MINISTER MTHETHWA CLARIFIES SAPS APPEAL ON TATANE MATTER

Appeal sought to clarify willingness to cooperate with Human Rights Commission on implementing recommendations on effective crowd controls plans

PRETORIA - 30 March 2013.  The Minister of Police, Nathi Mthethwa wishes to correct some of the recent media reports about the South African Police Service (SAPS) appeal to the South African Human Rights Commission (SAHRC) following the Ficksburg service delivery protest, which resulted in Mr Andries Tatane's death.

There is an appeal document that was lodged internally by the South African Police Service (SAPS) with the SAHRC and the Minister of Police is named as the appellant in this appeal.  This appeal was filed on 14 February 2013 but the decision was taken in December 2012 to lodge this appeal, precisely because issues such as crowd control, policing of public protests are operational functions which are implemented by the department, not the Ministry.

Nonetheless, there has been some misrepresentation in the media reports about this issue, more so as the reporting is wrongly linked to the court's decision on the case this week, where the accused were acquitted.  The focus of the appeal is not with regard to the findings themselves or the merits of the case, as has been widely and incorrectly reported this week. 

The appeal sought to clarify SAPS' willingness to cooperate with SAHRC process however because the matter was before both criminal and civil courts, SAPS needed to respect these pending court processes. What the appeal mainly focuses on are the SAHRC recommendations, particularly in effectively managing public protests. 

SAPS have argued that processes had already been in place to deal with these recommendations, in so far as they related to improvements around crowd control measures, systems and protocols.  To this end, SAPS had further argued that they had not had an opportunity to have sight and respond to the entire complaint.

In the appeal SAPS asked that the report be set aside or it be referred back for further investigation so that they could have an opportunity to make representations or that the investigation be held in abeyance pending the outcome of the criminal case. 

The Minister and SAPS have absolute respect for all Chapter 9 institutions and would continue to cooperate on any matter that is brought before them, however cautions against any misrepresentations of facts by those who make uninformed public commentary, to kindly exercise prudence.

Statement issued by Zweli Mnisi, Spokesperson for the Ministry of Police, March 30 2013

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