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Sat May 25 16:39:08 SAST 2013

'Predator police' in reign of terror

GRAEME HOSKEN | 30 April, 2012 00:08
Sifiso Makhubu, of Phiri, Soweto, succeeded in suing the police for wrongful arrest and torture Picture: LEBOHANG MASHILOANE

An unprecedented assault by police using unrestrained violence in hunting down criminals is exploding across South Africa.

With pressure mounting on the police to reduce crime and push up conviction rates, officers are pushing the boundaries, leaving hordes of physically and mentally tortured victims in their wake.

With experts warning that torture - which when revealed has a severe adverse effect on prosecutions - is on the rise, many say the line between the police and the criminals is blurring.

For Sifiso Makhubu, torture is something he knows only too well.

Accused of the murder of a Johannesburg policeman three years ago, he and four friends endured nearly 12 hours of agonising torture.

"They beat us. The more I pleaded with them to stop, the more they continued," he said.

With his hands handcuffed behind his back to his ankles, his assailants sprayed him with water and pulled a tyre tube over his face.

"They were doing it to all of us. While they would tube one they would spray us with water and shock us with tazers all over . on our faces, between our legs, everywhere.

"They would tell us we were going to die."

After three years, Makhubu's terror has not ended.

His attackers, still based at the same police stations, often greet him when they see him in the streets of Soweto.

"Nothing has happened to them. I won my case against them but they continue to work. They greet me and ask me how I am doing. I am petrified that something will happen, that this time I will never come home," he said.

Peter Jordi, of the Wits Law Clinic, said the police were predators who, with unrestrained violence, hunted down suspects.

Jordi, pointing to shelves of torture case files, said the violence and power associated with torture gave the police a sense of immunity.

"They have become masters at what they do. After 1994 there was an increase in torture which subsided until the 2000s. Since then there has been a definite increase of unprecedented violence from beatings, electric shocks, near drownings to detention without trial.

"Our law enforcers' string of barbaric actions to find their suspect often results in minibus loads of people being tortured before the right suspect is found.

"Torture is occurring en masse with children falling victim.

"Torture is spiralling out of control. It is happening everywhere with those involved simply moving from one police station to another when caught," he said.

Leading forensic pathologist Reggie Perumal said torture was increasing because the police were paralysed in trying to deal with crime.

"Crime is running away and in the frustration, especially in Gauteng, to bring it under control police are turning to torture.

"From the number of private cases I get it is clear that torture and the violence associated with it, especially in terms of electrocutions with tasers, cattle prods and live wires, is increasing," he said.

Independent Police Investigative Directorate spokesman Moses Dlamini said he could not say if torture was becoming more prevalent and also not say if police management was taking torture seriously.

"There are cases in which officers arrested for torture are, the very next day, promoted. The biggest problem is that torture is not a crime. Instead, a policeman who is a suspect in a torture case is charged with assault with intent to commit grievous bodily harm.

"In our legislation there is no such offence as torture. Draft legislation, which will criminalise torture, has yet to be passed.

"Because torture has not been defined we simply don't know the exact number of offences," he said.

Jacob van Garderen, of Lawyers for Human Rights, said his organisation was "gravely concerned" by the number of cases reported to it.

"What is happening is horrific with cases remaining unresolved for long periods.

"Mechanisms to investigate torture are severely under-developed and under-resourced.

"Though South Africa ratified the UN convention against torture, and is compelled to investigate torture, it has yet to ratify the protocol on the convention against torture which would lead to the establishment of oversight bodies for all places of detention," he said.

Amanda Dissel, the Association for the Prevention of Torture's South African delegate, said it was worrying that South Africa had yet to criminalise torture.

"This is precisely why we see such a recurrence of torture.

"There is a problem in South Africa in ensuring that torture cases are dealt with, with the seriousness they deserve."

Police spokesman Brigadier Lindela Mashigo hit back by saying torture was condemned.

"Respect of human rights is part of [police] training."

SHARE YOUR OPINION

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Timbuck9

Posted 390 days ago
Avatar
Look who 's running (sic) the country!!!!!

South African Police Service, has more CRIMINALS than society can possibly muster up!

This is the end result of CRONYISM......... will never work!

OBigOneKenobi

Posted 390 days ago
Avatar
Tough problem, reducing crime in SA. I don't think the police alone can do it. People need something to believe in, credible hope of a future - something they feel they can lose. Without that, there's no incentive to "be good". Instill the will to "be good" somehow, and you'll cut crime by half. All the police are doing is running around and desperately mopping up at the moment.
Avatar

BornintheRSA

Posted 390 days ago
And Freedom Day was just that for thousands of criminals - just because the prisons are full and space needs to be opened up for others. Wow ! As you say, no incentive to be good.
It can't be too difficult for Zuma to find and appoint an ethical, moral and law-abiding example citizen to head up the police - should he have the political will to do so.
Avatar

keith.r

Posted 390 days ago
absolutely right, it will take the mental change of hope and positive results both from the community and the police. Policing can be done correctly if insisted on and the community must play an active role in this. Now is the time to start

Ozgood

Posted 390 days ago
Avatar
OBigOneKenobi and BornintheRSA

You have both made extremely valid points

Listening to Alan Heyle on 702 early this morning he pointed out the difference between rehabilitation in UK prisons and SA prisons.

Until we reach a state of higher human development and people think there is something to live for, other than crime, we will continue to have this affliction



the_original_MommaCyndi

Posted 390 days ago
Avatar
Well its not like they really have many tools other than panelbeating witnesses. Its not exactly NCSI standards when it comes to the forensic labs and the cops don't have 18 months grace period to get basic fingerprint info before the community goes all Death Wish 4 on the suspects.

The entire criminal justice system needs to be re-invented in SA. The communities don't trust the cops, the cops don't trust each other and nobody is too impressed with the prosecution service or the wrist slapping of the judicial service. We can't talk about the rehabilitation system as there is none to talk about. Crime intelligence is too busy infighting and politicking to care and the sods who do get put away end up back on the streets again quicker than two shakes of a duck's tail. How does any of that motivate criminals to behave or cops to reject bribes?
Avatar

UDFSupporter

Posted 390 days ago
Sorry to have to disagree with you but there is nothing wrong with the criminal justice system. The problem lies in the ANC's political appointments who would not be able to manage a tiny shebeen. They have zero relevant education or training and we expect these ignoramussses to recruit and manage thousands of functionally illiterate black township dwellers as constables, give them firearms and a badge and let them loose on our own people.
Avatar

the_original_MommaCyndi

Posted 390 days ago
The justice system consists of all the parts of the whole. It includes the police (a third of whom are unfit to have a firearm), those who police the police (the department who has no staff), the laboratories (who are understaffed and working on equipment left behind by Noah), the training (LOL), the NPA (oh double LOL), the judges (who think a 5 year sentence is justice for the rapist of a 6 year old), the prison service (who are making a fortune out of opening gates), the parole board (who sit upon a political agenda), the parolee overview (which is completely non existent).

Not a single tier of that is working effectively or efficiently.

johnwayne

Posted 390 days ago
Avatar
I think like the roads and rail, the Government should sell off the Public Policing Service to Private Profit as they are busy doing in the UK and US. Corporate driven public Utilities is the way the world is going...just look at how efficient Metro Rail is. At least the criminals will have more rights and protection under Corporate laws and if not, it would be spun away by the corporate media. It's win-win.

MsLee

Posted 390 days ago
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OMG! Just another symptom of a system in a state of chronic and progressive failure ...

a_stub_born

Posted 390 days ago
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.......Just training before becoming members of the Pretorian TonTon Macoutes Batallion, His Excellency Inc. Personal Guard and Citizen/Pest Control..............

987654321

Posted 390 days ago
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Every one is complaining about police brutallity, yes do not take the law in your own hands, but ensure to ENFORCE the law. The police had no difficulty enforcing the law when it was the SAP, but after becoming the SAPS, all hell broke loose. People are very eager to point fingers at the SAPS, crucifying them, giving them the blame for all. What about the victims in cases reported. I do not see any comments about the brutallity or plain inhumane ways victims are going through on a crime scene. Old people being burned with boiling kettle water, children being raped and then stabbed to death or beaten to death. NO, this is normal, and the poor criminal is doing all of this within his rights. I wish I could be at your house when you walk into the room and find your wife, child, grandmother or any other family member killed in the most horrific way imagined. What will you do, tell another criminal I forgive you and let him go out on the street to do it again, because he was hungry, bull dust, he had the intention to kill.
Have any of you, the finger pointers and the SAMARITANS, ever heard a child crying next to the lifeless body of his/her mother, NO, you havn't. Something to think about hey. Police brutallity is not right, but once you have seen and heard the cold hard truth, you WILL think again, before pointing fingers to the people doing the least appreciated job in the world. Whenever someting goes wrong in your life, who do you call, not the Ghostbusters, you call the POLICE, and THEN they are the best in the world. I wich the police had a way of knowing who is the people blackwalling and there was a way of telling that person SORRY we can not attend your complaint, for you are against the police. What will you do then, complain again for they do not want to help you, but you know what, even if they know it was you, they will still attend your complaint, how mistermeaner it may be, they will not turn a blind eye and they will still treat you with respect and will feel your pain................
Bruatal police hey !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
( Coming from a person whom has never had the privilidge of being a police officer)
To all cops, you are doing a fantastic job, my heart goes out to you and I wish more could be done to ensure you go home safely to your loved ones after a day of seeing all that is ugly.
Thank you for your work and always being ready to help all, even when you are critisized.