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30 October 2001

The ICD wishes to inform that there is no evidence implicating any police involvement in the escape of seven of the most dangerous urban terror trialists from a holding cell at the Cape Town High Court on Thursday, 04 October 2001.

The ICD commenced its investigation into possible police misconduct/complicity in the escape immediately after the High Court breakout. Although our preliminary investigation revealed no positive evidence of any police involvement or collusion in aiding the prisoners to escape, in our view there was negligence on the part of at least one SAPS member.

Recommendations will be forwarded to the SAPS management that disciplinary action be instituted against the said police officer.

Our investigation has revealed that the escape was not planned beforehand but was facilitated by a lack of effective security measures, police negligence and non-compliance with police Standing Orders. According to police Standing Orders, a police member shall under no circumstances unlock the door of a cell unless:

• s/he is unarmed
• a second member is present
• the second member is armed

The Executive Director of the ICD, Adv Karen McKenzie stated: "In flagrant disregard hereof, one police member who was armed, entered the court cell by himself to provide the suspects with food parcels.

The ICD recommendations to the Minister for Safety and Security, and the National Commissioner of the South African Police Service include the following:

• That the National Commissioner/Provincial Commissioner urgently address the reported lack of iron-legs at the Cape High Court and take whatever necessary steps to ensure that the situation is rectified.
• That serious and urgent consideration be given to the outsourcing of the following functions:

• the transportation of awaiting trial prisoners from police cells and prisons to courts;
• the safeguarding of awaiting trial prisoners at courts.

The outsourcing of these functions have been successful in the UK and has led to a decrease in escapes from custody. It would lead to the freeing-up of police officers who could be deployed more effectively to perform their primary function which is crime reduction and crime prevention".

Issued by Independent Complaints Directorate (ICD)

Steve Mabona
ICD National Spokesperson
082 809 1927