Police brutality cases face challenges in SAPS discipline

Recent events involving VIP Protection Unit officers assaulting members of the public have highlighted concerns about accountability within the South African Police Service (SAPS). A new analysis by the Institute for Security Studies (ISS) suggests that police officers face a low risk of internal disciplinary action for misconduct.

Acquittal of VIP Protection Unit Officers

In July 2023, eight VIP Protection Unit officers were filmed assaulting a driver and two passengers after pulling them from a vehicle. Despite the video evidence, a SAPS disciplinary process acquitted the officers. While criminal charges against the eight officials are ongoing, the SAPS’s failure to sanction them internally raises concerns about the enforcement of conduct standards. The criminal case resumes on June 10.

Erosion of Public Trust and Standards

The lack of internal sanctions for police misconduct is seen as detrimental to public trust and respect for the police. It encourages the use of excessive and unnecessary force, potentially portraying the police as operating outside the law. This undermines efforts to build trust and professionalism within the SAPS, particularly among officers who strive to uphold ethical standards.

Disciplinary Sanctions: A Rare Occurrence

Analysis of SAPS annual reports and data from the Safety and Security Sectoral Bargaining Council (SSSBC) reveals that in 77.4% of disciplinary cases (6,154 out of 7,946), SAPS members faced no sanction. This suggests that ill-discipline is rarely addressed internally. Corruption and rape are reportedly more likely to result in internal convictions than cases of excessive force.

Tolerance of Excessive Force

Excessive force, ranging from routine assaults to torture, is reportedly more widely tolerated within the SAPS than officially acknowledged. The Independent Police Investigative Directorate (IPID) received 3,176 reports of serious assault and 273 reports of torture in the 2023/24 year. The SAPS reported only 55 disciplinary convictions for serious assault and 10 for unlawful force or ill-treatment.

Challenges in Reporting and Legal Action

Many victims are hesitant to report assaults or torture due to a belief that there will be few consequences. Victims and their families often face difficulties pursuing legal action, particularly when victims are under arrest. Civil claims, primarily for wrongful arrest, are more common but rarely deter police misconduct as successful claims are funded by the SAPS budget.

Weaknesses in the Disciplinary System

The trial of the eight VIP Protection Unit members is scheduled to resume. However, proving cases beyond a reasonable doubt in criminal courts is challenging, especially with capable legal representation for the accused. At the recent SAPS Policing Summit, concerns were raised about the weakness of the disciplinary system, with police trade unions noting that presiding officers or prosecutors may lack legal expertise or be influenced by favoritism.

Recommendations for Improvement

South Africa’s police leaders are urged to commit to upholding high standards of conduct and professionalism. This requires a more effective SAPS disciplinary system and the consistent implementation of policies that support reasonable force while preventing excessive force.