Concerns have been raised about police officers being allowed to act with impunity as recent research shows those charged for misconduct and criminal behaviour face little chance of being sanctioned internally by the South African Police Service (SAPS).

An analysis of 7946 disciplinary cases between 2019 and 2024 shows that in 77% of cases there were no sanctions for a variety of reasons including officers being found not guilty or cases were withdrawn. In only 10% of the cases were officers dismissed from their jobs.

The data, compiled by David Bruce, an independent researcher and Institute of Security Studies consultant, was sourced from SAPS annual reports and the Safety and Security Sectoral Bargaining Council (SSSBC). However, the national police have questioned the statistics, saying that officers are sanctioned for offences. The study warns that the lack of consequence management raises the possibility of SAPS members acting with impunity, knowing there is little chance they can be held accountable for wrongdoing.

The research also comes after the internal disciplinary processes of the police were thrust into the spotlight recently after it emerged that VIP unit officers, assigned to deputy president Paul Mashatile, had been acquitted in an internal case related to the alleged assault of a motorist on a highway. The criminal case is ongoing.

Policing experts stated that the study appeared to be accurate, pointing out that there have been many instances where police transgress in very serious ways and face no consequences. The report highlighted the potential problems that could be entrenched if police are not sanctioned for wrongdoing.

Excessive force—from fairly routine assaults to more serious forms of torture—is far more widely tolerated in the SAPS than is officially acknowledged, the study said.

“Disciplinary sanctions aren’t often applied for these infringements. Other police offences, such as corruption and rape, are more likely to result in internal convictions,” the report said.

The research also noted that the Independent Police Investigative Directorate (IPID) received 3,176 reports of serious assault and 273 reports of torture in the 2023/24 year. The SAPS reported 55 disciplinary convictions for serious assault and 10 for the use of ‘unlawful force’ or other ill-treatment of a person in custody but it did not indicate the sanctions imposed for these offences.

The report noted that at the SAPS Policing Summit in April, discussions highlighted the weakness of the disciplinary system. “Police serving in disciplinary hearings as presiding officers or prosecutors (employer representatives) are frequently poorly acquainted with relevant aspects of the law.

“This was confirmed at the summit by police trade unions, which often represent accused SAPS members. The SAPS disciplinary system must set clear standards regarding police conduct. Many members allege that disciplinary measures are not consistently carried out and are strongly influenced by favouritism or other factors. Presiding officers may also be colleagues of those facing disciplinary charges,” the report stated.

The study recommended that police leadership should commit to upholding high standards of conduct and professionalism among their members. Doing so requires a more effective SAPS disciplinary system and a commitment to implementing policies that support the reasonable and necessary use of force and prevent excessive force by police, it said.

Policing and justice expert Mary De Haas said SAPS management has been tainted by political appointments in the past who are often not suited for the job. “You have a lot of people not qualified for management. I have been calling for the SAPS to conduct a qualifications audit. You have a lot of people who are in the wrong positions, but in between, you have a lot of good police officers,” she said. “A lot of the best people have been fired,” she added.

Ian Cameron, the chairperson of the Police Portfolio Committee, said there is accuracy in the findings by the ISS. “We can really see it. There are countless examples of police who transgress in very serious ways, but they are still at work,” he said, adding that recently he had to deal with two cases.

In the first incident, an officer was caught with drugs. “He is out on bail and back at work, and another officer in the Eastern Cape admitted in his disciplinary hearing to having committed armed robbery and being in possession of a firearm, and despite that, his sanction was two months unpaid leave and he is back at work.”

He said part of the regulations regarding discipline needs to be revised.

In response to questions, SAPS national spokesperson Brigadier Athlenda Mathe said the findings cannot be true, stating that officers were disciplined. “We have dismissed more than 2,000 in five years—just last year alone we dismissed 23 for rape.”

THE MERCURY

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