In a recent Bush Radio panel discussion, Retired Major General Oswald Reddy, Western Cape Police Ombudsman, and Brenda Leonard, Bush Radio Station Manager, addressed one of the most pressing issues facing South African communities: police brutality and accountability.
When asked about the most common forms of police misconduct
in the Western Cape, General Reddy didn't sugar coat. Beyond physical excessive
force, communities face psychological intimidation, discriminatory profiling,
evidence tampering, and corruption. The ongoing revelations at the Madlanga
Commission of Inquiry and the Parliamentary Ad-Hoc Committee investigating Lieutenant
General Nhlanhla Mkhwanazi allegations have exposed serious concerns about
violence levels in society and how police engage with ordinary citizens.
"The police have certain powers in terms of the
law," General Reddy explained. "However, they have to respect human
rights and human dignity and carry their duties out in a fair, responsible,
reasonable manner."
The problem arises when policing powers are misused. While
police officers have the right to defend themselves and protect the community
when confronting violent criminals and gangs, the law requires that force must
be reasonable. Once a threat is neutralized, the level of force must decrease
accordingly.
How Complaints Are
Handled
General Reddy's office, the Western Cape Police Ombudsman,
primarily deals with police inefficiencies rather than criminal conduct. When
criminal behaviour by officers is alleged, cases are referred to IPID (the
Police Investigative Directorate).
Currently, the office has 14 cases on record involving
allegations of torture. When such cases arise, the office follows a clear
protocol: informing complainants they need to open a case at the police station
and referring matters to IPID for investigation.
The Challenge of
Internal Investigations
One of the most significant obstacles to accountability is
that police discipline is handled internally. While oversight bodies like the
Police Ombudsman can provide recommendations, the police themselves appoint
investigating officers to conduct internal investigations.
For minor offenses, sanctions might include verbal or
written warnings. For serious misconduct, a full investigation leads to a
tribunal where a presiding officer examines evidence similar to a court proceeding.
Officers can bring union representatives or lawyers to defend themselves.
However, General Reddy acknowledged a critical weakness:
there's no standard or minimum guideline for accountability. The same offense
committed in Mitchell's Plain versus George could result in vastly different
sanctions because of two independent trial officers. While review mechanisms
exist through the provincial commissioner, the lack of complete independence
creates opportunities for manipulation and corruption.
A Real Story of
Justice
Brenda Leonard shared a powerful example from about 15 years
ago that illustrates both the challenges and possibilities of the system. A
refugee was withdrawing money at an ATM when police arrested him without
explanation. At the police station, officers beat him and sprayed him with tear
gas in his cell. When he tried to make a police case, the station refused.
He came to Bush Radio because he didn't know where else to
turn. The station documented his injuries, contacted the station commander, and
helped him file a case. The process took two years, but ultimately one officer
was dismissed and another received a reprimand.
"There is a system in place," Leonard emphasized.
"It took about two years... but ultimately, that person did get
justice."
When discussing media coverage of police violence, Brenda stressed
the importance of balanced, responsible reporting that respects media ethics.
Journalists must be fair to all parties while exercising their right to cover
stories at crime scenes without interference.
She described an incident where police officers tried to
prevent Bush Radio journalists from covering an active crime scene opposite the
station. After asserting their rights and later meeting with the station
commander to educate officers about media law, the situation improved.
"We have influence as media," Leonard said.
"We need to move away or try not to put blame in sometimes very high
emotional situations."
In today's digital age, smartphones and social media have
transformed evidence gathering. General Reddy noted that what was once
difficult to prove can now be documented in real time through photos, videos,
and recordings.
However, he cautioned about the integrity of evidence. For
courts to accept digital evidence, there must be an unbroken chain of custody
proving the material hasn't been tampered with. Footage that shows only part of
an incident or has been doctored loses its credibility.
"Two wrongs cannot make a right," General Reddy
reminded listeners. "The police have to comply with the law."
Your Rights During
Police Encounters
General Reddy outlined critical rights every citizen should
know:
Police must identify themselves and show their appointment
certificates
You have the right to request a copy of a search warrant
Police officers should wear visible name tags (though some
remove them to avoid identification)
Record registration numbers of police vehicles and names of
units
In a democratic dispensation, you have constitutional rights
that must be respected
"In the days before 1994, the police would come to your
house at 2 o'clock in the morning, take you out of bed, your family don't have
a clue where you've been taken to, and the next thing you disappear," he
reflected. "We are currently living in a democratic dispensation, and
people have rights which are guaranteed by the Constitution."
Leonard discussed the complex role of social media in
documenting police violence. Unlike traditional media, social media platforms
have no code of conduct, allowing anyone to post anything with minimal
accountability.
The negative side includes distorted information and
consequences people haven't thought through in their rush to post sensational
content. However, social media also plays a positive role by keeping police
accountable. When people have cameras at marches and protests, officers often
think twice about their actions.
"Instead of pushing someone or doing something to
someone or tear-gassing, they will rather think maybe we must find another form
of action," Leonard observed.
The Path Forward
General Reddy outlined three core models of civilian
oversight:
Review-focused boards that assess internal investigations
but lack independence
Investigative-focused agencies that are external and more
neutral
Auditor-monitor models focused on long-term reform
For South Africa, he suggested that while external bodies
might not be immediately feasible, creating centralized disciplinary units at
the district level to handle serious cases would bring greater fairness and
equity in sanctions.
Responsible
Reporting Guidelines
Leonard emphasized key principles for media coverage:
Report in a balanced way that respects everyone's rights
Don't name suspects until they've appeared in court
Avoid sensationalism that could mobilize communities to violence
Be aware of the impact and consequences of reporting
Use language carefully, avoiding aggressive terminology
Follow the law and professional codes of conduct
The conversation revealed both the challenges and
possibilities within South Africa's police accountability system. While
internal investigations and the culture of cover-up remain significant
obstacles, there are pathways to justice through persistent advocacy,
documentation, and engagement with oversight bodies.
Most importantly, citizens need to know their rights and
exercise them. Whether through the Police Ombudsman, the South African Human
Rights Commission, the Public Protector, or Parliamentary Oversight Committees,
multiple avenues exist for addressing police misconduct.
As General Reddy concluded: "If we sit back and do
nothing, the impunity continues. But the moment we take a stand and say enough
is enough, this must be reported, then there cannot be a cover-up."
For complaints about police conduct in the Western Cape,
contact the Office of the Police Ombudsman on 021 483 0669. For criminal
conduct by police officers, contact IPID (Police Investigative Directorate).
Written by: Jasnine
Roberts
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