DA requests Public Protector investigation into SAPS failure to discharge criminal cops

02 December 2014

I have written to the Public Protector, Adv Thuli Madonsela, requesting an investigation into the National Police Commissioner (NPC), Riah Phiyega's, undue delay and failure to dismiss the 1 448 criminal police officers from the South African Police Service (SAPS).

A reply to a DA parliamentary question reveals that absolutely no progress has been made by the NPC and SAPS management to rid our police service of these SAPS officers, some of which are guilty of the most heinous crimes.

In July this year a reply to a DA parliamentary question confirmed that some members of the SAPS have been convicted of:

Murder (54);

Attempted murder (116);

Rape (37);

Assault (917); and 

Corruption (516)

The DA, on 07 August 2014, formally requested that the fitness boards of inquiry into criminal cops be re-instated immediately after Commissioner Phiyega botched them by establishing them under the incorrect provision of the SAPS Act. The Port Elizabeth Labour Court found that the fitness boards operated without legal force.

Our request was simply ignored by both Minister Nhleko and Commissioner Phiyega and as such the Public Protector must now intervene in terms of Section 4(a)(iii) of the Public Protector Act. This empowers Adv Madonsela to probe any "abuse or unjustifiable exercise of power or unfair, capricious, discourteous or other improper conduct or undue delay by a person performing a public function."

National Police Commissioner Phiyega has made it clear that she is not at all committed to restoring the integrity of our police service. Minister Nhleko's absence and inaction in this regard also instils no faith that this matter will be dealt with speedily.  

The Public Protector must investigate the exact reasons for these delays and table her findings and recommendations before Parliament so that the correct steps can be taken to rid our police service of all criminals within its ranks.

Text of the parliamentary reply:

36/1/4/1/201400297

NATIONAL ASSEMBLY

FOR WRITTEN REPLY

QUESTION NO 2500

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 7 NOVEMBER 2014

(INTERNAL QUESTION PAPER NO 25-2014)

2500. Mr A R McLoughlin (DA) to ask the Minister of Police:

(1)  Will an audit into criminality within the SA Police Services (SAPS), focusing on the 2010-11 to 2014-15 financial years be conducted; if not, why not; if so, when will such audit begin;

(2)  with reference to his reply to question 418 on 22 July 2014 regarding action taken against the 1448 police officers identified in the audit, how many of the 1448 police officers identified in the audit have (a) faced disciplinary action and (b) been dismissed from the SAPS;

(3)  have the identities of those identified by the previous audit into criminality within the SAPS been shared with officials responsible for the vetting of senior staff in the service?

NW3096E

REPLY:

(1) SAPS management has taken a stance to deal with members who have  criminal convictions.  Directives to Provincial and Divisional Commissioners  were issued to ensure that members are appropriately dealt with, which inter  alia include declaration of criminal status by employees and maintenance of  registers indicating the number of employees with pending criminal cases,  criminal offences involved and the number of pertinent disciplinary  proceedings initiated against such employees.

 The said register must be updated as and when there are new employees in  the business unit as a result of enlistment, transfers, promotions or  appointments and if there are changes in their status due to pending  criminal investigation or convictions. It  is obligatory that employees must  disclose their criminal status (criminal convictions) or the fact that criminal  court cases are pending against them, and failure to do so is regarded as  misconduct.

All members in the SAPS were instructed on 2013-10-17 to sign such an undertaking to disclose their criminal status or pending criminal cases against them and commanders to monitor compliance.  This per se is not an audit but a measure put in place to deal with criminal conduct by SAPS employees.

(2)(a) On 2014-06-11 the Port Elizabeth Labour Court made the order that all  Fitness Boards in terms of section 34(1)(l) of the South African Police Act, 66  of 1995 in respect of members who have criminal records as a result of being  convicted of  statutory or common law offence whilst serving as members  prior to 1 September 2013 is unlawful, void and without legal force and effect  and fitness boards convened in respect of such members were unlawfully  convened and have no legal effect.

SAPS has lodged Leave to Appeal against the judgment and as such the issues are still contested. SAPS was granted leave to appeal by the Labour Court on 2014-09-04. The Police and Civil Rights Union (POPCRU) and three other respondents filed a Notice of Opposition on 2014-09-19. SAPS is currently awaiting a court date.

(2)(b) No members have been dismissed so far.

(3) No, the matter is still sub judice.

Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, December 2 2014

Click here to sign up to receive our free daily headline email newsletter