In the wake of historic judgment, at least two probes scrutinise gangster infiltration of Western Cape police

16 Nov 2022

Daily Maverick reported last month on a court judgment warning that 28s gangsters had infiltrated the Western Cape’s police management. This has led to the South African Police Service again investigating its own members for criminality.

The South African Police Service (SAPS) is investigating whether 28s gangsters infiltrated cop management in the country’s gangsterism capital, the Western Cape. This comes on top of other probes into its own members.

Aside from the investigation into gangsters possibly worming their way into high-level police circles, the SAPS is also looking into allegations that some of its members did not do enough to prevent the assassination of Lt-Col Charl Kinnear two years ago.

Kinnear, who was a member of the Anti-Gang Unit (AGU) in the Western Cape, was investigating organised crime suspects — including fellow police officers — at the time he was gunned down outside his home in Cape Town in September 2020.

Among those arrested in connection with Kinnear’s murder was Ashley Tabisher, a police sergeant who was also a member of the AGU.

The court case against Tabisher and his co-accused is currently under way.

Worrying Anti-Gang Unit claims

Last month, Daily Maverick reported on the judgment delivered by Judge Daniel Thulare in the Western Cape High Court on 17 October, relating to a case concerning gangsterism.

A section of the judgment said: “The evidence suggests that the senior management of the SAPS in the province has been penetrated to the extent that the 28 gang has access to the table where the Provincial Commissioner of the SAPS in the Western Cape sits with his senior managers and lead[s] them in the study of crime, develop[s] crime prevention strategies and decide[s] on tactics and approach[s] to the safety and security of inhabitants of the Western Cape.

“This includes penetration of and access to the sanctity of the reports by specialised units like the Anti-Gang Unit and Crime Intelligence, to the Provincial Commissioner.”

Daily Maverick has previously reported that when the AGU was launched in the Western Cape towards the end of 2018, it appeared that a sensitive document naming the cops who were in the unit was leaked from within police ranks.

This suggested that gangsters may have seen who in the police service would be investigating them.

‘Elements work with gangsters’

On 9 November in Parliament, Deputy Police Minister Cassel Mathale, speaking about the judgment and also referring to the AGU, said: “There are elements that work with gangsters… within the police service — we do have elements who are engaged in criminal activity and such elements, when found, we take action against them”.

Mathale made it clear, however, that the whole service should not be viewed as a criminal organisation.

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He said the judgment meant that only “some members” of the SAPS, as well as the judiciary or prosecuting structures, “were indebted to criminals”.

Mathale emphasised it was not entire services that were rotten.

“If it were [the case],” he said, “we would not have had this judgment.”

Mathale said that while Judge Thulare was part of the judiciary, he had been able to articulate concerns about the authorities. This suggested there were “clean” elements within the state highlighting and opposing the dirty elements.

Police investigating police

During the 9 November meeting in Parliament, a SAPS presentation, part of which related to Judge Thulare’s judgment, was shared.

It said the judgment had been studied and that “the SAPS views the allegations made in the judgment as serious and concerning. Any member who makes him or herself guilty of transgressing the law exposes themselves to investigation and criminal prosecution and/or disciplinary proceedings if this is warranted on the facts of the matter.

“A senior officer of the level of a Lieutenant General has been appointed to investigate the matter.”

It was not immediately clear when the investigation would conclude.

Police ombud probe

There has been another investigation, separate from that of the SAPS, into the judgment.

Towards the end of last month, Western Cape Premier Alan Winde announced that the province’s police ombud, Oswald Reddy — a retired cop — was tasked with investigating whether there were dubious links between gangsters and officers.

Last week, Winde received a progress report on this investigation, which is said to be at an advanced stage.

“We must use all the resources available to us, such as the Police Ombud, to get to the bottom of this issue… These allegations horrify me, and we must get answers that will inform our next steps,” said Winde.

He questioned whether enough evidence would emerge from the ombud investigation to validate the setting up of a commission of inquiry into policing.

‘Not all cops are corrupt’

Meanwhile, during last week’s meeting in Parliament when the gangs/cops judgment was discussed, police committee chairperson Tina Joemat-Pettersson emphasised that not all police were corrupt.

“For us to clear the name of SAPS — to ensure the integrity of SAPS is protected — we must get to the bottom of Judge Thulare’s [judgment].

“As long as we do not have any consequence management, we will continue the perception that there [are] serious problems with the senior management of SAPS in the Western Cape.”

Joemat-Pettersson said that such a perception needed to be dealt with.

“It is important for our whole country that the name of SAPS is not tarnished. If that happens, we are all in serious trouble.”

A bad light

Other incidents, extending further than the Western Cape, have previously painted the SAPS in a bad light — and continue to do so.

Daily Maverick previously reported that the Independent Police Investigative Directorate (Ipid) — which launched an investigation into Charl Kinnear’s murder — also lodged criminal complaints against former national police commissioner Khehla Sitole.

Sitole, Ipid alleged, failed to cooperate with their investigation into Kinnear’s murder. At the end of March this year, Sitole, who denied Ipid’s accusations, was forced to vacate his position.

At the time, the Presidency issued a statement saying: “President Ramaphosa and General Sitole have agreed that the early termination of the Commissioner’s contract is in the best interests of the country.” DM

Caryn Dolley has spent years tracing the footprints of crime/drug kingpins from across the world. In her latest book, Clash of the Cartels, Dolley provides unprecedented insight into how specific drug cartels and syndicates have operated via South Africa, becoming embroiled in deadly violence in the country and bolstering local criminal networks. Available now from the Daily Maverick Shop.

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