SAHRC Report on brutality and deaths in detention in the Western Cape concerns Committee on Police
4 March 2021
The Portfolio Committee on Police has emphasised its concerns on a report detailing brutality and deaths in police custody that are contained in the South African Human Rights Commission (SAHRC) report.
The report emanated from Section 11 (of the SAHRC Act) investigation established on 14 April 2020 by the SAHRC to assist in monitoring the implementation of the Covid-19 national lockdown regulations and its related impact on human rights in South Africa.
The SAHRC briefed the committee yesterday on police brutality and deaths in detention in the Western Cape. The committee also received a briefing from the South African Police Service (SAPS) on the 3rd quarter crime statistics, from 1 October to 31 December 2020.
While the committee acknowledged the importance of the report on holding the SAPS accountable, it highlighted that a broader and national view is necessary to ascertain the extent of challenges at these facilities. Nonetheless, the committee has emphasised its serious concern regarding contravention of human rights in those places of detention.
The committee’s concerns on the report are based on the principle that no one is above or beyond the law and the spirit in which it has been written, and is intended to be implemented. “It is in this context that we have called for accountability for the reported cases that the SAHRC has identified and those that the Independent Police Investigative Directorate has investigated,” said the Chairperson of the committee, Ms Tina Joemat-Pettersson.
Of major concern for the committee is the information that during the period under review, minors were detained in holding cells with adults for hours or overnight without adequate food, water or medical attention. Furthermore, the committee is concerned by reports that minors were interviewed by social workers in the presence of SAPS officials who had assaulted them something which had a potential of retraumatising the minors.
The committee is also appalled that the environment at police stations regarding gender-based violence (GBV) has not improved as the report indicates. For example, the report details an incident that happened on 15 September 2020 where females were strip-searched by male private security officers. “What is even more worrying is information that Rape Victim Emergency Rooms are not set up at every station and that Family Violence and Child Protection Unit members remain poorly trained something which create a barrier to reporting of GBV crimes,” MsJoemat-Petterssonemphasised.
Regarding rape kits, the committee reiterates its calls for the senior management of SAPS to attend to shortages of rape kits and also to find solutions to the backlog at the National Forensic Science Laboratories in processing DNA for GBV crimes that now stand at 172 000.
Despite this, the committee welcomes the assurance that the SAPS is working with the SAHRC to resolve some of the concerns. For its part, the committee has requested the SAHRC to provide periodic reports on the issue to empower itself to do its oversight work effectively. On top of that, it has impressed upon the SAPS to work with the SAHRC and partners to find solutions to the identified challenges as contained in the report.
Meanwhile, the committee has raised a concern with the increase in crime contained in the 3rd quarter crime statistics. Although the committee welcomes announcement of the release of the quarterly statistics for the acceleration of speed in resolving areas of concern, it raised apprehension that there is an increase in murder, sexual offences, attempted murder and assault with the intent to inflict grievous bodily harm.
The continuing increase in crime indicates a limitation in the way in which people enjoy life and also reduces opportunities for economic development. The committee remains of the view that the fight against crime is a societal issue and requires a joint effort to win it.
The committee also instructed the SAPS and the Ministry of Police to make available crime stats to it before they are released to the media. The committee has an oversight responsibility over the Ministry of Police and the SAPS as they should account to Parliament in the first instance.
Issued by Malatswa Molepo, Media Officer,Parliamentary Communication Services, 4 March 2021
