I would like to thank the Commonwealth Secretariat for extending an invitation to our office to say a few words about ourselves.

A year in the office of the Western Cape Police Ombudsman feels like a life time in the service of our people. We exist to serve both the people and the police. We have a legal obligation to investigate complaints from members of the public that relate to police inefficiency or a breakdown in relations between the police and any community. We do this in an independent manner and in an impartial fashion.

It is through professional policing that the police can achieve maximum efficiency in their service offerings. A by-product of efficiency is a strong and a healthy relationship between the police and the communities they serve. Our goal is to build and enhance public confidence in police services thereby fostering a relationship of trust and mutual respect between the police and the communities.

People have a right to live in conditions of peace and safety where they stay, where they work and where they go for leisure. The police have a duty to protect and secure the public and their property and to uphold and enforce the law. This can only be achieved if there is a solid partnership between the police and the communities. This is what this office seeks to achieve. The business of crime is everybody’s business, let us all contribute in the fight against crime and create stronger and safer communities.

Advocate V. Pikoli

Western Cape Police Ombudsman, Advocate V. Pikoli

Biography of Advocate Vusumzi Patrick Pikoli                             

Date of birth: 29 March 1958

Place of birth: Port Elizabeth

Marital status: Married

Admitted to practise as an advocate of the High Court of South Africa in 1995.

Academic qualifications

BA (Law)     1984                         National University of Lesotho

LLB               1986                         National University of Lesotho

LLM              1988                         University of Zimbabwe

Work experience

1991 Munich Re-insurance Assistant Manager

1994 Special Adviser to the first Minister of Justice, post-apartheid

1997 Deputy-Director General Department of Justice

1999 Director-General Department of Justice and Constitutional Development

2005 National Director of Public Prosecution

2010 Director of Forensic Investigation at SizweNtsalubaGobodo (Forensic Auditing firm)

2013 Commissioner:  Khayelitsha Commission of Enquiry – Investigating complaints of police inefficiency and a breakdown of relations between the police and the community in Khayelitsha, Cape Town

2014 Western Cape Police Ombudsman

Other boards and organisations

Cricket South Africa (CSA): Independent Director

SacOil Holdings Ltd: Independent Director

Corruption Watch: Non-Executive Director

Council for the Advancement of the South African Constitution: Member of the Advisory Council

Overview

Vusi Pikoli has more than 30 years experience in the legal field which started in his exile years. He has served as a member of the Magistrate’s Commission as well as a Trustee of the Constitutional Court Trust. He is a founder member of the EU Foundation for Human Rights in South Africa. He is also an executive founder member of the International Association of Anti-Corruption Authorities which has an associate status with the United Nations.

Vusi is a recipient of an award from the International Association of Prosecutors and the Ukranian Association of Prosecutors in recognition of his role in protecting and promoting the independence of prosecutors. He is also a Paul Harris fellow as awarded by Rotary International (Johannesburg).

He is also the author of My Second Initiation: The Memoir of Vusi Pikoli

The Office of the Western Cape Police Ombudsman (WCPO) is situated in the Western Cape Province in the Republic of South Africa.  Nestled at the base of Table Mountain in the heart of the city centre, citizens have no problem accessing this centrally located office.

Its mandate is limited to Western Cape Province. However, it holds the status of being the first office of its kind in South Africa and is dedicated to delivering a service which promotes transparency, responsiveness and accountability within the South African Police Service (SAPS).

The WCPO’s vision seeks to build a society where there is mutual trust and respect between citizens and the police.

Its mission is to enhance the effectiveness and efficiency of the police and to improve relations between the police and the communities by investigating complaints of inefficiency and/or a breakdown of relations between the police service and the communities which they serve, thus enhancing the public’s confidence in the services provided by SAPS.

We strive to promote community trust and confidence in the police through conducting impartial and objective investigations.

The office receives its legal authority in terms of the following legislation:

• Constitution of the Republic of South Africa, Act 108 of 1996
• Constitution of the Western Cape, Act 1 of 1998
• Western Cape Community Safety Act 3 of 2013

Chapter 11 sections 206(3) and (5) read with schedule 4 of the Constitution of the Republic of South Africa, Act 108 of 1996 which relates to functional areas of concurrent National and Provincial legislative competence.

Provincial governments have been assigned a number of policing responsibilities, powers and duties within Chapter 11 of the Constitution of the Republic of South Africa, 108 0f 1996, as set out below:

• To determine the Policing Needs and Priorities for the province as per Section 206(1) read with 206(2);
• To monitor police conduct as per Section 206(3)(a);
• To oversee the effectiveness and efficiency of the police service, including receiving reports on the police service as per Section 206(3)(b);
• To promote good relations between the police and the community as per Section 206(3)(c);
• To assess the effectiveness of visible policing as per Section 206(3)(d);
• To liaise with the Cabinet member responsible for policing with respect to crime and policing in the province as per Section 206(3)(e);
• To investigate, or appoint a commission of inquiry into, any complaint of police inefficiency or a breakdown in relations between the police and any community as per Section 206(5)(a);
• To consider and refer complaints to the Independent Police Investigative Directorate (IPID) and to monitor the investigation of such complaints as per Section 206(6);
• To require the provincial commissioner (SAPS) to appear before the provincial legislature or any of its committees to answer questions as per Section 206(9);
• To receive and consider the annual report on policing in that province from the provincial commissioner as per Section 207(5); and
• To consider and institute appropriate proceeding against the Provincial Commissioner if the Provincial Executive has lost confidence in that Provincial Commissioner as per Section 207(6).

These functions are assigned (delegated) to the Provincial Minister of Community Safety as per Section 206(4).

Also important to note that, as per Schedule 4 of the Constitution, policing is an area of concurrent legislative competence albeit only to the extent that the provisions of Chapter 11 confer upon the Provincial legislature.

Section 206(1) of the Constitution states: ‘A member of the Cabinet must be responsible for policing and must determine national policy after consulting the provincial governments and taking into account the policing needs and priorities of the provinces as determined by the provincial executives’.

Constitution of the Western Cape Act 1 of 1998, Section 66 Policing functions of Western Cape Government

S66(1) The WCG is entitled to

• Monitor police conduct;
• Assess the effectiveness of visible policing;
• Oversee the effectiveness and efficiency of the police service, including receiving reports on the police service;
• Promote good relations between the police and the community; and
• Liaise with the national Cabinet member responsible for policing with respect to crime and policing in the Western Cape.

S66(2) In order to perform the functions set out in subsection (1), the Western Cape Government

• May investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community; and
• Must make recommendations to the national Cabinet member responsible for policing.

Western Cape Community Safety Act, 3 of 2013

The Western Cape Community Safety Act (hereinafter referred to as ‘the Act’) provides for the carrying out and the regulation of the functions of the Province and the Department of Community Safety in accordance with Chapter 11 of the Constitution of the Republic of South Africa, 1996 and Chapter 8 of the Constitution of the Western Cape, 1997, to provide for the support of and cooperation with the Secretariat of Police and the Provincial Secretariat establishment in terms of the Secretariat of Police Act 2 of 2011.

The Premier of the Province of the Western Cape assented to the Act which was published in the Provincial Gazette no. 7116 dated 5 April 2013 which inter alia provided for the establishment of the Western Cape Police Ombudsman’s office, within the Department of Community Safety (DOCS), in terms of Section 10 of the Act.

The Ombudsman, Advocate Vusi Pikoli, was appointed by the Premier with effect 1 December 2014 in terms of Section 11 of the Act. His appointment marked the effective date from which the office of the WCPO had commenced receiving complaints.

Although the office is established within the Department of Community Safety, its budget is ring-fenced, which thus affords the office its independence, and impartiality.  However, funds are utilized in accordance with the Public Finance Management Act 1 of 1999, and in accordance with Provincial policies.

Section 15 of the Act sets out the mandate of the WCPO, as follows:

The Ombudsman must

(a) receive and may investigate complaints submitted in terms of section 16, regarding inefficiency of the police or a breakdown in relations between the police and any community; and

(b) perform the other functions assigned to him or her under this Act.

The WCPO has adopted an approach that looks at broader functional inefficiencies.   A functional inefficiency does not equal a complete breakdown in law and order.  There are two areas the office may focus on when addressing issues on a macro level:

• the level of SAPS skills, abilities, and resources, and
• whether SAPS meets its objectives as set out in Section 205(3) of the Constitution.

Since the establishment of the office, Advocate Pikoli and his team have made strides in creating sustainable partnerships with stakeholders, such as the South African Police Services (SAPS), National Prosecuting Authority (NPA), the Public Protector, the Human Rights Commission, the Department of Justice & Constitutional Development (DOJ&CD), Independent Police Investigative Directorate (IPID), the Military Ombudsman, the Ombudsman for the Hawks, the City Ombudsman, , the Inspecting Judge at Correctional Services, the Department of Health and the Department of Social Development, to name a few.

These inter-departmental stakeholder relations are crucial in the fight against crime to ensure an integrated criminal justice approach and professional policing in the Western Cape because the South African Police Services (SAPS) is just one entity within the greater criminal justice value chain.

The WCPO has the authority to investigate complaints relating to allegations of service delivery inefficiencies.

We categorise the concept of service delivery complaints as follows:

Poor communication

• Supply incorrect information
• Lack of telephone etiquette
• Failure to provide feedback
• Language barriers

Poor investigation

• Failure to obtain statements
• Failure to attend to a crime scene
• Poor crime scene management
• Failure to arrest suspects
• Failure to follow-up on information
• Failure to submit dockets to court
• Failure to subpoena witness(es)/summon suspect(s) for court
• Failure to compile identikits
• Failure to send exhibits for analysis
• Failure to use investigation aids/experts
• Failure to properly register a missing criminal case docket

Poor response

• Failure to follow-up on or respond to information
• Unnecessary delays in assisting clients at the Community Service Centre (CSC)
• Failure to answer telephone
• Failure to attend to a complaint
• Lack of police visibility
• Unnecessary delays in attending to victims/complainants
• Improper crowd management

Abuse of power

• Making an unlawful arrest
• Threatening or intimidating a member of the public

The Act has conferred the following powers to the WCPO

General

• The WCPO may institute an investigation into alleged police inefficiency and / or a breakdown in relations between the police and any community, if the complaint is not manifestly frivolous or vexatious
• The WCPO must conduct an investigation relating to a complaint lodged by a member of the Provincial Parliament into alleged police inefficiency and / or a breakdown in relations between the police and any community, which is not manifestly frivolous or vexatious
• The WCPO may request written representations from any person regarding investigations being conducted via a Notice in the Provincial Gazette
• Refer a complaint to another competent authority, if the complaint can be more appropriately dealt with by that authority
• If the WCPO is of the opinion that a complaint is of a serious nature or that it may more appropriately be dealt with by a Commission of Inquiry, the Ombudsman may recommend to the Premier that a Commission of Inquiry to be held into the complaint

Investigative powers of the Ombudsman and the designated Investigating Officers are as follows:

• Gain reasonable access to any building, premises, vehicle, property, information or document under the control of the Organ of State concerned
• Direct any person to submit an affidavit, or affirmed declaration or to appear before him, or to give evidence, or to produce any documentation that is in a person’s possession or under his control, and may question that person
• Request an explanation from any person whom he or she reasonably suspects of having information which has a bearing on the matter being investigated or to be investigated

It is an offence for any person who

• without just cause, refuses or fails to comply with a direction or request by the Ombudsman, or refuses to answer any question put to him or her, or gives to such question an answer which to his or her knowledge is false; or

• hinders or obstructs the Ombudsman or an investigating officer in the exercise or performance of his or her powers or functions in terms of the Act.

Such person is guilty of an offence in terms of the Act and liable on conviction to a fine or imprisonment not exceeding three years or both.

A complaint is concluded by the Ombudsman under the following circumstances:

• before or after conclusion of an investigation where the complaint is rejected due to the fact that it does not fall within the ambit of the Act or if it is frivolous or vexatious
• if the complaint is resolved by means of agreement, negotiation or conciliation
• after conclusion of an investigation where it is found that:
• there is police inefficiency or a breakdown in relations, but it could not be resolved the Ombudsman must submit a recommendation on the investigation and his or her findings to the Provincial Minister and inform the complainant that he or she has done so.
• there was police inefficiency or a breakdown in relations and if the said police inefficiency or a breakdown in relations is remedied; or
• there was police inefficiency or a breakdown in relations and the said police inefficiency or breakdown in relations has been reported to the Provincial Commissioner of SAPS or the Executive Head of the Municipal Police Service concerned to deal with the matter further
• if a complaint is withdrawn by the complainant and the Ombudsman is satisfied that there are no compelling reasons to proceed with the investigation; or
• If a complainant despite request does not provide further information that is within his or her knowledge and which is required to finalise the investigation of the complaint.

Citizens are encouraged to lodge complaints with the office, by fax, email, telephone, and in person at our offices. Future enhancements to the website will ensure that citizens may lodge complaints online.

If the Ombudsman decides not to initiate an investigation, the Ombudsman must inform the complainant of his or her decision and the reasons thereof.

Furthermore, upon completion of an investigation and if the matter could not be resolved, the Ombudsman must submit a recommendation on the investigation and his or her findings to the Provincial Minister for Community Safety, and inform the complainant that he or she has done so.

Thereafter, the Provincial Minister must make a recommendation to the Minister of SAPS on the investigated complaint that could not be resolved by the Ombudsman, and must inform the complainant of his or her recommendation made to SAPS.

In order to avoid unnecessary duplication, the Ombudsman must coordinate his or her functions and activities with other authorities that have jurisdiction in respect of the investigation of complaints against the police. Hence, continued stakeholder interaction is imperative.

In terms of the Act the WCPO must report annually, in writing within 30 days of the end of each financial year, to the Provincial Minister of Community Safety on the activities of the Ombudsman during the previous financial year including:

(a) the number of complaints investigated;

(b) the number of complaints determined to be manifestly frivolous or vexatious under

Section 17(1);

(c) the outcome of investigations into the complaints; and

(d) the recommendations regarding the investigated complaints.

(2) The Ombudsman must report to the Provincial Minister on his or her activities in terms of this

Act as and when requested to do so by the Provincial Minister.

(3) The Provincial Minister must table the report to the Provincial Parliament within 30 days of receiving the report.

The financial year covers the period of 1 April until 31 March the following year.

In February 2015 the WCPO applied for membership to the International Ombudsman Institute (IOI). The IOI Board of Directors made a positive decision on the application and the WCPO has been approved as a voting member of the IOI with effect 23 September 2015.

Acceptance as a member of the IOI reinforces our functional independence to receive and impartially investigate complaints relating to alleged inefficiencies in the administrative practices of SAPS.

A requirement in terms in Section 11 of the Western Cape Provincial Police Ombudsman Regulations, 3 of 2015 is for the Ombudsman and all staff members appointed to take an oath or make an affirmation that he or she will exercise his or her powers and performance his or her functions in terms of the Act and to :

• obey, respect and uphold the Constitution of the Republic of South Africa, 1996, the

Constitution of the Western Cape, 1997, and the fundamental rights entrenched therein, and all other laws of the Republic; and

• serve independently and impartially and act in good faith without fear, favour, bias or

prejudice, subject to the Constitution of the Republic of South Africa, 1996, the Constitution of the Western Cape, 1997, and the law.

This is an essential requirement as it emphasises the commitment by the Ombudsman and the staff to the mandate of the office WCPO, which strengthens the need to ensure that all complaints are dealt with in an impartial manner and unbiased manner.

On 1 December 2015 the Ombudsman and all the staff had the honour and privilege of being sworn in by the Judge President of the Western Cape High Court, the Honourable Judge President, JM Hlope.

The team: ‘the Ombudsman and staff members of the Ombudsman must serve independently and impartially and must perform their functions in good faith and without fear, favour, bias or prejudice, subject to the Constitution and the law’

Contact

Office: 6th Floor, Waldorf Building, St Georges Mall, Cape Town

Postal address: PO Box 5346, Cape Town, 8000

Tel: +27 (0)21 483 0669

Fax: +27 (0)21 483 0660

Email: ombudsman@westerncape.gov.za

Web: www.westerncape.gov.za/police-ombudsman