Claims against cops revealed

EC taxpayers have to fork out millions for bad policing

EASTERN Cape police have amassed a R73-million bill for bad police work that taxpayers have to pay – and this may be just the tip of an iceberg to follow.

Questions to the legislature reveal that in the two financial years from 2016 to 2018, 1 150 claims totalling R73-million were awarded against the provincial SAPS for:

● Unlawful arrests;

● Shooting of civilians;

● Assault;

● Defamation; and

● Police officers causing car crashes. The amount the department will pay out will likely balloon from R73-million because it pertains to only the 1150 civil cases that have been settled during the two financial years – and more than 6 500 claims are still pending.

In a further startling revelation, it is now official that a third of Eastern Cape police officers have not completed their firearm competency tests, leaving the public free to question whether they are competent to use their guns.

The statistics of the rough side of policing in the province were revealed by provincial safety and liaison MEC Weziwe Tikana in a recent written report to the Bhisho legislature. She was answering parliamentary questions filed by DA legislature leader Bobby Stevenson.

Tikana revealed that 5 105 of the 15 456 police officers in the province had not completed their firearm competency tests between 2015 and this year.

She said this was mostly due to medical conditions reported by officers, while some had been “declared unfit to possess a firearm under Section 102 and 103 of the Firearms Control Act 60 of 2000”.

In a further breakdown of the figures, Tikana reported that between 2016 and so far this year, the provincial police were successfully sued in more than 780 wrongful arrest and detention cases.

In this period, they also had to pay millions for 44 illegal assault cases, 44 instances of negligent shots fired and 135 vehicle collisions where police were found to have been in the wrong.

In her report dated June 1, Tikana told the legislature that in 2016-17 police had paid claims amounting to R34.2-million. In 2017-18 the total grew to R39-million. She revealed that most of the payouts were for unlawful arrest and detention.

She said by the end of April this year there were still 6 509 pending claims against police in the province.

In the 2016-17 financial year:

● R23.8-million was paid out for 440 unlawful arrest and detention claims;

● R3-million for 43 negligent police action claims;

● R2.5-million for 91 vehicle collisions;

● R1.9-million for shooting 23 people without just cause.

No further information was available on the nature of the shootings, for example whether the bullets were rubber or live ammunition;

● R1.5-million was paid for 23 illegal assault claims;

● R874 173 for 25 cases relating to illegal search and seizure actions;

● R271 644 in 25 cases for loss or damage to people’s property; and

● R175 000 was paid out for seven defamation claims.

In the financial year of 2017-18:

● R18.9-million was paid for 341 wrongful arrests and detention claims;

● R1.5-million was paid out for 21 assault claims;

● R1.7-million for 45 vehicle collision claims,

● R12.4-million for wrongfully shooting 21 civilians;

● R249 264 for four defamation cases;

● R522 177 for 16 cases of loss or damage to private property; and

● R3.3-million for 14 negligent police action claims. Tikana did not specify which police stations were the culprits.

Asked by Stevenson whether her department was taking any measures to curb claims against provincial police, Tikana said police management was provided each month with information that helped them identify the stations racking up the most civil claims and the root causes of those claims.

“The expectation is that station commanders must develop plans at their respective stations to reduce incidents leading to civil claims.

“Successful judgments are discussed at management meetings and information sessions are held with members as part of best practices.

“Unsuccessful judgments are also discussed with a view to avoid future recurrence of such incidents,” she said.

Tikana added: “An instruction has been issued to cluster and station commanders that firearms must be removed from the members’ personnel inventory if they are found not to be competent to carry a firearm.” —