Received from the Justice Project of South Africa :

MEDIA RELEASE – FOR IMMEDIATE RELEASE
TO: ALL NEWS EDITORS
SUBJECT: INTIMIDATION TACTICS BY JHB METRO POLICE
ISSUED BY: JUSTICE PROJECT SOUTH AFRICA
DATE OF RE-ISSUE: FRIDAY 6 AUGUST 2010

WHEN a person who had been brutalised and arrested by JMPD officers on Wednesday 28 July 2010 contacted Justice Project South Africa last Thursday, JPSA immediately registered the report and began investigating the circumstances surrounding it.

As part of the protocols followed by JPSA in cases like this and in the spirit of the intimated willingness of Director David Tembe of the JMPD to work with JPSA to address serious issues where officers employed by the JMPD are involved, an email was sent by JPSA head, Howard Dembovsky to a number of individuals in the JMPD to establish the names of the officers involved in the assault and arrest of the complainant.

When it was revealed that the two vehicles in which the officers concerned in the incident were not JMPD marked official police vehicles, JPSA was referred to Director Dlepu of the JMPD who is reportedly responsible for municipal by law enforcement. A telephone call to his offices on Monday 2 August, which was answered by a lady met with an uncooperative and dismissive response and achieved nothing in establishing the required information.

At 09:18 on Wednesday 3 August 2010, a call was received (from a withheld number) from Deputy Director Maila, who after being informed that the telephone call was being recorded surged into a tirade of abusive and unprofessional insults directed at Howard Dembovsky and JPSA.

Amongst Deputy Director Maila's statements – most of which were indecipherable since he spoke very badly and aggressively were such statements as –
•    “I am not going to give you the names of these guys…”
•    “You are always interfering with the job. You Howard…”
•    “I am Maila, I am not afraid to take you head on – I will take you head on…”
•    “Go to Director Tembe – I am not afraid of him…”
•    “Hey Howard, go to your lawyers – let's meet in court.”
A copy of the full audio file is available to the media at www.jp-sa.org/sound/20100803-DepDirMaila.mp3.

After the telephone call, Director Tembe (who is currently on leave) was called and a letter of complaint was immediately lodged with JMPD chief Chris Ngcobo, requesting an urgent meeting with him so that the audio file could be played back for him and the matter addressed. However no response from the Chief was received until 14:57 on Thursday 5 August when an email informing us that we were now being referred to Director Dlepu was received. At the time of sending of this release (12 Noon on Friday 6 August 2010), no such meeting has been requested or scheduled by the Director's office.

It is the exact behaviour of Deputy Director Maila that has given rise to JPSA getting involved with members of the public in initiating and following up on complaints against the officers concerned where complainants have allegedly been brutalised by JMPD (and other) officers.

We have received multiple complaints from individuals who have fallen victim to intimidation tactics employed by the perpetrators of these abuses. Some who have reported matters to the internal affairs department of the JMPD have also complained of intimidation and the mysterious disappearances of their files – resulting in their complaints not being addressed.

In the case of the specific complaint which gave rise to Deputy Director Maila's phone call to us, preliminary investigations into the alleged brutalisation of the complainant by JMPD officers have revealed that witnesses to the events have stated that they are too scared to come forward for fear of reprisals from JMPD officers “who know where they live.”

Accusations of kicking, punching, pistol whipping and the unjustified and brutal tightening of handcuffs, causing significant nerve damage to the complainant have also been forthcoming. The attack would also appear to have racially motivated connotations to it.

Photographic evidence as well as a medical report shows that there is significant substance to the complaint and a criminal charge has already been laid against the arresting officer, however it is our intention to charge all of the officers involved in this incident as well as pursuing it through the internal affairs department of the JMPD so that disciplinary procedures may be followed. Obviously civil litigation is also on the cards.

A complaint will be lodged with the Independent Complaints Department (ICD), with whom we have already been in contact, as soon as we wrap up our investigations since Metro Police Departments do fall under the mandate of the ICD. They have no influence or powers over other traffic authorities and this is part of the reason for the introduction of the Independent Investigative Directorate Bill which calls for “civil oversight structures and watchdogs with bite” to be incorporated into a new structure. JPSA aims to be one of these structures.

JPSA will follow this case to its logical conclusion, just as it will any case that is reported to it. Our objectives are to ensure that the incidence of such abuses are dramatically reduced, if not eradicated entirely, by effective policing and prosecution of those who would plunge South Africa into a “Police State” and/or abuse their powers to engage in corrupt activities and/or show how tough they are. Racism will absolutely not be tolerated and it is very sad indeed that this should even be raising its ugly head this far down our country's road of democracy.

Anyone who comes to us will be shielded from further abuse, like that which was demonstrated by Deputy Director Maila since we can take the punch, are not intimidated and do something about it. Just imagine the ramifications of receiving a phone call like this, or indeed one actually threatening physical harm, from a withheld number if it is directed at the complainant or a member of their family. This is what happens regularly and it is for this reason that JPSA offers its intervention to the public. We never bring a complaint before thoroughly investigating the incident and if we cannot establish reasonable grounds for bringing it.

Our protocols and methodologies are not in any way a “vigilante action” and strict legal guidelines are followed. Wherever we can enlist the cooperation of the authorities against whose officers complaints are addressed, we welcome this cooperation, but if they choose to engage in a “fight” then that is their prerogative and it will not deter us from our objectives. After all in many cases this is the first time that a “civil oversight structure” has challenged them and their actions and we do not currently have any officially or government sanctioned support or mandate to intervene. What we do have is a mandate from our members and complainants to address these matters, as well as excellent legal support from our participating law firms, Burger Attorneys and Sim & Botsi Inc.

JPSA is currently in the preliminary stages of establishing a good cooperative (not collaborative) working relationship with the JMPD through Director David Tembe and this incident, whilst unfortunate will not be allowed by us to derail these efforts. One bad apple should and will not be allowed to taint the rest of the harvest.

Best Regards,

Howard Dembovsky
National Chairman - Justice Project South Africa
“Even if you're on the right track, you'll get run over if you just sit there” – Will Rogers
Mobile: +27 (0) 82 418 6210
Fax: +27 (0) 86 647 3293
Website: www.jp-sa.org
"Evil can only triumph where good people do nothing"