South Africa: Urgent measures needed to hold SAPS accountable for denying GBV victims and their families justice

Urgent measures need to be put in place to ensure that there is accountability for the failure of the South African Police Service (SAPS) to effectively and thoroughly investigate cases of sexual and gender-based violence (SGBV), Amnesty International South Africa said on Women’s Day.

“Despite an extensive and progressive legal landscape, rates of SGBV remain staggeringly high,” Amnesty International South Africa Executive Director Shenilla Mohamed said. 

“While gendered power inequality, and pervasive harmful patriarchal social norms, attitudes and beliefs are some of the contributing factors that drive and enable SGBV, one of the biggest problems is the broken criminal justice system. It is because of this failing system, and more importantly the shoddy investigative work, that there is no deterrent for perpetrators, because they are unlikely to find themselves in court and facing time in prison,” she said. 

We continue to see failures by the SAPS, as evident in the cases of Popi Qwabe and Bongeka Phungula, and the Krugersdorp rapes.

Popi Qwabe and Bongeka Phungula were raped and murdered in 2017, and up until today there has been no justice for them or their families. The SAPS handled the investigation of the double murder with complete apathy and it was riddled with mistakes. Two taxi drivers were arrested on suspicion of the murders following the discovery of a blood-stained taxi. The two taxi drivers were also found to be in possession of a cell phone and lipstick belonging to the women, yet there have been no arrests or a successful prosecution.

The case was reopened by the police in 2021 and eventually handed over to the National Prosecuting Authority (NPA). The NPA informed Amnesty International South Africa in June that there was not enough evidence to prosecute the case. However, the matter has now been referred to the magistrate at the Protea Court for an inquest to be held into their deaths. In its explanation on why there was not enough evidence, the prosecuting authority said the DNA samples and cellphone records were only received in March 2022 and that these could not be linked to the two taxi drivers. It is unacceptable that this evidence was only made available five years after the rape and murder of Popi and Bongeka, once again showing a lack of care and urgency by police to deal with these matters.

Meanwhile, in July last year, eight women were gang raped at an abandoned mine in Krugersdorp while filming a music video. After over 80 illegal miners were initially arrested and attempts were made to link them to the rapes, 14 men were finally accused of, and had charges laid against them for the crime. Following several postponements, the cases against the 14 were dropped in October due to insufficient evidence. Despite the national and global spotlight on this case, the police had arrested the wrong suspects, and had failed to properly investigate and collect sufficient evidence for the NPA to successfully prosecute the case. 

In addition to the failures of the police in the investigation, a former police officer was found to be in possession of some of the stolen items that belonged to one of the victims of rape; and the personal information of the victims was leaked following the incident. In April 2023, the Information Regulator found that SAPS was responsible and had interfered with the protection of personal information, had failed to notify the regulator and victims of the security compromise, and ordered SAPS to apologise for this. 

The failure of police to do their job is not new, and has also been highlighted by the UN Committee on the Elimination of Discrimination against Women  who in their November 2021 report on South Africa expressed their concern over “the failure by the South African Police Service to systematically investigate, prosecute and adequately punish the negligence and mishandling of cases by police officers”. Yet even with this embarrassing international spotlight shone on SAPS, there is no political will or action to change this for the better.

“It is quite clear that there needs to be a complete overhaul of the SAPS and its investigations systems, so that it is fit for purpose to deal with the extremely high levels of crime. We continue to speak about this, but yet there is no accountability from the police,” Shenilla Mohamed said. 

Research by the Medical Research Council found that the highest rate of attrition of reported rape cases in the criminal justice system occurs at SAPS level. Without SAPS conducting thorough investigations, the NPA cannot successfully prosecute and crimes continue with impunity.

“The investigation of cases is dismal and this has been allowed to continue without any consequences for those who fail to do their jobs properly. It is because of this that there are little consequences for perpetrators of heinous crimes such as murder, rape and sexual assault.  We must demand more from our police.”

The SAPS face numerous challenges, including corruption, inadequate training, and insufficient resources, resulting in poor investigations which further results in a lack of public trust. To tackle these systemic issues, it is crucial to enhance recruitment and training processes, ensure sufficient resources are allocated to SAPS, implement stricter internal controls, and foster a culture of integrity within the police force.

Improving the quality and efficiency of investigations is crucial for ensuring successful prosecutions. Providing sufficient resources, investing in training programs for investigators, enhancing forensic capacities, and strengthening specialised units which tackle specific crimes (such as GBV) can lead to more effective investigations. Collaboration between the police, prosecution services, and other relevant agencies is essential to streamline information sharing and ensure seamless coordination. Respecting human rights and promoting professionalism within the police force are paramount. Training programmes should emphasise human rights principles, cultural sensitivity, and unbiased policing.

It is time for national police commissioner General Fannie Masemola and Police Minister Bheki Cele to account to victims of crime in South Africa and everyone living in the country, for these failures. 

President Cyril Ramaphosa, as the overall leader of government, also needs to hold his ministers accountable, as is his duty and oath to all living in South Africa.

We can no longer allow this to continue without proper action and accountability.

Background

On 9 August 1956, approximately 20,000 women marched to the Union Buildings in Pretoria to protest against apartheid “pass laws” which restricted the movement of black people under the Population Registration Act. The Act required them to carry passports, known as a pass, to move within the country, and served to entrench and maintain racial segregation.