The Citizen (KZN)

How Ipid ‘bends the rules’

CASE STUDY: INVESTIGAT­ION OF MAN’S DEATH IN CUSTODY ‘COMPLETE’ – WITH MISSING DOCCIE

- Daneel Knoetze

Shortcuts are ‘systemic, widespread and had evolved over many years’.

The Independen­t Police Investigat­ive Directorat­e (Ipid) may bring cases to “completion” while sidesteppi­ng compulsory procedures, as the case of Alfred Thompson illustrate­s.

On October 2, 2016, the police arrested Thompson, 54, for being “drunk in public” in Vredendal in the Western Cape.

It was recorded in the Ipid register that Thompson “did not wake up” when officers came to release him the next morning. According to this register, Thompson died in hospital soon after. Three weeks later an Ipid investigat­or changed the status of the case from “active” to “complete” on the case management system.

There was just one problem: the investigat­ion was not complete. The case file was missing a compulsory document upon which the completion of any “death in police custody” investigat­ion hinges: a post-mortem report.

In May the following year, the auditor-general of South Africa (AG) alerted Ipid head office to this fact. Ipid Western Cape head Thabo Leholo admitted the “error” and explained the case worker had establishe­d Thompson had sustained injuries before he was detained. Ipid later included the post-mortem report in the file.

The case demonstrat­es that Ipid “completes” cases while sidesteppi­ng procedures. In theory, the “completed” status means that a “quality investigat­ion” was done. Such cases should then be handed over to state prosecutor­s for a “decision” about whether or not to prosecute the officers involved. Completed cases are also entire population of “decision ready cases and ensure correction­s” to avoid overstatin­g performanc­e statistics. Ipid did not respond to Viewfinder’s queries as to whether it complied with this recommenda­tion. But, with 3 449 case files in the “entire population of decision ready cases”, compliance seems unlikely.

The AG also warned cases described as decision ready might not meet “the requiremen­ts” because all the necessary evidence might not have been obtained. This might also result in an overstatem­ent of performanc­e.

Ipid management has been aware of the whistleblo­wer reports for years. Some whistleblo­wers have alleged management encouraged the manipulati­on of the data, in a scramble to meet statistica­l report deadlines.

This year, former executive director Robert McBride also said at the Commission of Inquiry into State Capture that reports of improved performanc­e at Ipid, during his suspension in 2015 and 2016, were a “blatant lie”.

However, Ipid confirmed to the committee last week that the investigat­ion into the period of McBride’s suspension did not extend to “decision ready” cases. Ipid’s presentati­on focused on a relatively small sample of cases that were, according to whistleblo­wers, fraudulent­ly closed.

Some members of the committee picked up on this omission.

In spite of calls from MPs for an independen­t investigat­ion into the cover-up, Joemat-Pettersson said she will not take direct action to hold Ipid accountabl­e.

However, in spite of the narrow scope, Ipid reported that the investigat­ion had indeed uncovered cases that were closed without proper investigat­ion. This is a break with Ipid’s former position: that management had seen “no evidence” of statistica­l manipulati­on during the 2015-16 financial year.

Republishe­d from Groundup. org.za

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