Concerns over lack of sanctions for ‘ill-disciplined’ police officers

ACCORDING to crime analysts, the lack of sanctions being imposed on “ill-disciplined” police officers has been an ongoing concern, which could impact public respect and trust in the South African Police Service (SAPS) if not urgently addressed.  

This comes after the recent acquittal of eight members of Deputy President Paul Mashatile’s VIP Protection Unit following a SAPS internal disciplinary process.

In a viral video on social media, the members were filmed allegedly assaulting civilians on N1 highway in Johannesburg in July 2023. They allegedly dragged a driver and two passengers out of a vehicle and repeatedly kicked them as they lay on the ground. The criminal trial is currently ongoing. 

On the back of this, an analysis compiled by David Bruce, a policing research consultant to the Institute for Security Studies, showed that 6 154 of 7 946 disciplinary cases against SAPS members investigated over the past five years ended without sanction.

Bruce said the analysis was based on SAPS annual reports between the financial years, April 2019/March 2020 to April 2023/March 2024. 

According to the SAPS annual reports, some of the misconduct addressed at disciplinary hearings were the violations of the violations of various regulations, such as a police officer performing any act or failing to perform any act or failed to perform any act with the intention to cause harm to or prejudice the interest of the SAPS, failed to carry out a lawful order or routine instruction, reported on duty while under the influence of liquor, or conducted himself or herself in an improper, disgraceful and unacceptable manner, among others. 

In addition, among the regulations included serious crimes such as  murder, assault GBH, rape, torture, corruption,  defeating the course of justice, or theft. 

Bruce said the decision not to sanction the eight members in a case with such “strong evidence” would encourage SAPS members to disregard standards regarding the use of force. 

“Excessive and unnecessary force will become even more entrenched than it currently is, with the police seen by the public as merely another group of thugs and criminals. Furthermore, the failure to uphold professional standards undermines efforts to build public respect and trust in the police. 

“The SAPS has a legal duty to prevent excessive and unnecessary force. Neglecting this obligation encourages disrespect for the law across the entire spectrum of policing in South Africa. It is also an affront to those police who strive to strengthen public trust in the police by promoting the professionalism of the SAPS,” he said. 

Bruce said of the 7946 disciplinary proceedings which were completed,  10% (806) had the charges withdrawn and 35% (2789) were found not guilty. 

“In addition,  29% (2276) of the members were sentenced to some form of progressive discipline after they had been convicted. Progressive discipline involves non-punitive measures such as written or verbal warnings, or corrective counselling. Furthermore, these 2276 represent 52% of the 4351 who were found guilty.  SAPS disciplinary regulations provide that warnings have no further effect after six months. Even so called ‘final written warnings’ must be ‘removed from the personal file of the employee and destroyed’ after six  months, rendering them null and void.

“The fact that the majority of those who are found guilty only receiving ‘progressive discipline’ should not be seen to mean that these individuals have not committed serious offences. The standards applied with respect to sentencing are erratic, with major variations between the provinces and different SAPS divisions,” he said

Bruce added that only two types of sanctions provided for in SAPS disciplinary regulations involve adverse consequences for police officers. 

“One is dismissal and the other is suspension without pay for between one and two months. Of the 2075 SAPS members sentenced to one of these sanctions during the five year period, 1002 were sentenced to suspension without pay and 1073 were sentenced to dismissal at the disciplinary hearing.

“However, during the same period, 283 of the 1073 dismissals were overturned on appeal in the Safety and Security Sectoral Bargaining Council (SSSBC) appeal process,” he said. 

Bruce added that during the SAPS Policing Summit in April, discussions consistently highlighted the weakness of the disciplinary system. 

“Police serving in disciplinary hearings as presiding officers or prosecutors (employer representatives) are frequently poorly acquainted with relevant aspects of the law. This was confirmed at the summit by police trade unions, which often represent accused SAPS members.

"The SAPS disciplinary system must establish clear standards regarding police conduct Many members allege that disciplinary measures are not consistently carried out and are strongly influenced by favouritism or other factors. Presiding officers may also be colleagues of those facing disciplinary charges.

“Police leaders should commit to upholding high standards of conduct and professionalism among their members. Doing so requires a more effective SAPS disciplinary system and a commitment to implementing policies that support the reasonable and necessary use of force, and prevent excessive force by police,” he said. 

Bruce added that the lack of sanctions imposed on ill-disciplined police member, could lead victims to believe there will be few consequences if they report assaults or torture by police.

“They may feel it just isn’t worth the trouble.”

Nirmala Gopal,  a professor in criminology at the University of KwaZulu-Natal, said police misconduct had always been a concern. 

“This is not something that is new, but it is quite concerning when looking at the number of police officers who are facing disciplinary action due to violating regulations. While it can be forgotten that police officers are humans, and like in any other employment sector you will find misconduct, it is no doubt their duty to observe the law.”

Gopal said there could be various reasons that attributed to police misconduct. 

“When you think of the SAPS, you think of a disciplined environment, but you may find that some cannot work in such an environment, or are prone to violent behaviour, and in some cases just disregard the law. However, this is a major concern as they need to set an example for fellow citizens.”

Gopal said the vetting process needed to be more stringent.

“In addition to the usual checks that are done, there should be an independent body that investigates the backgrounds of the potential recruit, this may entail speaking to people in the community that they are from. There should also be ongoing checks to see if they are not abusing their power. In addition, they should be reminded of the consequences of any form of misconduct.”

Gopal added that the analysis casts doubt on the disciplinary processes. 

“It is quite shocking especially when looking at the type of regulations which are being violated. This leads to the question as to who are the people involved in these hearings. Is it officers within the service? If yes, then there might be prejudices or biases that could taint the disciplinary process. I believe there should be independent persons involved in these processes.” 

Gopal added an increasing number of reports of police misconduct will diminish public trust in the SAPS as a whole. 

Mary de Haas, a veteran violence and police monitor, said” Police misconduct has been a problem for years. After 1994 , while we battled to try and do something about the apartheid police and there was still corruption, favouritism and the wrong people being appointed, there was also some accountability. 

“However, since 2009, it all just escalated as there was increased political interference. In addition, we are seeing rapid increases in police misconduct and nepotism. Family members and friends of those in senior positions are climbing ranks, while others have remained in the same ranks for 20 or more years,” she said. 

De Haas said not nearly enough was being done to address ill-disciplined police officers.

“While there is plenty more that can be done, nothing will change if there is no will on the side of management. It starts at the top. If nepotism and favouritism continues, we will continue to see a rising number in cases of police misconduct with no sanctions being imposed,” she said. 

Brigadier Athlenda Mathe, a national police spokesperson, said: “In the same five years more than 2000 were dismissed. We continue to take action against members who are found to be on the wrong side of the law.”

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