Independent Police Investigative Directorate (IPID) IPID SECTION 9(n) REPORT April - September 2013 And April - September 2014 Independent Police Investigative Directorate (IPID) 12 NOVEMBER 2014 BRIEFING TO THE PORTFOLIO COMMITTEE ON POLICE Parliament

INTRODUCTION The purpose of this report is to outline the investigative activities of the Independent Police Investigative Directorate for the first six months of the 2013/14 and 2014/15 financial year respectively. The report details the number and type of cases investigated; the recommendations made as well as the outcome of those recommendations, in accordance with Section 9(n) of the IPID Act. This report seeks to present a factual analysis of cases reported in terms of Section 28 of the IPID Act and the recommendations made to address same.

MANDATE In terms of Section 28(1) of the IPID Act, Act 1 of 2011, the IPID is obligated to investigate the following matters: (a) any deaths in police custody; (b) deaths as a result of police actions; (c) any complaint relating to the discharge of an official firearm by any police officer; (d) rape by a police officer, whether the police officer is on or off duty; (e) rape of any person while that person is in police custody; (f) any complaint of torture or assault against a police officer in the execution of his or her duties; (g) 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 (h) 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. Section 28(2) of the IPID Act 1 of 2011, the IPID may investigate matters relating to systemic corruption involving the police.

INTAKE AND COMPARISON There was an overall decrease of 3% in the intake of cases as compared with the previous reporting period The number of assault cases received remained high, however there was a decrease of 11% compared with the previous reporting period, from 1924 to 1718

CASE INTAKE IN TERMS OF THE IPID MANDATE Table 1: Intake comparisons 2013-2014 2014-2015 Percentage changes Section 28(1)(a)-deaths in police custody 126 127 1% Section 28(1)(b)-deaths as a result of police action 197 186 -6% Section 28(1)(c)-complaint of the discharge of official firearm(s) 185 427 131% Section 28(1)(d)-rape by police officer 53 66 25% Section 28(1)(e)-rape in police custody 5 13 160% Section 28(1)(f)-torture 36 52 44% Section 28(1)(f)-assault 1924 1718 -11% Section 28(1)(g)-corruption 46 45 -2% Section 28(1)(h)-other criminal matter 203 54 -73% Section 28(1)(h)-misconduct 12 20 67% Section 28(2)-systemic corruption 1 100% Non-compliance with Section 29 of IPID Act 23 34 48% Total 2821 2743 -3%

DEATH IN CUSTODY AND COMAPRISON DEATHS IN CUSTODY AND COMPARISON In case of deaths in custody there is an overall increase of 1% Eastern Cape accounted for the most increase of 56% The highest decline occurred in Mpumalanga by 25%

INTAKE AS PER SECTION 28 (1)(a) Table 2: Comparison of deaths in police custody Province 2013/2014 2014/2015 Percentage changes Eastern Cape 16 25 56% Free State 6 5 -17% Gauteng 32 27 -16% KwaZulu-Natal 29 30 3% Limpopo 11 14 27% Mpumalanga 12 9 -25% North West 4 25% Northern Cape 3 2 33% Western Cape 13 10 -23% Total 126 127 1%

Eastern Cape accounted for the most decline with a 24% decline DEATHS AS A RESULT OF POLICE ACTION AND COMPARISON In a case of death as a result of police action there is an overall decline of 6% Eastern Cape accounted for the most decline with a 24% decline North West experienced an increase 29%

INTAKE AS PER SECTION 28(1)(b) Table 3: Comparison of deaths as a result of police action Province 2013/2014 2014/2015 Percentage changes Eastern Cape 33 25 -24% Free State 8 7 -13% Gauteng 54 0% KwaZulu-Natal 48 Limpopo 12 11 -8% Mpumalanga 10 -9% North West 9 29% Northern Cape 5 Western Cape 19 17 -11% Total 197 186 -6%

COMPARISON OF DEATH AS RESULTS OF POLICE ACTION – INCIDENTS AND NUMBER OF DECEASED Table 4: Comparison of deaths as a result of police action - Incidents and the number of deceased Province Incidents of death Number of deceased 2013/2014 2014/2015 Eastern Cape 33 25 19 28 Free State 8 7 14 10 Gauteng 54 63 57 KwaZulu-Natal 48 60 Limpopo 12 11 22 13 Mpumalanga 21 North West 9 47 Northern Cape 5 3 Western Cape 17 18 Total 197 186 260 215

INTAKE AS PER SECTION 28(1)(c) Table 5: Comparison of complaint of the discharge of an official firearm(s) Province 2013/2014 2014/2015 Percentages Eastern Cape 63 62 -2% Free State 8 48 500% Gauteng 11 53 382% KwaZulu-Natal 36 65 81% Limpopo 27 23 -15% Mpumalanga 2 31 1450% North West 9 15 67% Northern Cape 6 -33% Western Cape 20 124 520% Total 185 427 131%

INTAKE AS PER SECTION 28(1)(d) Table 6: Comparison of rape by police officer(s) Province 2013/2014 2014/2015 Percentages Eastern Cape 4 9 125% Free State 7 0% Gauteng KwaZulu-Natal 16 12 -25% Limpopo 2 Mpumalanga 1 300% North West 11 1100% Northern Cape 3 -33% Western Cape 13 -8% Total 53 66 25%

INTAKE AS PER SECTION 28(1)(d) Table 7: Comparison of rape by police officer(s) on duty Province 2013/2014 2014/2015 Percentages Eastern Cape 1 2 100% Free State 3 300% Gauteng 4 -25% KwaZulu-Natal 5 25% Limpopo -200% Mpumalanga 200% North West Northern Cape Western Cape 7 40% Total 16 25 56%

INTAKE AS PER SECTION 28(1)(d) Table 8: Comparison of rape by police officer(s) off duty Province 2013/2014 2014/2015 Percentages Eastern Cape 3 7 133% Free State 4 -43% Gauteng 33% KwaZulu-Natal 12 -42% Limpopo 2 200% Mpumalanga 1 100% North West 9 900% Northern Cape -67% Western Cape 8 5 -38% Total 37 41 11%

INTAKE AS PER SECTION 28(1)(e) Table 9: Comparison of rape in police custody Province 2013/2014 2014/2015 Percentages Eastern Cape 2 200% Free State 0% Gauteng 1 -50% KwaZulu-Natal 4 400% Limpopo Mpumalanga North West Northern Cape -100% Western Cape Total 5 13 160%

INTAKE AS PER SECTION 28(1)(e) Table 10: Comparison of rape in police custody by civilian Province 2013/2014 2014/2015 Percentages Eastern Cape 1 100% Free State Gauteng -100% KwaZulu-Natal Limpopo 0% Mpumalanga North West Northern Cape Western Cape 2 -50% Total 3 4 33%

INTAKE AS PER SECTION 28(1)(e) Table 11: Comparison of rape in police custody by police officer(s) Province 2013/2014 2014/2015 Percentages Eastern Cape 1 100% Free State 0% Gauteng KwaZulu-Natal 3 300% Limpopo 2 200% Mpumalanga North West Northern Cape -100% Western Cape Total 9 350%

INTAKE AS PER SECTION 28(1)(f) Table 12: Torture or assault 2014/15 Province Torture Assault Total Percentages Eastern Cape 7 186 193 11% Free State 246 14% Gauteng 13 245 258 15% KwaZulu-Natal 17 231 248 Limpopo 86 5% Mpumalanga 10 78 88 North West 82 4% Northern Cape 122 7% Western Cape 5 442 447 25% 52 1718 1770 100%

INTAKE AS PER SECTION 28(1)(f) Table 13: Comparison of torture Province 2013/14 2014/15 Percentages Eastern Cape 13 7 -46% Free State 0% Gauteng 10 30% KwaZulu-Natal 11 17 55% Limpopo Mpumalanga 1000% North West 2 -200% Northern Cape Western Cape 5 500% Total 36 52 44%

INTAKE AS PER SECTION 28(1)(f) Table 14: Comparison of assault(s) Province 2013/14 2014/15 Percentages Eastern Cape 217 186 -14% Free State 376 246 -35% Gauteng 254 245 -4% KwaZulu-Natal 141 231 64% Limpopo 105 86 -18% Mpumalanga 89 78 -12% North West 135 82 -39% Northern Cape 94 122 30% Western Cape 513 442 Total 1924 1718 -11%

INTAKE AS PER SECTION 28(1)(f) Table 15: Breakdown of torture and assault(s) 2014/15 Description Incident(s) Percentages Assault - common 1394 79% Assault - crowd management 13 1% Assault - dog attack 4 0% Assault - indecent Assault - sexual 3 Assault - torture 52 3% Assault - with intent to do grievous bodily harm (GBH) 304 17% Total 1770 100%

INTAKE AS PER SECTION 28(1)(g) Table 16: Comparison of corruption Province 2013/14 2014/15 Percentages Eastern Cape 2 4 100% Free State 10 6 -40% Gauteng 7 12 71% KwaZulu-Natal 16 9 -44% Limpopo -400% Mpumalanga 5 North West 0% Northern Cape 1 3 200% Western Cape Total 46 45 -2%

INTAKE AS PER SECTION 28(1)(h) Table 17: Comparison of other criminal matters Province 2013/14 2014/15 Percentages Eastern Cape 18 1 -94% Free State 38 2 -95% Gauteng 75 22 -71% KwaZulu-Natal 4 -50% Limpopo 100% Mpumalanga 25 3 -88% North West 10 0% Northern Cape 7 -30% Western Cape 5 -77% Total 203 54 -73%

INTAKE AS PER SECTION 28(1)(h) Table 18: Comparison of misconducts Province 2013/14 2014/15 Percentages Eastern Cape 1 -100% Free State Gauteng 10 900% KwaZulu-Natal 4 3 -25% Limpopo Mpumalanga 5 400% North West 0% Northern Cape Western Cape 2 -33% Total 12 20 67%

INTAKE AS PER SECTION 28(2) Section 28(2) of the IPID Act prescribes that the Directorate may investigate matters relating to systemic corruption involving the SAPS/MPS. One matter was reported under the period of review in Gauteng Province.

INTAKE AS PER SECTION 33(1) Table 19: Comparison of non-compliance with Section 29 of IPID Act Province 2013/14 2014/15 Percentages Eastern Cape 3 7 133% Free State 1 200% Gauteng 10 4 -60% KwaZulu-Natal 0% Limpopo Mpumalanga 8 25% North West -100% Northern Cape 6 17% Western Cape 2 -200% Total 34

Of the 475 cases 33 have been concluded while 442 are still unresolved DISCIPLINARY RECOMMENDATIONS TO SAPS/MPS Recommendations to SAPS increase from 395 in the previous reporting period to 475 in this period, which amounted to 20% Of the 475 cases 33 have been concluded while 442 are still unresolved Out of 33 concluded matters, members were found guilty in 26 matters

DISCIPLINARY RECOMMENDATIONS Table 20: Comparison of disciplinary recommendations Province 2013/14 2014/15 Percentages Eastern Cape 106 77 -27% Free State 45 50 11% Gauteng 17 74 335% KwaZulu-Natal 27 22 -19% Limpopo 6 183% Mpumalanga 39 28 -28% North West 51 41 -20% Northern Cape 33 -15% Western Cape 71 138 94% Total 395 475 20%

STATUS OF DISCIPLINARY RECOMMENDATIONS Table 21: Status of disciplinary recommendations referred to SAPS-2014/2015   Outcomes of disciplinary matters Unresolved disciplinary matters Province Corrective counselling Not guilty Suspension Guilty Dismissal from service Withdrawn by complainant Voluntary resignation Disciplinary hearing in process No disciplinary steps taken Non Compliance with Sec 30(a)* Grand Total Eastern Cape 1 76 77 Free State 3 2 42 50 Gauteng 4 69 74 KwaZulu-Natal 21 22 Limpopo 15 17 Mpumalanga 10 16 28 North West 38 41 Northern Cape Western Cape 7 5 13 111 138 26 23 416 475

CRIMINAL RECOMMENDATIONS TO NPA Recommendations referred to NPA increased from 485 in the previous corresponding period to 896 in the period under review, which amounted to 85%

CRIMINAL RECOMMENDATIONS Table 22: Comparison of criminal recommendations Province 2013/14 2014/15 Percentages Eastern Cape 30 36 20% Free State 93 195 110% Gauteng 12 21 75% KwaZulu-Natal 26 37 42% Limpopo 54 42 -22% Mpumalanga 31 48% North West 51 86 69% Northern Cape 84 11% Western Cape 114 355 211% Total 485 896 85%

CONVICTIONS AND ACQUITTALS Table 23: Comparison of disciplinary convictions Province 2013/14 2014/15 Percentages Eastern Cape 4 400% Free State 8 15 88% Gauteng 7 100% KwaZulu-Natal 0% Limpopo Mpumalanga 30 3000% North West 17 325% Northern Cape 1 Western Cape -100% Total 13 74 469%

CONVICTIONS AND ACQUITTALS Table 24: Comparison of criminal convictions Province 2013/14 2014/15 Percentages Eastern Cape 5 7 40% Free State 8 14% Gauteng 2 1 -50% KwaZulu-Natal 0% Limpopo 12 -1200% Mpumalanga 6 600% North West -100% Northern Cape -86% Western Cape 3 200% Total 35 26 -26%

CONVICTIONS AND ACQUITTALS Table 25: Comparison of disciplinary acquittals Province 2013/14 2014/15 Percentages Eastern Cape 1 100% Free State 8 10 25% Gauteng 2 200% KwaZulu-Natal 0% Limpopo Mpumalanga 15 1500% North West 4 3 -25% Northern Cape Western Cape -100% Total 13 31 138%

CONVICTIONS AND ACQUITTALS Table 26: Comparison of criminal acquittals Province 2013/14 2014/15 Percentages Eastern Cape 2 1 -50% Free State 3 4 33% Gauteng 0% KwaZulu-Natal Limpopo 7 250% Mpumalanga 5 150% North West Northern Cape 100% Western Cape 10 1000% Total 9 28 211%

Criminal recommendations increased by 85% CONCLUSION Intake decreased by 3% Criminal recommendations increased by 85% Criminal convictions decreased by 26% Disciplinary recommendations increased 20% Disciplinary convictions in 26 matters