NEWSLETTER SAPUSOUTH AFRICAN POLICING UNION
ISSN 2310-1032 SAPU Second Quarter 2015 www.sapu.org.za
Stop police killings & hands off our protectors Editorial
SAPU Newsletter - Second quarter 2015 SAPU Newsletter - Second quarter 2015
Contents The killing of police officers The South African Policing Union should stop and the police (SAPU) Newsletter is published Main feature should defend themselves Protect our protectors quarterly. Hands ‘off’ our protectors 4 when necessary but within The views and opinions expressed Police Killings - Impact and effects 5 the law. The community in the articles are those of the authors Put an end to Police Attacks 6 should also play a and do not necessarily represent those Senseless killing of W/O Holz 7 part in ‘protecting our of SAPU. Police service should remain professional 8 - 9 protectors’. This is in line Acceptance and publication of Women in service 10 with South African Policing advertorial and advertising matter Tribute to Jojo 11 Union (SAPU)’s motto: in the SAPU Newsletter does not Professional policing - A must for better SA 12 - 14 Together we can make a constitute SAPU endorsement or De-Politicised and Professional Policing 15 - 16 difference. A change in warranty in respect of goods or services Status of policing in South Africa 18 - 20 the way street patrols are therein described. COPS must defend themselves 20 carried out can also help SAPU does not assume any liability in improving security for in respect of any claims made in on-duty police officers. advertisements. We also welcome the recent pronouncements Publisher: Lebo Zulu Creatives on by President Jacob Zuma behalf of SAPU. on curbing the killing of Cell: 083 248 1216 officers. Email: [email protected] Editor: Thabo Matsose
Board Members: eing a national police suitable for this position. adequate infrastructure. well done. We also continue Oscar Skommere, Richard Mboweni & commissioner is no Still on positions, it is Our negotiators continue to be active in bargaining Barries Barnard Bpap and vleis. It is important to retain qualified to win cases when they councils including the also not as easy as running and experienced personnel. represent our members and Public Service Commission Street & Postal Address: a shebeen. Former South This should be complemented we applaud them for work Bargaining Council and 85 Rauch Avenue Private Bag X900, African Police Service Chief by grade progressions of Safety and Security Sector Georgeville Pretoria, Executive Officer, Meyer constables and warrant Bargaining Council where we Pretoria 0001 Kahn, appointed under officers among others. We always fight for the labour then national commissioner also favour the appointment rights of our members. Contact: George Fivaz concluded that of professionals unless in Tel: 0861-92-SAPU (7278) managing the SAPS is not specific circumstances where Viva SAPU Viva!!! Fax: 012-804-3017 an easy task. Unfortunately special skills are required such Thabo Matsose, Editor Email: [email protected] government did not heed his as in fields like forensics. Read your newsletter online: counsel. Our call for the resuscita- SAPU www.sapu.org.za Recent events with tion of the Public Order Polic- News briefs regards to national police ing Unit has been vindicated Contributions: Phiyega inquiry welcomed 21 commissioner Riah Phiyega by service delivery protests Although all possible care is taken with ANC intervention on cop killings welcomed 21 show that experience is on demarcation issues in articles, the editorial staff cannot take SAPU calls for Phiyega’s dismissal 21 needed for this position. As Malamulele and Vhuwani in any responsibility for lost articles and Probe Phiyega text messages 22 SAPU we now look forward to Limpopo Province as well as photographs. Calls for Cele return 22 her departure especially after in Mpumalanga and other Calls for PSC to probe Sotyu appointment 23 her many gaffes. We also hope parts of the country. Copyright: Thembisa taxi violence cops commended 24 that in future appointments SAPU continues its charity No article or picture in this publication Welcoming Marikana cop pledge 24 President Zuma will use work as seen during Mandela may be reproduced without the written the recommendations Day activities in Mpumalanga consent of the editor. Notice board of the National Planning when donations were made SSSBC update 26-27 Commission. The president at Phakama drop in centre Editorial Assistance: Cst. Mahwayi v SAPS 26 should also consider the situated in the Pienaar area. Elijah Chiwota Victory at hearing of Captain Mokgeseng 27 wealth of experience found The centre, which cares for in the police service which is 95 destitute children, hasn’t Layout, design and printing: Mabhalakophe! LonjengeNgwenyama – Mawandla! 073 776 7664 & Lebone Litho Printers Together we will make a difference
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SAPU Newsletter - Second quarter 2015 SAPU Newsletter - Second quarter 2015
Death is nothing to wish upon anything or anybody. Hands ‘off’ our protectors The brutality of any death Police Killings cannot be expressed, not he South African Policing Union in words, and certainly no (SAPU) took the campaign “Pro- monetary value can be put Ttect our Protectors!” to another on the value of the life of Impact and effects level. It just cannot be correct to fold our any human being. The loss arms and watch our protectors being of a life for any family is street justice and people killed in this matter. SAPU represented tantamount to a lifetime taking the law into their own by Thabo Matsose, 2nd Vice President of pain. Especially if the hands, but what right have and Kgaogelo Magagula, Deputy Gen- death is a result of an act you to feel entitled to take eral Secretary, took the campaign to of brutality. the life of someone else? Moretele Park Jazz Festival where jazz Before you see the uniform lovers were sensitised about the “Protect and protective gear, bear in our Protectors” campaign. A moment of mind the simple thought that silence was observed in remembrance this person before you is not of more than 60 police men and women only an officer of the law, he/ who were killed since the beginning of she is also just as human as this year. The following message was you are, breathing the same read on stage by six primary school (kids air as you do. This person wearing SAPU t-shirts): “Fellow South Africans, our clothed in blue is someone’s “Fellow South Africans, our protec- son, daughter, parent or tors are being attacked and killed by protectors are being attacked partner. This person also has heartless criminals. So far over 60 have family and responsibilities been killed in the line of duty protecting and killed by heartless You have heard of the saying: “There is strength to take care of, dreams and us the community. The police are our aspirations for a long, fruitful brothers, sisters, fathers, mothers and we criminals. So far over 60 have in numbers”. Well what good is that when the and successful life. Imagine love them! It is time to stand up and pro- the void the death of that tect our protectors!” been killed in the line of duty numbers keep diminishing? You take away one, person would create in the Our brand ambassador, Comrade lives of the people who care Mzwakhe Mbuli was at his best promot- protecting us the community. you weaken the strength of the many. for him/her. For just like you ing the campaign. Radio DJs including olice killings are a and any other person out DJ Matasatasa, Sammy Fever Mashabane The police are our brothers, painful happening every death, you start to other human being walking there, the loss of this person’s made a call to our communities to pro- Pthat not only deprive wonder about how the loss this earth. Yes, they wear life will leave a family without tect our protectors. sisters, fathers, mothers and we families of loved ones but has made an impact on the the bulletproof vests and a loved one. A grieving family The South African society is to a cer- children of their parents, lives of the people who have protective armour. However, that will forever wonder why tain level not a healthy society, how can love them! It is time to stand up wives and husbands of their lived with that person. How there are far too many cases and a loss to the force that we kill our own protectors? Enough is spouses. The savage nature of will they go on? How are of stray bullets and other creates uneasiness about enough, hands off our protectors! and protect our protectors!” this crime begs the question they coping? Police officers accidental deaths to be intentions of the people “why?” In simple logic it makes are just as vulnerable as any ignored. We have heard of they are meant to protect SAPU no sense at all for people to be and serve. Police officers are killing those most responsible human too, first and foremost. for our safety. Are police Their families ache for and officers also not people? We long for their safe return from often take for granted that duty. At some point should the death of police officers we not all look out for one is a double loaded rifle. The another? No death should death itself takes away from ever be inspired because you the family and then there is are an officer in blue. Any the professional aspect. The death suffered from this is a loss of one more officer bears reminder that we have come the same kind of result to the to nurse a twisted society force. You have heard of the where police officers are saying: “There is strength in killed for doing their job and numbers”. Well what good is doing it well. that when the numbers keep diminishing? You take away Umuntu ngumuntu one, you weaken the strength ngabantu! of the many. With the declaration of SAPU Main feature Main feature
SAPU Newsletter - Second quarter 2015 SAPU Newsletter - Second quarter 2015 Put an end to Police Attacks
By Lesego Ntlatleng
About 56 police officers have been killed in the country in 2015. During July 2015 one of the dedicated police officers Constable Hlongwane of Vaalbank South African Police Service (SAPS) was killed while responding to a complaint. A few days before that members in Witbank were attacked after stopping a suspicious vehicle. Members on duty at Verena SAPS were held up by armed criminals’ right in the CSC and robbed of their firearms. Few weeks later, warrant officer Mahlangu of KwaMhlanga SAPS and sergeant Mabena were attacked while responding to a domestic violence complaint. to all concerned and caring political party, will continue sustained injuries a speedy Warrant officer Mahlangu organisations to join hands to mobilise communities in recovery. To those working was shot at and sustained in the fight against these the fight against the killing of in HRM please assist these he senseless act of The random act of violence serious injuries. All these senseless killings. Thanks police officers. We will forever families. Treat them as if they violence that led to cost him his life, and his family incidences took place to the Community Policing lead the way and others will were your own. We are saying Tthe death of one of our lost a husband and father. in the policing area of Forum (CPF), Mzwakhe Mbuli follow. this because we have realised loyal and hardworking shop We want to express our stations which are 50 km and the Moroka community Our members are that sometimes it takes up to stewards has shocked us here condolences to his family and from each other which members for supporting the encouraged to always wear a year for families to get what at the South African Policing colleagues. His tragic death is makes it possible that the initiative. Some who always their bullet resistant vests, is due to them once a member Union (SAPU) in Cape Town. a loss to his family, SAPS and suspects can be the same claim to be representing and always be on alert and cover passes on. Do not feel Warrant Officer, O Burger to SAPU. To quote Benjamin people in all these cases. caring for members did not each other when attending offended when you receive Holz, was ambushed early on Franklin: “If you want see this as a serious matter, to complaints. They should a call or a visit from SAPU to the morning of 29 July 2015 something done, ask a busy and this includes SAPS also treat every complaint inquire about the progress when he was on his way to person”. That was definitely management. as a serious and dangerous of pay outs to the family. It is work. The cowardly criminals true in the case of Burger SAPU president comrade complaint. Always attending because we are a union that placed blocks over both the Holz. He was not only a hard Mpho Kwinika has on a to shooting practice and fights for its members and lanes of the N2 highway and working policeman, but an number of occasions made demanding to be taken to the will fight for your families too. our friend and colleague was industrious shop steward as a call that police killing shooting range and knowing Always remember that we are attacked when he was forced well. he South African should be treated as treason the condition of your fire arm independent and we speak to stop his damaged vehicle. SAPU Policing Union (SAPU) because it is an attack on are critical in the line of duty. out without fear or favour. Tas the only union the state. SAPU is also on One should go for counseling in SAPS, Department of record for its call for a special even if they did not sustain Together we will make the Correctional Services (DCS), investigating unit that will physical injury and use difference. “If you want something done, Traffic and Metro Police that focus on police killings and their medical aid to consult believes in action and not in this call is opposed by those professionals. Call SAPU for Lesego Ntlatleng is the ask a busy person”. shouting slogans launched who are too obsessed with advice and help. Gauteng Provincial a campaign against police political party partisanship. We want to send Secretary for SAPU killings and suicides with the SAPU, as an independent condolences to the families march in Soweto on 1 May union which owes its loyalty of members who lost their 2015. An invitation was sent to its members and not to any lives and also wish those who
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SAPU Newsletter - Second quarter 2015 SAPU Newsletter - Second quarter 2015 An interview Police service should remain professional with Mpho Kwinika Killing of police Riah Phiyega whom he says has same people and you will need their Public order policing done a lot of ‘incorrect things’. Maybe “You can’t laugh over a corpse trust. The officers who took part in the In a wide ranging interview the n the killing of police officers, this is the case because she has no Marikana operation should also receive Kwinika is happy that issues of public South African Policing Union (SAPU) which has now gone to over experience in policing. Her experience or after lives have been lost” counselling through health and welfare order policing and command and control President Mpho Kwinika touched on O60 murdered so far, Kwinika in administration at ABSA and Transnet programmes. This counselling should be were raised in the Marikana Commission a number of issues at the heart of deplored such action by criminals. although important might not be conducted by qualified social workers. Report as SAPU has been consistent policing in South Africa including the Although pleased by the recent action relevant to policing. One such matter It is politicking of lieutenant-General on these for a while. The shortfalls in killing of police, professionalising by President Jacob Zuma on the issue, involves tipping off suspended Western Christabel Nobubele Mbekela to bring in public order policing are most visible the police service and public order regrettably this happened after the 50th Cape Provincial Commissioner, Arno the issue of gender in relation to calls for in recent protests in Malamulele and policing. officer had been killed people. He also Lamoer that he is under investigation Phiyega’s resignation. South Africa has Vhuwani in the Limpopo Province agrees that the police must fight fire for corruption. never questioned the ability of women to over demarcation issues as well as in with fire as they were allowed to do so Although the South African By so doing Phiyega should be lead. We have women leaders in African Mpumalanga. Such protests exposed by Section 49 of the Criminal Procedures charged by the Minister of police under Commission chairperson, Nkosazana the police. Unfortunately the province Act (1977). He had no doubt on the police policing environment remains Section 8 of the Police Act as she violated Dlamini-Zuma and Public Protector, Thuli did not have Nyalas, which cost from ability to use firearms and when to use state security and endangered those Madonsela as well as Maria Ramos, ABSA 1.6 to 2.1 million rands each, for crowd them as this is part of their training. polluted by politics, the South who were carrying out the investigations. chief executive officer, among others. control and the ones deployed all the The parliamentary portfolio Her behavior also brought into question It is better that future appointments be way from Johannesburg had seen better committee on police is also playing its African Policing Union (SAPU) whether she had been cleared for made according to the recommendation days as they were over 20-years-old. The oversight role and the SAPU president is security or not. This can also be a case of the National Planning Commission vehicles used by most officers were also appreciative that this is happening. continues to campaign for of treason and a dismissible offence. and to lose experienced officers as is unsuitable for volatile situations like the Although the South African policing In the event that the minister failed to most likely to happen in the case of ones taking place in the two provinces. environment remains polluted by the environment to remain act there are possibilities of taking up two deputy national commissioners’ SAPU hopes that the public order politics, the South African Policing Union private prosecution. This is important Lieutenant General Leah Mofomme and policing unit will be reopened soon with (SAPU) continues to campaign for the professional. This is not an in order to maintain the integrity of the Lieutenant General Godfrey Lebeya. enough human and material resources environment to remain professional. This police. and that it was a mistake to close the is not an easy task especially with the easy task especially with the As police officers who divulged secret unit in the first instance. SAPU is also practice of appointing outsiders from information often found themselves on unhappy with bodies within the police other spheres of life and dumping practice of appointing outsiders the streets why should Phiyega be an that fell outside established command them into the police service instead exception? Protecting information about and control structures such as the of appointing experienced officers from other spheres of life and criminal investigations helps to improve board of directors made up of who came through the rank and public perceptions of the police. The provincial commissioners. file argues Mpho Kwinika dumping them into the police police should not be seen as colluding the president of SAPU. with criminals as this helps the citizenry SAPU Kwinika is particularly service instead of appointing to participate in policing. critical of National It is also insensitive to say that what Commissioner General experienced officers who came happened at Marikana “represents the best of responsible policing”. This creates through the rank and file argues an impression of a police service that is “trigger happy” and which “doesn’t care” Mpho Kwinika the president of about citizens. “You can’t laugh over a corpse or SAPU. after lives have been lost” because as the police you go back to serve the
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SAPU Newsletter - Second quarter 2015 SAPU Newsletter - Second quarter 2015
more than wearing a uniform, carrying the badge and armour. The uniform is Women in service simply a garment that goes with the Tribute to Jojo fights we have fought to get to this t is with sadness and great shock that the South African Po- By Lesego Ntlatleng point. licing Union has learnt of the passing on of Joseph Manuel, “you strike a We stand firm and in solidarity in Ipopularly known as Jojo, after a short illness. He was a dedi- The role of women throughout this sisterhood. It is an inheritance we cated member of our national executive committee and pro- the ages has always been a topic woman, have to honour and cherish, so we can vincial chairperson of the Western Cape. Known for his sense of dispute and a cause of general grow it and sow its fruits every day. We of humour, Manuel brought not only smiles and laughter to anxiety among discussion tables. you strike a rock” can’t take a break from being a woman. our meetings but his wealth of experience from which we The role of women in arms or in any That on its own is a challenge that often gained a lot. We would like to pass our heartfelt condolences field of service has and will for a shows the kind of cloth we are cut from. to his family and friends. May his soul rest in eternal peace as long time to come be a controversial Being a modern day woman with a we celebrate his life. topic. incapable of such. Modern day women career in an environment that has for are just as bold and brave as any man can so many years been dominated by men, SAPU be. They are strong, confident, beautiful shows that we have made progress that and so much more than we even get to sometimes amazes beyond belief. We he strength of a woman is often see on the surface. have come very far in this struggle to attributed to her family. How It has been over 150 years that equality and equal opportunity for us all. Tshe raises her children and takes women in service, police and military But more so in the advancement of the care of her family with an effortless and have existed. Despite all of this there is struggle for women to be and do what selfless nature. Her place is as a nurturer still an unspoken apprehension when it they wish to do with the same liberties and giver of life. A woman is soft and comes to police and military women. It is and encouragement as any man. gentle and it is not her place to fight far more acceptable - yes even in this day Never has the time been more for her country alongside her fellow - for society to celebrate the achievement opportune for a woman to be. The air is countrymen, but hers is to cheer on from and success of a man in the force than thick with infinite possibilities for you to the side lines and never really taking up that of a woman. However, this does not be the kind of woman who forms part of any role other than that of a supporter. take away that we have truly come far a living history that knows no boundaries It is 2015 and we have come as a nation that now encourages young and is hungry for more than she has ever such a long way since days when a girls and women to develop a healthy been offered as enough. You are more woman had her choices made for her sense of competition between boys and capable you can ever fathom. Only you by someone who thought her men alike. know how far you want to go and even Looking back at the incredible journey that is only a margin of how absolutely of female liberation and emancipation, amazing you can be. we have truly come a long way where Even now the struggle continues, but we now openly celebrate the milestones look not at how much further you have we cross with pride. It is bittersweet to go, take a moment to turn around and at times seeing a capable woman see how far you have come leading up to being passed over for success only this moment. Afford yourself a smile and because there is a man also in the a pat on the back. Nothing worth having running. Not because he is more has ever been easy. But our struggle capable, but simply because he is a was not about women only, no, it has man, surely that doesn’t mean he is always been for the betterment of the far better manager than a woman. treatment of women across the police, It gives me great pleasure to be able military and every other job sector find comfort in knowing and on we have formed part of. Our greatest occasion having witnessed the bold challenge is changing the mind-set of ability that women encompass in those who fought as hard as we did to their work while in and out keep us oppressed and stunt our growth. of uniform. The saying The greatest reward however, is knowing “you strike a woman, that all the hard work was never only for you strike a rock” women, it was for all human rights, for all has never quite humans to flourish and work as one in a come to life as united front. it has now. W o m e n in the Happy Women’s Month service know SAPU t h a t it is
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SAPU Newsletter - Second quarter 2015 SAPU Newsletter - Second quarter 2015
The South African Police and analyse the professional standing of Service (SAPS)’s aim to develop policing, based on international norms professionalism and discipline Professional policing - A must for better SA and standards. among its members should be welcomed and supported. Some rofessional police uphold the in- code, which is kept in their personal file. and respect the constitutional rights of Selecting for excellence and steps have already been taken, such tegrity of the police service. They Periodic checks should be conducted A code of professional and all to equality and justice. professionalism as developing a code of conduct. Pare knowledgeable about the to ensure that the code of conduct is The code should also prescribe the The SAPS should integrate this code law and their roles, carry out their func- understood and practiced. ethical police practice should off-duty obligation of police officials to A professional police service conforms with its human resource systems tions competently, and understand their Disciplinary cases involving a breach honour the badge as a symbol of pub- to minimum standards for recruitment, and non-adherence should have responsibility to serve communities. In of the code should be dealt with as a be developed and prescribed lic trust. Internal and external oversight selection, appointment and promotion. consequences for its members. this way, they earn public respect and priority. Police service members charged bodies should be able to request a re- Provision can be made for a two-stream The professional obligations of support and the rule of law is upheld by with misconduct should be required to through regulations. Police view of the professional ethics of an in- system of recruitment. the police should be spelt out citizens. leave their station immediately until al- dividual, unit or section of police and law As soon as possible, all officers should clearly to avoid blurring of roles The Commission recommends the legations are tested and cases finalised. members should be trained and enforcement agencies. Sanctions could undergo a competency assessment and and functions. For example, police professionalisation of the police by en- A code of professional and ethical be imposed, such as the withdrawal of be rated accordingly. perform functions that should be forcing the code of conduct and a police police practice should be developed tested in its application. This commission. This rating should differ from police the responsibility of the Department code of ethics, appointing highly trained and prescribed through regulations. Mandated oversight bodies should ranks. For example, a captain remains a of Social Development, such as and skilled personnel, and establishing a Police members should be trained and should be a compulsory course monitor adherence to professional eth- captain, but the competency test deter- mediating domestic disputes and body to set and regulate standards. tested in its application. This should be ics and recommend appropriate sanc- mines if he/she meets the competency relocating homeless people. While a compulsory course and failure to pass and failure to pass should lead tions where necessary. The Independent standard for a captain. Officers who do these social challenges have a Code of conduct should lead to suspension or dismissal Police Investigative Directorate and the not meet the standard should not be security dimension, the primary from the service. to suspension or dismissal from Policing Board would also play a role. promoted or appointed to a higher level responsibility for addressing them In the short term, the code of conduct The SAPS and metropolitan police until they attain the required level of should lie with social workers, with should be included in the disciplinary should be viewed as professionals, work- the service. National Policing Board competence for that rank. police playing a supporting role. regulations and performance appraisal ing in a skilled occupational group to A two-stream system should be de- system. The police service and the protect the public. A national policing board should be veloped in the next five years to create a metropolitan police authority should They are the only agencies man- should state that the officers’ fundamen- established, with multi-sectoral and high calibre of officers and recruits who provide all their members with a copy dated to use necessary coercive force. tal duties are to the Constitution. They multidisciplinary expertise. It should are capable of being trained for effective of the code of conduct. This should Ethical conduct should be practiced to are to serve the community, safeguard set standards for recruiting, selecting, professional policing. The basic police be linked to all human resource maintain the public perception of polic- lives and property without discrimina- appointing and promoting police stream would allow for the recruitment management systems and members ing as a professional institution. tion, protect the peaceful against vio- officials and police officers. The board and selection of non-commissioned of- should be required to sign a copy of the The professional police practice code lence and the weak against intimidation, should also develop a code of ethics ficers, who could progress through train- ing and experience to the positions of warrant officer or inspector, or any level below a commissioned officer. There should be objective testing against set standards to reward experience and competence. Non-commissioned members should be supported and mentored by commissioned officers. Peer sanction promotes professional behaviour, and is an effective counter to corruption. Such outcomes are only possible if officers command mutual respect. Direct recruitment to the officers’ stream should be based on set criteria, followed by further training and testing for candidate officers. Officers should be commissioned when all criteria are met. The basic stream and officers’ stream could be flexible, allowing aspiring offic- ers to work towards meeting the criteria for appointment to the officers’ corps. Similarly, officers should lose their com- missions if they fail to meet the stand- ards. The National Commissioner of Police and Deputies should be appointed by the President on a competitive basis. A
selection panel, established by the Presi- on page 14 Continued
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SAPU Newsletter - Second quarter 2015 SAPU Newsletter - Second quarter 2015 Professional policing - A must for better SA By Mary de Haas I would like to start by emphasising De-Politicised dent, should select and interview candi- how important it is for the public dates for these posts against objective to have confidence in the police criteria. The President should appoint in order for us to tackle the crime the National Commissioner and Depu- scourge constructively, and that and Professional ties from recommendations and reports we can work towards this goal by received from this selection panel. This
Continued from page 13 from Continued tackling the current problems in the would enhance the incumbents’ stand- police by building professionalism ing in the eyes of the community and in the South African Police Service increase the respect accorded them by (SAPS). I see this as a process Policing their peers and subordinates. involving both the wider community and the police, and I believe that one of his books published before he The important lesson was that man- Training for professionalism your union can play a crucial role died, and received favourable comments agement behaved in this way because in developing this professionalism from the late Alan Paton about his writ- during the apartheid years the police Renew focus on strengthening the which is unfortunately often absent. ing. He was awarded a national honour had been heavily politicised, especially capacity and training of detectives and For almost 25 years I have been after his death by the President. I learnt as it was they who had to implement specialised investigators, particularly trying to promote good policing three important lessons from working unjust legislation. The lesson of the past in the fields of forensics, ballistics and by recognising, and giving support with Dutton and Magadhla: has not been learned, and we still do crime scene investigations. These to, those members who do good 1. That, despite the working not have a truly apolitical police serv- specialised units should be deployed work, and expose corrupt members environment during apartheid, ice, which is absolutely essential. We when and where they are most needed whose behaviour threatens not only it was still possible for two must stop the politicisation of the police – during peak crime periods and in high- operations, investigate crime and super- This article is taken from Chapter 12 the people they are supposed to decent people committed to which continues to take place. risk areas. vise staff. Office-hours should not apply Building safer communities of the protect, but also their colleagues. good policing to share a close Through Magadhla I got to know Re-establish specialised units staffed to policing; senior staff should always be National Development Plan 2030: Despite the problems that regularly working relationship, as well as a many police members (and also got to with highly trained and professional available to resolve crime matters with Our future – make it make media headlines – and that I relationship of true friendship. know a lot about many others), and my police officers, to respond to changing speed and efficiency. work. encounter in assisting community 2. As soon as they made police network continued to grow dur- crime trends such as narcotics, cyber- Community policing as a phi- members – I also find many decent, breakthroughs in cases they ing the 1990s. Many police of all colours crime, human trafficking, crimes against losophy, methodology and prac- SAPU professional police members who tackled they gained the trust of the came to me for assistance (e.g. about the women and children, and international tice should be emphasised and strive to do their best, but who are community members who then felt lack of promotions which had been an- crime syndicates. strengthened in police training let down by corrupt colleagues and, safe in co-operating with them and ticipated after 1994, payment problems, Technology development has greatly programmes and systems for often, management. offering them information which or working conditions). I would then influenced crime patterns and the com- evaluation of police effective- helped in solving crimes, and I have take up these issues on their behalf with mission of crime. Bank robberies can ness. This evaluation should seen this time and time again with management. The problem was that now be committed using computers feed back into the training pro- other good police members. management tended to resent my ef- anywhere in the world. Social networks grammes for continuous im- 3. Dutton was persecuted by police forts on their behalf and then took it out lure victims and people are drawn into provement. management because of the Trust on the members who had approached pyramid schemes through sophisticat- started working with credible mem- Feed case (a white man was not me. ed international scams. Police training bers when I met the then Captain supposed to betray his fellow I also did some in-depth formal re- needs to keep abreast of these develop- I Frank Dutton and the man he worked white policemen by exposing search in the latter 1990s (working close- ments. Superior instruction standards closely with, Warrant Officer Wilson their criminal activities). Magadhla ly with a long-standing colleague Prof. and partnerships with the private sector Magadhla, around 1990. Dutton then himself retired after the Trust Paulus Zulu who had been contracted by and universities would increase police headed a team of well-trained detectives, Feed case, but kept pushing me to the Ministry to do research on racism in competence. and his relationship with Magadhla was promote Dutton’s work because the police, and some human rights law- Deploy officers according to crime one of friendship and partnership. They of his friendship and high regard yers). I also worked closely with police patterns and trends. Officers should be were known for their political investiga- for Dutton which eventually members investigating cases in which available outside office hours to direct tions (the Samuel Jamile and Trust Feed led to his being appointed to I was assisting victims, by facilitating cases) but had already solved high pro- head the Goldstone Commission contact and encouraging them to offer Part of the SAPU team committed to file crimes, including one involving the investigation. The first cause I information to the police (but, obviously, campaigning for professionalising Kloof rapist (who carried out a reign of took up on behalf of a sidelined I could only do this when the police had the police service. Thandi Mkhize terror in the upmarket Durban suburb of policeman was that of Frank Dutton demonstrated their professionalism and (1st Vice President) and Kloof) and another famous cases involv- who, after Trust Feed, saw his unit trustworthiness). Kgaogelo Magagula - above ing a British national who murdered his disbanded and was transferred What I found was a culture of nepo- (Deputy General Secretary). wife or girlfriend and buried her body elsewhere. I met with management tism with the wrong people frequently (he was a clever criminal and it took members who tried to deny it, but appointed to senior positions, and good, some good detective work to crack the their intention was obvious - for credible members side-lined – despite case). otherwise they would not have doing excellent work evidenced, for ex- Magadhla was an extremely talented disbanded a crack unit, which was ample, as shown by high court convic- man – not only a first class detective, but sorely needed in the context of tions. In KwaZulu-Natal we had specific
also a writer and a poet. He had at least escalating violence. problems relating to the heavy politici- on page 16 Continued
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sation of the KwaZulu Police (KZP), many complained about a lack of protection of whom were not as well qualified as for people under threat of attack, the their black SAP counterparts (because The best police members were station commissioner explained that he one did not need a high school qualifica- simply could not cover the whole area (I tion to be absorbed into the KZP. Many those who simply did their jobs had mentioned sector policing) because
Continued from page 15 from Continued KZP had been appointed beyond their of lack of vehicles and members – which, levels of competence as an inducement and did not take a political of course, also puts a strain on the mem- to join the police or because of their po- bers concerned. litical affiliation (but I also encountered stand. Many good members I also receive complaints from some good KZP members who tried to members – and community members maintain an apolitical stance when do- were extremely stressed by the – about poor management of stations, ing their jobs; one was harassed when, colleagues who are drunk on duty, and on more than one occasion, he arrested way they were being treated a lack of discipline regarding standard a key warlord). procedures which would, for example, The best police members were those (i.e. not just the usual stress ensure that guns were stored securely to who simply did their jobs and did not stop the stealing of guns from stations. take a political stand. Many good mem- which goes with being a police A few years ago 43 guns were stolen bers were extremely stressed by the way from kwaMaphumulo police station, all they were being treated (i.e. not just the member, but caused by the way of them exhibits in taxi violence cases. In usual stress which goes with being a po- other words, the theft was by a person/s lice member, but caused by the way they they were being treated by man- who knew where the specific guns were, were being treated by management), because other firearms and money was and many of them took early retirement agement), and many of them left. A senior member of management because of high stress levels. told me that the station had complained It was very upsetting to see good took early retirement because to the provincial management about the members completely side-lined and lack of security in gun storage before the sometimes attempts were made to stop of high stress levels. theft, yet no action had been taken. their work (because of political interfer- I may also add that I received a tip ence). For example, this happened to off early this year about the lack of se- the then Captain Mandla Vilakazi who, with longer serving members – e.g. de- curity at the SAPS Amanzimtoti ballistics with a small team, brought violence tectives who have dealt with serious cas- testing centre, and the presence of sus- levels right down in areas in which hun- es and obtained high court convictions picious strangers in the vicinity. I wrote dreds had been killed through arrests – not being rewarded for their dedica- to the provincial commissioner asking and high court convictions (Inkhatha tion, and others with questionable track for urgent action to be taken. I did not Freedom Party (IFP)/African National records (e.g. in management, links to taxi receive a response. Not long afterwards Congress (ANC) conflict. operators, or general incompetence) be- there was a break in at the centre and Similarly, then Captain Sipho Mbele ing rapidly promoted. guns there for testing were stolen. was the first police member to make cru- I also know from my regular interac- These are but two examples. It is com- cial breakthroughs in the Richmond vio- tions that police members face a variety mon knowledge that many guns are sto- lence of the latter 1990s – which caused of problems in carrying out their work, len from the police and army. How else enough consternation in political cir- including a lack of vehicles and bullet do criminals access R4s and R5s? These cles (the violence was fundamentally proof vests. Telephones are regularly out guns are used not only in crime, but also intra-ANC & ANC/United Democractic of order, especially in rural areas, and I against police members. In other words, Movement (UDM) which had broken have had station commissioners asking police members who fail to do their duty from it. Only for Mbele and his team to me if I can help in any way because who- properly and secure weapons, or who be removed before perpetrators could ever in police management is supposed are in collusion with criminals, are risk- be exposed. Both Vilakazi and Mbele to sort such issues out has not done so. ing the lives of their colleagues. In one have retired, but have so much valuable There is still a gross imbalance in re- recent example, a drunk policeman left experience which they should be shar- sources in different areas, especially ru- his gun at a shebeen in a rural area; not ing with younger police members, for ral relative to urban areas. In a city such surprisingly it went missing. whom they could fulfil a valuable men- as Durban, for example, where people toring role. have easy access to transport, one may This is the first part of the article and I continue to deal with police mem- live in an area in which there are three second part will be published in the bers regularly, many of them in the stations five minutes’ drive away. next issue. course of following up cases on behalf In rural areas not only are there often of crime victims, and others who are part huge distances between the station and SAPU of old-established networks. Promotions the different areas it serves, but roads policy remains as problematic as ever, are often bad. In one such area, when I
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ignoring human rights. He is mostly re- it as the union is on record asking this in Beukes vs the Minister of Police the with no police training and experience membered for his cowboy styled cloth- publicly and in the Standing Portfolio judge remarked that there is a blatant at all. This has a very negative impact on Status of ing and “shoot to kill” statement. Accord- Committee on Police even before the disregard for the law, poor training and junior members as it is clear that there is ing to reaction from opposition parties Marikana incident. ignorance by the junior members of the no career prospects in the police as they and human rights NGOs he unleashed a The Police and Prisons Civil Rights police. This was further supported with have to compete with political animals. trigger happy culture amongst the po- Union (POPCRU) on the other hand is- the guilty verdict of murder of eight With growth in your career comes better lice especially the junior members who sued a statement supporting Phiyega police officials after dragging a Mozam- salaries and working conditions as well policing in suddenly felt untouchable. But he also nevertheless. In defence Phiyega rallied bican citizen, Emidio Josias “Mido Macia”, as status in the community. left in disgrace after he was removed all nine provincial commissioners in her handcuffed behind a police van in Dav- In the absence of this and a total by President Zuma for being involved in support. They issued a statement in sup- eyton, Johannesburg. block to improve the junior members to corruption in awarding a lease tender to port and rejected the Farlam Commis- This frustration is further reflected rise to the occasion and become crea- another long-time friend and business sion’s recommendations. This did not with the non-issuing of protective gear tive when the opportunity presents it- South Africa tycoon. Shortly on Cele’s heels followed go well with the ruling party and they like bullet proof vests. This became evi- self in the world of crime. In simple terms another non-career police official and were called before the Portfolio Com- dent in the killing of seven police officials after 15 years on the rank of a constable After the democratic elections the Western Cape and Northern Cape political appointee. mittee and ridiculed by the Chairperson in one week in non-related incidents. with no prospect to promotion mem- held in 1994 a career policeman where Coloured people are in the ma- Riah Phiyega had a colourful history Francois Beukman. The President then Although the number of 192 000 bers fall victim to organised crime. They was appointed to oversee the jority and in Kwa-Zulu Natal where the in other State entities and eventually appointed a commission to investigate employees sounds acceptable in terms are in a position of power and informa- amalgamation of 11 different largest concentration of Indian people ended up in ABSA before retiring when her fitness to hold office in terms of the of the standards in the rest of the world, tion which is vital for these crime bosses policing agencies from the former outside India is in the world. Maria Ramos took over ABSA manage- Police Act. the uniqueness of South Africa paints and the members are rewarded hand- TBVC states and homelands He was not diverted in anyway and ment. Phiyega, another Zuma confidant, another picture. somely. and then establish a new police this approach lead to thousands of po- bravely declared that you don’t need to Current resources Currently according to the latest Government and the leadership had service. This new police service was lice officials entering the police without be an alcoholic to manage a bottle store statistics almost 82% of the resources tried all sort of interventions but con- established in 1995 under Gen. meeting the minimum requirements. All but was shocked into reality after two From the time of Fivaz the police service of the police is committed to policing stantly wanders outside the parameters George Fivaz. these requirements were condoned by months on the job when the Marikana increased from around 85 000 to the public protest which in 90% turns out to of the law to do so whereas the solution him. Under a very rigid labour law it is massacre took place under her com- current 192 000 employees of whom be violent. These protest erupts all over is very simple. ivaz, a career policeman who went impossible afterwards to get rid of them mand. 42 000 are support personnel and not South Africa where communities rise Remunerate your members accord- through the ranks to eventually or replace them. The only way is to vigor- Giving the fact that she trusted her trained police officials. Under Fivaz term up against the poor service delivery of ing to their output (value for money), Fended up in Supply Chain before ously train them. advisors and generals on how to deal police remuneration was taken out local government like water, sanitation train them efficiently and constantly being appointed as the national com- Then the bomb shell burst when Se- with the Marikana incident before the of the mainstream public service pay and electricity. Add to this the high un- equip them to give the desired output missioner had the task to amalgamate lebi was drawn into the midst of a cor- shootings, this is not what left a stain on structure and increased with a dramatic employment rate of the youth and it is a and give them career planning by stop- all these agencies and transform them ruption scandal of his former financial her competence but rather what hap- 40%. Subsequently it was never revised perfect model for criminals to thrive. ping political interference. from semi-military institutions to a serv- advisor, Schabir Shaik, and Glenn Agli- pened afterwards and during the Farlam and the rest of the public service has The current police ratio to the popu- ice which will be overseen by a civilian otti, a convicted criminal and gangster. Commission. Zuma under pressure from had to catch up which now leave police lation is 1: 317. As said not far away from Top Leadership of SAPS directorate. This was a totally new con- Selebi was later found guilty and a public outcry and pending court ac- salaries now in the same bracket as the the rest of the world but if you look at cept as previously the police reported sentenced to 15 years imprisonment tions appointed retired Judge Farlam to rest of the public service. the distribution it is another picture. In The top leadership is in disarray and with only to the Minister. He creatively man- whilst he was serving as the National lead an official inquiry into the incident. The budget currently stands at 72 the Western Cape the ration in the ten the political appointments competent aged to do this without en-masse exit of Commissioner and President of Interpol. It would become known as the Marikana billion rand but although there is a col- stations with the highest crime rate the career police officials are sacrificed. The trained and experienced personnel. He This sent shock waves around the world Commission. lective agreement in place compelling ratio is as follows: latest being Lt. Gen. Libya and Mofome. further had to deal with transformation and he was immediately replaced by an- In his findings Judge Farlam discredit the South African Police Service (SAPS) Both highly qualified and competent. which was forced by legislation. other non- career policeman and politi- Phiyega for lying under oath, evasive to consult the allocation of the budget 1 Nyanga 1: 1 418.97 Libya, an expert in crime detection During his time he experienced se- cal appointee. when testifying and recommend that SAPS refuses to do so and the allocation 2 Khayelitsha 1: 1 675.28 and head of the Detective Service, and vere managerial challenges and govern- Bheki Cele was a President Jacob the president appoints a commission remains a guarded secret of the man- 3 Harare 1: 1 702.94 Mofome a human resources expert and ment thought it good to appoint a busi- Zuma’s confidant from Kwa-Zulu Natal in terms of the Police Act to investigate agement. 4 Gugulethu 1: 1 273.68 head was promptly fired by Phiyega. ness tycoon Mr. Khan from South African (KZN). Cele came to power with a very Phiyega’s fitness to hold the post of na- Training is a major problem in the 5 Kraaifontein 1: 1 630.28 Phiyega lost when both of them Breweries (SAB) on a two-year contract distinct hard handed approach to crime tional commissioner. SAPU welcomed police and with a recent judgement 6 Delft 1: 1 166.71 approached the court for a recourse. to come and assist Fivaz. 7 Mfuleni 1: 1 095.92 Lt. Gen. Nkwanazi who acted as the Before the completion of the two 8 Mitchells Plain 1: 3 239.77 Acting National Commissioner after the years Khan quitted remarking that SAPS 9 Phillipi 1: 393.33 removal of Cele, was promptly removed is unmanageable if you are not experi- 10 Bishop Lavis 1: 1 064.84 and ridiculed to a newly established enced in the line of command structure Facility Management Division which is of the police. This clearly indicates a dispropor- a sub-division of Supply Chain which After Fivaz the first non-career po- tionate distribution of resources espe- deals with buildings in SAPS. He was the liceman was appointed. Jackie Selebi cially in these former disadvantaged former head of the Special Task Force. was a political appointment and an Af- communities. His sin was that he reopened criminal rican National Congress (ANC) stalwart. investigations against senior members Selebi opted for quantity over quality in Political interference in policing who were political animals. order to force transformation. Under his command transformation was forced by Political interference in the police had Police morale using National demographics to comply a very negative effect on the police as with the Employment Equity Act. lateral appointments are done in order The morale at this stage is at an all-time
This lead to revolt in provinces like to make space for cronies and people low in the police. Under the leadership on page 20 Continued
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African Trade Unions [COSATU] which Phiyega. This development falling on her sword and re- collapsed in the SAPS from Status of policing in South Africa is party to the ruling party’s Tripartite Phiyega is long overdue and it was signing. There is no way that the day she came. SAPU com- of the political appointees the police recruitment strategy was changed and Alliance. In essence organised labour clear from day one that she will survive from this ini- mends President Zuma for evolved into a vigilante group with no the training extended to 24 months. is the watchdog over management to her appointment was a tiative and the political sup- being resolute in this matter accountability. Senior managers are The two major problems with this protect their members’ interest and inquiry terrible mistake that has port she is getting from some and has been calling for such living in fear and a simple comment model is that firstly only six months is safeguard them against abuse. cost our country dearly. labour organisations will leadership. The time he gave could see them leaving which is clearly spent in training facilities and the rest of SAPU has a track record for challeng- welcomed The establishment of the count to nothing at the end her until to state reasons why illustrated by the nine provincial the 18 months at a police station where ing SAPS in the court and on numerous board of inquiry into her of the day. she should not be suspended
Continued from page 19 from Continued commissioners action recently. these students are left to serve the pub- occasions interdicted the police to stop The South African fitness is the beginning Her resistance to calls for is fair. That hour will certainly The lower ranks have no prospect of lic. The one or two stripes on the shoul- them from changing terms and condi- Policing Union (SAPU) of the end for General her to step aside makes us come. Phiyega must do the any future career in the police together der patch to distinguish them from qual- tions of employment of our members. would like to welcome Phiyega. feel that she has no regard honourable thing and go for with the danger and not any different ified members does not help the public Disputes are settled through com- the announcement by for the South African Police good. pay than the rest of the public service if they are in need. pulsory arbitration in the Safety and President Jacob Zuma on e are on record ad- Service (SAPS) she leads. The they are absorbed by private security The second one is that they are ap- Security Sectoral Bargaining Council as the creation of a board vising her to save negative publicity she gen- Oscar Skommere companies which outnumber the police pointed as trainees and are not receiv- members do not have the right to strike. of inquiry into the fitness Wherself the embar- erates has an impact on the General Secretary currently at 4: 1. The middle manage- ing a salary but a stipend which is below to hold office of national rassment and the country, morale of members who feel ment are members who just sit the time the minimum wage as determined by Conclusion commissioner Riah the cost of this inquiry by just that command and control SAPU out and wait for retirement. law. This leaves them vulnerable to bad influences to substitute their income at Under the current leadership with the Training of the Police the stations as they must cater for their political interference the once proud own accommodation and meals whilst miracle of 1994 had become a ticking ANC intervention on cop killings welcomed Training of the police is in an there. time bomb whose fuse is burning short. experimental stage where SAPS tries all Our position is that politics must be The South African Policing his campaign by the officials are murdered all over of the police and manage- different models but does not stick to Role of organised Labour in the left to politicians and policing to the po- Union (SAPU) would like ANC is long overdue. the country. ment is not doing enough to one tried model. Training was formerly Police lice. to welcome the Gauteng TThe senseless killings The issue of police kill- curb police killings. They are under the leadership of Lt. Gen. Mbekela African National Congress of the men and women in ings is a national disaster that not visible in campaigning who was a former Head Mistress at a The role of the unions is a much debated SAPU (ANC) intervention on the blue has reached a totally all of us must join hands to against cop killings. girls’ school and now deputy national one. SAPU is apolitical whereas POPCRU merciless police killings in unacceptable level and is a deal with. We are particularly SAPU also calls upon oth- commissioner. Under her watch the is affiliated to the Congress of South the province. We are en- societal issue now. It is pre- encouraged by the political er progressive formations like couraged that the ANC as cisely for that reason that will of the ANC to take a lead churches, community organi- the ruling party has taken SAPU calls to all law abiding in a progressive initiative like sations and the civil society officials. SAPU would defend send our heartfelt condo- such drastic measures citizens to come on board. this. Our wish now is for this to join this campaign. all card carrying police offic- lences to the family of the against the brutal killing We are also calling for the na- political will to reach govern- COPS must ers against any charges be Vosloorus police official and of our members. tional ANC to take this cam- ment level as well. Police of- Oscar Skommere they departmental or crimi- share their pain. Our prayers paign forward and make it a ficers are of the view that the General Secretary nal. These brutal killings must are with them during this national campaign as police current political leadership SAPU defend come to an end now. darkest hour. SAPU is tired of the sta- tistics about the number of Oscar Skommere, General Why must taxpayers’ money many officers who have been Secretary SAPU calls for Phiyega’s dismissal be wasted to find well known themselves killed so far. It is just totally facts? unacceptable. We want to SAPU The South African Policing Union (SAPU) would like once It is a well-documented fact The South African Policing t is a necessity for police again to call upon the national police commissioner Riah that Phiyega is the worst Oscar Skommere, General Union (SAPU) calls upon officers to fight fire with Phiyega to do the honourable thing and just resign. The police commissioner that the Secretary men and women in Ifire. To say we condemn latest damning cases around her: the Independent Police SAPS have ever had in history. SAPU blue particularly those these killings is just not Investigative Directorate and the National Prosecuting functionary members enough. South Africa is an ab- Authority view that the national police commissioner to defend themselves normal country that butchers compromised the investigations into suspended Western now. We have learnt with its own officers. The rate of Cape police commissioner are too much for the South dismay and anger of a police killings in our country African Police Service (SAPS). police official killed in is more than a war zone. We Vosloorus, Boksburg on 28 call upon officers not to allow July 2015. Another police this situation to go on. he SAPS can just calls upon her to save the official was ambushed It is clear that the state not afford to have a SAPS this bad publicity and on the N2 in the Western has no political will to de- Tnational commissioner embarrassment and go. Cape, was robbed and fend the police and that the will such serious allegations We are also of the firm view killed. The merciless and police minister would not against her. She doesn’t have that even the board of enquiry brutal attacks on police even condemn these killings the time to deal with crime. as proposed by President officers have reached a let alone send condolences The only time she has and Jacob Zuma or under which totally unacceptable level. and messages of support to her spin doctor is to defend she can only be fired is a families of the affected police herself. SAPU once again waste of taxpayers’ money.
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t was around a time when tee into the national commis- to intimidate people. She be transparent, it should shortest possible time. SAPU Probe the general secretary was sioner’s text message to MP likes to personalise issues, Calls for PSC to probe be swift. If it was up to us as would closely monitor this Iconducting media inter- Barnard. We will also submit and uses the sexism tactic as SAPU, we would say it must probe for fairness, justice and Phiyega views regarding the national the text message sent by the her defence. SAPU is a pro- Sotyu appointment be concluded objectivity. commissioner’s perform- national commissioner to the gressive formation that not within the ance. Even then it was not the general secretary. only advocates women em- text general secretary’s personal The parliamentary com- powerment but practices it. The South African Policing APU would like to state Oscar Skommere, opinion but the official union mittee’s swift action is a wel- We are one of the few labour Union (SAPU) would like it categorically clear General Secretary messages stance. SAPU welcomes the come relief. We cannot have organisations in the country to call upon the Public Sthat Boniwe Sotyu like investigation launched by a national commissioner that that have produced women Service Commission to any South African citizen has SAPU the parliamentary commit- uses high school boy tactics leaders amongst our ranks. probe the circumstances a constitutional right to seek The South African Policing Someone must reign in surrounding the employment in the country. Union (SAPU) would like the national commissioner appointment of Boniwe What we are opposed to is to express its dismay and now. Her text messages are Sotyu, the daughter of the employment of politically anger at the intimidating unbecoming of a national deputy police minister connected people at the ex- text messages that commissioner. We have been Maggie Sotyu as the pense of suitable qualified the national police calling for professional polic- deputy director of candidates whose surnames commissioner likes to ing to make a better South investigations in the Free are not connected. We call send to those she feel are Africa. Her conduct defeats State provincial office of upon the PSC to launch a her opponents. Our own that purpose. the Independent Police transparent investigation General Secretary, Oscar Investigative Directorate. into her appointment which Skommere, received such a Mpho Kwinika, President media reports suggests is text message in the middle highly irregular. of the night. The latest text SAPU The probe we message to DA MP Dianne are calling for Kohler Barnard is similar should not only to the one that the general secretary received.
Calls e are also mindful of Cele back into the police. the reasons that led Wto Cele’s sacking as Oscar Skommere, General for Cele national police commission- Secretary er. This time around he will return come as a political head not an operational head. He is al- ready sitting in the national The South African Policing executive as he is a deputy Letters Union (SAPU) would like to minister. Cele’s record in state it categorically clear the police speak for itself. that as much as we respect His visibility and leader- the president’s prerogative ship boosted the morale to appoint members of of the police. We do not the national executive, we have any doubts the SAPS call upon President Jacob will benefit a great deal with Zuma to seriously consider Cele’s political leadership. appointing Bheki Cele as SAPU has seen a dramatic Dear SAPU members, the minister of police. We decline in the SAPS since the are making this call after current national commission- This is to let you know that our new address for the SAPU we have realised that the er and police minister took Limpopo Provincial Office is No. 8A Church Street, Polokwane. police department will office. It is even worse with not get anywhere with the police minister, Nathi Nhleko, current police minister. whom we have not even en- SAPU Viva SAPU viva. Together we gaged bilaterally although we will make a are a stakeholder in policing. Winnie Hlaka SAPU calls upon President difference Zuma to put the interests of the country first by bringing
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crime in our society. We want their own lives in ensuring for engaging on 17/8/2015. During Thembisa taxi violence to encourage our people to that the suspects are brought this meeting SAPU demanded that we always work with the police to book, SAPU calls upon the SSSBC priorities three issues before we will cops commended so as to reclaim our streets South African Police Service engage SAPS on this matter. These three from criminals. (SAPS) management in matters are Pay Progression, Grade The South African Policing Union (SAPU) has learnt SAPU is also of the firm Gauteng to seriously consider update Progression and the Promotion Policy. with pride and great satisfaction about the arrest of view that the arrest of these establishing a specialist taxi SAPU needs to research it before making five suspects in the Thembisa Taxi violence that left suspects will also bring to violence unit to deal with inputs. a 45-year-old female taxi commuter dead on 28 July an end the senseless killings these incidents like the one 2015. We would like to salute the team of detectives of innocent people during in Thembisa so as to curb South African Police Service (SAPS) Unilateral change in and crime intelligence officers for a job well done. violent clashes amongst them now before more lives had to report back to the Safety Recruitment Process taxi operators. It is up to the are lost. and Security Sector Bargaining his swift arrest will level of co-operation from prosecuting team now to Council (SSSBC) on the issue SAPS made a presentation on the boost the confidence our people because it is a play their role in ensuring Oscar Skommere, General regarding the clerks. SAPS tabled a new recruitment strategy. SAPU raised Tof our people in through partnership with that justice is served. In Secretary report on all the clerks concerned. questions to what the involvement of the police. SAPU is also the community we serve that commending the men and Individual cases however do exist the community entails and whether this particularly happy with the we can be able to root out women in blue who risked SAPU where members perform duties Personnel Living with policy has been implemented. as required to be regarded but Disabilities SAPS insist that the changes are ad- were not. This is because of their ministrative in nature to strengthen the appointment which is different from Access to the workplace is the recruitment process and they have im- their job description. To resolve responsibility of SAPS. 273 police plemented them. SAPS responded that this - members must take it up with stations were transferred to SAPS from the involvement of the community is their commanders to be explained the Department of Public Works which necessary to assess applicants. No ap- in order to qualify. If members means SAPS is now responsible for the plicant is rejected based on the informa- experience any difficulties with it maintenance of these buildings. 767 tion supplied by the community. SAPS they should call their local South were not transferred and must still be concede that they neglected to involve African Policing Union (SAPU) maintained by Public Works. During labour in the recruitment team process. representative. questioning SAPS revealed on record The matter is referred to the Training
that this function now falls under Facility Committee for further engagement. on page 26 continued Management and that the Division is a fully functional division. SAPS will also make available the APS also reported that it is now in stats on which and how many buildings the second phase of the regarding are accessible and which ones are not at Sprocess to regrade the lower lev- the next meeting of SSSBC. els of categories. SAPS did a job evalua- SAPS long term strategy is that no tion on the lower categories. It was then building that does not comply and is submitted to the Department of Pub- not accessible or has facilities for people lic Service and Administration (DPSA). living with disabilities, will be utilised, Funds will be made available for the re- rented or leased. grading. 1052 members will be affected at R61 Retention Policy assistance or state lawyers 669 362. Members affected will be level Welcoming Marikana cop pledge to officers arrested whilst on 1-3. SAPS awaits approval from DPSA. SAPS tabled a new draft on duty. We have noticed that the Some of the jobs included do not form the retention strategy. This The South African Policing Union (SAPU) would like e are also happy current SAPS management part of the DPSA circular which original- policy aims to replace the to commend the South African Police Service (SAPS) that those officers lacks consistency and ly only referred to clerks on level 3 to 5. scarce skills allowance with a management pledge to officers allegedly involved with Wwould be provided fairness in this regard. It only Consultation will continue. new compensation model. the Marikana tragic event. Those men and women in with psychological counsel- provides legal assistance to This places more focus blue were on duty and they obeyed legal command. ling as well. What happened a chosen few like Richard on training in order to It would have been grossly unfair that they were not in Marikana on August 16, Mdluli. SAPU would closely retain skills rather than provided with legal assistance. SAPU would have been 2012 was tragic to all of us. monitor the implementation compensate individuals. compelled to challenge such injustice. SAPS regulations Functionary members on of this pledge as it is standard The matter was referred are clear about assistance of members arrested whilst the ground are not proud of procedure in the police. to the Condition of on duty but the SAPS management’s lack of consistency what happened. Those who Service Task Team and fairness make us commend them for doing what is said ‘it was the best of polic- Oscar Skommere, General expected of them. ing’ know nothing about po- Secretary licing. Tumi Mogodiseng, As much, it is a well- SAPU SAPU Deputy known standard procedure President for the SAPS to provide legal
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SAPU Newsletter - Second quarter 2015 SAPU Newsletter - Second quarter 2015
ranks was a decision of Parliament and we writing by changing SSSBC update Grade Progression only had to agree on how to implement Victory at the score of candidate it. Further the structure of SAPS did not R/ Constable C.T SAPU demanded that the backlog make provision for these ranks as well hearing Bucibo who formally of grade progression Constable to as a salary structure for it. This must be scored lower during Amalgamation of the Scope of Sergeant and Warrant Officer B1 to B2 approved by the DPSA. In order to speed of Captain a post application Sector Councils immediately be eradicated. SAPS wants up the promotion of these members interview and thereby to renegotiate the Promotion Policy we agreed to have them promoted at Mokgeseng replaced the candidate
Continued from page 25 from Continued SSSBC must change its scope to be which guarantees grade progression for the same salary level as Captains and Lt. that scored higher, inclusive of other sectors which will be these ranks. SAPS position is that it is no Col. for the interim until a new structure thereby distorting the designated to it from other councils. longer affordable in the budget. SAPU’s was agreed on. This process was to be truth (Moroka CAS Council decided to engage Public position is that we will only engage the implemented over 24 months. 786/07/2013). Service Coordinating Bargaining Council employer on the Promotion Policy after Almost all Captains and Lt. Colonels In terms of Section 40 (PSCBC) to arrange a meeting on what it the backlog has been eradicated. SAPS were already higher than the first notch The South African Policing of the SAPS Act 1995 statutory offence namely no prima facie evidence to envisages with the proposals. From the will get a fresh mandate on it and report of their respective bands. There were in Union (SAPU) won the (Act 68 of 1995) read conspiracy by conspiring prosecute the member after PSCBC Strategic Planning the whole of back at the next meeting. exceptional circumstances members notorious disciplinary with the SAPS Discipline with Brigadier V. Ndebele only one witness who is the the Justice Cluster will be relocated from promoted to Captains where those posts hearing of Captain Regulations 2006, You to commit fraud by investigating officer gave General Public Service Sector Bargaining New Salary Structure were at Commander Level. What we did Mokgeseng South are hereby charged with changing, inflating the testimony on behalf of the Council (GPSSBC) to the SSSBC. This not foresee was that Solidarity will in- African Police Service a misconduct in that you score of the candidate employer. The member crimi- will have the effect that unions that SAPS will develop a new salary structure terdict the agreement when the second (Actonville) whose matter allegedly contravened R/Constable C.T Bucibo nal matter is currently at the previously were not in the SSSBC will in terms of Agreement 2/2011. This must phase was implemented. This halted the was splashed in weekend Regulation 20(f) of the who formally scored High Court as Brigadier Nde- now form part of the SSSBC. It will also be inclusive of a new compensation whole process, even the interim meas- newspapers including the said Regulations, in lower during a post bele refuses to give evidence means that some of SAPS members who model which will take care of scarce urement agreement. Sunday Times. the Actonville policing application interview on behalf of the state as she previously were all in the SSSBC will skills. SAPS will report back with a new What SAPS however did after the in- precinct on the 2013-02- and thereby replaced is also implicated in the mat- now move over to the Education Labour mandate. terdict was to appoint Captains at the 18 in that you allegedly the candidate that ter as the chairperson of the Relations Council (ELRC) and Health. entry level. They did so where the post committed an offence scored higher. panel that was involved dur- LT./Maj. Rank Promotions became available and was not affected namely, prejudiced In terms of Section 40 ing the interviews of the can- Pay Progression by the interdict. Promotions are different the administration, of the SAPS Act 1995 didates whose issue is before This is a much debated topic. When from appointments and are not affected discipline, or efficiency (Act 68 of 1995), read the courts. During our meeting with SAPS we the Agreement 2/2011 was signed the by the interdict. It was also not part of of a department, Office with SAPS Disciplinary demanded that pay progression be rationale behind it was to have very the agreement. or institution of the State Regulations 2006, you HAIL SAPU VIVA changed from 4% every three years to senior Warrant Officers and Captains be in that you allegedly are hereby charged with SAPU Greetings 1. 5% every year to be in line with the promoted as a once off process. This was SAPU he employee was by your action, by a misconduct in that, you Alfred Tlou, SAPU Provincial rest of the Public Service. SAPS will get a done together with the understanding charged both depart- changing in writing allegedly contravened Organiser/Negotiator, mandate on our demand. that the decision to implement these Tmentally and criminal- the score of candidate Regulation 20(p) of the Gauteng SAPU ly for a matter that took place R/Constable C.T Bucibo said regulations, while in 2013 and was represented who formally scored on duty conducted he same time an in- cused him of being rude. such as counseling. by the writer. The charges lower during a post yourself in an improper, Cst. spection was done by Then seven months later There is also no evidence against the employee depart- application interview, disgraceful and Tthe provincial office. It he was charged with Regula- that the employment rela- mentally were as follows: caused the candidate unacceptable manner in Mahwayi v was duly noted that he did tion 20 (p) and (s). Both these tionship was beyond repair In terms of Section 40 who scored higher to that you on 2013-02-18 not sign the register and it regulations are on improper as the employer never led of the SAPS Act 1995 be replaced. As a result in the Actonville SAPS was marked as absent in red. conduct towards a senior evidence to this effect. In fact (Act 68 of 1995) read negatively affecting policing precinct, by SAPS When he reported for member. he was allowed to continue with SAPS Discipline proper administration your actions in allegedly duty he was confronted by During the hearing he to work for another seven Regulations 2006, You of the SAPS recruitment in writing changing Capt. Mthetwa and a man in was found guilty and dis- months. In light of this he are hereby charged with process. the score of candidate In July 2012 Cst. Mahwayi private clothes. Mthetwa told missed. SAPU then referred found that a dismissal for this a serious misconduct In terms of Section 40 R/Constable C.T Bucibo called his commander to the man he was one of those a case of an unfair dismissal type of misconduct is grossly in that you allegedly of the SAPS Act 1995 who formally scored report that he will be late who did not sign. to the Safety and Security over reacting. contravened regulation (Act 68 of 1995) , read lower during a post for duty. The commander Without introducing Sector Bargaining Council He then set aside the 20(z) of the said with SAPS Disciplinary application interview gave him permission and himself the man said to him: (SSSBC). The arbitrator in his dismissal and reinstated Cst. regulations, in the Regulations 2006, you and thereby replaced because of that he could “Chief, I was sent by General finding found that in terms of Mahwayi retrospectively but Actonville policing are hereby charged with the candidate that not signed the Z83 which is Petros”. This annoyed Cst. the Labour Relations Act any also found that Cst Mahwayi precinct on 2013-02-18 a serious misconduct, scored higher, tarnishing the attendance register. Mahwayi as he was confront- employee has the right not was not without blame and in that you allegedly in that you allegedly the image of SAPS. ed in front of everybody by to be unfairly dismissed. He reward him only 12 months committed a common contravened Regulation someone he didn’t know. also found that the Regula- back pay. Cst. Mahwayi was law or statutory offence 20(z) of the said The charges above were He replied that his com- tions require that the impact represented by Thapello namely fraud in that you regulations, in the all withdrawn by the employ- Together we mander knew and they of the misconduct on the em- Kgharetsame. wilfully, wrongfully and Johannesburg SAPS er at the hearing held at SAPS should sort it out with him. ployee’s work be taken into intentionally committed policing precinct in that Yk Building on 15 July 2015 as will make a The duo were not happy consideration as well as other SAPU an act to wit made a you allegedly committed the employer failed to prove about his conduct and ac- sanctions short of dismissal misrepresentation in a common law or all the charges and there was difference
26 27 Union matters
SAPU Newsletter - Second quarter 2015 SAPU Newsletter - Second quarter 2015 WHAT ARE UNCLAIMED BENEFITS? MEMBERSHIP APPLICATION FORM A
Update your details SOUTH AFRICAN POLICING UNION Tfrom a retirement fund that has become legally due and payable, but has not been paid for a period exceeding 24 months. Although Private Bag X900, Pretoria, 0001, Tel : 0861 927278 - Fax ( 086 ) 7563431
GEPF has its own law (the Government Employees Pension Law), Please remember to let us know about your latest postal address and contact details, including your cell phone number, so that we can stay in touch with Personal Details: ID Number: ______Date of Birth: ______
Our toll free Call Centre (0800 117 669) will assist you with First Names: ______Surname: ______% updating your contact details; alternatively you can send an email to % A tax directive is declined by SARS due to the member’s tax Initials: ______Title: ______Gender: ______Marital Status: _____Language: ______affairs not being in order; % Personal Contact Details: details and dormant or frozen bank accounts, among others; and Tel Number (___) ______Cell (___) ______% Full home address : ______
Postal Address:______
Employment Details: of the necessary information. Full name and address of employer: Employee Number:______
C ______Rank Held: ______M In addition to the current efforts that GEPF makes to trace ______Station/Unit:______Y ______Region/Province:______CM ______Code:______Tel Number: (___) ______MY REPORT FRAUD!
CY E-Mail Address: ______Fax Number: (___) ______GEPF’s fraud hotline is running at full CMY How can you assist? steam and we encourage members, I, the undersigned, hereby apply for membership of the South African Policing Union and undertake to K Current members can assist by ensuring that their personal pensioners and the community at uphold the provisions of the Union as set out in the Constitution. information and contact details are regularly updated with the Fund. In addition, members need to ensure that they submit the necessary large to use it to report any corruption, fraud or unethical conduct relating to ______SIGNATURE: DATE: Fund, and ensure that this form is updated as and when required. pensions and GEPF. Calls to the hotline are free and callers do not have to give Members must also ensure that their tax affairs with SARS are in Employee number: ______STOP ORDER order at all times. Failing to do so will result in GEPF not being able their names when reporting a matter.
The fraud hotline number is Surname and Initials: ______Members are also advised to educate their dependant(s) about 0800 43 43 73 (0800 43 GEPF) Telephone number:______ID number : ______member passing away, as well as how to go about claiming such and calls are answered 24 hours a day. I request and authorise the Employer’s Accounting Officer to deduct a single amount of R45 as admission fee and a monthly membership fee of R45 from my salary as from date of this application. The monthly deductions must continue until such time I cancel it in writing with Former members, or dependants of former members, who suspect the South African Policing Union (SAPU) by providing them with a copy of my cancellation form.
______SIGNATURE DATE:
For Office Use: Full Name of Rep: ______Persal Number:______
Provincial Office: ______Date: ______
28 29 SAPU Newsletter - Second quarter 2015 Know your brand, know your organisationSAPU Newsletter and know- Second what quarter you 2015 reperesent
MEMBERSHIP APPLICATION It is not just a star, it represents the following: FORM B Tact SOUTH AFRICAN POLICING UNION 85 Rauch Avenue, Georgeville, Pretoria 0184 Sympathy Perseverance Private Bag X900, Pretoria, 0001, Tel: 012 804 2088 SAPU Fax: 086 7563431
Personal Details: Observation Gallantry
First Names: ______Explicitness Loyalty Surname: ______Dexterity Initials: ______Title: ______Gender: ______Tact: Skill and sensitivity in dealing with others on difficult issues [when negotiating at the Chambers we always strive for what is best for our members] Marital Status: ______Language: ______perseverance: Continue in a course of action in spite of difficulty [we will fight for our members no Tel Number (___) ______Cell (___) ______matter what they say to belittle us]
Gallantry: Courageous behaviour, especially in battle [we will exist for life, we are here to stay] Dependants Details: Loyalty: A strong feeling of support on allegiance [loyalty cannot be bought, it is where you Spouse Name: ______belong ID Number: ______Explicitness: Stated clearly and precisely [we say things without fear or favour] Initials: ______Title: ______Gender: ______Observation: The action on process of closely monitoring [we will closely monitor SAPS on Tel Number (___) ______Cell (___) ______implementataion of its programmes]
Sympathy: Feelings of pity and sorrow for our members’ misfotunes [we have investments for our 1) Name: ______Gender: _____ I.D. No: ______members to take care of their different needs under their own company Dibanani]
2) Name: ______Gender: _____ I.D. No: ______Dexterity: Skill in performing tasks [we are very professional when it comes to represent our members in grievances and departmental trials] The colours on your brand 3) Name: ______Gender: _____ I.D. No: ______Mustard Yellow = Love and overcoming challenges
4) Name: ______Gender: _____ I.D. No: ______Royal Blue = Sincerity
Black = Wisdom 5) Name: ______Gender: _____ I.D. No: ______White = Perfection
Signature of Member: ______This is what you represent, understand your brand, wear your star with pride, walk tall and do not be shy to tell them your values and ethics. Do not allow them to tell Signed at: ______you who you are. Tell them about yourself, your brand and organisation.
Date: ______Viva SAPU Viva! 30 31 SAPU Newsletter - Second quarter 2015
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