As the body count of suspected criminals killed by KZN police continued to rise, this week a new law was enacted which affirms the right of the Independent Police Investigative Directorate (IPID) to “investigate serious alleged offences committed by police officers, whether they were off duty or not”.
The official tally has not been released but in July alone about 20 people were killed in gun battles with police who also recovered firearms from the scenes.
IPID’s spokesman Phaladi Shuping told the Sunday Tribune that “we do not have statistics but we have been involved, in terms of investigations, on several cases where the police allegedly shot at suspected criminals.”
Amid a public outcry over the actions of trigger-happy cops, KZN police deferred the questions to IPID saying. “Police do not investigate themselves.”
They also denied that officers operated with the intention of “shoot to kill” when pursuing suspects.
“Police pursue suspects for the purpose of arresting them. If suspects shoot at the police, the men of law will shoot back in self-defence and the defence of innocent residents in the vicinity,” they said in response to questions.
In a case of alleged mistaken identity, Durban businessman Thabiso Ngcobo survived a hail of bullets when 10 police officers opened fire on the armoured vehicle he was driving on the M13 in May. The officers were all granted bail in the Pinetown Magistrate’s Court.
One of them is 44-year-old Pedro Manuel Rodriguez who has been in the service for 27 years and is attached to the Dog Unit.
Rodriguez, who is from Assagay, is said to be notorious in crime circles for allegedly killing suspected criminals. His bail was set at R5 000 last Monday while the nine members of the Provincial Task Team were also granted R5 000 bail on July 11. All 10 are due back in court on August 20.
During the attack Ngcobo was allegedly forced off the road and boxed in by three unmarked vehicles with blue lights. He reported the incident to Provincial Police Commissioner Lieutenant General Nhlanhla Mkhwanazi over the phone.
At least 21 spent cartridges were found at the scene.
After the officers appeared in court for Ngcobo’s attempted murder, SAPS said it would continue to support IPID in rooting out unruly elements within its ranks.
On Friday, Mkhwanazi said the heavy-handedness of the police was not encouraged. “We respect human rights and we treat everyone with respect, that is why there are so many criminals in prison. Those are the criminals that realise they have done wrong. The police come and arrest, they surrender and the police take them and they go through the court process and end up in prison. Some feel they don’t want to be arrested and they want to pick up a gun and there’s a shootout.”
Mkhwanazi pleaded with the media and those in academia not to jump to conclusions on matters they know nothing about.
“They must pause and ask why a certain action happened, as the police will be transparent which is why we share the number of suspects killed by police. We don’t take pride in such incidents but we will not back down, we are at war where there are casualties.”
The chairperson of Parliament’s Portfolio Committee on Police Ian Cameron also raised the issue of police killings in KZN saying that they operated in a dangerous environment.
“In this context, police should be enabled to use reasonable force necessary in self-defence.” Cameron said some of the concerns raised about the killing of suspects could be avoided through better communication.
“Inadequate information feeds into the frenzy that SAPS is disproportionately using force. The SAPS and IPID must strive to provide substantial information, especially after investigations, to allay any public perception and to ensure accountability.”
He urged the police to curb the prevalence of illegal firearms in communities to reduce violent crimes.
Director of Gun Free South Africa Adele Kirsten said recovering guns from crime scenes and taking them off the streets was vital.
“These guns must now be tracked and traced to the source. Understanding where these guns come from and which legal source is feeding the criminal market is crucial to developing effective interventions. These incidents in the province are a stark reminder of the toll that gun violence is taking on our country. We urge the new minister to prioritise getting guns off the streets and helping make our communities safer.”