Suspended prison sentences for SAPS members

23 October 2020

The two SAPS members found guilty on various charges including crimen injuria, defeating the ends of justice, perjury and assault, have been sentenced in the Klerksdorp Regional Court in Stilfontein today.

The two were found guilty back in June after having accused their commander, Lieutenant-Colonel Annemarie Oosthuizen, of using the k-word. Oosthuizen had instituted a disciplinary process against the two warrant-officers because they had not reported for work without having permission to do so.

Warrant officers Tikoe and Mphana were each sentenced to 24 months’ imprisonment for perjury which was conditionally suspended in its entirety. Imprisonment of 24 months, also conditionally suspended in its entirety, was imposed for defeating the ends of justice. On the charge of crimen injuria a fine of R60 000, or three years’ imprisonment, was handed down, of which R30 000 and 18 have been conditionally suspended for five years.

Warrant officer Tikoe, who was also convicted on a charge of assault, was sentenced to 12 months’ imprisonment which was conditionally suspended in its entirety.

The State also requested that both accused be declared unfit to possess any firearm as stipulated in sec. 103 of the Firearms Control Act.

“The message is loud and clear: There is no place in the SAPS for racism or people playing the race card to exonerate themselves and to falsely accuse other people in the process. Anyone who is guilty of this will be punished and will have to carry the consequences of his or her wrongdoing.

We are satisfied that justice has been done and that fairness has prevailed for Annemarie and for the community in our country,” Renate Barnard, sector coordinator for the public sector at Solidarity, said.

Solidarity will now exert further pressure on the SAPS as the employer to institute the necessary disciplinary action against the accused, as the SAPS as employer has not instituted any disciplinary action against the two police members since 2017 (not even after their conviction in the criminal cases).

The South African public is entitled to the service of dedicated, honourable police members who have integrity and who do not discriminate against any racial group in our country. The fact that the SAPS has tolerated this unacceptable behaviour by some of its employees until now is really a major cause for concern and must be seriously questioned.

Issued by Renate Barnard, Sector Coordinator: Public Sector, Solidarity, 23 October 2020