POLICE AT PORTS OF ENTRIES ARE NOT A LAW UNTO THEMSELVES - WARNS MINISTER MTHETHWA

Clean-up campaign of ‘tsotsi-cop' to ensure those tasked to guard borders guard by good example

PRETORIA - 15 December 2010.  Members of the South African Police Service (SAPS) who are stationed at the country's various ports of entries, will not be immune to prosecution or be treated with ‘kid gloves' when it comes to upholding the law.  In fact no police officer, irrespective of where they are stationed, is a law unto him or herself.  This is an affirmation made by the Minister of Police, Nathi Mthethwa as part of the police leadership's determination to eradicate any form of corruption, fraud or ill-discipline within the Force.

Police officers stationed at ports of entries include those at harbours, borderline and various entry points adjoining our neighbouring countries, namely Zimbabwe, Lesotho, Swaziland, Botswana, Namibia and Zambia.  In a Parliamentary reply submitted today, Minister Mthethwa pointed out that 44 SAPS officials had been investigated at ports of entries in the 2009/2010 financial year for various criminal charges and were additionally charged via the SAPS internal disciplinary procedures. 

The internal SAPS disciplinary processes are not linked to the criminal processes which are the domain of the courts.  However, in seriously tackling the issue of corruption by police officers, the Minister has requested that follow-ups be made with the relevant investigation departments for progress and monitoring until finalization thereof.  He has also tasked the Civilian Secretariat of Police to monitor the cases and provide him with a full report in due course. "By virtue of being stationed at these ports of entries, it does not make these members unique as such we shall continuously keep our oversight on them.  They are part of the Force and must at all material times conduct themselves in a disciplined and exemplary manner."

He highlighted that some of these officials were dismissed from the service after having been convicted of amongst others corruption, assault, fraud, drug possession, theft and/or murder.  "The majority of those cases have been finalized with convictions and in some cases no disciplinary steps could be taken as such members resigned before the case could be finalized.  In three cases the members left the force before finalization and two cases are yet to be finalized.   In twenty four cases the members were found guilty during disciplinary hearing and internal sanctions imposed."

In five cases the internal charges were withdrawn and in four of them, internal proceedings have been temporarily withdrawn but could be reinstituted based on the finalization of the criminal cases.  The main reason for temporary withdrawal is because witnesses are not traceable after hearings are scheduled, as most of them are foreign nationals.  Such alleged occurrences take place at borderlines where either police are in collaborating with these illegal foreign nationals who enter the country or transporting stolen vehicles.

Commenting on whether officials and officers of the SAPS who have been convicted of crimes through the internal disciplinary procedures or courts of law may or may not continue to serve in the SAPS, the Minister said such a condition would be imposed based on various investigative outcomes.  "It needs to be noted that a disciplinary process is different and separate from a criminal process. A disciplinary process is in an internal departmental process which leads to work-related sanction and not a criminal record," he stated.

In line with the tough stance of fighting corruption, the ministry is currently reviewing measures and policies around disciplinary cases.  "Plans are afoot to move away from the normal practice of ‘suspension with full pay' and move towards instigating tougher conditions against those who are being investigated.  Clearly we cannot have situations where people continue to receive full pays while on suspension.  We must hit them where it hurts most, in the pocket and believe this will send a strong message that crime does not pay," concluded the Minister.

Statement issued by Zweli Mnisi, Spokesperson to the Minister of Police, December 15 2010

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