36/1/4/1/200900037
NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION NO 3
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 12 JUNE 2009
(INTERNAL QUESTION PAPER NO 2 - 2009)
Mr D A Worth (DA-FS) to ask the Minister of Police:
(1) What (a) is the nature of the charges on which certain police members
(names furnished) in Welkom were found guilty by an internal
disciplinary committee in 2009, (b) was the verdict on each of these
charges and (c) was the overall punishment for each person;
(2) whether the (a) verdict and (b) punishment was upheld by the
Provincial Commissioner; if not, why not;
(3) whether the said persons have any other (a) internal and/or (b)
criminal charges pending against them; if so, what are the relevant
details;
(4) whether the said persons have faced any other previous (a) internal
and/or (b) criminal charges; if so, what were (i) these charges and
(ii) the outcomes of these charges in each case?
CW3E
REPLY:
(1)(a) The members were found to have committed misconduct in terms of
the following Regulations:
Charge 1 - Regulation 20(z) - they made themselves guilty of a
statutory offence in terms of section 66(2) of Act 94 of
1996 (National Road Traffic Act), using a vehicle without
the consent of the owner.
Charge 2 - Regulation 20(j) - absented themselves from duty without
the permission of their commander.
Charge 3 - Regulation 20(a) - failed to comply with, or contravened
an Act, Regulation or legal obligation, by searching or
allowing the search of a woman by a male, in contravention
of section 29 of Act 51 of 1977.
Charge 4 - Regulation 20(z) - they made themselves guilty of a common
law offence of robbery.
Charge 5 - Regulation 20(z) - they made themselves guilty of a common
law offence of extortion.
Charge 6 - Regulation 20(z) - they made themselves guilty of a common
law offence of defeating the ends of justice.
Charge 7 - Regulation 20(z) - read with section 3(a) and 3(b)(ii) of
the Prevention of Corrupt Activities Act.
Charge 8 - Regulation 20(a) - failed to comply with basic guidelines
in cases relating to diamond-related matters issued via
minute 43/2/1 dated 1999-11-15 by the Divisional
Commissioner: Detective Service.
Charge 9 - Regulation 20(a) - failed to comply with Standing Order
(General) 333.1.1 by failing to enter particulars of a
seized diamond or precious stone in their pocket books,
completing the Property Register (SAPS 13) or Property
Acknowledgement Register (SAPS13b) and handing in a seized
diamond or precious stone without delay at the Community
Service Centre.
Charge 10 - Regulation 20(a) - failed to comply with the Constitution
of the Republic of South Africa, section 12(4) by
unlawfully and without reasonable grounds detaining Walter
Masethe and Mosiuwa Padi at Welkom police station on Welkom
CAS 440/05/2007, knowing that they were not implicated in
this case and thereby depriving them of their freedom.
Charge 11 - Regulation 20(x) - in that they made false or untrue
entries on a form SAPS 328 in respect of SAPS
14/191/09/2007.
Charge 12 - Regulation 20(a) - failed to comply with disciplinary
regulation 12(4)(d) by refusing to accept delivery of a
notice to appear at a disciplinary hearing.
Charge 13 - Regulation 20(a) - contravened this regulation in that
they failed to comply with disciplinary regulation 12(4)(d)
by refusing to accept delivery of a notice of suspension.
(1)(b) Guilty on charges 1 - 11.
Not guilty on charges 12 - 13.
(1)(c) Dismissal for each member.
(2)(a) Yes, the Provincial Commissioner upheld the verdict.
(2)(b) The Provincial Commissioner varied the punishment/sanction to a
suspended dismissal for a period of six months based on the fact that
-
the Discipline Regulation 2006, Regulation 16(2) provides that upon
receipt of the report from the Presiding Officer, the Provincial
Commissioner may vary the sanction by either reducing or setting it
aside depending on facts presented before him.
(3)(a) No.
(3)(b) Yes, Theunissen CAS 80/09/2007 - (1) armed robbery (2)
corruption (3) extortion (4) defeating the ends of justice (5)
indecent assault
(4)(a) Yes.
(i) One of the members has the following previous internal charges:
- Guilty of failing to keep a weapon safe
- Welkom CAS 59/04/2002 - corruption
- Welkom Regulation 20(1)(c) - failing to perform his
functions properly
- Regulation 20(21) - neglecting his duties
(ii) - Given a written warning
- Found not guilty
- Found not guilty
- Found not guilty
(4)(b) Yes.
(i) - Welkom CAS 326/05/2006 - theft / defeating the ends of
justice
- Welkom CAS 325/05/2006 - defeating the ends of justice
- Welkom CAS 07/08/2005 - fraud
- Welkom CAS 371/04/2005 - failing to keep a weapon safe
- Welkom CAS 72/01/2005 - theft / defeating the ends of
justice
- Welkom CAS 250/08/2004 - assault
- Odendaalsrus CAS 130/11/2003 - assault
- Thabong CAS 111/02/2003 - assault
- Welkom CAS 386/06/2002 - defeating the ends of justice
- Welkom CAS 59/04/2002 - corruption
(ii) - Found not guilty and discharged
- Found not guilty and discharged
- Director of Public Prosecution declined prosecution
- Found not guilty and discharged
- Director of Public Prosecution declined prosecution
- Director of Public Prosecution declined prosecution
- Director of Public Prosecution declined prosecution
- Director of Public Prosecution declined prosecution
- Director of Public Prosecution declined prosecution
- Found not guilty and discharged
Reply to question 3 approved by Minister