Public Protector advocate Nompilo Kholeka Gcaleka has criticised the SAPS for failing to properly investigate a complaint lodged by an alleged sexual assault victim in 2021 against popular DJs.
Gcaleka’s office released a report confirming SAPS officers did not act on the victim’s complaint, a failure that constitutes improper conduct.
According to the complaint lodged with the protector’s office, police failed to investigate the leaking of the complainant’s statement to the Sunday World newspaper, neglected victim support and showed inadequate capacity to respond appropriately to gender-based violence incidents.
The complaint was lodged by the directors of Women-Inspired Solutions for Empowerment (Wise) on behalf of the complainant on November 19 2021, alleging the complainant is dissatisfied with the manner in which SAPS managed the investigation of her sexual assault case involving two popular DJs.
The woman filed a case of sexual assault against the two DJs on January 13 2021 at Sunnyside police station after an incident that occurred in 2011.
The statement she made to the police was leaked by a police officer and published by the Sunday World on January 24 2021.
The investigation revealed that the Tshwane district detective co-ordinator improperly finalised and closed the complaint on February 18 2021 without investigating and providing the complainant with the outcome of her complaint
The complaint also alleged police outsourced the investigation of the Sunnyside crime administrative system to a third party and failed to collect all relevant evidence to enable the National Prosecuting Authority (NPA) to prosecute the matter.
After the NPA decided not to prosecute, the investigating police officer allegedly informed her of the decision through a WhatsApp message on February 15 2021, after the alleged perpetrators were already released.
Officials’ conduct ‘improper and irregular’In her investigation, the protector found the allegation that SAPS officers failed to investigate the complaint is substantiated.
The investigation revealed that the Tshwane district detective co-ordinator improperly finalised and closed the complaint on February 18 2021 without investigating and providing the complainant with the outcome of her complaint.
The evidence further revealed that the station commander of Cleveland police station and the national head of organised crime investigation failed to conduct due diligence during the certification of the closure of the complaint.
The protector found the conduct of the two officials was improper and irregular and amounts to maladministration in terms of the Public Protector Act.
However, the evidence also revealed the allegation that the officers failed to investigate the allegations of the leaking of the complainant’s statement about the sexual assault case to the Sunday World is unsubstantiated.
The investigation revealed that though the investigation was limited to the Tshwane district detective co-ordinator and all other SAPS officials who handled the case docket, it is evident that before the publication in the Sunday World there were many other role players who had access to the docket.
Remedial actionIn remedial action, the Gauteng police commissioner has been directed to ensure that, within 14 working days of receiving the report, the complainant’s complaint is promptly and effectively investigated and finalised.
Further, he has been mandated to issue a written apology to the complainant within 14 days for the failure of the SAPS officers to investigate and communicate the outcome of the investigation of the complaint.
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