TRC Final Report

Volume 5

Chapter 8

Subsection 19

Policing

68 The Commission found that members of the SAPS were responsible for a substantial proportion of human rights violations committed during its mandate period. These recommendations are based on the Commission’s understanding of the role played by the South African Police (SAP) in the past and the concern that, despite all efforts to reform the SAPS and improve police performance, reports of torture, coerced confessions, deaths in custody and other human rights violations remain common occurrences. More than 370 deaths in police custody or as a result of police action were reported in the six-month period from April to September 1997. While reform within the SAPS is obviously essential, this must be accompanied by appropriate independent monitoring and proper accountability.

Provincial police services

69 The Commission thus recommends that:

PROVINCIAL GOVERNMENTS NOT BE PERMITTED TO EXERCISE UNFETTERED POWER OVER PROVINCIAL POLICE SERVICES.

The Independent Complaints Directorate

70 The Commission recommends that:

THE INDEPENDENT COMPLAINTS DIRECTORATE (ICD) BE GOVERNED BY NEW LEGISLATION, INDEPENDENT OF GENERAL POLICE LEGISLATION.

THE ICD BE GENUINELY INDEPENDENT OF THE MINISTRY FOR SAFETY AND SECURITY.

THE ICD HAVE POWERS TO COMPEL THE SAPS AND OTHERS TO COMPLY WITH ITS REQUESTS RELATED TO CONDUCTING AN INVESTIGATION, INCLUDING POWERS OF SEARCH AND SEIZURE.

THE ICD BE GIVEN THE AUTHORITY TO BRING TO THE ATTENTION OF RELEVANT OFFICIALS ANY FAILURE ON THE PART OF THE SAPS TO RESPOND TO ICD RECOMMENDATIONS TO TAKE DISCIPLINARY OR LEGAL ACTION.

THE ICD BE MANDATED TO INVESTIGATE CORRUPTION WITHIN THE SAPS, RATHER THAN THIS TASK BEING ALLOCATED TO A UNIT WITHIN THE SAPS.

THE ICD BE GIVEN THE CAPACITY, RESOURCES AND AUTHORITY TO CONDUCT PROACTIVE INVESTIGATIONS AND EVALUATIONS OF OVERALL POLICING POLICIES AND PRACTICE, AS WELL AS TO RESPOND TO COMPLAINTS.