Independent Police Investigative Directorate (IPID) BRIEFING TO THE PORTFOLIO COMMITTEE ON INVESTIGATION OF ALLEGED POLICE ACTIONS DURING 2015 STUDENT PROTESTS ON “FEES MUST FALL” Independent Police Investigative Directorate (IPID) Date : 4 November 2015 Venue : Good Hope Chamber Building, Parliament Time : 11h45- 13h00

1. PURPOSE To brief the Portfolio Committee on Police on IPID’s investigation of cases relating to alleged police actions during the 2015 “Fees must Fall” student protests.

2. BACKGROUND 2.1 It is alleged that the student protest on “Fees Must Fall” started at the University of Witwatersrand in Johannesburg on 14 October 2015. 2.2 The students protested against the planned increase of their study fees by the management of the university . 2.3 The protests were reported to have spread in all provinces that have tertiary institutions. 2.4 As result, the South African Police Services (SAPS) had to manage and control the crowd for public order and safety. 2.5 In terms of section 29 of IPID Act No.1 of 2011, the Station Commander or any member of the South African Police Service (SAPS) or Municipal Police Service (MPS) have an obligation to report to the IPID any matters regarding the types of cases investigated by IPID in terms of Section 28 of the said Act.

2. BACKGROUND 2.6 A total of 17 cases were brought to the attention of IPID for investigation: Eastern Cape (4), North West (8), Free State (1), Gauteng (1) and Western Cape (3).

STATUS OF IPID’S INVESTIGATION OF CASES OF POLICE ACTIONS DURING STUDENT PROTESTS

3. SUMMARY OF CASES REGISTERED WITH IPID AS AT 01 NOVEMBER 2015 Province Number of cases brought to IPID’s attention Classification of cases North West 8 Assault- GBH Eastern Cape 4 Discharge of official firearm (3) Assault- GBH (1) Free State 1 Common Assault Western Cape 3 Discharge of official firearm (2) Common Assault (1) Gauteng Assault Total Number of cases received 17

3. STATUS OF INVESTIGATION (S) IN NORTH WEST PROVINCE University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations North West University (Mmabatho) On 21 October 2015, it is alleged that students barricaded the roads around the university precinct with burning tyres and rubbles. 41 students were arrested on 21 October 2015 for Public Violence and detained at Mmabatho Police cells . They appeared in Mmabatho Magistrate Court and their case was remanded to 2016/01/28 and all released on free bail. Eight (8) of the students released on free bail reported assault GBH cases against the police at the Mmabatho Police Station. They alleged that their injuries were sustained during the shooting of rubber bullets by police. The victims are allegedly between the ages of 19-23 years. IPID is currently pursuing investigation of the 8 cases of assault GBH as per Mmabatho Cas- 249/10/2015, 250/10/2015, 251/10/2015, 253/10/2015, 254/10/2015, 255/10/2015, 277/10/2015 & 286/10/2015 The corresponding CCNs for these cases are 2015100457, 2015100458, 2015100459, 2015100460, 2015100461, 2015100462,201500500,2015100501) The unidentified police officials are suspects in these cases.

4. STATUS OF INVESTIGATION (S) IN EASTERN CAPE PROVINCE (1) University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations Nelson Mandela Metropolitan University (Summerstrand) On 21 October 2015, police were summoned to a NMMU students protests in Summerstrand, Port Elizabeth. After students refused to disperse, one stun grenade was used to disperse them. It is alleged as students were dispersing, stones were thrown by students towards the police and the SAPS used 11 rounds of rubber bullets to disperse them. No arrests were reported. The case was registered as discharge of an official firearm per Summerstrand CAS-353/10/2015 (CCN 2015100489) IPID is currently pursuing investigation of the case of discharge of an official firearm as per Summerstrand CAS-353/10/2015 (CCN 2015100489)

4. STATUS OF INVESTIGATION (S) IN EASTERN CAPE PROVINCE (2) University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations Walter Sisulu University (East London) The complainant was allegedly injured by a stun grenade that was thrown by SAPS on 22 October 2015. The complainant is a student at University of Fort Hare but was part of a protest at Walter Sisulu University in East London. She is alleging while they were dispersing peacefully, a stun grenade was thrown at her. She was injured on her back. The SAPS called the ambulance and the complainant was taken to hospital. No arrest was made. The case was registered as Assault GBH as per East London CAS 520/10/2015 (CCN2015100495) IPID is currently investigating the case of Assault GBH as per East London CAS 520/10/2015 (CCN2015100495) The suspect is known as a Captain in SAPS.

4. STATUS OF INVESTIGATION (S) IN EASTERN CAPE PROVINCE (3) University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations Walter Sisulu University (East London) On 26 October 2015, the office received a report from SAPS on the discharged of firearms. The allegation is that on the 26 October between 17h00 – 21h00, students from UFH and WSU were barricading roads, throwing stones and also looting shops. In order to disperse them, rubber bullets were used. No arrest IPID registered an enquiry on “discharge of an official firearm” as per CCN 2015100511 The matter has been registered as “discharge of an official firearm” as per CCN 2015100511

4. STATUS OF INVESTIGATION (S) IN EASTERN CAPE PROVINCE (4) University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations Fort Hare University (East London) On 26 October 2015, the office received a report from SAPS on the discharged of firearms. The allegation is that on the 26 October between 17h00 – 21h00, students from UFH and WSU were barricading roads, throwing stones and also looting shops. In order to disperse them, rubber bullets were used. No arrest IPID registered an enquiry on “discharge of an official firearm” as per CCN 2015100511 The matter has been registered as “discharge of an official firearm” as per CCN 2015100511 CCN Number for FH won’t be the same as WSU….double check.

4. STATUS OF INVESTIGATION (S) IN EASTERN CAPE PROVINCE (5) University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations Fort Hare University (Alice) On the 22 October 2015, students from UFH barricaded the road with burning tyres. When police tried to open the road, they were allegedly thrown at with stones by the protesting students. The police allegedly used stun grenades, rubber bullets and teargas to disperse the crowd. No arrest The case was reported to IPID by SAPS as “discharge of an official firearm” as per CCN2015100539 IPID is currently investigating the case of “discharge of an official firearm” as per

4. STATUS OF INVESTIGATION (S) IN EASTERN CAPE PROVINCE (6) University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations Fort Hare University (Alice) On 23 October 2015, students from UFH barricaded the road with burning tyres. When police tried to open the road, they were allegedly thrown at with stones by the protesting students. The police allegedly used stun grenades, rubber bullets and teargas to disperse the crowd. No arrest The case was reported to IPID by SAPS as “discharge of an official firearm” as per CCN2015100539 IPID is currently investigating the case of “discharge of an official firearm” as per

5. STATUS OF INVESTIGATION (S) IN FREE STATE PROVINCE University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations University of Free State A female student journalist in the early 20s complained that she was assaulted by the police officials during a student protest in the week of 19-23 October 2015 No arrest. A case of common assault was registered as per Parkroad CAS 1339/10/2015 (CCN2015100445) IPID is currently investigating a case of common assault as per CAS 1339/10/2015 (CCN2015100445). The suspect is unknown SAPS member but can be identified.

5. STATUS OF INVESTIGATION (S) IN WESTERN CAPE PROVINCE (1) University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations University of Cape Town The students were reportedly to have been involved in student protest on 21 October 2015. The SAPS officials had to use crowd management and control mechanisms to control the students during the protest. No arrest. A case of common assault was reported by SAPS to IPID as per Cas 2015100446 IPID is currently pursuing investigation of a case of common assault as per Cas 2015100446

5. STATUS OF INVESTIGATION (S) IN WESTERN CAPE PROVINCE (2) University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations University of Cape Town The UCT students were involved in a student protest on 22 October 2015, wherein, police officials are alleged to have shot stun grenades at students. One of the students was hit by the stun grenade and sustained injuries. The student subsequently opened a case against the police officials. No arrest. A case of “discharge of official firearm” was registered with IPID as per Cas 2015100451. IPID is currently pursuing an investigation of a case of “discharge of official firearm” as per Cas 2015100451.

5. STATUS OF INVESTIGATION (S) IN WESTERN CAPE PROVINCE (3) University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations University of Western Cape The students were reportedly to have been involved in student protest on 27 October 2015. The SAPS officials had to use crowd management and control mechanisms such as teargas and stun grenades for controlling the students during the protest No arrest. A case of “discharge of official firearm” was reported by SAPS to IPID as per Cas 2015100596 IPID is currently pursuing investigation of a case of “discharge of official firearm” as per Cas 2015100451

5. STATUS OF INVESTIGATION (S) IN GAUTENG PROVINCE University Alleged Incident & Date Arrest Reported cases at Police Station Status of IPID’s investigations University of Witwatersrand It is alleged that Mr AM Balam, the complainant, was visiting the university when at the gate about to open the boom gate, he was accosted by the protesters and told not to enter. While still at the gate, one of the protesters tempered with his car keys and wanted to remove the keys from the ignition. He further alleged that he then took out his toy gun and pointed it at the protesters who then retreated but the police approached him and assaulted him. No arrest. The case is registered as “Assault” as per Brixton Cas 310/10/2015 (CCN 2015100363) IPID is currently pursuing investigation of a case of “Assault” as per Cas 2015100451

4. CONCLUSION 4.1 The IPID will thoroughly investigate all reported cases and send recommendations to SAPS/DPP. 4.2 SAPS approach to crowd management and control is commendable.