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04 November 2001 SAPS SeshegoThe Independent Complaints Directorate wishes to inform that it is investigating circumstances surrounding the brutal assault of Jacob Malesela Kgowa, by the police. The incident occurred in Seshego in the Northern Province on 28 November 2001 where Mr Kgowa was arrested by a police officer for allegedly assaulting his girlfriend. It is alleged that he was handcuffed to the outside of the police vehicle. The suspect police officer drove off while Mr Kgowa was running beside the vehicle. He collapsed as a result of exhaustion and the said police officer continued to drag him behind the vehicle. Mr Kgowa was taken to the police station where he spent almost four hours before he was taken to the hospital. Our preliminary investigation revealed that the victim suffered severe injuries. The ICD took over the case docket and after investigation thereof will forward it to the DPP for a decision on prosecution. Public Order Policing Unit, Durban Constable Daniel Makhehla Sithole (31), charged with the murder of his girlfriend Fikile Rejoice Msomi (28), in February 1999, was found guilty and convicted in the Durban High Court on Monday, 03 December 2001. The incident occurred in Stanger in the KwaZulu-Natal Province on 18 February 1999 where Constable Sithole killed his girlfriend by shooting her 14 times and she died at the scene of crime. Constable Sithole shot his girlfriend after an argument between them ensued at their rented room. Constable Sithole belonged to the Public Order Policing Unit, Durban. There was a history of domestic violence perpetrated by Constable Sithole prior to this femicide. The ICD took charge of the investigation immediately and after finalisation thereof forwarded the case docket to the DPP with recommendations that the suspect be indicted for murder. The DPP concurred with the ICD’s recommendations and prosecuted Constable Sithole accordingly. Constable Sithole was convicted of murder on 30 November 2001 and sentenced on Monday, 03 December 2001, to 18 years’ imprisonment. Justice Niles Duner mentioned that since there was a history of Domestic Violence, the accused must not be considered for parole until he has served 12 years of his sentence. The deceased was killed with the service firearm of Constable Sithole. The Executive Director of the ICD, Adv Karen McKenzie said: "The message should be clear to all police officers that femicide and domestic violence will not be tolerated, not by our courts and not by ICD. I wish to commend the judge for his judgment in this matter. I am particularly concerned about the increase in femicides and domestic violence cases perpetrated by police officers. The SAPS are the custodians for the implementation of the Domestic Violence Act and other gender-focused legislation-but if they themselves are not protecting and respecting their own partners/spouses, what of the women in the communities they serve." Issued by Independent Complaints Directorate (ICD) Steve Mabona |
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