36/1/4/1/201000303

NATIONAL ASSEMBLY

FOR WRITTEN REPLY

QUESTION NO 3490

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 NOVEMBER 2010 (INTERNAL QUESTION PAPER NO 39- 2010)

Date reply submitted: 15 December 2010

3490. Ms D Kohler-Barnard (DA) to ask the Minister of Police:

(1) Whether the SA Police Service (SAPS) officials who were arrested at ports of entry in the 2009-10 financial year were prosecuted via the SAPS internal disciplinary procedures; if not, why not; if so, what are the relevant details;

(2) whether the SAPS officials were prosecuted in the courts of law; if not, why not; if so, what are the relevant details;

(3) whether these officials were dismissed from the service after having been convicted of (a) corruption, (b) assault, (c) fraud, (d) drug possession, (e) theft and/or (f) murder; if not, why not in each case; if so, what are the relevant details in each case?

NW4328E

REPLY:

(1) During the above period (2009-10) ending March 2010, a total of 44 members stationed at Ports of Entry were arrested for various criminal charges.

Internal disciplinary steps were instituted against all the members. The majority of those cases have been finalized with convictions and in some cases, no disciplinary steps could be taken as such members resigned before the case could be finalised.

• In three cases the member left the force before finalisation
• Two cases are yet to be finalised
• In twenty three (24) cases the members were found guilty during disciplinary hearing and internal sanctions imposed.
• In five cases the internal charges were withdrawn and in four cases the internal proceedings have been temporarily withdrawn and could be reinstituted based on the finalisation of the criminal cases.
• In three instances the members were found not guilty during an internal disciplinary enquiry.
• In one instance the member was found guilty during an internal disciplinary procedures and dismissed.
• In two cases no disciplinary charges were brought against the members.

(The main reason for temporary withdrawal is because witnesses are not traceable after hearings are scheduled, as most of them are foreign nationals).

With regard to the criminal proceeding the majority (36 cases) are still pending. In three cases the prosecution has declined to prosecute and one case was withdrawn. In four cases the persons have been convicted and found guilty.

The internal disciplinary processes are not linked to the criminal processes which are the domain of the courts. However, I have requested that follow-up be made with the relevant investigation departments for progress and monitoring until finalization thereof. I have also asked the Civilian Secretariat of Police to monitor the cases and provide me with a full report.

Reply to question 3490 approved by MINISTER

Date: 14 December 2010

Issued by Parliament, December 15 2010

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