/ 2 October 2013

IPID report: Sharp increase in assault by police cases

The IPID has recorded a 218% increase in police assaults in the 2012/2013 financial year.
The IPID has recorded a 218% increase in police assaults in the 2012/2013 financial year. (Delwyn Verasamy, M&G)

Criminality within the police has shown no signs of abating in the last financial year, a report by the Independent Police Investigative Directorate (IPID) has revealed. 

On the contrary, it appears to be increasing sharply. While a change in legislation could account for some of the increases in reported crimes, it appears as if violence committed by police officers, especially assaults, is on a frightening upward trajectory. 

The IPID, the government body that polices the police, has recorded an increase in police assaults of 218%, while deaths in custody or at the hands of the police have also increased in the last financial year.

In its annual report released this week, the IPID recorded 146 rapes by police officers. In Gauteng alone, there were 24 reported cases of rapes involving on-duty police officers.

Overall, the watchdog investigated 37% more cases than it did in the 2011/2012 financial year. Only 2% of incidents involved municipal policing services; the vast majority of cases occurred within the South African Police Service.

The Eastern Cape, Western Cape, Free State, KwaZulu-Natal and Gauteng all recorded an increase in cases. The Northern Cape, Mpumalanga, Limpopo and the North West recorded a decrease.

Increases
The number of cases occurring in the Eastern Cape increased by 102 % in the last year.

Nationally, 61% of complaints against the police involved alleged assaults by police officers of which most assault were recorded in the Western Cape.

In the 2012/2013 financial year, there were:

  • 275 deaths in police custody
  • 415 deaths as a result of police action
  • 641 complaints of the discharge of an official firearm
  • 141 rapes by a police officer
  • 22 rapes in police custody
  • 50 cases of torture
  • 4 047 cases of assault
  • 116 cases of corruption
  • 127 cases of non-compliance with section 29 of the IPID Act, which compels police to report alleged crimes to the IPID within 48 hours

The Constitutional Court on Tuesday confirmed that a commission of inquiry into policing in Khayelitsha in the Western Cape will go ahead.

In the unanimous judgment, the court also discussed the role of provinces in policing: it is a national competency, but provinces are responsible for monitoring and oversight of their respective police services.

Most deaths in police custody and deaths as a result of police action occurred in Gauteng and KwaZulu-Natal. Officers in the Free State were mostly guilty of not reporting crimes to the IPID within 24 hours, or non-compliance with section 29 of the IPID Act.

Police action
Overall, there were 275 investigations into deaths in police custody and 431 deaths as a result of police action. These figures relate to the actual number of incidents and not the number of deceased persons.

Six provinces experienced an increase in deaths in police custody: the North West, Limpopo, Free State, Western Cape and KwaZulu-Natal, while there was a decrease in all other provinces.

Deaths as a result of police action increased by 12%. All provinces experienced an increase in this category, with the exception of the Free State, in which there was no change compared to the previous year.

The Eastern Cape, KwaZulu-Natal, Limpopo and Gauteng experienced decreases ranging from 10% to 29%.

The IPID said most deaths in police custody happened due to injuries sustained while in custody, sometimes involving assault by other inmates.

In the last financial year, the IPID completed 54% of its investigations – 3 963 out of a total caseload of 7 277 cases. Largely, it said its investigating team was hamstrung by the fact that investigators had to be deployed from all its provincial offices to investigate the Marikana massacre and the Cato Manor police department.

In part, the increase in cases can be attributed to recent changes in legislation, the IPID said.

The IPID replaced the Independent Complaints Directorate in April 2012.

New mandate
​
New IPID regulations now compel the police to report incidents in writing within 24 hours of becoming aware of the alleged crime. Under the Independent Complaints Directorate, incidents were mainly reported to the police.

The IPID's new mandate also places an emphasis on investigating serious and criminal cases against the police. In the past, it was "overburdened" with misconduct and common assault complaints.

Corruption remains a huge challenge for the police, the IPID said, with 120 cases reported in the last financial year. These cases mainly involved bribery, solicitation of bribes, and the sale of dockets and court exhibits.

For example, the IPID investigated a case in KwaZulu-Natal where three police officers solicited a R4 000 bribe from a complainant in exchange for making the case "disappear".

The complainant reported the incident to the IPID and a trap was set. The magistrate opened a case of corruption against the police officer and his attorney, IPID said.