Question NW1876 to the Minister of Police
27 September 2016 - NW1876
Mbhele, Mr ZN to ask the Minister of Police
(1) Has the SA Police Service (SAPS) officer who shot and injured a 17-year old learner outside Rietvale Secondary School in Ritchie, Northern Cape, on 14 June 2016 been placed on suspension pending finalisation of the Independent Police Investigative Directorate (IPID) investigation; if not, why not; if so, what are the relevant details; (2) whether the specified IPID investigation has been completed yet; if not, (a) why not and (b) by when is it expected that the specified investigation will be completed; if so, (i) what were the findings, (ii) what is the recommended sanction against the specified officer and (iii) has the specified recommendation been implemented by the SAPS?
Reply:
(1) No. The member was not suspended after all relevant facts of the incident were considered by the Northern Cape Provincial Disciplinary Committee. The facts revealed that the member fired a warning shot. The incident was thoroughly investigated and referred for a disciplinary hearing which commenced on 19 September 2016.
(2) Yes.
(2)(a) Not applicable.
(2)(b) The investigation was completed and submitted to the South African Police Service on 15 July 2016.
(2)(b)(i) The Independent Police Investigative Directorate (IPID) through its investigation found that the member committed misconduct by contravening Regulations 20(a) in that he failed to comply with, or contravened an Act, Regulation or legal obligation; 20 (e), in that, he endangered lives of others by disregarding safety rules or regulations; 20(p), in that, while on duty he conducted himself in an improper, disgraceful and unacceptable manner; and Regulation 20(z) for committing a common law or statutory offence.
(2)(b)(ii) The recommendation was that the member be charged departmentally in terms of the South African Police Service Discipline Regulations, 2006.
(2)(b)(iii) Yes, the SAPS did implement the IPID recommendation by instituting disciplinary steps and referred the matter for a hearing as indicated in paragraph (1) above.