IPID Annual Report for 2017/18 tabled in Parliament

The Independent Police Investigative Directorate (IPID) tabled its annual report for 2017/18 in Parliament on 28 September 2018. The report highlights the work of the IPID for the 2017/18 reporting period.

The report noted that IPID’s work is dependent on having investigators to do the investigations. Unlike other environments, the IPID needs more personnel to be able to fulfil its mandate. In addition, the IPID closed down four of its satellite offices simply because it could not afford to keep them running with the limited budget.

IPID Executive Director, Robert McBride, says in the report: “Operational and structural independence for the IPID are non-negotiable as pronounced by the Constitutional Court. Therefore, the IPID should never have to rely on the SAPS for funding as this would undermine its independence, which is at the core of the IPID being trusted by the public. One way to undermine the independence of the IPID is to deny it the resources it needs to operate independently from the SAPS.

“The IPID still faces challenges when it comes to accommodation for its national office. The lease for the national office was declared invalid by the North Gauteng High Court, yet no attempt has been made by the Department of Public Works (DPW) to find us alternative accommodation. The building we occupy is a fire hazard and a risk for the safety of IPID staff.”

The IPID had to reprioritise its investigations and focus on low-volume-high-value cases. As a strategic intervention, the IPID scaled-down general investigations and prioritised life-and-limb matters, serious violations of human rights and corruption. These are corruption cases involving senior police officers. McBride lamented the malfeasance uncovered during such investigations: “It is disturbing that the people who are entrusted with public funds are the ones who are alleged

to be “gorging” themselves on them. The investigations undertaken by the IPID have begun to yield fruits in that several people have already appeared in court to answer for corruption. Additional allegations of massive corruption involving several billions of rand have been uncovered against more officers and service providers who are at the highest echelons of the SAPS and as a result, more senior police officers and service providers will be added to the current accused in the Phahlane matter.”

The report explains that the case against Phahlane has been provisionally withdrawn due to some forensic investigations having to be completed and additional accused having to be added to the original three. The forensic reports have now been completed. The IPID believes that the case against both police officers and service providers is quite formidable.

The report indicates that the IPID faced serious challenges to its independence through continuing attempts to interfere with its investigations and scored a number of victories in the courts.

An interim order was made by the North Gauteng High Court, requiring the Mabula Team to obtain specific directives from the National Director of Public Prosecutions (NDPP) for each step they take in pursuit of their malicious investigations against IPID investigators, which are meant to torpedo IPID investigations against high ranking SAPS officers. The North Gauteng High Court has since held that those who are the subject of investigation or have an interest in particular investigations are not allowed to conduct or oversee counter investigations against those who are investigating them. In one of our investigations, the suspects challenged the validity of the search warrant executed at their premises and which resulted in massive evidence of corruption being seized by IPID. They even argued disingenuously that IPID investigators do not have policing powers as defined in the Criminal Procedure Act. The high court found against them. This judgement was also won by the IPID with costs.

Notwithstanding the aforesaid victories the IPID expects further resistance from police officers under investigation by the IPID until the courts have settled the “grey” areas. McBride says, “Another matter that needs to be settled is “Classification”, which is often used by the subjects of our investigations to hide criminality. Documents are often “Classified” to prevent investigators from uncovering wrongdoing. Some of the IPID’s investigations into Crime Intelligence (CI) are being held up due to information not being handed over purportedly because it’s sensitive and disclosure to IPID would “compromise” national security. The IPID’s contention is that the information requested has nothing to do with national security.” The annual report indicates a decrease in the number of cases reported when compared with the previous year 2016/2017. There was an overall decrease of 19% compared to the 2016/2017 intake. The decrease was noted in most categories except in torture cases (25%), death as a result of police action cases (11%) and non-compliance with IPID Act cases (11%). A total of 5 651 cases were reported to the IPID during the reporting period. Of these, 3 661 were assault cases, 677 were cases of complaints of discharge of an official firearm(s), 436 were cases of deaths as a result of police action followed by 217 cases of torture.

During the period under review, 1 428 criminal investigations were referred to the NPA for decision on prosecution and 1 823 disciplinary recommendations were referred to SAPS to initiate disciplinary action.

McBride notes that notwithstanding the meagre resources at its disposal, the IPID has achieved some successes in the form of cases which were finalised in the courts and in disciplinary proceedings. There were two hundred and thirty-four (234) disciplinary convictions emanating from IPID recommendations. A total of three hundred and eleven (311) SAPS members were convicted for different types of misconduct. Although there were thirty-six (36) dismissals, the IPID remains concerned at the inconsistency of the penalties meted out in SAPS disciplinary proceedings.

The report includes ninety-nine (99) criminal convictions in which one hundred and twelve (112) police officers were convicted of various offences. Of these, five (5) life sentences for four murders and one rape conviction were handed down by the courts during the reporting period. In Pretoria, two police officers were sentenced to life and 15 years imprisonment for rape. In Hlanganani, Limpopo, a policeman was also sentenced to life and 15 years imprisonment for murder. Other matters in which life sentences were handed down took place in the Eastern Cape, Western Cape and Gauteng. In the Gauteng matter, a police officer was convicted for the murder of a person who was tortured and dumped in Carletonville around mine dumps.

During the period under review, the IPID concluded a Memorandum of Understanding (MoU) with the Inspector-General for Intelligence. The MoU has played a significant role in enabling the investigation of the plundering of the Secret Service Account (SSA) by criminal elements in the Crime Intelligence Division (CI). Joint IPID/IGI investigations have prevented the loss of millions of rand to the fiscus.

McBride concludes thus: “I have confidence that we have set in motion systems to ensure that the investigations that are yet to be concluded carry-on to their logical conclusion beyond the current term. The commitment of all IPID staff is to be admired and commended.”

Issued by the Independent Police Investigative Directorate

For inquiries, contact:
Mr Moses Dlamini - National Spokesman
082 781 7112