Thursday, May 5, 2016

Crimes of the South African Police Service

Cape cop guilty of child rape

June 11 2015 at 07:40am
By Natasha Prince
DAILY
Cape Town - A Mitchells Plain police officer, who is also a deputy Sheriff of the Court, has been found guilty of statutory rape and sexually assaulting his lover’s teenage daughter.
Warrant Officer Anwar Fisher was convicted in the Mitchells Plain Magistrate’s Court on Wednesday morning of four counts of statutory rape and two counts of sexual assault.
Magistrate Nomqondisi Jwacu, however, acquitted Fisher of three counts related to pornography for naked photographs of himself that were sent to the teenager.
It had emerged in court that Fisher had been having an affair with his wife’s friend and had sexual encounters with his lover’s daughter between July and December 2011. She was between 13 and 14 years old at the time.
Fisher, who had been out on bail during his trial, will now remain in custody after Jwacu cancelled his bail on Wednesday.
Cries from relatives emanated from the corridor of the court after some of his relatives made a frantic exit after his bail was denied.
The court heard of various instances that led the young teen’s mother to become suspicious of relations between Fisher and her daughter.
According to the girl, on one occasion, while she was visiting and watching television, Fisher moved her hand to fondle him. The girl’s mother, who remained in the adulteress relationship, testified that she had been in two minds – claiming she had felt “50/50” about reporting the matter to the police after her suspicions were confirmed when she confronted Fisher.
The child’s mother became suspicious when she saw close interactions between her lover and daughter when they had visited her in hospital. Fisher had denied wanting to sleep with the girl.
In another instance, the mother had found a message on the girl’s cellphone from Fisher, offering to buy her “R5 airtime in exchange for a BJ” (oral sex). Jwacu said the mother was “shocked” by the message.
Fisher said he had meant it as a joke in relation to a different incident.
Jwacu said the message could not have been read as a joke.
Fisher denied having sexually violated or molesting the young girl, saying that the mother had fabricated the story and influenced her daughter, when they were about to break up.
But the court rejected his version.
Jwacu said the mother was the driving force behind the charges.
“I find it hard that the accused would come up with that explanation,” she said.
She added: “If the accused sent the messages of the BJ to a 14-year-old and she proved not to be lying, why should we accept that she is lying about the other instances?”
Jwacu said the young girl stood firm on her evidence and was unshaken.
As a final red flag, the mother had found a Mxit message sent by her daughter to a friend that said she was no longer a virgin. She confronted Fisher who apologised and pleaded with her not to lay charges as he would lose his job as a policeman and his family.
Fisher is due back in court later this month.
natasha.prince@inl.co.za
Cape Argus





Crimes of the South African Police Service

Trust me they are crazy!

http://www.iol.co.za/logger/p.gif?a=1.1870155&d=/2.225/2.226/2.232
Cop ‘who acted crazy’ in cell back at work

June 11 2015 at 09:27am
By Botho Molosankwe 


INDEPENDENT MEDIAFile photo: Skyler Reid
Johannesburg - The Soweto police officer who was arrested for allegedly robbing a woman and later sent for mental observation after he “acted crazy” in the holding cells is back at work.
Constable Shadrack Maphari, who is attached to Diepkloof police station, was allegedly caught red-handed robbing a woman in the Unisa parking lot in Pretoria. His mental state is not known.
He was detained at Sunnyside police station, but had to be taken to hospital for mental observation when he turned violent while in the holding cells. At the time, he allegedly hit police officers and other suspects who were detained with him, and broke some furniture .
Police spokesman Lieutenant Kay Makhubela confirmed on Wednesday that Maphari was back at work at Diepkloof police station. He could not say if the man was mentally stable or not.
“We do not know what his mental status is. The court is still waiting for the medical report,” Makhubela said.
Allegations are that Maphari confronted his victim in the parking lot two weeks ago, taking her wallet and cellphones.
Although Maphari carries a service pistol as a crime prevention officer, Makhubela’s colleague, Lieutenant-Colonel Lungelo Dlamini, told The Star at the time that Maphari did not have the firearm or use it at the time of the incident.
The incident was witnessed by patrolling security guards in the parking lot. Maphari was arrested and charged with robbery.
“All the stolen goods were handed back to the victim during the arrest,” Dlamini said.
He also confirmed that while in the cells, Maphari had started being aggressive, screaming and banging on the cells doors.
“He became violent, behaved strangely and assaulted other people. It appeared as if he was mentally ill. Paramedics were summoned and advised police that he must be taken to the hospital for mental observation,” Dlamini said.
However, a source who did not want to be identified disputed Dlamini’s version of events.
The source said Maphari, who is a student at Unisa, had followed his victim to the parking lot with the intention to hijack her. There was a commotion that later saw him fighting to get inside the woman’s car, taking her cellphones, wallet and car keys.
“The driver was screaming and the security guards arrived and called the police,” the source said, adding that the car key was found in Maphari’s possession.
The source said that while in the cells, Maphari started “acting crazy”, screaming, hitting the police officers and another suspect in the cells, banging on the door of the cell and breaking things.
Makhubela confirmed Maphari appeared in the Pretoria Magistrate’s Court last week and was released on bail.
He said disciplinary processes against Maphari were under way.
botho.molosankwe@inl.co.za
The Star







Crimes of the South African Police Service

Ex-cop jailed over gun licences

June 11 2015 at 09:14pm
By ANA Reporter 


Independent Media
Pretoria - A former police captain who had been based at Pretoria Central police station has been sentenced to 13 years by the Pretoria Commercial Crimes Court after being convicted on 30 counts of corruption.
National police spokesperson Brigadier Vishnu Naidoo said Lawrence Mamogobo, a former designated firearms officer at the Pretoria Central Police Station, was last week sentenced to 13 years in prison after he was found to have fraudulently sold various falsified firearm training certificates, firearm competency certificates and firearm licences.
He was one of the 20 people who, amongst them, included two brigadiers, two colonels and 12 admin clerks, who were suspended by the SAPS management when allegations of corruption in the issuing of firearm licences at the police’s Central Firearm Registry first emerged about three years ago.
At the time of his conviction, Mamogobo had already been dismissed from the SAPS during the disciplinary process, which happened in 2013. His dismissal followed that of Brigadier Mathapelo Mangwani, the former section head of Central Firearm Registry.
National commissioner of the police, General Riah Phiyega, ordered the proper cleaning of the section after allegations of corruption surfaced about the manner in which applications for various forms of firearm licences were being handled.
“Once the SAPS began to serve some of the accused notices of intention to suspend them, four of them, a lieutenant and three admin, clerks opted to resign.”
Mamogobo is the third person to have been dismissed in connection with the central firearm registry debacle, and one of seven people who parted ways with the SAPS over this.
“Of the initial 20, only three are still on suspension while undergoing disciplinary hearings while the remainder have been given warnings and, in some cases, acquitted and are back at work,” Naidoo said.
“We believe that last week’s sentence will serve as a necessary lesson to anyone in position of authority never to betray trust bestowed upon them by the laws of this country. Mamogobo, and others before him, are the primary reason the SAPS is always severely criticised by the public and the media, something that should aggrieve the honest members in our ranks as they are often depicted in same light,” said Phiyega.
ANA


Crimes of the South African Police Service

Suicide in police van

June 12 2015 at 07:41am 
By Rabbie Serumula and Karishma Dipa

Independent Med

iaFile picture: Bongani Shilubane
Johannesburg - Yet another man has died in police custody – this time a domestic violence suspect, who police say used his shoelaces to kill himself.
Locked up in the back of a police van outside the couple’s Douglasdale home, the man is said to have made a noose with his shoelaces, hanging himself while police officers were taking a statement from his wife.
His death comes just a week after two other men died in police custody, one in Daveyton on Monday and the other in Diepkloof on Tuesday last week.
Douglasdale police spokesman Warrant Officer Balan Muthan said on Thursday that a neighbour had called the police to the couple’s home in the early hours of Tuesday. When the police arrived, they had put the man in the back of the van to separate him from his wife.
While the officers were taking a statement from the man’s wife, he somehow made a noose with his shoelaces and hanged himself.
Muthan said the husband had not been arrested but rather detained for his and others’ safety, and for the questioning to run smoothly.
He said the man was not handcuffed. “You can’t have a police officer with him at the back of the van. If he was put at the back of a police car, instead of a van, he would have been handcuffed because it is easy to open the car doors.”
The case has been handed over to the Independent Police Investigative Directorate.
Last week, another man died in police custody a day after he was detained at the Diepkloof police cells in Soweto following a shootout with police.
He died on Tuesday morning after he was served breakfast.
Another was a Mozambican, who was found dead in the Daveyton, Ekurhuleni, police cells on Monday last week after he was arrested for being drunk in public in Etwatwa near Daveyton.
Police said Justice Malati was certified dead in the cells and they did not suspect foul play.
But relatives and neighbours told The Star they believed Malati was beaten up while in custody, and that his neck and face were swollen. He also had blood on the back of his head, said neighbour Poti Bheziya.
But this version was disputed by Gauteng police spokesman Lieutenant-Colonel Lungelo Dlamini, who said police had received information that Malati allegedly banged his head against the cell wall before he went to sleep on Sunday night.
Dlamini said at the time that an investigation was under way.
When The Star arrived at the Douglasdale house on Thursday night, the man’s relatives were too distraught to speak. Community police forum chairman Jean Berdou said the incident had left the man’s family and the police officers at the scene traumatised.
“Both the family of the deceased and the officers will be receiving detailed trauma counselling.”
Berdou’s version of events corroborated that of the police.
“After talking to the wife, they (the officers) opened the back of the van so that they could take a statement from the man, but were shocked to find him dead with a noose made from his own shoelaces tied around his neck,” said Berdou. – Additional reporting by Kgopi Mabotja
rabbie.serumula@inl.co.za
karishma.dipa@inl.co.za
The Star





Crimes of the South African Police Service

Man allegedly assaulted after filming sleeping police
Eersterust Police officers allegedly assaulted a resident after he made a video clip of them sleeping on duty in their police vehicle at the police station.
June 9, 2015

 Two Eersterust police officers allegedly punched a man after he filmed them sleeping on duty.
The Independent Police Investigative Directorate (IPID) was investigating claims of a common assault, national spokesperson Moses Dlamini said.
He said the IPID had not received any mandate to investigate the allegations that officers were caught snoozing on duty.
“We investigate crime and sleeping is not a crime,” said Dlamini.
Hashim Consalves, member of the Eersterust Concerned Parents Association and sector 1 CPF, said he got word around 03:00 on Saturday a week ago of two officers sleeping in their police vehicle while on duty at the station.
“I went to the police station and found the officers fast asleep. I walked through an empty police station and made a 20 minute video of what I saw before I woke the officers up.”
He said he still had his phone in his hand when he knocked on their car window.
“The female officer flung the car door open and it slammed into me. I hid the phone in my underwear to prevent her from taking it but she forced her hands into my underwear and took the memory card out of the phone.”
Consalves said he managed to send the photos to a friend of his before the memory card was removed.
He said the officers choked, punched and scratched him during the assault before they threw him into jail until the following Monday, when he was to appear in court on assault and other charges.
Consalves said the case was dropped even before he could make an appearance.
He said the police officers did not read him his rights nor did they remove his belt, cigarettes or lighter before throwing him into jail.
“I later returned to the police station and laid charges of sexual assault against the police officers who forced their hands down my underwear to retrieve the cellphone,” he said.
This is a second recorded incident of police officers sleeping on duty.
Pictures captured and posted on Facebook by Amoré Sameera Jooste show two officers in deep sleep in a Wierdabrug police van.
The men parked their vehicle outside a Pick n Pay Express shop at the BP petrol station near Eldoglen around 04:00 on Sunday morning, Jooste said.
Provincial police spokesperson Lt-Col Lungelo Dlamini said a disciplinary inquiry into the matter was continuing.
“Police are aware of the clip of police officers sleeping in the car. The station commander is busy interviewing witnesses in order to finalise the inquiry,” he said.
Dlamini earlier said sleeping on duty amounted to misconduct.

Hasim Consalves has lacerations on his hands, feet and body after an altercation with police officers because he made a video clip of them sleeping while on duty.
Read more….










Crimes of the South African Police Service

Crimes of the South African Police Service

Burglars intrude; police officers sleep
  
December 4, 2015 deur Esmarie Prinsloo

AfriForum will put pressure on the Station Commander of the Postmasburg SAPS to act against the sleeping officers.
A Postmasburg couple, Mr Arnold Spies and his wife, has been left traumatised, after burglars broke into their home in the early hours of the morning, and they called the SAPS to no avail.

After closer investigation it was found that the police station’s phones were indeed manned, but by three officers in blue who were fast asleep.

Spies’s wife then phoned the AfriForum Neighbourhood Watch, which reacted immediately. The alleged burglars got away with a cellphone.

“Initially I was unaware that the police officers were sleeping. They told me the telephone lines were off. It’s unacceptable that they were sleeping on duty. The incident occurred at 4:30 and the police arrived at our house at 6:30. I can however not complain about the service we got from the SAPS when they eventually arrived,” Mr Spies said.

AfriForum will now put pressure on the station commander and the provincial police commissioner to intervene and act against the involved officers.

“It’s disappointing to experience police officers who do not execute their duties or take it up seriously, despite the fact that we have a high crime rate and South Africans living in fear. This is an example of the consequences of the ANC transformation policy in which competency is not a priority,” says Wico Swanepoel, Provincial Coordinator for AfriForum in the Northern Cape.

“We will do everything in our power and explore all avenues to get the Postmasburg police station up to standard again.”
SMS your name to 32532 to support AfriForum. R1/SMS.




Crimes of the South African Police Service

Hawks 'canary' menaced by abusive SMS


27 Nov 2015 00:00 Sally Evans
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Mthandazo Ntlemeza’s daughter allegedly sent abusive text messages to the cop who tried to bring him down



The daughter of newly appointed Hawks boss Mthandazo Ntlemeza allegedly sent a string of threatening and abusive text messages to the Limpopo police officer who had blown the whistle on her father, including telling him that “you are going to eat your own shit piece  by piece”. 
In another of the messages, Amanda Ntlemeza allegedly wrote: “Remember every dog has its day … mark my words u r going down”.  
The whistle-blower, Lieutenant Boitumelo Ramahlahla, had accused Ntlemeza of protecting Amanda’s alleged boyfriend, also a Limpopo police officer, from facing criminal charges.  
Ramahlahla received this and four other abusive messages from Amanda on September 11 this year, the day after her father was named the new head of the Hawks. 
Asked for comment, she said: “So why do I have to answer to you? I have got nothing to say to you.” 

“Complaint against unprofessional conduct”

Amanda Ntlemeza.

Ntlemeza’s appointment was controversial — Pretoria high court Judge Elias Matojane found that he lacked integrity, honesty and honour after he had perjured himself in court earlier this year. 
Several months before Matojane’s findings, Ramahlahla brought his own concerns regarding Ntlemeza’s integrity to the attention of the police minister. 
On December 13, 10 days before Police Minister Nathi Nhleko suspended the former Hawks boss, Anwa Dramat, and brought in Ntlemeza, who was then the Limpopo deputy police commissioner, Ramahlahla sent the minister an information note titled “Complaint against unprofessional conduct: Major General Ntlemeza South African Police Service Limpopo.” 
The note contained claims that Ntlemeza had protected a Captain Thomas Rallele, then commander of Limpopo’s tactical response police unit, from facing allegations that he had abused state vehicles in 2011. 
Ramahlahla claimed Ntlemeza took no action against Rallele because the latter was dating Amanda. He asked the minister to investigate the allegations. 
An internal police investigation in 2012 found that Rallele had falsified vehicle log entries. He was also convicted in court of being in possession of a phone that had been stolen during a house break-in in May 2014. 
He remained on full pay for seven months, but was eventually sacked in December 2014. 

“Carrying goods obtained in house robberies and break-ins”

The note was also sent to Ntlemeza; Limpopo’s provincial commissioner, Lieutenant General Fannie Masemola; and the province’s head of visible policing, Brigadier Nelson Mulaudzi. 
The minister did not respond to Ramahlahla’s note. In 2014 Ramahlahla lodged a criminal complaint against both Rallele and Ntlemeza at the Polokwane police station. It appears the docket was never forwarded to the Limpopo prosecuting authority and the case was withdrawn on August 7 this year. 
In January Ramahlahla also made a statement to the Independent Police Investigative Directorate (Ipid), accusing Ntlemeza of defeating the ends of justice.  
He alleged that he received credible information during 2012 that Rallele and other police officers were using state vehicles “for carrying goods obtained in house robberies and break-ins”, and that between 2012 and 2014 Ntlemeza failed to pursue criminal action against Rallele despite the mounting evidence of criminal conduct.  
Ramahlahla would not talk to amaBhungane, but his lawyer, Yolandi Hewetson, said the matter was being “thoroughly investigated” until the Ipid head, Robert McBride, was suspended in March. 

”Remember every dog has its day … mark my words u r going down …”

Lieutenant Boitumelo Ramahlahla.


In May this year the Hawks hit back, laying charges of fraud and defeating the ends of justice against Ramahlahla, based on allegations that he had introduced a “bogus cop, Captain Mailula, to SAPS members in the Limpopo province”.  
Mailula, a prison fugitive whose real name was Alex Maake, was unmasked after working for two years as a police officer. 
On July 17 Ramahlahla was suspended without pay. Hewetson claimed that since then he has received many threats, including that he would be killed in a  fake robbery. 
In the first text message to Ramahlahla, the day after her father’s promotion was announced Amanda Ntlemeza allegedly wrote: “U shud say sumthing wena loser. u been having soo much 2 say now go on en say sumthing u useless piece of rubbish. I wil sue u 4 ol the nonsense u said about me. 
“Remember every dog has its day … mark my words u r going down …” 
When Ramahlahla asked who the message was from, she allegedly replied: “U will find out soon, nw I will b dealing with u … 1 on 1. Uzondazi wena nja [You’ll know me, you dog]. Kudala sikuyekile nw kuzonyiwa [We have left you for a long time, now shit is about to  go down].”  
She also allegedly told him: “Usinyele too much manje amasimba akho uzo wadla piece by piece [You’ve given us too much shit but now you are going to eat your shit piece by piece].” 

“Under investigation”

Hewetson said that, 10 days after receiving the messages, Ramahlahla received a “visit” from a senior Hawks investigator, Lieutenant Colonel Lesiba Malapile, “and his team” in Polokwane. The lawyer alleges that Malapile told Ramahlahla that he was not going to “win against the general” — an apparent reference to Ntlemeza.  Although the Hawks previously dismissed this as an allegation, Mulaudzi said this week it “is under investigation by the SAPS”. 
On October 9 Ramahlahla, Maake’s wife and a provincial education department official appeared in court after being arrested and charged with contravening the Correctional Services Act for being in illegal communication with Maake. The case has been postponed.  
Asked to comment on Amanda’s messages, Mulaudzi said: “The so-called messages are not DPCI [the Hawks] related.  

“Lieutenant Boitumelo Ramahlahla is a police officer and knows the basics of policing. If he feels threatened, he must open a case at a police station.”
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The M&G Centre for Investigative Journalism (amaBhungane) produced this story. All views are ours. See www.amabhungane.co.za for our stories, activities and funding sources.



Crimes of the South African Police Service

Jozi cops filmed 'abusing' driver: Do you know your rights in SA?
2016-03-16 08:42
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JMPD ABUSE: Motorist Carmen Bell filmed an altercation involving several officers and a fellow road user on March 15 outside the Mall of Africa in Midrand. Image: Carmen Bell via Facebook

Sergio Davids
Johannesburg - An eyewitness captured the moment a road user is shoved by a Johannesburg Metro Police Department (JMPD) officer at the entrance to the Mall of Africa in Midrand, outside Pretoria.

Facebook user,
Carmen Bell, filmed an altercation involving several officers and a motorist on Tuesday (March 15).
Bell said: "So I took this video this morning at the entrance to the Mall of Africa. As I rummaged through my bag to get my phone out, these JMPD members had already punched, pushed and kicked this person to the floor and the tall metro cop was hitting and kicking him on the ground.
"From the video you see how they physically assaulted this person after he refused to be arrested for not having number plates."
Investigation underway
The Justice Project South Africa (JPSA) said: "The latest video depicting JMPD officers abusing a motorist to go viral acutely demonstrates the urgent need for proper training and discipline which exists in the Johannesburg Metropolitan Police Department."
JMPD spokesman Wayne Minnaar said: "An investigation is underway by JMPD Internal Affairs Unit with regards to the video. A statement is needed from the motorist who is involved in the squabble."
Watch the video below:

'We can handle any situation'
Following the video, Bell posted on Facebook: "Wayne Minnaar has made contact to investigate what happened today and I salute him for this. He has stood up for the position he holds and I look forward to seeing this incident addressed. It goes to show that social media is a powerful tool and that if all South Africans work together, we can handle any situation."
Know your rights
Wheels24 spoke to Arrive Alive  and JPSA regarding the incident. What does the law say about driving without number plates? What should you do when confronted with aggressive police officers? We answer these questions and more below:

What does the law say about driving/riding without number plates?
Arrive Alive said: "All vehicles must be licensed, whether on a public road or not. As soon as a vehicle has been licensed, the owner of the motor vehicle must ensure that a licence plate has been affixed to the vehicle in the required manner irrespective of usage, that is, public road or not.
"You may not use a motor vehicle on a public road if the licence plate on the vehicle does not apply to the vehicle itself or where the licence plate is obscured or illegal except where the obscurity or illegality is temporary and was caused by something that the owner had no control over.
"It is clear that the law places an obligation on the owner of a motor vehicle to ensure that the motor vehicle is properly licensed and that the licence plate is displayed accordingly. Failure to do this will mean that the owner is in breach of the National Road Traffic Act and therefore committing an illegal act, which will lead to the owner of the motor vehicle / driver to be fined accordingly. However, should the owner/motorist be able to show that the temporary obscurity/illegality was beyond his control then he or she might be able to escape liability.
What if you've purchased a new, unlicensed vehicle?
Arrive Alive: "Please note that where a motorist has bought a vehicle and needs to have it delivered to the prospective owner, the owner will have a temporary permit issued in his favour so that the vehicle may be used on a public road prior to registration. Please note that a temporary permit is valid for a period of 21 days only."
More unlawful actions filmed
JPSA has reported on several 'unlawful actions' which took place in the clip. The organisation also sheds light on the legalities of number plates in South Africa.
JPSA said: "Quite aside from the assault which took place on video, several other unlawful actions are apparent in this video.
"Firstly, a number plate is clearly visible on the rear of the bakkie (pick-up), thus meaning that the motorist failed to display one of the two number plates a vehicle other than a motorcycle or trailer is required to display.
"This is defined as an infringement in terms of charge code 1210 in Schedule 3 of the AARTO Regulations and prescribes a fine of R500 (R250 if paid within 32 days) to be issued on an infringement notice. The arrest of the motorist and impound of such a vehicle is strictly unlawful in these circumstances.
"The charge code 1211 'failed to affix both number plates of a vehicle thereto' which the metro policeman can be heard mentioning, albeit being terribly badly worded in Schedule 3 means 'failed to display any number plates' on a vehicle requiring two number plates and is defined as an offence for which one can be arrested and brought before a court to stand trial for that criminal offence."
Motorist Carmen Bell filmed an altercation between a motorist and JMPD officials outside the Mall of Africa in Midrand. Image: Carmen Bell via Facebook

What if an officer is being aggressive? What should you do?
Arrive Alive said: "We need to be non-confrontational and avoid physical contact or abusive language at all times. Just as a traffic officers should not be shoving a citizen around, road users should also refrain from laying a hand on traffic officers or using any abusive language. We are pleased to see that the situation has calmed down after the initial physical confrontation. Be respectful to traffic officers just as traffic officers should be respectful to road users in a professional manner in which the need to execute their powers."

JPSA adds: "It is rare for the JMPD to do anything in the absence of a formal complaint from the motorist concerned and its management and spokespersons are all too often extremely quick to jump to the defence of the indefensible actions of abusive so-called 'officers' who see fit to act as thugs and drag all of their colleagues into the stereotypical views that the public holds that all metro police are little more than criminals in uniform."