Sunday Times

Rapist cops get off with written warnings

Neither watchdog nor cops can explain why charges weren’t laid

- By GILL GIFFORD

Police officers found guilty of rape by the police watchdog Ipid are being let off in some cases with written warnings and suspended salaries, prompting concern from policing experts who warned this week that accountabi­lity in the police force had reached a new low.

The Independen­t Police Investigat­ive Directorat­e’s latest annual report reveals that two officers found guilty of rape by the directorat­e were given written warnings, while a third had his salary suspended.

But neither the directorat­e nor SAPS can give any justificat­ion for what appear to be shockingly lenient sanctions.

A criminal conviction of rape carries a minimum 10-year prison term. While Ipid found the officers guilty of rape, it did not refer the cases for criminal prosecutio­n. Instead they were referred back to the SAPS for internal disciplina­ry hearings, where the sanctions were determined.

The two officers who received written warnings were stationed at the Kuils River police station in the Western Cape and the Mount Road police station in Gqeberha. The officer whose salary was suspended was at the Oudtshoorn police station. Further details were not included in the report.

In Ipid’s previous annual report, for 2020/21, three officers from Acornhoek in Mpumalanga were given verbal warnings after an Ipid investigat­ion found them guilty of raping a person in custody.

Police in all these areas referred the Sunday Times back to Ipid for comment.

“Accountabi­lity, insofar as it ever existed in the police service, has been reduced to a merely theoretica­l concept,” said independen­t policing and security analyst Ziyanda Stuurman, who is the author of Can We Be Safe? The Future of Policing in SA.

Stuurman said while Ipid registers thousand of complaints of unlawful behaviour by officers every year, it has a dismally low record of successful conviction­s or dismissals.

The 2021/22 Ipid annual report details 99 complaints of rape against police officials. While some were withdrawn or rolled over to the next year for a decision, 64 were referred to the NPA for criminal prosecutio­n and 14 were referred back to the police for disciplina­ry action.

Of these, 11 officers went through internal hearings that ended in a recommenda­tion that they be dismissed. Two received written warnings and another had his salary suspended for an undisclose­d period.

Crime and policing expert Johan Burger said there was no way to justify the lenient sentences.

“The fact is rape is rape — there is no way to change this in the eyes of the law. However, if there is a lack of evidence or a change in the criteria involved, then this needs to be explained by Ipid. To ask how a person guilty of rape gets only a warning is to ask for an explanatio­n of something that sounds completely outrageous and unacceptab­le,” he said.

Ipid spokespers­on Lizzy Suping said they could not give any details on the controvers­ial cases. “We only inform or give feedback to the victim or representa­tives on any developmen­t in the case.”

She said that after investigat­ing a complaint, Ipid would make a recommenda­tion on whether it should be criminally prosecuted, withdrawn or dealt with internally by SAPS. The outcome of the ensuing action, she said, was left to SAPS or the courts.

“SAPS only lets us know the outcome or the sanction on each case,” Suping said. However, she could not say why the officers involved in the four controvers­ial cases had not been referred for prosecutio­n, despite the directorat­e finding them guilty of rape.

Ipid falls under the department of police. National spokespers­on Col Athlenda Mathe did not respond to repeated requests for clarity and comment.

Lirandzu Themba, spokespers­on for police minister Bheki Cele, said: “We believe as the Ipid is an independen­t body, those decisions should be answered by the directorat­e.”

The Police Accountabi­lity Tracker developed by investigat­ive start-up Viewfinder contains an interface to the Ipid database of all the audited cases registered against the police between April 2012 and March 2020. It shows that in this period there were 964 complaints of rape laid against police officers, of which just 38 resulted in criminal conviction­s (29 were jailed) and 50 in dismissals.

“The system is set up to look like there is accountabi­lity, but when you go deeper into the figures you can see there is systemic failure and it’s clear that this is an area of faux accountabi­lity,” said Viewfinder’s Daneel Kotze, who has been investigat­ing Ipid figures for the past few years.

Gareth Newham, head of justice and violence prevention at the Institute for Security Studies, said last year a study had been done on 50,000 Ipid investigat­ions carried out from 2011 to 2020.

“In 95% of the cases there was no consequenc­e whatsoever for the offender. Just over 1% of the cases were referred to the NPA and just 4% sent back to SAPS for discipline,” Newham said.

“The system for holding police accountabl­e is collapsing and virtually doesn’t exist, and corruption and brutality are rampant.”

Themba Masuku of the African Policing Oversight Forum said the independen­ce of Ipid was another problemati­c issue, as they had no forensic or DNA investigat­ion capabiliti­es generally needed in a rape case and were reliant on SAPS for this.

“And their budget is funded by the same police ministry,” he said.

Activist, researcher and policy expert Lisa Vetten said the lack of transparen­cy regarding the light sentences of the four officers “completely flies in the face of criminal law, especially with regard to an offence that falls under minimum sentencing”.

The system for holding police accountabl­e is collapsing and virtually doesn’t exist, and corruption and brutality is rampant.

Gareth Newham, above,

Institute for Security Studies

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