New IPID Bill and feedback on ICD investigations in Mpumalanga
Media Briefing
23 July 2010
The Independent Complaints Directorate
(ICD) welcomes this opportunity to engage
with the media about its work in Mpumalanga.
This engagement is long overdue but I promise
that we will have more such briefings in future.
The mandate of the ICD is to ensure that independent
and proper investigations of deaths in police custody
and deaths as a result of police action are carried
out effectively and efficiently. The ICD may also
investigate allegations of criminal offences and
misconduct committed by members of the South African
Police Service (SAPS) and Municipal Police Services
(MPS). Such offences include assault, rape, murder,
attempted murder and so on. What the mandate of the
ICD does not include is matters that involve offences
that occur in correctional facilities such as prisons
or those that involve traffic officers.
Where an allegation of an offence is made, the ICD
will determine whether or not that complaint is within
its mandate. If such a complaint is within the ICD’s
mandate, then it will be assigned to an investigator
for investigation. If evidence is found to substantiate
the allegation, then recommendations for prosecution will
be made to both the Director of Public Prosecutions (DPP)
in respect of the criminal matter and to police management
in respect of the departmental (misconduct) matter. If both
agree with our recommendations, there will be a trial process
as well as a departmental process – the outcomes of both these
processes are outside the control of the ICD.
Let me talk about the Independent Police Investigative Directorate
(IPID) Bill. This Bill has been released for public comment by our
Parliament, which is responsible for developing legislation for our
country. The intention of this new legislation is to ensure the ICD’s
independence from the South African Police Service. The ICD is currently
structured according to Chapter 10 of the South African Police Service
Act (1995), which is outdated in its references to other legislation.
Additional reasons for new legislation include:
-
to grant the Directorate an extended mandate which
focuses on more serious and priority crimes committed
by members of the South African Police Service;
- to improve the management structure of the Directorate;
- to improve reporting and accountability practices in the Directorate; and
- to establish a formal liaison mechanism between the Directorate and the Secretariat of Police.
The Directorate will also focus on specific serious crimes, such as
alleged rape by a police officer (irrespective of whether the police
officer is on or off duty) and the alleged rape of a complainant by
other detainees while the complainant is in police custody.
Matters of systemic corruption referred by the Minister or Secretary of Police,
as well as any incidents of torture referred to by a judge, a legal representative,
or the Minister or Secretary of Police will also become important areas of focus for
the new IPID.
More attention will be given to these cases to shorten the time taken for the preliminary
investigations and to collect evidence that will ensure that such matters proceed to court
or can be dealt with through disciplinary processes.
It is important to note that not all complaints lodged against police officers can be
substantiated. This is due to a number of reasons. In some instances, upon investigation
it is found that police officers have acted within the boundaries of the law. In other
instances there is just no evidence to prove allegations made against police officers.
Those cases that can be substantiated are sent to the DPP for a decision on prosecution.
Let me talk about the challenges of investigating shootings emanating from service delivery
protests. Ammunition from the pump guns used cannot be linked to specific firearms. You will
also be aware that rubber bullets are used during such protests; these also cannot be linked
to specific firearms. The larger number of police officers deployed, usually from outside the
Mpumalanga province, makes it difficult to trace the members involved in the shootings. In a
number of instances, we have found that some members of the public have shot at the police and
the police have retaliated.
Mr Tsimane will now talk a bit about some of the cases we have dealt with in this province.
In Lydenburg Mr Oupa Malebe was told to come to the police station as he was sought for an armed
robbery case. He was severely assaulted and he had to be operated on and his testicles removed.
The ICD investigated the case and arrested the five (5) members involved. We also made recommendations
that the five (5) members be prosecuted, the case is now on trial and will continue on 04 August 2010.
In Hazyview, Siphiwe Mdluli was shot and killed after trying to report an assault by her boyfriend
Constable Gilmore Mandla Ntimane. The ICD arrested the police officer and ensured that he is held
accountable. The DPP has decided to prosecute following an ICD investigation and recommendations that
Constable Sibiya be prosecuted.
I am sure that you know about the case of Mr James Frederick Brown of Kriel. This case involved the
use of excessive force on a person who due to his age posed no threat to the police officers and had
a known mental condition. The ICD reopened the case after obtaining new information. We recommended
that three (3) members be charged departmentally. One member was not found guilty. One member was
dismissed, suspended for six months and fined R500. The other was dismissed, suspended for six months.
In Skukuza the police alleged that Walter Mhlanga who had been arrested housebreaking and theft had died
in the cells. The ICD took over the investigation and the Post Mortem revealed that the deceased had been
assaulted prior to his death. A recommendation was made to the DPP that the members involved be prosecuted.
We are waiting for the decision of the DPP.
In September 2009, Mr Nandos Lamono was arrested by the Blinkpan police for murder and attempted murder.
Upon investigation, the ICD uncovered that the deceased had been assaulted by smashing his head against the
wall and bashing his head against the steel door of the cells. The ICD has recommended that the members be
charged with murder. We are awaiting the decision of the DPP.
The Vosman case is interesting in that the police officer who is a Reservist, alleged that the deceased,
Mlambo Vincent Nhlanhla, pointed a firearm at him and that is when he shot the deceased. Upon investigation
by the ICD, independent witnesses contradicted the version of the police officer. As we speak the case is
on trial, it will proceed on 26 July 2010.
Currently, the ICD in Mpumalanga has twenty-four (24) cases on the court roll. Of these, 19 are for murder,
two (2) for attempted murder, and three (3) for assault GBH. It is important to stress that the ICD is committed
to carrying out its mandate without fear or favour. I think Mr Beukman has something to say.
Finally, the ICD would like to extend an invitation to the media to a community outreach event that will be taking
place at Ga-Mathibela Community Hall, in Oakley, Bushbuckridge on Saturday, 24 July 2010. The ICD has organized a
community outreach event to interact with that community and listen to the complaints they have about policing in
their area. Other stakeholders who will be there are the Department of Justice, Public Protector, SA Human Rights
Commission, the Commission on Gender Equality, Independent Electoral Commission, Bushbuckridge Municipality and the
SAPS. So, you’re all welcome to attend that event.
Issued by:
Independent
Complaints Directorate
For enquiries contact:
Mr Moses Dlamini
National Spokesperson
082 809 1927
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