‘Police are withdrawing my security again, despite imminent murder trial’ — slain cop Charl Kinnear’s widow

A candle burns in front of a portrait outside the house of murdered policeman for the one-year memorial lecture of Lt Col Charl Kinnear in Bishop Lavis on September 18, 2021 in Cape Town, South Africa. (Photo: Gallo Images/Brenton Geach)

By Caryn Dolley

12 Jan 2024

Detective Charl Kinnear was assassinated outside his Cape Town home in September 2020 when he should have been under state protection but was not. Now his widow Nicolette says police are planning to withdraw her family’s security detail — again — this time ahead of his murder trial.

History is repeating itself for Nicolette Kinnear, the widow of assassinated detective Charl Kinnear.

On Friday, 12 January, she told Daily Maverick that police officers based in the Western Cape had verbally informed her that a security detail previously assigned to her, was set to be withdrawn.

She has not yet gotten written confirmation of that.

Nicolette and her two sons have mostly been provided a security detail since Kinnear’s murder.

As a safety precaution, Daily Maverick will not provide specifics about the detail.

Kinnear was assassinated outside his Bishop Lavis home in Cape Town in September 2020.

At the time, he was investigating several organised crime matters, as well as fellow colleagues who were suspected of creating fraudulent firearm licences for suspects.

The matter has exposed suspicions of deep-rooted cop corruption.

Imminent trial

Several accused, including alleged organised crime kingpin Nafiz Modack (who Kinnear had been investigating) were arrested in connection with Kinnear’s killing.

Read more in Daily Maverick: Trial for murder of Cape Town Anti-Gang Unit officer Charl Kinnear set to be heard in January

While Modack is expected back in the Western Cape high court on 18 January to resolve some matters, the trial against the full group of accused arrested over the murder is expected to commence on 29 January.

One of them, Zane Kilian, is also expected back in the Western Cape High Court shortly before the trial, on 24 and 25 January, for the continuation of bail application proceedings.

Meanwhile, the gunman who pulled the trigger on him has not been arrested and charged in that case, so it is not clear what happened to him.

Kinnear should have been under state protection at the time of his killing but was not and this has become a point of controversy within the South African Police Service (SAPS) because certain officers failed to ensure his safety.

Security has now cropped up in the ongoing saga again because of what is happening with Nicolette.

It is not the first time she has been told the security provided to her family was being withdrawn.

Nicolette Kinnear, the widow of murdered anti-gang unit detective Lieutenant Colonel Charl Kinnear during an interview with Daily Maverick on 2 June 2022. (Photo: Shelley Christians)

Repeat scenario

Daily Maverick previously reported that in June 2021 police security was being withdrawn from her home.

Read more in Daily Maverick: Police security withdrawn from home of slain detective Charl Kinnear’s widow

The security detail was later extended.

At the time when it was set to be withdrawn, though, Nicolette had said that if it was removed, she would deal with the matter via the highest levels of SAPS.

On Friday she indicated to Daily Maverick that she was again prepared to go the same route if necessary.

When asked about the security withdrawal, Western Cape police spokesperson Colonel Andrè Traut told Daily Maverick that officers would not publicly discuss the matter.

It was, therefore not immediately clear if the issue was a simple administrative one or whether there were other issues tied to it, for example, no risk established against Nicolette.

‘Classified nature’

“SAPS protection provided to individuals is of a classified nature and not something that is discussed in the public domain, but rather directly with the party concerned,” Traut said.

“It is on this basis that this office is not in a position to elaborate further on the matter cited in your enquiry.”

Nicolette has taken on the SAPS over inaction on their part to hold to account officers who failed to ensure her husband’s safety.

She previously lodged a culpable homicide complaint against SAPS officers who played a role in withdrawing his security ahead of his murder.

In October last year, Daily Maverick reported that AfriForum’s private prosecution unit was acting on behalf of Nicolette on a pro bono (free) basis.

Read more in Daily Maverick: AfriForum’s Gerrie Nel takes Charl Kinnear case, points to SAPS ‘cover-ups’ and failures

The Kinnear controversy is extensive.

At least four reports — one from the Independent Police Investigative Directorate (Ipid) and three from within SAPS — were previously prepared in relation to what happened to him.

Yet, to date, it appears that no officers have been held to account.

‘Top Secret’ fiasco and ‘rogue cops’

The Ipid report, of which a final version was completed in May 2022, became the centre of controversy.

It was widely leaked to the media.

But it later emerged in Parliament that the report was classified as Top Secret, so was not meant to be in the public domain.

Read more in Daily Maverick: ‘We were lied to’ – The fiasco of ‘Top Secret’ Ipid report into the assassination of senior cop Charl Kinnear

Parliament subsequently heard the correct procedures for classifying the report were not followed, so it had never actually been restricted.

There were some concerns Ipid’s report was being covered up.

It had made scathing findings.

The report had found that several cops should be held to account for effectively failing to ensure Kinnear was safe, despite threats to his life.

Among its conclusions was that two Hawks officers should be criminally charged for not doing enough when it emerged Kinnear’s cellphone was being tracked ahead of his murder.

Ipid also found a “rogue” style police unit had existed in the Western Cape, which was roughly what Kinnear had complained about to cop bosses roughly a year before he was killed.

‘Retribution’

Anti-Gang Unit (AGU) head Andre Lincoln, who had been Kinnear’s boss, was also pointed to as failing at his duties.

A portion of the Ipid report, as detailed in a previous Daily Maverick article, said: “Not only did Major-General Lincoln as commander [fail] but SAPS as an organisation cumulatively failed to protect or provide security measures to the late Lieutenant-Colonel Kinnear, and also failed to provide same to his immediate family for the period 3 September 2020 to 18 September 2020.”

For his part, Lincoln, in a previous Labour Court matter relating to action taken against him over Kinnear’s security, said in an affidavit that “the charges are plainly ridiculous and are nothing more than retribution”.

‘Potential hits’

In a subsequent and rather ironic twist, Lincoln said in December 2022 that a protection detail assigned to his family was being withdrawn.

Read more in Daily Maverick: Andre Lincoln’s safety fears: ‘Cops have removed my security despite info on hits,’ says retired Anti-Gang Unit boss

At the time he had said: “I am concerned about the security of my family and myself. I still have to testify in court cases and there is constant information about possible hits.”

Lincoln, like Nicolette, may now be called as a state witness in the Kinnear murder trial which is soon set to commence. DM

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