Appointment of Commission of Inquiry into Policing in Khayelitsha

Media Statement by Helen Zille, Premier of the Western Cape

Appointment of Commission of Inquiry into Policing in Khayelitsha

Today, I am announcing the appointment of a Commission of Inquiry into allegations of police inefficiency in Khayelitsha and of a breakdown in relations between the community and the police in the area.

This commission is being established in terms of sections 206 of the Constitution, read with the Western Cape Constitution and our own Provincial Commissions Act of 1998.

The decision to appoint a Commission of Inquiry has been taken after a protracted period of communication between me and both the stakeholders and the South African Police Service (SAPS), and after obtaining legal advice.

The Basis for the Decision to Appoint a Commission of Inquiry

I was initially requested to establish a Commission of Inquiry into policing in Khayelitsha by a group of civil society organisations, represented by the Women's Legal Centre, in a complaint lodged with my office on 28 November 2011.

The complaint alleged that there was systemic failure by the SAPS in Khayelitsha to prevent, combat and investigate crime, take statements, open cases and apprehend criminals, resulting in a breakdown in relations between the community and the police. This breakdown in relations is believed to be the cause of the tragic spate of vigilante killings in parts of Khayelitsha where residents have taken the law into their own hands to exact "mob justice" because they have no faith in the ability of the police to undertake thorough investigations, make arrests or render the requisite assistance to secure convictions in reported criminal cases. To date, there have been at least 14 known acts of vigilante killings.

News reports of these vigilante killings quote a community member in Khayelitsha as saying, "We are tired of criminals, if killing them helps to reduce crime, let it be. Police are failing to arrest them, that is why residents are taking the law into their own hands."

From November 2011 to June 2012, my office has sent the Provincial and National Commissioners of Police every complaint against SAPS and requests made to me in this regard, and which have been received by my offices from: the Women's Legal Centre (sent 9 December 2011), Khayelitsha activist, Nkwame Cedile (sent 5 June 2012), and the Social Justice Coalition (sent 22 June 2012) as well as three follow-up correspondences (14 February, 22 May and 22 June 2012) requesting their comment and response to the complaints and requests for the institution of a Commission of Inquiry made therein.