Justice Project South Africa (JPSA) is extremely concerned by a SAPA report wherein two Metro Policemen in the employ of the Tshwane Metropolitan Police Department have allegedly been caught red-handed soliciting and accepting bribes by a TMPD investigator – only for them to face internal disciplinary charges with allegedly no criminal charges having been brought.
The officers involved in soliciting/taking the bribes could face up to life imprisonment if their matter was to be heard before the High Court, 18 years if it was heard in a Regional Court, or five years if it was heard in a Magistrates Court; but only if criminal charges are brought against them. The monetary value of the bribes solicited should have little bearing on the matter, given the other serious backlashes their soliciting bribes have.
Bribery and corruption in terms of traffic policing has an additional detrimental effect on any efforts in the interests of promoting road safety and reducing road carnage in South Africa and goes a long way to explaining why at least 14,000 people die on our roads each year, whilst at least TEN TIMES as many are injured annually. Motorists who commit traffic offences and simply pay bribes in order to avoid prosecution present a serious danger on our roads, particularly where they are under the influence of alcohol.
While Metro Police and Traffic Departments continue to hold their own little internal disciplinary hearings – many of which lead to the mere dismissal of the officers concerned, with no universally accessible register of offenders existing – traffic officers found guilty by these hearings will simply continue to move onto another traffic authority and pick up where they left off; as if nothing has happened.
A clear message urgently needs to be sent to corrupt cops and in our opinion the NPA, Department of Justice and others should be sending this message to these people by prosecuting such matters in the High Court where the judiciary can hand down “harsh” sentences and make an example of these criminals with badges and guns who think it is okay to solicit bribes and engage in extortion.
South Africa has a serious problem with corruption and extortion being practiced by law enforcement officials and in particular, traffic officers and Metro Policemen are notorious for these activities. This is specifically true because they operate in somewhat isolated environments where the commission of the crime is relatively easy and few, if any witnesses to their crimes of extortion and corruption exist. Furthermore, the only other party to such a crime is also considered to have committed a criminal offence – just like the officer who solicited the bribe.
There is nothing to prevent internal disciplinary charges being pursued by Metro Police Departments, etc. however such processes should in fact be considered to be pursued in addition to criminal charges – not the other way around.
While it may seem somewhat “unfair”, members of the public who are caught paying bribes to cops should also be charged, convicted and imprisoned in order to send the right message to the public and thereby shut down the supply which gives rise to such a high demand for bribes. This needs to be handled correctly however and only those members of the public who offer bribes up front should be affected since the extortion component in bribe solicitation presents a “Hobson’s choice” to many truly frightened motorists.
Alarmingly however, in spite of the existence of the Prevention and Combating of Corrupt Activities Act for more than 10 years now (date of commencement 27 April 2004), little or nothing has been done to prevent and/or combat corruption – particularly when it comes to corrupt activities committed by traffic enforcers who also contribute to the road carnage in South Africa.
The question must therefore be asked “how serious are we about combatting corruption and saving lives on South African roads?” and unfortunately, the answer is quite simple: “We are not serious about it at all”.
Statutes that are enacted and not enforced to the letter of the law are about as much use as a cart with square wheels and talking about combatting corruption serves no purpose if those statutes remain in moth-balls while Metro Police departments conduct their own hearings to avoid falling foul of Unions and simply appear to be doing something about the scourge.
Footnote:
The fact that the Metro Police investigator who caught these corrupt officers is essentially a policeman in terms of the South African Police Service Act does not excuse him from the provisions of the Prevention and Combating of Corrupt Activities Act – nor does it exempt any Metro Police Department established under the South African Police Service Act from the provisions of the Prevention and Combating of Corrupt Activities Act.
Section 34 of the Prevention and Combating of Corrupt Activities Act, 2003 (Act 12 of 2004) is very specific in requiring any person who holds a position of authority and knows or should have reasonably known that any other person has committed an offence in terms of the Act who does not report such a matter to Police shall be guilty of an offence. The Act makes provision for fine or to imprisonment for a period not exceeding three years for conviction of this offence in a Magistrates Court or a fine or to imprisonment for a period not exceeding 10 years if it is heard by the High Court.
Best Regards,
Howard Dembovsky
National Chairman – Justice Project South Africa (NPC)
Also view:
Corruption, Traffic Enforcement and Road Safety
Howard Dembovsky