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    Police watchdog report finds metro police members did not participate in the assault of Collins Khosa

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    Police watchdog report finds metro police members did not participate in the assault of Collins Khosa

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    4K views21 pages

    Ipid Report June 2020

    Uploaded by

    Mail and Guardian
    Police watchdog report finds metro police members did not participate in the assault of Collins Khosa

    Copyright:

    © All Rights Reserved
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    IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISIO, PRETORIA) In the matter between: KHOSA, MPHEPHU MONTSHA, NOMSA. MUVHANGO, THABISO and MINISTER OF DEFENCE AND MILITARY VETERANS SECRETARY FOR DEFENCE CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE MINISTER OF POLICE NATIONAL COMMISSIONER OF THE ‘SOUTH AFRICAN POLICE SERVICE ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT CHIEF OF THE EKURHULEN! METROPOLITAN POLICE DEPARTMENT OFFICE OF THE MILITARY OMBUD INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE CASE NO: 21521/20 First Applicant Second Applicant Third Applicant First Respondent ‘Second Respondent Third Respondent Fourth Respondent Fifth Respondent Sixth Respondent Seventh Respondent Eighth Respondent Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent FILING SHEET DOCUMENTS: NINTH RESPONDENT'S REPORT DATED and SIGNED at PRETORIA on the 22° day of MAY 2020. To: aS ‘STATE ATTORNEY PRETORIA 1.5" & 8" & 9” Respondents’ Attomeys Ground Floor, Salu Buiding 316 Thabo Sehume Street Pretoria Private Bag X 91 Pretoria,0001 Ref. L TSHIVHASE/Z73 Tel: (012) 309-1697 Fax: (086) 447 5976 Cell: 076 996 1681 EMAIL: lufuno.funie18@amail.com and LTshivhase@justice.gov.za Eng: MS L TSHIVHASE ‘THE REGISTRAR OF THE ABOVE HONOURABLE COURT IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO: 21521/20 In the matter between: KHOSA, MPHEPHU First Applicant MONTSHA, NOMSA Second Applicant MUVHANGO, THABISO Third Applicant and MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent SECRETARY FOR DEFENCE Second Respondent CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent MINISTER OF POLICE Fourth Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT ‘Sixth Respondent CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT Seventh Respondent OFFICE OF THE MILITARY OMBUD Eighth Respondent INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: Tenth Respondent NINTH RESPONDENT'S REPORT a ee |, the undersigned PATRICK MOKOTONG SETSHED! Do hereby make oath and state that: 1, Laman adult male employed as the Acting Executive Director of the Independent Police Investigative Directorate (“IPID") with address at City Forum Building, 114 Madiba Street, Pretoria, Gauteng Province. 2. Lam the accounting officer of the IPID which is cited as the ninth respondent in this application. | deposed to the explanatory affidavit and supplementary affidavit of the IPID filed in this application. In view of my position, | am still authorised to depose to this affidavit which incorporate result of the investigation that the IPID report, dated 8 May 2020, undertook to file after two weeks. 3. As undertaken in the affidavit filed on 8 May 2020, | appointed a Task Team to investigate the actions or omissions and or both of members of the Metropolitan Police Department ("MPD") and or the South African Police Services ("SAPS") in line with the statutory and regulatory framework governing the IPID's investigations. | attach a copy of the report, | received from Mr Thuso seen Keefelakae, the Director Investigations and Information Management of the IPID, and mark same “TE2’. 4. The contents of the report | received from Mr Keefelakae are self-explanatory. They outline the investigation conducted by the Task Team including the persons (witnesses and members of SAPS as well as JMPD) interviewed and thereafter ‘summarise their statements. The report concludes with the recommendations made to both the JMPD and the SAPS, and this concludes the investigation of the IPID. PATRICK MOKOTONG SETSHED! | HEREBY CERTIFY that the deponent has acknowledged that he knows and stands the contents of this affidavit, which was signed and sworn before me at ms on this te lig cy of May 2020, the regulations contained in Govémment Notice No R1258 of 21 “July 1972, as amended, and Government Notice No R1648 of 19 August 1977, as amended, having been complied with. ‘Ni ne ite isting SaeesPice oan ca Peron TORIA, GAUTENG, 0901 COMMISSIONER OF OATHS fe Me oes ~“<§ independent police vest igative directorate Bacarra w for sou AERA Pio PETORA CF Bt, 1a Sr ETON Gig aL, Fa) 3KOON Et stags i momo INTERNAL MEMORANDUM To : TARP SETSHEDI ACTING EXECUTIVE DIRECTOR FROM : WR T KEEFELAKAE ACTING CHIEF DIRECTOR INVESTIGATIONS AND INFORMATION MANAGEMENT DATE + 2OMAY 2020 ‘SUBJECT: REPORT ON THE INVESTIGATION BY IPID IN RESPECT TO ALEXANDRA CAS 353/08/2020: PRIORITY — : —-HIGH-- DUE DATE: 24 MaY 2020 4. DOCUMENT Focus Report on the investigation by IPID in respect of Alexandra CAS 353/04/2020 on the allegations of the murder of Collins Jonas Khosa on 10 April 2020. 2. PURPOSE The purpose of the reports to provide the Acting Execute Director with the further developments fon the investigation by IPID in respect of the Alexandra CAS 353/04/2020 (murder) that ‘occurred on 10 April 2020. ME ony independent police invescgative Srectorate = NS om BACKGROUND IPID received a media enquiry on the 11® April 2020 through its Acting spokesperson, Mr ‘Sontaga Seisa about the death case that occurred in Alexandra policing area on the 10% April 2020. IPID Assistant Director: Investigations Mr De Jager based in Gauteng Provincial Office, who was @ Team Leader of IPID Investigators on standby informed Nr Seisa that IPID Gauteng was not aware of the incident, however, made a commitment to follow up on the information. In light ofthis information, two IPID Investigators were dispatched on the 11 April 2020 to conduct ‘an enquiry about the alleged death. The investigators who went out to conduct an inquiry on the matter were Mr. Fete Johannes Mathoko and Ms. Queen Hida Makhubela (‘IPID Investigators"), 4, DISCUSSION Preliminary Investigation by IPID on 11" April 2020 The investigators went to the Alexandra Police Station and had a discussion with the Station Commander Brigadier Magudulela and Captain Kodisang who were the duly officers. The Station Commander informed the IPID Investigators that the police did not folow the IPID ‘eporting protocol as the perpetrators were the members of the SANDF. 'PID Investigators perused the case docket and the information in the docket corroborated what was stated by the Station Commander and Captain Kodisang. In essence there was no evidence that linked the involvement of the JMPD or the SAPS in the case docket, |PID Investigators proceeded to the deceased's family to further verify the information as Provided by the police. On arrival at the deceased's residence, IPID Investigators interviewed five witnesses including the deceased's partner. ‘The names of the witnesses that were interviewed are as follows: * Ms Nomsa Stella Montsha (partner ) '* Ms Glenda Phaladi ‘+ Mmatsela Tebogo Mothabela © Mr Terris Mzamane Mkuvimika '* Mr Thabiso Norman Muvhango 2)Page Me a gu independent police investigative directorate Depo SS mueramim Majority of the witnesses corroborated one another confirming that the when some of the witnesses and the deceased were assaulted by the members of the SANDF, JMPD officers: witnessed the alleged assaults and did not prevent it Legal advice by IPID 1nd Advis« 9s Following the court proceedings on this matter, the IPID Legal Advisory Services advised that Investigation should be conducted to ascertain the allegation of the JMPD involvement of the case. The applicants cited the IPID Regulation 4 (2) {b) on the investigation of deaths as a result of police action or omission which stipulates that the Executive Director or relevant Provincial Head, as the case maybe, must designate an investigator to investigate the death of a person Who has died as a result of any action or omission or both on the part of a member of the South Aftican Police Service or Municipal Police Service. In light of the above stipulated regulation, IPID acknowledged that it should have investigated the JMPD for their failure to intervene when the deceased was assaulted by the members of the SANDF. IPID undertook to open a case file as per IPID CCN 2020050186 to further the investigation against the JMPD for failure to intervene when the deceased was assaulted. On 5* May 2020 IPID established a Task Team (‘the Task Team’) comprised of five (5) experienced Investigators to further investigate a case on the involvement (i.e. omissions) of the JMPD. The Task Team comprised of the following Investigators: Peewee ‘Mr. Juda Baloyi: Acting Director NSIT Mr. Mogatusi Moswane: Principal Investigator Mr. Lucas Ngobeni: Principal Investigator Mr. Fete Mathoko: Senior Investigator ‘Ms. Queen Makhubela: Investigator MPD IPID Task Team to. int (On the 7% May 2020 the team commenced with their follow up investigations. All the witnesses mentioned in the previous report were re-interviewed and their statements were re-taken to 3/Page MF ons independant police investigative directorate Seprmee Inepandert Plce inentgaiee Directorate [REPUBLIC OF SOUTH AFRICA clarify certain aspects, in the previous statements. Four additional witnesses were also traced, Interviewed and their statements obtained. The four additional witnesses are: Ms Khathutshelo Komunala Mrs Avony Muvhango Mr Hami Ishmael Masinini ‘Mr Noe! Bongela Rene Five (5) JMPD members were also traced, interviewed and their statements obtained. The names of the JMPD are: |

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