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25 September 2002 The Minister for Safety and Security Mr. Charles Nqakula has tabled the 2001/2002 Annual Report of the Independent Complaints Directorate (ICD) in Parliament on 25 September 2002, making the report officially a public document. This report is dedicated to the memory of the late Minister Steve Tshwete. The ICD received a total of 5675 cases, of which 3369 were public complaints falling within the mandate of the ICD and 585 were notifications of deaths in police custody or as a result of police action, during the financial year 2001/2002. Compared to the financial year 2000/2001, the number of cases received was 5197, of which 671 were notifications of deaths in police custody or as a result of police action while public complaints falling within our mandate numbered 2932. The 3369 complaints represent an increase of 15% compared to the 2932 for the period 2000/2001. In the case of deaths, a decrease of 12.8% has been recorded compared to the same period in the year 2000/2001. The 531 cases of serious criminal offences committed by SAPS members reflect a 4.2% decrease compared to 554 cases for the period 2000/2001. 2253 incidents of misconduct reflect a 32% increase compared to 1707 for the period 2000/2001. 2306 cases falling outside our mandate reflect an increase of about 1.8% over the same period in 2000/2001.
Deaths in police custody Natural
causes 78 Deaths as a result of police action Shooting
during course of arrest 168 The breakdown of notifications of deaths in police custody during 2001/2002 is as follows: Deaths in police custody Natural
causes 75 Suicides accounted for 36% of deaths in custody. Of the 76 cases reported, 28% occurred in Gauteng and 22% occurred in the Western Cape. The least number of suicides took place in the North West Province, where only 1.3% suicides were recorded. About 35% of deaths in police custody can be ascribed to natural causes. Of the 75 cases, 24 occurred in the Eastern Cape, and 3 occurred in the Free State. In 13% of cases, deaths were caused by injuries sustained prior to custody due to members of communities taking the law into their own hands. In 12% of the cases, suspects died as a result of injuries sustained in custody, in many instances inflicted by fellow inmates.
Shooting
during course of arrest 160 Struck
by police vehicle 18 TOTAL 585 The largest number of notifications of deaths in police custody or as a result of police action was recorded in KwaZulu Natal (135) followed by Gauteng (117) and Eastern Cape (93). The province with the least number of notifications is the North West (32) followed by Free State (27) with the Northern Cape recording the lowest number (15). Shootings accounted for 88% of all deaths as a result of police action. Most of the shootings (90) occurred in KwaZulu-Natal, followed by Gauteng where 82 shootings occurred and the Eastern Cape with 48 shootings. The province where the least number of shootings occurred is the Free State, with only 5 cases. These shootings occurred mostly during the course of arrest (49%), and while the victims were allegedly committing crime (24.6%). There were 4.9% of cases of shootings during the course of investigation and 4.9% cases of shooting while suspects were attempting to escape from police custody. 10.8% cases of intentional shooting by members of the SAPS were recorded. Lastly, about 4.9% cases were of possible negligence by police in the shooting incidents and 0.6% involved negligent handling of a firearm. 37% of deaths at the hands of the police involved officers of the rank of Inspector. The next ranking of officers was that of Sergeant at 36% and Constable at 16%. In 8% of cases, officers of the rank of Captain were involved in the death of detainees. In 20 cases, police in pursuit of absconding suspects shot innocent bystanders. Also, there were 18 cases in which SAPS vehicles knocked down innocent bystanders or were involved in motor vehicle accidents that resulted in death. It must be mentioned that misconduct cases are grossly under-reported by the SAPS, probably because there is no obligation on them to report same. Of the 2253 cases of misconduct, most of these cases relate to poor service rendered by the SAPS. Neglect of duty or performing duties in an improper manner accounts for 1792 and failure to perform duties totals 274. In this category it was found that Gauteng (997), North West (293) and Northern Cape (145) recorded the highest number of complaints of police misconduct while KwaZulu Natal (06) recorded the lowest number. Investigations were finalized in 60% of all cases of death in police custody and as a result of police action. In 36.6% of these cases there was prima facie evidence to recommend prosecution of the members involved. 26.8% of the cases could not be substantiated. Investigations are yet to be finalized in 36.4% of the cases, due to a variety of reasons, including outstanding post mortem reports and other expert forensic reports. Of the 214 death cases that were substantiated, 31% are pending the decision of the Director of Public Prosecutions (DPP), while 28% are on trial. The DPP has declined to prosecute in 17% of the recommendations made by the ICD. 24% of the cases are pending the finalization of Inquests. We report a decline of 12.8% of deaths in police custody or as a result of police action, and at this stage it can truly be said that we appear to be turning the tide with regard to these deaths and that we are moving towards ensuring that this figure decreases to a level which is more acceptable. This is a success story shared by both the ICD and the SAPS, since team effort ensured the success.
Steve
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