IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO. 21521I20 In the matter between: KHOSA, MPHEPHU First Applicant MONTSHA, NOMSA Second Applicant MUVHANGO, THABISO Third Applicant and MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent SECRETARY FOR DEFENCE Second Respondent CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent MINISTER OF POLICE Fourth Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT Sixth Respondent CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT Seventh Respondent OFFICE OF THE MILITARY OMBUD Eighth Respondent INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent INDEX VOLUME 1 ITEM DESCRIPTION PAGE 1 Notice of Motion 1 - 13 2 Founding Affidavit Nomsa Montsha 14 - 69 3 Annexure Risk?adjusted strategy for economic activity 70 - 96 4 Annexure Confirmatory affidavit: Mphephu Khosa 97 - 98 5 Annexure Confirmatory affidavit: Thabiso Muvhango 99 - 101 6 Annexure Confirmatory affidavit: Ivonny Muvhango 102 - 104 7 Annexure Confirmatory affidavit: Tebogo Mothabela 105 - 108 8 Annexure Confirmatory affidavit: Glenda Phaladi 109 - 113 9 Annexure Confirmatory affidavit: Noel Bongela 114 - 117 10 Annexure Notice of Death 118 11 Annexure Letter of demand from Ian Levitt Attorneys 119 - 124 14 April 2020 12 Annexure Letter from State Attorney 16 April 2020 125 - 126 13 Annexure Letter from the President to the Co? 127 Chairperson of the Joint Standing Committee on Defence 21 April 2020 14 Annexure Annual performance plan 2019/2020 128 - 171 15 Notice to Oppose 1St to 5th Respondents 172 - 175 16 Notice to Oppose 6th Respondent 176 - 182 17 Notice to Oppose 7th Respondent 183 - 189 18 Notice to Abide - 8th and 9th Respondent 190 - 193 19 Notice of Set Down 194 - 200 DATED AT JOHANNESBURG ON THIS THE DAY OF APRIL 2020 TO: AND TO: IAN LEVITT ATTORNEYS Attorneys for Applicants 19th Floor, Sandton City Office Towers Rivonia and 5th Street Johannesburg Po Box 783244 Sandton, 2146 Tel: 011 784 3310 Cell: 083 959 4610 E?mail: wikus@ianlevitt.co.za REF: STEYLIMAT3055 THE REGISTRAR ABOVE HONOURABLE COURT MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 3091697 E-mail: TiPillav?iusticeqovza ANDTO: AND TO: Ltshivi1ase@iustioe.oov.za REF: TSHIVHASEIZ73 SECRETARY FOR DEFENCE Second Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 3091697 E-mail: Lufuno.Funie18@qmail.com REF: TSHIVHASEIZT3 CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E-mail: Ltshivhase@iustice.dov.za Lufuno.Funie18@qmail.com REF: TSHIVHASEIZT3 AND TO: MINISTER OF POLICE Fourth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 3091697 E-mail: TiPiIIav@iustice.qov.za Ltshivhase@iustice.qov.za Lufuno.Funie18@qmail.com REF: TSHIVHASEIZ73 AND TO: NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E-mail: TiPillav@iustice.qov.za Ltshivhase@iustioeqovza AND TO: AND TO: Lufuno.Funie18@qmail.com REF: TSHIVHASEIZ73 MADLANGA PARTNERS INC. ATTORNEYS Attorneys for the Sixth Respondent The Hyde Park Offices 1St Floor, Block A Strouthos Place, Hyde Park Johannesburg Tel: 011 447 0345/3720 E-mail: qugulethLl@mpiattorneys.co.za sinazosmadIanga@gmail.com MAJANG INC ATTORNEYS Attorneys for Seventh Respondent 9 Felstead Avenue Fancourt Office Park, Building 12 Northriding Johannesburg Tel: 011 704 0348/2649 Cell: 071 648 6858 061 409 2779 E-mail: maianq?gmajanqinccoza maqoshi@maianqinccoza AND TO: AND TO: REF: OFFICE OF THE MILITARY OMBUD Eighth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E-mail: Ltshivhase@iustioe.qov.za LthunoFunie18@qmail.com REF: TSHIVHASEIZ73 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E-mail: Ltshivhase@iustice.qov.za LufunoFuniet 8@qmail.com REF: TSHIVHASEIZ73 AND TO: MINISTER OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 3091697 E-mail': TiPiIIav@iustice.gov.za Ltshivhase??}iusticeqomza REF: TSHIVHASEIZ73 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA In the matter between: KHOSA, MPHEPHU MONTSHA, NOMSA MUVHANGO, THABISO and MINISTER OF DEFENCE AND MILITARY VETERANS SECRETARY FOR DEFENCE CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE MINISTER OF POLICE NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT OFFICE OF THE MILITARY OMBUD INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS CASE NO. 21521I20 First Applicant Second Applicant Third Applicant First Respondent Second Respondent Third Respondent Fourth Respondent Fifth Respondent Sixth Respondent Seventh Respondent Eighth Respondent Ninth Respondent Tenth Respondent NOTICE OF URGENT APPLICATION UNDER RULE 6(12) TAKE NOTICE THAT the applicants intend to make application to the above Honourable Court on TUESDAY, 28 APRIL 2020 at 10h00 or so soon thereafter as counsel may be heard, for an order in the following terms (as reflected in the draft order annexed marked 1. This application is heard as one of urgency in terms of Rule 6(12), the ordinary requirements of the Rules in respect of notice, service and time periods being dispensed with, and the applicants? departure therefrom being condoned. 2. It is declared that, during and notwithstanding the declaration of the State of Disaster and the Lockdown under the Disaster Management Act 57 of 2002: 2.1. all persons present within the territory of the Republic of South Africa are entitled to (among others) the following rights, which are non-derogable even during states of emergency: 2.1.1. the right to human dignity (section 10 of the Constitution); 2.1.2. the right to life (section 11 of the Constitution); 2.1.3. the right not to_ be tortured in any way (section 12(1)(d) of the Constitution); 2.1.4. the right not to be treated or punished in a cruel, inhuman or degrading way (section 12(1)(e) of the Constitution); 2.2. under section 199(5) of the Constitution, the South African security services, which include the South African National Defence Force the South African Police Service and any Metropolitan Police Department must act, and must instruct their 2.3. 2.4. 2.5. 3. 3.1. members to act, in accordance with the Constitution and the law, including customary international law and international agreements binding on the Republic; as organs of state, the first to eighth respondents, the SANDF, the SAPS and any MPD are obliged, under section 7(2) of the Constitution, to respect, protect, promote and fulfil the rights in the Bill of Rights, including those enumerated above; members of the SANDF, the SAPS and any MPD remain bound by section 13(3)(b) of the South African Police Service Act 68 of 1995 (read with section 20(1)(a) of the Defence Act 42 of 2002), to use only the minimum force that is reasonable to perform an official duty; members of the SANDF, the SAPS and any MPD, as well as their commanders or superiors, including each of the first to eighth respondents, are bound by the provisions of the Prevention and Combating of Torture of Persons Act 13 of 201 3, and the United Nations Convention against Torture and Other Cruel, lnhuman or Degrading Treatment or Punishment, 1984. Pending the outcome of any investigation and/or disciplinary procedures, the ?_rs_t to seventh respondents, within their respective areas of authority, shall: within one hour, and until at least the conclusion of the State of Disaster, render off duty and disarm all members of the SANDF, SAPS and JMPD who were present at or adjacent to 3885 Moeketsi Street, Far East Bank, Alexandra, Johannesburg, between 17h00 and 18h00 on 10 April 2020; 3.2. 3.3. 3.4. 4. 4.1. 4.2. 4.2.1. within three hours, command all members of the SANDF, SAPS and any MPD to adhere to the absolute prohibition on torture and cruel, inhuman or degrading treatment or punishment, and to apply only the minimum force that is reasonable to enforce the law; within three hours, warn all members of the SANDF, the SAPS and any MPD, as well as their entire chains of command, that any failure to report, repress and prevent acts of torture or cruel, inhuman or degrading treatment or punishment shall expose them each individually to criminal, civil and/or disciplinary sanctions; within twentwfour hours, lodge affidavits with this Court confirming that the above has been done. The first and fourth respondents shall, before 1 Mav 2020: develop and publish a code of conduct and operational procedures, regulating the conduct of members of the SANDF, SAPS and MPDs in giving effect to the declaration of the State of Disaster. widely publish the following, in newspapers of national and provincial circulation; electronic platforms available to the government such as WhatsApp, Facebook and Twitter, and national and provincial radio stations: guidelines about the circumstances when the use of force may be used in strict compliance with section 49 of the Criminal Procedure Act 51 of 1977; 4.3. 5.1. 5.2. 5.3. 4.2.2. 4.2.3. 4.2.4. 4.2.5. guidelines about the enforcement of the Lockdown Regulations and any other Regulations issued during the State of Disaster; guidelines about enforcing social distancing and the restriction of movement and other activities, at each of the different Stages of Alert during the State of Disaster; guidelines about when a person may be arrested and alternative means of securing their attendance at trial; information regarding where members of the public may lodge complaints against members of the SANDF, the SAPS and other any enforcement agency/officer. lodge affidavits with this Court confirming that the above has been done. The first to seventh respondents shall, within three days: establish a freely accessible mechanism for civilians to report allegations of torture or cruel, inhuman or degrading treatment or punishment, committed by members of the SANDF, the SAPS or any MPD for the duration of State of Disaster; widely publicise such mechanism throughout South Africa via television, radio and digital media in all eleven official languages; appoint and adequately provide resources to a team of at least twenty appropriately qualified persons, who may be seconded from the Independent Police Investigative Directorate and the Office of the Military Ombud, to: 5.3.1. 5.3.2. 5.4. 6. 6.1. 6.2. 6.2.1. 6.2.2. review all reports made via such mechanism, and recommend appropriate action to the relevant respondents, which may include that any members credibly implicated in committing or condoning acts of torture or cruel, inhuman or degrading treatment or punishment should be rendered off duty and disarmed until the conclusion of the State of Disaster; refer all credible reports to the investigative team described in paragraph 7 below; lodge affidavits with this Court confirming that the above has been done. The first and fourth respondents shall, within ?ve davs: institute a special investigation, led by a retired judge, into acts of torture or cruel, inhuman or degrading treatment or punishment, allegedly committed by members of the SANDF, the SAPS or any MPD for the duration of the State of Disaster; instruct the investigative team to include in their investigation at least the following incidents: the treatment of Mr Collins Khosa on 10 April 2020; the treatment of any other person whose rights may have been infringed during the State of Disaster at the hands of members of the SANDF, the SAPS and/or any MPD. 6.3. instruct the investigative team to produce interim reports every five court days, and a final report within thirty court days of the conclusion of the State of Disaster; 6.4. immediately lodge each such report with this Court. 7. The first to seventh respondents, should they oppose this application, shall, jointly and severally, bear the costs of this application, including the costs of two counseL TAKE NOTICE FURTHER that the accompanying affidavits of NOMSA MONTSHA will be used in support of this application. TAKE NOTICE FURTHER that the applicants have appointed IAN LEVITT ATTORNEYS as their attorneys of record in this matter, and will accept notice and service of all documents in these proceedings at the addresses (including the email address) set out below. TAKE NOTICE that, if you intend opposing this application: you must, by 20h00 on Sunday, 26 April 2020, deliver notice of such intention, as well as your answering affidavit(s); the applicants shall then, by 15h00 on Monday, 27 April 2020, deliver their replying affidavit. DATED AT JOHANNESBURG ON THIS THE 25th DAY OF APVDZO .- /i TO: AND TO: IAN LEVITT ATTORNEYS Attorneys for Applicants 19th Floor, Sandton City Office Towers Rivonia and 5th Street Johannesburg Po Box 783244 Sandton, 2146 Tel: 011 784 3310 Cell: 083 959 4610 E?mail: wikus@ianlevitt.co.za REF: STEYLIMAT3055 THE REGISTRAR ABOVE HONOURABLE COURT MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012309 1697 E-mail: TiPilIav@iustice.qov.za Ltshivhase?iustice.gov.za Lufuno.Funie18@gmail.com REF: TSHIVHASEIZ73 ANDTO: AND TO: SECRETARY FOR DEFENCE Second Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 3091697 E-mail: TiPillav@iustice.oov.za Ltshivhaser?dliustice.qovza REF: TSHIVHASEIZ73 CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E-mail: TiPillav@iustice.qov.za Ltshivhase@iustice.qov.za Lufuno.Funie18@gmail.oom REF: TSHIVHASEIZ73 AND TO: AND TO: MINISTER OF POLICE Fourth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 3091697 E-mail: TiPilIav@iustice.oov.za Ltshivhase@iustice.qov.za Lufuno.Funie18@qmailroom REF: TSHIVHASEIZ73 NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 3091697 E-mail: TiF?illav?dliustioeqovza Ltshivhase?justiceqovza Lufuno.Funie18@qmail.com REF: TSHIVHASEIZ73 10 IO AND TO: AND TO: AND TO: MADLANGA PARTNERS INC. ATTORNEYS Attorneys for the Sixth Respondent The Hyde Park Offices 1St Floor, Block A Strouthos Place, Hyde Park Johannesburg Tel: 011 447 0345/3720 E-mail: qugulethu@mpiattorneys.co.za sinazosmadIanga@gmail.com MAJANG INC ATTORNEYS Attorneys for Seventh Respondent 9 Felstead Avenue Fancourt Office Park, Building 12 Northriding Johannesburg Tel: 011 704 0348/2649 Cell: 071 648 6858 061 409 2779 E-mail: maianq@majanqinc.co.za REF: OFFICE OF THE MILITARY OMBUD 11 AND TO: AND TO: Eighth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E?mail: TiPillav@iustice.qov.za Ltshivhase??ustioegovza Lufuno.Funie18@dmail.com REF: TSHIVHASEIZ73 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 3091697 E-mail: TiPillal?liusticeoov?za Ltshivhase@iustioe.qov.za REF: TSHIVHASEIZT3 MINISTER OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent 12 ID. Clo STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 3091697 E-mail: TiPiIJav@1ustice.qov.za Ltshivhase?iusticegovza Lufun0.Funie18@gmail.com REF: TSHIVHASEIZ73 13 '3 Wikus Steyl From: Wikus Steyl Sent: Saturday, 25 April 2020 15:28 To: nadiaolyn@gmail.com Cc: TiPillay@justice.gov.za; Tshivhase Lufuno; Lufuno.Funie18@gmail.com; sinazosmadlanga@gmail.com; gugulethu@mpiattorneys.co.za; Tsietsi Majang; magoshi@majanginc.co.za Subject: RE: KHOSA 8L 2 OTHERS MINISTER OF DEFENCE AND MILITARY VETERANS AND 10 OTHERS Attachments: Khosa 2 others Minister of Defence and Military Veterans and 9 others - 21521?20.pdf Importance: High Dear All, I refer to my e?mail below. I attach hereto my clients? Notice of Motion, Founding Affidavit and Annexures served electronically. Same has been issued in the Pretoria High Court under case number 21521/20. Your urgent attention and response is required. WIKUS STEYL ATTORNEY ATTORNEYS IAN ATTORNEYS 19TH FLOOR SANDTON OFFICE TOWERS CITY CNR RIVONIA 5TH STREET SANDTON 2146 DX 54 SAN DTON SQUARE TEL: 011 784 3310 011 784 3309 Cell 083 959 4610 Wikus Steyl From: Sent To: Cc: Subject: Attachments: Importance: Dear Hazel, Wikus Steyl Sunday, 26 April 2020 12:45 hazelm@cogta.gov.za LufunO.Funie18@gmail.com; Tshivhase Lufuno KHOSA 81 2 OTHERS MINISTER OF DEFENCE AND MILITARY VETERANS AND 10 OTHERS RE: KHOSA 81 2 OTHERS MINISTER OF DEFENCE AND MILITARY VETERANS AND 10 RE: KHOSA 8L 2 OTHERS MINISTER OF DEFENCE AND MILITARY VETERANS AND 10 OTHERS High The above-mentioned matter and your e?mail of 24 April 2020 refers. I attach hereto our urgent High Court application which was issued and served on all parties yesterday. I have now been informed by the State Attorney that she has not yet received instructions from the Minister. WIKUS STEYL ATTORNEY IAN ATTORNEYS 19TH FLOOR SANDTON OFFICE TOWERS SANDTON CITY RIVONIA 5TH STREET SANDTON 2146 DX 54 SANDTON SQUARE TEL: 011 784 3310 FAX 011 734 3309 Cell 083 959 4610 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE N0. 2; at? In the matter between: KHOSA, MPHEPHU First Applicant MONTSHA, NOMSA Second Applicant MUVHANGO, THABISO Third Applicant and MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent SECRETARY FOR DEFENCE Second Respondent CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent MINISTER OF POLICE Fourth Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT Sixth Respondent CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT Seventh Respondent OFFICE OF THE MILITARY OMBUD Eighth Respondent INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent FOUNDING AFFIDAVIT TABLE OF CONTENTS 80L 5* rf It. WHAT THE APPLICATION IS ABOUT . 3 WHY THE APPLICATION IS BROUGHT 5 PARTIES 10 Applicants 1O Respondents - 1 1 FACTS 14 The Lockdown 14 The torture and murder of Mr Collins Khosa 15 Other reported incidents 19 Commanding of?cers' response 22 Prelude to this application . 26 STANDING 28 CONSTITUTIONAL AND LEGAL FRAMEWORK . 28 The Constitution . 2 8 International law and the prohibition on torture 30 (0) Domestic law and the limits on the use of force 35 REQUIREMENTS FOR A FINAL INTERDICT 37 A clear right 38 An injury actually committed or reasonably apprehended 39 The lack of an adequate alternative remedy 42 URGENCY 49 The imminent reinforcements and curfew - 52 The truncated timelines 53 CONCLUSION 55 SOL 15? I, the undersigned, NOMSA MONTSHA do hereby make oath and state that: 1. I am a 30 year old adult female, employed by Accelerate Service as a cleaner, and residing at 3885, Moeketsi Street, Far East Bank, Alexandra, Johannesburg. 2. The facts contained in this affidavit are within my personal knowledge, save where othenrvise stated or where the converse appears from the context, and are, to the best of my belief, both true and correct. 3. Where facts are beyond my direct knowledge, I make reference to the relevant confirmatory affidavits. 4. Where I make legal submissions, I do so based on the advice of the applicants? legal representatives, which advice I accept to be correct. WHAT THE APPLICATION IS ABOUT 5. This case is about civilians being murdered, tortured and subjected to other cruel, inhuman and degrading treatment, during the nationwide Lockdown, which was instituted under the Disaster Management Act 57 of 2002, with effect from 23h59 on 26 March 2020, and which is still underway ("the Lockdown?). 6. The above brutality (?Lockdown brutality?) has been and is being committed, across the country, by members of the South African National Defence Force the South African Police Service and Metropolitan Police Departments (collectively, "security forces?), who have been tasked 3 50L S. 8.1. 8.2. 8.2.1. 8.2.2. to enforce the Lockdown and the State of Disaster declared by the Minister of Cooperative Governance and Traditional Affairs in terms of section 27 of the Disaster Management Act 57 of 2002 (?State of Disaster?). The applicants have lost a loved one to this Lockdown brutality and, considering the numerous public reports of other incidents of Lockdown brutality, including at least eight other deaths, the applicants anticipate that more civilians will suffer the same fate, if nothing is done to curb this unbridled brutality by members of the security forces. The aim of this application is, urgently, to obtain an order: declaring that we as civilians are still entitled to have ourfundamental rights respected and protected by the security forces during the Lockdown and the State of Disaster; and compelling the officials in command of the security forces to do only what is necessary, reasonable and proportional to repress and prevent the prevailing Lockdown brutality, by: immediately disarming and renderinq_off duty those members of the security forces who were present during the torture and murder of our loved one, Mr Collins Khosa; commanding the security forces to adhere to the prohibition on torture during the Lockdown and State of Disaster, and warning them of the consequences of their failure to do so; 80L 5' l? 8.2.3. 8.2.4. 8.2.5. 8.2.6. developing a code of conduct and operational procedures. as required pLsection 19(1)(c) of the Defence Act 42 of 2002, for the security forces to observe during the State of Disaster; developing guidelines informing the public of what the security forces may legitimately do to enforce the Lockdown and State of Disaster. establishing an effective compiaints mechanism which can enable the relevant commanders to do take swift and apprOpriate steps in respect of security forces members involved in other incidents of Lockdown brutality; and instituting a prompt and impartial investigation into reported cases of Lockdown brutality, to help keep the security forces in check while the Lockdown and State of Disaster is still underway. WHY THE APPLICATION IS BROUGHT 10. As noted above, the purpose of this application is to enforce compliance with the Bill of Rights. There are extraordinary circumstances that justify an urgent hearing in this Court. In the first instance, following the address of the President to the nation on Thursday, 23 April 2020, on his Cabinet's plan to reinstate economic activity into the country, there is no clear indication when the Lockdown may end. Instead, the President announced a "phased? easing of the Lockdown, but restrictions on gatherings and movement of people will remain in place indefinitely. nf 11. 12. 13. 14. 14.1. Moreover, the President has notified Parliament that, in addition to the 2,820 SANDF members already deployed to enforce the Lockdown and State of Disaster, an additional 13180 more will be deploved from this Fridav. 1 Ma_v 2020. It is also necessary to recall that although the Lockdown is expected to last until 30 April, the State of Disaster continues for three months after it was declared. The President's report to Parliament (attached as I) states that the SANDF will be deploved to assist SAPS until 26 June 2020. It remains, therefore necessary for this Court to hear and determine the application because the SANDF and the SAPS shall remain deployed until 26 June 2020. Their conduct must be regulated by the Constitution, unlike what has happened until now where some of the soldiers have conducted themselves as if they are above the Constitution. In circumstances of so much uncertainty in the country, it is of utmost importance that the Bill of Rights should be the guiding light on how that the State deals with citizens. Our attorneys addressed a substantial letter of demand to the Government, seeking various undertakings. Of particular relevance to this application were the following specific demands: Section 19 of the Defence Act, 2002 provides for the employment of the SANDF in co-operation with the SAPS. Section 19(3)(c) states that this must occur in accordance with a Code of Conduct and operational procedures approved by the Minister of Defence. The letter from our SOL S- "l attorneys specifically requested copies of the Code of Conduct and the operational procedures. This was not responded to at all. 14.2. The letter of demand also asked for an account of steps that will be taken at least until the end of the present Lockdown to ensure that there is no abuse of power by members of the security forces. There has been no response to this request. 15. Instead, the letter of response on behalf of the Minister of Defence simply states that the matter is under investigation. There are significant concerns with this reply: 15.1. No specific details are provided about the nature and scope of the investigation, the time it will take to finalise it, and the independence of the persons conducting the said investigation. 15.2. Particularly, given the lack of jurisdiction by the Independent Police Investigation Directorate to investigate members of the SANDF, and equally the lack ofjurisdiction of the Military Ombud to investigate the SAPS, no indication is given as to how this will be handled. 15.3. it is necessary to highlight that has itself publicly stated that its investigations are hampered by counter?investigations by the (ii) infiltration by political meddling; and (iv) lack of resources. has also publicly stated that because of these factors its investigations may lack the necessary operational and institutional independence. 15.4. Thus there is a real, bona ?de and genuine fear that no credible investigation is in fact taking place. If there is an investigation taking place, SOL 90 16. 17. 18. there are real concerns about its transparency, independence, speed and effectiveness. It is therefore crucial that an order is given by this Court for a proper, constitutionally compliant and credible investigation to take place, overseen, not by the Defence Minister, who is an implicated party, but by the courts. For avoidance of doubt, we support the aims of the Lockdown. We believe, however, that the conduct of the members of the security forces in this instance undermine the goals of the Lockdown, by undermining public confidence and trust in the security forces and the government as a whole, at a time when such confidence and trust is desperately needed. An order such as that set out in the Notice of Motion will not undermine vindicate the goals of the national Lockdown. What underlies the extraordinary nature of this application is that since 1994 the country has never witnessed such restrictions to the Bill of Rights which we have no difficulty with, in principle. The Constitution does contemplate the suspension of rights in certain circumstances, including under a State of Emergency. But certain fundamental rights cannot be curtailed. The right to life cannot be taken away in a State of Emergency. The right to dignity as well as the rights against torture cannot be taken away in a State of Emergency. We do not contend that the Government should have declared a State of Emergency. We simply illustrate that the most drastic constitutionally allowed invasion of rights is usually in a State of Emergency, and even then it does not extend to the abused currently being inflicted by the security forces. SOL 3 19. 20. 21. 21.1. 21.2. 21.3. The nature of the enforcement in Stage 4 is important to highlight to illustrate the magnitude of the problem. The government has issued a "summary of alert levels?, which is attached hereto marked It states in relation to Stage 4: 19.1 People are required to stay at home except to go to work, necessary shopping, or seek medical care. There will be no inter-provincial transport or movement, except to return home. 19.2 Most disturbingly it provides that there will be a ?curfew in place between i?gm and 5am?. There is no allowance in relation to the curfew for people to move for work, shopping or medical care. It is apparent that there will be blunt enforcement of the curfew. 19.3 Gatherings: ?All public gatherings are prohibited?. If the government is planning a curfew, it cannot do so without clearly communicating this to the public, setting out the terms of the behaviour of the government police or soldiers, and explaining what the exceptions would be in case a person is at work during the period of the curfew. We will begin by identifying the parties and setting out the facts. thereafter this affidavit will address the following: the applicants? standing (locus standi) to seek the above relief; the constitutional and legal framework governing the rights of civilians and the duties of members of the security forces and their commanding officers; the legal requirements for a final interdict; and SDL 91 21.4. grounds for urgency. PARTIES Applicants 22the second applicant. I was the life partner of the late Mr COLLINS KHOSA, who died on Friday, 10 April 2020, after being tortured by members of the SANDF accompanied by members of the Johannesburg Metropolitan Police Department The late Mr Khosa was a 40 year old adult male, employed at Chipkins Bakery. He was the father to three minor children; Wiseman (13 years); Loveness (12 years) and Gift (10 years). Until his death, we had been living together as a family for over two years, at 3885 Moeketsi Street, Far East Bank, Alexandra, Johannesburg ("our home"). was also a victim of brutality by members of the SANDF on the same occasion, as described in more detail below. The first applicant is Ms MPHEPHU KHOSA, a 68 year old pensioner, residing in Tzaneen, Limpopo. She is the biological mother of the late Mr Khosa, and is now the custodian of his three minor children. The third applicant is Mr THABISO MUVHANGO, a 33 year old adult male, employed at Dischem DC as an Inbound Supervisor. He lives at our home with his wife pregnant wife, lvonny Muvhango (the late Mr Khosa?s sister), and their two minor children. He too was a victim of brutality at the hands of members of SANDF, as shall be described in detail below. 10 QOL 3 33 27. I am authorised to depose to this affidavit on behalf of the other two applicants in this matter, as appears from the confirmatory affidavits attached hereto as annexures and C. Respondents 28. 29. 30. 31. The first respondent is the MINISTER OF DEFENCE AND MILITARY VETERANS (?Defence Minister?), currently Ms Nosiviwe Mapisa-Nqakula MP. The Defence Minister is the Cabinet member responsible for the SANDF in terms of section 201(1) of the Constitution of the Republic of South Africa, 1996 (?the Constitution?). The second respondent is the SECRETARY FOR DEFENCE, currently Dr Sam Makhudu Gulube, appointed in terms of section 7 of the Defence Act 42 of 2002 (?Defence Act"), and responsible inter alia for advising the Defence Minister on defence policy matters and for monitoring compliance with policies and directions issued to the Chief of the SANDF by the Defence Minister. The third respondent is the CHIEF OF THE SOUTH AFRICA NATIONAL DEFENCE FORCE, currently General Solly Zacharia Shoke, appointed in terms of section 13 of the Defence Act, and responsible inter alia for formulating and issuing military policy and doctrines, training SANDF members ?to act in accordance with the Constitution and the law, including customary international law and international agreements binding on the Republic". The fourth respondent is the MINISTER OF POLICE (?Police Minister"), currently Mr Bekokwakhe "Bheki" Hamilton Cele MP. The Police Minister is the 11 5' 32. 33. 34. 3?5 . Cabinet member responsible for the police service (the SAPS and MPDs) in terms of section 206(1) of the Constitution. The fifth respondent is the NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Commissioner?), currently Lieutenant General Khehla John Sitole. The SAPS Commissioner is appointed in terms of section 207 of the Constitution to exercise control over and manage the police service (the SAPS and MPDs). The first to fifth respondents? official address for the purpose of this application is SALU Building, 28th Floor, 316 Thabo Sehume Street (corner of Thabo Sehume and Francis Baard Streets), Pretoria. This application shall be served on these respondents care of the State Attorney, Pretoria at the following email address: and The sixth respondent is the CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT, currently Mr Sipho Dlepu (acting). The JMPD is a municipal police service established in terms of section 64A of the South African Police Service Act 68 of 1995 Act?), for the City of Johannesburg Metropolitan Municipality. The sixth respondent is in command of the members. The sixth respondent is represented by Madlanga and Partners Attorneys and this application will be served at the following e-mail addresses stnaggsmagl-a 9. The seventh respondent is the CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT, currently Mr Jabulani Isaac Mapiyeye. The Ekurhuleni Metropolitan Police Department is a municipal police service established in terms 12 50L i7? 25 36. 37. 38. 39. of section 64A of the SAPS Act, forthe Ekurhuleni Metropolitan Municipality. The eighth respondent is in command of its members. The seventh respondent is represented by Majang Incorporated Attorneys and this application will be served at the following e?mail addresses: and L028. The first to seventh respondents shall be referred to collectively as the ?commanding officers?. The eighth respondent is the OFFICE OF THE MILITARY OMBUD currently headed by Lieutenant General (Retired) Vusumuzi Masondo as the Military Ombud. The OMO is an office established by the Military Ombud Act 4 of 2012 to investigate complaints by members of the SANDF regarding their working conditions and complaints by members of the public about the ?official conduct? of the SANDF. We seek no relief against the Ombud, including a costs order. If anything, this application is intended to support the purpose of the OMO and ensure a proper investigation which will be credible and independent. The ninth respondent is the INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE The Acting Executive Director of IPID is Mr Patrick Setshedi. The IPID is an investigative body established by Independent Police Investigative Directorate Act 1 of 2011 mandated to investigate police misconduct and offences. No relief is sought against IPID. The applicants seek to ensure that any investigation is credible and independent. The tenth respondent is the MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS, currently Dr Nkosazana Diamini Zuma MP. The Minister is the Cabinet member responsible for the Disaster Management Act. 50L 13 si mi 40. We seek no relief against the Minister, but she has been cited for her potential interest in the matter as the Minister who declared the State of Disaster. The eighth to tenth respondents' official address for the purpose of this application is SALU Building, 28th Floor, 316 Thabo Sehume Street (corner of Thabo Sehume and Francis Baard Streets), Pretoria. This application shall be served on these respondents care of the State Attorney, Pretoria at the following email address: TiPilla a; FACTS The Lockdown 41. 42. 43. On 31 December 2019, a novel pneumonia of unknown cause was detected in Wuhan, China. This virus, now known as the Coronavirus, a highly communicable and infectious disease, was declared to be Public Health Emergency of International Concern on 30 January 2020 by the World Health Organisation. On 15 March 2020. the President of the Republic of South Africa, Matamela Cyril Ramaphosa, declared a state of national disaster and announced measures to combat the spread of On 25 March 2020, the Minister of Cooperative Governance and Traditional Affairs, acting in terms of section 3 of the Disaster Management Act 57 of 2002, issued regulations implementing measures where movement would be severely restricted through "a lockdown" (?Lockdown Regulations?). This was as result SOL s. 14 27 44. of concerns about the growing spread of infections in South Africa since the first notification of a positive case. The President announced that the SANDF would be deployed to assist the SAPS to enforce the Lockdown Regulations. The torture and murder of Mr Collins Khosa 45. 46. 47. 48. During the Lockdown, on Good Friday, 10 April 2020, at about 17h00, was at home with Mr Khosa, Mr Muvhango and his wife, Yvonny Muvhango, when two uniformed female members of the SANDF entered our home carrying sjamboks (whips). Before entering the house, the said members met with Mr Muvhango just outside the house but inside the yard. The two members ofthe SANDF asked him about an unattended camping chair and half-full cup of alcohol in the yard. Before he could answer, they ordered him inside the house and announced that they would confiscate any alcohol in the house. When the two SANDF members came inside, I had just finished dishing up dinner for Mr Khosa who was by then busy eating. Mr Muvhango?s pregnant wife was also inside the house with her two children. The two SANDF members accused Mr Khosa and Mr Muvhango of violating the Lockdown Regulations. They inquired about the camping chair and half?full cup of alcohol in the yard. Mr Khosa informed them that even if he had been drinking, that would not be an offence as it was inside his yard. The SANDF members did not take kindly to Mr Khosa's response and they were agitated by his response. 15 wt SH 9% 49. 50. 51. 52. 53. 53.1. It is at that point that the SANDF proceeded to raid the house. They confiscated one beer from Mr Muvhango?s fridge and then one beer from Mr Khosa's fridge. They ordered Mr Khosa and Mr Muvhango to follow them outside to the street as they wanted to ?prove a point? to them. On their way out, a member of the SAN DF damaged Mr Khosa?s car, which was parked inside the yard, by smashing the metal gate against. Mr. Khosa protested this act of vandalism. This further agitated the members of the SANDF. Ms lvonny Muvhango and I followed them outside. I asked the SANDF members why they took the alcohol outside the yard creating an impression that Mr Khosa and Mr Muvhango violated the regulations by drinking outside the yard. This question was also repeated by Mr. Muvhango and Mr Khosa. We did not receive any response. Mr Khosa and Mr Muvhango were made to stand outside the yard with the two beers on the ground, while members of the SANDF waited for back?up. Shortly, a number of vehicles arrived from both the SANDF and the JMPD, with armed personnel. At this stage, about three further SANDF members approached the scene and were ?briefed" about the incident by the two SAN DF members who had entered our home. Without making any enquiries of Mr Khosa or anybody else, these three SANDF members manhandled and assaulted Mr Khosa in the following manner: they poured beer on top of his head and on his body; 16 SOL 53.2. 53.3. 53.4. 53.5. 53.6. 54. 56. 57. 58. 59. one member of the SANDF held his hands behind his back, while the other choked him; they slammed him against the cement wall; they hit him with the butt of a machine gun; they kicked, slapped and punched him on his face, stomach and ribs; and they slammed him against the steel gate. During the entire incident, I kept shouting that they must stop hurting Mr Khosa as they were going to kill him. My plea was ignored. During this time, Mr Muvhango was also manhandled by a member ofthe SANDF and beer was also poured all over his body. While Mr Khosa was being brutalised, two female SANDF members approached me and Muvhango. Mr Muvhango shouted that these SANDF members should not touch his wife as she is pregnant. As they approached me, I ran inside the house and closed the door. The SANDF members came after me and kicked the door open. They ordered me to come outside, and one member started whipping me with a sjambok over my body and my face. I was in a state of shock as was being whipped. I could not defend myself from the SAN DF nor could I run away. ?1 4 The confirmatory affidavits of Muvhango are attached to this affidavit as The incident was witnessed by some members of the Alexandra community. In addition, part of the above incident was caught on cellphone video which was 17 S01. 3 30 60. 61. 62. circulated on the news and social media. Regrettably, some of the witnesses whom we consulted with, informed me that, while they recorded the incident on their cell phones, their phones were taken by the SANDF and the video recordings were deleted. These potential eyewitnesses were also threatened with violence by the SANDF and they have been afraid to assist us in the investigation of the matter. Mr Tebogo Mothabela is one of our neighbours who witnessed the assault on Mr Khosa, he attempted recording the incident with his phone however, he was instructed by the SANDF to stop recording. Thereafter. members of the SANDF approached him and took his phone and deleted the recordings. Mr. Mothabela?s confirmatory affidavit is attached as annexure Similarly, one of the community members, Ms Glenda Phaladi recorded the assault on Mr. Khosa on her cellphone, however, her phone was also confiscated by members of SANDF and they deleted the recording. Ms Phaladi?s confirmatory affidavit is attached as annexure In addition, Mr Noel Bongela lives in the same yard as us, he had spent his day with Mr Khosa before his death and also witnessed the assault on Mr Khosa later that day. Mr Bongela?s confirmatory affidavit is attached as annexure After the SANDF and JMPD members left, I took Mr Khosa inside our house. He later started vomiting, losing his speech and consciousness, and progressively, he lost his ability to walk. I rested him on the bed. I sat on the side of the bed trying to comfort him. However, about three hours after the SANDF members had left, while holding my hand, I noticed that he was not moving. I quickly called SDL ?8 s. 3i 63. 64. Mr Muvhango and his wife who then called Emergency Services. Upon their arrival, the Emergency Services declared Mr Khosa dead on arrival. Medical advice received suggested blunt force trauma to Mr Khosa?s head and torso, which could have severely damaged his internal organs, including his brain. Consistent with this advice, the death notice describes cause of death as a blunt force head injury. I attach a copy of the death notice as annexure The manner in which Mr Khosa was killed has left me, his children, his mother (the first applicant), his sister, and his brother-in-Iaw (the third applicant) in a state of absolute shock and trauma. We are emotionally obliterated and have lost complete faith in the security forces, and the SANDF in particular. Other reported incidents 65. 66. 66.1. I am aware of several other incidents of Lockdown brutality which have occurred throughout various parts of South Africa as reported in the media. As of 3 April 2020, eight people have died as a consequence of security force action during the Lockdown. This is an extraordinarily high number for such a short period of time in the context where the commander in chief of the SANDF, Mr Cyril Ramaphosa announced publicly that soldiers must respect the rights of civilians. I set out the reported incidents below. These are not exhaustive. Basically on day one of the Lockdown police brutality began. On 27 March 2020, a Khayelitsha man was reportedly beaten by a police officer with a sjambok; 19 60L 3A 66.2. 66.3. 66.4. 66.5. 66.6. 66.7. 66.8. 66.9. On 28 March 2020, a member of the SANDF was captured in a video slapping and kicking a member of the public for apparently drinking in public and not obeying the restriction on movement imposed on by the Lockdown; On 28 March 2020, members of the SANDF and SAPS reportedly used rubber bullets on hundreds of shoppers who had gathered outside Shoprite Supermarket in Yeoville, Johannesburg; On 30 March 2020, an EMPD officer was arrested for shooting and killing a Vosloorus man identi?ed as Sibusiso Amos and injuring four children between the ages of 4 and 11 who were caught in the crossfire; On 30 March 2020, just four days after the start of Lockdown, members of the SANDF and SAPS were captured in a video punishing Soweto residents by making them do squats, push?ups and rolling on the ground; On 30 March 2020, Petrus Miggels, from Ravensmead in Cape Town, died after being beaten with a hammer and taser by police; On 31 March 2020, was reported to be investigating three cases of murder against law enforcement officers (one in Gauteng and two in Western Cape); On 31 March 2020, police reported to have shot two nurses at the Bongani Regional Hospital in Welkom; On 31 March 2020, Hillbrow police-reportedly assaulted community members with sjamboks and shot at them with rubber bullets; 20 SOL SN 33 66.10. On 2 April 2020, members of the SANDF reportedly assaulted a man and his daughter in Eerste Rivier in Cape Town. They held the children at gunpoint and shoved a gun in the man's mouth. A neighbour was also beaten to the ground; 66.11. By 30 March, IPID had received 21 complaints specifically related to Lockdown police brutality. ln Gauteng, is investigating six cases of discharging a firearm, three cases of assault and one of corruption. In addition, is investigating two cases of assault in the Free State, one case of assault in Kwa-Zulu Natal, one case of assault in Mpumalanga, one case of corruption in Mpumalanga, one case of discharging a firearm in the Eastern Cape and one case of discharging a firearm in Mpumalanga. 66.12. A record of the above incidences have been collated and stored on the 67. 68. following dropbox link and shall be available for the Court to view at the hearing of this matter: If the commanding officers had responded and effectively to the incidents of Lockdown brutality described in the preceding paragraphs, which were widely reported on in the two weeks before 10 April 2020 for example, by developing a code of conduct, placing off duty the implicated members of the security forces, or by reminding the security forces of their legal obligations my life partner might still be alive, and his children might not be orphans. have already set out the circumstances of the death of my partner above. 21 50L SN 3k Commanding officers? response 69. 70. T1. The Minister of Police and the Minister of Defence have executive authority over the security forces. They have thus far failed to take effective steps to stop the illegal actions of the security forces. Their statements, as illustrated below, appear to defend and downplay, if not encourage, the use of force. Even after the death of Mr Khosa, the Minister of Defence stated that the public should not ?provoke? the soldiers. On the Wednesday preceding the start of the nationwide lockdown (25 March 2020), the Defence Minister while addressing the media on the role of the SANDF during the lockdown, stated that there would be no skop, skiet and donder of civilians by the SANDF unless necessary to do so. "it will only be shoe, skiet and dander when circumstances determine that. For now we?re a constituffenaf democrac? she said. These statements do not unconditionally condemn police and military brutality or promote the spirit and purport of the Bill of Rights and the Constitution in general. They imply that South Africa is a constitutional democracy only "for now? that is, conditional upon members of the public not ?provoking? security forces. In effect what the Defence Minister states is that there will be circumstances where force is ?deserved?. This is akin to allowing soldiers powers of punishment which they do not have. These powers are to be reserved for courts only. 35 72. 73. 74. 75. On 7 April 2020, during a national address by the Police Minister, held at Secunda, he encouraged police officers enforcing the lockdown to ?push South African ?3 back to their homes if they refuse??- In his statement, the Police Minister made the following remarks: hear them (people) crying that cops and soldiers are brutal. Not listening to us is brutality.? ?It's our duty. If you don 't want to protect yourself and the rest of us, we must start by protecting you so we need to push a little bit?3 In a similar vein, the now suspended Executive Mayor of Matjhabeng Local Municipality, Nkosinjani Speelman, endorsed lockdown brutality on 8 April 2010 during a rallying call to local members of the SANDF in the Free State, ?to not hesitate to skop and dander?4 citizens and foreign nationals when enforcing the Lockdown. On 12 April 2020, the Police Minister warned that police officers will con?scate liquor that is being sold illegally and will "destroy the infrastructure where the liquor is being sold".5 The Lockdown Regulations do not authorise law enforcement of?cials to cause damage to the property owned and/or occupied by civilians, contrary to the :Ir'ncsl iva can-s 23 SOL SN '34. 76. 77. 78. Minister of Police's statement. This is clearly an act of undermining the Regulations. In this regard, Regulation 11E which provides that ?No person is entitled to compensation for any loss or damage arising out of any act or omission by an enforcement officer under these regulations?, offers wholesale indemnity for law enforcement officials. This serves only to add onto the already lacklustre response by the commanding officers to the increasing spate of Lockdown brutality. On 16 April 2020, after Mr Khosa?s death described above, the Minister of Defence addressed the media. She mentioned the matter is under investigation. Yet, as reported by News24.com,6 however, she had this chilling message for the civilian population: Mapisa-Nqakula said people should not venture out of their homes to check what soldiers and law enforcement were doing, "or even to provoke them". "We are not taking these steps because we are a mean government, or we are being insensitive. We have taken these decisions because it has become necessary for us to do so. Young people, you have nothing to lose but your life. If you go out, you do it at your own peril, she said, adding that going out would only lead to further infections.? Quite clearly the Defence Minister blames civilians for "provoking? the soldiers. She is unable or unwilling to make unequivocal statements condemning violence. In a subsequent radio interview on 702, on 22 April 2020, the Defence Minister seemed to lay the blame squarely at the feet of civilians stating that they should 24 SOL 37 79. 80. 81. 82. not ?provoke? the military.7 The Defence Minister did not condemn the Lockdown brutality. This was after we had launched proceedings before the Constitutional Court on terms similar to the present. We are advised that underthe Constitution, Parliament should exercise oversight over the SANDF and SAPS. The reality, however, is that parliamentary processes are not designed to prevent ongoing violence at the hands of the security forces, especially during a State of Disaster. While the matter may be reported to the oversight bodies, these will take time and will unlikely be designed to address the problem that is currently being faced right now. In any event, the attitude of the SANDF to the Parliamentary process has been alarming. On 22 April 2020, the Defence Minister, the Chief of Staff of the SANDF, Lieutenant-General Lindile Yam and the Chief of Joint Operations, Lieutenant?General Rudzani Maphwanya, appeared before Parliament?s Joint Standing Committee on Defence. When the SANDF was questioned on the alleged cases of brutality and torture, Lieutenant-General Yam is reported to have said to the parliamentarians: ?You?re not our clients. We are not the police. We take instructions from the commander in chief. "8 No steps, to our knowledge, have been taken against the SANDF for these statements and the contempt they have shown for Parliament. 3?5 83. The attitude of the Chief of Staff of the SANDF points to the concern of the applicants about the general view of the SANDF to the law and the fact that their power must be regulated. The SANDF should not be left unaccountable and its use of force must be regulated. That is the point of this application. Prelude to this application 84. 84.1. 84.2. 84.3. 84.4. 84.5. 84.6. On 14 April 2020, the applicants? attorneys sent a letter to the Defence Minister, a copy of which is attached hereto as annexure In it, we demanded that: The SANDF and the JMPD provide us with their full account of the incident, including the names of the members who were present and also involved in the assault; The President, the Defence Minister and the Chief of the JMPD publicly condemn the conduct of their members; A report on what steps have been taken by the SANDF and JMPD in disciplining their members involved in the incident; A confirmation that such members be immediately removed from the public and placed on suspension pending the finalisation of the investigation; In respect of Mr Khosa?s minor children, an undertaking of financial compensation for loss of support, trauma, shock, assistance and any medical expenses that they have to incur during this period; The Parliamentary report on the employment of the SANDF required by section 201 of the Constitution; SOL 26 sin 84.7. 85. 86. 87. 88. 89. The code of conduct and operational procedures governing the SANDF during the joint operation,in terms of section of the Defence Act. On 16 April 2020, the State Attorney sent a terse response on behalf of the President and Defence Minister, a copy of which is attached as annexure The Defence Minister effectively fobbed us off, baldly denying any wrongdoing, failing to give any meaningful answers, and failing to deliver any of the documents requested- On 19 April 2020, the State Attorney provided the Parliamentary report requested in my attorney's letter of 14 April 2020. The response from the State Attorney was still silent on the other demands made, including the Code of Conduct for the SANDF. Notably, even after the second letter from the State Attorney, there has been no substantive replies from the Government. On Monday 20 April 2020, the applicants instituted an urgent application for direct access to the Constitutional Court, seeking the same relief and on essentially the same facts as this application. On Friday 24 April 2020, the Constitutional Court refused direct access. It did not engage with urgency or the merits. lt ruled simply that no case had been made for approaching the Court directly. Hence, this application. The urgency of the application remains and is even stronger at this stage. 50L 27 LEO STANDING 90. 91. 92. 93. 94. This application is brought in terms of section 38 of the Constitution, which states that ?anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights?. In terms of section 38(a) of the Constitution, and the third applicant are acting in our own interest, as direct victims of brutality by members of the SANDF. In terms of section 38(b) of the Constitution, I am also acting on behalf of the late Mr Khosa, my life partner, who cannot act in his own name. Also in terms of section 38(b) of the Constitution, Mr Khosa?s mother, the second applicant, is acting on behalf of Mr Khosa?s orphaned minor children, who are in her care and are unable to act in their own name In terms of section 38(d) of the Constitution, the applicants are also acting in the public interest. Lockdown brutality affects the public in general, and the relief we seek will be to the benefit of the whole South African public. CONSTITUTIONAL AND LEGAL FRAMEWORK The Constitution 95. South Africa comes from brutal past where apartheid (a crime against humanity) was enforced through use of force and violence against members of the public by the state's official security forces. I am advised that part of the transformative SIDL 28 96. 96.1. 96.2. 96.3. 97. 98. purpose of the Constitution was to place greater restraints on the use of force by the security forces of South Africa. I am also advised that under the Constitution, the power of punishment for crimes resides with the courts. The security forces do not have the power to impose sentences and to execute them. Since the Constitution is the fundamental law of the country, start by setting out the relevant provisions of the Bill of Rights, which is a ?cornerstone? of democracy: Section 10 of the Constitution states that everyone has inherent human dignity and the right to have their dignity respected and protected. Section 11 guarantees to gyeggone the right to life. Section 12(1)(d) and guarantees again, to everyo? the right not to be tortured in any way, and not to be treated or punished in a cruel, inhuman or degrading way. These three rights together can be said to form a guarantee of freedom from violence bv functionaries of state. Indeed, section 12(1)(c) guarantees the right of everyone to be free from all forms of violence from either public or private sources. These rights (sections 10, 11, 12(1)(d) and are so imperative that, by virtue of section 37 of the Constitution, they cannot be derogated from even in a state of emergency (which, for the record, the Lockdown is not). The security officers and their commanding officers are all organs of state, who are obliged by section 7(2) of the Constitution to respect, protect, promote and fulfil the rights in the Bill of Rights. This obviously includes the rights enshrined in sections 10, 11 and and SOL 29 be). 99. Chapter 11 of the Constitution (governing security services) places more specific 99.1. obligations of these particular organs of state. Section 198 of the Constitution provides inter alia as follows (with emphasis addedx National security must reflect the resolve of South Africa, as individuals and as a nation, to live as equals, to iive in peace and harmon v. to be free from fear and want and to seek a better life. (0) National security must be pursued in coinpiiance with the iaw. includinn in ternationai la w. 100. Section 199(5) states (with emphasis added): The security services must act, and must teach and reauire their members to act in accordance with the Constitution and the law, including customary international law and international agreements binding on the Republic. 101. Section 200(2) obliges the SANDF to ?defend and protect the and its people in accordance with the Constitution and the principles of international law regulating the use of force?. 102. Section 205(3) similarly obliges the police service (the SAPS and MPDs) inter alia to ?protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the laW'. International law and the prohibition on torture 103. Section 39(1)(b) of the Constitution provides that, when interpreting the Bill of Rights, a court must consider international law. The rights guaranteeing freedom from state brutality, indeed, have deep roots in international law: 30 103.1. The Universal Declaration of Human Rights, 1948, states that everyone has the right to life, liberty and security of person (article 3) and that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (article 5). 103.2. The International Covenant on Civil and Political Rights, 1976, a treaty which South Africa has ratified (and which is thus part of South African law), also provides that no one shall be arbitrarily deprived of his life (article 6), and no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (article 7). 104. The United Nations Convention against Torture and Other Cruel, lnhuman or Degrading Treatment or Punishment, 1984 (?Torture Convention?), which South Africa has ratified and domesticated through the Prevention and Combating of Torture of Persons Act 13 of 2013 (?Torture Act") fleshes out the meaning and practical import of these prohibitions: 104.1. Article 1 de?nes ?torture? as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an of?cial capacity. 104.2. Article 2(2) emphasises that exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any 30?? 31 SH an 104.3. 104.4. 104.5. 104.6. 104.7. other public emergency. may be invoked as a justification of torture? (emphasis added). Article 2(1) obliges states to ?take effective legislative, administrative, judicial or other measures to prevent acts of torture? in their territories. Article 10 requires states to ensure that the prohibition on torture must be fully taught to, and must be included in the rules and instructions regarding the duties and functions of, all law enforcement officers and other officials ?who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment?. Importantly, article 12 requires South Africa to ?ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed" (emphasis added). As a corollary, article 13 requires South Africa to ?ensure that any individual who alleges he has been subjected to torture has the right to complain to, and to have his case promptiy and in'ipan'iaiiv examined by, its competent authorities? (emphasis added). It also obliges the state to ?ensure that the complainant and witnesses are protected against all ill- treatment or intimidation as a consequence of his complaint or any evidence given?. Article 1 6 then obliges the state ?to prevent other acts of cruel, inhuman or degrading treatment or punishment committed by or at the instigation JUL 32 or of or with the consent or acquiescence of a public official?. It makes articles 10, 12 and 13 applicable to such acts as well. 105. Article 4 also required South Africa to criminalise all participation and complicity in torture, and penalise it appropriately in light of its ?grave nature?. South Africa thus enacted the Torture Act: 105.1. 105.2. 105.3. 105.4. 105.4.1. 105.4.2. Section 3 defines torture in the same way as the Torture Convention. Section 4 criminalises any participation in torture (including attempting, inciting, instigating, commanding, procuring, conspiring or aiding), and makes it punishable by life imprisonment. Not unlike the Torture Convention, section 4(4) states that ?[njo exceptional circumstances whatsoever, including but not limited to, a state of war, threat of war, internal political instability, national security or any state of emergency may be invoked as a justi?cation for torture? (emphasis added). Section 10 gives the state ?a duty to promote awareness of the prohibition against torture, aimed at the prevention and combating of torture", including by: training public officials on the prohibition, prevention and combating of torture; importantly, ensuring that ?all public officials who may be involved in the custody, interrogation or treatment of a person subjected to any form of arrest, detention or imprisonment, are educated and informed of the prohibition against torture?; 105.4.3. conducting education and information campaigns; and 105.4.4. providing assistance and advice to any person who wants to lodge a complaint of torture. 106. The Torture Act does not address other ?cruel, inhuman or degrading treatment or punishment?, leaving section 12(1 of the Constitution as the only provision in South African domestic law that expressly deals with this. 107. It is clear from section and of the Constitution, interpreted in light of international law, especially the Torture Convention, as well as the Torture Act, that state brutality is juridically regarded an especially egregious form of harm. 108. State brutality when it takes the form of torture or cruel, inhuman or degrading treatment or punishment is legally distinctive for two definitional reasons: 108.1. first, it is committed by "public of?cials?, people clothed with public authority, in whom the public are entitled and expected to repose their trust (see Minister of Safety and Security [2011] ZACC 37; 2012 (1) SA 536 (CC), at para 78: ?Once we accept that our Constitution assures the public that it is safe to repose their trust in the police, we must also accept that that constitutional aspiration is undermined when that trust is breached") 108.2. second, it is committed for ?purposes? ulterior to legitimate law enforcement, such as to "punish" people, who have not been afforded a fair trial before a competent and independent tribunal, or indeed any trial at all. 80L 5- 34 lv'? 109. It follows that these constitutionally exceptional crimes need to be prevented and remedied in a radically different, more stringent and more urgent manner than 'ordinary? crimes. Domestic law and the limits on the use of force 110. The constitutional guarantee of freedom from state brutality is also given effect to by provisions of the Defence Act, the SAPS Act, and the Criminal Procedure Act 51 of 1977 (?Criminal Procedure Act?). 111. The SAPS Act is the principal legislation that governs the SAPS and MPDs, and places limits on the exercise of their powers and functions: 111.1. Section 13(1) provides that they must exercise their powers and functions ?[sjubject to the Constitution and with due regard to the fundamental rights of every person?. 111.2. Section 13(3)(a) requires them to perform their duties "in a manner that is reasonable in the circumstances?. . 111.3. Importantly, section 13(3)(b) provides that where a member is authorised by law to use force, he or she ?may use only the minimum force which is reasonable in the circumstances?. 112. The Criminal Procedure Act is more detailed: 112.1. Section 49(2) provides that police officials may use force only 112.1.1. to effect an arrest of a ?suspect? (a person reasonably suspected of committing or having committed an offence); SOL 35 SH U3 112.1.2. 112.1.3. 112.2. 1122.1. 1122.2. even then, only when the suspect cannot be arrested without the use of force; to the extent force is used, that it is reasonably necessary and proportional in the circumstances to overcome resistance or to prevent the suspect from ?eeing. It further provides that ?deadly force? (likely to cause serious bodily harm or death) may be used if the suspect poses a threat of serious violence to the arrestor or any other person; or is reasonably suspected of having committed a crime involving the in?iction or threatened infliction of serious bodily harm there are no other reasonable means of effecting arrest. 113. Other than in that specific instance (to arrest a person and to secure their attendance at trial), the SAPS Act does not give police officers a general license to use force in the execution of their duties. 114. SANDF members are not exempt from these limitations on the use of force. On the contrary, the Defence Act provides that, when the SANDF is ?employed in cooperation with the in terms of section 201(2)(a) of the Constitution in the prevention and combating of crime and maintenance and preservation of law and order within the Republic?, several conditions will apply, including: 114.1. Section 20(1) subjects SANDF members equally to the strict limitations on the use of force set out in the SAPS Act and the Criminal Procedure Act. 36 60' S'i?i 50 114.2. Section requires that their functions ?must be performed in accordance with a code of conduct and operational procedures approved by the [Defence] Minister?. 114.3. Section 20(11) provides that they ?must receive appropriate training prior to such employment?. 115. It is obvious why such a code of conduct and prior training are required: soldiers are trained to use force, not refrain from it. When deployed m1 the Republic, to engage with allied civilians rather than enemy combatants, SANDF members must be re?educated or re?orientated to act in a non-military fashion, which includes adhering to the statutory limits on the use of force. 116. In sum, 116.1. In general, members of the SAPS and the SANDF may not use force. However, where force is necessary to use, it may only be minimum force. 1 16.2. If the intention is to secure the arrest of an accused, force may only be used where it is reasonably necessary and proportional. Where deadly force may be used, this can only occur where there is a threat to life. 116.3. Other than in those strict circumstances, there is no general license for the SAN DF or the SAPS to use force. REQUIREMENTS FOR A FINAL INTERDICT 117. The requirements of a final interdict are trite: a clear right; 80L 37 118. an injury actually committed or reasonably apprehended; and the lack of an adequate alternative remedy. I address each of these requirements in turn. A clear right 119. 120. 121. 122. 123. Sections 10, 11 and of the Constitution (as described in detail above) - are non?derogable rights even during states of emergency. Section 12(1)(c) protects the right of everyone to be free from all forms of violence, both public and private. We understand that, in terms of section 36(1) of the Constitution, these rights may be limited in terms of law of general application in a manner that is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom. But beyond the permission to use minimum force to effect arrests, in terms of the SAPS Act and the Criminal Procedure Act, these rights have not been limited by any further law of general application for the purposes of the Lockdown or the State of Disaster. Indeed, there is nothing in the Lockdown Regulations that even purports to limit the rights in sections 10, 11 and of the Constitution. The corollary of these ctear rights is the state?s duty to respect, protect, promote and fulfil them in terms of section 7(2) of the Constitution. The primary means for the security forces and their commanding officers to discharge that duty is to 38 80L 3 124. comply with their statutory obligations under the Torture Act, Defence Act, SAPS Act and Criminal Procedure Act. Thus, ?everyone", including the applicants, has a gear right to have those statutory obligations honoured and enforced. This means that the applicants and all other civilians have a clear right to have the security forces appropriately trained and restrained in respect of the prohibition on torture and other legal limits on the use of force. An injury actually committed or reasonably apprehended 125. Mr Khosa?s treatment constituted torture in the following respects: 125.1. one member of the SANDF held his hands behind his back, while the other choked him; 125.2. they slammed him against the cement wall; 125.3. they hit him with the butt of a machine gun; 125.4. they kicked, slapped and punched him on his face, stomach and ribs; and 125.5. they slammed him against the steel gate. 126. These acts were all done with the intention to clearly in?ict severe pain or suffering for the purposes of punishing him (or in their words, ?teaching him a lesson", for the alleged contraventions of Lockdown Regulation or, more likely, for disputed any such contraventions. For the avoidance of doubt, it is not a crime under the Lockdown Regulations to consume alcohol nor is it a crime to consume alcohol in your home. SOL 39 SH 127. 128. 129. 130. 131. The section 10, 11 and rights of all civilians in South Africa are being continuously infringed by the commanding officers' persisting failure to train and restrain the security forces in accordance with their statutory obligations. This includes the failure to develop and disseminate the required code of conduct and operational plan for SANDF members employed in co-operation with the SAPS. The SANDF, the SAPS and several MPDs have become a law unto themselves. The killing of my partner and the treatment of Mr Muvhango are of a wider problem of police brutality and violence that has been reported through several newspapers and videos shared on social media. At present, it is unknown to members of the public how the SANDF is to co? operate with the SAPS. In our attorney?s letter of 14 April 2020, we requested the Minister of Defence to provide us with the operational plan and code of conduct required under the Defence Act. The Minister has failed and/or refused to furnish us with those documents. My attorneys have also scoured several government websites and the government gazettes for the code of conduct? none seems to exist. The failure of the Defence Minister (as well as the Defence Secretary and SANDF Chief) even to develop this vital code of conduct and operational plan let alone to ensure that it is read, understood, accepted and adhered to by all deployed members of the SANDF is an egregious infringement of the clear rights identified above. It places every civilian in South Africa at grave risk of the excessive use of force by members of the SANDF. It is clear that the harm will not be addressed without the intervention of this Court. The Defence Minister is now plainly in deliberate and defiant breach of 60 40 53 Sb her obligation to develop the code of conduct and operational plan required by section 19(3)(c) of the Defence Act: 131.1. She should have discharged this unambiguous obligation before the ?rst 2,820 SANDF members were set loose on civilians in March 2020. 131.2. On 14 April 2020, she was alerted to this obligation in our attorneys? letter. Still, she failed to honour it. 131.3. On 20 April 2020, she received an urgent application to the Constitutional Court, seeking an order directing her to discharge this obligation. And gm, she has failed to do so. 131.4. Now, she is preparing to deploy 73180 more SANDF members from Friday 1 May 2020. And, yet, she has given no indication of any steps having been taken to develop the required code of conduct or the operational procedures. 132. The Defence Minister?s wilful abrogation of this simple, yet vital, statutory obligation shows sheer contempt for the applicants, our late loved one, and the South African public as a whole. What is more, it undermines public confidence and trust in the security forces and the government, and thus undermines the aims of the Lockdown itself. 133. The ?injury? requirement for a final interdict is clearly satisfied, in several respects: 133.1. The Defence Minister has already infringed civilians? human rights by failing to develop the required code of conduct and operational plan, and this infringement is continuing. SOL 41 55' 133.2. The most unfathomable injury has already been committed in respect of Mr Khosa. He was tortured and murdered. His rights under sections 10, 11 and of the Constitution were stripped from him completely. 133.3. Mr Muvhango and were also tortured. Our section 10 and rights were also injured. 133.4. Then, there are the many reported cases of deaths and improper treatment at the hands of the security forces across the country. These injuries have also already been committed. 133.5- Beyond all of that, there is the real and credible anticipation that further injury will follow - the security forces will continue to infringe these rights if no court order is put in place to restrain them. This anticipation is reinforced by the nonchalant and defiant responses of the commanding officers to the reported cases of brutality. The lack of an adequate alternative remedy 134. The relief sought in this application is not of a retributive or compensatory nature ?that relief will be sought from the criminal and civil courts in due course. Rather, the relief sought in this application serves a protective and preventative function. It consists of a declaratory order and a structural interdict. 135. A declaratory order is necessary, urgently, to affirm that the introduction of the Lockdown has not negated the non?derogable rights of all civilians specifically the rights to dignity, life, and freedom from torture or other cruel, inhuman or degrading treatment or punishment and has also not diluted the security got 42 . 5'6 services? duty to respect and protect those rights, including by using only the minimum force that is reasonably necessary to enforce the Lockdown. 136. The facts set out in this founding affidavit, and the confirmatory affidavits filed herewith, demonstrate overwhelmingly that a signi?cant number of members of the security forces consider the Lockdown to afford them a licence to use more force than would ordinarily be regarded as the minimum, and to 'punish? civilians for perceived insolence or indolence. The declaratory order is necessary to send a strong message that there is no such licence, and that such conduct is unlawful and unconstitutional, notwithstanding the Lockdown. 137. Moreover, in light of the fact that the SANDF has been deployed until 26 June 2020, as appears from a letter received from the Presidency attached hereto marked (a period which may well be extended), the remedy sought, if granted, will be effective. The structural interdict sought has three elements. 138. w, it is to compel the Minister of Defence to develop and publish a code of conduct for the SANDF in enforcing the Lockdown Regulation and the State of Disaster. in particular, about when the SANDF may use force, how to enforce social distancing and restriction of movement, how to secure the attendance of a suspect to attend trial for alleged Lockdown Regulation infractions. This obligation is not onerous it has always been placed on the Minister of Defence in terms of section 19(3(c)(i) of the Defence Act. 139. Second, the first to eighth respondents (the commanding officers) must, within three days, establish a special complaints mechanism for civilians to report alleged acts of torture or cruel, inhuman or degrading treatment or punishment SOL 43 3 S7 at the hands of members of the SANDF, the SAPS or any MPD during the Lockdown or State of Disaster. 139.1. 139.2. 139.3. This must be freely accessible to the public, who must be allowed to remain anonymous. The complaints must be reviewed daily by appropriately qualified personnel. Because of the nature of the complaints, it is only sensible that these personnel should be seconded from and the OMO, as they will have the requisite expertise and experience to assess the complaints. This will also ensure that the mechanism does not burden the fiscus with a higher wage bill. The function of the mechanism is to suss out credible complaints those substantiated by some corroborating evidence), for a twofold purpose: to recommend immediate steps to protect the public and prevent further harm, such as disarming and rendering off duty the members implicated in such complaints; and to forward the credible complaints and supporting evidence to the special investigative team described below. It is not desirable to prescribe to the first to eighth respondents what precise form this mechanism must take, but it could, for example, include charge- free telephonic or electronic hotlines. This would entail relatively miniscule cost and difficulty for the first to eighth respondents to implement at short notice, yet would offer an effective way for allegations of torture and other serious abuses to be brought to the attention of the commanding officers without delay, miscommunication or misdirection. SOL 44 - f1 140. Third, the institution of a special investigation, led by a retired judge, into the reported cases of torture or cruel, inhuman or degrading treatment or punishment. 140.1. 140.2. Owing to the egregious nature of such human rights violations, which South Africa is expressly obliged under international law to investigate and impartially (per article 12 of the Torture Convention), such an investigatibn cannot wait until after the Lockdown or State of Disaster. The investigative team must be performing its work, and be seen to be performing its work, as a contemporaneous check against abuse by the security forces. it presents the only effective remedy to hip in the bud the culture of impunity that is apparently taking root during the State of Disaster. For these reasons, it is necessary for the investigative team to produce reports regularly, every five days, to ensure that the commanding officers are aware of any abuses and of what they need to do to prevent and repress them (which they are obliged to do under both constitutional and international law). 141. The purposes of the above special complaints mechanism and special investigation cannot be effectively achieved by any presently existing mechanism or body. IPID does not have the competence to deal with complaints against members of the SANDF, and OMO does not have the competence to deal with complaints against members of the SAPS and MPDS. Moreover, there is nothing in the institutional design of those bodies that ensures that they would, or even could, complete any meaningful work while the Lockdown is still SOL 45 r?f 7% underway. Finally, the fact that these existing mechanisms have not, as yet, had any perceptible inhibiting effect on the excessive use of force during the Lockdown, strongly suggests that further special mechanisms are urgently needed to bring about such results. 142. This much is apparent from lPlD?s own records. 143. In the Annual Performance Plan for 2019/2020, (attached hereto marked repeatedly mentions budget, resource and operational constraints that it faces, making it dif?cult to conduct genuine independent, effective and timeous investigations. I refer to these below. 143.1. 143.2. 143.3. At page 7 the report states that its resources ?were extremely constrained? thus affecting its operations. It also states that because of constrained financial resources IPID ?was unable to provide a conducive working environment for the investigators who are responsible for driving core mandate?. At page 8 the report states that because of inadequate resources its effectiveness is compromised. It is therefore unable to execute its constitutional and legislative mandate and thus to realize one of the visions of the National Development Plan which is that people living in South Africa should feel safe and should have no fear of crime. There is also reference to the operational independence of IPID. The report alludes to this and states that needs to have its own capacity to fully investigate cases including technical support, forensic and ballistic experts. It notes that because of limited resources, it relies on the SAPS and other SOL 46 . i?t 143.4- 143.5. 143.6. 143.7. organs for its expertise which has the potential to ?compromise integrity of investigations." I am advised that in a case like the current, operational independence is vital. This is why the notice of motion specifically asks for extra capacity and institutional guarantees of operational independence. If this case is simply assigned to IPID, without more, there is a real risk that the independence of the investigation will be compromised on the simple basis that sometimes relies on the same SAPS for its own investigations. One of the risks faced by IPID are counter investigations by the SAPS. At page 36 of the 2019/2020 report IPID states that ?cases might not be ?nalized as per the said objectives due to the counter investigations that sets to interfere with the investigations by Furthermore, IPID complains about the infiltration of investigations by SAPS. lt notes the ?possible in?ltration by SAPS Officials in the investigations conducted by IPID to derail the process poses a risk on the ability to achieve its mandate. Furthermore, IPID points to political interference and notes that the constitutional mandate of IPID ?may be affected by external political environment to achieve its proper implementation of its objectives". One of the contributing factors here is the inadequate reporting and accounting lines. This area of political interference is regarded as an extreme risk as hopes to incorporate amendments to the Act in accordance with the judgment of the Constitutional Court on this issue (see McBride Minister of Police and Another [2016] ZACC 30; 2016 (2) 60L 47 St 60 SACR 585 2016 (11) BCLR 1398 Political interference, as specifically mentioned by is also a risk that this Court should take into account in the determination of whether or not should simply be allowed, withoutjudicial supervision to conduct the investigation by itself. It is also notable that is yet to give effect to Constitutional Court judgments guaranteeing its independence by effecting same to its own statute. 143.8. Another area of high risk identified at page 36 are inadeouate resources. complains that not only is its budget limited but it is continuously being reduced, thus resulting in unfunded operational activities. 143.9. points to the inability to investigate and finalize its cases timeously. It 144. 145. states that this is caused by reduced accessibility to clients, lack of capacity on specialized investigation, resource constraints, and delays in obtaining technical reports. This area is also regarded as a high risk area. it is therefore clear that faces external and internal pressures which make it difficult for it to exercise its own institutional and operational independence. It also faces the risk of external political interference. The relief sought in the notice of motion is partly based on this factual reality. It is to be emphasized that the failure to translate Constitutional Court judgments into legislative amendments has partly contributed to the risks posed by factors such as political interference to lPlD?s operational independence. Any investigation by lPlD, in these circumstances, will likely delay, lack credibility, be constrained, and may be interfered with. It is not enough to rely 60L 48 ng CI 146. 147. merely on undertakings by politicians. What is necessary are clear structural guarantees of independence, as mentioned in the notice of motion. The Torture Convention obliges member states to design complaints handling mechanisms for civilians. The Torture Act does not provide a mechanism for laying complaints. The Lockdown Regulations are equally silent on this front. There is no law enforcement agency or body that is currently in place to deal effectively with civilian complaints about torture or security forces brutality during the State of Disaster. This is the primary function of this application?to ensure complaints about degrading and inhuman punishment and torture by the security forces are properly investigated and more importantly, to ensure that members of the public have a mechanism to lay complaints. The remedy sought in this case is within the powers of this Court. It is also just and equitable and effective. It will not intrude unduly into the terrain of the Executive. Most importantly, the remedy will vindicate the Bill of Rights. URGENCY 148. 149. The facts of this case clearly demonstrate that urgent relief is necessary, scores of members of the public have been subjected to intimidation and torture at the hands of the security forces, and several have been killed. The SANDF has been employed to police civilians without any code of conduct or operational plan on how they are to use force and how they may enforce the Lockdown Regulations. Members of the public have no recourse against their brutality. If a member of the public wants to lay a complaint against the security forces, there is no body SOL 49 6R 63 that is mandated or designed to deal with those cases?in flagrant violation of international law. 150. A civil suit for wrongful death at a later stage will simply not deal with the unfolding brutality and torture that I have demonstrated in this application. The failure to issue a code of conduct and operational plan to regulate the use of force cannot be ameliorated with substantial relief at a later stage, nor can the absence of a complaints mechanism be fixed by a civil suit for damages. in short, there is simply no substantial relief at a later stage for the lawlessness that has already taken place and will continue to take place, lest this Court grants the relief sought. 151. This matter raises constitutional rights of manifest importance?it is about stopping torture, degrading punishment and violence at the hands of the security forces. 152. The right to life, the right to be free from cruel, inhuman and degrading punishment as well as the right to not be tortured are non-derogable rights, even in a State of Emergency. We submit that any case of infringement of these rights, especially by security forces, is inherently urgent. 153. The importance of safeguarding and vindicating these rights cannot be understated. The pressing public need to bring an end to the torture and to guide the hands of the security forces through this State of Disaster is invariably urgent. 154. My life partner is now deceased as a result of the actions of the SANDF. was assaulted and whipped by the SANDF in my own home. Mr Muvhango was also subjected to degrading treatment and severely assaulted by members of the 60L 5. 50 155. 156. 157. 158. 159. SANDF. have pointed to many other cases of reported abuse, torture and assault by the security forces from around the country. At present, members of the public live in fear that they will be subjected to degrading and cruel punishment and at worst, death, at the hands of the SANDF and the SAPS. The necessity of this application is to ensure that no more human lives are lost or ruined, and that the violent, unconstitutional and unlawful behaviour of the security forces does not continue unabated, as human life is at stake. Members of the security forces cannot be left on their own and continue to act without a clear code of conduct, proper oversight and concomitant punishment when they are found to have violated human rights. The need to regulate the conduct of the SANDF has become even more pressing because the ?phased? easing of the Lockdown, announced by the President on Thursday evening, 23 April 2020, presents grey lines about what is permissible and impermissible. Whilst some parts of the country will be under a ?stage 5 hard lockdown?, others will be in an eased lockdown under stage 4, or lower. It is in this climate of a lack of clear-cut rules that a code of conduct is absolutely, and urgently, necessary. The circumstances of this case are exceptional. There were already eight deaths reported at the hands of the security forces during the State of Disaster, before Mr Khosa?s became the ninth. The SANDF is currently enforcing the Lockdown Regulations in the absence of a code of conduct on how they are to engage with civilians?at present, they are a law unto themselves. Civilians have no effective 51 30L 51H 6L 66 means or channels to lay complaints about torture or other maltreatment at the hands of the security forces. 160. The relief sought is designed to mitigate any further losses of life and to minimise the risk of torture and cruel, degrading, inhuman punishment at the hands of the security forces. The crisis is currently ongoing, and civilians cannot wait for relief after the fact?the measure must be put in place now and in fact, ought to have been in place prior to the implementation of the Lockdown. 161. The responses of the Ministers, the Chief of Joint Operations and the Chief of Staff of the SANDF, have not been reassuring at all. Instead, their public declarations have reinforced the belief that they consider the SANDF to operate outside of the Constitution, are accountable to nobody, and they cannot be regulated by law. 162. It is a matter of national importance that the torture and degrading punishment is immediately stopped and regulated by law. The imminent reinforcements and curfew 163. As stated above, in addition to the 2,820 SANDF members currently policing civilians, H.130 more will be deployed from this Fridav,1 May 2020, This is a 26-fold increase. The real anticipated threat to civilian life and limb is thus increased 26-fold from Friday, 1 May 2020. 164. Those 73,180 armed soldiers simply cannot be unleashed on a civilian population without, at the very least, a code of conduct and operational plan telling them how to behave especially, when they may use force and how much. SOL 52 CW 66 This also cannot be done without reinforcing the importance of the Bill of Rights in their conduct and behaviour, hence the declaratory relief. More soldiers cannot be deployed in circumstances where the SANDF brazenly tells Parliament that it does not report to it, but takes orders from the President. 165. The ?easing" of the Lockdown also introduces a curfew between 7pm and 5am. It is notable that the curfew will be enforced without any regulations or law authorising it. It will also be introduced without any standard operating procedures and code of conduct regulating the joint operations with the police and army. This is why it is necessary that the application is heard before the reinforcements and the curfew come into operation. 166. The relief sought in this application has always been urgent and necessary. This is why the applicants approached the Constitutional Court for urgent relief (discussed below). However, the employment of additional forces bolsters the need to grant the relief before the additional forces are deployed. The truncated timelines 167. The notice of motion requires the respondents to file an answering affidavit by 20h00 on Sunday, 26 April 2020.0n a proper consideration of all the facts, we were justi?ed in truncating the timelines in the manner that we have on the following grounds: 167.1. First, the respondents have known about the relief claimed by the applicants for some time. All of the parties cited in this application were respondents in an urgent application for direct access to the Constitutional Court. The application in that Court was launched on Monday, 20 April 90L 53 . f?f 167.2. 167.3. 167.4. 2020. It was dismissed on Friday, 24 April 2020 on the basis that there are ?insufficient grounds for direct access in this Court". By the time the Constitutional Court handed down its order, the respondents had a week to file their answering affidavit, and they still had not filed. Second, immediately after it came to our attention that the Constitutional Court had dismissed our direct access application, we instructed our attorneys to address a letter to the respondents alerting them to the fact that we will be bringing this application in this Court. Third, the factual averments and the relief sought in this application are exactly the same as those before the Constitutional Court. Fourth, the Minister has always been under a duty to ensure that there is a specific code of conduct to regulate the conduct of the soldiers during a joint operation with the SAPS. The imminent reinforcements will also work on the same basis in terms of section 19 of the Defence Act. Yet as far as we are aware, the Minister is in breach of these duties. 168. In short, this application should not come as a surprise to any of the respondents. The respondents have had a week to mount a defence to this application. They should not be afforded more time than that set out in the notice of motion. 169. It is also simply not possible to give them more time. This application has been prepared within hours of the Constitutional Court?s order, with all available haste. The relief we seek is of such a nature that the application cannot be heard later than Tuesday 28 April 2020, as an order granted in our favour on that day would give the Defence Minister just three days to develop the code of conduct and 80L 54 5" Pr (7 170. operational plan required by the Defence Act, before the deployment of the additional 73,180 SANDF members commences. It is critical that the order is not only effective, but is capable of being implemented effectively by the respondents before it is too late. In respect of the applicants? deviation from the Practice Directive that requires that urgent applications are set down the Thursday before the Tuesday hearing?? the urgency of this matter and the need to arrest the ongoing torture and brutality could simply not wait any longer, especially in light of the imminent additional SANDF deployment. Any further delays present a greater risk of civilians being subjected to inhuman, degrading and cruel punishment at the hands of the security forces. More importantly, the harm that will be done to the Constitution itself if the matter is not dealt with urgently means that any further delays simply cannot be countenanced. CONCLUSION 171. In the above circumstances, we respectfully submit that a proper case has been made out for both the declaratory and interdictory relief set out in this application. WHEREFORE I pray for the order as set out in the notice of motion. .. If DEPONENT I hereby certify that the deponent knows and understands the contents of this affidavit and that it is to the best of the deponent's knowledge both true and correct. This affidavit was signed and sworn to before Toll) on this the 55 63f 6?1 25 day of large] 1.: 2020, and that the Regulations contained in Government Notice R.1258 of 21 July 1972, as amended by R1648 of 19 August 1977, and as further amended by R1428 of 11 July 1989, having been complied with. r' COMMISSIONER or: OATHS (REA) bareku Daisy Lebepe CA (SA) OF Floor Marsh Building. 5th Street and Fredman Drive, Full names: Sandton, 2196 Address: Capacity: 5'5 5.1% 50L 5.1?1 sol- aim} I ?u I M7 Risk?adjusted strategy for economic activity What we know now There is early evidence that the full national Iockdown imposed since 26 March 2020 has successfullylimited the spread of the coronavirus. However, there are serious risks associated with lifting Iockdown restrictions too soon, or in an and disorderlvmanner. Daily mama: of canlimed noses Overloaded health system Siri 50L Risk-adjusted strategy for economic activity The balance between ?lives? and ?livelihoods" Evidence from the Spanish Influenza pandemic of 1918 shows that the long-run economic consequences for cities experiencing a rapid infection rate and high cumulative infections were significantly worse than those for cities enduring temporary restrictions on economic activity. "On the one hand, constrain social interactions while they are in place, and thus necessarily depress any type of economic activity that relies on such interactions. On the other hand, because the pandemic itself has severe economic consequences, by reducing the severity of the pandemic, NPIs can mitigate the most severe economic disruptions. While an interruption of economic activity may be inevitable, this interruption can be shorter-lived and less extensive with in place that solve coordination problems.? 17) Pandemics Depress the Economy, Public Health Interventions Do Not: Evidence from the 1918 Flu Sergio Correia, Stephan Luck, and Emil Verner' Risk-adjusted strategy for economic activity An alert system with levels of restriction Restrictions on economic activity need to be adapted to epidemiologicaltrends, and may need to be relaxed and tightened in different periods. An alert system should be created with ciearly defined levels of restriction that can be imposed by the National Command Council as necessary. If lockdown regulationsare amended to allowsome economicactivity to resume it is that the infection rate will accelerate and that the virus will resurge In this scenario, it would be necessary to quickly revert to more stringent restrictions in order to arrest further transmission. - An "alert system? with four to five levels would allow for flexibilityand responsiveness, and would reduce the need to amend regulations in future. At each level restrictions would be more or less severe and sectors and companies would know what activity is permitted depending on the level imposed at any time. - Government would be able to switch between levels with far greater speed, and could use mass communications platforms (such as an SMS notification system)to signal this to the public. . Different levels could be imposed in specific provinces and areas based on the risk of transmission, - NE: A gradual transition between alert levels can be implemented where necessary. Detailed health protocols should be imposed at all levels of alert. 7). SH 30L Risk-adjusted strategy for economic activity An alert system with levels of restriction Ongoingfeedback loop informs decision to remain at a particular level, relax restrictions further, or return to a higher level of restriction. Level 1 Low virus spread, high health system readiness Level 2 Co? Moderate virus spread, with high readiness Level 3 Moderate virus spread, with moderate readiness Level 4 moderate readiness '9 Moderate to high virus spread, with low to a? High Virus spread, and/or low readiness 73 Risk-adjusted strategy for economic activity An alert system with levels of restriction ILLU STRATIVE Different levels of alert can be declared in specific provinces and districts based on epidemiologicaltrends and the risk of infection. 30L 7hr SIN - a. - all. ?If: 2 fr SDL Risk-adjusted strategy for economic activity Criteria for return to activity To determine which sectors should he allowed gradually to resume activity, three criteria should be used: Riskoftransmissmn(inciuisling the ease of implementing mitiga?tiOn measures) sign-ggtedjmpactonthesect-or of continued iockdown (including prior vulnerability); '53 :"fiifnlue offline septor?togthefe'cOnornv (8.9. Contribution to GDP: multiplier effects, airport:- Sectors that have a low risk of transmission (or where this risk can easily be mitigated), that would suffer most acutely from a continued lockdown in terms of retrenchments, companyfailures, or loss of productive capacity and international market share, and that have a high value to the economy should be prioritised. These criteria should themselves be subject to an ordinal ranking of priority. Thus, sectors with a high risk of transmission should not be allowed to resume activity until this risk is reduced, regardless of the potential impact on their sectOr or theirvalue to the economy. Among those sectors with a low or manageable risk of transmission, considerations ofimpact and value can be used to attribute priority. Low transmission risk AND severe impact high value 73' SOL Risk-adjusted strategy for economic activity Criteria for return to activity 2. Transmission risks Nature of work Pro?le ofworkforce Geographic location of workforce Practical mitigation measures Feasibility of mitigation measures 1. Economic value at risk - Sectoral contribution to GDP - Employment . Export earnings (fx) - Prevalence of SMEs and informal sector - Linkages to the rest of the economy - Is it an enabling industry? Main considerations Industries that'return to work first should: 3. Economic stress Not presently operating Facing imminent retrenchment Facing imminent ?rm closures Facing permanent and irreversible damage Jobs at stake .1. Have acceptably law transmission risk [or be abie to attain this through mitigation measures) and 2 Be of criticai value to the economy or 3. Be unde=r severe near?term economic stress 76 SIN FOL ?l'n ?fif- I 1 GDP oulpul albasc prices Supply and Use Tabie. 201? 2 StalsSA. Quarterly Labour Force Survey. 2017 Unseen SectorJA Reporton the MSME Opportuniryin 30th Africa PFGI Industry Survey 1! StatsSA, Supplvand Una raule 2017. 5 Self Iepomad data indus?Iry survey 6 ILO. Accessed from: 75km TF3 I 6 55?: (mpg-dog _giect?cala; 5 my Professional 55mm 3521;"; 4 In. Real eslateu. 47"; 40% ?554$ wan $71 =qu I 2.52s 23% 4:32:21. '14 22" Irguiance I 2.1% 1.9% 15% - 1521212- 1.3% a, 1.0% MEI. 5% Rocgoaljgn ?3 05% Pd?pmn?n?o Foresgg 0.2% Rm TV commww?v i 2* "Jr-'3 0- ?35 0.03% . - a; 1: ?21- L.) 0.03% Medium Risk-adjusted strategy for economic activity Economic value of sector LOW Low Low Momma :r-Ff? Unknown Unknown '77 Risk-aradjussted strategy for economic activity $543}: Expected impact of continued lockdown ma?a?u 0-209? 61?80% 21-40% 51-10% . . 41?6015 - mm (martinis 15 as as Mama?? (Native - . '4 -?m?mem Flore optic Maureen! apt-Maud on Buslnaas Services 161' m1 dbl-1 Long term hsurlnce Donors :3 . 50L He?lnH . ?3 Source: Self reported datafmm 601151stqu 2020 _Tgurhm 5-H 60 5-5 l- -. Risk-ad Risk of transmission: matrix rationale a step1 strategy IRisk matrix for businesses for economic activity . . General Guiding Criteria I. 1. Nature of busmess requtres dense Exclusion public congregation of customers . 5 . Medium Low 1.1 General density of interaction 2 (inside and outside workspace) <2 or per person High risk province 8. l2. Geographv 0i workplacelsl urban/metro area Employees can werk remotely Less than 30% For of the workforce who cannot work remotely: 60%+ use public transport OR 20%+ crossing borders 4 Travel risk of employees 2-6 m2 per person High risk province OR urban/metro area OR crossing borders rural area 5 within provincial boundaries 30-60% 60-1 00% <30% use public transport AND <10% crossing borders 30?60% use public transport 10-20% crossing borders Isolation for pensioners and immuno-comprOmised i 5. Ability to separate vulnerable employees customers Male) 6. Resources capacity to implement Cannot implement all I risk mitigation measures at work mitigation measures 50 years (especially 30 50 years <30 years old All those relevant. but All those relevant. not immediately immediately >6 m2 per person Low risk province .5 Explanatory notes Certain non-essential congregation activities (mass gathering in cinemas, stadium events, large functions) per se excluded All workers who can continue to work remotely must do so Most vulnerable population groups should not enter the workspace at all (both employee and customer). instead, treated separately and/or remotely See general measures (where?) '3 \l .9 Risk?adjusted strategy for economic activity Risk of transmission Agriculture. food, Coke oven 8s Hotels and beverages 8.: petroleum Financial restaurants- Inlmm mam-native leis nu me?nn lntermediation Fishing Low-mi A . '36 of empiwees can work re moleiy 0 1 ofworkforcethatis olderthan SD 56 ofworkfo rce in geographies with high In nsmission (GP. KZN, WC) Abii in: to enforce soclai distano?ng of'Zrn at work Abii to nrovidc masks to wees Abllityto screen all employees - 0 isolate illempiovees 0 SDL $6 at employees who use public transport 94 of mployees who must cross provi ncial bard er to start work SCORE 7 3 0 Risk-adjusted strategy for economic activity p, Risk of transmission Hotels and Other Other Post and Past and restaurants- Insurance-long? Insurance- manufacturing? Pharmaceutical telecommuni telecommunlca Professional of ur' - retail term short term Mining defence an act rug 5 cation-?bre tlon-IL'T and serwces manufacturing . . takeaways industry optic Digital ofe mplovees can work remotely Va oi workforce Lhatis olderthan 50 96 olwurkiorce i geoglaphies with hightra nsmission KZN, WC) Abi i ity to enforce ociaidutarxdr'; 012m 3 i: work Abililyto provide masks to ernpiovees Abi iity'l'o screen all mplovees Abillty to isolate all illemplove es )6 of employees who use public transpout 9: of empiovees whomust cross provi nciai horderto start work SCORE Sem SOL Risk-adjusted strategy for economic activity Risk of transmission Proiessianal Services - Global Business Services of mplovees can work re mntelv ofworkfolce thatis oiderthan SU 59 of workforce in geographies with high in: ESP, KZN. WC) Ab i ityro niorcc ccial distancing onmatwork Ahi liwto provide masks to employees Abi iityto screen all mplovees Abllitvto isolate all iliernployees H. of mplovees who use public transport of wees who must cross provincial border to startwork Radio, television, communication equipment and apparatus Real estate activities SCORE Recreational, cultural and sporting activities Transport - fleet management Transport - Aviation Wholesale Wimiesale retail - nothing retail - Food Wireless: le it retail - delivery A 5.1% Risk-adjusted strategy for economic activity Risk of transmission Transport Aviation 13 Recreatio. nal, cuiturai and sporting activities 18 Hozeis and restaurants_retaiitakeaways FM 13 Hotels and restauranls__tourism 13 Cake on an E.- neiroleum re?neries 13 Other manufacturing manuhcwring 11 Fishing 11 Chemicals I 11 Wholesaie me? I and 10 Wholesa!e Pu relal?: - Clothing 10 Transport- ?eet management 10 Real estate: activiities 10 Rash, television, communication equipment and apparatus 10 PharrneceutiCals 10 Consirudian Whoiesalc 8: retail Online Food ceiiverv 8 Insurance?short ram 3 Winning Agricnliure, load. bevenges a tobacco Professonai services - Global Business Services $9 r-r~ Drhe: manufacturmgc eicnce industry Elenrricity Post and telecommu nicaLbn-IC?I and Dlgitai LDmk? Past ana cpiil?. [11an Foresmr insurance~longterm ?1 Finanrial intermedaalion Auto-moms Professional servrces . Prolesslonal Services 2 f0 51H 80L Low transmission risk Economic activity can resume with low transmission risk or Economic activity can resume under conditionswhereby transmission risks can be effectively managed Regulated and organised Precedent of good compliance and enforcement of regulationsin sector and/or Industry bodies/ unions/ lead firms can support coordination of sector response Localised/ low movement of people Economic activity can resume with no/minimal movement across provincial borders and between rural and urban areas, and movement is limited to low risk geographies Enabling of other sectors or essential services Resumption of economic activity is crucial for the effective functioning of a sector that produces, distributes or sells goods/ services designated as essential or other sectors prioritised for opening me 53H SOL Risk-adjusted strategy for economic activity Post-lockdown: General exclusions The following restrictions will remain in place after the national lockdown, and regardless of the level of alert at any given time: Sit?in restaurants and hotels - Bars and shebeens - Conference and convention centres Entertainmentvenues, including cinemas, theatres, and concerts Sporting events - Religious, cultural and social gatherings No gatherings of more than 10 people outside of a workplace will be permitted. Passengers on all modes of transport must wear a cloth mask to be allowed entry into the vehicle. Hand sanitisers must be made available, and all passengers must sanitise their hands before entering. Public transport vehicles must be sanitised on a daily basis. as .. 1.-. . .- 3- I.- 80L Risk-adjusted strategy for economic activity Rules applicable across all levels The following rules will be imposed across all sectors and alert levels: Industries are encouraged to adopt a work-fromrhome strategy where possible, and all staff who can work remotely must be allowed to do so. Workers above the age of 60, as well as workers with comorbidities identi?ed by the Departmentof Health should be offered a work~from~home option or allowed to remain on leave with full pay. There should be workplace protocols in place that would include disease surveillance and prevention of the spread of infection. All employers to screen staff on a daily basisfor of includinga check as well as temperature assessment. - All employees to use a cloth mask especially where social distancingis not possible. - Work environment to have sanitisers available or hand washingfacilities with soap. Stringent social distancing measures should be implemented in the workplace. The Department of Health will issue a comprehensive guidance note stipulating health and safety practices for returning to work. 36 SUN ?01? Risk-adjusted strategy for economic activity Additional rules pertaining to sectors and firms Before any sector resumes activity, the following conditions must be in place: In additionto generallyapplicable health and safety protocols, each sector must agree upon a 19 prevention and mitigation plan with the Ministerof Employmentand Labour, the Minister of Health and any other Minister releva ntto the sector. Individual businessesor workplaces must have COVID-19 risk assessments and plans in place, and must conduct worker education on COVID-19 and protection measures: 0 00000 0 Identification and protection of vulnerable employees Safe transport of employees Screening of employees on entering the workplace Prevention of viral spread in the workplace: Cleaningof surfaces and shared equipment Good ventilation Managingsick employees must be in place to (1) ensure compliance with safety protocols and (2) identify infections among employees 37 ?J'jf'i pi . a ?13. Risk-adjusted strategy for economic activity Governance framework Levels of aiert will be determined by the National Command Council at each meeting, upon a recommendation from the Minister of Health and the Minister of Trade and industry. A single national alert level may be determined, or an alert level may be determined for each province. The highest burden of the disease is currently concentrated in Gauteng, Western Cape, KwaZulu?Natal and Eastern Cape. The remaining provinces have a limited number of cases. Within the provinces the infection is concentrated largely in the metro areas. Given the disproportionate distribution of infectionsthere is an opportunity to have a differentiated approach to the lockdown based on the geographic diatribution. The initial plan is to determine alert levels at a provincial level based on the number of cases in each province. Prernrers may thereafter determine an alert level for specific districts, with the approval of the Minister of Heaith Those districts with lower risk levels could in this way embark on increased ievels of economic activity. individual Ministers,upon consultation with and approval from the Minister of Health, may provide for exceptions and additional directions in sectors within their domain. A working committee should be established comprising ofiicialsfrom the Department of Health and the Department of Tracie and industry to consider changes to the sector restrictions as they are required. Risk-adjusted strategy for economic activity Governance framework 11111111111cm11ma1111 Council d=1enn1nes Evel oi alen 15113311111111 rue: on Hasitiwanu 11115111111112: of Trade. industw and Competition P11: rniPFS may 111.1 ad {1 .11. whiz The framework should remain responsive to epidemiological trends as well as to problems and areas of ambiguity as they emerge. It is likely that specific sub- sectors will require exemptions and/or add1t1onal directions which cannot be foreseen. An adaptive governance structure is therefore required1 1 r15:- i'uorinng Loinmittee con'1prisii1g1c'1llim'a?? Trc-m i?Jepartrnem oi eallhand -4 of Triadtand 111111151111; considers public submissions It: refer! DE 11121 15-011 and ma ices recon-11iandatlor'ur~ ES NECESSRW [Eh aleit?le'vel. and the condnlons under which they may operate Sir?l 30L Risk-adjusted strategy for economic activity Alert system: Level 5 i . ILevel 5: High virus Espread, and/or low ?health system readiness Sectors permitted I - 3 Only essential services Transport restrictions Bus services, taxi services, .e?hailingand private motor 3 vehicles may operate at restricted times, with limitations on vehicle capacity and stringent hygiene requirements goods and exceptional" circumstances leg. Movement restrictions f?Tl N0 interaprovincial movementOf people, 3 except for transportation oft: funerals) itisk?aatljusterl strategy for ecenemic activity Alert system: Level 4 - Sectors permitted Transport restrictions Movement restrictions Level 4: Moderate to high virus spread, with moderate readiness All essential services, plus: Food retail stores already permitted to be open permitted may sell full line of products within existing stock All agriculture (horticulture, export agriculture including wool and wine, floriculture and horticulture, and related processing) Forestry, pulp and paper Mining (open cast mines at 100% capacity, all other mines at 50%) All ?nancial and professional services Global business services for export markets Postal and telecommunications services Fibre optic and IT services Formal waste recycling (glass, plastic, paper and metall Bus services, taxi services, e- hailing and private motor vehicles may operate at all times of the day, with limitations on vehicle capacity and stringent hygiene requirements No inter-provincial movement of people, except for transportation of goods and exceptional circumstances funerals) ?ll 3- SOL Alert system: Level 3 :Eiisk-eailjusted strategy "for economic activity Sectors permitted Transport restrictions Movement restrictions Level 3: Moderate virus spread, with moderate readiness Licensing and permitting services, deeds offices and other governmentservices designated by the Minister of Public Service and Administration Ta ke-away restaurants and online food delivery Liquor retail within restricted hours Clothing retail Hardware stores Stationery, personal electronics and of?ce equipment production and retail Books and educational products E?commerce and delivery services Clothing and textiles manufacturing (at50% capacity) Automotive manufacturing Chemicals Bottling Cement and steel Machinery and equipment Global Business Services SANRAL construction and maintenance Trans net at 100% Bus services, taxi services, e?hailing and private motor vehicles may operate at all times of the day, with limitations on vehicle capacity and stringent hygiene requirements Limited passenger rail restored, with stringent hygiene conditions in place Limited domestic air travel, with a restriction on the number of flights per day and authorisation based on the reason for travel No inter-provincial movement of people, except fortransportation ofgoods and exceptional circumstances (eg. funerals) ta gm, Alert system: Level 2 sfsgua?i?l?Stelij] strategy for economic activity Sectors permitted Transport restrictions Movement restrictions Level 2: Moderate virus spread, with high readiness Construction All other retail All other manufacturing Mining (all mines at 100% capacity) All government services Installation, repairs and maintenance Domestic work and cleaning services Informal waste-pickers Domestic air travel restored Car rental services restored Movement between provinces at Level 1 and 2 restrictions ?13 5w 50L Ii- i 5. .1. it; Alert system: Level ?1 I Risk-adjusted strategy for economic activity Sectors permitted Transport restrictions Movement restrictions Level 1: Low virus system readiness: Spread;hijgh?f?ealth? All sectors All modes of transport, with stringent hygiene conditions in place fil?nterpfrovi-?ncial movement allowed,with restrictions on international travel We Srl?l 80L Proposal fOr phased economic recovery Recommendations A system of ?alert levels? should be adopted, and further work done to determine which sectors (and under what conditions) may operate at each level. The Department of Trade and Industry and the Department of Health should collaborate to develop this system. To make the determination of which sectors should be allowed to resume activity at each level of alert, three criteria should be considered: 0 Risk of transmission (including the ease of implementing mitigation measures) 0 Expected impact on the sector of continued lockdown (including prior vulnerability) 0 Value of the sector to the economy contribution to GDP, multiplier effects, export earnings) A decision about whether to institute a lower alert level should be made by the National Command Council based on evidence gathered during this week about the spread of the virus. :5 .2 .E IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO. 8 In the matter between: KHOSA, MPHEPHU First Applicant MONTSHA, NOMSA Second Applicant MUVHANGO, THABISO Third Applicant and MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent SECRETARY FOR DEFENCE Second Respondent CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent MINISTER OF POLICE Fourth Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT Sixth Respondent CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT Seventh Respondent OFFICE OF THE MILITARY OMBUD Eighth Respondent INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent CON FIRMATORYAFFIDAVIT I, the undersigned, MPHEPHU KHOSA do hereby make an oath and state that 1. I am a 68-year-old woman pensioner, residing at Mawa Village, Tzanene in Limpopo. I am biological the mother to the late Collins Khosa. I am the first applicant in this matter. 2. The facts and allegations herein are all within my personal knowledge, unless the context indicates otherwise. To the best of my knowledge and belief, they are true and correct in all respects. 3. have read the affidavit of NOMSA MONTSHA and con?rm its contents insofar as they relate to me. DEPONENT The Deponent has acknowledged that he knows and understands the contents of this af?davit which was signed and sworn to before me at on this the day of April 2020, The regulations contained in Government Notice No. 1258 of 21 July 1972, as amended and Government Notice No. 1648 of 17 August 1977, as amended having been complied with. COMMISSIONER OF OATHS 01$ IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO. I In the matter between: KHOSA, MPHEPHU First Applicant MONTSHA, NOMSA Second Applicant MUVHANGO, THABISO Third Applicant and MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent SECRETARY FOR DEFENCE Second Respondent CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third ReSpondent MINISTER OF POLICE Fourth Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT Sixth Respondent CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT Seventh Respondent OFFICE OF THE MILITARY OMBUD Eighth Respondent INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent CON IRMATORYAFFIDAVIT I, the undersigned, THABISO MUVHANGO do hereby make an oath and state that - 1. I am a 36-year-old adult man employed at Dischem DC as an Inbound Supervisor and residing with my wife, Ivonny Muvhango and our children at Far Eastbank, 3885, Moeketsi Street, Alexandra. 2. I reside in the same yard with the late Mr. Collin Khosa at the abovementioned property. The late Mr Khosa is also my brother?in-law as am married to his younger sister. 3. was assaulted by the soldiers on Friday, 10 April 2020, accordingly I am the third applicant in this matter. 4. The facts and allegations herein are all within my personal knowledge, unless the context indicates othenrvise. To the best of my knowledge and belief, they are true and correct in all respects. 5. have read the affidavit of NOMSA MONTSHA and confirm its contents insofar as they relate to me. 60L gym?nn :65 L7 The Deponent has acknowledged that he knows and understands the contents of this affidavit which was signed and sworn to before me at ?5 TO on this?25the day of April 2020, The regulations contained in Government Notice No. 1258 of 21 July 1972, as amended and Government Notice No. 1648 of 17 August 1977, as amended having been complied with. Ag"; f/ OF OATHS COMMISSIONER OF OATHS (RSA) Sereku Daisy Lebepe CA (SA) Floor Marsh Building, 5th Street and Fredman Drive, Sandton, 2196 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO. In the matter between: KHOSA, MPHEPHU First Applicant MONTSHA, NOMSA Second Applicant MUVHANGO, THABISO Third Applicant and MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent SECRETARY FOR DEFENCE Second Respondent CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent MINISTER OF POLICE Fourth Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT Sixth Respondent CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT Seventh Respondent OFFICE OF THE MILITARY OMBUD Eighth Respondent INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent CON FIRMATORYAFFIDAVIT IOR I0) I, the undersigned, IVON NY MUVHANGO do hereby make an oath and state that 1- I am a 30-year-old adult woman residing with my husband, Thabiso Muvhango and our minor children at Far Eastbank, 3885, Moeketsi Street, Alexandra. I am approximately four months old. 2. The late Mr Collin Khosa is my older brother and before his death, we resided together at the abovementioned property. 3. The facts and allegations herein are all within my personal knowledge, unless the context indicates otherwise. To the best of my knowledge and belief, they are true and correct in all respects. 4. was present at all material time when the soldiers came to our house on Friday, 10 April 2020 and I witnessed the assault on Mr Khosa, Mr Muvhango and Ms. Montsha. I suspect that the only reason why I was not assaulted is because my husband kept on telling the soldiers that I am pregnant. 5. To this end, I have read the affidavit of NOMSA MONTSHA and confirm its contents insofar as they relate to me. {0 JDEPONENT ion The Deponent has acknowledged that she knows and understands the contents of this affidavit which was signed and sworn to before me at 5m OTQN on this {fa-he day of April 2020, the Regulations contained in Government Notice No. 1258 of 21 July 1972, as amended and Government Notice No. 1648 of 17 August 1977, as amended having been complied with. ,4 27-14" - OF OATHS COMMISSIONER OF OATHS (RSA) Sereku Daisy Lebepe CA (SA) 1st Floor Marsh Building. Cor 5th Street and Fredman Drive, Sandlon, 2196 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO. In the matter between: KHOSA, MPHEPHU First Applicant MONTSHA, NOMSA Second Applicant MUVHANGO, THABISO Third Applicant and MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent SECRETARY FOR DEFENCE Second Respondent CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent MINISTER OF POLICE Fourth Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT Sixth Respondent CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT Seventh Respondent OFFICE OF THE MILITARY OMBUD Eighth Respondent INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent CON FIRMATORYAFFIDAVIT I05 I, the undersigned, TEBOGO MOTHABELA do hereby make an oath and state that 1. I am a 26-year-old adult man and a part-time electrical engineering student at Unisa. I reside at Far Eastbank, 3838 Moeketsi Street, Alexandra, with my parents and siblings. As evident from my address, I am a neighbour to the late Mr. Collin Khosa. was assaulted and detained by the soldiers on Friday, 10 April 2020, as I explain in detail below. 2. The facts and allegations herein are all within my personal knowledge, unless the context indicates othen/vise. To the best of my knowledge and belief, they are true and correct in all respects. have read the affidavit of NOMSA MONTSHA and confirm its contents insofar as they relate to me. 4. In particular, I con?rm that on Friday, 10 April 2020, at about 17h00, lwas at home in my yard when I saw soldiers enter Mr Khosa?s house. I could hear some commotion, but I could not make up what was being said. 5. I waited to see what was happening, a few minutes thereafter, I saw Mr Khosa and Mr Thabiso Muvhango coming outside from the house being escorted by the soldiers. I took out my phone to start recording the incident. Both Mr Khosa 90L 10. I07 and Mr Muvhango were made to stand just outside their yard. Shortly thereafter. a marked JMPD Toyota Quantum/ or combi and a marked JMPD sedan vehicles arrived. The soldiers and JMPD members got off the vehicles and after a ?brief discussion? with the soldiers who were already there, the soldiers approached Mr Khosa and started assaulting him. Just when I started to record the incident on my phone, a soldier shouted at me and instructed me to stop recording, which i did. I witnessed the assault on Mr Khosa. In particular, the soldiers: a. poured beer on top of his head and on his body; b. one soldier held his hands behind his back, while the other choked him; c. slammed him against the cement wall; d. kicked, slapped him, punched him on his face and on his stomach and ?bs;and e. slammed him against the steel gate. While witnessing the assault on Mr Khosa, about three soldiers approached me and asked for my cell phone, of which I gave them. They fiddled with my phone and deleted my pictures and vid. Thereafter they started slapping and kicking me, one also hit me with his helmet and ordered me to go inside the JMPD Quantum, inside I found Ms. Glenda Phaladi, she is one of our neighbors. The Quantum drove away with us to the Alexandra Mall where the soldiers have set up what looked like a mini-operational base. On our way there was assaulted by the soldiers with open hands and fists. The soldiers kept on saying 6.3L MT 11. 12. that we must stop recording things as we are not journalists and we risk them losing theirjobs. When we arrived at the Alexandra Mall, Ms. Phaladi and I were ordered to get out of the Quantum combi) and get into a white Casper (commonly known as the "Hippo"). Inside the Hippo the soldiers kept assaulting us further. One soldier suggested that all our contacts on the phone list should also be deleted. The Hippo drove on the N3 south towards Edenvale. The Hippo stopped on the side of the road just before the Links?eld offramp, few minutes later. Ms. Phaladi and I were ordered to get out. Our phones were thrown onto the bushes on the side of the road. We recovered our phones and I called my friend, Nimrod to pick us up. i confirm that I also witnessed the assault on Ms. Phaladi while inside the Quantum and in the Hippo. I was terrified to go to the police station to report the matter and I could not go to the doctor to have my body examined. just went home. I later discovered that Mr Khosa died after the assault incident. DEPONENT The Deponent has acknowledged that he knows and understands the contents of this affidavit which was signed and sworn to before me at SENQTOU on this?thhe day of April 2020, The regulations contained in Government Notice No. 1258 of 21 July 1972, as amended and Government Notice No. 1648 of 17 August 1977, as amended having been complied with. 1 k1,: Sereku Bdlb)? 1st Floor Q??m 5th rerman gvr?FR OATHS Sandton, 2196 SW. Vi Kr IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO. In the matter between: KHOSA, MPHEPHU First Applicant MONTSHA, NOMSA Second Applicant MUVHANGO, THABISO Third Applicant and MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent SECRETARY FOR DEFENCE Second Respondent CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent MINISTER OF POLICE Fourth Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT Sixth Respondent CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT Seventh Respondent OFFICE OF THE MILITARY 0MBUD Eighth Respondent INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent CONFIRMATORYAFFIDAVIT I, the undersigned, KG 60L GLENDA PHALADI do hereby make an oath and state that I am a 33-year-old adult woman employed as a petrol attendant at Shell Filling Station. I reside with my husband and children at Far Eastbank, 3884, Moeketsi Street, Alexandra, Johannesburg. As evident from my address, I am a next door neighbour to the late Mr. Collin Khosa. was also assaulted and detained by the soldiers on Friday, 10 April 2020. as I explain in detail below. The facts and allegations herein are all within my personal knowledge, unless the context indicates othenrvise. To the best of my knowledge and belief, they are true and correct in all respects. have read the affidavit of NOMSA MONTSHA and confirm its contents insofar as they relate to me. In particular, I confirm that on Friday, 10 April 2020, at about 17h00, I was sitting in my house when one of my children came running inside the house shouting that there are soldiers outside. I came out and saw soldiers enter Mr Khosa?s house, I could hear raised voices, but I could not make up what was being said. I waited outside to see what was happening, a few minutes thereafter, I saw Mr Khosa and Mr Thabiso Muvhango coming out from the house escorted by the soldiers. specifically heard Mr Khosa protest about the vandalism on his car by the soldiers. (it 5 I then ran inside my house to fetch my cellphone so that I could record what I was witnessing. Mr Khosa and Mr Muvhango were made to stand outside their yard on the street by the soldiers. Shortly thereafter, a marked JMPD Toyota Quantum/ ?Combi?) and a sedan arrived. The soldiers and JMPD members alighted from the vehicles and after a brief interaction with the soldiers who were already there, the soldiers approached Mr Khosa and they started assaulting him. In particular, one soldier choked him, another kicked and punched him. While I was recording the incident from my yard, one of the soldiers approached me and instructed me to stop recording the incident. He then ordered me to enter the JMPD Quantum. While sitting inside the Quantum was slapped by another soldier. Thereafter, was later joined inside the vehicle by one of our neighbors, Mr. Teboho Mothabela, he told me that he was also arrested for recording the incident. Inside the vehicle we were ordered to unlock our cellphones and soldiers deleted all our pictures and videos and kept they kept ourphones. Shortly thereafter, the Quantum drove away with us to the Alexandra Mall, where it looked like the soldiers had set up a mini-operational base. On our way there, I was assaulted by the soldiers in the vehicle with open hands and fists. The soldiers kept on saying that we must stop recoding things as we are not journalists and we risk them losing theirjobs. 50L Ill 10. 11. 12. 13. When we arrived at the Alexandra Mall, we were ordered to switch vehicles and get into a white Casper (commonly known as the Hippo). When we got into the Hippo, the soldiers kept on slapping Tebogo and with open hands. I can recall one of the soldiers saying that he should also delete all contacts on the phone lists so that we cannot call anyone for assistance. The Hippo drove on the N3 South towards Edenvale, and eventually stopped on the side of the road just before the Linksfield offramp, after few minutes, we were ordered to get out of the Hippo. Our phones were thrown out on the bushes on the side of the road. We recovered our phones and Tebogo called his friend to pick us up. I was too terrified to go to the police station to report the incident. I also could not see a doctor to have my injuries examined. When I arrived at home, I took painkillers and slept. I later discovered that Mr Khosa had died from his injuries sustained from the incident. I confirm that I also witnessed Mr Tebogo Mothabela being assaulted both in the Quantum and in the Hippo. i also con?rm that I am acutely aware that at least three other community members who were close to me and witnessed the assault on Mr Khosa, however, they are terrified to testify by giving an affidavit to that effect. 60L ll) v.3 r~ 7" 15? DEPONENT The Deponent has acknowledged that she knows and understands the contents of this affidavit which was signed and sworn to before me at SQNO TON on this?26the day of April 2020, The regulations contained in Government Notice No. 1258 of 21 July 1972, as amended and Government Notice No. 1648 of 17 August 1977, as amended having been complied with. wit; ER OF OATHS COMMISSIONER Sereku Daisyr Let-ape (SA (SA) 1 1'5! FloOr Marsh Building. 5th Street and Fredman Drive Sandton, 2196 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO. In the matter between: KHOSA, MPHEPHU First Applicant MONTSHA, NOMSA Second Applicant MUVHANGO, THABISO Third Applicant and MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent SECRETARY FOR DEFENCE Second Respondent CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent MINISTER OF POLICE Fourth Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT Sixth Respondent CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT Seventh Respondent OFFICE OF THE MILITARY OMBUD Eighth Respondent INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent CONFIRMATORYAFFIDAVIT . 50 Wu "by l, the undersigned, NOEL BONGELA do hereby make an oath and state that 1. I am a 31-year-old adult man residing with my wife and children at Far Eastbank, 3885, Moeketsi Street, Alexandra, Johannesburg, where I am renting a backroom. 2. Notably, live in the same yard with the late Mr. Collin Khosa?s family. 3. The facts and allegations herein are all within my personal knowledge, unless the context indicates othenivise. To the best of my knowledge and belief, they are true and correct in all respects. 4. have read the affidavit of NOMSA MONTSHA and confirm its contents insofar as they relate to me. 5. In particular, I confirm that on Friday, 10 April 2020, at about 16h30 was sitting with Mr. Khosa and Mr. Muvhango in the yard when both of them decided to go inside their house and I then also went into my room. 6. At about 17h00, while in my room, I heard raised voices inside the yard. I decided to come out, I saw Mr. Muvhango and Mr Khosa being directed to go outside the yard by the soldiers. One of the soldiers had two beers with her. 50L MN 10. 11. I also saw a soldier vandalize Mr. Khosa?s car by smashing a gate against the car. I recall Mr Khosa saying to the soldier ?don?t scratch my car?, and the soldier said that Mr Khosa is not the only one with a car, they too have cars. i followed them outside the yard. Mr Muvhango complained as to why the beers are being taken outside the yard. The said soldier said she had evidence and she wanted to deal with Mr. Khosa and Mr Muvhango because they have an attitude. Mr. Khosa responded by saying that is not correct because the beers were taken from inside his house. Shortly thereafter, a marked JMPD Combi (that looked to me like a Nissan Pendula) and a sedan arrived. The soldiers and JMPD members alighted from the vehicles and after a brief interaction with the soldiers who were already there, the soldiers proceeded to Mr Khosa and assaulted him. In particular, I recall them holding his hands together behind his back. Thereafter, few minutes later, I saw the soldiers pour beer on him and slammed him against the concrete wall. At this stage few soldiers approached the onlookers with sjamboks, and we dispersed. I ran inside my room. Few seconds later, I could hear the soldiers back in the yard and approaching Mr Khosa?s house. I then heard Ms. Montsha scream. I tried to record the noises on my phone- After few minutes I could hear that the soldiers have left. I then went to Mr. Khosa? house. I found his wife bleeding on her face. Mr Khosa was inside the house as well. asked him for his car keys so that I could take his wife to 50L mm [lg ll) hospital. He gave me his car keys but then, him and his wife changed their minds and indicated that they would be okay, they don't need to go to the hospital. I then left to my room. This was the last time I saw Mr. Khosa alive. Ago-v? $6531"? DEPONENT The Deponent has acknowledged that he knows and understands the contents of this af?davit which was signed and sworn to before me at on day of APRIL 202, The regulations contained in Government Notice No. 1258 of 21 July 1972, as amended and Government Notice No. 1648 of 17 August 1977, as amended having been complied with. 91"? f/ OF OATHS COMMISSIONER OF OATHS (REA) Sereku Daisy Lebepe CA (SA) 1st Floor Marsh Building, 51h Street and Fredman Drive, Sandton, 2196 247/? 50 . ..uuvmu. ?011?.?ng .. -.. Sr W. it! I - Irm ATTORNEYS CONVEYANCERS Writer's Email: wlkus@ianleviit.co.za Our Ref STEYUMAT Dale 14 April 2020 To: Honourable President of Republic of South Africa, Mr Cyril Ramaphosa To: Honourable Minister Nosiviwe Mapisa-Nqakula Minister of South African Defence Force iov and inim??adodn?lza And To: Chief David Tembe Johannesburg Metropolitan Police Department Email: {Iauirligfg?johurgorqzq also Beryleaiobui-qoroza Dear Sir, RE: KHDSA MINISTER OF DEFENCE AND VETERANS AND THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT 1. We act on behalf of the following persons: 1.1 Ms. Nomsa Montsha. the life?partner of late Mr. Collin Khosa Khosa") Highly: I Ian Lou-iv. 8 Com, LLB HDip Tax Law {Wile}. Michael FF. -.1 IRAUL AEGISTED DY Jeanne E. Strauss LLB LLMJ Cert i~1 M: -I am r. I Wikus S'layl LLB (UP), Endiyah Samrod Com LLB Angelina: Charalamhous [3.00m . LLB (DJ) Tel Tim-321.10] Fax: {11) ran?31ml] 151:1 Floor. Of?ce Towers, Sandiur: Shopping {"3321th Linr Fliuonia is PO Box 783244. Sandlon? 2146 Dooex 54. Nelson Mandela Square Flaws-E Lavalj 5-3-1 TH For service in terms of Rule 421(1) email copy to: mini}; 15w} .. 31,133 SOL ?1.2Ms. Mphephu Khosa who is 68 years of age. and is a pensioner, residing in Tzaneen, Limpopo. She is the guardian of and looks after Mr. Khosa's minor children, being Wiseman (13 years); Loveness (12 years) and Gift (10 years). 1.3Mr. Thabiso Muvhango, who is a brother?in-law to late Mr. Khosa and is a victim of assault, as shall be explained below. Mr. Khoza and Mr. Muvhango were severely assaulted by members of the South African National Defence Force with the assistance of the Johannesburg Metro Police on Easter Friday at their home at Far Eastbank, 3885, Moeketsi Street, Alexandra during an apparent enforcement of the Covid-19 related national lockdown regulations. Mr. Khosa died shortly after the assault. A murder charge has been laid. Preliminary medical opinion is that the cause of death is directly related to the assault by the members of the SANDF. In particular we are informed that: 4.1 On Friday, 10 April 2020, at about 17h00, during the alleged enforcement of the iockdown regulations, Mr. Khosa was at his home with his family, when female members of the SANDF ("members") carrying a siamboks entered his yard and went inside the house; 4.2 The SANDF members accused Mr. Khosa and Mr. Muvhango of violating national lockdown regulations - this is after the said members had noticed an unattended camping chair and hall?full cup of alcohol in the yard. To wit, Mr. Khosa informed them that even if he had been drinking. that would not be an offence as it was inside his yard. it would appear that the said SANDF members did not take kindly to Mr. Khosa?s response and were agitated by such a response and proceeded to raid the house and con?scated two beers 5m SN lat from the fridge. They ordered Mr. Khosa and Mr. Muvhango to follow them outside to the street as they wanted to "prove a point? to them. 4.3 On their way out, a member of the SANDF damaged Mr. Khosa?s car which was parked inside the yard next to the gate by smashing the gate against the car. Mr. Khosa protested this act of vandalism. This further agitated the members of the SANDF. They then called for back-up enforcement which included a number of vehicles from both SANDF and the JMPD, with armed personnel. 4.4 We are further informed that, it is at this stage about three members of the SANDF arrived and were "briefed" about the incident by the two members of the SANDF who were at the scene. Without investigating the matter or enquiring from him what had transpired, they manhandled and assaulted Mr. Khosa in the following manner. In particular, they: 4.4.1 poured beer on top of his head and on his body; 4.4.2 one member of the SANDF held his hands behind his back, while the other choked him; 4.4.3 slammed him against the cement wall; 4.4.4 hit him with the butt of the machinegun; 4.4.5 kicked, slapped him, punched him on his face and on his stomach and ribs; and 4.4.6 slammed him against the steel gate 5. The incident was witnessed by some members of the Alexandra community. In addition. part of the above incident was caught on cellphone video which was circulated on the news and social media. Regrettably, some of the witnesses whom we consulted with. informed us that. while they recorded the incident on their cell phones. their phones were taken by the and the video recordings were deleted- These onlookers were also threatened with violence by SOL the SANDF and have been afraid to assist the family in the investigation of the matter. 5. Notably. during the entire incident, the members of the SANDF also assaulted Ms. Nomsa Montsha and Thabiso Muvhango who live in the same house as Mr. Khosa. Mr. Khosa?s door was also kicked down by a member of SANDF in order to gain forced entry and assault Ms. Montsha. 7. We are informed that, after the SANDF and JMPD left, Mr. Khosa was taken to his house. He later presented with certain signs such as vomiting, losing speech and consciousness and progressively lost his ability to walk and had to be rested in bed. We are made to understand that when the Emergency Services arrived. Mr. Khosa was declared dead on arrival. Preliminary medical advice received suggests blunt trauma which could have severely damaged internal organs and caused severe injury to the brain. The precise cause of- death will be examined during a postmortem. 8. As a result of the above incident a murder case has been open against SANDF by the Khosa family. 9. In our submission there is no justification of the actions by SANDF and JMPD in assaulting Mr. Khosa and others. 10. The conduct of the SANDF is an infringement of the Constitution. a. lt is a violation of the right to life of Mr. Khosa which is protected by section 11 of the Constitution. b. It is also a violation of the rights to dignity, protected by section 10, in respect of Ms. Montsha. c. Finally, the conductviolates section 12(1)(c) and of the Constitution. 11. Despite the national lockdown every South? African enjoys these rights. As per the provisions of section 37 of the Constitution, these rights are so fundamental that they may not be derogated from, even during a state of emergency. in failing to advise the soldiers of their duty to respect the rights of South Africans during the lockdown, and failing to take action against them when they have violated these 90 12. 13. 14. 15. rights, the Minister of Defence is also directly responsible for the violation of the rights mentioned above. We do not know the legal basis for the employment of the army during the lockdown. We ask that you should please advise us of the legal basis for the decision to employ the army. However, what has been mentioned publicly is that the army shall be assisting the South African Police Service to enforce law and order during the lockdown. Section 201 of the Constitution entrusts the President with the power to employ the army in co-operation with the Police. But it also requires Parliament to be informed of such employment, or where Parliament is not sitting, the appropriate oversight committee. We are also concerned that the conduct of the members of the army is not subject to any parliamentary scrutiny and oversight. In this regard, please furnish us with the reports which the President is required by section 201 of the Constitution to furnish to Parliament. We also refer you to the provisions of section of the Defence Act. 2002. In terms of this Act, any employment of the defence force, in co-operation with the SAPS must be undertaken in accordance with a code of conduct and defined operational procedures. Please urgently furnish us with the code of conduct and the operational procedures which are being used by the members of the defence force during this lockdown period. Wherefore, we are instructed to demand in addition as follows, as we hereby do that: a. SANDF and JMPD provide us with their full account of the alleged incident, this includes names of the members who were present and also involved in the assault, b. An undertaking that the SANDF and JMPD shall publicly condemn the conduct of their members; SQL 03 c. A report on what steps have been taken by the SANDF and JMPD in disciplining members who were involved in the incident; d. A con?rmation that such members be immediately removed from the public and be placed on suspension pending the ?nalization of the investigation; e. We understand that the conduct of the members of the SANDF has drawn widespread criticism. However, this incident shows that members of the Defence Force believe that they can act with impunity towards vulnerable and poor South Africans. We ask that you explain what steps will be taken to ensure that there is no abuse of power by the SANDF during the lockdown. It is crucial that we receive the information urgently in view of the fact that the President has extended the lockdown until the end of April; and f. In respect of the minor children, Ms. Khosa and Ms. Montsha, we demand an undertaking of financial compensation for loss of support, trauma, shock, assistance and any medical expenses that they have to incur during this period. 16. We eXpect a favorable response to the above within five (5) working days of this letter, failing which we hold instructions to take legal action in vindication of Mr. Khosa's rights and that ,of his family members. This will include but not limited to approaching the High Court for an appropriate urgent relief. 17. We look forwayd to your urgent response. ?rr ?4 I i Yours Faithfullyta LEVITT .52 ll GREEYS PER: STEYL SENT Engftomcva mm raseeroru: ungraLeo 5-H lag, l' . Of?ce of the State Attorney Pretoria Private Bag 91 PRETORIA 0001 Enquires: MS LB TSHIVHASE Email LTsIuv?a?Eg?J Hence nou :53 f:?luligrrig:mei?rijggmaul pom 316 Salu Building Francis Beard 8: Thabo Sehume Street Ground floor Tel: (Stirlichbcard): (012': 1500 {Direct ?013 309 i?tl'r? (Secretary) i0i2'1309 1515 Fax (General) (012) 309 49/50 16 APRIL 2020 My ref: TSHIVHASEIZ73 Your ref: STEYLIMAT TO: IAN LEVITT ATTORNEYS 197? FLOOR, OFFICE TOWERS SANDTON SHOPPING CENTER CNR 5TH STREET SANDTON BY EMAIL: wikustEDianlevitt.co.za RE: KHOSA MINISTER OF DEFENCE AND VETERANS AND THE JDHANNESBURG METROPOLITAN POLICE DEPARTMENT 1. The above matter refers. 2. We con?rm that we act on behalf of South Africa, Mr Cyril Rzimuplmsu and the Honourable President Of the Republic of the Minister of the South African National Defence Entree: Minister Nosivawe Mapisa-Nqakula. 3. We acknowledge reCeipt at your letters with reference: STEY LIMAT, dated 14th April 2020. The contents nl't?nese letters are noted. We wish to respond :15 fellows: we so a. At this stage we are unable to admit or deny any allegations, as we do not have all the facts regarding the incident. It is also tor this reason that we are in no position to make any commitments. b. The ?nalisation of a formal investigation into the alleged incident is awaited. c. On the issue of employment, the employment of the South African Nation-.1] Defence Force Was authorised by the President in terms of section 201 (2) of the Constitution, W16 and section IE (I) of the Defence Act, 2062 (Act No. :12 of 2902}. for service in assistance ot?other State Departments and border line eononI in combating the spread of I 9. The proper procedures in this regard were followed. 4. We trust you will ?nd the above in order MS TSHIVHASE FOR: STATE ATTORNEY (PRETORIA) {Not signed due to electronic transmission) sol, s" 21 April 2020 Dear (Jo-Chairperson, EMPLOYMENT OF ADDITIONAL MEMBERS OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR SERVICE IN COOPERATION THE SOUTH AFRICAN POLICE SERVICE On 25 friars-'1 2-,320 I authorised the unmitiymenl of 2829 members of the South Attica Natmml [Ll-:lcnce Four-r it? a service In anetapetalum math the South African Police Service in order to maintain law and order. support other State Departments and to control our border line to combat the spread of in all nine provmces. The outbreak of continues to increase with reported cases across the Republic of Scutl't Africa. As a resutt. I have decided. in terms ol Section 201p!) of the Constitution oi the Republic at South. 1996 am: Se-ztirzn W. (1) ol the Defence Act. 2:082 (Act 42 of 2002: to employ an additional Unfit] I'nemhers ol the consisting of the Farm. Rusurw: Furor;- and Auxiliary Force. The employment of the additional members of the SANDF is for tho period 2 April 2020 to 26 June 2020. The revised expenditure expected to be inCurred for the employment of members of the SANDF is 4.590.393.940.00. I will communicate this report to members of the National Assembly and the National Council of Provinces and to request that you bring the contents hereof to the attention of the Joint Standing Committee on Delmar]:- 4' Yours I I . I. Mr ?atamala Cyr?rf?amaphosa President of tho Rapubllc of South Africa Mr Cyril Xaba. MP Co-Cheirperson ot the Joint Standing Committee on Delence Parliament of the Republic of South Africa PO. Box 15 CAPE TOWN 8000 5" :97 WK NV. - dull-HulaL3L. .4 g? I - 'l?v . L3 4 . FOREWORDBY THE MIMSTER OE FROM THE. AQIINEEKEGUTWE . DEFICIAL SIGN-OFF PART STRATEGIC OVERVIEW Constitutional Mandate . Other Mandates 1.- Ll- Perfartnam A a; EEVISIDNS T9 LEGISLNWEMO 0mm names . . 3 EXPENDIIHRE. FRAMEWQRK. (MIEF) wearing; g?matts: 2019.12020? RDZIJZZ 3.2 Ralaijng Em?gnditure grand: to Simtgluz?ulnom?eronemed Egals FRET. El Ldpnoanmm 1: 1 Human: 4.4-1 Dwaiimerltal Midi! ?nam $521191;- Carmle ?3 W023 Mummqgatlm- 39g Sty-beg]: anq?nnuql. Targ?ts fa! 2019!?an tng??l?z .4-3 Win")? Eadarmm ln?qa?and far. 291942020 to 202112.922? 4.4 Duaumly Target Planar-Hm: Mullahs; Tamc??'fith .. . . .. 4-5 .10 5.153951%: Goals and 5. magnum; 2_mvss1llr;mwu mm 5.1. Funme imm?mawmt . 5.4-2. lnyaa?sa?on Serving; 5.2 {smtogippbjacum gag An?ggl Laurens 135 2019:2029 lo 202 1:21:22 . 6.3 Perfannanoe Indicators and Imuual Targets fa; 301312020 39 5.4_ Dun?erj?v Tamas for 20152020 5.5: lager. mm Hg Egan-n ?irf 1.52 Hamlin: wsu??umu ma I9 mas-1;. Gimme?f "wind ?nal; and 5. .. 3.-- t'mpmn mg; I mliiwa? 9:12 Quantum 54.3 lnvg?gu?nn Advisory Sarita 542 Strays? Olgactw_w_3nlual Targgt: 19f 201 932020 to 2021,92 5.3 Flagram mg Fgrlunnunce Indicator; and Annual f9! 139 .- 6:4 Erwin; emergm 6.5 Reconciling Pe?ormancg withihe Bu?ggt and MTEF Relating amnditure tit-11p; tp Wanna-Oriented Goals and Mum-Hum 7 . f?oeagmw 4; MONIIUHING mp MMAGEMENI 1,1 Pumas: . 1.1.1" Swimmer Management 1? azutegic {Emmi-n1 Maya] {arg-th?lur 9513:2923 :u Eli? I mar-2 7.3 Pmyamme Indium: and Annual Targets for 201912020 to 202132022 7-4 Pmamwye Lnd'canIE in? warm; [mm 15 __R?cm_1ciling m?omnnge gargus with the Bugga; MTEF IS Relating aipgndi?lre handy? Strategic. Outcnme-Dnanted Gods and Pariarmann Indicatm mm C: LINKS TO mum 3.3115 pgl?gtl?ig?l. INQICMUR DESGBIEIIQQI 0F AQBONYMS ANNEXUBE a: 19.- PLAN ANNEXURE B: UPDATED STRATEGIC RISK REGISTER FOR 201912020 We come from a period in which our people were robbed of their dignity by the apartheid system, especially the use of the police to prop-up the apartheid regime. That is why more than sixty years ago the Freedom Charter, set out a vision of the police as helpers and protectors of the people". The National Development Plan (NDP) echoes a similar vision for our country's police. I am on record as having said that the police must do all they can to protect our communities from criminals. There is no room for criminals in our society.0ur country will once again choose a government that will run the country for the next five years. The priorities which will be core to that mandate will form part of our plans as government institutions. This goes for all our policing institutions, including the Independent Police Investigative Directorate (IPID). We will draw inspiration from the various authorities to inform our planning, from the governing party?s manifesto to government priorities as per the medium term strategic framework (MTSF) to cluster, priorities etc. Citizens of our country will hold us to account based on the plans we have put in place. In my recentengagementwith management, I made it clear that we expect the IPID to investigate without fear, favour or prejudice. If I . ,1 GENERAL BH CELE MINISTER OF POLICE Sn w??"Ems-1.. 3d 3 . We also expect to speed up its investigations to ensure that those who are under investigation are brought before the courts speedily and expeditiously. I trust that IPID will work hard to improve the quality of its investigations and recommendations. It is only by doing this that the efficiency of the criminal justice system will be reinforced. If we all do our work diligently, the dignity of our people will be restored. . P?l? . . I at: .5 icy rr_I sane more hen I was anointed as hating Director on {it March iul'j. 1 stated that the licensndent Police investigative Directorate thID) will not change its commitment to conduct independent and impartial investigations. My appointment comes at a time when the has made a name for itseit as a formidable lighter against police criminality and corruption. This hard earned reputation will continue while i am hoidingthe fort. This is because we all realise that the plays a crucial role in the fight against corruption and other offences - this role will not be diminished by the departure oi the former ED. The has a presence in all nine (9) provinces with a limited number of smell District of?ces - some having been closed due to a limited budget and a heavy burden of accruals. i am pleased to announce that we have managed to clear all the accruals. We continue to face the chailengeof reaching all complainants and crime. scenes of alleged police criminality. iitasl. distances make it dif?cult to respond swiftly to crime scenes and investigations. In some provinces. it is near impossible to preserve the integrity of crime scenes due to the long distances travelled by investigators to reach those crime scenes. As a result. investigators spend most oi their time travelling rather than rrwestigeting. This situation attracts the effectiveness at investigations negatively. Notwithstanding the aforesaid challenges, we are equal to the task and we will do our best to give the best service to our communities. We will work with all our stakeholders to ensure that the work that was started in the past continues at full speed i that it is business as usUal. We wrii continue to investigate cases and bring errant police officers to book. We will continue to arrest those who abuse their newer and bring them belore the courts. This we will do without any fear or faVour. One of the projects that has been on our tobie for some time and which We went to ?nalise swiftly is the fol] implementation at section 23 ot the Ftct. Which would bring the salaries end benefits of our investigators on par with those of SAPS detectives. iris MR v'o SENNA ACTING executive DIRECTOR - 50L Tris We have made significant progress in this regard but we will not rest until we have achieved full implementation and our inVesti gators receiVe what is due to them. This being an election year brings some Uncertainty in regard to possible changes that mayI come with the new administration. Some priorities could change. Some could get a different emphasis. We do not expect our core mandate to change and this is reflected in our plans as set out in this document. As the iPlD. we have aligned oUr programmes with the various strategic frameworks that guide our policy positions. The entire iPiD team is committed to live up to the high standards expected of us by South African citizens. on, I .5 - It is hereby certified that this Annual Performance Plan: Was dBVEIoped by the management of the Independent Police Investigative Directorate under the guidance of the Executive Director. the Minister of Police and the Deputy Minister of Potice. Takes into account all the relevant policies, legislation and other mandates for which the Independent Police lnvastigative Directorate is responsible. Accurately re?ects the strategic outcome-oriented goals. objectives and targets that the Department will endeavor to achieVe over the period 2015?2020. MR SETSH EDI ACTING CHIEF FINANCIAL OFFICER MS 8 LETLAPE OFFICIAL RESPONSIBLE FOR PLANNING MR V0 SENNA ACTING ACCOUNTING OFFICER by: GENERAL BH CELE. MP Signature: Independent Police Investigative Directorate SOL A ?m 11'3? 3 #571513}. Kim A'1.x. ?.23 .2 3?.th I - - .. Vision An et?r-ctlve independent investigative oversight that ensures pointing that is to promoting respect for too rule oi law and human dignity. Mission To conduct independent, impartial and quality investigations of identi?ed crirn-r-ei offences allegediycommitted by members of the South African Police Services (SAPS) and Metro Police Services liviP?ii. and to make appropriate recommendatziros in line with i'ti- ii-?iD Act. whilst maintaining the highest standard of integrity and excellence. Values The adheres to the highest standards of ed'iicai behaviour through the continuous application of our values. The following values are the core from which we operate and respond: independence and impartiality - Mutual respect and trust - Integrity and honesty - Transparency and openness . Equity and fairness Courtesy and commitment Strategic-Outcome-Oriented Goals The Department's firur bit strater-c-otrrmine-oriented goals are: - The is an abortive o- ersight body The investigates cases ei?ieclivety and efficiently The police service is responsive to recommendations The is accessible to the public Constitutional Mandate Section 206(5) of the Constitution of the Republic of South Africa makes provision for the establishment of an independent police complaints body and ttlr'irlates that "On receipt? of a complaint lodged by a provmmi executive. an independent puiice complaints [only established by national iegislatrot? must investigate any alleged irrisc-cirrcluct of. or offence commute-ti by. a member at the police services in the province." Legislative Mandates Tire laden; til-'rt Prim-'- Directorate iiF'iD] lie. I 11' . o?ig" tn rum-term sectr-tr. itl?itll Hi the [In raining trailer-3c inn: oi the SAPS Lot-.1 . MP8. The resides under the Ministry of Police and functions independently of the SAPS. The Act empowers the Department to investigatn offences listed hereunder. allegedly cornirritted by the SAPS air-.- the MP5 members. 30L Section 23 (ll of the Act: la] Any death in police cpstoov (bi Deaths as a result oi police sirens; (ct Complaints relating to the of an officiai iirearm by any Police officer; Rape by a police officer. whether the police oificer is on or off duty; lei Rape at any person in police costar:- Any complaint of torture or assault irrairtst a police of?cer in the execution oi his or her duties: Corruption matters within the initiotvu Itrthe Erecutive Dirrctor. or alter a compiairt heir. a of the public or referred to the Department by the Minister. MEC or the Secretary for the Police Service: in) Any other matter referred to the as a result at a decision by the Executive Director or it so requested by the Minister. an MEC or the Secretary for the Police Service as the case may be. Section 28 (2). the Depart'ttent may investigate matters relating to systemic corruption involving the police. Section ?jiiv . any police other who fails to comply with section :31: guilty of an rilierice and liable on conviction to a?ne or to for a period not exceeding two years. Other Mandates The water: 2030 of the National Development Plan director 1.2: building safer communities; is that people living in South Africa lt?htl safe and have no tear oi crime. The core mandate of the contributes towards the realization of Outcome 3 as outlined in the Medium Term Strategic Framework 2014? 2019. namely: "All people in South Attica are and feel safe". The contributes to the achievement of NDP priorities by conducting inrlepend-z-nt and impartial into allegations oi criminality against matricers oi the SAPS anti MP5. Titer-zreiit-i-r. altru'iir policy to the Minister of Police; and refer ruminat door to the [rational Prosecuting Authority for decision on whether to prosecute or not. independent Police investigative Directorate BL gm:- 3% 1. UPDATED SITUATIONAL ANALYSIS The management convened two departmental strategic review sessions to deliberate on the department?s strategic direction. review post and current performance to ensure alignment between resources and targets. These. sessions were attended by senior management hunt h'ith provincial and head of?ce. Fin environmental scan was also conducted through SWOT analytical tool to identify key externat and internalr [actors that should be taken into consideration when planning for the next Medium Term Expenditure Framers-on: period. The Department will endeavour to remain sustainable as a result of the identi?ed and opportunities. 1.1. Performance Delivery Environment The 2018 Budget Review announced large-scale expenditure reprioritisetion and taii notably a one percentage point increase the VAT rate. Over the medium-ten" expenditure hamework period. government will maintain the main budget expenditure ceiling. Funds will as to manage spending pressures and support the President's economic stimulus and recovery plan.? Since the inception at the independent Police Investigative Directorate. the allocated budget has not been able to meet the demand to enable attractive cttESUil?n of its legisiritive mandate and operational independence. The constrained govemment?s tiscus has also had an adverse impact to the Department's hudget allocation. In the previous financial years. the Department experienced extensive budget cuts. As a result. its resources were extremely constrained affecting its Operations. These constrained liscal envelope, gave riseto accruals amounting to R53 million in 201d! 1 ii. REE million in em Eil?. R218 million in 2016417 and R293 million ir which are mainly attributed to contractual obligations and travelling expenditure when conducting investigations. However; management has put measures in place to reduce the amount at accruals over the MTEF period. Due to constrained financial rasources the Department was unable to provide a conducive working environment for the investigators who are responsible {or driving the Department's core mandate. The dilapidated Information and Communication Technotogy infrastructure attested the etfecuveness oi the Case Management System Which is used to process cases and record keeping of investigation case files. Furthermore; working tcols such as vehicles. investigation equipment and computers were inneeriuate to enahie attaching and elficieni investigation of cases. All these put a on investigators . com petting them to work overtime and not being able to take adequate leave days in en chart to improve penoirnance. Although some work commenced in the 2013(2'019 financial year. management has. prioritised improvement ol the working environment over the MTEF period. SOL - .t taking ii~ti: the available human resources. rinse-time": shit avert-ring tools. we wiil locus till investigation of serious and crimes. which ineluhe agiteiizi: corruption deitlt :1 i??.iill -'it i ate: iitluiri. oealii in pill-2v mislcicy, tape to, a pill: nits-"ii. roli-r i-i F-?tllfi? custody and loituie. The Katie ti-zti'ivi a tin ii! i est- licet tier:- and crises seine-z: ever 5".11' the previous- year?s loathing: Tire liir thi- ml the: increased li-i 21.32. This may also trial to .i workload l'l 1r?- iievi financial year. as all active cases will more In he cannot OVER 2014/2015 10 657 2015!?016 10 695 2016f2017 9 513 201772018 F) 09? 2018/2019 11 955 Table 1: Totat Workload The reliance on other Institutions loi technical assistance is one at the contributing hunters to tract-ting cases. The delay in technical reperls attach; o1 eases. Although investigation is concluded. a technical ir-Liuii I5 request: In order tr,- cniltplE-le ti case. it Is in this ie??ant lhilt management has commenced with the review of the iPlD Eipansion Strategy to ensure alignment to emerging needs and the operational The Strategy hao previous received support from all relevant stakeholders. yet could not be tended. The management will continue to advocate for its funding. In the the Department had prioritised partial implementation of l?ict eerie-tin 23 which exriiesses remuneration and henetits at investigators. The inability the Deceitineiit to hilly implement IPll?l i'vrl section 23 was met with dissatisfaction by investigators which is also attesting tneii inc-sale. During the current tiiTEI? period are: inaiiaghileht will endear-5i to conclude all necessary rescues-run: .iriiE agreeiicnts with the relevant stakeholder to ensure loll implementation oi IPIU Act section '23. The four [Oil] activities iistet'l heiuvv are n: the coin of the cm emotional and legislative mandate of the and are critical lot the department?s attractiveness. regrettalz-iy tlti?; are still notfunded: Full implementation of amended Act. in hiding L-E?ll?ll '23 Full the "?10 Eltlal?l'il'ltl Strategy which is mien-led to :ne plan: on for and district Full ol the Commission Report which ariitiutgnd the operational independence oi iPlD from SAPS Fuli implementation of Strategy - -- -- . afar-.1 'tt The Intends-Cl ?r?eiilvoiu?r-lu esistefice Lil is that [nil-hr; confidence in the criminal justice system will be restored. specifically SAPS and MP3. Also than human dignity be restored and that the rule of law be upheld. is at the forefront of lighting against corruption. lnauenuate resources ins: effectiveness of the in executing its consulnirnnai and legislative mandate; and realisalion of the NDP vision. "people living in South Africa feel safe and have no fear of crime". 1.2. Organisational Delivery Environment The is committed to deliver on its legislative mandate with the purpose of contributing tOWards a police service that is trusted by the community and operates in line with the principles enshrined in the Constitution of South Africa. Service Delivary Model of (Provincial and District Offices) The structure consists of a National Office. nine (9) Provincial Offices and four (4) District Offices. The District offices were established to improve access to services; but due to the dire financial situation of lPlD. a strategic decision was taken to close District Offices. A total of five (05) District offices have since been closed; Eastern Cape. Northern Cape. Free State. Kw -Zulu Natal and North West. respectively. This was done to fE-dlrect budget from these satellite offices to fund pressures. However. is engaging Thusong Centres to acquire office accommodation that is affordabie to ensure accessibility of services. Provincial Offices comprise of a Provincial Head. Deputy Provincial Head. investigators and administrative staff. this is not sufficient because the SAPS has 1 146 police stations? The ges'igrapincal location of some of IPID offices malres it difiiculi for ordinary citirens in rural or farafetcheu areas to access its F-iil vices. The - triadic- of District o-?iiccs bar aggiavalv-il the situation. in addition. this geographical location necessitates extensive traveling for investigators. thereby requiring and exhausting the greater part of the budget on traveiling and accommodation. Human Resource Capacity During the establishment of the ICD. the Department of Public Service and Administration (DPSA) had conducted the human capacity assessment which had recommended a total of 535 personnel. in the the lPlD?s staff establishment was reduced trom .itt'i to 383 as a result of expenditure ceiling that was pn'. on Compensation of Employees which led to treating of posts. in the financial yea.- the organisation's structure was reviewer: and 27 additional posts were ndded by creating 24 new posts and unfreezing 3 unfunded existing posts. The staff establishment was therefore increased from 388 to ti-lS which is subject to concurrence by the Department of Public Service Administration These posts are aimed at strengthening internal controls to address majority of Auditor General at South Africa (AGSAT auditfindings in different Components. 50c ?r Ilka nurnnv-v i91 wirri ti and a total of Bi] on Shit-J level. The is not adequate consiuern up, the demand for services. The capacitv needs for peizonnel and the recurred support staff are ud??tl?iel?; addressed in the proposed Expansion Strategy. The Department has been experiencing a high turnover rate particularly at Ei'ir; salary leveis. lunior and mini. management due in salary levei' that are lower as compared to other government departments. The iEJC'ri. of succession planning. non- impiemehralion of Retention Strategy. high workload and non? implemenlation of Act Section 23 were inornilied as some of the contributing factors to the staff ltlil'ii'J'v'uf. However. the strategies listed below were adopted to address this challenge: Development and implementation oi Upward Mobility Plan Internal advertisement of posts for level 5 to 12 to encourage internal promotion implement Strategic training interventions for management and support staff Implement special investigation training interventions for investigators Operational Independence of IPID The operational independence of is hugely dependent on adequate resourcuig of both financial and non-financial resources to effectively irnpleineni its mandate with independence as a core vaiue. At the core is the need for to have its own capacity to fully investigate cases including technical support. forensic and ballistic experts However due to limited resources. the Department still relies on SAPS and other state organs for this expertise which may compromise integrity of investigation. independent i3 Organisational Structure The structure or PM) is as follows: :?aGh?IPfsmes?ton u' .I . . 5 "211"? L: 660-1 . ~1:1 . nF'eStieqtl?n" :2 kl" dJnIorntation? amines oar: tlv.? 4? - . .?i'ii "n '2 . 3 .iffguaquxzig . . - v?vsi'aue'nhldeEment- If." 7.. Jeff?" . - If-Manaa. 14:1; 2. REVISIONS T0 LEGISLATIVE AND OTHER MANDATES In the Watershed Gmtitutlonal Court judgement {McBride The amended IPID Bill hoe gone through the'National Minister of Police and ?ned-tar (0072551571 ZAGG 30; 2016 processes and is eunantly. before the National Email at Provinces -8ACR 5351180): 2016 [11) BCLR 1393 (5 September Z?l?lthe tor plmessin?g and ?nalisation. Tandem to this W255. legislature was given 2'4 months to amend the lFiDMt in was? the National assembly approached the ?onstilutional Court for to cure the defects In the Act. The amendments were e?ected in extension of the. 24-month parlod of amndment; however, there line with the judgment that; furth?r reinforced ?ruuhlral has not been 2 respond from the Constitutional Court. and operational independence. 3. OVERVIEW OF 2018/19 BUDGET AND MEDIUM-TERM EXPENDITURE FRAMEWORK (MTEF) ESTIMATES 3.1. Expenditure estimates: 2019/2020- 2021/22 um expenditure and I. ?xlnlin?rsimllun 2. Investigation and Management 3. Legni and Compliance Iziomtonng rand Slalmh?omer Management Estimate . h, . . tau-(541' .. . .. . mullinn 201mg [entails-?zones; auntie motel 52mm: 2:113:19 - 2021M 1 mu I 1.4% 31.2% 107.6 113.4 120.3 we easy?v. ngmnune 2 194.5 3.31;, 53.33; 205.0 -221.-2 zed-.3 6m; 511.5% Programme 3 5.3 2.1% 'r I: an 3.5 114.1% 2.2% a. 12.4 40.23%.- mo 115.? 1 1.9 1mm. 3.32. Total 315.1 10:39:; moon. 335;: 359.4 381.6 6.6% 100.0%; Chung? to 2013 - - Budget estimate Economic classi?cation Current payments 305.? 9.8% 93.6% Compensation of 197.4 7.3% fair. on. employees Goods and services 109.4 14.3% 33.2% Transfers and subsidies 0.8 133% 0.4% Departmental agencies and 23:931. 0.2% accounts Households Payrn unis torcaplrel assets Machinery and equipment Payments tor. ?nancial assets 3.2. Relating Expenditure trends to Strategic Outcome- Otiented Goals Chapter 1? ol the National Development Plan calls tor building eater communities in South Africa. this is given expression by Outcome 3 ?all people in South Africa are and feel safe" of government's 2014-2019 Medium-Term Strategic Framework. The sort: of the Independent Police investigative Directorate is directly aligned with this Outcome as the Department seeks to ensure that all people in South Africa live safely in a society tree of corruption. and with an independent and fair criminal iustice system. Over the medium-term. the Department will focus on investigating serious and priority crimes outlined in section 28 at the independent Police investigative Directorate Act {2011]. and providing the necessary tools of trade for investigators through the strategic reprioritisation of funds. Due to the nature of business which is labour intensive. Compensation of tCoEl is the Department's largest cost dr-ver. accounting for a projected 67.2 per cent orillionl of Its total budget over the i'd'i'EF period. Spending on Col-I '5 expected to increase at an average annual rate of in par cent. horn RlElNi million in ?lm 3119 to million an Eil?r??. This increase rs doc to cost at living adjustments and toe tilting of 11 tunded vacant posts for investigators by the End of 2313MB. Investigating serious and priority crimes Serious and priority crimes include. but are not limited to. corruption, systemic death as a result or police action. death while in police custody. rape by a police :illicer whether on or oil dirty. and rape while l.'I police custody. the need l'i?FiltliiEli oversight try the Department on the South Airrcorr Police Service was underscored by the increase in case; at corruption reported to the directorate heir-rec." 2015i?; and 'r?r'lB. Dillili? il?lf. . 330.5 . 353.1 228.8 246.5 llii I 112.3 30.9% 0.8 0.8 0.9 4.2% 0.2% {i3 0.9 EH5 0.2% period. the Department received fill cases at corruption for investigation. of which 252 were decision ready by the and o: 141)] i?r? 15 and handed over to the South African Police Service and the National Prosecuting Authority for further processing. Based on historic performance the Department expects to have 180 decision ready cases over die medium-term. Investigations of senior police are sites met with resistance, including counter-litigation which increases the Department's legal costs and places pressure on its operational capacity. Doc to limited personnel capacity in the Legal and investigation Advisory Services Programme. the Department makes use of private attorneys to assist with all litigation cases. in order to curb the use of private attorneys, the Department has gone out on a tender to appoint a Panel of .i?rttorrieys. The Departn?rent's overall expenditure on legal services is expected to increase at an average annual rate of 2.1 percent. lrorn R5 million in 2018i19 to R53 million in 2021/22 due to the volume of cases being investigated. In 2017/18. deaths in police custody and as a result of police action constituted 11.3 per cent (63? out of 5 651) of the total number of cases reported to the Department. Of these. 275 Were decision ready and forwarded to the National Prosecuting Authority and the South African Police Service for further processing. Over the medium term. the Department plans to ensure that at least 450 cases at deaths while in police custody and 390 cases of deaths as a result of police action are decision ready. To achieve these targets, the Department will strengthen its investigative capacity by filling all 11 vacant funded investigator positions in the Investigation and information Management programme by the end or? the iirst quarter of ZDIQFQO financial year. resulting in an increase of 9.3 per cent (R583.5 million) in spending on compensation of employees in the programme over the MTEF period. Independent Police Investigative Directorate Providing the necessary tools of trade Overthe period. the Department continue to s: rengthen its: .T-il'l InvestI ga?. Izeses cf :Iimes II- L-g; 0i iiIr-I senile-3. To this an: :iIe tI-?ii inv-LI the necessauy tcols of trade to effectively 0e n?orrn :heir duties by procuring investigative and transport equipment. in he; the Depa IL IEIH-Ii?niliset R7 6 ave-I the Mai-ii -IIrnr'InI on and subsist: marl other and l; to mending II assets ar- IJ re lie-mt equ iDi?Iiri?Ii Programme 2: Investigation and Information Managementil'c'm? . I cu I-L: 1: 3m. 5 this wiil enable the procarement of 30 vehinles and investigation nt {speciaIIseII cameras and IaecIrI-Jing equipment) over the term. PIaCIIring vehicles than renting them is l- ?l'rt ellutlurn. if? mu marnlennme. .I. eitl it: II 1hr.- TiIe mp: In arc-I. I ItiLIsIngItuwII satellite rIilILu' II Fat. un Car I:.fi or: I. Cap-I Freestate. ham] and North West: as th. {Department cnIIid tangersustain their casts. A total at 15 parsmnei who -rc- located in Ices were redeployed to the respective offices. As such. performance targets for ail cases. related to investigation remain constant over the medium term. g. 7: 35?. r3." . ?gawk- 'l . #3 {iv - ?rd. ?0 'v1 y'?14} . - - - sumpugfangmi?rmus u: . .6134 it .- xx. To effectively and efficiently deliver on our rriandale. our act and priorities are organized according to the following budge! programmes: Programme 1: Administration Programme 2: investigation and Information lvlanagernent Programme 3: Legal and Investigation Advisory Services Programme 4: Compliance Monitoring and Stakeholder Management 4. PROGRAMME 1: ADMINISTRATION Programme 1 activities are guided by the following key legislative framework; Public Finance Management Act (PFMA). Preferential Procurement Policy Framework Act Treasury Regulations. Public Service Act lPEr?tl. Public Service Regulations (FSR). Labour Relations Act, Skills Development Act. Employment Equity Act. Basic Conditions of Employment Act, ?iivemment lmmoveble Asset Management Act National Archives Act. Minimum Information Security Standards (MESS), Public Administration Management Act Promotion of Access to Information Act (PAIA) and etc. 4.1. Purpose Provide strategic leadership, management and support services to the Department. The Programme consists of the following five sub?programmes: 4.1.1. Departmental Management This Sub?programme provides strategic leadership. overall and management and strategic reporting to the Directorate and ensures overall compliance with all relevant prescripts through the following components: Executive Support: Provides strategic supportto the Executive Director of the IPID. It also provides administrative, logistical and secretariat services and coordination of activities in the Office of the Executive Director. Corporate Boyernance: Provides risk and ethics management services and ensures compliance with laws. regulations and other prescripts. Strategy and Performance Monitoring: Responsible for implementing effective organisational strategic planning. performance monitoring and reporting processes in line with relevant legislations. It also conducts evaluation to improve department's performance. Vetting Services: Provides ore-employment screening as well as information gathering for existing employees in order to obtain security clearances in line with the IPID Act. Labour Relations: Manages labour related issues by coordinating orderly collective bargaining and effective resolution of employee labour disputes. Security Management: Provides Security Management Services by developing and supporting the implementation of security policies. systems and procedures. it provides access security, information security and physical security and monitors the implementation of information technology policies based on Minimum information Security Strand-lids, Minimum Physical Security Standards and the Health and Safety Act. 4.1.2. Internal Audit This provides and consulting SeiViceS by conducting risli hosed audit renew: and performing aduhoc requests. r1.1.3. Finance Services This Shh-progreirime ensures the establishment and iini?iiernentalion of srieiegrc line-ice to Sound lrnanctal management, accounting. procurement, provisioning and related internal controls ii? compliance unlit relevant legislative renrirrcments. The subprogramme consists of the roller-ring components; Office of the Chief Financial Officer: Provides strategic support to the Esecu?ve Director and core service delivery Programmes, pertaining to ?nance services of [he monitored. The Component provides effective leadership and ensures the establishment and implementation of strategic finance. for the achievement of departmental objectives. This Component provides leadership to the Finance. Supply Chain Management lSCtill and Asset Management components. This component also provides strategic support in the implementation. of relevant Act financial management imperatives. Finance: Provides for the establishment and implementation or sound financial management. expenditure and bcdgetary management, accounting services. cash-llow management. ?nancral reporting and related internal control systems in compliance with relevant legislative requirements. It also assists the Executive Director in irirplementing the legislative imperatives as provided for in section 7itital. section Will lb}; section 3 tittlai and section of the Act. It critical finance support to all --rvrce delivery units vicinin the department he the achievemeni of depnrlirienlal objectives. Supply'Chain and Asset Management: Provides tor the establishment. and implementation at provisioning. procurer'rent. asset management and related internal control systems. in compliance with relevant legislative requirements. It provides critical supply chain and asset management services to [he Department and renders efficient provisioning services which contribute towards the attainment of departmental objectiVes. 4.1.4. Corporate Services This Sub-programme provides SUpport services to the Department as a whole through the following components: Human Resources Management and Development Services: Provides human resources management and development services through the development of hornen resource policies and strategies. It ensures the alignment at the organisational laws niftn?ilr?: to hire Lirategrc Plan. I: is responsible for rendering efficient and effective human resource administration minutes. It promotes the optimal development and utilisation of human resources and co-ordinates the employee health and wellness programme. Information Communication Technology: Provides communication services by developing. implementing and maintaining Information Communication Technology Strategy and advisory services. it is responsible for development and implementation of a Master System Plan and Strategy i?or lniormation System Security. It develops. manages and co-ordinates website. intranet and integrated ICT infrastructure. It also pi?ovides Business Continuity services. Auxiliary Services: Provides record management services, manage fleet services. render switchboard services, render messenger servrces and oversee the rendering of cleaning servrces. It also provides overall services related to activities and costs of office accommodation for the Department as a whole. This includes managing Service Level Agreement with Department of Public Works regarding the renting of new property and maintenance of existing property. 4.1.5. one: Accommodation Thii Subprogroinrne houses ill-r. cevolved funds which are apprOprlated for office accommodation and related costs, The Auxiliary Services component performs tne management of facilities. 4.2. Strategic Objectives and Annual Targets for 2019/2020 to 2021/22 The following table outlin or the budget year and over the MTEF period for the strategic objective. - . i Estimated - '15, 1? . ., notified/Actual-Erirtornransa ?Rama?: it capable Number of strategic - workforce "training areas 1' New-.- undertaken as per .tn?dieaur Training Flatt I intents .201sz rennet victim-9? - 7 as is 4.3. Programme Performance Indicators and Annual Targets for 2019/2020 to 2021/2022 The following table sets out the Programme Fe '71 . rt'orrnance indicators and output targets for MTEF period: Audited/Actual Performance Medium-Tit!? digit: -, Emmott?! . agate/reply. Pemmtage vacancy 9.42% 11% 7% 10% (102*. <10% per year Percentage implementation: New . ofannual Internal Audit .. 70% 174% 80% 30% 90% 100% indicator - Plan per year Fifi-Tag: New New indicator New 40ages Indicator Indicator a per year . Approved Numb? ?f New Indicator Evaluation 1 1 1 conducted per year Indicator Indicator Plan Obt 'r d?t New Un ual?fied Un Ilf'ed 0'83? am posr we an I .ew New Indicator . New Indicator 9 . .q audit outcome Indicator Indicator audit opinion audit opinion Percentage Implemrmtation New . New . of ICT Infrastructure Plan Indicator - New Indicator Indicator New Indicator 80% 90A 100% -an - - ?Dav - - - mm rut, 3111K . QM 4. 4. Quarterly Targets for 2019/2020 The lollow?rng table sets out the Quarterly Targets? for the Programme Peri ormance Indicators identi?ed above. .- - ?7'93?9- ?fir?? - 21:35.3 . . . ..- 's-IsPercentage vacancy rate per year Annually ?110% - <10nu;- 'Illnternal Annually 80% . 30% Plan per year Percentage Implementation of mItIgatIon Annually 50% . 50% strategies per year umbe! of evaluations conducted per year Annually uali?ed uai?ed Obtain posrtwe audIt outcome Annually .audit opinion audit opInIon Pare ntage In plenruntallon I31 ICT lntrastructurc Annually 80% . 80% Plan 4.5. Reconciling Performance Targets with the Budget and MTEF Mince: Menu:- Manp- Eran-u . m?mnum'mm?hnr Mme: . I: ynm- drum! pom Hun} Su . Audned nutcamr - - _Apnwla?ml animal: m. 1w: rl'IlIi-on 2015I16 2016]? 2017113 mm! 1015!? - 101.5130 2021,12 mm: 40111121 Enrollment 11 no: 11153, I: IB 2m 111.4%- nag J: ?In 25 343. 11.51: 20.75 . . -. . Man argument . . .. twee: 19 :7 a: 4-: are nan aux. Jun-m 413531" 4196': 39.95:. mm n: (all ?use . 5.55: ?.114 3m: 1913 um 4715 run sun sum .ba-Iu she Gav. Mu. .- u. 1.. :2 204? 21.139. "u an? :5 ant. zri n29 av. ?33.011; Tutai 11 563 11 IO 545 Ill? ?17 1.2.79- 101 in - new: 5.71-1- limb: 1.. me - :41 m: (I- fir-r1 Is aux-r [lunar-1 r-sri-mla Economic classi?cation Current payments In .155 71 nos 79 57B 5} 259 11.421. sun .103 'n 1. 109 an: 115 355 6339 ab at 2-94 .13; :73 '15 11.0?- 56.21: My msas :13 rim-1. 59 anon: mu: mun-:- ,In 151 sf. ;an 3F. dz 41.41: 30 l5.31 A: 305*: ?nk-Jul mm in?rm: 3 305 2 5 17.? 055 13.33- 4.87.23 319] 4-33 5? 6.10 10 .12 3 5?3 33'} 1-159 3.135 1 415 {55 453 I 5-55 1 .455 4'3in 1.43 Comm-kn sun-.11 3 ?45 3 Put] 573 5 555 34.15 5 5 58" (I 5,57; Urumnny wan-s 1.1 :19 .4 Iii? 14 2.9: 1-: 138 Jr. I559 ID :1 mi! 14.55: Prom .1 1: 4-135 5437 :Ni: p.55 -ILI3.1 155? 445?: Huh? mama-me 2 Wu 2.1213 525 1 51-1 d3 1 r5; 2 25!. nu 4 in: 19!. Transfer; and .156 829 560 643 11.1% CLIN- 7-12 139 1.136 0.636 allb' idics' m3.? . . W- .14? - 1 SQL s. Der. Irlmenlat ogunue'. in: 'infr ME: 2n on m; null 292 - 4 r_.r in: r1. rm or, I?dvulenu lot (apilnl 5'30 [28 I 4415'] ?ll Di?, 3 172 5 19d 3 [63 [1:4 3 25?- amen Machine-wand mo ?::l'z?s 3 cqulprtierrl 1 12 - 400.05} - - Heels Total 563 72 374 80 5A5 1.0211? 11.7% 100.0% 107 511 1.13 420 12!) ?08 100.0% Proportion oltoial 39.61% 2.9.976 313% 12.5% - 31.014 31.6% 311.7); - - prnn?m?lc ?amount: to vote aluminum.- :1qu nl Winkle-n .an {uh?e?u Huu Inkolds ?mm? :75: 19 Current . 400;?; . . . . . Implant Sula] 19 t3 zmuin'r- - - - . nmu?u momma tumult" Ind lm?? Departmental Inner? {non-hum n? doom] tuner". 361 56% 633 20 62': 0 6'5 our: Tl! 4! were and serum 3515? 0.1575 Hun} ?ltration and running Aortic-4r": In '9 OJ 5 Ecrrullurruuiur- "nun-howl orher lnn?rgc in household: 1! 113 - a $2.59: 0.131. - . . 400 are Current 13 - 4 his . . .wagjy, . Employee Social ire-mm: 4.6. Relating expenditure trends to Strategic Outcome-Oriented Goals and Performance Indicators The Deparlrnerr: continue to utilise the roceNed from SAPS for strengthening of the internal control systems in an effort to arch-cue a clean audit opinion by year as part of strengthening the accountability. Tl?? De?ariment will own medium term utilise R5 million cor anrrur'n Imrn additional SAPS nllu-? shun to implement the ICT Inlrnunucture Plan. to enable sate lzeernng of information as we as remotru of ignite-[135 from disasters the will include on external hot recovery site. backup 3r storage facilities anri email minim: solution. The ICT :eE-Jril-,- sustain-1 the: also enhance inionnation security include mod em lire-waits, inn-.rsicn detection or prevention systems. and oi motile denies was also higiriighled as the weakness that renuires an urgent attention. The implementation plan will covm the infrastructure revamp and Linguine: which irrciuoe; an enhancement of the information security westerns and disaster recovery. Business enabling plahorms such as SharePoini 1nd Exchange arr: also part of Plan. independent Police investigative Directorate tt'It: {fl - .l Len?.3.? . -, .. ?begun." . PROGRAMME 2: INVESTIGATION AND INFORMATION MANAGEMENT 5.1. Pumas:- Coordinate .rr: tecrlitatr: the Department '5 investigatior processes through the development 01 poiicy and strategic irarneworks that guide and report on rr'westigatrons. The programme Enn?t?li ol the tullowlng three sub-programmes: 5.1.1. toyestigalion Management This sub-programme devetop- and maintains investigation systems, procedures. norms, standards and policies in t'rne with the PIC Act (2011) and other relevant prescripts. 5.1.2 tnvestiga?nnsewrces This Sub?programme manages and conducts investigations in line with provisions in the Act (2011) 5.1 .3. Information Management This manager. and knowledge-management services through the development and maintenance of a Case Flow Management System and datalrase. analyses and compiles statistical information. 5.2. Strategic Obiectjues and Annual Targets tor 21119i2020 to 2021/2022 The following tabte outlines the output targets [or the budget year and over the MTEF period for the strategic objective. . .riie'dl?irir'rzmairgen . . 'r ammo . 2013;13:- entered 2020;21:2o21raz' Specialised Number oi investigators investigative trained on specialised New . .. 325 . . 73 100 75 75 75 75 capacrty services as per the indicator established Training" Plan" per. year .I Z. ?w ?mitt" immiotat'casas?m?tsdT a. 5.3. Programme Performance Indicators and Annual Targets for 29199020 to 2021,2022 The following table sets out the Programme Performance lndiuators and output targets for MTEF period: - T?giumftehn?TadES ELE- '~2o'19120 ransom, Percentage of cases allocated v?thin 72 T956 79%. 79% 80% 80% 80 hours of receipt of written notification {5125) .. .. . per year 1 . - - [5543 14445} 't5332] . [51091 {5400} Number of statistical reports generated ,1 as per Sec 9(a) or Act per year 18 5 2 2 2 Number of imiestigations of deaths in 59%. 45%, 232% police custody that are decision ready . 150 150 150 150 per year (22-93 (1401 [1'45] Number of investigations of deaths as a 55% 29% 30st, result of police action that are decision 130 130 130 130 ready per year (470) r115) use] 62% Number of investigations of discharge 49% 21%; of an o??loial-tirearrn by a police o?icer (asst 500 150 15d 15:: that are decision ready per year ?805) (1'45) SOL 5. . . 395' I.-. . - - 1'17 .11" IL: Number of investigations of rape by 74% 54% 55% police officer that are decision ready per year (130) (61) (69) Number of investigations of rape while 390,4, 25% 100% in police custody that are decision ready per year (253 l5) (9) Number of investigations of torture that 54% 35% 13% are decision ready per year ?24} [53) (39-) Number of investigations oi assault that 72% 53% 31% are decision ready per year (5070i 2 0403 ii 140} Number of investigations of corruption 57% 41% that are decision ready per year [130] (66) l56i Number of investigations of other 0 a criminal and misconduct matters 58?2? 35 22% [EfEi'l'Ed to in section thlith] [it the (180] (110} ?33} Act that are decision ready per year Number of investigations of offences referred to in section 33 of the Act iniiqlcezor mg?m' in?ftv?r that are decisionready - . Number of approved systemic corruption investigations that are decision ready 7 4 5 per year Number ctall backlog decision ready 53% 49?, II. cases completed per year a 1'23] Percentage of dockets relerred to the 84% 75% 92% National Prosecuting Authority within 30 days of being signed off per year (808) (359) (1 317] Percentage o- disciplinary recommendation reports referred to 89% 33% 94% the South African Police Service and (11491 (1 02,6) (1 7321 Municipal Poiice Services within 30 days of being signed off per year 5.4. Quarterly Targets for 2019/2020 The following tabie sets out the Quarterly rancid-,1, if" if . receipt of written noti?cation per year .-. Percentage of cases allocated within i 2 hours at Quarterly . rm- 65 10 60 2000 ED 80 New indicator sate: - 3 '1 '250 d: 90% (1300) 90% (1400] Targets for the Programme Performance Indicators ident o7Number of statistical reports generated as per . rt Sechon 9(ni of IPID Act per year Qua Edy Number of investigations of deaths in police 0 I costody that are decision ready per year uar er Number of investigations of deaths as a result of Quarterly police action that are decision ready per year 80% (5100) (1275.--, -- I in? L. pult habit}, 1L 152} 69 10 435 2000 GD 40 10 490 90% (1350) 90% [1 ?150} ified above. 80% (2550germ!" "994211."? 59 10 115 2000 60 40 10 1-. 490 90% (1400) 90% [1550} 4.12%- film}! "gin?I?! 80% (38252000 ED 40 10 1 490 90% [1450) 90% {1650) 8003?- (5100] 1 150 130 Independent Police Investigative Directorate Number of investigations of discharge of an of?cial firearm by a police of?cer that are Quarterly decision ready per year Number of rhyestlgations of rape by police of?cer Quarterly that are decrsron ready per year Number of investigations of rape while in police custody that are decision ready per year Quarterly Ember investigating of torture third are- northerly ectsron ready peryear . . . Number of investigations or assault that are Quarterly decision ready per year Numher at investigations er corruptionr thatare decision readyperyear ., r_ 5 hearted}! Number et investigations of other erimtnol arid misconduct matters referred ta in section 2811-) [hi or the IPID Act that are decision nearly per Quarterly year tiri'rnber ot- tl'tt'?ttg?hm: a? searches eithe- hot; ?1 .. - . - Number ot approved systemic corruption investigations that are decision ready per. year Number othtl?baettiegrreetsion estimates uf' Witt Annually mmWW?" - 4m . Pemlage oi docttats reterred to the National Fmsenuting Authority Within 30 days at being Quarterly signed oh per year Percentage of. disciplinary ecu . reports teierre'd to the deth- their: Petite Service We rterl and Munroipat Police?s-emcee mamas days Er 3' being signed arr heryear 5.5. Reconciling Performance Target investigation 0-56 18.3% Management Invesaigatinri 137 653 135 356 141082 171796 7.7% Services 6d?) 41.6% teenagemenl Total 152 628 155 484 159 684 194 507 8.4% SOL 10 2000 ?so- ease: 90% (135.0) 90% 114.507 5 with the Budget and the MTEF 'rr'rid leiuirroti?n Harm were and shrink! by rim-presumed: arid eoniramie etm?catiim 100.0% 300 .10 90% (337) year (3621 177 564 5M2 205 990 =15 700 20 15 90% (6751 {725) ape-nurture 120 150 45 59 5 10 an ?is 1400 2000 .1490 90% 190%. (10121 (1350) 93% . {1450] . Mange 5.5% 36.7% JU 5% 3 91% 5.4% 100.0% Change to 2018 Budget estimate Economic classi?cation Cunenl 150 864 155 175 Payments (Immensalion 61 employees Goods and services? of which: Computer SENICBS Legal services Heel services (including gomnment motor Hansparu Operating leases Pmpeny payments Tra?el and wbsiste?nce and subsidiesl Departmental 1 12 66 agncis and accounts Homeholds Payments for 0301131 assets Machinery and equipment Payments to: - 92 - 3 ?nancial assets Total Propodlon of Mel prawn: upendilure to vole 159 402 191 269 101282 113 406 113 920 126 026 390 5000 80.933 8182 3 549 935 .15 204 5445 5 694 3099 10877 19 739 15 76'] 9 4'617 617 158 3100 194 507 61.7% 152 626 155 404 159 664 65.2% 64.3% 62.5% 4- . A. 8.2% 7.6% 9.6% 1.719 52.636 14.3% 22.9% 25.9% 41.1%. 6.6% 25.41 24.2% 24.2% SVJL 99.2% 66.6% 30.5% 2.1% 1.67: 3.3% 6'3 0.1% 0.1% 0.796 0.7% 100.0904 2900 5 065 8 673 419 14 604 1416 EB 2200 2 200 205 990 61.650 213 330 231 745 6.6% 96.316 155 188 164 522 9.3% 63.7% 63 642 6? 223 1.0% 30.0% 3 171 3 467 7.0% I. 4% 5 194 5 328 2.1% 2.4% 9 355 9 930 7.4% 4.2% 14 661 15 475 7.0% 15 020 15 619 12.61:. 5.6% 5 159 9 395 41.2% 6.616 96 92 42.0% - 90 92 11.7% - - 400.0% - 2 300 2566 6.9% 1.216 2 300 2 500 6.916 1.2% - - 460.0% 221 226 234 337 100.0% 61.6% 61.4% . - 5 Independent Police Investiga?ve Directorate Neg.? 5.. Details of transfers and subsidies Departmental agencies and accounts Departmental agencies (non-business entities] Current Communication 1 12 8 66 304.1% - 88 90 9? i Households Other transfers to households 166 57 274 59 - 0.1% - - - . - Current Employee Social 98 35 274 - - 0.1% - - . . Bene?ts 68 22 - 69 425.4% - - - - 400.0% Claims Against The State 5.6. Relating expenditure trends to Strategic Outcome-Oriented Goals and Performance indicators Over the medium term, Cut. and novel and subsistence wall remain the biggest cost drivers in Programme 2: investigation and Information Management. constituting flit and 4'53 of the total budget respectiwlv. Spending on Col? will increase from R1261) million in 2018/19 to Rtl?rd?: million rn 2021;22. an avers of it'l?fs ntrtinh.r to provide tor ntllotionarv adjustments. :am Wt ll. deaths in police custody and as a result ut police action constituted 11.3 per cent (63? out at 5 651} til the total numoer ot cases reported to the Department. {it these. 275 were decision ready and forwarded to the llatronal Prosecutrrg Authority and the South African Police Service tor lurtt-rer Over the medium term. the Department plans to ensure that at least 450 cases at deaths while In police-custody and 390 cases of deaths as a result at police action are ceclsron ready. Tne Department has repnoritrsed a total at R12 nnlliorr over the medium term from closed satellite oitices' operational costs to assets in order to provide tor the strategic procurement ot investigative equipment for investigators. The investigative muiprnent to be procured Includes specialised cameras. protective clothing. recording aeuipment and firearms. In addition, the Deaanment intends to procure its own fleet oi vehicles for investigators and has reoriorrtised Ft? over the medium term for this purpose. The Investigators are currently making use at renlel vehicles from Grileet. which or: average have cos-2d R33 million per annum between R?l?li? and 2017/18. The procurement of vehicles for investigators will lead to a. cost redurztior or? 122.3 rnillior per annum over the medium term. The procurement oi specialised eeurpment and vehicles is not expected In improve perlor'rnance in the short term mice the indicator targets remain constant over the medium term. However. it Is that the procurement oi result in reduced cost for the rental of G-lleet vehicles as the have its own vehicles. and that the investigators will be able to slleelrvelv execute investigations winch will thus have a positive impact on periormance in iuture. 6. PROGRAMME 3: LEGAL AND INVESTIGATION ADVISORY SERVICES 6.1. Purpose Manage and facilitate the provision of investigation advisory services. Provide legal. civil and labour litigation services. The programme consists oi the Iullovnng three sub-programmes: 6.1.1. Legal Support and Administration The sub-programme manages the Directorates legal obligations by developing and maintaining systems. procedures and standards to assist. guide and direct legal support vnthin the Directorate. 6.1.2. Litigation Services The sub-programme coordinates civil and labour litigation, and grants policing powers. Other key activities and outputs include finalising contracts and service level agreements. I. Xal SOL . Lurarin. 4 5::11 If? 2.11mi port 01:11:19 21111 Hue-.11 Ion-.1, 111,321 .11: I 1151 f1: 3-3.. an} :for 1'11 0E: o' it'zl-e 6.2. Strategic Obiectives and Annual Targets for 201912020 to 2021.122 the tor tr: .EstJiirated - Porto 111121 ?ca Mt?lum?em't?argets Strategic Si rateglt Porto ?nance IStml'e-gic Objective - 3ng 21115115 1 2111511. 20171131 201309' 20191520 2020121 21121122 . . infirm-1dr- IPerceIitaIIe oi? Mag.Iegal adgice . Sq2:11-15on provided for. I, 523,111} Naif; 45:30:55. 5, 51.007- . 90?1: 90$; minvestigeius' lltwoilaaIOlS' - (G) . . if?) - 961 . 43-5 J+Lral 1.4 -v . . .. - II.) 111:1:11re quality before-ant alter 2 . 1? 155invesilgailtia: I 6.3. Programme Performance Indicators and Annual Targets for 2019/2020 to 2021/2022 The tables 915 out the PIugran'Irne Performance Indicators. and output targets for MTEF I . Estimated Perform-FRU- 5,3,50155559??5 "2015:1111 2015512] 2111in ?_al 201515 7212191211 21120121 . Medium-Te T-I-Iets Programme Performansetndicator 11-12.. 55.15I.., . l? - I f, Elie . . -. . PI: rec-11:: 1ng .i legal advice ., . .4 a - lu 5-. -- 107-, 5iuvade-zl 10 the cop 51111-211! 135,: 113.; H, r, ..-.. .- .. . .1) to: .51 (51 31. wor-ung days or request per year 0.. 0.1- v5? . . ?i 51,253 I: 13 rlayx re 1: of I:1n 2:11-15? .. . . (if, a 100% Lu :6 .c-l . q. .. in! 3.3} 11311:: of year P-jl?L-IeIIta-Igo 'u'PllitEII?I wit tlIiI '1 - (II 151 (.11 I 13115: . 0 1-11.11 .321: as? P?l?z 51 5 22:1: :41! - . ?5 ji,? (I 52.95 ?(1:52 Zlf? 3331condom-:33[1-1 I: I Junior .3 .I- 3 m, 535112255. . .4 . . Ind'maiur. illDItJ'rihlfilil'i, 11:11an 5.3.: ?111111111115: lumth' o?FA?n' 6.4. Quarterly Targets for 201972020 The iotlowing table sets out the Quartnriy Targets for the Programme Pertorntance indicators identified above--, ..-.- h.m-T I i; . Jessa In!? ?Lat Percentage of legal advice provided to the department on titigation 100% - matters within 12 working days of receipt of the action or? Annually (6) 190?s. application per veer Percentage oi mitten legal advice provided to the Department Annualt 70% . 1 within 30 working days el request per year if .Peroentage comatosaI-Itcermr agreements ?naiised within an Joe. vrorlringdayo oirquIest per year (251 70% Percentage of oral legal advice provided to investigators to: thin 24 Annually I. 9031- hours at request per year 121 Pattentageotvrritteniegat advieeptotiided toirrvestigatots wititinz - 90% 1.5110110?? - - - 90a worlrI'ng days oi request per year .-. .. Percentage of PAIR requests ?nalised within 30 days per year Annually Egg?: - 100's Nunher at workshops conducted with investigators on practice 52"; ?in2' . notespmdoceo pence? . . mam?; i? 3 1 1 3 6.5 Reconciling Periorrnance Targets with the Budget and MTEF -- ?T?EWWEmoniaoemm??a Sub-Wm - I 1 Average . I. Average. Average 1: Expegn- Average Expen- growth dinner. growth dtturd rate! Total touting-tenement: rate Total Aucfrtert outcome 22mm autumnal-arm euzwartmma Legal 1 753 1 8341 2 381 737 0.3% . 35.8% 1 882 1 989 2 115 6.89:. 25. 8% Support and Administration .I l' - . - Litigation 2180 1- 394 11161 2 350 2.5% 36.7% . 2778 2 942 3133 10.1% 37. ?33 Advisory Setvices . . - . Investigation 801 't 507 892 1 708 4.7% 27.5% 2 353 3 117 3 365 25.4% 36.8% Advisory Services are 2* .. Change to 2018 - mm (248) $9161 I Budget estimate - . 11' .. S-t?E-f-g J'L?gigi?gl?lkjan?B?t Current 048 613 14.1% 1 100.0% payments Compensation 5216 5. "It 76.925 15.0% 91.6% employees - SOL .. - Goods and 1 231 1 344 318 579 423.2% 21.0% 610 652 688 8.4% services' of which: Administrative 9 9 7 3 4.5% 9% 14 14 14 51.3%? p.28!? lees . Communicalian 3? 96 50 105 41.6% i Lit-s 79 85 98 4.3% i 1.2% Consumable 9 a to 2.1% are, 7 5.3% 7 one supplies Consumables: SI 23 44 69.2% 0.4% 88 9? 106 34.5% I 1.1% Stationery . printing and I office supplies . lTraveiand 293 410 147 308 1.1.5% ,Jl . Irainlngand - 49 33 email met er 94 too eats! 1.2% development ., .. inmates and - 2173? 212 - i 2.5% -l - i .- subsldi?lt' .. Households - .3?3 272 2.5% - -1 Payments tar capitalism: Machinery and 25 - - - 400.0% - .T -5 equipment . A _7 . Total '75: fg?fs 4731;? {5795? -. too.oee 7 5.13 3945?; 3513? 1 100.094 Ptoporllon of 2.4% 2.2% 1.9% 1.3% - 2.2% 22% 2.3% total programme - expenditure to . i \rute eXpenditure I "Eo'rid? Households Other transfers to households - Current Claim - Against The state 6.5. Relating expenditure trends to Strategic Outcome-Oriented Goals and Performance Indicators lneesngellum o? mnlaee ultimate an;- otten met with eastern including when "puma-1.35 {ma directorate-'5. Mal :mzza anrl placer pregame on I13 repeat-z. Due to limits-1 personnel canes-w in tire. Legal 5 le Mvigmv 55mm; 'Im Department metres. use ul ildei': attorney-a to 115515.: with all Irrigullan cases. In order to null: ltrr- use nl rum-ale attorneys. the Department he: gone not no a to ?ppi?l?li a Panel of As a result. and due to the volume at cases being investigatw, the Department's overall expenditure on legal services in the Investigation and information Management programme is expected to increase at an average annual rate of 2.1 per Cent. from R5 million in 2018119 to R53 million in 2021/22. Independent Felice Investigative Directorate SH SDL ?rs-s - man'- chPROGRAMME 4: AND STAKEHOLDER MANAGEMENT 7.1, Purpose Sat-amour the ordinate-r. oi and stakeholder relations. Monitor and evaluate the and appropriateness of mod: to the Scrum Q'rrcan Police Service an: Police Services in terms of the Indunr-nnlant Police Investigative Directorate Act, 201?. The progran'rme consists ot the into sub programmes: 7.1.1 Compliance Monitoring The monitors and evaluates the quality of recommendations made and responses renewed from on such recommendations from the .?iorrth r'tlrit-nrr' Police Service. Municipal Police Serwces and National Prosecuting Authunty in compliance with the reporting obligations in terms at the Act. 2011. 7.1.2. Stakeholder Management The Subprogrumlt?tc manages relations and iiat52'? with the Directorates key. stakeholders such as the South African Police Service. Murucruol Polite Civilian Secretariat for Police. t-latlonal Prosecuting Authority. the Spacial lnuestigating Unit, the Public Protector at South Attica. the State Securih- Agency and civil society organisationst in line with the requirements at the IPIU Act. 7.2. Strategic Objective Annual Targets for 2019/2020 to 2021/2022 The following table outlines the output targets for the budget year and over the MTEF period for the. strategic objective. ima Medium-?rm . . Strait/A2313: Performance 2mm amass?mam Communication implementation and of the Borhmur?rlca?on 53% Stakeholder Integrated 90% New and {13] 90% 90% 90% 90% Engagement Communication Indicator Stakeholder 0221 {22} (22) Strategy and Stakeholder Engagement Engagement Strategy Strategy 7.3. Programme Performance Indicators and Annual Targets for 2019/2020 to 2021/2022 The following ts out the Programme Performance indicators and Annual Targets for the MT EF period: . - . V,?Number of community outreach events 2134 conducted per year Number 01 format engagements held 142 134 186 128 136 136 136 key stakeholders par year Number cl disciplinary recommendations New New New 1000 1100 1100 1100 referred to SAPS and MP5 that are indicator indicator indicator analysed per year Number of criminal reterrals forwarded New New New 748 748 800 800 to NPR that are analysed per year indicator indicator indicator Percentage of respOnses lrorn SAPS and New New New 50% 70% 70% 70% MP5 that are analysed per year indicator indicator indicator (1260) (1260) (1260) Percentage of responses truth the NPA New New New 50% 20% 70% 70% that are analysed per year indicator indicator indicator (8401 [840) (840] Number of case docket inspections New New New New 5 5 5 conducted per year indicator indicator indicator indicator 90L SIN 7.3. Pro?gantino Pleriormoiice indicators and Qoarte'rly "Ta'r-ge1s The tcltowing tabie sets out the quarterly targets for the Programme "1 -. - t1? . 1 Number of corn?munity outreach events?conducted per year Number of formal engagements held with key stakeholders per year Number of disciplinary recommendations referred to SAPS and MP5 that are analysed per year Number of criminal referrals torwarded to NPA that are analysed per year Percentage of responses from SAPS and MP5 that are analysed per year Percentage of responses from the NPA that are analysed per year Number oficase docketilnspections conducted per year Quarterly Quarterly Quartedy Quarterly Quarterly Quarterly Quarterly 136 1100 748 70% (1260) 7 0% (8401 7.4. Reconciling pertormance targets with the Budget and MTEF on 2261912020 Performance Indicators identified above: 275 137 70% {3151 70% (2101 550 374 70% (5.301 70% (420) 5?6 30 40 102 136 825 1100 561 748 70% 70% (945} {12501 70% 70% (6301 (8401 2 1 1, Subprogram: Average: Average: Average Expen- Aoerage Expen- growth ditum' growth diturel Adiusted rate total Medium-tom rate Total audited outcome appropriation estimate - "7:12? Emit?- 13m" 43'? @1310; was]: 1.3201912 155132111 Compliance 4 115 4139 5 376 7 366 21.4% 611.3% 10 227 10 9M 11 695 16.7% 64.3% Monitoring 117 4 499 4% 5 028 250.3% 39.7% 5 351 5 791 E. 162 7.0% 35.7% Management Economic classi?cation :rrI: --. r? -.-. 31-7333: mil" Mai? their tori-? jet-1.3.2.112, - Compensation 3 555 1 one 5525' of employees Goods and 613 1 321 1 727 services' of which: Advertising 14 15 147 Communication 41 149 127 - {EELQi?l?ii?f 7115021 45.8% 1 370 30.7% 160 125.2% 155 55.8% SOL 84.6% 14.1% 0.9% 1.3% il? 13 389 14 37 1:11 (1:329413 2189 2316 2444 21.3% 13.3% 167 215 176 188 5.5% 1.1% 224 152 416% 1.2% .3: .-., independent Police loresligalive Directorate Computer 50 215 747 84 13.9% 3.1% 89 100 101 6.3% 06% services Ormsumables; 32 153 40 53 18.3% 0.8% 121 127 135 36.6% 0.7% Stationery, printing and office supplies Traveiand 377 437 383 718 24.0% 5.4% 1338 1437 1597 30.5% 8.1% wbsistence Trainingand 35 47 25 69 25.4% 0.5% 85 103 111 17.2% 0.6% development Transfers and - 273 - - 0.8% - - - -- subsidies' Households 'i i - 0.8% - Payments tor 53 - 120 - 400.0% 0.5% - -. - capital assets Machinery and r. .4 - 120 400.0% 0.5% -. . . - equipment Total 4 232 633 102312 12 394 - 100.0% 15 578 i .15 695 1'7 8573 100.0% Ptoportion 1.8% 3.6% 4.1% 3.9% 4.6% 4.6% 4.7% - of total emeramme expenditure to vote expenditure . . .. . r?l?moa? HousEholds Other transfers to households Current - 273 - - 0.3% Claims Against The - 273 - - - 0.8% State 7.5. Relating expenditure trends to Strategic Outcome-Oriented Goals and Perlormance indicators The periormance targets for community outreach lndicatorhave been reduced over medium term due to capacity constraints. The Provincial of?ces are utilising investigators to conduct outreach campaigns which affects then core mandate. which is investigation of allocated cases. The Department will condone to conduct the planned community outreach events within the allocated resources. The ?scal position of the Department makes it dif?cult to carry out aggressive communications and stakeholder activities hence the redUction of the target. The Department will over the medium term establish and use other effective means of communication such as community radio stations and local newspapers to reach the members of community. The average expenditure in travel and subsistence is expected to grow by 8.1% over the MTEF period. 50L - 36.1.2.1: [3 Th -.. '13: 4 .. :ln bf. v?jdLliflag-.72." 5' :42- if . . if ?21??77. may plans does not. admln?fgff??dmona? f; - .- In. ..ri??Ir.? LI?mcwn.t...II. . . . . -.IEDI .fn . I. I?.II.uwfu a Ir ..WHI .. .. . . . . I. .I PL . . r.nn;.mh( I I .. In burns . . .(?gq?lvl Hag?; A MbLu huhburlmay..- .?kahunluw Ar) . lilIInt Iv vi?lqOI1I4 I I. .. . . a awmazosw . . I.. ., . . . . Illih {?r?as .vn .- . Inbruituipi I ConCourt CSPS DPSA GIAMA MISS MOU MPS MTEF MTSF NDP NT PAIA PAMA PFMA PSA PSR SAPS SCM Constitutional Court Compensation of Employees Civilian Secretariat for Police Service Department of Public Service Administration Government irn moveable Asset Management Act Information Communication Technology independent Police investigative Directorate Minimum Information Security Standards Memorandum of Understanding Municipal Police Service 1 Medium Term Budget Policy Statement Medium Term Expenditure Framework Medium Term Strategic Framework National Development Plan National. Specialised Inveeiiga?ons Team National Treasury Promotion of Accessto Information?Act Public Administration Management Act Public Finance Management Act Preferential Procurement. Policy Framework Act Public Service Act Public Service Regulations south African Police Service Supply Chain Management Independent Police investigative Directorate .J -33. . . . Fl - whit.I??g?sr '4 -1. - - . . . IN. 34:10.35rats. A: ADJUSTMENTS TO STRATEGIC PLAN (2015-2020} The Strategic and Finnua! Performance Plans orovoies that Strategic Plan may be cl ranged dining the five-year ?peers, Hummer, such doing-'55 :T?r'?liln?l limiter1 r; tr; Slf'll' Len: I It nlrrii: I. tru- rl' Th;- l'jl?'v?nl diet} ?lli ttl'.? aim-5' Llnn. mar.- tic as ar' honoree-1o the Annual Performance Plan. or or; seeing a reader-1 Stratem Plan". the Fur eon-m. requires. set SMART strategic objectives that re?ect the high levei outputs the would oriented goals and vision. Illr-r tu produce no order to achieve lis outcome- In view of the above. the Department has made adjustments to some of its strategic objectives, strategic indicators and strategic targets. A summary of the adjustments from the 2016317 to 2019:2020 financial year is presented as follows: Programme 1: Administration Capacity building Vacancy rate per <10% A capable Number of is undertaken year workforce"l strategic training areas undertaken as per IPID's Training Plan7 Departmental Number of 9 Performance performance Management reports produced System operates optimally Eilective risk Improved risk Level 5 management level of risk maturity WI. . The ultimate outcome of undertaking capacity building is to ensme that has a capable workforce that is able to deliver on Its mandate. The objective will be achieved by capacitating IPID employees through a themed strategic approach to training. Discontinued The indicator for this strategic objective was not SMART enough and target was the production of performance report which was not adequate to assess whether the Department is achieving its strategic objective. Based on AG's repeat findings as well as the recommendations of the Portfolio Committee on Police' management took a decision to replace this strategic objective with the one that aims to improve the risk maturity level of the department. Discontinued Based on management deliberations and performance dialogue with the Department Planning, Monitoring and Evaluation it was agree that the strategic objective was more operational. Independent Police Investigative Directorate tyre . A capable workiorce Number of 21 strategic training areas undertaken as per lPtD's Training Plan Programme 2: Investigations and Information Management Case Management System Decision ready cases ?nalised Recommendation reports generated and reierred Specialised investigative capacity established? Percentage oi 90% cases registered and allocated within 72 hours of receipt of written noti?cation Number of 18 statistical reports reports generated on the number and type of cases investigated. recommendations made and the outcomes thereof Decision ready cases completed Percentage of 53% decision ready eases {?nalised} per annum Percentage of 80% recommendation reports referred per annum Programme 3: Legal Services Legal and litigation services provided Percentage of 90% legal opinions provided to the Departmentla 50L Number of 325 employees trained as per the Specialised Investigation Training Plan Number oi 50 decision ready cases completed from iota! c3585 received The target was reviewed incorporate the annual target of the last year of the MTSF ?ve- year period. Investigations are the core business of the Department. Based on the trend analysis as well as recommendations emanating from various reports textemal and internal) for the need for to improve on its performance regarding its core business. it batomes necessary for iPlD to prioritise and strengthen its investigative capacity. To ensure the strategic oblective and strategic indicator are aligned to the Standard Operating Procedure and specific in line with the SMART principle. Discontinued The indicator was duplicated at both strategic and APP Level. The referral of recommendation reports will be monitored at a Programme Performance indicator level Discontinued The strategic Indicator was duplicated as a strategic indicator and a programme performance indicators. It will be retained at APP level. --.. .ll .-- 'lo provide Investigation Percentage at 90% advisory services legal advice investigation are undertaken provided to adtiisory senrices investigators to investigators to ensure quality investigation? i?rogt?alnme? 4 Compliance Mdrtitoringandismkeholdet. management .i Quality Number of 4 Ensure an Assurance of reports on the Integrated Recommendation evaluation at the Communication 5 Report quality of and recommendations Stakeholder per year Engagement Compliance Number of 4 States! Monitoring of submitted Responses to reports on the Recommendations responsiveness of SAPSIMPSI NPA on lF'iiJ recommendations A ., . _."peryear r, :5 Public Awar?ne?ssf ?illumher?t? . 215 Campaigns ff; community outreach events conducted per year Stakeholder Number of formal 120 Management engagements conducted with key stakeholders per year pr. ..-. .-. - The straieglc objective and Percentage of strategic indicator were reviewed legal advice to ensure that they are speciilc provided to and relevant to the programme's investigators purpose. However. they still before and after measure the same object. investigations Sir-til??itt . Percentage 90% At the core of lPlD?s legislative implementation mandate is the need to of the integrated conduct "inve'stigalicns" and Communication ?engagemen ?3 With relevant and stakeholder stakeholders to addresSthe Engagement cotcc'rnja oi the investigations Strategy as contemplated in Section 9 read with Section 15. 21 (gl and 30 of the lPii} Act No. 101? 2011. Based on management discussion it became evident that the Department must prioritise its approach and mechanisms to the above-mentioned sections of the Act as they have a hearing on lPlD's overall performance. It is in this regard that the implementation at an integrated strategy on stakeholder engagement and communication has been prioritised in orderto assist the to improve on its performance. SOL independent Police Investigative Directorate . .. . I 133% .Jnra?:11. .. . n: zmx?m .. ?uu?mn?aw?mmw? .Jl..no .1 . loulp?uVQ .111 . . raw". I. I'll . I . .?u.mlurt.ld?? . IQ mac 9 1 1. Counter - Investigations by SAPS - The mandate oi is to investigate cases and ?nalise them ef?ciently and on time. Cases might not be ?nalised as per the set objectives due to the counter Investigations that 2 sets to interfere with the investigations by i 2. Infiltration IPID investigates of lPiD criminal cases investigations ?against SAPS police by SAPS of?cials as per 528 Possible IPID Act. In?ltration of the by SAPS officials in the investigations :conducted by i:to derail the process 5pos15 a risk on the i- ability to achieve 3 its mandate - Inge-ranges Er Engramme Manager: investigations Investigation and information Management against IPID of?cials Legal Services Programme Manager: Investigation and Information Management Possible collusion with IPID In?Jestigators and SAPS of?cials Possible threats to harm IPID Invatigators Bribery offered to IPID investigators item 't . - V. Engagement with?Ministry of Police and Senior Management of SAPS to manage counter investigations Court lnterdicts launched to stop the counter investigations Adequate resourcing of human capacity and litigation budget to address the legal implications Launch litigations against members of SAPS on intederence of IPID investigations High Risk - Engagement with Ministry of Police and Senior Management of SAPS to manage In?ltration Liaise with other relevant security cluster department to solicitate assistance with regard to protection of investigators; Issue protective equipment to investigators to protect themselves from any possible dangerous situations they may encounter. Facilitate defensive tactical training for investigators for than to be able to protect themselves against any threat or harm they encounter Conduct Advocacy session to intensify Integrity Strengthening of IPID investigators. Perform regular lifestyle audits Independent Police Investigative Directorate 3-. 4. Constrained: Resources Political interferences inadequate - Information Systems .n In delivering the constitutional mandate, the IPID may be affected by external political environment to achieve proper Implementation of its obiectives. Adequate resources i and their proper allocation is fundamental to the to achieve its overall objectives. . Due to die continuous baseline 1 budget reduction eitperiencecl, there is a high possibility of resources being 3 constrained which will impact negatively on operations. Proper information technology serves as a critical part of the origination?s ability to perform its dutia and achieire Its mandate. The risk on the information . systems impact on 1' the department's performance as it 3; will hlnder in terms a of conducting certain functions to llnallse . the work that needs to be done. 13- .- - uni-:4 amounting tines Legal Services Limited budget allocation and continuoUS reduction of baseline allocation. Programme managers Unfunded operational activities Obsolete IT - Programme Manager High infrastructure I Corporate Services Risk [network and equipment) Compromised lnfonnation security Sm. Chief Finance U?icer; ?457 Mn??l 1 Iv'ulith- if: 1 W, Clear accounting and reporting lines to be incorporated in the proposed amendments of the IPID not. consistent with the Constitutional Court judgment and the Constitutional provisions Contlnuous engagement with National Treasury on the request for further funding of the IPID Act. Source funding through other avenues Reprioritisation of limited funding to focus on critical strategic objectives. lie-prioritisation of budget tor networit and infrastructure upgrade Implementation of network and infrastructure upgrade project 6. Inability to investigate and ?nalise cases timeously ?1'1 on . ?csieneuung?ciqri .15'3?: '4 i heath-lape- . . - Ri?es - . The mandate of iPlD Reduced Programme Manager: High - Department to establish is to investigate cases Accessibility to lnvastigation Risk working relations with other and finalise them clients and lniormation departments to assist with elfectively and on Management work space time. Cases niigilt Capootty .I not he ?nalise] as per Welland Enhance skills by providing 5 the set objec?vas. i lnveati??om i lr?ninp on certain areas of speaalrzed investigations to We? optimize service delivery 5 Mn: boil] - Recruitment oi relevant . toohnical sidlls to address eht'ainhia I the gap on specialized ml Investigations 1 l- Reprioritizationof . I to match the resources available I Continuous mgagunenl with the FSLitorensic services lab) and Health department (pathology services) to seedy the technical reports for IPID I cases i . Independent Police Investigative Directorate . I 4 I .1 #91" 2? mg) I . .A - I. - o? '?ghawgy . . . $61 I -. v. -. City Forum Builgiing 1514! Madiba Streief' Pretoria GautEng (112399300110; 01-2 326?- 0403 complaints?lipid gauze l?id ggihia l7: IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISIO, PRETORIA) In the matter between: KHOSA, MPHEPHU MONTSHA, NOMSA MUVHANGO, THABISO and MINISTER OF DEFENCE AND MILITARY VETERANS SECRETARY FOR DEFENCE CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE MINISTER OF POLICE NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT OFFICE OF THE MILITARY 0MBUD INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE CASE NO: 21521I20 First Applicant Second Applicant Third Applicant First Respondent Second Respondent Third Respondent Fourth Respondent Fifth Respondent Sixth Respondent Seventh Respondent Eighth Respondent Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent NOTICE TO OPPOSE PLEASE TAKE NOTICE THAT the First, Second, Third, Fourth and Fifth Respondents hereby ?le their intention to oppose the above matter and appoint the address of their attorneys as the address where all documents in the application may be served. PLEASE TAKE FURTHER NOTICE THAT the Respondents shall accept service of all subsequent documents and notices at their attorneys address situated at Salu Building, 316 Thabo Sehume Street, Pretoria. The Respondents are further prepared to accept service of all subsequent documents and notices by means of electronic mail at Lufuno.funie18@omail.com and LTshivhase@justice.gov.za. DATED and SIGNED at PRETORIA on the 26TH day of APRIL 2020. STATE ATTORNEY PRETORIA and 5th Respondents? Attorneys Ground Floor, Salu Buiding 316 Thabo Sehume Street Pretoria Private Bag 91 Pretoria,0001 Ref: Tel: (012) 309?1697 Fax: (086) 447 5976 Cell: 076 996 1681 I73 EMAIL: lufuno.funie18t?qmailcom and LTshivhase?ziusticegomza Enq: MS TSHIVHASE TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT AND TO: IAN LEVITT ATTORNEYS Attorneys for the Applicants 19th Floor, Sandton City Of?ce Towers Rivonia and 5?h Street Johannesburg Po Box 783244 Sandton,2146 Tel: 011 784 3310 Cell: 083 959 4610 Email: REF: AND TO: MADLANGA PARTNERS INC. ATTORNEYS Attorney for the Sixth Respondent The Hyde Park Offices 1St Floor, Blook A Strouthos Place, Hyde Park Johannesburg Tel: 011 490 1711 Email: ququlethu@mpiattornevscoza sinazosmadlanqa?ggmail.com AND TO: MAJANG INC ATTORNEYS Attorneys for the Seventh Respondent 9 Felstead Avenue Fancourt Of?ce Park, Building 12 Northriding Johann?sburg Tel; 011 704 1348/2649 Cell: 071 648 6858 and 061 409 2779 mauoshi?maianqinc.eo.za 175? [76 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) In the matter between; KHOSA, MPHEPHU MONTSHA, NOMSA MUVHANGO, THABIISO and MINISTER OF DEFENCE AND MILITARY VETERANS SECRETARY FOR DEFENCE CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE MINISTER OF POLICE NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT CHIEF OF THE CAPE TOWN CASE NO.: 21521120 First Applicant Second Applicant Third Applicant First Respondent Second Respondent Third Respondent Fourth Respondent Fifth Respondent Sixth Respondent Seventh Respondent METROPOLITAN POLICE DEPARTMENT CHIEF OF THE EKURHULENI METROPLITAN POLICE DEPARTMENT OFFICE OF THE MILITARY INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE MINISTER OF COOPERATIVE GOVERANCE AND TRADITIONAL AFFAIRS I77 Eighth Respondent Ninth Respondent 2 OMBUD Tenth Respondent Eleventh Respondent NOTICE TO OPPOSE KINDLY TAKE NOTICE that the Sixth Respondent hereby gives notice of its intention to oppose the application proceedings herein. FURTHER TAKE NOTICE that the Sixth Respondent hereby appoints the below mentioned attorneys as its attorneys of record at which address it will accept service of all processes, notices and documents in the application proceedings. PLEASE TAKE NOTICE THAT the Sixth Respondent hereby ?les its intention to oppose the above matter and appoints Madlanga and Partners Inc. Attorneys as its attorneys of record. DATED and SIGNED at HYDE PARK on 24th day of APRIL 2020 (Electronic Signature) PER: G.O. MADLANGA MADLANGA PARTNERS INC. ATTORNEYS (An Attorney with the Right of Appearance in terms of Section 4(2) of Act 62 of 1995) Sixth Respondent?s Attorneys The Hyde Park Of?ces 1st Floor, Block A Strouthos Place, Hyde Park JOHANNESBURG MATGOMI461 Tel: (011) 447-0345 CELL: 071 673 7738 Fax: 086 219 0390/ (011)447 6666 Email: ggqulethu?mpiattorneyscoza admin?mpiattorneyscoza CIO NGENO 8: MTETO ATTORNEYS BROOKLYN OFFICE PARK 488 FEHRESEN STREET BROOKLYN Tel: (012) 323 0154 Fax: (012) 323 0192 Ref: Mr Tando Ngeno TO: AND TO: AND TO: THE REGISTRAR OF THE HIGH COURT GAUTENG DIVISION PRETORIA IAN LEVITT ATTORNEYS Applicant?s Attorneys 19TH Floor, Sandton City Of?ce Towers Rivonia and 5th Street JOHANNESBURG P. O. Box 783244 Sandton,2146 Tel: (011) 784 3310 Cell: 083 959 4610 Email: wikus?i?ianlevittooza REF: STATE ATTORNEY PRETORIA First to Fifth Respondent Attorneys Ground Floor, SALU Building 316 Thabo Sehume Street PRETORIA Private Bag X91 I79 Pretoria, 0001 REF.: TSHIVHASEIZTB Tel: (012) 309 1697 Fax: (086)447 5976 Cell: 076 996 1681 Email: LTshivhase@iustice.govza Enquiry: MS TSHIVHASR 4 AND TO: AND TO: CHIEF OF THE CAPE TOWN METROPLOITAN POLICE DEPARTMENT Seventh Applicant 7 Martin Way Cape Town Center Cape Town Tel: 012 596 1999 Email: oharl.kitchinq@oaoetown.qov.za MAJANG INC. ATTORNEYS Attorneys for the Eighth Respondent 9 Felstead Avenue Fancourt Of?ce Park, Building 12 Northriding Johannesburg Tel: (011) 704 1348/2649 Cel: 071 648 6858 and 061 409 2779 Email: maianq@n1aianqino.oo.za magoshi@maianginc.co.za AND TO: OFFICE OF THE MILITARY OMBUD Tenth Respondent 349 Avenue WI Eco Park Estate Pretoria Tel: (012) 676 3800 Email: milobud@milobud.org Intake?lmilombudurq I?d? W3 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO. 21521/20 In the matter between: KHOSA, MPHEPHU MONTSHA, NOMSA MUVHANGO, THABISO and MINISTER OF DEFENCE AND MILITARY VETERANS SECRETARY FOR DEFENCE CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE MINISTER OF POLICE NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT OFFICE OF THE MILITARY OMBUD INVESTIGATIVE DIRECTORATE INDEPENDENT POLICE First Applicant Second Applicant Third Respondent First Defendant Second Defendant Third Defendant Fourth Respondent Fifth Respondent Sixth Respondent Seventh Respondent Eight Respondent Ninth Respondent 13b. MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent THE SEVENTH NOTICE OF INTENTION TO OPPOSE BE PLEASE TO TAKE NOTICE THAT the Seventh Respondent hereby gives notice of its intention to oppose this matter and appoints the of?ces of its Attorney of record, as the address at which he will accept all notices and documents relating to this action. BE PLEASED TO TAKE FURTHER NOTICE that the Eight Defendant shall accept service of all subsequent process or documents at its attorneys of address situated at 9 Felstead Avenue, Fancourt Of?ce Park, Building 12 First Floor, Northriding c/o Ngoato Attorneys Pretoria Tower Building, Paul Kruger and Pretorious Street, Pretoria Central. DATED at JOHANNESBURG on this the 26th day of April 2020. (electronically transmitted) MAJANG INC ATTORNEYS Attorneys for the Seventh Respondent 9 Felstead Avenue Fancourt Office Park, Building 12 Northriding Johannesburg I155 Tel: 011 704 1348/2649 Fax: 011 484 1955 Cell: 071 648 6858 Cell: 061 409 2779 e-mail: maianq@maianqinc.co.za; Ref: NGOATO ATTORNEYS SUITE 505/9 Pretoria Tower Building Paul Kruger Pretorious Street Pretoria Central Tel: 012 321 0738 TO: THE REGISTRAR OF THE HIGH COURT, GAUTENG DIVISION, PRETORIA BRAAMFONTEIN, JOHANNESBURG AND TO: MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent STATE ATTORNEY 28th Floor, 316 Thabo Sehume Pretoria Tel: 012 309 1697 Email: TiPiIIav?liusticenovzm Ltshivahse?liusticenomza; Lufuno.Funie18@qmail.com; REF: TSHIVHASEIZ73 AND TO: SECRETARY FOR DEFENCE Second Respondent STATE ATTORNEY 28th Floor, 316 Thabo Sehume Pretoria Tel: 012 309 1697 Email: TiPiIIth?liusticeoovza; Ltshivahset?liusticenomza; Lufuno.Funie18@gmail.com REF: TSHIVHASEIZT3 AND TO: CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE STATE ATTORNEY Third Respondent 28th Floor, 316 Thabo Sehume Pretoria Tel: 012 309 1697 Email: TiPillav@iU3tice.Qov.za; Ltshivahse@iusticegovze; Lufuno.Funie18@gmail.com; REF: TSHIVHASEIZ73 AND TO: MINISTER OF POLICE STATE ATTORNEY l?b? Fourth Respondent 28th Floor, 316 Thabo Sehume Pretoria Tel: 012 309 1697 Email: TiPiIlay@iustioe.qov.za; Lufuno.Funie18@qmail.oom; REF: TSHIVHASEIZ73 AND TO: NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent STATE ATTORNEY Fifth Respondent 28th Floor, 316 Thabo Sehume Pretoria Tel: 012 309 1697 Email: TiPillay?iustice.qov.za; Ltshivahse??liustiee.qov.za; Lufuno.Funie18@qmail.com; REF: TSHIVHASEIZ73 AND TO: MADLANGA PARTNERS INC. ATTORNEYS Attorneys Sixth Respondent The Hyde Park Of?ces 1St Floor, Block A Strouthos Place, Hyde Park Johannesburg Tel: 011 447 0345/3720 Email: Guaulethu?moiattornevaooza; Sinazomadlanqa@qmail.com; AND TO: OFFICE OF THE MILITARY 0MBUD STATE ATTORNEY Eighth Respondent 28th Floor, 316 Thabo Sehume Pretoria Tel: 012 3091697 Email: TiPilIav?iustioe.qov.za; Ltshivahse?iusticeoomza; Lufuno.Funie18@qmail.oom; REF: TSHIVHASEIZ73 AND TO: INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STATE ATTORNEY Ninth Respondent 28th Floor, 316 Thabo Sehume Pretoria Tel: 012 309 1697 Email: TiPillav?iustioe.oov.2a; Ltshivahse@iustioe.qov.za; Lufuno.Funie18@qmail.oom; REF: TSHIVHASEIZ73 AND TO: MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS 17$ Tenth Respondent STATE ATTORNEY Fifth Respondent 28th Floor, 316 Thabo Sehume Pretoria Tel: 012 3091697 Email: TiPillav@iu5tiee.qov.za: Ttshivahse?iusticeoovza; Lufuno.Funie18@qmail.com; REF: TSHIVHASEIZT3 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISIO, PRETORIA) In the matter between: KHOSA, MPHEPHU MONTSHA, NOMSA MUVHANGO, THABISO and MINISTER OF DEFENCE AND MILITARY VETERANS SECRETARY FOR DEFENCE CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE MINISTER OF POLICE NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT OFFICE OF THE MILITARY OMBUD INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE CASE NO: 21521120 First Applicant Second Applicant Third Applicant First Respondent Second Respondent Third Respondent Fourth Respondent Fifth Respondent Sixth Respondent Seventh Respondent Eighth Respondent Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent NOTICE PLEASE TAKE NOTICE THAT the Eighth and Ninth Respondents hereby intends to abide by the decision of this Honourable Court. The Respondents appoint the address of their attorneys as the address where all documents in the application may be served. PLEASE TAKE FURTHER NOTICE THAT the Respondents shall accept service of all subsequent documents and notices at their attorneys address situated at Salu Building, 316 Thabo Sehume Street, Pretoria. The Respondents are further prepared to accept service of all subsequent documents and notices by means of electronic mail at Lufuno.funie18@omail.com and DATED and SIGNED at PRETORIA on the 26?" day of APRII: 2020STATE ATTORNEY PRETORIA 08th and 09th Respondents?Attorneys Ground Floor, Salu Buiding 316 Thabo Sehume Street Pretoria Private Bag 91 Pretoria,0001 Ref: Tel: (012) 309-1697 Fax: (086) 447 5976 Cell: 076 996 1681 EMAIL: ufuno.funie18@omail.com and LTshivhase@justice.gov.za Enq: MS TSHIVHASE I?tl TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT AND TO: IAN LEVITT ATTORNEYS Attorneys for the Applicants 19th Floor, Sandton City Of?ce Towers Rivonia and 5th Street Johannesburg Po Box 783244 Sandton,2146 Tel: 011 784 3310 Cell: 083 959 4610 Email: REF: AND TO: MADLANGA 8: PARTNERS INC. ATTORNEYS Attorney for the Sixth Respondent The Hyde Park Of?ces 1st Floor Block A Strouthos Place, Hyde Park Johannesburg Tel: 011 490 1711 Email: ououlethu@moiattorneys.oo.za sinazosmadlanga@qmail.com AND TO: MAJANG INC ATTORNEYS Attorneys for the Seventh Respondent 9 Felstead Avenue Fancourt Of?ce Park, Building 12 Northriding Johannesburg W3 Tel; 011 704 1348/2649 Cell: 071 648 6858 and 061 409 2779 Email: maianq?maianqinccaza maqoshi@maLanqinc.co.za IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO. 21521I20 In the matter between: KHOSA, MPHEPHU First Applicant MONTSHA, NOMSA Second Applicant MUVHANGO, THABISO Third Applicant and MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent SECRETARY FOR DEFENCE Second Respondent CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent MINISTER OF POLICE Fourth Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent ACTING CHIEF OF THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT Sixth Respondent CHIEF OF THE EKURHULENI METROPOLITAN POLICE DEPARTMENT Seventh Respondent OFFICE OF THE MILITARY OMBUD Eighth Respondent INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Ninth Respondent MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Tenth Respondent NOTICE OF SET DOWN (?17 TAKE NOTICE THAT the matter been set down on the urgent motion roll for hearing in the above Honourable Court on 1 May 2020, at 10H00 or as soon thereafter as the matter may be heard. DATED AT JOHANNESBURG ON THIS THE 28th DAY OF APRIL 2020 IAN ATTORNEYS Attorneys for Applicants 19th Floor, Sandton City Office Towers Rivonia and 5th Street Johannesburg Po Box 783244 Sandton, 2146 Tel: 011 784 3310 Cell: 083 959 4610 E?mail: REF: STEYLIMAT3055 TO: THE REGISTRAR ABOVE HONOURABLE COURT AND TO: MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent c/o STATE ATTORNEY AND TO: AND TO: 28th Floor, 316 Thabo Sehume Street Pretoria 012 309 1697 Email: Mf?jl?ti?im Ltshivhase@iustice.qomza REF: TSHIVHASEIZ73 SECRETARY FOR DEFENCE Second Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E-mail: TiPillav@iustioe.oov.za Ltshivhasef?d?osttoe.qov.za LufunoFunie18?omaltcom REF: TSHIVHASEIZ73 CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE Third Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street AND TO: AND TO: Pretoria Tel: 012 3091697 E-mail: TiPillav?iusticeqovza Lufuno.Funie18@gmail.oom REF: TSHIVHASEIZT3 MINISTER OF POLICE Fourth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E-mail: TiPiIIav?iustioe.oov.za LtShivhase@justiceqovza LufunoFunie18?qmaitcom REF: TSHIVHASEIZ73 NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Fifth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street '77 AND TO: AND TO: Pretoria Tel: 012 309 1697 E?mail: TiPIllaygfi}iusticetmvza LtshivhaseC?iusticecgvza Lufuno.Funie18@qmail.com REF: TSHIVHASEIZ73 MADLANGA 8: PARTNERS INC. ATTORNEYS Attorneys for the Sixth Respondent The Hyde Park Offices 19't Floor, Block A Strouthos Place, Hyde Park Johannesburg Tel: 011 447 0345/3720 E-mail: sinazosmadlanga@gmail.com MAJANG INC ATTORNEYS Attorneys for Eight Respondent 9 Felstead Avenue Fancourt Of?ce Park, Building 12 Northriding Johannesburg 1?15 AND TO: ANDTO: Tel: 011 704 0348/2649 Cell: 071 648 6858/ 061 409 2779 E?mail: maiang@mai.anginc.co.za REF: OFFICE OF THE MILITARY 0MBUD Ninth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E-mail: TiPiIlav?liusticeoovza LquInoFunie18@qmail.com REF: TSHIVHASEIZ73 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Tenth Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E-mail: Lufuno.Funie1?omail.com REF: TSHIVHASEIZT3 AND TO: MINISTER OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Eleventh Respondent c/o STATE ATTORNEY 28th Floor, 316 Thabo Sehume Street Pretoria Tel: 012 309 1697 E-mail: TiPillav?giusticeoovza Ltshivhase@iustioe.oov.za Lufuno.Funie18@qmaii.com REF: TSHIVHAS EIZ73