The recommendations are drawn from the problems that were identified by the participants in revealed in the findings as indicated in Figure 6.1 and Figure 6.2. It is evident that the eradication of the crimes of police torture and assault will depend exclusively on the changes that are effected in the operational practices of SAPS as well as IPID officials, because both these organisations need to work together to solve the problem of police criminal behaviour and brutality. Most importantly, each of these organisation needs to take cognisance of its internal problems and address them.
6.6.1 Recommendations pertaining to the SAPS 6.6.1.1 Improve Police Training
Two main concerns were raised by the participants, namely police training that does not speak to the challenges that the police encounter in their occupational setting and a lack of interviewing skills. Based on these concerns, it is clear that the SAPS training curriculum needs to be reassessed and improved to incorporate emphasis on how the police are to behave in situations such as raids and stop-and-search operations. A module should be included in the curriculum that addresses situations that the police might encounter in their occupational setting and realistic and appropriate ways of responding to such situations should be provided.
The first step is to identify how members of the public respond to police raids and stop-and - search operations and then train the police to respond according to public response because it
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is difficult to change the behaviour of the public. Acquiring interrogation skills is as important as learning how to deal with violent suspects. The police training curriculum needs to also include a step- by-step interrogation procedure, where the police will be given a chance to learn appropriate skills in dealing with suspects who are difficult or who refuse to cooperate in an interrogation.
6.6.1.2 Disregarding information extracted by torture
Information that was obtained through intimidation of a suspect or torture of the suspect should not be used as evidence in a court of law. This might help to reduce the use of torture to make suspects confess and extract information because once the police know that the use of torture may jeopardise their case, they might refrain from using force from the start, but instead rely on other legitimate methods of gathering information and evidence from suspects.
6.6.2 Recommendations pertaining to the IPID
6.6.2.1 Public awareness regarding important procedures for investigation
The participants raised the concern that many complainants did not visit doctor after they had been assaulted or tortured. They emphasised that a doctor’s report is one of the most important pieces of evidence that is used to prove that the police used excessive force in the execution of their duties. To avoid this challenge in the future, the public needs to be made aware of the importance of a medical report (J88). It is evident that the public is not informed about the importance of getting treatment after an incident of assault by the police. The public also needs to note the number plate of the vehicle that the police were driving on that day and, if possible, note the names of the police officers and the police station where they were based.
6.6.2.2 Screening of assault cases
The participants indicated that they dealt with both legitimate and false cases. They recommended that cases be screened to reduce the workload. One of the participants indicated that the majority of cases were reported at police stations. Therefore, because such a case is submitted to the IPID offices in the form of a report, the IPID institute needs to screen the complaints based on their perceived legitimacy. This does not mean that the cases that are assumed to be false should not be investigated, but with the shortage of manpower and the influx of reported cases of torture and assault, screening should be applied in a manner that ensures division of labour based on the perceived legitimacy of a complaint. This means that
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some investigators will deal with cases that are assumed to be false complaints and others with legitimate complaints to save time and limit the required resources.
6.6.2.3 Policy on public compliance and case withdrawal
Because it is at times difficult to identify the motive of the complainant when a case is lodged, it is deemed necessary to have a policy that will consider failure to submit a statement for the withdrawal of a case as an offence punishable by law. However, this should depend on the reason for withdrawal. This will allow the IPID office to identify challenges that the complainants deal with once they have opened a case against a member of the SAPS, and this will in turn improve the operational system of the IPID. The Act will also have to be applied to complainants who withdraw because they were involved in other cases. Complainants will need to be informed about this Act when they are opening a case against the suspect. They should be compelled to sign a form indicating whether or not they still wished to continue with the complaint. This will aid in minimising the number of pending cases due to a lack of cooperation from complainants and it will save time for the investigating officer to focus on processing other cases which, in turn, will increase the number of cases that will be investigated yearly.
6.6.2.4 Improved strategy for disciplinary measures and criminal prosecution recommendations
It was revealed that the strategy to submit disciplinary and criminal procedure recommendations by investigating officers to the SAPS/NPA once they have completed the investigation is not effective. Therefore, guidelines need to be designed for the SAPS and the NPA in order to properly scrutinise, approve and implement the recommendations. Even though the nature of assault and torture may be different in each case, basic standards should be established to ensure that the police are accountable for their actions and to improve the strategy of recommendations, especially in relation to ensuring convictions and police accountability.
6.6.2.5 Improve IPID capacity
All the participants indicated that the IPID is not adequately capacitated for what it is mandated to do. It was evident that a lack of resources, budget, and manpower affects the effectiveness and efficiency of the IPID, especially with regards to their investigative processes. It is noteworthy that the issue of IPID capacity was raised by studies that evaluated the capacity of
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the ICD. The IPID therefore needs to be viewed as just as important as the SAPS and other law enforcement institutions. The first step is to increase manpower, because the workload of IPID investigating officers is increasing and will soon be beyond their reach. The IPID organisation needs to have its own resources and budget. The budget should fall under the auspices of the top hierarchy of the IPID and not the Minister of Police to ensure full independence of the IPID organisation.