Statement on news reports following the release of an investigation report relating to the former Gauteng Provincial Police Commissioner

14 June 2010

The Public Protector, Adv Thuli Madonsela, has noted weekend media reports on the investigation report relating to failure by the former Deputy Provincial Commissioner of the South African Police Service (SAPS) in Gauteng to investigate an allegation of criminal activities committed by certain members of the police and the public.

The news reports were published in, among others, the Sunday Independent of 13 June 2010, page 4, under the headline: “Police chief to probe crime intelligence boss.”

The report was submitted to the Minister of Police and Gauteng Provincial Commissioner of Police on 17 December 2009. Since the release of the report, SAPS has since been complying with the remedial action taken by the Public Protector and progress reports were forwarded to the Public Protector on a regular basis.

Immediately after the report, SAPS requested a meeting and such meeting took place on 19 January 2010 between the Adv Madonsela and Commissioner TS Mpembe and Major General Taioe. At this meeting SAPS reported that they had investigated the allegations in question but due to transitional challenges, as Commissioner Mdluli moved elsewhere, there was a communication breakdown with the Public Protector, for which SAPS apologised.

On 25 January 2010, SAPS provided documentary evidence of steps taken to investigate the matter. According to the documents, the investigation could not confirm either a chopshop or drug activity. However, a police radio was found and SAPS undertook to investigate its origins.

On 15 March 2010, SAPS, through Commissioner Mpembe, wrote to the Public Protector, indicating that a disciplinary docket had been opened and a Senior Superintendent from Mamelodi East had been appointed to investigate the matter.

The latest correspondence from the SAPS was received on Thursday, 10 June 2010, the same day the Public Protector held a media briefing. In this correspondence the SAPS reported that criminal cases of negligent loss of state property and defeating the ends of justice had been registered and that the Departmental Trial for a member charged with negligent loss of state property would be held on 22 June 2010. A second SAPS member has been charged.

Government Departments are urged to respond to interim reports to avoid unnecessary adverse findings.