Minister Fritz welcomes findings of WCPO investigation into train arson | Western Cape Government

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Minister Fritz welcomes findings of WCPO investigation into train arson

11 June 2020

The Minister of Community Safety, Albert Fritz, welcomes the findings by the Western Cape Police Ombudsman (WCPO), Mr JJ Brand, following his investigation into the constitutional duties of SAPS and the allegation that SAPS is unable to prevent vandalism of Metrorail trains within the Western Cape.

Additionally, the investigation unpacked the inability of SAPS to prevent, investigate and to arrest alleged perpetrators of the reported train burning incidents properly.

Minister Fritz said, “This investigation was requested following a spate of arson attacks on railway infrastructure and SAPS’ inability to apprehend those responsible. During the height of these attacks, commuters experienced a great sense of feeling unsafe and experienced serious delays and cancellations of trains, leaving them stranded. The question of railway safety is all the more important as PRASA prepares to resume some of its services on 1 July 2020.”

Minister Fritz requested that the investigation be made by the WCPO on 28 November 2019. On 12 December 2019, a notice was published in the Provincial Government Gazette inviting comments from the public on the investigation as the complaint was deemed to fall within the WCPO’s mandate in terms of Section 16(1) and Section 17(2) read with Section 15 of the Western Cape Community Safety Act of 2013.

Minister Fritz said, “The investigation was conducted by calling on the public to submit their comments. Copies of the relevant case dockets were requested from SAPS, analysed and findings were made. Interviews were conducted with SAPS officials and other stakeholders. Comments were requested from numerous Departments and from the City of Cape Town’s Mayoral office. I commend the WCPO on progress made in his investigation.”

Minister Fritz added, “One respondent highlighted that prior to 1986, there were 6422 railway police members who were aided by 2800 railways police reservists. Due to sustained pressure on limited policing resources in 1986, the railway police were integrated into the SAPS. By 2010, SAPS had allocated only 3232 police officials to the Rapid Rail Unit of SAPS. However, that meant that railway had lost 3190 permanent members and 2800 reservists, as compared prior to1986. This is a total of 5990 fewer members at stations and on trains.”

One respondent highlighted the findings of a poll in which it was indicated that 88.9% of respondents said that they either sometimes or never see police on Metrorail trains or at stations. Furthermore, 70.9% of respondents felt unsafe on-board Metrorail trains and stations.

Findings by the WCPO

The complaint was found by the WCPO to be substantiated and that the National Commissioner of the SAPS and the Group Chief Executive Officer of the Passenger Rail Agency of South Africa (PRASA), “must have realised some of the inefficiencies when they signed a Memorandum of Understanding (MOU) on the 5th of February 2019. Although it was only signed after thirty-nine train burning incidents, which resulted in the loss of two lives and with an estimated financial loss of nearly R600 million.”

The WCPO further found that, “The current uncertainty concerning security contracts with PRASA, however threatens to defeat the purpose of the MOU.” It is the WCPO’s opinion that the various inefficiencies within PRASA have contributed “to a large extent to the inefficiency of the SAPS to perform their mandate in terms of Section 205(3) of the Constitution of South Africa (Act 108 of 1996).

It was found that SAPS was only able to arrest and process juvenile suspects for the burning of the trains thus far, with no link yet to any adults or organised groups. No motive for the burning of the train sets has yet been established.

Minister Fritz said, “No conviction has been recorded yet for the burning of the train sets in the Western Cape. While SAPS is just one of many role-players in the Criminal Justice Cluster that must ensure convictions, it is still SAPS’ responsibility to present a properly investigated case (including evidence) to a Court of Law that will enable the Court to come to a verdict of a conviction.”

Recommendations by the WCPO

Amongst the recommendations made where that:

  • The Provincial Commissioner of SAPS in the Western Cape should implement appropriate steps to address the inefficiencies highlighted in the report; and
  • The investigative report should be forwarded to the Standing Committee on Community Safety, Cultural Affairs and Sport of the Western Cape Provincial Parliament, to monitor whether the inefficiencies identified are indeed addressed by SAPS in the Western Cape.

Minister Fritz said, “The report will be presented to the Provincial Standing Committee on Community Safety, Cultural Affairs and Sport which, as per the Constitutional powers of such a multi-party committee, will review the report.”

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Media Enquiries: 

Cayla Ann Tomás Murray
Spokesperson for Minister Albert Fritz
Tel: 021 483 9217
Cell: 064 121 7959
Email: Cayla.murray@westerncape.gov.za