Will Mashatile's 'skop en donder' guards get away with mild reprimands

No action was taken against a third of cops who were referred for disciplinary processes for misconduct by the police watchdog. 

This, as the country awaits with anticipation to see what will happen to deputy president Paul Mashatile’s VIP protectors who were seen in a video assaulting military trainees on the N1 at the weekend. 

On Tuesday, national police spokesperson Athlenda Mathe said the officials involved in the incident had been identified and would be subjected to internal processes.  

Meanwhile, an annual report by the Investigating Police Investigative Directorate (Ipid) shows that officers who have been found guilty internally were slapped with warnings for serious charges including rape. 

The 2021/22 report details how 155 of the 477 cases referred to SAPS were never acted upon. 

Ninety-nine officers were found not guilty.

There were 190 found guilty, with their sanctions ranging from verbal warnings, docking of salaries or dismissals.

The sanction for common assault would range between verbal and written warnings based on Ipid statistics.

In one instance, an officer was found guilty of causing death and was referred for corrective counselling.

Another cop found guilty in a disciplinary hearing for rape was given a written warning.

The report shows 21 officers were criminally convicted following Ipid’s referrals to the National Prosecuting Authority. Their sentences for crimes such as assault GBH, corruption and causing death ranged between six months to 22 years in prison. 

A law expert told Sowetan that Ipid was “toothless” because it doesn’t have the power to impose its recommendations on police.  

Ipid spokesperson Robbie Raburabu said investigators were trying to convince victims of the Mashatile’s protectors to open a case. 

“Ipid investigators have already been in contact with the family members of the victims so that they could be assisted in laying charges. Engagements are underway to also get the employers of the victims to assist with the investigations,” Raburabu said.

Raburabu said the victims told them they would need to open a case with the military but he was uncertain why.  

The video, which shocked the nation, shows Mashatile’s armed protectors dragging the motorists out of their vehicle and severely assaulting them before jumping back to their convoy of state vehicles.

On Tuesday, Mashatile’s office said he was not on the scene when the incident happened.

“Members of the SAPS are meant to uphold and protect the fundamental rights of every person and exercise the powers conferred upon them in a responsible and controlled manner,” he said.

Law expert Adv Deon Pool said while Ipid is a credible structure to deal with police who conduct themselves as if they are a law unto themselves, the directorate has limited powers in ensuring accountability. 

“Ipid doesn’t have any teeth. They don’t have the power to impose their recommendations and that is the problem and that defeats the whole purpose of their existence as a watchdog. It is unless I as member of the public take it to go to court and force the minister of police to take notice and implement. 

“In other words, there is a structure and there is a mechanism to determine accountability, but clearly those recommendations are purely a suggestion. And depending on who is involved or who the recommendation is aimed at, it is clear to me that the suggestion is simply ignored because of some connection or some relationship that may exist on ground level between the person involved and those who are meant to discipline them.

“...to what extent are they able to enforce their findings and recommendations to promote accountability."

He said public confidence in police accountability was low and part of the reason was a lack of transparency in disciplinary processes. 

Raburabu said Ipid was trying to strengthen the law to ensure that SAPS implemented their recommendations on alleged police misconduct.  

“We need to strengthen the Act so that the Act doesn’t give them (SAPS) a leeway [not to implement Ipid recommendations. Once they [SAPS] say they are not doing anything there is nothing that we can do.”