Showing posts with label Riah Phiyega. Show all posts
Showing posts with label Riah Phiyega. Show all posts

Thursday, September 11, 2014

Marikana Commission: Riah Phiyega's impossibly hazy memory

National Police Commissioner Riah Phiyega appeared at the Marikana Commission on Wednesday to clarify questions on how decisions were made from the top. Instead, she further tarnished the SAPS position in the inquiry, painting top officers as uninterested in operational matters and effectively laying the blame at the feet of ground commanders. By GREG NICOLSON.

Riah Phiyega listened to chairman Ian Farlam. “You swear that the further evidence you give to this Commission will be the truth, the whole truth and nothing but the truth?” In a floral skirt, teal blouse and blazer, with matching pearl earrings and necklace, Phiyega agreed.

The national police commissioner appeared in front of the Marikana Commission again on Wednesday for the last time before the inquiry wraps up. As the top cop in August 2012, when 34 mineworkers were killed in a single day and 10 people were killed in the preceding week, Phiyega's testimony is crucial to the Commission's goal of pursuing truth and restorative justice. She is ultimately responsible for the police operations. She's also the link between alleged political influence and SAPS actions.

On Wednesday, however, Phiyega stonewalled Farlam who for most of her appearance quizzed her on issues that either hadn't been resolved or had come to light since Phiyega's previous lengthy appearance. To most questions, she simply said she doesn't remember what happened over two years ago. In her silence, she painted a picture of a leader unwilling to cooperate with the inquiry, senior police officers who failed to perform their duties, and an SAPS that has tried to mislead the Commission.

Farlam wanted to talk about the extraordinary meeting of the police management forum on 15 August when top provincial and national officers discussed Marikana. It was in this meeting when the decision was taken to implement the disperse, disarm and arrest plan the next day, which ultimately led to the massacre. Incredibly, the police didn't hand over any evidence of the meeting nor mention it when they made their submissions to the Commission. It only came out later.

“You're now seriously stating we would be in error if we find SAPS didn't cooperate [with the Commission]?” Farlam put to Phiyega. Only after a third party pointed them towards the meeting did the Commission find out about it. There was nothing untoward, she claimed, and when requested, they admitted the meeting took place. “It certainly appeared to us to be a secret when it came out at a later stage,” said Farlam.

Phiyega agreed the Marikana strike was the most challenging public policing situation during the democratic era, but she could not remember details of the meeting which approved the plan to tackle it. In the hour-long session on 15 August 2012, North West Provincial Commissioner Zukiswa Mbombo made a presentation for 10 to 15 minutes and the SAPS from different provinces also discussed sharing the necessary resources for the operation. Beyond that, Phiyega said she didn’t have a “photographic memory” and could not remember “pedantic details” about what happened in the meeting.

“It's very important for us to know why the decision was taken to proceed on Thursday morning,” said Farlam. “It's important for us to find out was exactly was said.” Phiyega didn't help, but she was clear about what didn't happen in the meeting. While most of the country's provincial police commissioners were present, some of whom come from policing backgrounds, Phiyega said no specific details of the plan to confront the mineworkers were discussed before it was approved.

“Are you seriously suggesting that the meeting endorsed the proposal without knowing what the details of the response were?” asked Farlam. Phiyega's response was that police know how to conduct disarming operations and they're are essentially the same. She said this despite two officers being hacked to death when a disarming operation went wrong on 13 August. Incredibly, reflecting on the meeting on 15 August, Phiyega could not recall any of the country's top police officers raising the fear of further bloodshed while they decided to approve the plan.

While shocking, it also seems extremely unlikely given the volatile situation in Marikana at the time and widely publicised problems with policing protests. Yet if Phiyega acknowledged they knew and spoke about the dangers, the next question is, so why did they implement the plan, or why this plan, and why wasn't greater precaution taken?

Farlam, however, seemed shocked. “The fact that the proposal was endorsed by the meeting, the fact that the people there all agreed to make resources available as required, surely means that they cannot evade responsibility and say, 'We knew about the plan. Sure go ahead. We'll make resources available. And if it goes wrong because it's managed badly or defective planning, that's nothing to do with us.' Surely there comes a time when responsibility must rest with those people in that meeting as well.”

He was equally surprised that Phiyega had no recollection of a conversation with SAPS expert witness Cees de Rover about political influence on police decisions at Marikana. “My questions have been straightforward on the issue; the answers have not been,” De Rover said last week, claiming Phiyega was evasive. Farlam said surely she would remember being asked if political pressure played a part in the death of 34 people in a day. Phiyega said she couldn't remember and refused to engage the chairman's questions.

Already evasive and difficult, the national police commissioner's credibility was shot when Farlam brought up the review panel. When Phiyega had appeared at the Commission before, she was asked whether the SAPS had established a review on certain issues related broadly to Marikana and Phiyega said she had not. But when a police hard drive was analysed, it emerged a review panel had been established and Phiyega's signature was on the call up instructions. No evidence the panel existed was voluntary handed to the Commission by the police despite their commitment to do so with all relevant information at the start of the inquiry.

It is impossible to look at Phiyega's cross-examination on Wednesday and believe she's being honest.

While she plays the amnesia card and tries to distance the country's top officers from the details of the plan to confront the miners, she opens up herself and other officers to allegations of incompetence and dereliction of duty. But by doing so she shifts the greater responsibility to the commanders on the ground who she says the SAPS relied on.

Phiyega is also putting a wall between the police and the politicians who got involved in Marikana. Last week, De Rover, a policing expert who has worked in over 60 countries, said he couldn't fathom a situation where politicians were not involved.

If there was any doubt that Phiyega was untruthful, Advocate Dali Mpofu showed her the transcript between the SAPS's Mbombo and Lonmin's Bernard Mokoena on 14 August 2012. In relation to the police ending the strike, the two speak of Cyril Ramaphosa, Julius Malema, the pair's relationship in the ANC disciplinary committee, problems with Malema potentially ending the crisis, and nationalisation of the mines. Asked about the political nature of the discussion and whether it is legal for the SAPS to use policing operations to influence party politics, Phiyega responded, “What's political about this?”

“They could have used different words, but what I hear is people who are interested in ending a protest.”

Let us say it once more: It is impossible to look at Phiyega's cross-examination on Wednesday and believe she's being honest. DM

Source: Daily Maverick

Thursday, January 30, 2014

Limpopo's fierytale: the people vs. the police, Armageddon style

On the day Robert McBride secured a nod in Parliament to lead police watchdog Ipid – and while more denials were heard by the Farlam Commission – news broke that officers in Limpopo shot dead two more protesters in a chaotic stand-off. This brings to eight the number of protesters killed this month alone. ALEX ELISEEV asks what it will take to make the police realise that its relationship with communities across South Africa is in a fiery tailspin.

The numbers are as mad as the story is startling: One satellite police station in the Relela village outside of Tzaneen, Limpopo. Twenty officers defending the outpost. Between 1,500 and 2,000 protesters “attacking” the station with stones and petrol bombs. Some 2,050 rounds of rubber bullets fired before the switch-over to live ammunition. Fifteen officers injured in the battle. Three of them left in a critical condition. Nineteen police cars damaged or destroyed. Two protesters shot and killed during the clash.

The images flooding your mind right now are probably closer to what South African soldiers endured in the Central African Republic rather than what police officers should be dealing with in a war-free, democratic country.

The question that pierces through all those figures is: how angry does a community have to be – what kind of hatred must be festering – for hundreds of people to come together and overrun, by force, their local police station? To try to obliterate the place that houses men and women who’ve taken an oath to protect you. We know too well the evil that lurks inside a mob, but this was an outright storming of a sacred castle.

Unlike with the Marikana bloodbath, there were probably few or no cameras filming the latest clash. The details still have to be investigated by the same organisation that Robert McBride – one of the country’s most controversial policemen – will soon be leading. But even on the police’s own version, what happened in Relela does not belong in post-Apartheid South Africa.

Granted, what happened there was not a routine service delivery protest over water or electricity that spiralled out of control. The circumstances were different. A local woman was killed and mutilated and the community wanted those responsible to be arrested. Police took a couple of suspects in for questioning but when they were released, their neighbours went on the rampage, burning down their homes. When the police intervened, a teenage boy was shot and killed. His death, in turn, became the magnet that drew the crowd to the Relela police station on Tuesday night.

Limpopo police claim that anyone in the same situation (the situation the officers were in) would have done the exact same thing. The crowd had broken through into the station’s courtyard and were out for revenge. Judging by the damage, there’s every reason to believe that the officers may have been genuinely terrified and thought their lives were in danger. They probably were. Those attacking the station were committing a criminal act. There’s also evidence that the police officers did their best to push back the mob, using thousands of rounds of rubber bullets.

But the issues here run much deeper, the main one being: how did it get to this? How did we reach a crisis which the police, and police minister Nathi Mthethwa, think they can talk their way out of? (Which, of course, they can’t).

Too much blood has been spilled. Too much horror witnessed. The list has been mentioned over and over again: Marikana, Tatane, Macia, Mothutlung, Durban Deep… For way too many people the police have become the enemy.

The cold, hard truth is that the level of violence we are seeing now is the consequence of earlier decisions. Decisions which ranged from bad to catastrophic. Remember the “shoot to kill!” and “maximum force” rhetoric spewing out of Bheki Cele’s mouth (which went viral). Or the decision by Jackie Selebi to reconfigure the Public Order Policing, leaving it in shambles. And, as a show of force, the re-introduction of military ranks.

But worst of all have been the decisions, one after the next, to send in civilians (political appointments) to lead the police. The latest, by President Jacob Zuma, was Riah Phiyega, who has so far had a disastrous run (some of it was not her fault, and some of it was).

The Institute for Security Studies – the think tank which the police loves to ignore – says all indicators show that police brutality is rising, public trust in the service is deteriorating and there doesn’t seem to be any real plan to reverse either of these trends.

Asked whether we can expect more bloodshed, the ISS’s Gareth Newham says: “I hope not. But we will continue to see growing anger and discontent and a breakdown of the relationship.”

He adds: “Warnings were ignored and now we’re seeing the consequences.”

The reality on the ground is complex. The balance between crushing violent crime or policing tense protests while respecting human rights is a delicate one. No one is saying it’s easy. Then there’s the politics, corruption, shadowy alliances and the unholy mess in units like Crime Intelligence (which Phiyega is now trying to clean up).

The time has come for drastic action. Possibly a complete overhaul of the Public Order Policing (POP). The unit needs an injection of officers and strong, accountable commanders. A message needs to cascade through the ranks that says that anyone who steps out of line, who loads up their shotgun with buckshot or fires without an order, will be punished. Officers need to be better trained. And all of this needs to be communicated to the public so that perceptions can begin to change. Maybe even hold a public commission of inquiry into the POP, diagnose the problem and fix it.

It’s time for Mthethwa to go beyond sending out media statements and praying with families of victims. He needs to take meaningful action. It’s time for President Jacob Zuma to step up. If he can find the time to congratulate Ladysmith Black Mambazo on a Grammy or the Bantu Church of Christ on its centenary, spur on the Matrics or defend eTolling, he can get stuck into this crisis. And by that we mean do something more than establish a task team. After all, the storming of a police station is about as close as you can come to true lawlessness.

Newham describes what happened in Relela as a “new development”. It’s much more than that. It’s a wake-up call, a short in the circuit of democracy. A signal that the relationship between police and civilians can’t be that of a state of war or a violent occupation. History teaches us how people, countries, respond to that.

When Phiyega visited the community on Wednesday, angry residents were shouting at her, demanding to know who gave the order to kill? She did her best to restore calm to the area, but she was up against a hostile crowd.

The police may be under attack, but they have to start earning back the trust. Showing the public that they are not the enemy. When what happened in Relela becomes a reality, you’ve waited too long to act. DM

Source: Daily Maverick

Monday, December 2, 2013

Mdluli wins bid to appeal charges ruling

Suspended police crime intelligence head Richard Mdluli, the National Prosecuting Authority and the Specialised Commercial Crime Unit may appeal against a ruling that charges against him must be reinstated, the high court in Pretoria ruled on Monday.

Freedom Under Law (FUL) did not oppose the application, and said the matter concerned issues of significant public importance which ought to be aired in the Supreme Court of Appeal.

An application by the public interest group to revive a previous interim interdict stopping Mdluli from returning to work would continue only at a later stage.

National police commissioner Riah Phiyega has agreed to give the FUL 30 days' notice if she wants to reinstate Mdluli.

The FUL said it reserved its rights to approach the court again.

Deputy Judge President of the high courts in Johannesburg and Pretoria Aubrey Ledwaba granted leave to appeal against Judge John Murphy's ruling in September in favour of the FUL.

Decision set aside

Murphy had set aside decisions to withdraw charges of money laundering and murder, and disciplinary proceedings, against Mdluli.

Ledwaba said there were compelling reasons to grant leave, and there was a reasonable prospect that another court might come to a different conclusion.

Considering the importance and complexity of the issues, the Supreme Court of Appeal in Bloemfontein would be the correct court to deal with the matter.

Ledwaba said Murphy was not available to hear the application. The application for leave to appeal began before Murphy in October, but due to "some unfortunate altercation" between him and William Mokhari SC, Ledwaba intervened and postponed the matter indefinitely.

The altercation started when Mokhari, who represented the police commissioner, told Murphy it was presumptuous to ask if Phiyega intended reinstating Mdluli.

Murphy repeatedly told Mokhari to sit down and when he refused, Murphy walked out of the court. Mokhari, who is the chairperson of the Johannesburg Bar Council, has since laid a formal complaint about the judge's "demeaning" remarks with the Judicial Service Commission. – Sapa

Friday, November 30, 2012

Bluster is no cover for state’s excess and drift

TO EVADE detailed explanations over gargantuan government spending on his rural hacienda, President Jacob Zuma and his acolytes have evoked everything from state secrecy and executive dignity to emotive claims about rural tradition and white prejudice. It’s a scatter-gun approach. Inconsistency seems to be developing into a defensive Cabinet habit. This succeeds only in tying the government into ever knottier complications.

When ministers begin to contradict each other, and sometimes even themselves, it betrays an increasing lack of central direction and conviction. Recently the government, despite a preoccupation with the "secrecy bill" and snooping foreign agents, has successfully exposed its own worst blunders. Police Minister Nathi Mthethwa resorted to court in an attempt to prevent an inquiry into policing in Khayelitsha, instituted by Western Cape premier Helen Zille at the request of community organisations. Mthethwa dismissed Zille’s commission as "politicking" and claimed there was no problem with vigilante murders in Khayelitsha.

Yet a report by national police commissioner Riah Phiyega, ironically lodged with Mthethwa’s own court papers, revealed there have been 78 vigilante killings in Khayelitsha in less than a year: an average of six a month. You don’t really need a vexatious official opposition when the government itself is quite capable of exposing its own "politicking" — and even provides the irrefutable evidence.

This was followed by a heated dispute about how many Gulfstream jet flights, at a cost of R200,000 a trip, Lindiwe Sisulu took when she was defence minister. Democratic Alliance MP David Maynier alleged she had taken 200 such flights between Cape Town and Pretoria. Sisulu, who is now the Minister of Public Service and Administration, replied that she used the luxury jet only 35 times and accused Maynier of having "a flea-infested body".

The question is: where did those irritating fleas come from? Maynier was never able to elicit particulars of Sisulu’s travel arrangements when she was in charge of defence, because she claimed such information was a state secret. Instead, he got his information from Sisulu’s Cabinet colleague. Defence Minister Nosiviwe Mapisa-Nqakula said her predecessor took 203 executive-jet flights. In other words, Sisulu blamed a mere oxpecker for ticks and fleas that originated from the ox itself: another sign of a government in disarray.

It is catching. Earlier this month, the South African Democratic Teachers' Union (Sadtu) issued a "stern warning" against civil society groups that have resorted to court action over the Limpopo textbook fiasco. Sadtu, claiming it could resolve this textbook issue, denounced the groups as "imperialist neoliberal forces … used as proxies to pursue certain political agendas". Two weeks later, Sadtu in Limpopo issued a statement expressing doubt that the Department of Basic Education could deliver school textbooks in time for next year.

The champion of this hydra-headed style is Agriculture, Forestry and Fisheries Minister Tina Joemat-Pettersson. During the farm unrest in the Western Cape, she sounded like rivals furiously at odds with one another: Joemat the fiery revolutionary versus Pettersson the bungling government functionary.

The strikers had "won", she thundered, because they made the government listen. And the deafest culprit? As minister responsible, herself. So if farm protests reignite next week, will Comrade Joemat chuck rocks at Minister Pettersson?

Above all, no sooner was there a row over whether Zuma had taken a bond on his rural domain than his friend and former funder, Vivian Reddy, rashly declared that Zuma should be commended for choosing Nkandla when he could pick the plushest areas in the country. That boast neatly drew attention to the fact that, at a cost of more than R250m, the president’s homestead, per square metre, probably is the nation’s plushest area.

Along Cape Town’s Atlantic seaboard, you can pick up an ocean-facing mansion with six bedrooms, staff quarters, infinity pool and similar status symbols for R20m. At the Nkandla rate, you could buy 10 of those in Bantry Bay, Camps Bay and any other bay — and still have enough left for a 1,119ha game farm in KwaZulu-Natal plus a brace of helicopters.

No amount of bluster about disrespect, foreign agents or covert agendas can make up for infighting, excess and drift.

It is no way to run a country. It is no way to end inequality.

Source: Business Day

Thursday, November 29, 2012

SAPS Crime Intelligence: frozen in the political winter of Mangaung

The spy wars in the police’s embattled crime intelligence division are at the heart of a relentless struggle for control between political factions, each fighting to get its man into the much sought-after seat of spy master. Not unlike the Apartheid regime’s security branch, crime intelligence is a notoriously powerful instrument for government, as the eyes and ears on not only the criminal activities of mob bosses, but also the politicians and businessmen with whom they are connected. As this silent battle in the murky world of spies plays itself out in the final days on the road to Mangaung, combating crime has taken a back seat, writes DE WET POTGIETER.

The police’s crime intelligence division – in theory the backbone of crime prevention and the effective combating of crime in South Africa – appear to have become so politicised with factional in-fighting that this expert unit have suffered from paralysis since the struggle for the top post as spy master intensified last year.

“The spy bosses at crime intelligence headquarters in Pretoria are sitting on their hands, too afraid to make a wrong move in the run-up to Mangaung, in case it jeopardises their future in the police.”

That’s how well-placed intelligence sources describe the sensitive circumstances surrounding them.

In the latest saga of dirty tricks in Spy versus Spy – which was a closely guarded secret until now – Daily Maverick can reveal that the Toshiba laptop of acting head of crime intelligence, Major-General Chris Ngcobo, mysteriously disappeared from the boot of his car, together with sensitive intelligence documents.

In a handwritten sworn statement, Ngcobo’s official driver, Ernest Masemola, said he stopped on 24 September with a Ford Focus in Esselen Street, in Sunnyside in Pretoria, to pick up photographs from Photo Plus. From there he travelled to the Brooklyn Mall and then drove Ngcobo to Doornpoort in the north of Pretoria.

“I parked the car outside [with] my commanding officer, Major-General Chris Ngcobo, [and we] both got out of the car. We walked together to the boot of the car and when I opened it we discovered his laptop was missing.”

Police spokesperson Brigadier Phuti Setati declined to comment on the incident.

Ngcobo, a former head of Protection and Security Services in the Free State and a former head of VIP Protection, was appointed as acting top police spy by national police commissioner Riah Phiyega “to bring stability” to crime intelligence after the position was vacated following the suspension of controversial former intelligence chief Lieutenant-General Richard Mdluli.

Both local and foreign intelligence sources voiced their concern to Daily Maverick that soon after his appointment, Ngcobo suspended – until after the Mangaung conference is done and dusted – all official authorisation of telephone tapping for agents working on deep cover operations within organised crime syndicates. This ban on surveillance was recently eased somewhat after an investigating advocate from the prosecuting authority intervened.

According to senior colleagues, Ngcobo is sitting with an explosive docket regarding one of his predecessors as acting head of intelligence – and the main rival of Mdluli to this top post, Major-General Mark Hankel – without taking any action. It has been reliably learned that the dossier recommends that action be taken against Hankel regarding the following two issues:

  • The leakage of information;
  • The illegal interception of telephone conversations of other government departments as well as the use of the Secret Services Account (SSA).

Hankel, the former head of crime intelligence’s operational intelligence analysis section, is a very powerful officer in the division and had always been seen as the main rival of Mdluli for the top post. He was instrumental in drafting the controversial secret report presented to the inspector general of intelligence, Faith Radebe, earlier this year, outlining the allegations of fraud and misappropriation of the slush fund against Mdluli.

The controversy surrounding crime intelligence culminated last year when, with the stroke of a pen, almost the entire top management of the police’s crime intelligence were instructed to vacate their offices and move to other sections in the SAPS. Reacting soon after the purge, police spokesperson Major-General Nonkululeko Mbatha said that “certain interventions have been done directed at the optimal functioning of the environment.” All this was done in the interest of the service, she added.

In total, 11 members of management received their walking letters, and one of them had been suspended while under investigation by the Hawks. They were redeployed to other sections in the SAPS.

“This was not a spur of the moment decision,” a senior police source close to crime intelligence explained soon after the purge. “The investigation into the activities there had been ongoing for quite some time.”

This drastic move by then-acting national police commissioner, Major-General Nhlanhla Mkhwanazi, was a sequel to the crackdown by the Hawks on the controversial division. Mdluli was the first casualty of the purge after the Hawks chief, General Anwar Dramat, received instructions to clean out crime intelligence, starting at the top. Top Cape Town cop, Colonel Piet Viljoen, was brought up to Gauteng as part of the behind-the-scenes investigation.

For some time now, it has been possible to sense from within the ranks of crime intelligence an eerie atmosphere of distrust since Mdluli’s arrest, especially as the police spies started to panic and closed ranks. (Mdluli was recently cleared of the murder charge, but remains on suspension.)

The next to go was the controversial former Gauteng boss, Joey Mabasa, who fell from grace owing to his wife’s links with the Czech fugitive Radovan Krejcir’s wife. Mabasa took a severance package last year and left the police quietly.

In another strange move by the crime intelligence top brass, the police refused to give reasons for the massive destruction of extremely valuable and sensitive documents and surveillance material regarding the activities of international crime syndicates and local drug lords soon after Mdluli was arrested for murder last year.

It is believed that the purge of the police’s spy unit in November last year was partly the result of the bitter internal political struggle which lead to the panicky destruction of vital evidence that pointed to links by top ANC politicians and family members with crime syndicate leaders.

According to intelligence sources, Operations Dante and Snowman were two top secret intelligence-driven investigations into the links of South African crime bosses with, in particular, the dangerous crime syndicates operating from the Balkan countries – with the main focus on Serbia and Montenegro.

“There were at least 30 targets whose telephones were legally tapped in these operations,” sources closely connected to these deep cover operations said.

Some of the key “targets” the agents were eavesdropping on were, among others, the slain gangland boss, Cyril Beeka, the murdered king of sleaze, Lolly Jackson, the Czech fugitive, Radovan Krejcir, one of his Serbian business associates, Veselin “Vesco” Laganin, and convicted drug dealer, Glen Agliotti.

Asked for comment, the then Hawks spokesperson, Colonel Macintosh Polela, said: “We don’t give out information on crime intelligence operations. As such, I’m unable to respond to any of your questions.”

Since Phiyega took over as police commissioner earlier this year, Mkhwanazi was redeployed. Before she took over the reins, he had been rumoured to be the frontrunner for the intelligence post. Mkhwanazi took the decisive decision last year to suspend Mdluli from his post as intelligence boss pending the outcome of the murder trial.

According to well-placed sources, within days of Mdluli’s arrest, Hankel withdrew particular crime intelligence material from the vaults at crime intelligence head office in Pretoria, and the frantic shredding started around the clock, destroying vital evidence regarding international organised crime syndicates. Hankel, who is regarded as “very knowledgeable”, with a lot of sensitive information, including the criminal activities of influential people, declined to comment.

Showing his hand in this relentless battle for the heart of crime intelligence, soon after his arrest, Mdluli handed the so-called Ground Coverage Report to President Jacob Zuma, in which it is alleged that certain high-profile ANC leaders, including Human Settlement Minister Tokyo Sexwale, KwaZulu-Natal Premier Zweli Mkhize and Bheki Cele, plotted to overthrow Zuma. These claims of a conspiracy against Zuma were vehemently denied.

The Hawks, which relied heavily on information from the police’s crime intelligence division for its own investigations, severed all links, with crime intelligence due to the breach in trust; the working relationship soured when the super cops discovered that the phones of Hawks investigators were being illegally tapped by crime intelligence.

Only a few weeks away, the ANC’s Mangaung conference will define the winners and losers, at least for the time being. One question remains difficult to answer, however: will the police crime intelligence unit ever become what it is supposed to be – an elite department whose only true masters are the people of South Africa? DM

Source: Daily Maverick

Wednesday, September 12, 2012

'Corruption at forensic lab sabotages convictions'

ALLEGED wide-scale corruption and theft at the country's leading police forensic science laboratory is leading to massive backlogs in the finalisation of horrific crimes, including sexual assaults.

A detailed dossier compiled by the Police and Prisons Civil Rights Union (Popcru) has blown open the lid on alleged criminal activities by police working within the national forensic science laboratory in Pretoria.

Contained within the dossier is damning information on the alleged irregular decommissioning of a multi-million rand DNA database machine, the theft of R500-million worth of narcotics evidence, the apparent sabotaging of court cases and the concealing of information reflecting the true situation of the laboratory's caseload backlog.

The dossier was given to National Police Commissioner General Riah Phiyega nearly two months ago. According to Popcru, which is calling for an investigation, police management have done nothing about the allegations, while whistle-blowers have been victimised - with two being subjected to internal disciplinary hearings.

According to the National Prosecuting Authority (NPA) and gender violence NGOs, DNA databases are essential in the fight for justice. NPA spokesman Vuyisile Calaza said DNA was crucial in proving the guilt of an accused in a sexual offence.

People Opposed to Women Abuse (Powa) director Nhlanhla Mokwena said a database of DNA from perpetrators of rape would make seeking justice easier.

A report by the Medical Research Council and the Study of Violence - involving the tracking of rape cases through the criminal justice system - showed how DNA reports more often than not led to an acquittal than a conviction. The report said DNA reports were seldom available because kits were infrequently analysed and the suspects' blood rarely taken for comparison against any DNA identified by the laboratory.

Popcru's Gauteng provincial chairman Vusi Shabalala said they had spent months collecting information to compile the dossier, which contained information on the alleged irregular decommissioning of a R46-million DNA database machine - crucial parts of which were sold for scrap metal.

Police spokesman Brigadier Phuti Setati said the matter was receiving attention.

"Popcru is being engaged. We cannot discuss the contents until the matter has been addressed," he said.

Police ministry spokesman Zweli Mnisi said Minister Nathi Mthethwa had been briefed on the allegations.

Source: The Sowetan

Tuesday, August 21, 2012

French Communist Party backs killing of South African miners

The World Socialist Web Site notes with contempt the French Communist Party’s defense of the massacre of 34 striking South African platinum miners by police at Marikana.

After sympathetically quoting South African President Jacob Zuma and cynically expressing its “indignation and horror” at the violence, the brief communiqué published August 17 by the Communist Party (PCF) states: “The PCF reaffirms its solidarity with all the political and trade union forces in South Africa in their struggle to reduce inequality, for progress and for social justice under the true rule of law.”

It is public knowledge that the “political and trade union forces” defended by the PCF ordered and defended the massacre. The African National Congress (ANC) government’s national police commissioner, Riah Phiyega, declared after the massacre that she “gave police the responsibility to execute the task they needed to do.” She opposed any prosecution of those responsible for the miners’ deaths, saying, “This is no time for finger-pointing.”

The National Union of Mineworkers (NUM), whose former president Cyril Ramaphosa has gone on to amass a fortune of $275 million, has opposed the miners’ strike. NUM General Secretary Frans Baleni defended the police, stating, “The police were patient, but these people were armed with dangerous weapons.”

The PCF’s fellow Stalinists in the South African Communist Party (SACP), who historically have supported the ANC, dismissed the police killing of strikers as “worker-to-worker violence.”

The massacre of South African miners is an event of international significance, testifying to the murderous hostility of bourgeois “left” parties and the trade union apparatus towards any militant movement of the working class that threatens to escape the suffocating grip of the official unions. It is also a sharp warning to the working class internationally.

By praising police toadies in South Africa as fighters for justice and the rule of law, the PCF is signaling that it and PCF-affiliated unions like the General Confederation of Labor (CGT) will not object to similar acts of police violence to crush strikes in Europe.

The rest of France’s petty-bourgeois “left,” which operates within the CGT and with the PCF on the periphery of France’s social democratic government, is maintaining a telling silence on this outrage. As of this writing, five days after the killings, the New Anti-capitalist Party (NPA) has still not commented on the Marikana massacre on its web site.

As for the Workers Struggle (LO) group, the CGT’s most dogged promoter, it has published only one brief, eight-line news dispatch on the massacre. LO is totally silent on the role of the ANC and NUM, but concludes: “Whatever some kind souls may claim, the class struggle is still present, sometimes ferocious. This is proof.”

LO’s platitudes are calculated to allow the French petty-bourgeois pseudo-left to maintain its political support for the organizers of the Marikana massacre.

Source: World Socialist Web Site

Thursday, July 19, 2012

Solidarity takes SAPS to court over affirmative action policy

Trade union Solidarity filed papers at the Johannesburg Labour Court, asking for the SA Police Service (SAPS) affirmative action plan to be declared invalid.

Solidarity deputy general secretary Dirk Hermann said in a statement that the union aimed to dismantle the entire plan. "We cannot continue taking individual cases to court. Now for the first time we are taking to court the root of the problem, namely absolute racial representation," he said. The union had already taken the SAPS to court in 14 separate cases.

Police Minister Nathi Mthethwa, Labour Minister Mildred Oliphant and police commissioner General Riah Phiyega were named as respondents in the documents. Mthethwa's spokesman Zweli Mnisi said he had not seen the papers, and could not comment on its contents. "[It is] safe to say if the matter is brought before court, then our legal team will handle the matter accordingly."

In the papers Solidarity claimed that the SAPS's affirmative action plan amounted to social manipulation based on blatant race and gender quotas. It said the 'ideal' race-based targets set by the SAPS affirmative action plan between 2010 to 2014 were 79.35 percent for Africans, 2.46 percent for Indians, 8.85 percent for coloureds and 9.34 percent for whites. The union claimed this was unconstitutional. "Under the Constitution it is impermissible to discriminate on the grounds of race and gender. The Employment Equity Act, in outlawing discrimination, echoes this principle," the papers said. It said the "naked pursuit" of demographic representation based on racial factors can never be lawful. "The enactments legitimate affirmative action measures in order to redress the inequities of the past, but they positively decline to sanction social engineering mechanically designed to produce racial and gender representation in the future." It said that the plan did not take into account the regional differences in racial demographics. "For example, the representation of coloured people is made to depend on national demographics despite the preponderance of such persons in the Western Cape."

Hermann said the "problem" with absolute racial representation was that employers were beginning to "believe it was proper thing to do". "Solidarity wants to petition the court to give its verdict on the question of whether this practice is allowed by the Employment Equity Act and the Constitution of South Africa," he said. "The irony is that this racial ideology is hitting ordinary South Africans the hardest: people who are victims of poor service in various areas, including poor policing service."

He said the court date for the case had not been set yet.

Source: Times Live