ICD: Police watchdog body sending the right message
The Democratic Alliance (DA) notes and respects the findings of the Independent Complaints Directorate (ICD) in its investigation into the South African Police Service's behaviour at the Limpopo Provincial Conference of the ANC Youth League last year.
I requested the investigation into an incident at this conference on 8 July 2010, after a video posted on the Times website appeared to show Julius Malema giving instructions to police officers to remove delegates from the conference. The reason I requested this investigation is because police officers are only allowed to respond to orders from their superiors, not from civilians, which is what Julius Malema is. They also, of course, should not partake in political activities, display support for a political body or act on party political interests. I was concerned that this is what had transpired.
The ICD report has come to the conclusion that there is not sufficient evidence to say whether Mr. Malema's instructions to the police were acted upon. Mr. Malema was recorded calling for the police to come inside and remove delegates, but what cannot be ascertained is how officers responded to that. No evidence was proffered, either by the ANC Youth League or by the SAPS, that the SAPS acted upon Malema's orders.
The ICD's verdict on this matter certainly does not justify Mr. Malema's behaviour; while Mr. Malema is entitled to ask for the assistance of police officers, he is not at liberty to bark orders at them. The ICD, however, is mandated only with reviewing the conduct of police officers, and not of Mr Malema, and in respect of the conduct of police officers it has, understandably, come to the conclusion that there simply is not sufficient evidence to establish whether misconduct occurred.
The SAPS have been reminded that, should there be any suspicion whatsoever that they are flouting regulations, I will call again for another investigation. With their limited resources, the ICD do an excellent job investigating instances of alleged misconduct and we have no reason not to trust the veracity of their finding on this matter.
I trust the SAPS are aware that the new Independent Police Investigative Directorate, due to be established within weeks, will have powers and staff that far exceed the ICD's capabilities as they currently stand.
Statement issued by Dianne Kohler Barnard MP, Democratic Alliance Shadow Minister of Police, February 16 2011
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