ipid Department tnaependem Fame Investtgauve Dtreclolate REPUBLIC OF somH AFRICA Frwata mt t'dNactbaS'nct ClyFormEu'mr'q P'ztanz 'Et wt :99 was Fax 126 owe MEMORANDUM FROM MR AMAR MAHARAJ ETHICS MANAGER DATE 30 SEPTEMBER 2016 SUBJECT FORMAL ACCEPTANCE OF DISCLOSURE OF--AS A PROTECTED tN TERMS OF THE PROTECTED DISCLOSURES ACT 26 OF 2000. 1 Further to reports made to the Office on September 2016 and a sworn recetvcd err 15 September 2016 from - please note that have accepted protected rr terms at the Protected Act 26 0t 2000 2 -- reports to my ortee or Septemne zeta re'atmg tr; hundreds 01 cases ctosen wtlhaut proper tnvesttgattm bythe KZN office-enema the to me as Manager at the tF'tD a) More trar 900 cases we'ectosed because we are erastng stats b'r Spectat etosures are onty tn occurwhere were t5 2 duphcate 'tte c) The--gave tor murder torture ard asset cases tn as asert "We do shun cuts afld cases are d'r ttett very had We are tarmg tt'e Commumtv Ever/are tS so trustrated We are mastng stats et 'Th. wants us to racus an cases There are rm Wm cases cases at WUUCL and torture l) Ttt--closed a case relattng to death as a result 0! pultce actroh whereth he rs the l/O, as a spectal closure case ts 9] "From Apnl 2015' th_cnmmenced the speclal ctpsure process -catted tt or has es-wanted to start the yearon a clean slate hl Flles were closed the tnvesttgalton hetng completed Other people not know" l) 'The--commenced work tn_was clostng pn-tehte I does not even read was llyou really read the file you know that you cannet close tt 1] The ts to pull ltles" 3 oh the or t5 September 2m at tecetved a sworn andavrt trom- have atachcd herem as Anncxure A and was rprwarded to you the ematl have attached the emart sent '0 yeu as Annexdre a 4 The sworn attrdeyrt a grave rmpropnety and relates to untawtut and conduct by members or senrpt management at the The untawtut and ltregularconduct relates to' tnter eta a cuntrayentton ol the Sectton28 and reveals spectatctosure pl casescumpleteflorc'oseththout prpper rnveslrgattons herng undertaken or rrnattzed 5 As We Manager althe lPlD' have accepted the as a prolected tn terms at the Protected Act 26 at 2000 rhe report and sworn antdavrt ul_show the following y'llt'rt regard tn the cendupt at the employer~ That a criminal aftence has being committed ts being committed or has been committed That a person has lailed, is tailing, or is likely to iail to comply with any legal abttgatton to which that person is semen; That a mtscarrtage oljusttee has occurred is occurring or is Ilkely to occur 6 ln accordance the Pollcy and my officlal duttes and as Managerr have handed over reports and documents to the Olfioe or the Publtc Protector and recommended that an investtgattortlexternal enqutry commence as lt ts evtdont to me that the mattercannot he lnyesttgated oblectt'vely lntemally lncluded tn my report to the Publtc Protector lS a lt'st creases closed as 'speclal closure' which show that the tmproprtety ts still 7 As per my own evaluatt'onr tt lS apparent that cases closed under 'spectal closure tnclude cases to a) Death as a result or pollce actton t7) clan offictal firearm c) Corruption matters the police d) Torture and assault 8] Death In Poltce custody and f) Rape by a poltce officer 8 I have attached herein as Annexure C, Memo sent to _oh 15 September 2016, wherein tormally accepted his disclosure as a protected disclosure In terms oi the Protected Act 26 at 2000 9 lurlher informed--that In terms of terms oi Section Sol the Protected Disclosures Act, 26 ct 2000, 'No employee may be subjected to any occupational detriment by his or her employer on account, or partly on account, at having made a protected disclosure. Occupational detrlment', in relation to the environment or an employee means -- belng subrecied to actlon, being suspended, demoted, harassed or Intimidated, being transrerred agalnst ms or being rerused transrer or promotion, belhg subjected to a term or condition of employment or retirement ls altered or kept altered to his or her msadvantage, (n being rerused a reterence. or being provmed with an adverse reierence rrom ms or her employer. being denied appomtment to any empidymeni, prolessron or Office, using threatened with any dune actions rererred to ln paragraphs to (9) above, or (n being otherwrse adversely attested respect or me or her employment, proressron or others lncludmg employment apponumues and work security 10 Consistent with Sectron 3 oi the Protected Disclosures Act, 26 1 Will be writing to all the rn|ernal parties concerned to iniorm them that is not to be subjected to any occupational detriment, on account or partly on account 0! having made a protected disclosure to the Ethics Office, All officials concerned and Implicated in this matter are to act in accordance the provrsrons oi the Prolected Disclosures Act and in accordance With the Whistlerblowrng policy NAME: MR AMAR RAE MAHARAJ ETHICS MANAGER DAYE: SEPTEMBER 20"? --5TATE UNDER OATH IN ENGLISH, lam--employed at the independent Police investigative Directorate with Persal No_ and holding a rank ofthe -- with to state as follows. There is an irregularities activity that is going in the KZN office where stats is being manipulated at the expense of the pot" community. Members ln KZN office are being pushed by the management to bring eases tor completion or closure without investigation being iinaiised. On several meetings where sometimes on the--always emphasise that members should concentrate on the quick wins when investigating cases so that more cases to be finalised. Most of the cases KZN office are being completed or closed Without investigation being finsilsed during financial year 2015/2016 and 2016/2017. Members were instructed to bring files for completion as decision ready even technical reports are still outstanding so that stats will look good As a result over 900 cases were completed and closed under special closure or winch the majority or those cases were not supposed to be completed or closed. .are the ones who are the culprits and approved completion and closure on those case< and push members to do shon cuts when conducting investigation Amongst nther cases that were completed irregular is cm--whith belongs-- out according to flow centric. isthe one who approved-case tor campietian which is in contravention with SOPS. investigation must be conducted in a" completed and closed cases that were approved by the during the financial year 2015/2016 and 2016/2017, The manipulation of stats is a serious offence which amount to defeating the ends ofiustirt! that needs to be investigated while the community is suffering out there This is very sensitive information and Disclosure Protective Act should appiy. I know and understand the content of the above statement. I have no objection to taking the prescribed oath, lconsider the Deponent's Sig I certify that the deponent has acknowledged that he knows and understand the content ofthe above statement Deionent's signature was placed in my me COMMISSIONER OF OATH NAME AND SURNAME ADDRESS a Deuanment lndependem F'olu Directorate REPUBUC OF SOUTH AFRICA Pmataeagxsal Vletcna amt 'u Mamba Sheel CW Forum Bum P'Elola Yel Fax lDlZiJZfimcfl EMO RAN UM F0 1 -- rRoT MR AMAR MAHARAJ ETHICS MANAGER DATE, . ls SEPTEMBER 2016 FORMAL ACCEPTANCE or YOUR DISCLOSURE AS A PROTECTED i TERMS OF THE PROTECTED DISCLOSURES ACT, 26 OF 2000, jea-- urth rto your repons made to the Ethics Office yesterday and your sworn affidaVlt recelved please ate at have accepted your as a protected in terms ol the Protected Disclosures Act 26 t20b0 ourjreporls to rny office are the as dellned wetilln the Protected isdPsures Act 26 and show the lollowtng tn telatlon to Ihe conduct oi the emnloyer (it) That a crimlnal offence has been commilted' is being committed or has been committed. That a person has failed, is tailing or is likely lo fail to comply any legal obligation to that person is subject; That a miscarriage ofjuslice has occurred is occurring or is likely to occur. rl let'lms oi Sectlon 3 ol the Protected Disclosures Act 26 oi 2000, 'No employee may be subjected to any cc national detriment by his or her employer on account, or partly on account, of havtng made a ro ted disclosure. Ocet'tpattanal in relatlon to the envrronrnerlt or an employee means - belng suspended demoled' harassed or belrlg trensrerred against ms or her ml: cal bemg relused transfer or promallon [tel belng sublected to a term or otemplayment ar rettrement is altered or kept altered to or net disadvantage belrlg rerusea a reverence or Demg ptDl/lded with an adverse reterence lrorn ms or her belng subtected to dlSCIpllnary actlort 'l (5 being denied appointment to any employment, profession or of?ce; being threatened with any of the actions referred to in paragraphs to (9) above, or being otherwise adversely affected in respect of his or her employment, profession or office, including employment opportunities and work security, Dueiito the gravity of the imprOpriety. and in accordance with the IPID Whistle-blowing policy. I will *eco' mending that this matter be the subject of an external enquiry at the Of?ce of the Public Protector and be led to the South African Police for criminal investigation. 8 mt - i AMAR RABEE AHARAJ MANAGER 15 SEPTEMBER 2015