|
Documents
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
~ ~ ~ ~ |
CHAPTER 1 Over the past three years of its existence, the ICD has had to contend with many challenges. A number of those challenges have been alluded to in previous presentations to this committee. We find solace in the knowledge that we are not the only department in this situation. All state departments are faced with the problems of financial and resources constraints. The ICD has just completed its third year of operations. Although operating in very difficult circumstances it has managed to become operational in all nine provinces, it has a nominal presence in Free State and Mpumalanga. Without fear of contradiction, the ICD can probably claim the most impressive results of any similar organisation in the world. I would, in this regard, like to refer this committee to Annexures A and B of this document. I have taken the liberty to compare the ICD with the Public Complaints Authority (PCA) of the United Kingdom and have attached Annexure C to this effect. In its 1998-99 Annual Report the PCA reported 65 deaths as the largest number recorded in one year. Also, statistics from 1989 to 1999 show that the PCA has only investigated between 17% and 40% of all the cases received and referred the rest to the police. It is also important to consider the outcome of investigations. In 1999, of the total of 9 784 complaints received, only 317, about 3,2% resulted in disciplinary steps against police officers. Having said that, we are conscious of the fact that this committee does not expect a litany of the department’s woes but an explanation of what the department has done with its slice of the cake and what it plans to do during this financial year. To that end, it would be proper to give you an overview of the activities that we have engaged in during the previous year. A comparison with the past years shows that there is a continued increase in the complaints received. Some complaints are still being processed and some have resulted in either criminal prosecutions or internal disciplinary proceedings against the relevant police officers. In view of this increased workload, we were compelled to reprioritise complaints that we have to deal with. We have also identified certain categories of complaints on which more emphasis should be placed. For reasons that would be clear during the presentation, an alternative way of dealing with certain complaints has been held in abeyance. The previous financial year was characterised by an increase of certain categories of complaints against the police. Although the figures of deaths have not changed dramatically, this still remains cause for concern. Details of this would be given later in the presentation. In spite of the steady increase in the work-load, we find ourselves in an unenviable position of having to be content with the limited capacity due to financial constraints. The number of cases that have to be investigated are also not matched by the capacity that the ICD has. ICD investigators have to each carry a disproportionately high number of cases to investigate. Added to that is the fact that in certain offices, investigators are also obliged to conduct the monitoring functions. This has the potential that investigators may not devote the attention that each complaint deserves and this may affect the quality of investigations. In this regard, the organisation has been forced to reprioritise in an attempt to improve the quality of its investigations. However, the reprioritisation still does not address the workload of cases that need to be monitored. Whereas our modus operandi has been to investigate the majority of complaints that come to our offices, we were forced to come to terms with the reality that our capacity simply cannot match the demands placed upon us. We have no option but to innovate and to this end, our strategic option is to investigate matters selectively. We have also felt that for the organisation to impact on incidents of crime and misconduct we ought to focus on systemic problems and underlying causes. Various initiatives have been taken in this regard. More importantly, in our recent strategic plan, we decided to shift focus to put more emphasis in monitoring certain complaints. Even in the cases of death, we will conduct preliminary investigations to decide whether or not to conduct a full investigation or refer the matter to the police. We believe this would free our few investigators to effectively investigate deaths. We are also engaged in various forms of research to address systemic problems. In addition, more demands had been placed upon us by, among others, the Domestic Violence Act. We see the investigation of cases as a means to an end. The ultimate objective of our endeavours is to contribute to the transformation initiatives. To this end, the Monitoring and Development component has identified a number of problematic areas and has engaged in various activities. The primary focus in monitoring is to address systemic problems instead of isolated incidents. A more holistic exercise in this regard is the development of the White Paper. We have also taken cognisance of the need to go and reach out to our constituency. We have marketed the organisation not only with a view to get it known, but also to fulfill an important educative function to the police and the general public. We have interacted and engaged in joint initiatives with other stakeholders. The idea behind the marketing initiatives is to ensure that the organisation is accessible to all the communities and that its role is clearly understood. Furthermore, it need be said that to succeed in our core function we need a sound administrative back-up. The structure of the ICD has not changed since the last time we made a presentation to this committee. Important developments have, however, taken place in the Human Resources Management. In this regard, we would like to single out training as the primary focus of the initiatives that have been undertaken. The Employment Equity Act is also something which we cannot ignore. All this has to translate into improved service delivery. While ideas and plans are needed one however, needs to be realistic about the financial implications. It is especially the financial resources which would ultimately determine whether our plans are implemented or not. On the face of it, the department’s budget has increased. However, close scrutiny would reveal that in real terms our operational budget has in fact gone down. While we have wished that we could do more, the reality is that our financial position did not allow it. Before considering the financial position of the ICD, it is worthwhile to note that the South African Police Service (SAPS) is spending R2,7 million per month on suspended police members. This translates to approximately R32 832 000 per annum on salaries to suspended policemen. This is about R7.8 million more than the total budget of the ICD for the 2000/2001 financial year. As reported in the media, the ICD was obliged to return 71% of cases back to the SAPS for investigation. This is clearly not a satisfactory state of affairs because in terms of its mandate the ICD must investigate all cases of deaths in police custody or deaths as a result of police action. We have for the last two years reported about the lack of capacity in the ICD. Only 28% of the total approved structure of the ICD is funded and in terms of the MTEF allocation, this situation would prevail for the next three years. There is no scope for improvement in the situation. As a matter of fact, the operational allocation of the ICD decreased by 6% for the 2000/2001 financial year compared to the 1999/2000 financial year. In conclusion, the ICD has managed with great difficulty and compromise to stay in its budget allocation for the 1999/2000 financial year.
CHAPTER 2 2.1 INTRODUCTION The core business of the ICD consists of three areas of specialisation which are being catered for by three components. 2.1.1 Complaints Registry: Its main responsibility is the processing and registration of cases received by the ICD. 2.1.2 Investigations: It has to ensure that all cases allocated for active investigation are indeed investigated efficiently and effectively. 2.1.3 Monitoring and Development: It performs a monitoring function which is divided into four albeit related
sub-objectives, namely, ordinary monitoring, post-investigation monitoring, supervision
and audit. For internal purposes and consistent with our investigative priorities, the complaints are classified as follows:
2.2.1 Statistical Information During the period under review, as was the case with the two preceding financial years, we experienced a phenomenal increase in the numbers of complaints brought to us. As at the 29th February 2000, we had received in total 3870 new complaints (See annexure D). If this is compared with the corresponding figures for the previous years, it is apparent that, on average, the yearly increases have remained constant at around 40% (See annexure E). The increases have been particularly high in certain categories of complaints such as assault with intent to do grievous bodily harm and common assault. The cases finalised during the period under review are detailed in annexure F. Annexure B also contains detailed information on cases that have been successfully prosecuted. It should be mentioned that about 34% of these finalised cases had, because of lack of capacity, to be referred to the police for investigations. 2.2.2 Capacity And Strategic Objectives In virtually all the Regional Offices the Complaints Registry components are understaffed, resulting in an undesirable situation where members of the public have on occasion had to wait for a considerable time before they could be attended to. We have committed ourselves to maintaining a high standard in our service delivery, which standards we are increasingly finding difficult to maintain because of lack of resources. This impacts negatively on our service delivery and will eventually affect the way the ICD is being perceived by the public. This lack of capacity compelled us to review our strategic plan and to revisit our investigative priorities. It will be recalled, from our previous briefings to the committee, that in the past our priorities in terms of investigation of complaints were on police-related deaths and referrals by the Minister for Safety and Security or members of the Provincial Executives. We invariably investigated these cases to finality; no matter the underlying circumstances and facts. While the police-related deaths will continue to enjoy priority, the emphasis will now be on conducting preliminary investigations into these matters and where there is no prima facie evidence of any wrongdoing on the part of the police, we will not take over the investigation but, rather we will monitor and / or supervise such an investigation. We will also, in line with Government priorities, focus on the following offences:
The greater part of our operational budget will be used to investigate these priority crimes as well as police-related deaths. Although we will also continue to investigate complaints emanating from the Ministry for Safety and Security and other political functionaries, these cases will not have any significant impact on budget because they constitute a small percentage of the cases we have received. 2.2.3 Mediation In our previous reports to this committee and the subsequent annual report to parliament, it was mentioned that Alternative Dispute Resolution mechanisms, in particular mediation, would, in order to reduce costs, be employed more frequently to resolve some minor misconduct cases. It is regrettable that although the policy was eventually approved by the Minister, its implementation had to be shelved, as the police raised, at the eleventh hour, a number of objections (most of them of a technical nature) against the policy. In other jurisdictions such as Canada, it is compulsory that a complaint should first be subjected to conciliation and mediation before an investigation can be embarked upon. As it will become apparent from reading annexure F, only 1.5% of the total cases finalised during the period under review, were resolved through mediation. Given the scarcity of resources, particularly financial resources, it is imperative that we employ mediation more often than has been the case at present to address minor misconduct One can only hope that with the passage of time and benefit of hindsight, the police will begin to appreciate that it is also in their interests that some of these matters be resolved informally and in a non-adversarial manner. There can be no logic in investing huge state resources in investigating and/or monitoring of cases which on the face of it can be resolved speedily through mediation. 2.3 INVESTIGATIONS 2.3.1 Key Outputs The Directorate: Investigations regards some its key outputs as follows:
2.3.2 Capacity to Fulfil Mandate and Maintain High Standard of Service Delivery
2.3.3 Re-prioritisation of Strategic Objectives for the Forthcoming Financial Year As a result of the lack of key strategic resources (mainly personnel), and an effective nett decrease in its operational budget for the forthcoming year, it has been necessary for the ICD to re-examine and re-prioritise its strategic objectives, with respect to, inter alia, investigative priorities, in order to streamline operations and maximise the utilisation of scarce resources. This has also been occasioned by a simultaneous need for the Directorate to increase its efficiency, service delivery and impact on the transformation of the SAPS. At its recent Strategic Planning Workshop held during February 2000, the following strategic objectives were identified with respect to investigations:
2.4.1 Key Outputs
2.4.2 Monitoring of the Implementation by the South African Police service (SAPS) of the Domestic Violence Act No.116 of 1998 (DVA)
We have already received our first cases in this regard and will be making our first report to Parliament in June 2000.
2.5.1 White Paper Process Within the short period of its existence, the ICD has had to contend with a variety of problems, some of which continue to exist. The problems experienced by the organisation relate to its legislative and resource constraints. Owing largely to these problems, it was decided that a way be found to holistically address the problems. After internal discussions, it was felt that the organisation should develop a White Paper that would set out a broad policy framework and identify strategic priorities.
2.5.2 Research Currently, in an attempt to be proactive and not reactive, the ICD is also focusing on developmental issues, for the purpose of highlighting root causes for certain police conduct.
2.5.3 Training One further proactive initiative is the making of contributions to SAPS training programmes. We have reviewed training curricula for policemen, with specific focus on disciplinary issues, human rights and awareness of the role and function of the ICD vis a vis SAPS. These are some of our successful interventions:
The ICD is aware of the dire need to make itself known to its stakeholders who include members of the SAPS and the public in general. The organisation will therefore have to engage itself in an aggressive marketing campaign from within and outside itself so that all its stakeholders fully understand and appreciate the reasons for its existence. 3.2.1 The ICD will first have to mount a baseline survey to enable it to determine the level of awareness of its functions among members of the public and other stakeholders such as the SAPS. 3.2.2 Meetings will have to be arranged with community policing boards as well as holding workshops with members of the SAPS on a countrywide basis. 3.2.3 It will seek funding from whatever quarters to develop one or two promotional videos to enable stakeholders to have a visual grasp of the workings of the organisation. 3.2.4 Apart from upgrading its current newsletter to a better quality production, the ICD plans to identity suitable projects to produce publications which will complement the existing efforts. Sponsorship will also be sought to produce billboards, which will attract the attention of the motoring public. 3.2.5 In order to make a lasting impression on the listening and viewing public, the ICD will approach radio and television stations in order to flight commercials and public service announcements about the activities of the organisation.
3.3.1 The ICD has determined that it is important that the leaders of various political parties are aware of and willing to support the ICD. For this reason, it has been decided that these political role-players should be identified and addressed to enable the ICD to receive the necessary political support from all quarters. 3.3.2 It has also been seen as crucial to approach this Committee on regularly as part of the exercise of involving the various political groupings in the activities of the ICD
3.4.1 The ICD will create positive working relations between governmental, non governmental and other Chapter 9 institutions on an on-going basis. 3.4.2 For the benefit of these organisations and institutions, the ICD will produce promotional materials on various issues relating to the ICD.
3.5.1 The ICD will increase the content of its monthly internal publication to bring to the fore issues relevant to the promotion of communication internal to the ICD. This came as a result of the need for the ICD to make itself understood amongst its own employees. 3.5.2 The ICD will ensure that everyone within the organisation is connected to the Internet and the Intranet by providing the necessary training in this regard, as the relevant infrastructure will be in place within the next month or so. 3.5.3 The ICD will ensure that an information database is created so that information may be easily and immediately accessible. This information will be available to all staff members and will be updated from time to time.
3.6.1 The ICD aims to make itself accessible to all South Africans by being available in all the nine provinces and even within the provinces. The last two remaining offices will be strengthened, as soon as resources permit, to full capacity. Other non-governmental organisations will be requested to assist in the capacity of in-take offices to register complaints. 3.6.2 Efforts are being made to equip the ICD with a toll-free telephone line to facilitate accessibility. This is an expensive project which will require donor funding, as the current budgetary provision does not cater for this need.
CHAPTER 4 4.1.1 We have for the past two years been struggling to establish the full presence of the ICD in Mpumalanga and Free State. We are up until now unable to employ the full staff complement in these two Provinces, let alone to afford accessible office accommodation, particularly in the Free State. 4.1.2 Even though the originally approved staff complement of the ICD was 535 positions, financial provision has only been made for 153 positions. This places a huge burden on the existing staff since they have to carry out the ICD’s mandate in spite of the prevailing staffing situation. There is prevailing a demoralising atmosphere among the staff as a result of them having to do extra work sometimes without any remuneration. 4.1.3 Due to lack of funds to enable us to employ more personnel, cases reported to us either take a long time without being attended to or are completed after a very long time. A continued shortage of staff has forced the ICD to revisit its mandate in terms of case prioritisation, which is not in the interest of the public. Operating on just 28% of the total structure in the entire Republic has a negative impact on the mandate and credibility of the ICD. At least a 20% staff complement increase in the new financial year would make a difference. 4.2.1 In terms of our 2000 / 2001 Business Plan, we are going to decentralise functions which are presently centralised in Head Office. We will have to train Administrative staff and Management at Provinces on PERSAL and the running of Personnel Expenditures. This involves linking-up all Provincial Offices to PERSAL. The money for training in general is inadequate. In addition to training personnel to enable the ICD to decentralise its functions, the following training programme is envisaged for the 2000 / 2001 Financial year:
4.3.1 Accommodation We have succeeded in establishing a presence in all the provinces. In addition to the existing offices in the seven provinces, we have now established complaints intake offices in Free State and Mpumalanga. In these two (2) provinces the ICD is making use of accommodation from other State Departments. Due to severe budgetary constraints, these offices only serve as intake offices. In order to obtain office space for the two new offices, the ICD will need over R345 600 per annum which the current budget does not permit. 4.3.2 Resources
CHAPTER 5 5.1.1 According to an article in the STAR dated 14 March 2000, the SAPS is spending R 2,7 million per month on salaries to suspended police officers. This translates to approximately R 32 832 000 per annum. This is about R 7,8 million more than the total budget of the ICD for the 2000/2001 financial year. 5.1.2 It was further established that the South African Police Service (SAPS) paid approximately R 16 000.000 for claims from the general public against the South African Police Service as at 29 February 2000 for the 1999/2000 financial year. 5.1.3 In another article in the PRETORIA NEWS dated 10 March 2000, in was reported that the ICD was obliged to return 71% of cases back to the SAPS for investigation. This is clearly not a satisfactory state of affairs because in terms of its mandate the ICD must investigate all cases of deaths in police custody or as a result of police action. Although the ICD is not obliged to investigate other cases, it has nonetheless a statutory duty to ensure that these cases are investigated effectively ad efficiently. It is therefore understandable that staff can be demoralised because they feel that the ICD is compromising its mandate. The lack of critical resources also plays a significant role in the approach and attitude of staff. Notwithstanding the mentioned shortcomings, we have a very skilled and loyal labour force. 5.1.4 We have been reporting about the lack of capacity in the ICD for the past two years. Only 28% of the total approved structure of the ICD is funded and in terms of the MTEF allocation this situation will prevail for the next three years. There is no scope for improvement in the situation. As a matter of fact, the operational allocation of the ICD decreased by 6% for the 2000/2001 financial year compared with the 1999/2000 financial year.
5.2.1 With great difficulty and compromise, the ICD managed to stay within its budget allocation for the 1999/2000 financial year. 5.2.2 Important resources, such as vehicles and office furniture could not be procured to satisfy the needs of the staff due to a lack of funds. The department has to rely on the SAPS on a greater extent to deal with cases. See Annexure (H 1 &2 ) for a provincial breakdown of expenditure per standard item for the above-mentioned financial year. 5.3.1 During the 2000/2001 financial year, the department will establish an internal audit component to comply with the provisions of the Public Finance Management Act, Act no 1 of 1999 as amended by act 29 of 1999. 5.3.2 Once again, funds had to be shifted from line function’s anticipated expenditure to administrative expenditure to make provision for the internal audit function. While we realise the importance of an internal audit function it must be carefully balanced against the importance of the core business of the ICD.
5.4.1 As can be seen in Annexure (J1 & J2 ), the available budget for the ICD in real terms actually decreased. The operational budget decreased by 6% compared with the 1999/2000 financial year. 5.4.2 If this should be put into perspective taking into consideration the inflation rate, the funds available will be even less. As reported earlier, the ICD had to redefine its priorities and a new strategic direction was embarked upon during the Strategic Planning Workshop. Emphasis was place on specific areas such as monitoring and development and somewhat compromising the investigative capacity of the ICD. 5.4.3 Although it was required of the ICD to make funds available for expenditure on office accommodation for the Free State and Mpumalanga, no funds were available for this purpose. The ICD must therefore share accommodation with other state institutions and thereby compromising its independence. This situation is also contrary to recommendations made by the National Intelligence Agency (NIA) with regard to the ICD office accommodation. It must be emphasised that the budget for this financial year is totally inadequate to meet the requirements of the department. As already indicated, the allocation in terms of the MTEF allows no room for expansion for the ICD and the current situation will persist. See Annexure (K1) The budgetary increase in monetary terms, only makes provision for salary increases and the carry-through costs of such expenditure. The operational budget decreases even further during this MTEF phase. (Annexure K2) Unless an increase in the budgetary allocation of the ICD during this MTEF phase is forthcoming, a dramatic curtailment of critical activities of the department will be a reality in the very near future. CONCLUSION In conclusion, we would like to emphasise that we are not here to present a litany of our department’s problems but to explain to this Committee how we have managed with the financial allocation of the last fiscal year. We are further to project how we intend to spend our allocation for the new financial year. It is obvious that we will have to make do with less resources in real terms but we are determined to make our contribution to the transformation of the SAPS. We intend to fulfill our statutory obligations and to promote proper police conduct. We shall do everything within our power to find ways and means of reducing the number of police-related deaths by engaging all relevant stakeholders including members of the SAPS in workshops to find a solution together. We believe that we have to reach a common understanding with all role-players that there is a need to find alternatives to the use of excessive force. We have an obligation to raise the ICD public profile and to address negative public perceptions regarding the functions of the organisation. We therefore will be proceeding with an Award Scheme to recognise those members of the SAPS who have gone the extra mile to assist members of the community. We are aware of the difficult conditions under which the SAPS work and we appreciate that we should make a contribution towards making their load lighter. It is our understanding that we should all commit ourselves to serving the public in an even-handed manner, and particularly our obligation to root out the corrupt element within the SAPS, so that public confidence in the works of the police may once more be restored. Annexure A TO : Adv. N.
Melville I would like to take this opportunity to remark to you about some of my initial observations of the ICD. I feel compelled to comment on issues that I find unexpected. As you are aware, my experience in civilian oversight of police is based on 16 years as Manager of Information and Research with the Police Complaints Commissioner (Ontario), the oldest and most respected international system. As well I act as Executive Director for the Canadian Association for Civilian Oversight of Law Enforcement and have a long involvement with the International Association for Civilian Overnight of Law Enforcement. I feel I am therefore in a position to compare oversight accomplishments form a number of sources. In undertaking this contract I certainly was aware that the problem you faced with respect to death in custody or as a result of police action. I recognized it was at a level not shared by any existing democracy. What has compelled me to write this memo is the recognition of the successes you have been able to accomplish in a very short period of time. According to documents I have read, the ICD has received 1292 notifications of deaths in custody or as a result of police action. What is startling aside from that excessive number, is that the ICD with a staff complement that has ranged from approximately 60- to less than 170 has been in a position to finalize 928 of the above defined cases. Moreover, the investigation conducted in these cases was so completed that 319 or 34% were referred to Directors of Public Prosecution. In no jurisdiction within the international policing community has there been such a compelling need for civilian oversight nor has any other civilian agency been able to produce such dramatic results. There appear to be issues that are making this work more difficult, and I expect over the next few weeks, we will be able to discuss and perhaps work on ways to reduce some of these problems. Annexure B The status of cases being investigated or monitored by the ICD. 1. Ganyesa case On Thursday, 24 February 2000 Sgt. Neo Christopher Athibeng was sentenced to life imprisonment after being found guilty of the murder of Julias Modise in the Mmabatho High court in a case before Mr Justice Nkabinde. The incident occurred at the Motimalenyora High Tavern in Ganyesa in the North West Province on 3 February 1999, where the two started a quarrel which ended up with Sgt. Athibeng fatally shooting Modise twice with his service pistol. The ICD took charge of the investigation of the case and after finalising the case, handed over the case docket to the office of the Director of Public Prosecutions (DPP) on 16th July, 1999 with the recommendation that the accused be indicted for murder. The DPP accepted the recommendation of the ICD and the case was heard in the Mmabatho High Court from November 1999. The High court proceeded with the prosecution and convicted the accused for the murder and sentenced him to life imprisonment.
2. BBC Case The two policemen implicated in an incident of assault shown of BBC Video material were convicted of common assault and assault with intent to do grievous bodily harm on 28 February 2000, (Monday), at Courtroom no. 3,in the Johannesburg Magistrate’s Court. Inspector Johannes Abrie Rautenbach and Sgt. Daniel Christopher Liebenberg who were stationed at Brixton Flying Squad assaulted two male persons who had hi-jacked a BMW vehicle, at the corner of Rissik and Wolmarans Streets in Johannesburg on 24th January 1999. Members of the flying squad gave chase until the BMW crashed against a tree in Diepkloof, Soweto, Johannesburg. The ICD took over the investigation and after finalising the case, handed over the case docket to the office of the Director of Public Prosecutions (DPP) in September, 1999 with a recommendation that the accused face charges relating to assault with intent to do grievous bodily harm. The DPP accepted the recommendation of the ICD and the case was heard in the Magistrates Court from October 1999, proceeded with the prosecution and convicted the accused for common assault and assault with intent to do grievous bodily harm respectively. Inspector Rautenbach was convicted of two counts of common assault and Sgt. Liebenberg was convicted of assault with intent to do grievous bodily harm. The sentencing of the accused will be heard on 13 April 2000.
3. Garsfontein Case The two Police Officers implicated in an incident of murder of Barend Jacobus Booysen will appear at the Johannesburg High Court, Johannesburg on a date still to be announced. The incident occurred at House no 44 Jacqueline Drive in Garsfontein, Pretoria, mid December 1999, where Sgt. M.P. Oosthuizen and Sgt. J.J. Booysen responded to a house breaking call which resulted in the shooting of the Mr Booysen by the Police Officers. It had been Mr. Booysen who called the police to the scene. The ICD took charge of the investigation of the case on 22nd December, 1998 and after finalising the case, handed over the case docket to the office of the Director of Public Prosecutions (DPP) on 18th June, 1999 with the recommendation that the accused be indicted for murder or culpable homicide. The DPP accepted the recommendation of the ICD and decided to prosecute both officers for murder and the case was first heard on 24th November, 1999, while the second appearance was on 13th December, 1999. The case will continue in Johannesburg High Court on a date still to be announced.
4. Mabaso Case All nine Police Officers implicated in an incident of assault of Thabo Mabaso are appearing in Mitchell’s Plain Magistrate Court from 21 February, 2000 to 03 March 2000. The incident occurred at the Gugulethu Police Station in the Western Cape on 27th June, 1998, where the complainant was assaulted by SAPS members at the Gugulethu charge office while reporting a collision . The alleged assault resulted in the complainant losing sight in his left eye. The ICD took charge of the investigation of the case and after finalising the case, handed over the case docket to the office of the Director of Public Prosecution with a recommendation that Officers involved face charges relating to assault with intent to do grievous bodily harm and deafeating the cause of justice. The DPP accepted the recommendation of the ICD and the case is being heard in the Mitchell’s Plain Magistrate Court from 21st February, 2000.
5. Galeshewe Case On Thursday, 27 January 2000 Const. John Johnson was sentenced to 10 years imprisonment after being found guilty of the murder of Finidawo Dodi Ndlela in the Kimberley High Court in a case before the acting Judge Mr Justice G. Boshielo. The incident occurred at a shebeen in Galeshewe in the Northern Cape Province on 24 June 1999, where Const. Johnson allegedly accused Funidawo Ndlela of being in possession of stolen properties which ended up with the fatal shooting of Mr Ndlela by Const. Johnson with his service pistol. The ICD took charge of the investigation of the case on 24th June, 1999 and after finalising the investigation, handed over the case docket to the office of the Director of Public Prosecutions (DPP) with the recommendation that the accused be indicted for murder. The DPP accepted the recommendation of the ICD and the case was heard in the Kimberley High Court on 24 – 27 January 2000. The High court proceeded with the prosecution and convicted the accused for the murder and sentenced him to ten years imprisonment. 6. The Ranch Case The Independent Complaints Directorate (ICD) wishes to confirm that the owner of the Sandton men’s club,The Ranch, has given the ICD’s Gauteng Office copies of video tapes which allegedly show scenes of police brutality during a raid on the club in February this year. A meeting between an ICD delegation and the Sandton Criminal Investigation Services (Sandton Detective Branch) was held on Thursday 09 in Sandton Police Station. After studying the docket and the video material it was then agreed to conduct a joint investigation by both the ICD and the Sandton Criminal Investigation Services. Investigations into this matter are continuing
7. Ferreira Case The three police officers implicated in an incident of the murder of Dumisani Edmund Zwane will appear at the Cape Town High Court on 14 August 2000. The incident occurred at Victoria Road, Oudekraal, Camps Bay on 11 May 1999 where Inspector Andre Manuel Ferreira, Sergeant Christopher Willie Wesso and Inspector Stephen George Garse Vermeulen gave chase of a cream BMW that had allegedly been used in an armed robbery on a coin security van at Mill Street Post Office in Cape Town which resulted in the shooting of Mr Zwane. The ICD took charge of the investigation of the case on 11 May 1999 and after finalising the case, handed over the case docket to the Director of Public Prosecutions (DPP) on 23 July 1999 with the recommendation that Insp. Ferreira be indicted for murder and the other two officers on the charge of defeating the ends of justice for attempting to cover up the fatal shooting. The DPP accepted the recommendation of the ICD and decided to prosecute the above mentioned police officers on charges of murder alternatively defeating the ends of justice. The case will be heard in the Cape Town High Court on 14 August 2000.
8. Bronkhorstspruit Case The Independent Complaints Directorate wishes to confirm that it is investigating the alleged murder of Johannes Mahlangu involving police officers of the South African Police Service Dog Unit Pretoria The incident occurred on the N4 Highway, towards Bronkhorstspruit on 01 March 1999 where two police officers gave chase of a suspected stolen vehicle at Faerie Glen, Pretoria which resulted in the shooting of Mr.Mahlangu. On the other hand the ICD opened a case of defeating the ends of justice on 12 March 1999 at the Bronkhorstspruit Police Station against a Police Captain who allegedly attempted to cover up the fatal shooting by destroying cartridges on the scene. The case was investigated by the SAPS Bronkhorstspruit and after finalising the case, handed over the docket to the Director of Public Prosecutions for a decision. The ICD is monitoring the case.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
