IPID PRESENTATION TO WESTERN CAPE PROVINCIAL PARLIAMENT StrategicADHOC

IPID PRESENTATION TO WESTERN CAPE PROVINCIAL PARLIAMENT Strategic(ADHOC Plan 2012/17 and Annual Performance COMMITTEE COVID - Plan 19)2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID) DATE: 06 MAY 2020 PRESENTER: MR TS LEHOLO 1

INDEX 1. IPID LEGISLATIVE MANDATE 3 -4 2. THE WESTERN CAPE IPID HAS BEEN OPERATIONAL DURING THE LOCKDOWN 5 3. TOTAL REPORTED CASES 6 4. COVID -19 OPERATIONS RELATED CASES 7 5. BREAKDOWN OF TOTAL CASES PER STATION 8 - 11 6. SAMPLE OF CASES REPORTED 12 - 13 7. CONCLUSION 2

1. IPID LEGISLATIVE MANDATE 1. IPID as oversight body established in terms of the IPID Act, Act 1 of 2011 continued to perform its legislative mandate to investigate cases involving the police (SAPS and MPS) as per Section 28 of the IPID Act. 2. IPID’s mandate as per Section 28 of the IPID Act obligates IPID to investigate the following cases involving the SAPS and MPS: • • any deaths in police custody; deaths as a result of police actions; any complaint relating to the discharge of an official firearm by any police officer; rape by a police officer, whether the police officer is on or off duty; rape of any person while that person is in police custody; any complaint of torture or assault against a police officer in the execution of his or her duties; corruption matters within the police initiated by the Executive Director on his or her own, or after the receipt of a complaint from a member of the public, or referred to the Directorate by the Minister, an MEC or the Secretary, as the case may be; and any other matter referred to it as a result of a decision by the Executive Director, or if so requested by the Minister, an MEC or the Secretary as the case may be, in the prescribed manner. 3

1. IPID LEGISLATIVE MANDATE: Cont… 3. In addition, Section 29 of the IPID Act obligates SAPS and MPS to notify IPID on the following cases immediately upon becoming aware of such cases: • • • any deaths in police custody; deaths as a result of police actions; any complaint relating to the discharge of an official firearm by any police officer; rape by a police officer, whether the police officer is on or off duty; rape of any person while that person is in police custody; any complaint of torture or assault against a police officer in the execution of his or her duties. 4

2. THE WESTERN CAPE IPID OPERATIONS DURING THE LOCKDOWN The information provided relates to the period from 26 March to 4 May 2020. Execution of Standby duties; • Receiving, registering complaints. • Attending Crime Scenes in respect of Death in Police Custody, Death as a result of Police action and Rape in Police custody. • Telephone and electronic interaction with relevant stakeholders Courts, SAPS, NPA and complainants. • The cases reported during the period are death cases, complaints of discharge of official firearm, rape, assault and non-compliance with the IPID Act. • A total of 163 cases were reported during the period 26 March to 4 May 2020. Out of this figure 83 were related to COVID 19 operations. 5

TOTAL INTAKE 3. TOTAL REPORTED CASES SECTIONS Death in police Custody 1 Death as a result of police action 3 Discharge of an official firearm(s) 39 Rape by police officer (s) 2 Rape in police custody - Assault 117 Torture - Corruption - Other criminal matters/ misconduct - Systemic corruption - Non-compliance with IPID Act 1 Total 163 6

Death in police Custody 0 Death as a result of police action 2 Discharge of an official firearm(s) 30 Rape by police officer (s) 0 Rape in police custody 0 Assault 52 Torture 0 Corruption 0 Other criminal matters/ misconduct 0 Systemic corruption Non-compliance with IPID Act Total MALES FEMALES SECTIONS COVID -19 CASE 4. COVID -19 OPERATIONS RELATED CASES: 26 MARCH TO 4 MAY 2020 2 4 2 15 37 19 41 0 0 83 7

Atlantis 2 0 Barrydale 2 0 Belhar 1 1 Bellville South 1 1 1 Bishop Lavis 3 3 3 Bredasdorp 1 0 Caledon 1 0 Ceres 2 1 1 Citrusdal 3 1 1 Da. Gamaskop 1 0 De Doorns 2 0 Delft 4 4 Dysselsdorp 1 Elsiesriver 1 Fishhoek 1 Gordonsbaai Grabouw Noncompliance with IPID Act 0 Other criminal matters/ misconduct Systemic corruption 1 Assault Athlone Torture 0 Corruption Rape in police custody Rape by police officials Discharge of an official firearm(s) Lockdown 1 AREAS Albertina Death in police Custody TOTALS Death as a result of police action 4. BREAKDOWN OF TOTAL CASES PER POLICE STATION 1 2 3 1 1 1 2 1 1 4 1 1 8

2 Harare Hermanus 2 4 1 1 1 Houtbay 1 1 1 Khayelitsha 3 3 3 Klawer 1 0 Kleinvlei 8 2 2 Kraaifontein 10 7 7 Kuilsrivier Kwanokhuthu la 5 3 3 1 0 Ladismith 1 0 Lamberts Bay 1 0 Landsdown Langa 1 3 1 1 Leeu. Gamka 3 2 2 Lentegeur 1 0 Lutzville Maccassar 5 1 1 0 2 2 2 9 Noncompliance with IPID Act 7 Systemic corruption 8 Other criminal matters/ misconduct Gugulethu Assault 0 Torture 1 Corruption Rape in police custody Rape by police officials Discharge of an official firearm(s) COVID -19 RELATED Grassy. Park AREAS Death in police Custody TOTALS Death as a result of police action 4. BREAKDOWN OF TOTAL CASES PER POLICE STATION cont. .

Milnerton Mitchells Plain Moorreesburg Mowbray Muizenberg Napier Nyanga Oudtshoorn Paarl East Pacaltsdorp Parow Philadelphia 1 1 1 2 1 3 2 1 1 1 2 10 Non-compliance with IPID Act Systemic corruption Other criminal matters/ misconduct Corruption Assault Torture 0 Mfuleni Rape in police custody 1 Mbekweni Rape by police officials Rawsonville Manenberg Discharge of an official firearm(s) 1 2 2 2 0 3 0 0 5 1 1 0 0 1 0 4 Malmesbury Death as a result of police action COVID 19 RELATED Philippi Ravensmead 1 4 2 3 1 1 5 1 2 3 1 1 2 5 AREAS Death in police Custody TOTALS 4. BREAKDOWN OF TOTAL CASES PER STATION cont. .

2 1 Steenberg 1 0 Stellenbosch 2 2 2 Strand 1 1 1 Table. View 3 1 1 Tembalethu 1 1 1 Touwsriver 1 0 Tulbagh 1 0 Uniondale 1 1 Van Rhynsdorp 3 0 Villiersdorp 1 1 Vredenburg 3 1 Wellington 1 1 Worcester 2 2 1 1 1 11 Noncompliance with IPID Act Samora Machel 1 Systemic corruption 1 Other criminal matters/ misconduct Robertson Assault 0 Rape by police officials Rape in police custody Torture 1 Corruption Discharge of an official firearm(s) COVID -19 RELATED Riviersonderend AREAS Death in police Custody TOTALS Death as a result of police action 4. BREAKDOWN OF TOTAL CASES PER STATION cont. .

5. SAMPLE OF CASES REPORTED: STATION 1. 2. BRIEF SUMMARY Ravensmead STATUS It is alleged that on 27 March 2020, the deceased went out to buy alcohol. On CAS 339/03/2020 return the deceased informed his daughter that he was assaulted by the police. It is Death as a result of reported that later the deceased got sick police action and died. Further alleged was assaulted with a harmer by 2 x Police member. The Post Mortem revealed he died of natural causes. The post-mortem was conducted and revealed that the deceased died as result of double heart attack. The case will, therefore, be referred to the SAPS for inquest investigation. Samora Marchel IPID visited the crime scene. On 22 April 2020 police reported that members of Crime Prevention Unit (CPU) CAS 121/04/2020 were patrolling and there was a large crowd in violent protest action along R 300. Death as a result of The crowd approached the members as a police action result the members fired warning shots to disperse the crowd. It was later that the police found that there was someone who died and had a wound on his chest. IPID is pursuing investigation on the alleged assault by members of SAPS for possible disciplinary steps. The exhibits were collected at the crime scene. Post-Mortem was conducted and the report is awaited. Investigation is still on-going. 12

5. SAMPLE OF CASES REPORTED cont. . STATION 3. Kleinvlei CAS 19/04/2020 4. Assault Kleinvlei CAS 389/04/2020 Assault 5. Gugulethu CAS 49/04/2020 Assault BRIEF SUMMARY STATUS It is alleged that on the 28 March 2020 he the The case was uploaded and registered. complainant was walking home from the shop. On his way members of the SAPS started to Case allocated to an investigator for assault him with sjambok. further investigation. It is alleged that on 23 April 2020 at 14 H 10 the The case was uploaded and registered. complainant was walking in the street when police members stopped and assaulted him. The Case allocated to an investigator for police reportedly used an iron object to beating further investigation. him on the legs. The complainant was then arrested. It is alleged Monday 06 April 2020 at 12: 30, the The case was uploaded and registered. complainant was walking on foot to a shop when confronted by SAPS members who Case allocated to an investigator for assaulted him with sjambok and was kicked. The further investigation. complainant alleges further that when he informed the SAPS members that he is an off duty police officer, the SAPS members inflicted more pain on him. 13

6. CHALLENGES • Inundated with complaints that are not within IPID mandate. • Restrictive movement to interact with stakeholders; Courts, Police Stations and complainants. • IPID Investigations limited due to lockdown. 14

7. CONCLUSION • IPID is concerned about the complaints received from the public on the alleged use of excessive force and abuse by members of SAPS and MPS. • Most of the complaints received from members of the public are centred around being assaulted by police officers and the discharge of official firearm. • There is a possibility that other community members might have not been able to report cases due to movement restrictions which might result in IPID receiving more cases after the lockdown period. • IPID is calling on South Africans to reach out to IPID when they have a problem with the conduct of SAPS and MPS members. 15

THANK YOU 16