ATC210901: Report of the Select Committee on Security and Justice on its oversight in terms of mitigating the impact of the COVID-19 pandemic and the recent public violence, looting and destruction of property with a particular focus on the KwaZulu-Natal region and oversight visit to the uMzinto Correctional Centre in KwaZulu-Natal Province on 19 August 2021, dated 01 September 2021

NCOP Security and Justice

Report of the Select Committee on Security and Justice on its oversight in terms of mitigating the impact of the COVID-19 pandemic and the recent public violence, looting and destruction of property with a particular focus on the KwaZulu-Natal region and oversight visit to the uMzinto Correctional Centre in KwaZulu-Natal Province on 19 August 2021, dated 01 September 2021.

 

1.Introduction

 

The Select Committee on Security and Justice (“the Committee”) conducted an oversight week under the Council theme of “Mitigating the impact of the COVID-19 pandemic and the recent public violence, looting and destruction of property” during the recent civil unrest over the period 9-18 July 2021. The Committee, in collaboration with the Select Committee on Cooperative Governance and Traditional Affairs, focused its attention on the KwaZulu-Natal Province.

 

The Committee arranged its time to meet with the following ministries and departments:

  1. Briefing by the National Executive and KwaZulu-Natal Provincial Executive Authority on the extent of the recent civil unrest in South Africa during the period 9-18 July 2021 and its impact on the KwaZulu-Natal province.
  2. To visit and inspect the damage to the uMzinto Correctional Facility in KwaZulu–Natal Province as a result of arson emanating from an attempted prison break during the peak of the unrest period.
  3. Briefing by the National Prosecuting Authority (NPA) on its progress with regard to prosecutions emanating from the recent civil unrest and challenges hampering investigations.
  4. Briefing by the Independent Police Investigative Directorate (IPID) to receive feedback on SAPS members and Metro Police members misconduct during the civil unrest and progress with investigations.
  5. The Committee would also be briefed on each Department’s policy in place to curb the Covid-19 pandemic.

 

2.Primary aim of the oversight week

 

In terms of executive accountability, the Select Committee is mandated to conduct oversight of the government’s response to the recent civil unrest during the period 9-18 July 2021 and assess government’s response to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law.

 

The South African Police Service developed an impact statement for the period 2020 to 2025, as reflected in the SAPS’ Strategic Plan[1], which commits the organisation to ensure “a safe and secure environment that is conducive for social and economic stability, supporting a better life for all”. The SAPS noted that the statement requires the cooperation of different services and spheres of government to ensure its success.  The recent civil unrest during the period 9-18 July 2021 tested the SAPS ability to respond to the crisis. The Committee therefore sought to understand the events that led up to the unrest, the SAPS response and performance during the unrest and the lessons learnt from the experience.

 

The Committee identified the events emanating from the civil unrest such as arrests, progress with investigations, prosecutions as managed by the National Prosecuting Authority (NPA), and police discipline during the unrest as areas requiring a progress report.

 

The Committee further identified the attempted prison break and fire by offenders at the uMzinto Correctional Centre in KwaZulu-Natal for inspection that utilised the civil unrests strain on the system as a means to escape and the lessons learnt by the Department of Correctional Services (DCS).

 

The Committee required an update on each Departments’ response to the Covid-19 pandemic and its effect on their operations.

 

3.Committee delegation and support staff

 

The Delegation comprised the following members and support staff:

Ms ZVL Ncitha, ANC 

Eastern Cape 

Mr G Michalakis, DA

Free State

Mr K Motsamai EFF

Gauteng

Mr EM Mthethwa, ANC

KwaZulu-Natal

Ms S Shaikh, ANC 

Limpopo

Ms E Nkosi , ANC

Mpumalanga

Mr S Zandamela, EFF

Mpumalanga

Ms M Bartlett, ANC

Northern Cape

Mr TSC Dodovu, ANC

North West

Ms C Visser, DA

North West

Mr  I M Sileku, DA

Western Cape

 

Support staff:

 

Dr A Van der Burg, Content Advisor

Mr Z Rento, Committee Secretary

Mr G Dixon, Committee Secretary

Mr B Lwazi, Committee Assistant

 

4.Briefing by the National Executive and KwaZulu-Natal Provincial Executive Authority on the extent of the recent civil unrest in South Africa during the period 9-18 July 2021 and its impact on the KwaZulu-Natal province.

 

The Committee required a briefing on the extent of the civil unrest in South Africa and invited the Minister for Police and the South African Police Service (SAPS) to brief the Committee. The Committee further invited the KwaZulu-Natal Member of the Executive Council for Transport, Community and Liaison to brief the Committee on its response to the unrest and the resultant impact on the province. In addition, the Committee invited the Members of the Provincial Legislature responsible for community safety and the Head of the Department of eThekwini Metro Police Services.

 

 

4.1Presentation by the SAPS

 

The Committee met virtually with the Minister of Police: General B Cele, the Deputy Minister Mr. C Mathale, and the National Commissioner General KJ Sitole and the SAPS delegation.

 

The presentation commenced with a broad overview of the events leading up to the civil unrest that began with the SAPS execution of the Constitutional Court judgement to incarcerate former President Mr JG Zuma. At the time, and leading up to the incarceration of the former president, large gatherings of people congregated at the former president’s home in Nkandla to protest the incarceration. The former president was incarcerated on 7 July 2021. Protests began in North and Central KwaZulu-Natal on 9 July 2021 with national roads blockaded by forcing trucks to block the roads, torching them and also utilising dump trucks to dump material to block the roads. The burning of infrastructure and looting continued through 11 July 2021 when the unrest spread to Central Johannesburg and surrounding areas. Protests continued with isolated incidents in North West, Mpumalanga and Northern Cape. The situation was normalised on 19 July 2021.

 

4.2Impact of the civil unrest

 

There was a total of 360 fatalities across the Gauteng and KwaZulu-Natal provinces over the unrest period with investigations continuing. The provinces experienced extensive damage to shopping centres, storage facilities, production facilities and liquor outlets. 200 shopping centres and 116 malls were looted and damaged with 100 of these suffering fire damage. 300 shops were looted and damage to 1400 ATMs, 300 banks and Post Office branches occurred. The unrest damaged 113 communications infrastructure, 11 warehouses, 8 factories and 161 liquor outlets. 1119 retail stores also suffered extensive damage. The estimated economic impact amounted to R50 Billion according to the Consumer Goods Council of South Africa.

 

4.3Public Order Police deployments

 

The 4 National Public Order Police (NPOP) Reserve Units were mobilised in support of POP Units in KwaZulu-Natal and Gauteng: The POP National Reserve Units in the Western Cape and Mpumalanga, were mobilised in support of the NPOP capability in KwaZulu-Natal. All other Provinces mobilised their POP capabilities, in support of POP Units in KwaZulu-Natal.

 

Update on stolen ammunition

On 9 July 2021, a container with 1.2 million rounds of various calibres of ammunition and 800 000 primers arrived at Durban Harbour. The container was en route to the SARS Customs Depot for inspection but was looted during the period of unrest and the contents were removed.

 

A total of nine arrests have been made to date and 42 420 rounds of ammunition and 200 000 primers have been recovered. The investigation by the Directorate for Priority Crime Investigation (DPCI) is, however, ongoing.

4.4Investigation of instigators

 

On the 19 July 2021, the Directorate for Priority Crime Investigation (DPCI), together with the Division: Crime Intelligence and the Division: Detective and Forensic Services held a joint meeting relating to the public violence and civil unrest in the KwaZulu-Natal and Gauteng Provinces. These three environments were joined by National Prosecuting Authority (NPA) representatives, from 21 July 2021 onwards.

 

As a result of the disruptive actions, a number of Persons of Interest were identified for their criminal involvement in allegedly inciting the protests and public violence. Some of these Persons of Interest are the subject of further investigation, to verify and confirm the allegations. From a total of the 23 investigations, 4 matters have been placed on the court roll with 7 dockets under investigation. 12 of these matters are enquiry files.

 

4.5Racial violence in Phoenix

 

From 12 July 2021 the Phoenix community set up blockades and patrolled the streets of Phoenix. The problem arose when community members exceeded their powers and also racially profiled people that were allowed into their suburbs. This amounts to discrimination and a restriction of movement.

 

In one incident 4 African males sustained gunshot wounds and one African male died on the scene. Their vehicle was set alight. This sparked racial tensions in the area. Since then several other bodies were discovered at the Phoenix mortuary, allegedly killed at the road blockades. The victims of the Phoenix crimes were mostly Africans from Bhambayi, Zwelitshaand Amaoti.

 

4.6Recovery of stolen items

 

SAPS reported that the following items were recovered:

 

Items

Total

Liquor

166 litres

Firearms (firearms seized from security companies)

152

Illegal Firearms

112

Motor vehicles

7

Ammunition

493

Building material

158

Bicycles

5

Cigarettes

4 000

Computers

29

Electronics and audio visual devices

120

Televisions

27

Microwave ovens

7

Fridges

14

 

4.7Key challenges

 

  • The magnitude of the looting and the destruction of property occurred simultaneously, in various places.
  • The collapse of the 4-shift system into a 2-shift system was implemented to increase the number of members deployed on the ground. This approach is however not sustainable, as it is costly and tiring for members.
  • Crowd management requires numbers for efficient policing and the reality of the current SAPS situation, is that there are insufficient numbers of Public Order Policing (POPs) members e.g. the crowd management capacity of the Country was over 10000 in the past and is currently just over 5000.
  • The SAPS will conduct a thorough analysis, during which challenges, lessons learnt and recommendations regarding the way forward will be determined.

 

4.8Presentation on behalf of the KwaZulu-Natal Member of the Executive Council for Transport, Community and Liaison by the HOD

 

The MEC, Hon Ms Neliswa Peggy Nkonyeni, was unable to attend the meeting but through the Head of Department, Mr. S Gumbi, proceeded to brief members on their presentation on the recent unrest in Kwa-Zulu Natal.

 

4.9Key challenges

 

The Department of Transport, Community and Liaison reported many of the challenges related to service delivery.

  • Impact on health care - a number of hospitals, Community Health Centres and clinics were operating on skeletal staff as many were unable to report for work.
  • 7 healthcare facilities, 3 Ambulances, and 1 district office were either looted or vandalized in eThekwini, Ugu, Umgungundlovu, Harry Gwala and Umkhanyakude.
  • Schools - All provincial districts reported incidents with districts reporting the total number of school infrastructure affected amounts to 139. Generally, the looting was targeting schools with food scheme programmes and computer facilities.
  • Impact on social services - 8 SA Post Offices responsible for payment of social grants were burnt, and 25 vandalized and looted. All cash payments that were to take place as of the 12th July were halted to date as cash could not be transported via CIT on the road to the cash pay points.
  • Impact on local government sector:  In Ugu District, a large group of protesters gained entry into Fleet Offices and Farmers Market and started looting and burning municipal property such as; 2x Excavators, 2x Graders, 12x Water Tankers, 18x Service Delivery Vans, 1x Open Bin Truck, 2x TLBs, 1x Bus, 1x Small Vehicle (VW Polo), all offices, all storage garages and guard houses.
  • In Mtubatuba Municipality, Disaster Management Emergency Service Office were vandalized and burnt. In some areas, service delivery was severely affected particularly in terms of access to municipal services.
  • Community Service Centres were also affected, namely: Mpungose (Traditional Administrative Centre), CeleNhlangwini (Traditional Administrative Centre), Dududu, Bhamshela and Impendle.
  • Water Services: water delivery was affected as municipal workers and plant operators could not reach some sites, Water tankers was halted to protect assets.  In Umhlathuze, Esikhaleni Water treatment plant was forcefully shut down. In Ethekwini, Water outages were experienced in Chatsworth , Shallcross, Klaarwater due to a major leak on the rising main.

 

4.10Committee observations 

 

  • The Committee noted the resources and capacity challenges in respect of the number of the Public Order Policing has been decreasing since 2012, as compared to the growing South African population standing at 59 million;
  • The Committee noted that there is a need for more police stations as the population in communities is growing;
  • The Committee noted that 9 out of 14 police helicopters are grounded which creates a challenge in terms of resources;
  • The Committee was pleased with the working relationship between the CPFs and SAPS;
  • The Committee noted that in respect of the confiscation of groceries at freeways, the allegation of police officers taking those for themselves would be investigated.
  • The Committee noted that in respect of Firearms confiscation: those were taken for ballistic analysis purposes as there are allegations of shootings by security companies during the unrest period;
  • The Committee noted that SAPS is engaging the National Prosecuting Authority when it comes to cases awaiting decisions, and are working on the matter;
  • The Committee noted that a Peace committee has been established and that the Department is working within a 6-month timeframe to identify programmes to integrate those communities.
  • The Committee noted the commitment of SAPS, when it comes to the stolen ammunition which is being investigated by the Directorate for Priority Crime Investigation (DPCI).

 

5.Briefing and inspection of the damage to the uMzinto Correctional Facility in KwaZulu–Natal Province as a result of arson emanating from an attempted prison break during the peak of the unrest period.

 

The Committee requested the Department to provide a status update on the uMzinto Correctional Centre and the measures put in place to bring stability to the centre. The Committee met with the National Commissioner for Correctional Services, Mr A Fraser and the Department for Correctional Services (DCS) delegation at the uMzinto Community hall for a briefing and thereafter the Committee conducted a site inspection of the centre.

 

5.1Presentation by the Department of Correctional Services

 

The DCS provided a brief background to the events leading up to the attempted prison break during the civil unrest in KwaZulu-Natal between 9-18 July 2021. The incident occurred on 12 July 2021 at the height of the unrest.

 

The Correctional Centre had a lock up total of 491 offenders resulting in 129% overcrowding. The approved post establishment of the Centre is 164. On 12 July 2021, 69 officials were booked for duty but due to the community protest only 32 officials reported for duty. The incident occurred in Unit A which accommodates 191 inmates. Due to the shortage of officials on duty the Centre followed protocol by limiting the amount of inmates out for their daily routines. A few inmates in one of the cells in Unit A that accommodates 29 inmates, overpowered the 6 officials on duty tasked with releasing them. The officials managed to escape the riot and locked Unit A. The inmates then proceeded to burn their bedding and use the metal beds as battering rams to force open the other cells. All 191 inmates were out and by utilising the beds, created a platform to escape the courtyard onto the roof of the Centre. 

 

The officials on duty immediately activated the alarm system calling for the support of the off duty officials residing onsite at the Centre. The manpower was still not sufficient to restore order. The fire department was called to assist but could not reach the Centre due to barricaded roads. The SAPS, the DCS Durban Management Area and Emergency Support Teams could not reach the Centre for the same reasons. SAPS provided a helicopter and dispatched support to the Centre.

 

The arrival of the SAPS found about 90 inmates on the roof of the Centre. The SAPS used rubber bullets to quell the riot and this resulted in one inmate falling to his death and another inmate who later died in hospital. No inmate escaped the facility but they gained access to the Centres storage facility and armed themselves with garden utensils as weapons and proceeded to burn the Centres storage facility.

 

5.2Extent of the damages and progress with refurbishment

 

The structural assessment of the damage has been conducted by the Department of Public Works and Infrastructure (DPWI) and DCS in-house professionals. The implementation of the repairs and refurbishments project at uMzinto Correctional Centre is in progress with the condition assessment and cost analysis completed, with a preliminary cost estimate of R28 Million (buildings) and R2 Million (IT Infrastructure).

 

The damages to the facility included: 

  • Staff offices, mini kitchen and storerooms were set alight;
  • Electrical wiring, lights, switches, and windows were damaged;
  • All furniture was completely destroyed by fire;
  • Corridors and courtyards had all lights affected by the fire;
  • A hole was opened on the wall leading to the back of the Supply Chain Management building;
  • Communal and single cells were not directly affected by fire but only the grills of viewing panels and locking mechanisms were damaged; 
  • Inmates dining hall: had its walls and concrete ceiling affected by smoke; 
  • Supply Chain Buildings: All Supply Chain Stores and offices were burnt down i.e. electrical features such as light fittings and wirings. Although the walls are still standing they are showing signs of structural instability; 
  • Maintenance Section Building: The entrance door of the section was damaged while trying to gain access to the section;
  • Main kitchen: Windows louvers were also damaged while the inmates were trying to gain access into the kitchen;
  • External damages: lightning protector of the building, sensors of a security fence, concrete caps on the roof and locking mechanism of doors into the mini sub-station room were damaged; 
  • Vehicles: 11 vehicles were vandalised by inmates.

 

The primary objective is to restore the functionality of the Unit in order to regain the bed space lost and the logistics section to return to normal operations. The matter was reported to National Treasury to fund the R30 Million refurbishment project. The DCS provided a 12-month time frame for completion of the project.

 

5.3Centre recovery response

 

  • 191 Remand Detainees and a further 10 sentenced inmates were transferred to Durban Medium A and B Correctional Centres respectively;
  • Various investigation teams focusing on Security, Management Practice, Losses, Facilities and Business Continuity have been appointed including preliminary investigation conducted by the Regional Investigating Team (RIT);
  • A service provider has been appointed for the servicing and repairs of all fire- fighting equipment of the entire facility; 
  • Installation of barbed wire fence on the courtyard walls to prevent inmates from escaping is in progress; 
  • Temporary storage space for perishable and non-perishable items has been made available;  
  • Electrical wires including the distribution board and cable have been repaired;
  • All Continuous Risk Assessment (CRA) files for RDs have been restored;
  • 07 of the 11 vehicles that were vandalised have been repaired and are back at the Centre.
  • A criminal case has been opened with SAPS.

 

5.4Key challenges

 

The DCS identified the following challenges:

  • The scale of the civil unrest was an unforeseen event that resulted in various lines of communication and travel disrupted by blockaded roads and armed groups of people stoning vehicles. The DCS reported that there was no voluntary stay away by the staff on duty. They were unable to navigate the unrest and this was attested to by the inability of the fire department and the DCS Emergency Support Teams to reach the facility. The SAPS were only able to reach the facility by air.
  • The Centre acknowledged that it should have utilised the 32 officials on duty more effectively by concentrating their efforts collectively on one unit and servicing the Centre section by section.
  • The Centre noted that fire drill training was necessary.
  • The DCS advised that investigations were ongoing and would further advise on the means to strengthen any vulnerabilities identified at the Centre.

5.5Committee Observations:

 

  • The Committee noted that the unrest situation was a turning point in our country, it was abnormal and had profound implications for the country.
  • The Committee expressed concern for the officials who had been held hostage by the inmates and requested the Department to ensure that the officials receive the required psychological support following the incident.
  • The Committee reiterated the importance of rehabilitation which should always be a key outcome of the Department of Correctional Services.
  • The Committee emphasised the need for greater emphasis on social cohesion to ensure partnership and ownership so that everyone has the necessary skills and capacity to address any future challenges.
  • The Committee noted the progress made by the KwaZulu-Natal division, when it comes to the vaccination of inmates which stands at 79 338 (63%).
  • The Committee emphasised the need for the Department to put measures in place when it comes to the safety of the female officers as they were under attack.

 

6.Briefing by the National Prosecuting Authority (NPA) on its progress with regard to prosecutions emanating from the recent civil unrest and challenges hampering investigations.

 

The Committee met virtually with the National Prosecuting Authority on its progress with investigations.

 

In attendance:

Adv Shamila Batohi - NDPP

Adv Rodney De Kock – DNDPP (National Prosecutions Service: NPS)

Adv Anton du Plessis – DNDPP (Strategy, Operations and Compliance: SOC)

Adv Jannie Schutte – Senior State Advocate, NPS

Ms Bulelwa Makeke – Head of Communications

Adv Mthunzi Mhaga – Special Director in the office of the NDPP

Adv Nomvula Mokhatla – DNDPP (Legal Affairs Division: LAD)

Adv Priya Biseswar – Special Director (Asset Forfeiture Unit)

Adv Bradley Smith – DDPP, NPS

Adv Andrea Johnson – DDPP, Organised Crime Coordinator

 

6.1Presentation by the National Prosecuting Authority

 

The NPA assured the Committee that it has a plan in place to ensure effective and evidence led prosecution through close consultation with JCPS partners and proceeded to brief the Committee on its progress.

During the period 07 - 11 July 2021, the NPA opened 170 new cases involving 190 accused enrolled at court. This escalated between 12 - 16 July 2021 with 618 new cases involving 1 249 accused enrolled at court. The new cases as from 19 July 2021 were reduced to 69 new cases involving 110 accused enrolled at court with ongoing investigations still adding more arrests.

The NPA reported that the unrest impacted the Gauteng and KwaZulu-Natal Divisions mostly. With transport related issues impacting court proceedings.

 

In collaboration with SAPS, emerging cases were divided into 4 categories:

  • Level 1 (Primary Crimes): Actual looters and persons participating in stealing from shops and outlets.
  • Level 1 (Secondary Crimes): Persons found in possession of stolen properties.
  • Justifiable cases from the above categories may result in restorative justice or alternative measures such as admission of guilt fines, diversion, plea and sentences agreements.
  • Level 2: Groups and individuals stealing property in big quantities, organised or planned action.
  • Level 3: Initiating unrest, enticement and inciting public violence – experienced prosecutors assigned from Organised Crime and PCLU.

6.2Progress with investigations

 

  • Four high profile cases involving incitement are under investigation in KZN by the Organised Crime Component; five in Gauteng and one in Western Cape. Investigations are ongoing with instigators and planners of unrest.
  • Two murder cases have been enrolled in the Pietermaritzburg High Court and one is still under investigation.
  • Mamelodi Court matters on public violence will be transferred to Pretoria Regional courts in order to deal with the increased volume.
  • Verulam is the only court where a priority court is required. This was arranged by the Department.
  • Discussions at daily meetings between SAPS, NPA, DOJ at district, Provincial and National meetings with collaboration of information and data shared between all stakeholders.
  • At courts, Directives by Minister of Justice requires prioritisation of certain categories of cases - coordinated by the Judiciary.

6.3Action and way forward

 

  • SAPS Instruction 16/2021 issued for public violence investigations to be prioritised and law enforcement officials to attend court on trial dates.
  • High profile unrest dockets to be taken immediately to Chief Prosecutor on registration of the task teams established with SAPS to deal with specific areas eg Phoenix “massacre”, incitement matters, etc.
  • SAPS dedicated National Task Team who will follow up on withdrawals and matters struck off the roll.
  • Progress still monitored in collaboration with other stakeholders on all levels.
  • At court, Provincial Court Optimisation Committee, which is chaired by the Regional Head: Department of Justice, is meeting to discuss the operational challenges at court. This includes the Covid-19 impact on performance, as well as the unrest cases as priority cases.

 

6.4Key challenges

 

  • Initial dockets brought to court were poorly investigated due to time and resource constraints. The NPA reported that the volume of cases impacted SAPS ability to obtain information for consideration of bail. Arrest statements did not properly deal with all the elements of crimes, especially Section 36 of the General Law Amendment Act.
  • Overcrowding of SAPS cells posed a challenge. The SAPS require a quick processing procedure when large numbers of people are arrested.
  • Large numbers of accused initially brought to court with statements incomplete – NPA provided training notes to SAPS.
  • The lack of Cyber Forensic capabilities continues to hamper the pace of the investigations.  This issue is attended to by the Head: DPCI.
  • Continuous engagement between NPA and DPCI on this is important to preserve and analyse the evidence.
  • Due to the unrest, vigilante groupings sprouted and crime scenes quickly shifted and resulted in challenges with regard to identification of criminal elements.
  • The seizure of abandoned looted goods resulted in no cases being opened as no offenders could be linked. The mass seizures in certain areas led to no arrests.
  • SAPS have released accused persons for future dates via SAP 496, J398 as well as J534’s hence the actual number of unrest cases in court remains unquantifiable.
  • Importance of using technology during investigations and at courts.
  • Lack of resources both in equipment and staff required for technology as well as infrastructure and maintenance of electronic equipment.
  • Changes to legislation required to allow acceptance of evidence and usage of technology.
  • Need to increase engagement and coordination between SAPS, DOJ and NPA at district levels to deal with operational challenges.
  • Provincial senior management of stakeholders need to be proactive and meet immediately when unplanned actions like these arise.

 

6.5Committee observations and concerns

 

  • The Committee noted that the NPA had assessed training needs during their investigations and had conducted training with SAPS, DPCI and Detective Forensics. Members of crime intelligence also attended these training sessions which greatly assisted with investigations.
  • The Committee noted that Cyber Capabilities are seriously lacking within SAPS and DPCI. Much of the unrest happened on social media and the Departments were concerned about manipulation of social media posts. Due to the fact that the Cybercrimes Act is not yet in operation, they had to use the old Communications Act.
  • The Committee noted that the Integrated task team which was operational at the provincial and court level was established to ensure that initial blockages within the system were addressed. The structure is led by DOJ and senior prosecutors and this task team has been effective in ensuring the efficient movement of cases through the system and this has resulted in the normalisation of operations.

 

7.Briefing by the Independent Police Investigative Directorate (IPID) to receive feedback on SAPS members and Metro Police members misconduct during the civil unrest and progress with investigations

 

The Committee met virtually with the Independent Police Investigative Directorate to provide an overview of the police discipline during the unrest period and progress with the IPID investigations.

In attendance:

Deputy Minister for Police - Mr. C Mathale

IPID Executive Director - Ms. DJ Ntlatseng

National Head of Investigations - Mr. M Sesoko

Gauteng Provincial Head - Ms. A Ntshangase

KZN Deputy Provincial Head - Ms. C Van der Sandt

Executive Support - Ms. A Mphago and Mr. R. Mamabolo.

 

7.1Presentation by the Independent Police Investigative Directorate

 

The IPID received a total of 74 cases related to the recent unrest period. Of the 74 cases received, 61 were in KwaZulu-Natal and 13 in Gauteng Province.

The majority of cases reported were cases of death as a result of police action with 26 cases reported, followed by assault with 25 cases, 17 complaints of discharge of official firearm, and 4 cases of death in police custody.

 

The IPID reported that the statistical data indicated the Phoenix police station received a high intake of cases with 9 cases reported of which six 6 was assault and three 3 was death as a result of police action. Two cases of torture were also reported.

7.2Support from SAPS and other role players

 

The IPID reported that it is receiving the necessary co-operation from key stakeholders.

  • The SAPS and Metro Police Services (MPS) report crime incidents resulting from police action as per their obligations in terms of section 29 of the IPID Act 1 of 2011.
  • The SAPS and MPS cooperates on cases referred to IPID for investigation.
  • The evidence exhibits were referred to the Forensic Science Laboratory for analysis.
  • Post-mortems were attended by IPID and were conducted by the Department of Health in various health institutions.

 

7.3Key challenges

 

  • Uncooperative witnesses.
  • The situation was so volatile making it difficult for IPID to access some of the victims and witnesses.
  • High case intake during the unrest making it difficult to attend some of the crime scenes timeously.
  • Other crime scenes not attended immediately due to safety reasons as police were also attacked in certain communities.
  • Cases of stampede where there are no witnesses to provide details.
  • In certain instances, there were shootings involving communities, the police and private security making it difficult to ascertain who was responsible for the shooting.
  • It was also difficult for IPID to access crime scenes during the unrest.
  • The communities were sometimes reluctant to cooperate with investigations for fear of being investigated by SAPS for their role in looting.

7.4Committee observations and concerns

 

  • The Committee noted that the use of rubber bullets during incidents of unrest, is utilised in accordance with strict guidelines, which provide for the use of rubber bullets to disperse crowds.
  • The Committee noted that IPID has insufficient capacity to be in all areas. IPID has however put a plan in place to have offices in different districts and they have already negotiated with the Department of Community Safety in KZN to assist with the provision of more office space and the discussions are at an advanced stage.
  • The Committee noted that the Department experiences delays with forensics as this is dependent on SAPS and the Department of Health.

 

8.Policies in place to curb the Covid-19 pandemic by departments.

8.1SAPS

 

The SAPS has maintained the implementation of measures to manage and contain COVID-19, during the unrest-related period, in accordance with established protocols.

The National Launch of the SAPS Vaccination Roll-out was initiated on 5 July 2021 and Provincial Launches commenced on 8 July 2021. The SAPS’ Vaccination Roll-out was disrupted in KwaZulu-Natal, due to the civil unrest. All SAPS members were included in the Vaccination Roll-out (SAPS Act and Public Service Act personnel). The SAPS’ Vaccination Roll-out terminated on 11 August 2021.

Despite the few challenges experienced during the implementation of the Project, the SAPS vaccinated approximately 54% (subject to change upon conclusion of the Project) of its total number of employees, as at 10 August 2021.

A number of employees were not vaccinated, due to the following reasons:

  • Observing the waiting period, after having been confirmed positive with COVID-19.
  • Employees with uncontrolled medical conditions, without a letter of confirmation from a doctor.
  • Employees who have taken a conscious decision not to vaccinate.

8.2DCS

 

The vaccination of DCS officials commenced on 14 July 2021, following the receipt of correspondence from the Department of Health authorising vaccination at private and public vaccination sites in all Provinces;

In terms of the DCS implementation plan, all regions have been directed to ensure that all officials receive their first vaccination dose by 15 August 2021, and their second vaccination dose by 30 September 2021.

8.3NPA

 

Vaccinations started on 29th July 2021 after the vaccination sites were communicated by the Department of Health. Sites were circulated to all staff for vaccination purposes. Included was a list of Vaccine Coordinators for each Division to assist. Some staff had already received vaccination before 29 July 2021. Approximately 47% of staff had at least the first injection. The NPA continues to encourage staff to vaccinate.

8.4 IPID

 

The COVID19 Pandemic impacted the ability of IPID to effectively conduct its investigations. In some instances, witnesses, complainants and other role players were not wearing masks or observing safety protocols. The closure of some police stations and forensic laboratories due to COVID19 reported cases and the reluctance of witnesses to meet investigators due to COVID-19 pandemic presented challenges to completing investigations.

 

9.Committee recommendations

9.1SAPS and MEC

  • SAPS should ensure that it has adequate resources in the future to address any event of this magnitude.
  • SAPS should improve its POP capacity within the province and ensure effective training to all POP members.
  • SAPS should ensure that police stations are sufficiently resourced and that effective training is rolled out to police officers at police stations.
  • SAPS should strengthen its relationships with Community Policing Forums to ensure effective co-operation in crime fighting efforts within communities.
  • The Committee requests that it be furnished with the report on the investigation into the stolen ammunition being conducted by the Directorate for Priority Crime Investigation (DPCI).
  • SAPS should continue to strengthen its working relationship with the NPA and with the JCPS cluster as a whole.
  • SAPS should furnish the Committee with a detailed report after conclusion of its investigations into the unrest.
  • The MEC should ensure that the peace committee operates effectively to restore social cohesion within communities affected by the unrest.

9.2DCS

·The Committee requires a detailed report with clear recommendations from the DCS after it has completed its investigation into the incidents which occurred at uMzinto Correctional Centre.

·The Committee requires a report pertaining to the death of a female Correctional Officer at Leeuwkop Correctional Centre.

9.3NPA

  • The Committee requested that the NPA provides the Committee with an update on the restorative justice cases upon finalisation and any additional information through trials, guilty pleas and fines.
  • The Committee recommended that the NPA conducts continuous follow up with SAPS in respect of cases that have been struck off the court roll in order to ensure effective analysis and to address any gaps or challenges in respect of investigations.
  • The Department has identified the ‘‘Need to increase engagement and coordination between SAPS, DOJ and NPA at district levels to deal with operational challenges”.
  • The Committee recommended that the NPA furnishes the Committee with an update on these engagements moving forward.
  • The Committee encouraged the NPA to continue to strengthen its working relationship with the other Departments within the JCPS cluster.

9.4IPID

  • IPID should work closely with SAPS and the Department of Health to address the delays in forensics.
  • The Committee directed IPID to communicate with SAPS and the NPA to address any challenges in relation to the investigation of cases.
  • The Committee requested IPID to furnish it with an updated report, upon conclusion of its investigations, on the recommendations made by IPID and the actions undertaken in respect thereof.
  • The Committee encouraged IPID to work closely with the relevant Departments within the JCPS cluster to strengthen and foster relationships to ensure the success of their investigations.

9.5Covid-19 and Vaccination Programmes

The Committee encouraged all Departments to continue to implement programmes aimed at raising awareness regarding the importance of Covid-19 vaccinations and to continue to implement vaccination programmes.

 

Report to be considered.

 


[1] https://www.saps.gov.za/about/stratframework/strategic_plan/2020_2021/saps_app_2020_2021.pdf page7

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