Possible jail time for Cele (Misleading headline)
National police commissioner General Bheki Cele and his deputies could face prison sentences if they fail to adhere to proposed tough legislation aimed at holding police accountable for their actions.
The prosecution of the police leadership will come into force only if the proposed law – aimed at transforming the police watchdog, the Independent Complaints Directorate (ICD), into a more effective force – is brought into effect.
This emerged at a National Press Club conference in Pretoria yesterday.
President Jacob Zuma and the cabinet have approved the proposed law, but it has yet to be tabled in Parliament.
It would transform the ICD into the Independent Police Investigative Directorate (IPID).
With more than 6 000 cases a year against the police being probed by as few as 100 investigators, the ICD faces huge challenges in ensuring police obey the very laws they have sworn to uphold. Forty percent, or 2 500, of the cases relate to assaults, attempted murder, murder and rape, with 2 000 more relating to service delivery.
“Without the correct legislation, the response from police in dealing with matters we raise with them is completely inadequate,” the ICD’s spokesman, Moses Dlamini, said.
“The challenges are immense, especially in getting police to co-operate with our investigations, to report incidents and to carry out disciplinary processes. Between 25 and 30 percent of killings through police action (are) not reported to the ICD.”
There is no law that requires the SAPS to report any alleged criminal activities committed by police to the ICD.
With the legislation, the IDIP would focus on dealing with deaths that occur in police custody or through police action, rapes by police or in police custody, torture and corruption.
Every year the ICD makes 500 recommendations for prosecution of police members to the Directorate of Public Prosecutions and more than 1 000 disciplinary recommendations to police management.
Under the new legislation police would, among other things, have to submit a written report to the ICD and immediately notify it of any incident within 24 hours.
The national police commissioner would have to initiate disciplinary proceedings within 30 days of receiving the ICD’s recommendations.
He would also have to inform the Police Ministry and the ICD about the disciplinary steps to be taken, and submit written reports to the ministry on the progress of disciplinary procedures.
On finalisation of the disciplinary matters, he would have to refer the findings to the IDIP and inform the minister in writing of the outcome.
Failure to do so, said ICD head Francois Beukman, would lead to those responsible being criminally charged.
“The penalty for failure to adhere to the legislation could be a prison sentence of up to two years.”
Beukman said the legislation and the transformation of the ICD would give the organisation teeth to hold police accountable for their actions.
Moving the IDIP out of the Police Act and the directorate’s getting its own legislation would ensure its independence, he said.
“No one will be able to interfere in our investigations.” - Pretoria News
