Community Safety

Question by: 
Hon Reagen Allen
Answered by: 
Hon Albert Fritz
Question Number: 
8
Question Body: 

With reference to email correspondence with reference number 25/7/2/1(202000052) pertaining to a certain person, whose name has been furnished to his Department for this reply, the relevant documents submitted to the Office of the Provincial Police Commissioner and the filed affidavit by a certain person, whose name has been furnished to his Department for this reply, regarding CAS 68/03/2011:

(1) Whether all the information has been verified to be true and correct; if so, what are the relevant details pertaining the outcome of the case;

(2) whether the Elimination Report of the stated CAS number has been filed; if not, why not; if so, what are the relevant details;

(3) whether the original affidavit has been amended to reflect the information pertaining to the Elimination Report; if not, why not; if so, what are the relevant details;

(4) (a) when was the mentioned warrant officer (WO) assigned to the case and (b) was the assignment signed off by the relevant senior officer;

(5) (a) what is the process or policy on SAPS members who submit affidavits pertaining to ongoing cases and (b) whether this process or policy was followed in reference to CAS 68/03/2011?

Answer Body: 

(1)  Yes, the content of the statement provided by Warrant Officer Thomas in the civil matter dated 6 August 2018 was true and correct. This was verified by the content of the docket, Cape Town CAS 68/03/2011.

(2)   No, the elimination report was not filed in the docket since it was done on the request of Mr Chaplin during 2019. The report was requested by Mr Chaplin and not the investigation officer since the docket was already closed during 2012.

(3)   No, Warrant Officer Thomas has not deposed to a subsequent affidavit in the civil proceedings. Warrant Officer Thomas was unaware of the elimination report until receipt of the correspondence from Mr Allen on 28 May 2020 and he is also not a party to the civil proceedings who can file affidavits in person. Mr Chaplin, who is the Respondent in the civil proceedings, is competent to file a supplementary affidavit disclosing the elimination report which he obtained subsequent to the statement deposed by Warrant Officer Thomas.

(4)  Warrant Officer Thomas was never assigned to the case.

(5)  (a) Cape Town CAS 68/03/2011 was already closed as undetected during March 2012 and is not ongoing.

      (b) Requests received to consult with legal representatives in matters like this are dealt with by the Commanders which was complied with in this instance.

Date: 
Friday, June 26, 2020
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