A senior official at the Independent Police Investigative Directorate (IPID), Thulani Magagula has revealed that an EMPD officer accused of repeatedly raping two young girls remained on active duty throughout his criminal trial.

He was dismissed only after his conviction.

Testifying at the Madlanga Commission on Friday, Magagula described a troubling pattern in which officers accused of sexual abuse were allowed to remain in service, despite clear evidence provided by IPID.

“There was a serial rapist in EMPD…he was still working, raping minor children. His dismissal was not because of their department. It was because of the criminal conviction,” Magagula testified.

The officer in question, identified in testimony as officer Adam Cummings, received multiple life sentences following his conviction.

Yet during the trial, he remained on the payroll, a disturbing fact that Magagula said reflected “a common practice” in the department: waiting for lengthy criminal proceedings to conclude rather than enforcing internal accountability.

Last year, the commission head that EMPD acting chief, commissioner Julius Mkhwanazi and his team of officers refused to undergo the annual vetting process, after 275 EMPD officers were found to have criminal records in 2022, while 100 others were awaiting trial.

This was revealed by retired EMPD deputy chief Revo Spies, who testified before the commission that a criminal record verification process launched in 2022 uncovered widespread criminality within the metro police ranks, only to be suddenly stopped by city officials.

Magagula also highlighted a second case involving another EMPD officer, accused of raping a child known to him.

Like Cummings, the officer only faced consequences after a court conviction.

“They will have our copies, but nothing will happen. They will park it there. So they are depending on the outcome of the IPID criminal investigation,” he explained.

The testimony painted a picture of a department more focused on internal infighting and “political no-go zones” than on protecting children or ensuring accountability.

Magagula described how copies of criminal charges sent to the EMPD were often used by officers to wage internal battles rather than trigger disciplinary action.

“Those are the successes that they will have departmentally, not because of their investigation,” he said. “Remember, criminal proceedings run for a long time.”

IPID’s evidence suggested the EMPD’s internal disciplinary processes are slow, reactive, and sometimes ineffective, particularly when serious allegations involve sexual abuse of minors.

Victims are left exposed, while the accused continue to wear badges and enjoy the authority of the state.

Magagula urged the commission to examine the department’s failure to act proactively, questioning whether suspensions, risk assessments, and timely internal hearings could prevent such abuses.

kamogelo.moichela@iol.co.za

IOL Politics

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