Sunday, April 28, 2013

Crimes of the South African Police Service


‘Police attached wires to my penis’
April 15 2013 at 09:44am
By Carolyn Raphaely



Bloemfontein - Four Grootvlei awaiting-trial prison inmates and two of their co-accused released on bail last month are suing Police Minister Nathi Mthethwa for damages relating to brutal apartheid-era interrogation and torture tactics allegedly employed by Bloemfontein’s Organised Crime Unit (OCU).
Charges include being hung upside down in broad daylight from a first-floor balcony of the Bloemfontein Tourist Centre (BTC), electric shock torture, suffocation with pepper-spray filled plastic bags, head-bashing, assaults and beatings.
The Wits Justice Project (WJP) is in possession of medical reports documenting injuries caused by torture and other evidence corroborating William Dube, Lucky Mametsa, Mzwandile Khani, David Seleke, Davies Musimeke and Sifiso Cele’s allegations. The alleged torture took place after the men’s arrest on armed robbery and burglary charges in May 2010.
Dube described being cuffed to a chair in an unmarked suite of the tourism centre offices, wires attached to his penis, and shocked.
“It was very, very painful. I even wet myself... They covered my head with a plastic bag, filled it with pepper spray and sealed it with duct tape.”
Dube said he agreed to a confession while held by two organised crime unit members by the ankles in broad daylight over a balcony.

David Seleke (pictured) says he was tortured at home in front of his neighbours. Photo: Wits Justice Project
The Star
Khani said he was assaulted and beaten at his home by OCU members when arrested. Two weeks later he was taken to the centre for a second round and shocked repeatedly for almost four hours in front of a woman officer.
“There were nine or 10 policemen watching, and kicking me. One of them opened my legs and kicked me in my private parts. I was screaming so loudly, they forced a dirty cloth in my mouth.”
Khani’s Grootvlei hospital records confirm “a clot-like substance in the penile shaft as a result of being assaulted by police officers”.
OCU’s attempts to elicit a confession from Mametsa allegedly included repeated head-bashing.
After three days in Grootvlei hospital, he said “I was sneezing blood with green stuff with rotten things in it. Pieces of bone... were coming out of my nose”.
After being told by Grootvlei’s doctor there was nothing wrong with him, dentist Dr Tapan Sewbarun diagnosed a broken zygomatic bone and head fracture. He referred Mametsa to Pelonomi Hospital where, Mametsa said, a scan and X-ray showed a head fracture. After these records disappeared, Mametsa was again told there was nothing wrong with him.
Dube, Khani and Mametsa laid charges against the OCU and Warrant Officer Jan Basson at Bloemspruit Police Station in May 2010. The case was transferred to Kagisanong but there have been no further developments.
Seleke said he was shocked with “something like a cow-prod that the boere use for animals” when arrested at his house. Though cameras recorded the assaults, he said the monitor and footage were confiscated by police.
After laying assault charges against Basson at Park Road Police Station, Seleke lodged a complaint with the Independent Complaints Directorate (ICD), now Independent Police Investigative Directorate.
He was told his statement had disappeared; only an empty police docket remained.
Months later, Seleke was assaulted by Basson in Grootvlei’s reception area in front of his co-accused and DCS officials. A probe was done but the outcome is unknown.
Musimeke and Cele said they suffered similarly at the centre.
Mthethwa’s spokesperson Zweli Mnisi referred the WJP to Free Sate Provincial Head: Corporate Communication Brigadier Billy Jones for comment. “We are aware that such allegations are being investigated by the Independent Police Investigative Directorate. Their office is the mandated entity that would be in a position to provide you with comment on their investigations. I cannot comment as the investigations are independent from the SAPS.
“This office can only confirm that the mentioned accused who are making these allegations are currently facing serious charges, namely two of armed robbery and one of burglary at business premises. The accused were arrested in the act at the business premise where the burglary took place. The trial involving these accused are (sic) continuing in court on Monday.”
The crimes are alleged to have taken place between April and May 2010.
* Carolyn Raphaely is a member of the Wits Justice Project that investigates miscarriages of justice, located in Wits’ journalism department. The WJP is in possession of the names of other members of the Organised Crime Unit implicated in these allegations. - The Star


Crimes of the South African Police Service


Police force themselves on sex workers – report
August 23 2012 at 09:00am
By SAPA


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About 70 percent of sex workers have been abused by police, says a study released in Joburg yesterday.

“The human rights abuse of sex workers in South Africa is alarming and demands immediate attention,” the Sex Workers’ Education and Advocacy Taskforce said in the study.

“Sex workers experience violence during arrest by police officers, who routinely beat them, pepper-spray them and sexually assault them.”

The study was based on interviews with 308 sex workers, mostly in Cape Town, by the Women’s Legal Centre. The sex workers were mostly women, but included men and transgender people.

The report included first-person narratives from people who recounted being forced to perform oral sex or being gang-raped by police officers. The study found police officers did not identify themselves or wear name tags when committing their offences.


Arbitrary arrest was also still common, despite a 2009 order by the Western Cape High Court that police could not arrest sex workers unless they intended to prosecute them. Of the sex workers interviewed, 138 said they had been arrested, but only 21 had ever appeared in court. – Sapa





Crimes of the South African Police Service



Cronies Police used to Expel Media

'12 cows slaughtered in Zuma family ritual'
26 Nov 2012 | Sapa

President Jacob Zuma’s family killed 12 cows in a ritual believed to be aimed at extending his tenure ahead of the ANC’s national elective conference in Mangaung, according to a report


TRADITIONALIST: President Jacob Zuma celebrates during one of his weddings. Photo: SIMPHIWE NKWALI
The Star reported that the family held the ritual at his Nkandla residence on Sunday to commune with Zuma’s ancestors.  
Although no other African National Congress leaders were seen at the event, Zuma joined Zulu warriors in traditional dances as thousands of his relatives prayed for him to retain his position of ANC president.  
Zuma was reportedly given a shield and spear to defend himself from other contenders for the ANC’s top position.  
Zuma’s son Edward told police and security personnel to expel the media towards the end of the celebrations.   A reporter for The Mercury was apparently manhandled off the premises by police.
http://www.sowetanlive.co.za/news/2012/11/26/12-cows-slaughtered-in-zuma-family-ritual


http://www.sowetanlive.co.za/news/2012/11/26/12-cows-slaughtered-in-zuma-family-ritual




Crimes of the South African Police Service


Man wins torture case
December 21 2012 at 01:10pm

LOUISE FLANAGAN
louise.flanagan@inl.co.za
EXPERIENCED police officers who were found to have illegally entered and searched a man’s home at midnight and tortured him there should have understood their actions were unconstitutional, said a judge.
The Port Elizabeth High Court last week awarded Thobela Julius Funde R110000 in damages for invasion of privacy and assault, arising from a police raid on his home in Kwadwesi, Port Elizabeth, five years ago.
The officers who led the raid were named as Captain Sakhele Matomane and a Warrant Officer Sitinga. They had been police officers for 21 years and 20 years respectively.
They claimed they were searching for dagga after a tip-off, but the court found that Funde’s version was more reliable and ordered the Minister of Police to pay Funde a “modest” R110 000 in damages.
Judge Judith Roberson said it was a serious invasion of privacy and called the assault severe.
Funde’s wife and child were sent to another room in the house, and Funde was handcuffed and made to lie on the floor.
“Matomane produced a plastic glove and put it over the plaintiff’s (Funde’s) head, with the result that he could not breathe. He lost consciousness and the glove was taken off and he was revived with water,” said Judge Roberson.
“The process was repeated, and endured for half an hour to an hour. He thought he was going to die.
“He also felt humiliated at being subjected to this treatment in the presence of his family.”
The judge said the assault must have been terrifying. “He was at the mercy of two police officers. He was rendered helpless and impotent in his own home, while his wife and child were present, albeit it in another room.
“Matomane and Sitinga were unrepentant.”
The judge ordered that a copy of the judgment be sent to the Minister of Police and the SAPS national commissioner.
“Matomane and Sitinga were police officers prior to the enactment of the interim constitution, followed by the constitution. One would think that they would have comprehended the enormous shift which took place in relation to the protection of fundamental rights,” said Judge Roberson.
“I commented that they were unruffled during cross-examination. The glib manner in which they stood their ground tells me that they do not have a problem with the notion of torture.
“They are senior police officers. What sort of message do they send to their juniors? What effect does their conduct and that of police officers who commit similar abuses, have on the morale of the police force?”

Crimes of the South African Police Service



Police brutality charges laid in Boland
January 17 2013 at 09:00am



Aziz Hartley

The SA Human Rights Commission (HRC) accompanied families and individuals to the De Doorns police station yesterday to lodge more than 22 complaints of police brutality.

These were allegedly perpetrated during the violent strike that has had its epicentre in this village.

Three people have died, many have been injured and scores arrested in the strikes that first began in late November and have spread to several other Boland towns.

“I’ve got complaints from groups and there are also about 22 complaints from individuals of various allegations of how police are treating people,” HRC commissioner Melanie Dugmore said yes- terday afternoon.

“We’ll be in Robertson tomorrow,” she added.

The HRC was called out to visit the Stofland informal settlement near De Doorns, where shocking allegations of brutality have been levelled against the police.

During several house visits in the impoverished settlement, Dugmore heard how people were shot in their homes.

On Monday, a shopkeeper was shot in the head and later died. The victims included a 10-year-old girl who was shot in the eye as she stood in her home’s doorway on Monday.

Community leaders in Stofland have compiled a list of people injured during police operations in the settlement. The list included several residents shot in the back.









Crimes of the South African Police Service


Police accused of failing crime-ridden Muldersdrift
September 11 2012 at 09:00am


No one has been arrested for any of these and other attacks.

Residents complained that the police seemed unmoved about the situation.


The Star sent questions to the police about the incidents.

Provincial spokeswoman Captain Pinky Tsinyane said they could not comment yet as they still had to get information, not only on the recent cases but on previous incidents too.

Read the entire article……….






Crimes of the South African Police Service


Crucial evidence withheld by police
March 27 2012 at 08:35am



MOLOKO MOLOTO

LIMPOPO police have kept from court video footage showing the alleged assault of freelance journalist Chester Makana by ANC Youth League official Clifford Mohloana.

This resulted in the court striking off the case from the roll because there was insufficient evidence to proceed.

Makana was hit in the head with a brick in December while investigating allegations that Mohloana and other ANC officials were duplicating tags for bogus voting delegates for the ANC’s provincial conference.

At the time, the ruling party’s elective conference was under way at the University of Limpopo.

At that meeting, Limpopo Premier Cassel Mathale controversially defeated Deputy Arts and Culture Minister Joe Phaahla for the position of ANC chairman.

The alleged assault of Makana was captured by an SABC tv news team and subsequently broadcast.

However, last Thursday, the Polokwane Magistrate’s Court struck the assault case against Mohloana off the roll for lack of evidence.

But The Star can reveal that even though the initial investigating officer, Warrant Officer J Letsoalo, had sourced the footage from the SABC, he did not present it to the prosecutor as part of the evidence.

Two sources, one at the SABC and the other in the SAPS, said the video had been given to Letsoalo on January 9.

Letsoalo also confirmed that he had received the video, but said he was later removed as investigating officer last month and replaced by a Warrant Officer Naudé.

Letsoalo would not provide reasons for his being taken off the case, nor would he say who had issued the instruction for his replacement.

Makana was not informed about the investigating officer’s replacement, and neither of the officers were present in court when the case was struck off the roll.

Naudé could not be reached for comment, but Letsoalo said he was surprised that the footage had not been presented to the prosecutor.

“The video is there. When it (the case) was withdrawn, I had already been removed,” he said.

Limpopo police spokesman Brigadier Hangwani Mulaudzi would not comment on the availability of the video footage but said the matter was being investigated.

“We have set up a task team to investigate if there had been negligence on the part of the investigating officer, and if there is any, the provincial commissioner, Simon Mpempe, would determine the action to be taken,” said Mulaudzi.

He added that if evidence was discovered, the police would ensure the case was reinstated.

Previously, Mohloana had applied for state legal assistance. Last Thursday, he was represented by celebrity lawyer Tumi Mokwena.


Mokwena has previously represented Julius Malema during his hate speech trial against civil rights organisation AfriForum.










Crimes of the South African Police Service


Police duo linked to robbery
April 15 2013 at 11:02am
By Neo Maditla

Comment on this story


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Independent Newspapers

File photo: A police captain has been fired for turning away a woman who wanted to lodge a complaint against a cop she accused of rape.

Cape Town - Two police officers have been arrested in connection with a robbery at a Chinese-owned business in Milnerton.

The officers allegedly used a police vehicle in their getaway on Thursday night.

The robbery, the fifth targeting a Chinese-owned business in the province since January, prompted a meeting on Friday afternoon between Community Safety MEC Dan Plato and the Chinese consul-general, Liang Shugen.

The two policemen were allegedly among six people who robbed the business on Marconi Road in Montague Gardens of a “substantial” amount of money.

One of the six robbers was wearing a police uniform and one of the getaway cars was a police vehicle.

Police spokesperson Lieutenant-Colonel André Traut said: “The six - one of whom was dressed in a police uniform - fled the scene in three vehicles, including a black Mercedes-Benz Vito bus.”

Flying Squad members, on patrol in Voortrekker Road in Bellville, saw the Vito and gave chase before stopping it and arresting the people inside.

One suspect was shot in the foot during the scuffle.

Traut identified one of the six suspects as a 31-year-old police constable and he confirmed yesterday that another police officer was arrested on Saturday in connection with the incident.

Police have arrested four of the six suspects and they will all appear in court soon.


Plato said yesterday that Shugen had expressed his concern about the recent spate of attacks on Chinese-owned businesses.

“Mr Shugen raised further concerns over what appeared to be a lack of progress into the investigations of these cases,” Plato said.

“While I commend the swift action in apprehending the officers, it raises serious concerns about some of the men and women employed to protect us.”

Plato said he would be requesting a full report from Western Cape police commissioner Arno Lamoer on what strategies had been put in place to prevent similar crimes. - Cape Argus


http://www.iol.co.za/news/crime-courts/police-duo-linked-to-robbery-1.1500269

Crimes of the South African Police Service


Rapist cop jailed for 18 years
April 15 2013 at 07:15pm
By SAPA

 Johannesburg - A senior policeman was jailed for 18 years by the Sasolburg Regional Court on

Monday for a number of crimes, said the Independent Police Investigative Directorate (Ipid).
Mahlatse Thobakgale was found guilty of three counts of rape, one of pointing a firearm and one of negligent discharge of a firearm, spokesman Moses Dlamini said.
He was a Senior Superintendent based at the Free State provincial commissioner's office at the time.
In February 2010, Thobakgale threatened and abducted the Deneysville police station's clerk.
“(He) threatened the victim, 32 at the time, who is a clerk at the station, with a firearm,” Dlamini said.
He forced her into his car and drove her to an isolated spot. He ordered her to strip and then raped her three times. Afterwards Thobakgale took her back to the station.
He was arrested shortly afterwards and dismissed from the SA Police Service. - Sapa






Crimes of the South African Police Service


Senior cop convicted of rape
April 13 2013 at 11:33am
By SAPA



INLSA
File image
Sasolburg - A former senior policeman has been convicted on several charges including rape by the Sasolburg Regional Court, the Independent Police Investigative Directorate said on Friday.
“(The court) found 37-year-old Mahlatse Thobakgale guilty of three counts of rape, one count of pointing a firearm and one count of negligent discharge of a firearm,” spokesman Moses Dlamini said in a statement.
Thobakgale was convicted on Thursday. He was a senior superintendent at the Free State provincial commissioner's office.
In February 2010 Thobakgale threatened and abducted the Deneysville police station's clerk.
“ 1/8He 3/8 threatened the victim, 32 at the time, who is a clerk at the station, with a firearm.”
He forced her into his car and drove her to an isolated spot. He ordered her to strip and then raped her three times. Afterwards Thobakgale took her back to the station, Dlamini said.
He was arrested shortly afterwards and dismissed from the police. He would be sentenced on Monday. - Sapa





Crimes of the South African Police Service


Captain axed for inaction over rape cop
April 15 2013 at 04:17pm

By SAPA
Cape Town - A police captain has been fired for failing to take action against a reservist accused of rape, Western Cape police said on Monday.
“This morning, the provincial commissioner of the Western Cape police... validated the findings of a disciplinary hearing to dismiss a police captain stationed at the Kwanonqaba police station from the service for not assisting a rape victim after the case was reported to him,” Lt-Col Andre Traut said in a statement.
In February, a woman went to Herbertsdale satellite police station to report that a police reservist raped her. Traut said the captain dismissed the woman's claims as not serious and did not institute criminal proceedings against the alleged rapist.
“This behaviour is inexcusable and we cannot allow victims of crime, especially those perpetrated against women, to be treated in this fashion.”
Traut said the captain's name could not be released as it was an internal disciplinary process. - Sapa




Crimes of the South African Police Service


Over 900 die in South African police custody
Sapa | 04 March, 2013 08:35

About 932 people died in police custody in South Africa in 2011-12, a report by the Independent Police Investigative Directorate (Ipid) revealed.


KwaZulu-Natal had 268 deaths with Gauteng second at 217 deaths and Eastern Cape had 120, the Dispatch Online reported.
Meanwhile, eight police officers, implicated in the death of an East Rand taxi driver, are expected to appear in the Daveyton Magistrate's Court on Monday.
The two warrant officers and six constables face a murder charge following the death of Mido Macia while in police custody.
The officers allegedly tied 27-year-old Macia to the back of a police van and dragged him along a street in Daveyton on Tuesday.
Macia, a taxi driver and Mozambican national, died at the local police station's cells several hours later. His body was found by a police officer on Tuesday night.
A post mortem revealed he died of head and internal injuries.
Ipid spokesman Moses Dlamini said police reported that they had earlier found Macia wrongfully parked on a road and ordered him to move.
Macia's death caused a public outcry against police brutality.
The Dispatch Online reported that the Ipid was also investigating the death of a policeman who died in police custody at the Barkly East police station in January, a day after he was detained for allegedly being drunk.














Crimes of the South African Police Service


Probe after cop assault on woman
April 12 2013 at 01:30pm


By Murray Williams


YOUTUBE
The CCTV footage was given to the television station eNCA by a local security manager.
Cape Town - An off-duty policeman is being investigated for assaulting a woman at a petrol station  and uniformed, on-duty colleagues are accused of not doing enough to restrain him.
The charges come after television station eNCA was sent CCTV footage from a petrol station in Smithfield in the Free State last Friday.
The footage shows a man arriving at the pumps in a white BMW, walking to a bakkie, and returning to his car. A woman follows him and hands him cash. As she walks away, he follows her and punches her in the back of the head.
She falls to the ground. At this point, two policeman also parked at the petrol station rush over. Over the next two minutes, the man repeatedly kicks in the woman’s direction, possibly connecting with her at least once.
He is constantly restrained by the two policemen, but breaks free at least once.
After falling to the ground a second time, the woman gets up and drives off. The two policemen, in turn, frogmarch the man away from her direction, and he returns to his car.
The CCTV footage was given to the station by a local security manager.
In its report on the matter, the TV station stated that the attacker is a policeman, and suggests that his attack on the woman happened “in full view of his two colleagues”.
eNCA alleged that the pair “do not restrain him”, although the footage shows the policemen trying to hold him back.
eNCA described the drama as another case of “police brutality”.
It subsequently reported that the footage had been seen by the Independent Police Investigative Directorate, and quoted spokesman Moses Dlamini saying two investigators had been put on the case – in connection with both the off-duty policeman and the on-duty colleagues.
Dlamini could not be reached for further comment today as he was in court on another matter.
Police told eNCA they were also investigating the incident.
The claim that the assault was another case of “police brutality” comes against widespread concern that police violence is on the increase.
Sapa reports that the case against nine policemen accused of killing taxi driver Mido Macia was postponed in the Benoni Magistrate’s Court today.
The case was postponed to May 24 for further investigation.
The nine have all been denied bail.
Macia was filmed being tied to the back of a police van and dragged along a street in Daveyton on February 26. He was found dead in the local police station’s holding cells several hours later.
The accused are Thamsanqa Ncema, 35, Linda Sololo, 56, Meshack Malele, 45, Motome Walter Ramatlou, 37, Percy Mnisi, 26, Bongumusa Mdluli, 25, Sipho Ngobeni, 30, Lungisa Ewababa, 31, and Bongani Kolisi, 27.
Cape Argus