Community Safety

Question by: 
Hon Reagen Allen
Answered by: 
Hon Albert Fritz
Question Number: 
6
Question Body: 

How many brutality cases have been lodged with the Independent Police Investigative Directorate since the start of the lockdown in March 2019, (b) where were these cases lodged, (c) how many have been resolved, (d) what were the outcomes and (e) for cases not resolved, why was it not possible to resolve these cases?

Answer Body: 

The Independent Police Investigative Directorate informed me as follows:

6.       (a)  Since the start of the lockdown on the 26 March 2020 until 31 January 2021 a total of 5 226 complaints against SAPS members were received by Independent Police Investigative Directorate (IPID). Of these 4 370 cases related to alleged Police brutality.

For the same period the Western Cape office received a total of 1 065 complaints, of which 971 related to Police brutality. Cases of Police brutality were reported in terms of IPID Act 1 of 2011 as follows:

  • Assault                                                   -          Section 28 (1)(f)                                                                  887
  • Torture                                                    -          Section 28 (1)(f)                                                                  15
  • Rape                                                      -          Section 28 (1)(d)                                                                 09
  • Death as a result of police action     -          Section 28 (1)(b)                                                                 43

 

(b)  All these cases were lodged at various police stations in the Western Cape Province and were referred to IPID in terms of the IPID Act for investigation.

          (c)  In 241 cases, the investigations were resolved.

(d)  NPA decided to prosecute 19 cases and are currently on the court roll, namely 11 assaults, 4 deaths as a result of police action and 4 rape by police officer.

NPA declined to prosecute 19 cases.

2 cases were withdrawn.

30 cases were closed as follows 25 undetected (no suspect was linked to the crime, however, in the event that fresh information is received such cases are reopened and attended to).

5 closures at preliminary investigation stage (These cases relates to instances where police official fired shots and the investigation reveals that there was no injury sustained and that the police actions were found to be in line with the law).

Thus a total of 70 cases were resolved and 171 awaiting NPA outcomes.

(e)  A total of 824 reported cases for the period 26 March 2020 to 31 January 2021 were not yet completed, however, these cases are at various stages of investigation. These cases could not be resolved due to the following:

  1. Level 5-4 Lockdown Covid-19 Restrictions negatively impacted the finalization of investigation;
  2. Further the above restriction limited IPID to have access to complainants, witnesses, courts, SAPS stations and to other stakeholders relevant to finalizing the investigation;
  3. Closure of IPID offices due to positive cases reported;
  4. IPID investigation were not limited only to cases reported during the period, but were investigating all cases in its workload;
  5. Total case workload of the Western Cape as at the end of 31 January 2021 were 7 228 (These are cases that were carried over and some are still under investigation, while others were referred to NPA for decision, others are with SAPS for institution of disciplinary processes. There are also cases that are on the court roll). There are 21 investigators in the Western Cape and the average caseload per investigator is 344.
Date: 
Friday, February 5, 2021
© 2022 WCPP All Rights Reserved
Top