We had some very constructive conversations, and were able to gather together our top trio of public representatives in this portfolio - Zak Mbhele MP, Shadow Minister of Police in Parliament; Kate Lorimer MPL, Shadow MEC of Safety & Security in the Gauteng Legislature; and Cllr Michael Sun, Mayoral Committee Member for Public Safety in the City of Joburg.
The theme for the day was Stop Crime: Make SAPS Accountable.
Kate Lorimer, who has a degree in criminology and has made this portfolio her own, gave a very powerful and moving speech which she kindly allowed me to publish below:
Lerato Moloi – Popi
Qwabe - Bongeka Phungula –-Thembisile
Yende – Karabo Mokoena – Nombuyiselo Nombewu - Philile Gumede – Kuthwano
Siphiri – Grace Chauke – Aviwe Dingiswayo
- Refilwe Metsing – Margaret Seshanke and the list goes on and on.
Some women murdered,
some missing. These names represent just
a few of the approximately 63 women killed in 51 days in Gauteng this year. The
others represent the names of a few of the many women who are missing. Some are
found alive and well but too many never come home and leave families who are
devastated by the loss of not knowing what happened to their loved one.
Thembisile Yende’s case
raises a number of questions. Allegedly,
her place of work was searched by the SAPS on the day she was reported missing
and the dog unit on the day after. Her
car was still in the parking lot. Yet her body was not found. Two weeks later, the premises was searched
again and her body was found. Why did
the police not find her body the first time round? The room she was found in
was locked. Why did nobody bother to unlock it and look inside? If she was
moved it would have shown up on the CCTV cameras which had apparently been
repaired subsequent to them being found inoperable. This just shows the problem
with investigation in the SAPS.
Philile Gumede went
missing from Soshanguve on the 22 April this year. Initially when her family
tried to report her missing, the police station did not take her case. Her family received messages from an anonymous
person saying they knew where she was.
Whether they did or not, we don’t know, but there were certainly other
calls from people trying to take advantage of the family. Various section 205
applications were made to get access to different cellphones, these took
upwards of 10 - 14 days to get actioned by the courts. Finally, 8 weeks later, her cellphone was
found in the hands of a boy and his mum who had picked it up on the
street. If a 205 was issued earlier she
may have been found. Philile is still
missing, her parents, brother and sister are distraught.
We need to ask
ourselves if there is more that could be done. Marching raises awareness but it
does not change the way the SAPS deals with these matters and ultimately we
need to change the way we do things if we want to change the current situation.
These types of crime
are part of a cycle of violence that is often not taken seriously. Too often we hear that domestic violence
cases brought to the Police station result in SAPS members in the Client
Service Centre sending the parties home to “sort it out.” Too often we hear that the families of
children who are sexually violated and assaulted come to a financial agreement
with the perpetrator and the child never receives help. Too often we hear that rape victims are made
to wait in Client Service Centre’s or subjected to thoughtless treatment and
comment from SAPS members.
What should government
and the police be doing? The Police
should ensure rapid reporting of missing persons and murdered women and
children to a central point within 6 hours from all police stations in
Gauteng. If station commanders do not
comply they should be disciplined. A centralized team of experienced
investigators and legal experts must be tasked with expediting Section 205
applications relating to each case and tasking investigating officers at
station level with necessary actions to be taken and by when. If, as it is said, the first 72 hours are
critical in these cases, it is no use that section 205s are taking ten days to
two weeks. The SAPS, together with the
Provincial SAPS must urgently engage with the Department of Justice in this
regard and form an effective partnership in the matter.
The frequent secondary
traumatization of sexual assault and domestic violence victims by members of
the SAPS has to stop. Detectives and
SAPS members working in the CSC’s must undergo specialized sensitivity training
and training on the Domestic violence and Children’s Acts. If they are found not to be taking domestic
violence and sexual assault cases seriously, they must be disciplined. Every instance reported should be captured on
an electronic monitoring system that operates across all police stations in
Gauteng. This system should enable
police members to pick up serial offenders and serial victims and will assist
in providing background when women and children go missing or are murdered.
A uniformed member at
each station must be tasked with visiting all households where a case of
domestic violence has been brought to the attention of the SAPS with a view to
increasing proactive and preventive methods of policing.
With a woman killed
every 8 hours in South Africa and 50% of those women killed by an intimate
partner, we need to substantially up our game. We need to stigmatise abusers
and abuse rather than their victims. It is time for the gloves to come off and
for us to fight this battle and ensure that the safety of women and children
becomes a priority for all.
Many of the questions raised concern the inefficacy of the community policing forums which play a vital role in maintaining law and order in each ward. We were able to interrogate the station commanders at Naledi and Maroka police stations on this and other issues.
We were pleasantly surprised by the positive reception we received at these police stations. Zak had been in contact with the Gauteng Commissioner's office earlier in the day to give them some short notice which led to a very good turnout of senior officers, including the divisional head of Soweto West, Brigadier Singh.
Naledi is very proud of its long-held status as one of the country's best performing police stations. An indicator of this is the successful arrest in May of the self-confessed murderers of two women in Tladi and Naledi just days after their bodies were found.
Both station commanders made the somewhat troubling comment that the justice system is failing the police service, owing to the protection of suspected criminals' civil rights which often leads to repeat offenders getting bail and cases being thrown out before full evidence has been collected. Prior to 1996 there was a "remand pending further investigation" regulation in place which assisted police in complicated cases but this is no longer in place.
Too many police and investigating officers lack the training required to compile convincing cases and prosecutors adopt an aggressive attitude to cases where evidence is not cast iron. Prosecutors, who report to the Department of Justice, are measured on the number of successful prosecutions, whereas police officers are measured on the number of cases taken to court. This means there are conflicting incentives in place, leading to defective outcomes - more criminals on the streets. It's rather like schools being measured on the % matric pass rate rather than the number of passes achieved, leading to significant culling of weaker students in grades 9 and 10 and these pupils being left on the scrap heap
Another concerning matter raised is the lack of a work ethic among many service police officers, evidenced by their tendency to use up all their 30 days sick leave and exploitation of the policy allowing officers on shift to be off duty for 12 consecutive days just by taking 4 days leave (shift officers work for four days and have four days off so if they take leave on the four working days it effectively means they are off duty for 12 days).
The day left me much better informed of the challenges the police face in performing their duties. While it is undoubtedly true that corruption and incompetence are manifest in our police service, one cannot also deny that a large number of police officers are dedicated to their work and serving their communities.
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