Cape Town - The police’s top brass are refusing to comment on a classified report into the killing of Cape Town top cop Charl Kinnear, which implicates a number of past and serving police officers from the rank of Warrant Officer all the way up to General.
Written by an Independent Police Investigative Directorate (Ipid) task team, the report, which has been seen by Independent Media, confirmed the findings of the preliminary report. It has evidence that all SAPS members mentioned “undeniably committed acts of misconduct and some committed criminal offences”.
The report, which was sent to Police Minister Bheki Cele in June, recommends that implicated officers be charged with defeating the course of justice and dereliction of duty.
It also recommends that members of a so-called Rogue Unit, including two captains and a Warrant Officer, be charged departmentally for conduct that brought the service into disrepute.
Anti-Gang Unit (AGU) commander Kinnear was shot and killed outside his Bishop Lavis home on September 18, 2020.
Businessman Nafiz Modack, Zane Kilian, AGU officer Ashley Tabisher, Amaal Jantjies Ricardo Morgan and Jannick Adonis face an array of charges related to various incidents leading up to the death of Kinnear.
However, in August this year, Kinnear’s widow Nicolette instituted criminal charges of culpable homicide against “everyone implicated” in an Ipid report on his death.
Yesterday Independent Media approached the minister’s office to ask if there was any intention to release the report and why it had not been released yet.
The minister was also asked if he was planning to reveal what measures had been recommended in the report; what plans there were to implement them; whether there would be any action taken against those implicated; and what would happen to those who had been implicated but had since left the service.
Replying to the questions, Ministry spokesperson Lirandzu Themba said: “The report was submitted to Parliament for further processing.”
Asked if the minister cared to make any further comment, Themba said: “Not at this point. Thanks.”
When similar queries were sent to the Western Cape police commissioner, Thembisile Patekile, Western Cape police spokesperson, Brigadier Novel Potelwa, was doubtful that the report had been sent to SAPS senior management, including Provincial Commissioner Patekile.
Potelwa directed queries to Ipid to ask them if they had sent copies to Patekile.
Indepndent Media asked whether Ipid had as well as submitting the report to Parliament, the NPA, the National Commissioner and the Minister also sent a copy to the SAPS Western Cape management.
In response, Ipid spokesperson Lizzy Suping said they would only comment on the Kinnear report after Parliament’s portfolio committee on the police, which is set to meet on November 9, had met.
Two weeks ago, MPs on the committee were told that National Police Commissioner Fannie Masemola and the NPA were mulling the recommendations on Kinnear’s murder investigation.
Ipid executive director Jennifer Ntlatseng said the report was classified because the investigation implicated senior people.
Among those cited in the report seen by Independent Media were members of the Directorate for Priority Crime Investigation (Hawks).
When the matter was discussed by the portfolio committee in February 2021, the committee made a commitment to Kinnear’s widow Nicolette Kinnear, that it would seek justice for the killing of her husband and ensure accountability.
The promise was made after the committee considered a petition from the widow which raised a number of questions that still need to be addressed.
At the time, chairperson of the committee, Tina Joemat-Pettersson said: “Be assured that the committee will not leave this matter until we find justice for you and your boys. We will keep this matter on the programme of the committee until we find answers to the questions you have raised.”
The committee further highlighted the need to speed up both the internal and criminal investigation into the matter to ensure justice and accountability against those responsible.