Silence opens door to police criminality, report warns

A culture of silence and failure to report misconduct in police ranks has led to more police officers in SA being involved in criminality.

(Sibongile Ngalwa)

A culture of silence and failure to report misconduct in police ranks has led to more police officers in SA being involved in criminality. 

This is according to a report by a panel of experts looking into policing and crowd control within the SA Police Service as part of the recommendations made by the Farlam commission on the Marikana massacre. 

Police minister Bheki Cele released the report in Pretoria yesterday.

The report states that a prominent feature of police organisations is the “blue wall of silence” or “blue curtain of silence”, which refers to an informal agreement among officers not to report the misconduct of their colleagues.

“This dynamic is driven by the need for police to ‘trust one another and co-operate closely’. If this cultural dynamic becomes the norm it results in police officials generally involving themselves in various levels of dishonesty,” the report states. It cites as an example police officers pleading ignorance to wrongdoing by a colleague during an investigation into petty misconduct. “It can also involve outright perjury whereby a police official will testify untruthfully while under oath during a criminal investigation or prosecution of a colleague.”

“Research has found that the ‘blue code of silence’ exists in the SAPS. This is consistent with the experience at the Marikana commission where there was widespread dishonesty practised by the SAPS in its evidence before the commission,” the report states. 

It suggests that breaking the code of silence can lead to formal and informal sanctions from colleagues and commanders that can range from ostracism to damage to personal property, malicious rumours, intimidation, and sometimes direct violence. 

The report was compiled by a panel of experts who were tasked with analysing recommendations in line with the strategic imperatives of the National Development Plan.

This was after the Farlam commission of inquiry, chaired by retired judge Ian Farlam, investigated the events that led to the Marikana massacre on August 16 2012, and presented a report with findings and recommendations.

“As indicated, Marikana commission recommendation G1 states that where a police operation and its consequences have been controversial, requiring further investigation, the [police] minister and the national commissioner should take care when making public statements or addressing members of the SAPS not to say anything which might have the effect of ‘closing the ranks’ or discouraging members who are aware of inappropriate actions from disclosing what they know,” the report adds. 

The release of the report came three days after the Johannesburg magistrate’s court granted bail to four police officers accused of murdering Mthokozisi Ntumba during a protest by Wits University students against financial exclusion.

Ntumba was shot at close range with rubber bullets after leaving a clinic in Braamfontein, Johannesburg, on March 10.

During closing arguments in the bail application of Tshepiso Kekana, 27, Cidrass Motseothata, 43, Madimetsa Legodi, 37, and Victor Mohammed, 51, prosecutor Nkosinathi Zuma told the court that Independent Police Investigative Directorate investigating officer Tinyiko Thwala was met with challenges when she approached senior members in the police service to disclose the identities of the four officers attached to the public order policing unit.

It took a number of days to unearth evidence of what actually transpired when Ntumba was gunned down.


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