PROVINCIAL COMMISSIONER WESTERN CAPE PROVINSIAkE …

L7

COMMISSION OF INQUIRY INTO ALLEGATIONS OF POLICE INEFFICIENCY I N KHAYELITSHA AND A BREAKDOWN IN RELATIONS BETWEEN THE COMMUNITY AND THE POLICE I N KHAYELITSHA

Contact: VPUU Centre, 42 Ncumo Street, Harare, Khayelitsha. Interim email address: adissel@cybersmart.co.za Interim phone: 0824171407

6 September 2012 Secretary to the Commission of Inquiry Amanda Dissel

SOUTH AFRICAN POLICE SERVICE

PROVINCIAL COMMISSIONER WESTERN CAPE

0 6 SEP 2012

PROVINSIAkE KQMMISSARIS

.WE&KAAP . 5UI)MffiM^AiV6eP0USIE0IENS

To: Lieutenant General AH Lamoer Provincial Commissioner South African Police Services 25 Alfred Street Green Point Cape Town 8001

And To: General MV Phiyega National Commissioner of Police Private BagX94 PRETORIA 0001 9 t h Floor Plein Street Cape Town

Received on this the

day of September 2012

>1

COMMISSION OF INQUIRY INTO ALLEGATIONS OF POLICE INEFFICIENCY I N KHAYELITSHA AND A BREAKDOWN IN RELATIONS BETWEEN THE COMMUNITY AND THE POLICE IN KHAYELITSHA

Contact: VPUU Centre, 42 Ncumo Street, Harare, Khayelitsha.lnterim email address: adisse!@cybersmart.co.za Interim phone: 082 417 1407

6 September 2012

Lieutenant General AH Lamoer Provincial Commissioner South African Police Services 25 Alfred Street Green Point Cape Town 8001

BY HAND

Dear General Lamoer,

COMMISSION OF INQUIRY

On 24 August 2012, the Premier of the Western Cape established a Commission of Inquiry into allegations of inefficiency in the South African Police Services (SAPS) in Khayelitsha and a breakdown in the relations between the community and SAPS in Khayelitsha. The terms of reference of the Commission are attached. The Commission must report within six months. Also attached is a notice setting out the provisional working method to be followed by the Commission. The Commission proposes to work in two phases: during the first, the allegations that there has been inefficiency in the SAPS in Khayelitsha and/or a breakdown i n the relationship between the SAPS and the community in Khayelitsha will be investigated and during this phase the Commission will accept factual evidence. During the second, the Commission will accept expert evidence. Factual evidence obtained during the first phase will be transcribed and made available to such expert witnesses, i f requested. The experts will be asked to give their views on the questions considered i n the first phase and their proposals as to how any inefficiency or breakdown may be remedied.

Commission Members: Justice CME O'Regan (Chairperson) & Adv V Pikoli. Secretary: Ms A Dissel. Evidence Leaders: A N Bawa&AdvTS Sidaki.

All evidence and written submissions relevant to the first phase must be lodged with the Commission by 5 October 2012. Attached is a list of information the Commission requests you to provide. Please note that the Commission is working to a tight time frame and accordingly requests timeous compliance with the dates stipulated in this letter. Should you have any queries in this regard, please contact me.

Yours faithfully

Amanda Dissel Secretary to the Commission (Please note that the full contact details of the Commission will be forwarded to you in due course).

Western Cape Government ? Wes-Kaapse Regering

PROVINCE OF WESTERN CAPE

PROVINSIE WES-KAAP

7026 Friday, 24 August 2012

7026 Viydag, 24 Augustus 2012

Registered at the Post Office as a Newspaper

As 'n Nuusblad by die Poskantoor Geregistreer

CONTENTS

INHOUD

(*Reprints are obtainable at Room M21, Provincial Legislature Building, 7 Wale Street, Cape Town SOOJ.J

No.

Page

(*Herdrukke is verlaygbaar by Kamer M21, Provinsiale IVetgewing-gebou, Waalstraat 7, Kaapslad 8001.)

No.

Bladsy

Proclamations

Proklamasies

9 Commission of inquiry into allegations of police ineffi-

ciency in Khayelitsha and of a breakdown in relations

between the community and police in Khayelitsha

1730

10 Overberg District Municipality: Closure of a portion of

minor road

1736

9 Kommissie van ondersoek na bewerings van polisie-

onbevoegdlieid in Khayelitsha en van 'n verbrokkeling in

betrekkinge tusseii die gemeenskap en polisie in Khayelitsha. 1732

10 Overberg Distriksmunisipaliteit: Sluiting van 'n gedeelte

van ondergeskikte pad

1736

Provincial Notices

Provinsiale Kennisgewings

235 Knysna Municipality: Removal of Restrictions Act

1737

236 Knysna Municipality: Removal of Restrictions Act

1737

237 City of Cape Town Municipality: Removal of Restrictions

Act

1737

'.38 Overstrand Municipality (Hermanus Administration): Re-

moval of Restrictions Act

1737

239 Western Cape Nature Conservation Board: Notice

1738

240 Western Cape Nature Conservation Board: Notice

1741

241 Western Cape Nature Conservation Board: Notice

1744

242 City of Cape Town Municipality (Table Bay District):

Removal of Restrictions Act

1746

243 City of Cape Town Municipality: Removal of Restrictions

Act

1746

235 Knysna Munisipaliteit: Wet op Opheffing van Beperkings. 1737

236 Kiiysna Munisipaliteit: Wet op Opheffing van Beperkings. 1737

237 Stad Kaapstad Munisipaliteit: Wet op Opheffing van

Beperkings

1737

238 Overstrand Munisipaliteit (Hermanus Administrasie): Wet

op Opheffing van Beperkings

1737

239 Wes-Kaapse Natuurbewaringsraad: Kennisgewing

1738

240 Wes-Kaapse Natuurbewaringsraad: Kennisgewing

1741

241 Wes-Kaapse Natuurbewaringsraad: Kennisgewing

1744

242 Stad Kaapstad Munisipaliteit (Tafelbaai-distrik): Wet op

Opheffing van Beperkings

1746

243 Stad Kaapstad Munisipaliteit: Wet op Opheffing van

Beperkings

1746

Tenders:

Tenders:

Notices

1746 Kennisgewings:

1746

Local Authorities

Plaaslike Ovrerhede

Beaufort West Municipality: Notice No 72: Closure

Beaufort West Municipality: Notice No 73: Closure Beaufort West Municipality: Notice No 74: Consent

use

1748 1748

1748

Beaufort-Wes Munisipaliteit: Kennisgewingnr. 72: Sluiting Beaufort-Wes Munisipaliteit: Kennisgewingnr. 73: Sluiting Beaufort-Wes Munisipaliteit: Kennisgewingnr. 74: Vergunnings-

gebruik

1748 1748

1748

(Continued on page 1776)

(Vervolg op bladsy 1776)

1730

Provinsie Wes-Kaap: Provinsiale Koerant 7026

24 Augustus 2012

PROCLAMATION

NO. 9/2012

24 August 2012

PROVINCE OF THE WESTERN CAPE

COMMISSION OF INQUIRY INTO ALLEGATIONS OF POLICE INEFFICIENCY IN KHAYELITSHA AND OF A BREAKDOWN IN RELATIONS BETWEEN THE COMMUNITY AND THE POLICE IN KHAYELITSHA

Under section J of the Western Cape Provincial Commissions Act, 1998 (Act 10 of 1998), I hereby appoint a commission of inquiry as set out in Schedule A and make the regulations as set out in Schedule B.

HELEN ZILLE, PREMIER

SCHEDULEA

COMMISSION OF INQUIRY INTO ALLEGATIONS OF POLICE INEFFICIENCY I N KHAYELITSHA AND OF A BREAKDOWN IN RELATIONS BETWEEN THE COMMUNITY AND THE POLICE IN KHAYELITSHA

SINCE section 206(3) of the Constitution of the Republic of South Africa, 1996, ("the Constitution"), provides that each province is entitled to monitor police conduct, oversee the effectiveness and efficiency of the police, promote good relations between the community and the police and assess the

effectiveness of visible policing;

? ND SINCE section 206(5) o f the Constitution provides that a province may, in order to perfonn the functions in section 206(3), appoint a commission

/

nquiry into complaints of police inefficiency or a breakdown in relations between the police and any community;

,AND SINCE the Premier has received complaints alleging police inefficiency in Khayelitsha and a breakdown in relations between the community of Khayelitsha and the South African Police Service; and regarding acts of vigilantism that may be attributable, in whole or in part, to such alleged inefficiency or breakdown in relations between the community of Khayelitsha and the South African Police Service;

NOW THEREFORE a commission of inquiry ("the Commission") is hereby appointed as follows:

1. The Commission comprises the following persons:

fa) Justice Catherine O'Regan, as Chairperson; and

fb) Advocate Vusumzi Patrick PikoIL

2. Ms Amanda Dissel is appointed as the Secretary to the Commission, who will receive such additional support as she may reasonably require from the Western Cape Provincial Government's Department of Community Safety.

3. Advocate Nazreen Bawa and Advocate Thembalihle Sidaki are appointed to assist the Commission in the gathering of evidence and, should the Commission consider it necessary, the leading of any evidence before the Commission.

4. The terms of reference o f the Commission are:

(1) To investigate complaints received by the Premier relating to allegations of--

(a) inefficiency of the South African Police Service stationed at Site B, Bonga Drive, Khayelitsha; Steve Biko Road, Harare, Khayelitsha; and Makabeni Street, Lingelethu West, Khayelitsha and any other units of the South African Police Service operating in Khayelitsha, Cape Town, ("Khayelitsha"); and

fb) a breakdown in relations between the Khayelitsha community and members of the South Africa Police Service stationed at the aforesaid police stations in Khayelitsha, or operating in Khayelitsha.

(2) The investigation must include:

fa) an investigation into the allegations; and

fb) an investigation into the reasons for, and causes of, the inefficiency and breakdown in relations, if found to exist.

(3) The Commission must compile a written report containing--

(a) the findings of the Commission pertaining to the investigation; and

fb) recommendations as to how any inefficiency in the delivery of police services, or a breakdown in relations between the community of Khayelitsha and the South African Police Service, as may be found by the Commission to exist, may be alleviated or remedied.

(4) The recommendations contemplated in subitem (3), must include appropriate recommendations for the Province to consider when i( makes recommendations to the Minister of Police, as contemplated in section 206(5)(i) of the Constitution.

(5) The Chairperson o f the Commission must submit the report contemplated in subitem (4), to the Premier no later than six months after the date of the appointment of the Commission, which date may be extended by the Premier, at the written request of the Commission.

5. . The Western Cape Provincial Commissions Act, 1998 (Act 10 of 1998) applies to the Commission.

6. The Commission must perform the inquiry within its terms of reference and may exercise the powers and perfonn the functions of a commissioi as referred to in the Western Cape Provincial Commissions Act, 1998, and in accordance with the regulations in Schedule B.

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download