Sunday, July 5, 2015

Crimes of the South African Police Service

Cop to appear for burning niece with iron
07:48 (GMT+2), Fri, 28 February 2014

Duane Petrus
Welkom - A female police officer from Odendaalsrus near Welkom is expected to appear in court again today on charges of assault and corruption.
Maria Lebeko's family laid the charges against her.
The 34-year old is accused of burning her 17-year-old niece with a hot iron during a dispute over money.
It's alleged that Lebeko tried to bribe her niece's father with R10 000 after the incident, in an attempt get him to drop the charges.
Lebeko was arrested along with Pulane Mokodutlo and Lebogang Molebatsi. All are out on bail.
Lebeko is a member of the SAPS’ organised crime unit in Welkom.






Crimes of the South African Police Service




Crimes of the South African Police Service

Former top cop arrested for drunken driving
07:11 (GMT+2), Sun, 01 March 2015

Pretoria - A former deputy chief of the Tshwane metro police was arrested for alleged drunk driving in Pretoria on Saturday, the metro police said.
"He was arrested at the intersection of Madiba and Sophie de Bruyn [streets] after he was involved in an accident," Senior Superintendent Isaac Mahamba said.
The former deputy chief was allegedly found to be under the influence of alcohol when he was tested. The other motorist was sober.
"The former [deputy] chief allegedly threatened officers. They arrested him and booked him at the Pretoria central police station. He is in custody as we speak," he said.
"No one is above the law. Tshwane metro police will make sure that the city is safe."
He said most accidents were caused by human error.
Sapa





Crimes of the South African Police Service




Crimes of the South African Police Service

Crimes of the South African Police Service



Crimes of the South African Police Service

Mom wins damages after cop torture

April 16 2015 at 10:30am
By Zelda Venter

Pretoria - A Limpopo mother “forced” into a prison cell with her crying child and later severely tortured and suffocated with a plastic bag pulled over her face, is due to receive damages from the police.
Dudu Sylvia Mhlanga, 44, suffered at the hands of the police as they wanted to extract information from her regarding residents who were apparently involved in arson.
“I was so scared I urinated in my pants five times,” Mhlanga said in papers before the Pretoria High Court. As she could not longer bear the torture, she signed an affidavit implicating certain people in the crime.
“I knew they were not involved, but I could not handle the torture any longer,” she stated.
Mhlanga, who lives in Limpopo claimed R1.3 million in damages from police. The matter never went to trial regarding the merits of her case, as the police did not respond to the summons against them.
The court delivered judgment by default, ruling the police liable for the damages she could prove she had suffered. The amount will be determined at a later stage.
Mhlanga was arrested on July 21, 2010, as she walked home. A woman stopped her and told her police had raided her house, looking for her. “The police stopped in an unmarked car. I was instructed to get in. I later learnt they were from the serious and violent crimes unit. They were not in uniform.”
Mhlanga said she had no choice but to get into the vehicle, with her child. “On the way to the police station they asked me why I had such a big mouth; what I was trying to achieve and then asked me who had committed arson in Siyabuswa.”
She was taken to the Kwaggafontein police station. Mhlanga said her child cried bitterly as they were forced into a cell. The police then took away the child. The cell was extremely dirty, she said, and crawling with insects. It was bitterly cold and she was not given a blanket.
The next morning, she was taken to an interrogation room where the police said they would “teach her how to talk and which words to use”.
“They said they would make me talk as I was stubborn.”
Two female officers threatened she would never see her children again if she did not speak, she said.
Her hands and feet were cuffed and she was taken to a room where “a big man in a yellow overall was sitting”.
“He had a bag over his head and only his nose and mouth were visible. He said the room was a peace room and would end up a dirty room if I did not do as he said.
“He wanted me to implicate people in arson. When I refused, he placed a heavy bullet proof jacket over my body. He tied my hands at the waist. It was so tight I struggled to breathe and my ribs pained. A plastic bag was pulled over my face, suffocating me…”
Mhlanga said she bit the bag open to breathe. Police then threw fluid into her mouth, which she suspected was acid, as it burnt her. She urinated at this stage and signed the affidavit.
She was thrown back into a cell and dropped near her home the next day. Mhlanga had to receive medical attention.
She is claiming damages for shock and trauma.
Pretoria News






Crimes of the South African Police Service

Police in disabled parking row
March 2 2015 at 02:43pm
By ZAINUL DAWOOD

INDEPENDENT MEDIA

Policewomen were confronted by disgruntled shoppers in Pinetown.

Durban - Police who parked their vehicles in bays designated for disabled and wheelchair-bound motorists came in for criticism at the weekend.
Irate shoppers at two shopping malls photographed police cars and vans parked in these bays and put them up on Facebook, which prompted a huge public outcry.
The parking bays have clear signboards warning motorists they were only meant for the disabled.
At Sandy Centre in Pinetown, two policewomen were engaged in a heated argument with motorists and shoppers on Friday afternoon.
Caylee Short said she was on the second floor of the building when she heard people shouting.
“I peered down and saw the cop van in the disabled parking. A lady, who was not disabled, parked them in to show that it was wrong. Two policewomen came out of the shop and started shouting at her. I heard the one cop say to a man ‘How do you know my brother or sister isn’t disabled?’”
The Facebook posting drew close to 800 “likes” in an hour and more than 100 comments.
Some people heaped praise on the driver who blocked the police in. Others hurled cynical remarks at the policewomen.
Some pondered why they were using a state vehicle to shop. Others said their wheels should have been clamped.
Then, on Sunday, Richard Leask photographed a police minibus parked in a disabled bay at Dirk Spar in Sarnia.
“Cop gets out vehicle and moves the beacon out the way in order for the driver to proceed into a paraplegic parking! Shocking,” he said.
The post also drew criticism from Facebook users.
Police spokesman Colonel Jay Naicker said the SAPS KwaZulu-Natal management condemned irresponsible and inconsiderate conduct by the police officers.
“We embrace the rights of disabled persons and infringement of their rights as alleged cannot be tolerated. We will investigate these serious allegations of misconduct. We wish to unconditionally express our apology to the citizens affected and reiterate that such alleged conduct is in breach of police code of conduct.
“The public is encouraged to bring to the attention of the management any similar unacceptable conduct by the members of the SAPS for corrective and disciplinary measures to be instituted,” Naicker said.
Daily News





Crimes of the South African Police Service

Black Cops Assault White Kids South Africa














Crimes of the South African Police service

 ‘Cops supplied explosives’
I told him even if he had authorisation, how would he justify it if he trained people to plant bombs and someone died in the process,’ Loots said.

A FORMER police intelligence officer yesterday testified that the police had supplied explosives to Boeremag spy JC Smit and gave him instructions to train right-wingers to plant bombs.

Deon Loots, a former captain in the covert section of the police’s Crime Intelligence Unit, testified in an application by the accused for a special entry on the court record of an irregularity.

If granted, it can be used on appeal for the 20 accused’s high treason convictions to be set aside.

Loots testified that he had already left the police in 2000 and was in the process of transferring one of his informers, JC Smit, to Kol Louis Pretorius when Pretorius told Smit people should be trained to manufacture explosives.

According to Loots the Intelligence Unit’s top structure had by then given instructions that a defensive document, known as Document 12, that was being discussed at commando meetings should be altered to make it more offensive and dangerous.

Police informers were instructed to introduce the “improved” Document 12 at meetings.

The changes were made over a period so as not to alert people that something was being “planted”.

According to Loots he had other informers and bugged a lounge suite and JC Smit’s car so that he could check Smit’s information.

Loots said Kol Pretorius had procured “harmless” explosives from a depot in the Klerksdorp area and at one stage brought an expert from the explosives factory to his house to train Smit in handling explosives.

Pretorius also supplied Smit with explosives with instructions to train people in the Bela-Bela area on how to handle them.

Loots said he had warned Smit numerous times not to go ahead with the plan because he did not have indemnity and would make himself guilty of a crime and also had words with Pretorius about the plan.

He had nevertheless helped Smit to transport the explosives to Bela- Bela, where Smit used it to train people and tried to blow up a power line that night.

On their return to Pretoria, Loots again told Smit what he was doing was wrong. “I told him even if he had authorisation, how would he justify it if he trained people to plant bombs and someone died in the process,” he said. The trial continues.

By Ilse de Lange
The Citizen 26/02/13






Crimes of the South African Police Service

Victim’ sues police minister
He alleged he was intimidated into signing a statement that had been drafted by a policeman and was forced to witness another man being beaten.

YOUNG Limpopo man who alleges a policeman had hit him on the ear so hard that his eardrum burst is suing the minister of police for R1.7 million damages.

The claim by 22-year-old Marthinus Vorster of Phalaborwa was postponed indefinitely in the North Gauteng High Court but the minister was ordered to pay the wasted costs.

Vorster alleged in court papers he had been arrested without a warrant in April 2010 and taken to the offices of the Hawks in Polokwane where he was assaulted, sworn at and insulted.

He claimed he was refused legal representation and forced to answer questions under duress.

According to Vorster he was beaten and assaulted during the interrogation and forced to admit guilt on various allegations.

He alleged he was intimidated into signing a statement drafted by a police officer and was forced to witness another man being beaten.

He was allegedly assaulted again before his constitutional rights were finally read to him for the first time about 12 hours later.

Vorster only met his legal representatives the next day at the offices of the Hawks in Polokwane, but claimed his lawyers were forced to leave the room before they could consult.

He was thereafter transported to Hoedspruit where he was locked up with various other inmates, who were allegedly encouraged by the police to assault him.

Vorster claimed he and other accused were thereafter ordered to point out certain locations to the police and make false statements.

He appeared in court for the first time and found out what he was being charged for 50 hours after his arrest.

He claimed his constitutional rights had been infringed by the cruel, inhuman and degrading manner in which he was treated and detained and that he had been forced into implicating himself in various crimes.

A medical doctor said in a report a hole in Vorster’s eardrum was still visible three weeks later and he would probably have to undergo surgery.

The police in court papers simply denied all allegations.

By Ilse de Lange
The Citizen 05/03/13




Crimes of the South African Police Service

THE SA POLICE SERVICE'S HEFTY CIVIL-CLAIMS COSTS
• The figure for possible liabilities has quadrupled in the past six years - from R5.3 billion in 2006 to 20.5bn for the 2011/2012 financial year. This figure is confirmed by the SAPS's annual report.
• The R20.5bn figure constitutes about a third (32.8 percent) of the SAPS's annual budget.
• The bulk of the figure was made up of civil claims against the police, amounting to R14.8bn.
• This was a significant increase on the previous year (201/11), when the ministry had budgeted more than R11bn for possible liabilities arising from civil claims.
• Of the figure above, claims amounting to R746m were finalised.
• Of the 746m, R85m was paid as compensation.

By Babalo Ndenze
The Star 12/03/13 Early Edition



Crimes of the South African Police Service

Officer behind bars after weapons sold
A LIMPOPO police captain has been arrested for allegedly illegally selling guns meant to be destroyed to the public.

Police strongly suspect some of the weapons were sold to criminals by one of their own. The 41-year-old officer, stationed in Polokwane, had been placed in charge of an SAPS storeroom.

“This is where we store all those illegal firearms that we recover during operations and those that people volunteer to hand in. He then illegally sells them to the public, even before he registers them in our books,” said Limpopo police spokesman Brigadier Hangwani Mulaudzi.

He said one of the vintage firearms, yet to be deactivated, had been registered under the name of a close relative of the policeman. The Star understands from a source close to the investigation that the policeman collected the vintage gun as an antique for his wife.

“The wife is also a police captain. She is being investigated and she might soon be arrested,” said the source.
The insider said the vintage firearm previously belonged to Jack Botes, a former mayor of Polokwane.

Mulaudzi said the policeman was arrested on Friday.

“The captain’s activities were exposed after members of the public (enquired about) their firearms which they found were no longer at the police nor registered as (having) been handed in.”

An investigation found that three firearms went missing and were believed to be in criminals’ hands.

“The possibility of more of (these) firearms being sold cannot be ruled out,” he said.

The suspect was expected to appear in the Polokwane Magistrate’s Court today on charges of corruption and fraud, said Mulaudzi.

By Moloko Moloto
The Star 18/03/13 Early Edition



Crimes of the South African Police Service

Road rage shooting: cop held
A KNYSNA policeman has been arrested after allegedly shooting a motorist in an apparent road rage attack with a gun he had earlier stolen.

Southern Cape police spokeswoman Captain Bernadine Steyn said the 42year-old policeman was arrested in Knysna on Saturday night after the shooting.

It has reliably been learnt that the alleged victim’s name is Malamoela Bennett, 31. He is currently in a stable condition at George Hospital.
He apparently reversed his bakkie from the pavement into the road, into the path of a bakkie owned by an off-duty sergeant. The policeman allegedly took out a firearm and shot the victim in the chest.

“A follow-up investigation confirmed that the firearm that was used during the incident was stolen earlier the same evening at Knysna police station,” Steyn said.

The policeman was due to appear on attempted murder and theft charges in the Knysna Magistrate’s Court this morning.

By John Harvey
The Star 19/03/13 Early Edition





Crimes of the South African Police Service

Police minister to pay R60 000 damages to arrested diabetic man

A DIABETIC man with a wooden leg has been awarded R60 000 damages after his unlawful arrest and detention on a trumped-up assault charge.

Judge Sullette Potterill in the North Gauteng High Court ordered the minister of police to pay this amount to Edenville salesman Jan Strauss. He initially sued the police for R500 000 damages after he was arrested while picking up his daughter at a friend’s house in September 2010. He was detained for two days before being released and thereafter had to appear in court three times on charges of assault and crimen injuria before the charges were withdrawn against him.

Strauss strenuously denied ever assaulting anyone. He said in a statement he had seen people milling around in front of his friend’s house when he went to pick up his daughter. When he stopped near the house, police pulled him out of his car and violently threw him in the back of a police van. Soon after his friend Raymond Smit was also locked up in the van. They were driven to Kroonstad for Smit’s blood to be drawn, but the doctor on duty refused as he could see Smit was not drunk.

Strauss told the police he was a diabetic who needed medication, but they laughed at him. He fell into a diabetic coma from time to time due to his high sugar levels. Even after his wife brought his medication to the police station they refused to give it to him, he said. Strauss said he was a prominent member of his church in Edenville and was very aggrieved at the way he was treated in front of the public and his children

By Ilse de Lange
The Citizen 27/03/13





Crimes of the South African Police Service

‘Officer lucky to get away with fine’
A PRETORIA High Court judge slammed the police for brutality and voiced his dissatisfaction at the “complete disrespect” displayed to a family when he turned down an appeal by a police constable against her conviction for assault.

This was after 30 cops – 29 women and one man – raided the home of a Limpopo spaza shop owner who they suspected had been selling alcohol illegally. They could only find one crate of beer in the house, which the owner said was for his own consumption.

The police did not only force the man to pay a R300 fine on the spot, but one of the group, Constable Raesibe Bushy Montjane, assaulted the homeowner’s daughter. She was sprayed in the face with pepper spray, slapped and kicked. This was all because she was “disrespectful” towards the police officers.

Theresho Mashabela was so badly injured that she had to receive treatment at a local hospital.

Judge Pieter van der Byl said he was satisfied that what the evidence showed was nothing else but police brutality and total disrespect for the family’s privacy.

“The accused can regard herself lucky that she was not convicted on a charge of assault with the intent to do grievous bodily harm,” said Judge Van der Byl.
He added that the cop was also lucky that she didn’t receive a heftier sentence than a R500 fine.

“It boggles the mind why such an extraordinarily large contingent consisting of 30 police officers was, amid the unacceptable wave of serious crime in our country, assigned to search the house of the witness and to force him to pay a fine of R300 after having found a measly case of beer in their house,” said the judge.

Theresho Mashabela earlier testified in a Limpopo magistrate’s court that she was at her parents’ home on July 22, 2010, washing dishes, when the cops arrived at the house.

Her father, Hendrik Mashabela, testified that the police arrived at his spaza shop and bought food. He thought they were going to eat their food before leaving, but the next moment, he heard his daughter screaming from the main house. He ran to her aid and found her handcuffed.

When he asked the cops what they were doing in his house, they said they “searched nowadays”, and that they did not provide a search warrant because “people would hide things”.

Montjane admitted they searched the house for alcohol but denied assaulting the girl.

By Zelda Venter
The Star 03/04/13 Early Edition




Crimes of the South African Police Service

Metro cops ‘illegally’ scrapped fines, court told
AFTER a pay-fine company took the Joburg metro police to court for allegedly failing to comply with the Aarto Act, the JMPD “illegally” cancelled five of the company’s fines in a bid to avoid the court action.

This is the allegation made by FINES 4 U, which specialises in the legal reduction of traffic fines.

It was made in a replying affidavit to the JMPD (Joburg metro police department) and the City of Joburg.

FINES 4 U took several government departments to court last year.

It alleged that traffic fines were being issued illegally in Joburg.

If the application is successful, it could mean that motorists who have paid fines issued in the same way would have to have their money paid back, leaving the council short of millions of rand.

Cornelia van Niekerk, from FINES 4 U, sent out legal notices to the JMPD, the Road Traffic Infringement Agency (RTIA) and the council.

She asked the respondents to comply with provisions of Aarto and for traffic fines to be delivered either personally or by registered mail.

Aarto (the Administrative Adjudication of Road Traffic Offences) is a centralised system that attempts to place infringements in one place and encourage compliance by motorists.

Van Niekerk’s attorney, Anton Burger, of Burger Attorneys, said Van Niekerk had fines that could not be finalised because the JMPD refused all representations, even though this was under the jurisdiction of the RTIA, according to Aarto.

Pieter Machiel de Klerk, the deputy director of community legal services at the City of Joburg, answered the original application made by FINES 4 U.
He said the applicant did not seek any relief extending beyond five infringement notices. This relief was that they comply with the Aarto Act.

De Klerk said the relief sought by the applicants was “moot and incompetent” because all five infringement notices had been cancelled.

The answering affidavit states that Van Niekerk submitted representation for the five fines.

The JMPD delivered the notices to the RTIA and they were cancelled.

“There is no live issue between the parties requiring adjudication by this court. All of the relief sought is moot,” the answering affidavit reads.

De Klerk also denies the applicants’ claim that the JMPD uses Aarto as an “income-generating machine”.

“It is not correct that the third respondent’s enforcement of the Aarto Act is a profit- driven machine run by private enterprise.

“Though some of the functions of enforcement are outsourced to private contractors, these contractors perform their duties on terms dictated by the City of Johannesburg in their respective contracts and service-level agreements.”

The papers say contractors are paid a fee per infringement notice processed, irrespective of the potential fine income emanating from the notice.

FINES 4 U said they believed that, by cancelling the fines, the JMPD demonstrated that they were irregular in the first place.

FINES 4 U also expressed shock that private companies were paid per infringement processed, proving that fines were being sent out “for the benefit of profit”, according to papers in the Johannesburg High Court.

By Angelique Serrao - angelique.serrao@inl.co.za
The Star 03/04/13 Early Edition



Crimes of the South African Police Service

Wrongful arrest pay-out
Judge Strydom said Hugo had never been locked up before and had experienced his arrest in front of his friends and his detention as humiliating.

A PRETORIA man who was so scared while he was wrongfully held in custody that he did not shower for 10 days, has been awarded R70 000 damages.

Acting Judge JJ Strydom awarded the amount to Thys Hugo, a panelbeater from Riviera in Pretoria for his unlawful arrest and detention in June 2009 on charges of housebreaking and assault.

Hugo told the court he had gone to the Wonderboom police station after being told his brother-in-law had been arrested. But on his arrival he was asked to remove his shoelaces and was promptly locked up in a police cell.

He said no one told him why he had been arrested and even the magistrate could not tell him where the alleged housebreaking was supposed to have been committed.

He only appeared before a magistrate 33 hours after his arrest and had to remain in custody at the Pretoria Central Prison for a further seven days on the orders of the magistrate before all charges were dropped against him.

Hugo was not allowed to phone his family from the police cells and was robbed of his ring and shirt by fellow detainees in the court cells.

He was only allowed to phone his father for the first time after being taken to prison. He did concede that he had not been treated any worse than other detainees.

He lost his job and accommodation due to his incarceration and was forced to live with his girlfriend’s parents until he found a job three months later. He also stopped playing basketball because he was ridiculed about his imprisonment.

Strydom said the police could not be held liable for Hugo’s unlawful detention after his first 33 hours in custody because a magistrate had ordered his further incarceration and Hugo did not join the Justice Minister as a defendant in his damages claim.

By Ilse de Lange
The Citizen 04/04/13



Crimes of the South African Police Service

Police involved in another controversial killing
POLICE actions have come into the spotlight again with the gunning down of a Mamelodi man who was dedicated to turning around the lives of drug addicts.

S’khumbuzo Jele, 35, founder of the Second Chance Recovery Centre, which treats nyaope addicts, was shot dead by a police officer, who may have mistaken him for a hijacker.

His mother, Nomonde Mnguni, said Jele had been on his way to meet his cousin, Xolani Jele, who was waiting for him in a car outside the centre in Mamelodi East when he was shot in the chest.

Police officers in the area said afterwards they had been chasing two suspects who had tried to hijack a car, and had then run onto the Second Chance Recovery Centre premises as Jele approached the gate.

Mnguni heard gunshots and ran out to see her son lying at the gate. He was dead.

Fighting back tears, Mnguni said she had mixed feelings towards the officer responsible for her son’s death.

“He had a very good relationship with the police. They were combating crime together in the area and they often came by the centre during patrols,” she said.

The good work done by Jele would continue, she said.

During his memorial service at the Mamelodi West Community Centre yesterday, family and friends described him as “a man who did not wait for things to happen but instead made things happen”.
A hall packed with about 500 community members praised his memory with song and dance while his wife Florence and daughter Noxolo, 8, sat huddled closely together.

“Everything will go back to normal at the centre on Monday. It is what S’khumbuzo (Jele) would have wanted,” said Mnguni.

Jele started the centre in May 2011 after the number of nyaope addicts skyrocketed in the area.

He decided to engage patients at the centre with activities like skills development and aerobics, to name but a few.

The centre, a nonprofit organisation, gets referrals from schools, churches, police stations and the community.

Mnguni said she gave up her full-time work in the medical industry to help her son manage the centre.

The centre employed 12 staff members, including a doctor, social worker and nurses, who receive no salaries as the centre is not guaranteed a stable income.

Back at the centre, Jele’s good friend and handyman Reguel Malaka stood in the driveway where Jele was shot and said everyone at the centre was still coming to terms with his death.

“It was around 8.30pm when I heard a gunshot. I thought it was outside on the road but then heard S’khumbuzo’s mother screaming. When I got outside, he was already dead,” he said.

Independent Police Investigative Directorate spokesman Moses Dlamini said the matter had been reported and they were looking into it.

By Yolande Du Preez
The Star 04/04/13 Early Edition

Crimes of the South African Police Service

40 percent of cops have no licence
Nearly 40 percent of Gauteng police do not have drivers' licences, it was reported on Friday.

Community safety MEC Faith Mazibuko told the Gauteng Legislature that 11,611 SA Police Service (SAPS) operational members in the province did not have drivers' licences, compared to 18,872 who did, according to The Star report.

Mazibuko said 60 percent of those without licences were functional members working outside police stations as crew on response and sector vehicles, client service centres, as guards at cells and courts, at roadblocks and as domestic violence co-ordinators.

Democratic Alliance Gauteng provincial leader John Moody, who asked the question in the legislature, said it was "an explicit requirement for employment under the SAPS Act" to have a valid driving licence.

Department of community safety spokesman Thapelo Moiloa said members were deployed as Mazibuko said.

"However, it is a worrying factor [that] in the event that they are requested to drive attending to scenes of crime, this would compromise the safety of other drivers on Gauteng roads," Moiloa told the newspaper.

SAPS Gauteng said police no longer required licences.

"Since 2007, the SAPS nationally began to relax the mandatory requirement for a licence from applicants for employment in the SAPS," Colonel Nxolo Kweza was quoted as saying.

"In 2009, the licence requirement was then removed as a requirement for recruits as an entry-level.

The Citizen 05/04/13





Crimes of the South African Police Service

TRAFFIC CHIEF’S SHAME
Road agency official not practising what he preaches on speeding, law

ROAD Traffic Management Corporation spokesman Ashref Ismail – who has been vocal about speeding motorists – has outstanding traffic fines for speeding and drives a car with invalid number plates and an expired licence disc.

Displaying false number plates is punishable by a fine or a jail term of up to three years.

The Star can reveal that Ismail has eight traffic fines and owes the Traffic Department R6 500 in fines. Five of these are outstanding and were issued between March 2009 and 2012.

The traffic fines include speeding, driving an unlicensed vehicle and parking in an unauthorised area.

In October last year, Ismail got a speeding fine after he was caught travelling between 91km/h and 95km/h in a 60km zone.

In 2009, he was fined R15 560 for speeding after he was caught travelling between 96km/h and 100km/h in a 60km/h zone.

In April last year, he was issued with a R750 fine in Tshwane for travelling between 101km/h and 105km/h in an 80km zone.

Again in April, Ismail got another R1 000 fine for driving an unlicensed vehicle and another R250 fine for the same offence.

Earlier this year, Ismail said speeding and drinking and driving had contributed heavily to the more than 800 deaths that occurred on the roads during the festive season.

“Major contributory factors remain speeds too high for circumstances, especially at night and during inclement weather, drinking and driving, drinking and walking, and dangerous overtaking on barrier lines in the face of coming traffic,” Ismail had said.

Commenting on Ismail’s fines, Howard Dembovsky, national chairman of the Justice Project South Africa, said: “When any person purports to be an enforcer of traffic laws and a proponent of road safety, as is the case with Mr Ismail, who is in charge of road traffic law enforcement co-ordination at the RTMC, saying ‘do as I say, not as I do’ is disingenuous at best.”

“This is the same man who likes to point fingers at motorists, calling them lawless and saying they have no respect for traffic laws, yet he has eight outstanding Aarto infringement notices against his name, several of which are for speeding at speeds in excess of 20-30km/h over the speed limit,” he said.
In addition, he slammed Ismail for illegally displaying invalid number plates for his motor vehicle as well as a licence disk that expired “more than 43 days ago”.

Ismail’s personalised registration plates read ASHREFGP, while his previous licence number was BD55CJGP.

Ismail said he was a motoring enthusiast and a collector of old, vintage cars and had five of them.

“If there are any fines that have been accumulated, either by the previous owner/s, myself or any of my family members, I am not aware of them.

“I will check what fine for which vehicles are outstanding, and if there are any traffic fines that are against my name that I or my family members are responsible for, (they) will be settled,” he said.

He said the Land Rover was purchased secondhand from a dealer in the south of Joburg in February.

“I requested to have my old personalised plates installed as soon as I had a chance to do so. The car is parked in the RTMC basement (which is where your informer would have seen it) and is not in use until I have had the chance to collect and install the plates,” he said.

But sources told The Star that the vehicle had been going in and out of the basement for the past three months.

“Ashref has been driving that vehicle. It’s not true that he parks it in the basement,” an insider told The Star.

“South Africa’s laws apply to everyone, not just people Mr Ismail chooses to point his finger at,” Dembovsky said.

A traffic officer, who did not want to be named, said displaying an invalid number plate was misleading and amounted to fraud.

“He should be arrested for displaying false number plates. Once you get a personalised number plte, you forfeit the previous one.”

The shareholder committee of the RTMC wants the agency, which manages the country’s roads, to shut down, saying it failed to “fulfil its purpose” in the past 10 years. But the cabinet will have the final say on the matter.

By Solly Maphumulo - solly.maphumulo@inl.co.za
The Star 09/05/13 Early Edition


Crimes of the South African Police Service

Motorist claims two cops battered him
Officer allegedly jumped into car asking if man had money

A VIOLENT attack on a Kempton Park man, allegedly by two police officers, has left him with stitches in his head and a bruised body.


Speaking to The Star, Gerald Carey, 32, claimed he was on his way home at about 10pm on Thursday when he was pulled over by two police officers from the Chloorkop police station in Kempton Park.

He claimed one of the officers asked him if he had any money on him.

“One gentleman jumped into my car and started searching my car, asking me ‘where is the money’. I told him I don’t have any money,” Carey said

His response seemed to have incensed the officer, who reportedly became aggressive and pushed him.

“He ordered me to drive to a police station. As I drove, he told me to turn to another direction instead of going to the police station.

“That’s when he began attacking me. He hit me with fists. I fought back and I crashed my car during the commotion.

“The other police officer, who was driving a police vehicle behind us, stopped his car and pulled me out of my car. He threw me into their (police vehicle) and drove away,” he said in a quivering voice.

One of the officers, wearing a balaclava, drove to a secluded area, where he allegedly assaulted him.

Carey said that one of the officers attacked him with a baseball bat.

“It was not easy for me to fight back because the two of them were assaulting me. They said they will teach me a lesson.
“I fell to the ground as the attack continued. I got up and ran towards the road. One of them shouted ‘shoot him’, I continued running.”

The badly injured Carey was rescued by security guards driving past, who took him home.

His family phoned an ambulance and he was taken to the Tembisa Hospital, where he was admitted and put on a drip.

He also got a few stitches in his head.

Lacerations and bruises all over his body on Friday bore testimony to the attack.

Speaking from his hospital bed, he said: “I’m very sore. I can’t even move.”

He would never forget the brutal attack he suffered at the hands of police.

“I may not be scarred for life after the attack, but after this incident, I won’t trust police again. They attacked me because I refused to pay a bribe.”

He lost his wallet and cellphone during the assault.

Carey has opened a case against the officers, but said he had learnt that the one who initially demanded money from him had opened a counter-charge.

Gauteng provincial police spokeswoman Lieutenant Colonel Katlego Mogale confirmed that the Independent Police Investigative Directorate was investigating the matter.

By Solly Maphumulo - solly.maphumulo@inl.co.za
The Star 13/05/13 Early Edition






Crimes of the South African Police Service

Police boss ‘law unto himself’
Accused of abusing system and bullying

THE COMMANDER of the East Rand Flying Squad, Lieutenant- Colonel Mbongeni Aubrey Khumalo, has been accused of bullying and victimising staff, practising nepotism and running the unit like his personal fiefdom.

Sources at the unit’s Germiston headquarters in Ekurhuleni alleged Khumalo frequently took unauthorised leave, drove around in official state vehicles for personal use and ill-treated colleagues.

They said he was “abusing his powers with impunity” as he was getting undue protection from the Gauteng provincial police’s top brass.

Khumalo was transferred to Germiston from the Midrand Flying Squad in 2011 to replace Lieutenant-Colonel Dirk Badenhorst, who had been accused of racism.

The transfers were done by Gauteng’s head of operational responses services, Major-General Phumza Gela, said to be Khumalo’s close confidant.

Gela is among the five officials suspended after the Gupta Waterkloof Air Force Base wedding plane controversy.

The Star can reveal that before his transfer, Khumalo was dismissed from his position in Midrand after he was found guilty of misconduct.

The charges related to his alleged role in a fight involving Chinese who allegedly beat up their countryman and left him for dead.

Khumalo, another police officer and a security company owner were arrested for allegedly being responsible for the beating in Cyrildene, Joburg, in July 2010.

He and the security company owner were charged with defeating the ends of justice.

Khumalo’s dismissal later, sources said, was “unjustly overturned by the provincial commissioner, Mzwandile Petros, on a technicality”.

Staffers told The Star that Khumalo “wantonly abused his powers” because he was getting undue protection from Gela and other bigwigs in the provincial police department.

Two well-placed sources said Khumalo had continued to draw a salary even though he was supposedly suspended without pay. This, they said, had continued even after he was fired before the dismissal was overturned.

“Immediately when someone gets arrested and suspended, he is considered to be on suspension without pay. But when he (Khumalo) was discharged (dismissed), he continued being paid,” said a source.

The Star can also reveal that Khumalo is on study leave, although the police station does not have any records of his application.
“We just heard that he is on study leave. Again, we don’t have any (application) papers showing that he applied,” the source said.

He added that Khumalo frequently took unauthorised “rest leaves” without having accumulated days.

However, on Wednesday, after The Star put in a query to police spokesman Neville Malila, it appeared Khumalo had applied for leave.

“His application is suddenly lying at one of the offices,” said another source.

Three independent sources told The Star that Khumalo used a state vehicle illegally to attend last week’s much-publicised Gupta wedding at Sun City.

“This man takes leave willynilly, while he refuses members to the leave they deserve. Again, the same man who misuses official vehicles refuses members the right to use transport when they knock off way too late, although police regulations allow that.”

Khumalo allegedly approved leave and transport only for those close to him.

The lieutenant-colonel could not be reached for comment as he was said to be on study leave until June 13.

His official cellphone was answered by a man who identified himself as the acting commander, a Captain Mosoetsa.

“The commander said you must speak to Brigadier Malila,” Mosoetsa said.

The Star understands, however, that Khumalo had arrived at the station on Wednesday and demanded to know the identity of people leaking information to the media.

The witch-hunt was said to have continued until Thursday.

Badenhorst and Gela could also not be reached for comment. The police station where Badenhorst works said he was off-duty.

Malila would neither confirm nor deny the allegations against Khumalo, saying “the outcome of internal matters are not open for discussion in the media”.

“The information contained in the enquiry relates to matters which are being dealt with in terms of the SAPS internal disciplinary code and procedures.”

Malila said the racism allegations against Badenhorst had been dealt with and finalised in terms of internal procedures.

By Legbogan Seale - lebogang.seale@inl.co.za
The Star 13/05/13 Early Edition