Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
CASAC MEDIA STATEMENT ON THE KILLING OF THE MOTHUTLUNG PROTESTORS
14 January 2014
CASAC is outraged at the killing of two people at the hands of the police during a protest against a lack of water services in Mothutlung in the North West province yesterday.
Citizens would have every right to expect that lessons would have been learned and remedial measures implemented in the aftermath of the killing of Andries Tatane in April 2011, the Marikana massacre in August 2012 and the killing of Mido Macio in Daveyton in February 2013. So far no one has been held to account for the killings of Tatane, Macio and the dead of Marikana. The failure to act against the perpetrators of these killings will only serve to undermine respect for the rule of law.
So despite the protestations of the Minister of Police that a culture of impunity does not permeate the South African Police Service (SAPS) we have seen no evidence of a change in the manner of public order policing.
CASAC Chairman Sipho Pityana says:
“Indeed it appears that a policy of maximum force is prevalent within the SAPS, a view that CASAC outlined in its written submission to the Farlam Commission of Inquiry. The obfuscation of SAPS officials testifying before the Farlam Commission strengthens the perception that the police are not prepared to accept responsibility for their actions and to be formally held accountable.”
We are concerned that over a year after the Human Rights Commission published its report on the killing of Andries Tatane, its recommendations appear to have been ignored by the SAPS – these recommendations included the following:
The Minister of Police must urgently clarify the position of the SAPS with regard to the circumstances when live ammunition may be used, and what measures have been put in place to ensure that the constitutional rights of the public are respected by the SAPS.
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