Issued by: Ministry of Safety and Security
APRIL 02, 1997.
REPORT BY THE INDEPENDENT COMPLAINTS DIRECTORATE INTO POLICE CONDUCT DURING THE INVESTIGATION INTO THE ROBBEN ISLAND RAPE CASE.
This afternoon (at 17h00), I met Ms Nomboniso Gasa, and her legal representative Zenbia Du Toit. I handed them the executive summary of a report which I received from the Independent Complaints Directorate (ICD). Also present at the meeting was the Advisor to the Ministry for Safety and Security, Mr Peter Gastrow.
The ICD has supplied me with an executive summary relating to its investigation into the conduct of members of the South African Police Service who investigated a case of rape reported on Robben Island on 20 January 1997. The executive summary is annexed hereto.
I accept the findings contained in the report and the qualifications attached to them and have asked the National Commissioner of the SAPS to study the recommendations with a view to operationalising them in the best possible manner.
Most of the recommendations aimed at correcting shortcomings in the way in which the police deal with rape complainants are in line with the thinking within the Department of Safety and Security and with the dirction in which the SAPS is moving.
I wish to thank the Independent Complaints Directorate for the report. I am also greatful that members of the South African Police Service co-operated with the ICD. I trust that the investigation will serve the interests of the complainant, the South African Police Service as well as the public at large.
EXECUTIVE SUMMARY
1. Following a reported rape committed on Robben Island on 20 January 1997, The Minister for Safety and Security, Mr F S Mufamadi, by way of a letter dated 5 February 1997, requested the Independent Complaints Directorate ("ICD") to investigate allegations made against certain members of the Service through the media and by way of a formal complaint from the complainant's attorneys.
2. In terms of the Ministers' request, the ICD was required to:
1. Investigate and assess the conduct of members of the SAPS involved with the investigation into the alleged rape and to establish whether there is any prima facie evidence of negligence, improper conduct or a dereliction of duty on the part of any such member in the manner in which the investigation was handled:
2. Investigate and assess the conduct of members of the SAPS in order to establish whether any member acted in insensitive or improper manner towards the complainant;
3. Report the findings relating to 1 and 2 above and make recommendations:
3.1 about appropriate action to be taken where necessary; and 3.2 on how to address any defnvestigating team in the manner in which the investigation was handled. Again this does not apply to subsequent members of the investigating team:
5.3 there is prima facie evidence of negligence, improper conduct, dereliction of duty and insensitivity on the part of members of the Service in their dealings with the media;
5.4 the investigating team gained the distinct impression, from the totality of the evidence of the SAPS members, that some of them had colluded with each other in formulating their versions. The ICD did not, however, investigate this matter further as it fell outside its scope and terms of reference.
In this regard, the ICD would like to express its displeasure at the conduct of those members during the course of its investigations.
5.5 it was the opinion of the panel that:
5.5.1 Const McLean and Capt Jones colluded with each other with regard to the time that McLean returned from the hospital in order to justify their telephone call at that hour of the morning; 5.5.2 Const McLean was less than truthful about the circumstances of the altercation with Mr Suttner over his presence during the taking of Ms Gasa's oral statement. According to the evidence of Const Mostert, as well as Mr Suttner himself, McLean never offered the explanation to Mr Suttner as he testified that he did;
5.5 as far as the subsequent investigation of the case is concerned, there is no evidence before us that could lead us to any conclusion other than that those members involved conducted such investigation with a high degree of competence and professionalism;
6. The ICD has made the following recommendations:
6.1 It is recommended that, notwithstanding the findings contained in paragraph 5 above, which the ICD views in a serious light, no disciplinary action be taken against the members concerned as no bad faith could be found on the part of such members.
It is our view that such insensitivity and negligence that was displayed is almost entirely as a result of a lack of adequate training on the part of the Service of its members. This must be urgently addressed by the National Commissioner and our recommendations in this regard follow below.
6.2 It is recommended, however, that in the light of our finding that certain members viz. Const McLean and Capt Jones, were dishonest in their evidence before us and did not take us into their confidence, that such members by strongly reprimanded.
6.3 it is strongly recommended that the relevant senior officer viz. The Provincial Commissioner (Western Cape area) publicly acknowledge the findings of this report and apologise unreservedly to Ms Gasa for the insensitivity displayed to her as set out above. This would go a long way to restoring good relations between Ms Gasa, the public in general, and the Service.
6.4 It is recommended that the South African Police Service should embark on an intensive education and training rpogramme which should involve its examining authority (Technikon RSA) and other relevant governmental and non-governmental organisations dealing with the issue of gender violence against women, rape and other sexual offences and the consequences thereof. Such training should be aimed at improving the member's understanding of the particular nature and consequences of violence against women and of the context in which such violence occurs; and at enhancing their capacity to respond appropriately and sensitiviely to such complaints.
The ICD is aware of several non-governmental organisations which would be able to assist the Service with the above recommendation, viz Rape Crisis, Institute of Criminology. The ICD is further aware that the cost of such courses is not prohibitive.
6.5 It is recommended that attached to each Police Station should be at least one, and preferably more, suitably trained female and male members qualified to deal with victims and survivors of rape and other sexual offences.
6.6 It is recommended that at the stage where a rape or any other sexual offence is reported, that the complainant is offered the choice of a female or male member to assist her in the initial stages of the investigation.
6.7 It is recommended that women must be included in the team of personnel who received and process reports as many survivor's of male violence are unable to talk openly about their experiences to men.
6.8 It is recommended that each Police Station should be in possession of a list of organisations in its area that work with gender violence issues. It should become standard procedure to ask every victim of a sexual offence whether she has a support system, and if not, to assist her in contacting an appropriate organisation.
6.9 It is recommended that a more neutral and enabling environment, other than a charge office, be made available where women can feel more comfortable to talk about their experience.
6.10 It is recommended that the issue of tender violence and sexual violations against women and children urgently need to be given priority in the Service and a public and political level.
6.11 It is recommended that the Service needs to urgently review its internal mechanisms regarding the release of information to the media containing details of investigations which its members are conducting. The ICD views this issue in a very serious light having regard to our findings as to the manner in which this matter was handlded in the Press and by senior Police officials. Whilst we appreciate that it is difficult to prevent information from being leaked to the meadia. urgent steps need to be taken at a senior level to educate members and form policy in this regard. Members need to know that the leaking of information to the media is viewed in a serious light.
6.12 It is recommended that the Service urgently review its entire procedure and guidelines regarding the investigation of rape and other sexual offences and that a Code of Conduct be drawn up to guide and assist members when investigating such cases. The Service should consult widely in regard to the contents of such a Code and should receive expert input in this regard.
7. In Conclusion, it is mentioned that with the exception of the displeasure expressed in paragraph 5.4 above, the ICD received unreserved and excellent co-operation from all parties concerned in its investigation. We wish to express our thanks in this regard, and especially to those who took the time to assist us by formulating written submissions.
INDEPENDENT COMPLAINTS DIRECTORATE PRETORIA 27 MARY 1997
Enquiries: Maxwell Mulaudzi 082 373 2005