Latest news with #WillemEls
The Citizen
30-05-2025
- The Citizen
Police officers charged with serious crimes remain on active duty as parliament demands reform
The presence of accused officers undermines the entire police service's integrity and effectiveness. The South African Police Service (Saps) faces mounting pressure to remove officers accused of serious criminal offences from active duty, with Parliament's portfolio committee on police demanding urgent Section 34 inquiries to determine fitness for service. The crisis has exposed deep systemic issues in Saps, where officers charged with rape, attempted murder and drug trafficking continue serving in frontline roles while public trust erodes. Criminology expert Willem Els warns that allowing accused officers to remain in uniform sends a dangerous message to communities. 'When the public sees that these officers are still in uniform after being accused of serious crimes like rape and all the others, it demonstrates to them or it gives them the impression that they are above the law and there's no accountability,' Els said. Specific examples of criminally charged police officers' cases The portfolio committee has identified multiple cases where officers facing grave charges continue their duties unimpeded. These include a police constable out on bail for rape who remains stationed at a local facility and an acting station commander facing charges of attempted murder and torture who retains his post. Other cases highlighted by committee chairperson Ian Cameron include a member who was caught selling police docket and later arrested for drunk driving while suspended, but has since returned to work. Furthermore, a court orderly found with over 900 Mandrax tablets continues deployment at a central Cape Town station, while a detective out on bail for drug dealing has reportedly resumed his duties. 'We cannot accept a situation where the police service turns a blind eye to such serious allegations, especially where the charges suggest direct involvement in violent or organised criminal activity,' Cameron said during recent committee engagements with the ministry of police and senior Saps management. ALSO READ: 1 police vehicle and 30 officers sharing 4 cellphones: Cape Town's crime struggle Constitutional challenges and legal framework The situation presents complex legal challenges rooted in South Africa's constitutional framework. Els acknowledges the fundamental principle that individuals remain innocent until proven guilty, creating inherent difficulties in addressing the crisis. However, Els suggests legislative reforms could address these challenges. 'Our legislation seems that it protects these officers more than it is supposed to, but that is our constitution, that is our law,' he explained, proposing immediate suspension once officers are charged with serious crimes to enhance transparency and public trust. During the committee meeting, national police commissioner General Fannie Masemola revealed a loophole that occurs allowing investigated officers to return to duty. 'Quite often, it happens that a departmental case lasts longer than 90 days. As you are aware that in terms of regulations suspension can only take 90 days and then it does happen that if the departmental case is not finalized, such a member comes back to work but normally we don't place that member at the same place where he was working,' he said. ALSO READ: Captain accused of raping trainee at Tshwane Police Academy suspended without pay Ipid response and jurisdictional boundaries The Independent Police Investigative Directorate clarified its role in addressing officers working while facing serious charges, emphasising that employment decisions rest with Saps as the employer. Ipid's mandate focuses on investigation and recommendation rather than direct disciplinary action. 'We are only investigating and once investigated, if it's a criminal offence, we refer the docket to the NPA for a decision. If there's a case to answer from an employer's perspective, we make recommendations to say can you please act against your member,' Ipid spokesperson Lizzy Shupin said. Shupin acknowledged the complexity of cases where court processes take extended periods of time, noting that criminal court outcomes can override internal Saps decisions. 'Sometimes we find that the state court might say they did not find their member guilty if it's a criminal offence. And you find that court processes take long and then the court finds the person guilty and sentences them to whatever number of years, then that would automatically overrule the Saps decision,' she said. ALSO READ: Mchunu to release SA's fourth quarterly crime stats Impact on police effectiveness and public safety The presence of accused officers undermines the entire police service's integrity and effectiveness. Els warned that such situations create 'a culture of impunity within the service, discourages whistleblowing and cooperation from the public and reporting of cases if they can't trust the police.' Echoing Els' sentiments, the committee emphasised that effective crime fighting requires removing officers accused of serious crimes to ensure only committed personnel remain in service. This becomes particularly critical given Saps' mandate to restore credibility and reestablish community collaboration. Proposed solutions and reforms Els recommends several immediate measures, including fast-tracking disciplinary hearings that currently experience lengthy delays. 'Maybe they should look at bringing external presiding officers from the judiciary to oversee these cases and to hear these cases in order to fast track them,' he suggested. The criminologist said risk assessments for officers on bail should bar them from public-facing duties, while standardised procedures could ensure automatic suspension for any officer charged with serious misconduct. 'If a police officer is charged with any serious misconduct, they should be automatically suspended. That will bring about a uniform sort of procedures,' Els explained. ALSO READ: Two Cape Town police officers arrested for kidnapping foreign national Oversight and accountability mechanisms Ipid requires significant strengthening to address these challenges effectively. Els notes that Ipid has been 'stripped of a lot of their resources, underfunded, undermanned' and needs rebuilding to fulfill its oversight role properly. He added that parliamentary oversight committees could play more robust roles in holding police accountable, while international best practices from countries like the UK and Canada demonstrate the effectiveness of independent oversight bodies and mandatory reporting requirements for officer misconduct. Systemic issues and cultural reform The crisis reflects deeper problems within Saps' culture and recruitment processes. Els identifies poor vetting, substandard training, political interference, cronyism and nepotism as underlying problems. 'Political interference, cronyism and nepotism within the police is still very, very high. That is why the police service in South Africa is regarded as the most corrupt state body in South Africa,' he said. Els added that training standards have deteriorated significantly over the past two decades, requiring benchmarking against international standards. ALSO READ: Alleged rape at police academy: Popcru calls for transparency and justice Station-level accountability The committee has resolved to extend oversight to individual police stations, with plans for a special meeting with the Fleurhof station commander following allegations of an inadequate response in the case of missing 11-year-old Jayden-Lee Meek. 'Crime happens at police station level and while leadership of the SAPS at the national and provincial level must be held accountable, so are officers at the station level,' Cameron emphasised, highlighting the need for accountability at all operational levels. Broader criminal justice concerns Beyond officer misconduct, the committee remains concerned about disparities between arrests and convictions, indicating systemic failures throughout the criminal justice system. The lack of effective plans to combat gang-related violence, which significantly contributes to South Africa's high murder rates, requires urgent attention. 'There is no question that gang violence is a major contributor to the high murder rates in the country. An effective response plan must be developed and urgently implemented to combat gang-related violence,' Cameron said. Path forward Els warns that without addressing these fundamental issues, the problems will persist indefinitely. 'If we don't tackle that, we will be sitting here 10 years from now and we will asking and talking about the same challenges,' he said. The committee continues advocating for enhanced collaboration between SAPS and other government agencies, including the South African Revenue Service, to combat organised crime effectively. Additionally, concerns about lengthy vehicle maintenance periods highlight the need for adequate resources and tools to support police operations. NOW READ: 'It's a joke': KZN detective guilty of plotting commissioner's murder dismisses 10-year sentence
The Citizen
16-05-2025
- Politics
- The Citizen
SA ‘must take lead against terrorism'
Analysts say the terrorism risk forum gives South Africa a chance to restore credibility amid ongoing terror funding cases. Highlighted English word 'terrorism' and its definition at the dictionary. Picture: iStock Hosting a conference on terrorism has afforded South Africa a chance to clear its image. This is the view of criminologists and experts who commended SA for being the first African country to host the International Forum of Terrorism Risk Insurance Pools conference in Cape Town recently. The event was staged by state-owned South African Special Risks Insurance Association and attended by leaders from sovereign-backed terrorism reinsurance pools, senior policymakers, global reinsurers and risk management experts. Clearing SA's name against terrorism allegations Criminologists said the conference afforded the country a chance to clear its name on allegations of terrorism that some of its citizens were accused of. Witness Maluleke, head of the department of criminology and criminal justice at the University of Limpopo, said: 'Our security systems should be strictly safeguarded against potential terrorist threats and this platform will allow South African representatives to learn more about best proactive and reactive strategies of responding to future events.' ALSO READ: Iran haunts MTN and SA Willem Els, an expert from the Institute for Security Studies, said it was good that South Africa was allowed to take a lead role by hosting the event. The country currently has two terrorism cases in court and the country is greylisted because 'we were not living up to our mandate in terms of countering terror funding as well as money laundering', he said. 'We are part of a global system. So, South Africa, as the leader in Africa, has to take the lead in this as well,' said Els. SA has to take the lead in this It was essential to host such a conference as the country had recently experienced a situation in which the US Treasury sanctioning various people due to terror funding allegations, he said. 'It is high time South Africa gets its house in order when it comes to countering terrorism because we are not isolated.' ALSO READ: Isis allegedly behind beheadings, destruction of luxury SA-owned hunting camp in Mozambique Speaking at the same event, former international relations and cooperation minister and current chair of the Nelson Mandela Foundation Naledi Pandor called for a global collaboration to address political instability. There were growing risks associated with political instability and said there was a need for the leaders to work together to mitigate the challenges, she said. Growing risks associated with political instability 'Leaders must take responsibility for fostering a more stable global environment. The world's political landscape has shifted in alarming ways, with growing instability and uncertainty now taking centre stage.' Pandor said the private sector must collaborate with governments and multilateral institutions to mitigate the growing risks.
