IPID’s silence on Judge Thulare’s findings is deafening

7 November 2022

More than 12 months after the damning finding by Western Cape High Court Judge, Daniel Thulare, it is deeply worrying that the Independent Police Investigative Directorate (IPID) has not been available to provide an update on their investigations to myself and my office as the Western Cape Minister for Police Oversight and Community Safety. This is despite IPID committing, in mid-January to “continuously” update us on the developments.

Judge Thulare’s findings stems from a bail application of 17 October 2022, in which two suspects were appealing the rejection of their bail application in a lower court. While denying the suspect bail, the Judge said: “The evidence suggests not only a capture of some lower ranking officers in the SAPS. The evidence suggests that the senior management of the SAPS in the province has been penetrated to the extent that the 28 gang has access to the table where the Provincial Commissioner of the SAPS in the Western Cape sits with his senior managers and lead them in the study of crime, develop crime prevention strategies and decide on tactics and approach to the safety and security of inhabitants of the Western cape. This includes penetration of and access to the sanctity of the reports by specialized units like the Anti-Gang Unit and Crime Intelligence, to the Provincial Commissioner.

The evidence further shows that the 28 gang and the Mobsters in particular are breathing heavily on the necks of public prosecutors who guide the investigation of organized crime and institute criminal proceedings against its members. Such prosecutors are under a constant and permanent threat to their lives and that of their close families. The evidence also shows that the Mobsters have now moved gear upwards and are interfering with the decorum of the courts and the independence of judicial officers, and testing the judicial oath of office, especially the word “without fear.”

Provincial Minister of Police Oversight and Community Safety, Reagen Allen said: “Given the harrowing nature of the Judge’s statement, I immediately engaged IPID, who committed to studying the judgement and initiating investigations where they are required. Although I have sought a response from IPID, I have regrettably to this day, not received any feedback. Their silence has and continuous to be deafening, suspicious and highly problematic.

I want to believe that they are not seeking to withhold information about their findings, if any. It is wholly problematic that IPID has chosen to remain quiet, which can only be described as deliberate. Further options are currently being pursued, as we will not leave this matter unattended.”

Premier Alan Winde added: “For far too long gangsters have terrorised communities across the Western Cape. We must do everything we can to end their violent reign of terror. We must tackle this scourge with everything we have.

But I am gravely worried that IPID does not share our sense of urgency and the realisation that to arrest gangsterism from further infiltrating the ranks of the South African Police Service drastic action is desperately needed. We as the Western Cape Government, however, are taking this matter very seriously and have taken steps to help the SAPS eradicate corruption and to help ensure that it offers a dignified, professional service to our residents.”

Minister Reagen Allen continued: “I am at pains to ensure that SAPS officers, who might be implicated are immediately removed from of the service, as they do not deserve to be called officers of the law. Wherever any form of corruption is found, criminal charges should be instituted and those accused should also stand trial. We cannot have our residents, who are already living under difficult circumstances due to gang activities, also being victimised by corrupt individuals, masquerading in blue uniforms.”

“I want to assure the residents of this province that as the Western Cape Government, we will not rest until this matter is dealt with in its entirety. Our aim is to ensure our residents live free of fear, in an improved environment, and in dignity,” concluded Minister Reagen Allen.

Issued by Marcellino Martin, Spokesperson for Minister Reagen Allen, 7 November 2023