Negligent: An investigation has found that police protection was withdrawn shortly before Charl Kinnear, a senior officer in the police anti-gang unit in the Western Cape, was assassinated.(Photo by Gallo Images/Brenton Geach)
A year after the South African Police Service received a report on the murder of lieutenant colonel Charl Kinnear and possible police failure to protect one of their own, a final report is due to be handed to the national police commissioner on 25 November.
Police Minister Bheki Cele, along with the Directorate for Priority Crime Investigation head Godfrey Lebeya and the national police commissioner, Fannie Masemola, addressed parliament’s police portfolio committee on Wednesday.
The policing officials were to give feedback on an inquiry by the Independent Police Investigative Directorate (Ipid) into possible misconduct by officers before the assassination of Kinnear outside his Bishop Lavis home on 18 September 2020.
At the request of former national commissioner Khehla Sitole, Ipid investigated whether the police were negligent in their response to threats against Kinnear days before he was killed.
An Ipid preliminary report directed disciplinary proceedings against seven police officials, including the former anti-gang unit commander under whom Kinnear operated. The report was handed to the police service at the end of October last year.
Section 30(a) of the Ipid Act stipulates that disciplinary proceedings must be initiated within 30 days of receipt of a recommendation. But no disciplinary steps were taken against the police officers.
Instead, the police appointed a brigadier to investigate the allegations of misconduct in terms of the South African Police Service (SAPS) Act’s discipline regulations.
According to the police’s investigation, no evidence was found “which suggested a prima facie case against implicated members”, the police told the parliamentary committee on Wednesday.
A final Ipid report was handed to the police in May, in which two more police officials were implicated.
But the police have failed to act against officers accused of misconduct despite Ipid’s recommendations.
The police service has started another investigation, led by a team of three, into the allegations and is currently being led by a team of three. Their findings are expected to be finalised on 25 November.
The nine implicated members — some of whom have resigned since October last year — are attached to the anti-gang unit, national counter intelligence, Western Cape crime intelligence, the Western Cape commissioner’s office, and the Directorate for Priority Crime Investigation unit (the Hawks).
Responding on Wednesday to committee members’ concerns of the duplication of an investigation, Ipid’s executive director, Jennifer Ntlatseng, agreed that this would be a duplication of resources.
Ntlatseng said investigating matters that had already been investigated by Ipid was problematic.
“We are not part of the disciplinary processes, we are not invited to the disciplinary processes. This is problematic,” she added.
Ipid told parliament that the police service had also been informed about its finding that a rogue unit, initially identified by Kinnear, did exist in the Western Cape’s crime intelligence unit.
“Five rogue unit members were identified to have brought the image of the service into disrepute,” Ipid told the committee, adding that the police service had rejected the finding.
Questions about why and who gave the order to withdraw police protection for Kinnear before his death resurfaced this week.
On Wednesday, Western Cape police commissioner Lieutenant General Thembisile Patekile told the committee that the protection was withdrawn following “considerations” and the order was given by the then commander of the anti-gang unit, André Lincoln.
Ipid found that Lincoln failed to arrange for the protection of Kinnear and his immediate family from 3 to 18 September 2020.
“He also failed in the exercise of his duties and responsibilities as per paragraph 11 of the SAPS Security Policy 3 of 2019 …The inaction of the commander constituted misconduct as per SAPS regulation and a serious dereliction of his duty as a police officer,” Ipid said.
Responding to why Kinnear’s family was no longer receiving police protection, Patekile said that after multiple assessments, it had been found there was no threat. He said police protection to Kinnear’s family after his murder had been out of “goodwill”.
He said the Kinnear family disputed the assessment, and two independent risk assessments were done, with the same outcome. Another independent risk assessment was completed after the arrests of alleged gang members with links to Kinnear’s murder, and again, the results were the same.
Patekile pointed out that although they do not have any assessment confirming the family is at risk, their protection takes up 12 out of 140 anti-gang unit members.
Ockert Terblanche, a member of the police committee, expressed his concern about the apparent lack of cooperation between the police service and Ipid.
“The police are in crisis, we cannot play hide and seek. We need to get to where something is done,” he said. “If people don’t want to follow the rules, there must be consequences.”
In his response, Masemola said the police service was not undermining Ipid.
On Thursday, the police committee said in a statement that the “tardiness” in implementing the recommendations and in instituting further internal police investigations “undermines the assurance given to the Kinnear family that justice will be done”.
“It is also worrying that despite clear recommendations from Ipid, SAPS decided to appoint a member to investigate allegations of misconduct, which subsequently absolved SAPS members of any wrongdoing.”
Kinnear’s wife, Nicolette, who was at the committee meeting, disagreed with the provincial commissioner.
“It was unilateral and partial,” she told Mail & Guardian after the meeting.
She says her family had between two and four officers guarding them, not 12 as Patekile has stated.
Nicolette pointed out that the crime intelligence unit implicated in the Ipid report is the unit responsible for conducting threat assessments.
The Kinnear family opened a case of culpable homicide against the nine implicated members in August this year.
She claims the police are using Lincoln, who retired from the service last year, as a scapegoat to protect implicated police officials.
She added that Lincoln could not order protection for Kinnear and his family without a recommendation from the crime intelligence unit, because it is responsible to conduct threat assessments.
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