The Winnie Mandela Incident and Implications for Law Enforcement
In instances of possible interference of politicians with law enforcement officers, this should be independently investigated since it constitutes a threat to the rule of law.
Johan Burger, Senior Researcher, Crime and Justice Programme, ISS Pretoria
On Thursday, December 30, 2010, two uniformed SAPS members, Warrant Officer Jannie Odendaal and Constable Abel Twala, from the South African Police Service (SAPS) Emergency Response Unit, were patrolling the M1 north highway near Sandton in Johannesburg when they noticed a silver Audi A6 with tinted windows travelling allegedly at a high speed with bright headlights on and with hazard lights flashing. According to these police members, they checked the registration number of the Audi via radio control and were informed that the vehicle was possibly stolen. Although the officers were in an unmarked police car, they turned their vehicle`s blue lights on and gave chase. Once the vehicle was stopped it became apparent that it was being used to chauffeur Member of Parliament and ANC executive committee member, Ms Winnie Madikizela-Mandela.
There are two versions as to what happened once the police officers stopped the Audi. The police officials claim that Ms. Madikizela-Mandela`s bodyguard, Jacob Monare assaulted Warrant Officer Odendaal and both she and the bodyguard shouted verbal abuse at them. They also claim that they were prevented from searching the vehicle or from performing any of their other functions as law enforcement officials. Ms. Madikizela and her bodyguard have a completely different version. According to them it was the police who did the swearing and who also threatened them with a firearm. They subsequently laid criminal charges against the two members for intimidation and the pointing of a firearm.
Nevertheless, before any investigation into the allegations was complete, the two police officials were transferred and their official firearms and cell phones were also confiscated. Warrant Officer Odendaal, who lives in Brakpan, was transferred to the Soweto Flying Squad, approximately 70 km from his home and Constable Twala, who lives in Soweto, was transferred to the East Rand. They have to travel these distances daily at their own cost.
The police members also state that they were `advised` by the Provincial Commissioner Lieutenant General Mzwandile Petros to apologise to Ms. Madikizela-Mandela at her residence. The police officers, feeling that the SAPS leadership was not supporting them, then went to the media to give their side of the story. They stated that they had done nothing wrong and that they refused to apologise for doing their jobs. A spokesperson for the Provincial Commissioner subsequently denied that they were asked to apologise. Later, the Senior Public Prosecutor rejected the criminal case docket against the police officers as it contained insufficient evidence to uphold any charges and was referred back to the SAPS for `proper investigation`.
What is unusual is that that harsh action has been taken against these police members prior to any thorough investigation into the incident. It is very rare for police officials to be transferred or sanctioned where little else other than allegations exist. That such relatively drastic measures were taken against the two members suggests that police management felt the need to be seen to appease a ruling party politician. Subsequently, various organisations have asked that an independent investigation into the incident be conducted reflecting growing concerns of political interference with the police.
Unfortunately, there are too many instances whereby the credibility of our police has been undermined by acting outside principles of the rule of law or because of political dynamics. We now know that senior SAPS Crime Intelligence officers misused their office to protect the previous National Commissioner of Police Jackie Selebi from corruption charges of which he was ultimately found guilty. There are also a number of reports whereby SAPS VIP officials have not only broken the law when escorting politicians but also harmed ordinary citizens.
There can be little doubt that incidents such as this have a very negative impact on the morale of many honest and hardworking police officials. It is also extremely damaging to the rule of law and the fight against crime. Law enforcement officers will in future start to think twice before they stop persons holding political office or with political connections. This can only lead to indecision, reluctance and even deliberate inaction by the police when confronted by offending politicians and can only benefit politicians who wish to exploit this situation.
This is of course not a uniquely South African problem, but we would be wise to learn from other countries where this occurs. GP Joshi, from the Common Wealth Rights Initiative (CHRI) in India, highlights a number of examples of political interference in law enforcement and even a seemingly wide spread tolerance by the police of this practice. In an article titled `The Police and the Rule of Politics`, Joshi argues that in India it is not the rule of law that prevails, but the rule of politics. According to him the credibility of the police is so low that `... even where action taken against a politician is perfectly legitimate ... the public do not always accept it. The politician knows it and therefore ... poses as a victim of political vendetta ...`.
The inherent dangers of a situation where the police is afraid to act against politicians who break the law, are obvious and in the words of Joshi not only `brings the law into disrepute, but shakes the very foundations of democracy.` He closes his article by pointing out one of the pertinent dangers of this kind of situation:
`When the police ... are used by ... people in authority to break or even bend the law to sub-serve doubtful ends, those concerned will have set the police on the high road to many more serious violations ... Once this happens, there is no stopping the police from helping themselves in ... [many] devious ways.`
It is crucial, both for the rule of law and for police morale, that the so-called Winnie Mandela incident is independently and thoroughly investigated. This is very necessary to ensure that if the police officials were guilty of misconduct that they can be properly and fairly sanctioned. As importantly, the allegations made against Ms. Madikizela-Mandela and her body guard need to be investigated and if it is found that they violated the law or interfered with police duties, that appropriate action is taken. This is important for purposes of reassuring the public, restoring public trust in the impartiality of the police and to act as a deterrent for police misconduct.
