Police that don't report abuse must be charged

Monday, June 4, 2012

Cape Town - Police members that fail to report police abuse or fail to report abuse within 24 hours, should be criminally charged, Francois Beukman, the Executive Director of the Independent Police Investigative Directorate (Ipid) said on Monday.

Briefing the media ahead of the Ipid's appearance in the police's parliamentary Portfolio Committee, Beukman said while there had been increased reporting in some areas, specifically in abuse, since Ipid took over from the Independent Complaints Directorate (ICD) in April, there had also been a significant number of late reporting or non reporting in certain areas.

"We are looking to ensuring that those responsible officials who do not comply with the Ipid legislation and regulations in respect of reporting obligations are in fact charged criminally and brought before the courts," said Beukman.

Police members are obliged to report any police abuse to the Ipid within 24 hours in writing or by telephone immediately.

While much of the cases of abuse that lay with ICD had come from members of the public, the Ipid is seeking to shift the responsibility of reporting to police stations, since the majority of cases of abuses are first lodged with stations themselves.

The Ipid would be meeting with police commanders to brief them on the obligations of reporting cases of abuse, he said, after the directorate had picked several incidents of non-reporting of abuse from the media and from other police members, Beukman said.

He pointed out that the former ICD had been constrained because its legislative framework had no regulations in place.

"One of the issues we said that to strengthen Ipid you need regulations that will also assist in strengthening the role and mandate..." he said.

However, he noted that the standard operating procedures had been strengthened since Ipid came into existence and that this had clarified the role of police and the public when it came to reporting abuses by the police.

Beukman said the majority of the additional R40 million allocated to the Ipid by the National Treasury this year, would assist the directorate to hire more investigators, particularly for KwaZulu-Natal, the Western Cape, the Eastern Cape and Gauteng - the provinces with the highest reported number of abuses.

Turning to the allegations around crime intelligence chief Richard Mdluli, Beukman said the matter fell into the jurisdiction of the Police Inspector-General of Intelligence Faith Radebe who is investigating the matter.

Ipid's acting Head of Investigations Matthews Sesoko said the directorate would not investigate the allegations of murder linked to suspended police intelligence chief Richard Mdluli, as the incident had taken place before Ipid's time when the Hawks had conducted the investigation into the matter.

Beukman also listed several cases, some involving alleged use of torture by police that the Ipid was currently involved with.

One of these included the allegations of assault reported by Thembisile Mdunusana, a tavern owner in Wallacedene, Cape Town, who has since been shot and killed.

Beukman said statements had been taken from witnesses and the CCTV footage which had captured the incident, had also been obtained. A provincial task team was investigating the incident and following the conclusion of the investigation, the docket will be referred to the Director of Public Prosecutions for a decision.

In Klerksdorp, five members of the Klerksdorp Organised Crime Unit - arrested after the former ICD found evidence that the unit had tortured suspects - are due to appear in court in July again.

In Hammarsdale, KwaZulu-Natal, 15 members of the Tactical Response Team are currently on trial for assaulting and killing a man suspected of having stolen a police firearm.

Twelve members of the Belville Organised Crime Unit, who appeared in court last month for the murder of Sidwell Mkwambi and the torture and assault of others, are due in court again on August 24.

In Lingelethu, the Ipid is investigating the alleged assault in April by police of a 13-year-old boy who was accused of stealing money from a relative's purse.

The Ipid is also investigating the alleged involvement of police in the death of Eben Meyer by fellow detainees, in Durbanville. Two civilians have appeared in court over the killing.

Beukman said the Ipid was also keeping an eye on the Ficksburg trial of seven policeman charged with the assault and murder of Andries Tatane.

"This trial shows that the police must account for the manner in which they use force in the exercise of their duties," he said.