Declassified — Ipid report on cops who failed to prevent Charl Kinnear’s murder

Carlisle, Charl, Casleigh and Nicolette Kinnear. (Photo: Supplied)

6 Nov 2024

The declassification of a top-secret Ipid report relating to the late Charl Kinnear could revive nine charges of culpable homicide filed by his widow, Nicolette, against the nine police officers mentioned in the report. Those wanting to access the report, however, still need to submit a Paia application.

Four years after Anti-Gang Unit (AGU) Lieutenant Colonel Charl Kinnear was shot dead outside his Bishop Lavis home in Cape Town on 18 September 2020, the Independent Police Investigative Directorate (Ipid) has declassified its report on his assassination.

ipid report kinnear The scene outside the Bishop Lavis, Cape Town, home of Lieutenant Colonel Charl Kinnear, who was gunned down in his car shortly after 3pm on 18 September 2020. (Photo: Gallo Images / Brenton Geach)

The report contains the names of officers who were purportedly aware of the threat to his life, but inadvertently ignored it.

The Hawks were monitoring pings on Kinnear’s phone at the time of his death. The pings occurred at least 2,400 times, the most recent being 25 minutes after his murder. They were reportedly crucial in helping his alleged killers track his movements.

More concerning was that, despite the authorities’ knowledge of the threat to his life, no security was placed at Kinnear’s home. He was a sitting duck when a gunman approached his car around 3pm on the fateful day and shot him through his car window.

Read more: Hawks were monitoring pinging of Kinnear’s phone when he was assassinated, court hears

At a media briefing in Cape Town on Wednesday, 6 November 2024, Ipid executive director Dikeledi Jennifer Ntlatseng said she was pleased to announce Ipid had decided to declassify the investigation report.

“The decision was prompted by the developments that have taken place around the issues that have compelled us to classify the report in 2022. I’m also satisfied that we have made significant progress in this matter through our investigation.”

She said Ipid had made criminal referrals for prosecution to the Director of Public Prosecution (DPP) and made disciplinary recommendations to SAPS and the Hawks against implicated officers.

On Wednesday, Western Cape NPA spokesperson Eric Ntabazalila told Daily Maverick: “The DPP Office has not received any communication or documents with regard to what was allegedly announced at the media briefing.

“The DPP Office is therefore not in a position to comment on its position until it has engaged with the Ipid.”

The declassification of the report comes a day after Judge Robert Henney, presiding over the Kinnear murder trial under way in the Western Cape High Court, questioned whether the report could be introduced as evidence.

“What is contained in that report is of no value to this court unless it is proven by means of evidence. The report does not have any evidential value unless it is proven to be fact,” he said.

Culpable homicide

ipid kinnear nicolette Nicolette Kinnear, the widow of Anti-Gang Unit detective Lieutenant Colonel Charl Kinnear. (Photo: Shelley Christians)

On 5 August 2022, Kinnear’s widow Nicolette laid charges of culpable homicide against officers who she claimed caused her husband’s death through their alleged reluctance to act.

Police confirmed the case, stating that Ipid had taken over both the docket and the investigation because it involved allegations against police officers.

“I know the names of the officers against whom I filed charges. Top senior police officials were warned about my husband’s life threat well in advance. Nothing was done. The declassification of the report strengthens my case. I will monitor to process when they are charged and appear in court,” she told Daily Maverick.

She said she had applied on three occasions to have the report declassified, which had been denied. She said the report should never have been classified in the first place.

“I know what is in the report. We had a meeting on the 23 May 2022 with the Ipid and the panel. At that meeting it was said that Police Minister Bheki Cele had signed off the report on 17 May 2022,” she told Daily Maverick.

Why Ipid declassified the report

According to Ntlatseng, in 2022, Ipid classified the report because it needed to protect sensitive witness information, including the information from the implicated officers who had not yet been charged.

In November 2021, Daily Maverick reported extensively on Ipid’s preliminary report. Daily Maverick also published several articles on Ipid’s final report in June 2024 – the report that was subsequently restricted. Both reports, leaked to the media and others, made scathing findings against several cops, including top officers.

Ntlatseng said Ipid could declassify the report as there had been developments on the issues that compelled Ipid to classify the report in 2022.

She said National Police Commissioner Fannie Masemola indicated that SAPS had initiated a disciplinary process against the officers identified in the report in line with Ipid’s recommendations.

Regarding the criminal sanctions against the officers, Ipid said that it would continue to engage with the DPP to review its original decision not to prosecute.

Ipid leaders said they were also aware of incriminating evidence that had emerged in the Western Cape High Court trial involving Kinnear’s death.

During one of the high court proceedings in September this year, alleged underworld figure Nafiz Modack’s legal representative, advocate Bash Sibda, said a police captain, who Kinnear named in 2019 as being part of a group of “rogue” policemen, would testify in Modack’s defence.

ipid kinnear modack Nafiz Modack at Western Cape High Court on 7 May 2024. (Photo: Gallo Images / Die Burger / Theo Jeptha)

Legal framework

Stephens Ramafoko, Ipid’s head of legal services, shed light on the regulatory framework for document and information classification.

According to Ramafoko, classification was done in accordance with the Minimum Information Security Standards (MISS), which were adopted and approved by the Cabinet on 4 December 1996.

“When we do classification we consider the sensitive nature of information held by the State and which might compromise the safety of the state or other people.

He noted that there were four levels of classification: restricted, confidential, secret and top secret.

“The report in question was classified top secret. The reason for this is that, as stated by the executive director, disclosing the information, including the names of witnesses and implicated SAPS members, would jeopardise the investigation and lead to unnecessary litigation.

“Imagine a situation in which you read about yourself being involved in a matter, but have not yet been formally informed of that particular issue. That would undoubtedly have far-reaching consequences for Ipid,” he said.

In terms of MISS, he said exposing information could disrupt the effective execution of information or operational planning or plans, seriously damage operational relations between institutions, lead to the termination of diplomatic relationships between states, and could even result in a declaration of war.

“In this instance, in order to protect the integrity of the investigation and also protect the name of the witnesses and officers and everyone else that was involved or whose names that was contained in the report.

“On that basis, we thought it prudent the report be classified top secret. But the processes have unfolded, we have observed movements in terms of this matter and now a conscious decision was taken … to declassify,” he explained.

Ramafoko reiterated that, while the document was declassified on 1 November 2024, the Prevention of Access to Information Act (Paia) continued to apply.

This meant that to obtain the report, one had to submit a Paia application including compelling reasons why a person should receive that particular report.

Officers implicated

ipid report kinnear lincoln Retired Anti-Gang Unit head Major General Andre Lincoln. (Photo: Vincent Cruywagen)

Topping the list of the nine police officers implicated in the declassified report is that of former AGU head Major General André Lincoln.

Mario September, the lead investigator in the Kinnear probe and the deputy provincial head of the Western Cape, confirmed that apart from Lincoln, the other officers were two brigadiers, one stationed at Crime Intelligence Western Cape and another at Crime Intelligence national offices; three captains, one stationed at the Western Cape provincial office; one at Crime Intelligence, and another at the operational room at the AGU; and the rest of those linked were based at the Western Cape warrant office.

Approached for comment on Wednesday, Lincoln told Daily Maverick, “I have no comment at this time. I have not seen the report. I’d like to take some advice.”

September further explained when the report was classified in 2022, the National Prosecuting Authority declined to prosecute. Ipid received a letter from the NPA and was dissatisfied, he said.

“NPA’s constraint in reviewing the matter if the final report is not declassified — that is one of the reasons we have taken the steps to declassify the report.”

For police members who are no longer in service, September stated that Ipid could not charge them departmentally, but criminal conduct remained a factor, and they might face criminal charges.

Kinnear’s family ‘disgusted’

ipid report kinnear From left: Carlisle, Charl, Casleigh and Nicolette Kinnear. (Photo: Supplied)

What was supposed to be a happy day for the Kinnears turned to tears when they were not invited or informed of the media briefing on Wednesday.

Kinnear’s widow pointed to specific comments from Ramafoko, who had stated: “The truth is that as Ipid, much as we are sympathetic with the family on what happened, we owe accountability more to the nation than to individuals, and by so saying, we are not trying to be arrogant, we are saying we have not excluded the family completely from the knowledge space, and we will definitely engage them.”

In response, Nicolette Kinnear stated: “It is disgusting that our family was not invited. Ipid showed disrespect and disregard by saying that the nation has the right to know before me and my children.

“The fact that the media briefing was scheduled without our knowledge is even more disgusting. Personally, I do not want to meet with Ipid,” she said.

Ntlatseng said Ipid would meet with the Kinnear family as part of the process of declassifying the report.

“Ipid will meet with them in the coming weeks to walk them through this report and explain why it was declassified. We have not left them behind,” Ntlatseng explained. DM

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South Africa

Culpable homicide

Why Ipid declassified the report

Legal framework

Officers implicated

Kinnear’s family ‘disgusted’