in contravention of national police policy.
At least four cases have come to light in the past month in which police officers who have appeared in court or been convicted ofcrimes ranging from theft to rape, are still at work.
More than a dozen others under investigation for a suspect's death are also still at work, as are two others who admitted to fiddling crime statistics.
The cases are:
• A station commissioner who has been convicted on two assault charges, as well as crimen injuria and intimidation;• A police officer charged with raping his 11-year-old half-sister over a period of eight years;
• A police officer charged for selling stolen police equipment;
• Fifteen police officer under investigation for six months for the death of a man in their custody; and
• Two officers who pleaded guilty in a disciplinary hearing to altering case docket details.Provincial police say "each case (in considering suspension) will be dealt with on its own merit". But according to National Police spokesperson Selby Bokaba, national policy is that an officer must be suspended when he or she is charged, or found guilty in court.
Earlier this month former Somerset West station commissioner Sandile Sonjani, who now works in Athlone, was found guilty in court of two assaults, intimidation and crimen injuria relating to attacks on a subordinate in 2007. He was sentenced to five months in jail or a R3 000 fine and plans to appeal.
After the attacks Sonjani was moved to Athlone police station, where he is commissioner.
Police spokesperson Billy Jones confirmed that Sonjani had never been suspended.
He said: "When an officer is found guilty it does not imply that the member is immediately suspended. The suspension is done in terms of (police) disciplinary procedures and not in terms of a criminal conviction."
Factors such as whether the officer had pleaded guilty, how much responsibility the officer had, and his or her rank would be taken into account.
He said the police's "discipline management section will now procedurally look at the matter" and once Sonjani's appeal was concluded, would decide whether he was still fit to be a police officer.
National police spokesperson Selby Bokaba said: "When a (policeman) is charged or convicted in court, irrespective of the crime or that person's rank, that person is immediately suspended. I'm quoting from the national regulations."
Bokaba said there may have been "unique circumstances" in Sonjani's case but he did not know of any. But he said the suspension regulation was "clear" and rank played no role in the decision.
The officer stationed at Harare police station in Khayelitsha, charged with raping his little sister for eight years, was in custody after his arrest on July 29 and appeared in court, but was then released on bail.
He may not be named to protect the identity of his alleged victim, who was initially placed in foster care, but returned to her parents on a Somerset West Magistrate's instruction.
The police officer has been given the green light to go back to work at the Harare police station. He will remain an actively serving officer for at least the duration of his trial, unless a disciplinary hearing orders otherwise.
"When a (police) member is arrested or in... custody... for that period while the member is under arrest or in custody, he or she is under immediate suspension - which means he or she cannot exercise their policing duty and mandated authority," Jones said.
"When the member is released ... then that immediate suspension is lifted. Thereafter the normal disciplinary processes kicks in if the member is still implicated and has to appear in court."
Ocean View constable Hilton Basson was arrested on July 27 for stealing and selling police radios to towing companies. He appeared in the Simon's Town Magistrate's Court and is back at work. Police said depending on the outcome of an internal investigation, he might be suspended at a future date.
Fifteen Organised Crime Unit members, who may not be named because they have not been formally charged, have been under investigation since February for the death of Sidwell Mkwambi, 24. They have not been suspended in spite of a recommendation by the police watchdog body, the Independent Complaints Directorate (ICD).
It is alleged Mkwambi was beaten at the Bellville South police station where the 15 work, before he was driven in a police van to a mortuary.
Two months ago community safety MEC Lennit Max said there had been "insufficient evidence" to warrant suspensions.
And in a case that didn't make it to court, a disciplinary hearing was last week concluded for two Lansdowne inspectors who pleaded guilty to incorrectly registering case dockets.
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