Presentation on Police Misconduct Cases by Independent Police Investigative Directorate (IPID) - Strategic Plan 2012/17 Joint Meeting

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IPID, as an oversight body, investigates cases involving the police as mandated by the IPID Act. This presentation covers the legislative mandate, total case intake, COVID-19 related cases, gender-based violence cases, and comparisons of cases received. It also highlights cases related to police actions during COVID-19 operations, discharge of official firearms, and more.

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Strategic Plan 2012/17 and Annual Performance Plan 2012/13 JOINT MEETING OF THE PCP AND SCSJ PRESENTATION ON POLICE MISCONDUCT CASES INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID) DATE: 08 MAY 2020 PRESENTER: MR P SETSHEDI 1

Index 1. IPID legislative mandate 2. Background 3. Total case intake 26 March to 5 May 2020 4. Received cases related to COVID 19 operations 5. Gender Based Violence (GBV) cases received 6. Comparison of cases received from 26 March to 5 May 2019 to the same period in 2020 7. Summary of death as a result of police action related to COVID 19 Operations 8. Complaint of discharge of official firearm related to COVID 19 Operations 9. 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: Continue 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. Background 1. Cases to be presented consists of the following: Complaints /cases reported directly to IPID offices for investigation. Complaints/cases reported to police stations, registered and referred to IPID for investigation. 2. Reporting measures that were put in place during the lockdown period: Communicated the mandate through the media and how IPID services can be accessed. Shared IPID Complaints reporting email address: complaints@ipid.gov.za. Provided 24hrs stand-by mobile numbers for IPID in nine provinces. All IPID offices in nine provinces are open and functioning. IPID Investigators were provided with permit to perform essential service and Personal Protective Equipment (PPE). 5

3. Total Case intake from 26 March to 05 May 2020 The table below reflects a total of 828 cases per province and classification. Death as a result official firearm(s) Non-compliance Discharge of an Death in police Rape by police of police action Other criminal Rape in police with IPID Act - misconduct Corruption corruption - Systemic officer (s) Custody matters/ - custody Assault Torture Total Province Eastern Cape 1 1 21 1 5 75 104 - - - Free State 2 7 5 81 95 - - - Gauteng 7 4 7 38 9 3 3 7 95 61 7 4 160 97 - - - KwaZulu-Natal 12 - - - Limpopo 2 2 9 1 23 1 38 - - - Mpumalanga 3 2 15 4 39 1 64 - - - North West 2 2 1 1 35 41 - - - Northern Cape 1 3 3 1 2 47 133 52 177 - - 1 Western Cape 1 37 1 Total - - 18 32 141 8 1 25 589 13 828 6

4. Received Cases related to COVID-19 operations from 26 March to 05 May 2020 Out of the 828 cases received, 376 cases relates to COVID-19 operations. Death as a result official firearm(s) Non-compliance Discharge of an Death in police Rape by police of police action Other criminal Rape in police with IPID Act - misconduct Corruption corruption - Systemic Custody matters/ - custody - officials - Assault Torture - Total Province - Eastern Cape 6 38 44 - - - - - - - Free State 4 56 60 - - - - - - - Gauteng 4 22 28 5 59 - - - - - - - KwaZulu-Natal 2 2 36 1 41 - - - - - - - Limpopo 4 6 10 - - - - - - - Mpumalanga 10 27 1 38 - - - - - - - - North West Northern Cape 1 15 16 - - - - - - 1 2 23 26 - - - - - - - - Western Cape Total 2 29 51 82 - - - - - - 10 79 280 7 376 7

5. Gender Based Violence (GBV) cases received from 26 March to 05 May 2020 Of the 828 cases received 16 were related to Gender Based Violence (GBV) as reflected below . Death in police Rape by police result of police Rape in police Other criminal Discharge of with IPID Act compliance Death as a misconduct Corruption an official corruption Systemic firearm(s) Custody matters/ custody officials Assault Torture action Total Non- Province Eastern Cape - - - - - - - - - - - - - 1 - - - - - - - - - - - - - 2 - - 3 - - - Free State Gauteng KwaZulu- Natal 3 3 - - - - - - - 1 - 5 - 6 - - - - - - - - - - - - Limpopo - - - - - - - - - - - - Mpumalanga 1 - - - - - - - - - - 1 North West Northern Cape Western Cape Total - - - - - - - - - 1 - 1 2 - - - - - - - - 3 - - - 9 - - 2 16 4 - - - - - 8

6. Comparison of Cases received from 26 March to 05 May 2019 to the same period in 2020: in 2020 The table below shows 628 cases that were registered from 26 March to 5 May 2019 as compared to 828 during the same period in 2020. This is an increase of 200 cases that translates to 32%. 2019 2020 DIFFERENCE Province Eastern Cape 64 104 40 Free State 57 95 38 Gauteng 115 160 45 KwaZulu-Natal 87 97 10 Limpopo 48 38 -10 Mpumalanga 48 64 16 North West 44 41 -3 Northern Cape 34 52 18 Western Cape 131 177 46 Total 628 828 200 9

6. Comparison graph of Cases received from 26 March to 05 May 2019 to the same period in 2020: Continue STATISTICAL DATA OF CASES RECEIVED FROM 26 MARCH TO 5 MAY 2019 COMPARED TO THE SAME PERIOD IN 2020 200 177 180 160 160 140 131 115 120 104 97 95 100 87 80 64 64 57 60 52 48 48 44 41 38 34 40 20 0 Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape 2019/2020 2020/2021 10

7. Summary of death as a result of police action related to COVID 19 operations: continue Province Station Brief summary Status Western Cape Ravensmead It is alleged that on 27 March 2020, the deceased went out to buy alcohol. On return the deceased informed his daughter that he was assaulted by the police. It is reported that later the deceased got sick and died. IPID followed up with the investigation and the post-mortem revealed the cause of death as double heart attack. The case referred back to the SAPS for investigation. CAS 339/03/2020 will be inquest 11

7. Summary of death as a result of police action related to COVID 19 operations Province Gauteng Station Brief summary Status Vosloorus The security officer was arrested charged. It is alleged that on the 29 March 2020, Ekurhuleni Metro Police officers were patrolling in the area of Vosloorus on the COVID19 operation. approached males who were drinking at a local tavern. The group then started to attack the police and were allegedly joined by other members of the community in the attack against the officers. The police used rubber bullets to disperse the group. The deceased fled to his house and locked himself. The police followed him and demanded that he open for them, however the deceased brother pleaded with the police to leave. The argument ensued and the security officer who was accompanying the police fired 4 shorts killing the deceased instantly. and CAS 486/03/2020 The police He appeared in court and was released on R20 000 bail. later The Department was advised to provide additional statements on the Metro Police. 12

7. Summary of death as a result of police action related to COVID 19 operations: continue Province Station Brief summary Status It is alleged that on the 01 April 2020, at about 23:49 the deceased and others were assaulted and arrested by the Police officers for violating the COVID 19 Regulations. Gauteng Lenasia Statements obtained from six (6) witnesses. were CAS: 08/04/2020 The observation made on the deceased` body by the Investigator is that the deceased had suffered serious injuries. They were all detained with injuries and later during cell visit by the Police officer, it found that one detainee has passed on. IPID Post conducted results outstanding. mortem was the still but are 13

7. Summary of death as a result of police action related to COVID 19 operations: continue Province KwaZulu- Natal Station Brief summary Status Isipingo It is alleged that on the 02 April 2020, the police were conducting an COVID 19 operation in the area when they arrested and assaulted the deceased. The investigation is on going, witnesses identified and they are willing to statements. the were CAS 0097/04/2020 submit The police then put him into the police vehicle and left him at the clinic. The deceased was later reported dead. The identified as Ethiopian national. The Durban Metro Police SAPS members from Isipingo police station were identified possible Post mortem conducted and the report is awaited. The arrest will be effected once the report is received deceased and as suspects. was 14

7. Summary of death as a result of police action related to COVID 19 operations: continue Province Station Brief summary Status Northern Cape Groblershoop It is alleged by members of Groblershoop police station that on the 13 April 2020 they went to suspect` house who was wanted for malicious damage to property and violation of COVID 19 regulations cases. IPID commenced with the investigation and Post mortem conducted on the 16 April 2020 revealed cause of death was consistent gunshot complications. CAS 40/04/2020 was which the that The suspect allegedly broke and open the side of his shack and attempted to stab the police officers. One of the police officers then fired a warning shots and a second fired shot wounded the suspect who later died on the scene. with a and The alleged suspect has since been placed on special leave whilst the investigation continuing. is 15

7. Summary of death as a result of police action related to COVID 19 operations: continue Province Station Brief summary Status It is alleged that on 26 April 2020 at about 00:10, police officers were patrolling at Welbekend precinct when they noticed a silver Nissan Xtrail on the R50 towards Pretoria. Members pulled over the vehicle to check compliance with the Regulations. Case docket uplifted. Gauteng Welbekend Post-mortem on 28 April 2020 and report is still awaited. CAS 40/04/2020 Lockdown Exhibits were obtained and ready to be dispatched to the FSL. One occupant pointed a police officer with a firearm and the police officer responded by shooting and killing the occupant. The other two males were arrested for possession of dagga and bullet proof vests and non compliance with the Disaster Management Act (Failure to confine themselves to a place of residence). Investigation is continuing. 16

7. Summary of death as a result of police action related to COVID 19 operations: continue Province Station Brief summary Status Case docket uplifted and the investigation commenced April 2020. Gauteng Naledi It is alleged that on 14 April 2020 at about 19:00 the Deceased a 23-year-old was assaulted by the police who were driving a Golf and a marked Patrol Van. He was allegedly taken to the clinic on the following day and passed away on Sunday 19 April 2020. on 21 CAS 145/04/2020 Post mortem attended and the tracing of potential witnesses. The assault is alleged to have not been reported to the police. The police were only called after he passed on. There are no details of the scene as there are no witnesses to the incident. 17

7. Summary of death as a result of police action related to COVID 19 operations: continue Province Station Brief summary Status It is alleged that on 2 May 2020 at about 21:40 the deceased and his friend were walking home after drinking alcohol. It is alleged that the SAPS and SANDF members confronted the deceased and his friend where they began to assault them. The deceased was later taken to Prince Mseyeni Hospital where he died. Case investigation. under KwaZulu- Natal Folweni CAS 16/04/2020 Post scheduled conducted on the 8 April 2020. Mortem to be 18

7. Summary of death as a result of police action related to COVID 19 operations: continue Province Station Brief summary Status It is alleged that on 21 April 2020 at 12:45 the police who is stationed at Lichtenburg Police Station was officially on duty patrolling Phola Location to enforce compliance with regard to covid19 regulations. The police officer knocked a seven year old child with the state vehicle and the child died instantly. Post-mortem was conducted on the 22 April 2020. North West Lichtenburg CAS 311/04/2020 The Post-mortem is awaited The IPID officials attended the crime scene and unfortunately they could not do anything because the community members were violent throwing cars with stones and even torched two Police vehicles and one Ambulance. The matter was reported to IPID on the 21 April 2020 19

7. Summary of death as a result of police action related to COVID 19 operations: continue Province Station Brief summary Status It is alleged that on 22 April 2020 at about 11H15 the community of Samora Machel were part of a protest on the R300 Highway and stoned trucks to stop in order to loot for food. form 1 pending Western Cape Samora Machel Post-mortem was conducted and the report is awaited CAS 121/04/2020 The deceased was on a lower road below the R300 highway and a group of protesters approached the police with rocks etc. Two SAPS vehicles approached them and it is alleged that SAPS member/s shot live ammunition towards the crowd. Following up on the investigation. Some witness statements were obtained The deceased was hit and ran into a house, collapsed and died. At this stage no members have declared discharging their fire arms. 20

8. Complaint of discharge of official firearm related to COVID 19 operations: Province Station Brief summary Status It alleged that on the 30 March 2020 at around 21:00, the Police officers were questioning the suspect who was found in possession of a knife on the street. Northern Cape Modderevier IPID still conducting an investigation on the matter. CAS 148/03/2020 The suspect went into the house and the Police followed and try to disarm him and during the process he stepped a police officer on the head who later died at the hospital. Other Police officer then shot the suspect on the arm and he was taken to the hospital. 21

9. Conclusion IPID is concerned about the complaints received from the public on the alleged use of excessive force by members of SAPS and MPS. Most of the complaints received from members of the public centred around being assaulted by police and discharge of official firearm. Generally, the complaints are about the excessive use of force and physical abuse. 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. 22