DOCUMENTS

Minister's parliamentary reply on VIP Unit misconduct

Answer to a question submitted by DA MP, Paul Swart, December 12 2008

36/1/4/1/200800212

NATIONAL ASSEMBLY

FOR WRITTEN REPLY

QUESTION NO 1925

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 NOVEMBER 2008

(INTERNAL QUESTION PAPER NO 33/2008)

Date reply submitted: 12 December 2008

 Adv P S Swart (DA) to ask the Minister of Safety and Security:

(a) How many incidents of (i) abuse of power, (ii) dereliction of duty, (iii) misconduct or (iv) criminal behaviour have been reported against the members of the VIP Unit(s) in each of the past five years, (b) what are the relevant details in each case, (c) what has been the outcome of any (i) disciplinary hearings, (ii) criminal prosecutions and (iii) any other action taken in respect of each case, (d) how many members of the VIP Unit(s) have been (i) dismissed or (ii) suspended for misconduct in each of the past five years and (e) what steps are being taken to improve discipline within the VIP Unit(s)?

NW2725E

REPLY:

VIP protection is rendered by two components of the South African Police Service, namely VIP Protection Services (935 members) and the Static and Mobile Security Services (2 371 members).

2008/2009

(a)(i) Abuse of power         - 1
(a)(ii) Dereliction of duty    - 0
(a)(iii) Misconduct              - 15
(a)(iv) Criminal behaviour   - 14

 

 

 

(b) relevant details

 

(c)(i) outcome of disciplinary hearings

 

(c)(ii) outcome of criminal prosecutions

 

(c)(iii) any other action

 

1

 

Attempted murder and assault

 

guilty

 

pending

 

none

 

2

 

Reckless and negligent driving

 

pending

 

pending

 

none

 

3

 

Murder

 

pending

 

pending

 

none

 

4

 

Reckless and negligent driving

 

pending

 

pending

 

none

 

5

 

Reckless and negligent driving

 

not guilty

 

pending

 

none

 

6

 

Pointing of firearm and damage to property

 

not applicable

 

not applicable

 

not applicable

 

7

 

Reckless and negligent driving under the influence of alcohol

 

pending

 

pending

 

none

 

8

 

Misuse of state vehicle

 

pending

 

pending

 

none

 

9

 

Reckless and negligent driving, leaving the scene of an accident and driving under the influence of alcohol

 

pending

 

pending

 

pending

 

10

 

Drunken driving and reckless and negligent driving

 

pending

 

pending

 

none

 

11

 

Assault common

 

pending

 

pending

 

arrested and detained

 

12

 

Assault with intent to do grevious bodily harm (GBH)

 

pending

 

pending

 

pending

 

13

 

Assault GBH

 

pending

 

pending

 

pending

 

14

 

Assault GBH

 

pending

 

pending

 

pending

 

15

 

Assault GBH

 

pending

 

pending

 

pending

2007/2008

(a)(i) Abuse of power         - 0
(a)(ii) Dereliction of duty     - 0
(a)(iii) Misconduct                - 5
(a)(iv) Criminal behaviour    - 5

 

 

 

(b) relevant details

 

(c)(i) outcome of disciplinary hearings

 

(c)(ii) outcome of criminal prosecutions

 

(c)(iii) any other action

 

1

 

Murder and attempted murder

 

none

 

none

 

member bought his discharge (resigned) from the SAPS

 

2

 

Pointing of firearm

 

written warning

 

Director of Public Prosecutions (DPP) declined to prosecute

 

none

 

3

 

Reckless and negligent driving under the influence

 

guilty

 

guilty

 

member appealed

 

4

 

Malicious damage to property and Assault GBH

 

written warning

 

case withdrawn

 

none

 

5

 

Armed robbery

 

case withdrawn

 

case withdrawn

 

none

2006/2007

(a)(i) Abuse of power         - 1
(a)(ii) Dereliction of duty     - 2
(a)(iii) Misconduct                - 25
(a)(iv) Criminal behaviour    - 21

 

 

 

(b) relevant details

 

(c)(i) outcome of disciplinary hearings

 

(c)(ii) outcome of criminal prosecutions

 

(c)(iii) any other action

 

1

 

Reckless and negligent driving

 

not applicable

 

none

 

the private party was charged

 

2

 

Assault and handling a firearm while under the influence of alcohol

 

suspended

 

guilty

 

none

 

3

 

Drunken driving

 

suspended

 

guilty

 

none

 

4

 

Reckless and negligent driving

 

written warning

 

guilty

 

none

 

5

 

Attempted murder

 

none

 

none

 

case withdrawn

 

6

 

Murder

 

none

 

none

 

member bought his discharge (resigned)

 

7

 

Statutory offence

 

guilty

 

pending

 

none

 

8

 

Rape

 

none

 

none

 

case withdrawn

 

9

 

Attempted murder

 

suspended

 

guilty

 

none

 

10

 

Absent from duty without permission

 

guilty

 

none

 

none

 

11

 

Indecent assault and perjury

 

guilty

 

guilty

 

none

 

12

 

Failed to report for duty

 

fined

 

none

 

none

 

13

 

Reckless and negligent driving

 

none

 

none

 

none

 

14

 

Reckless and negligent driving

 

written warning

 

guilty

 

none

 

15

 

Reckless and negligent driving

 

none

 

none

 

none

 

16

 

Reckless and negligent driving

 

none

 

none

 

none

 

17

 

Assault common

 

none

 

none

 

none

 

18

 

Drunken driving

 

suspended

 

guilty

 

none

 

19

 

Drunken driving

 

suspended

 

guilty

 

loss recovered from member

 

20

 

Drunken driving

 

suspended

 

guilty

 

none

 

21

 

Unauthorised use and damage to state property

 

none

 

none

 

case withdrawn

 

22

 

Reckless and negligent driving

 

none

 

none

 

none

 

23

 

Reckless and negligent driving

 

member paid admission of guilt

 

none

 

none

 

24

 

Attempted murder

 

pending

 

pending

 

pending

2005/2006

(a)(i) Abuse of power         - 5
(a)(ii) Dereliction of duty     - 0
(a)(iii) Misconduct                - 11
(a)(iv) Criminal behaviour    - 6

 

 

 

(b) relevant details

 

(c)(i) outcome of disciplinary hearings

 

(c)(ii) outcome of criminal prosecutions

 

(c)(iii) any other action

 

1

 

Displayed insolent attitude towards another employee

 

suspended for 12 months

 

none

 

none

 

2

 

Reckless and negligent driving

 

not guilty

 

Senior Public Prosecutor (SPP) declined to prosecute

 

none

 

3

 

Unlawful discrimination, used threatening and insulting language, sexual demand, falsely imputed improper demeanour, unlawfully and intentionally partook in liquor while on duty

 

found guilty and fined

 

none

 

none

 

4

 

Disobeyed a red traffic light without valid reason

 

found guilty -verbal warning

 

none

 

none

 

5

 

Failed to comply with a national order/ Unauthorised use of state property

 

found guilty -dismissal suspension for six months

 

none

 

 

 

6

 

Went off duty without being relieved

 

found guilty -verbal warning

 

none

 

none

 

7

 

Damage to state vehicle

 

found guilty -verbal warning

 

none

 

none

 

8

 

Reckless and negligent driving

 

not guilty

 

member tried to avoid the incident

 

case opened against private party

 

9

 

Reckless and negligent driving

 

not guilty

 

none

 

none

 

10

 

Accident with state vehicle

 

suspended for 12 months

 

none

 

none

 

11

 

Reckless and negligent driving

 

not guilty

 

member tried to avoid the accident

 

none

(d)(i)-(ii) For the last five years two members were dismissed and five members were suspended from the VIP unit.

(e) The Disciplinary Regulations of the SAPS prescribe both remedial and punitive measures which are used as reactive responses to incidents of misconduct.  In addition, members are subjected to proactive measures including in-service courses such as disciplinary management, customer service and labour relations.  Personnel are also debriefed in sessions with commanders where performance is reviewed and incidents and deviations discussed with the objective of preventing misconduct and improving operational functioning.

Reply to question 1925 approved by Minister