Acting police minister Firoz Cachalia has assured parliament that the South African Police Service (SAPS) is taking steps to strengthen the disciplinary regulations it uses against badly behaving men and women in blue.
This comes amid criticism by MPs and other stakeholders that the SAPS disciplinary framework is soft on its members, especially senior officials, after it found no wrongdoing on the part of the head of the Presidential Protection Services, Wally Rhoode, President Cyril Ramaphosa’s number one protector.
This was despite adverse findings against him by the Independent Police Investigative Directorate (Ipid), the police watchdog body, over his role and alleged unlawful conduct in the Phala Phala farmgate scandal. The same code was used last year to clear the bodyguards of deputy president Paul Mashatile in an infamous assault of a civilian on the N1.
Tabling his R127bn budget in the National Assembly on Tuesday, Cachalia conceded that how the SAPS managed disciplinary matters involving senior managers had the potential to erode public trust in the criminal justice system.
“Discipline and accountability are fundamental to rebuilding public confidence in policing. The SAPS is reviewing the disciplinary regulations to improve effectiveness of this function,” said Cachalia.
My view is that where members are facing serious criminal charges, they should be removed from operational policing duties while due process unfolds. Those convicted of offences involving dishonesty, corruption or violent crime, including rape, must face mandatory dismissal from the organisation. Whistleblower mechanisms should also be strengthened to encourage the reporting of corruption and criminality within SAPS.
— Firoz Cachalia, acting police minister
“The disciplinary system must be seen to be consistent, fair and efficient by police members and the public. Our objective is to build a disciplined, professional and ethical police service that commands public confidence and supports honest police officers in carrying out their duties effectively.
“My view is that where members are facing serious criminal charges, they should be removed from operational policing duties while due process unfolds. Those convicted of offences involving dishonesty, corruption or violent crime, including rape, must face mandatory dismissal from the organisation. Whistleblower mechanisms should also be strengthened to encourage the reporting of corruption and criminality within SAPS.”
Cachalia also indicated that SAPS procurement regulations were being tightened following revelations at the Madlanga Commission of Inquiry involving hundreds of millions of rand in public funds.
He also told MPs that a new strategy on tackling organised crime would be released in the coming months.
While they supported his budget vote, MPs remained sceptical.
The DA’s Ian Cameron, who also chairs the police portfolio, decried the state of poor resource allocation to police stations to fight organised crime units in the gang violence-infested Western Cape.
Cameron was also unhappy about the SAPS’ handling of cases of its senior managers embroiled in allegations of wrongdoing.
“No one in SAPS or any other structure should be considered above the law,” said Cameron.
“Lifestyle audits cannot be a paper exercise and vetting cannot be selective. Outside remunerative work controls cannot be ignored. Disciplinary case cannot go on until the public forgets.”
The MK Party’s Mzwanele Manyi also weighed in, arguing that the SAPS was more strict on ordinary citizens, while “insulating political elites” from accountability.
“That is dangerous for constitutional accountability. The MK Party warns that selective accountability destroys public trust, not only in Ipid but in the entire criminal justice system.
“The constitutional principle is simple, proximity to power cannot become immunity from scrutiny. That is why Ipid must be strengthened institutionally, financially and operationally, but above all protected from political interference. We argue as MK Party that Ipid must report directly to parliament, not to the minister.”
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