Arrest of 11 Anti-Gang Unit officers raises concerns over due process

Both the Western Cape Director of Public Prosecutions, Nicolette Bell, and Provincial Commissioner, Lieutenant-General Thembisile Patekile, spoke out regarding the recent arrests of eleven members of the Anti-Gang Unit (AGU).

These officers face serious charges, including kidnapping, torture, and the murder of a man from Manenberg, as well as the assault of his friends, who were allegedly subjected to interrogation during the incident.

The officers, who may not be identified as per a court ruling, returned to the Athlone Magistrate's Court on Monday for their bail applications.

Their appearance comes after they allegedly murdered an alleged gangster by the name of Wade Price from Manenberg on December 4, following an interrogation of a shooting incident that occurred outside the same court a week ago.

Three of the AGU members were back in the dock on Monday at the Athlone Magistrates' Court for their formal bail application. The eight remaining members are due back in court for their bail application on Thursday, December 19.

The members are facing charges of murder, 4 counts of Assault GBH, 4 counts of kidnapping and one count of torture.

Western Cape Director of Public Prosecutions Nicolette Bell said the AGU matter is still being investigated. 

“Yes, 11 members were arrested. These 11 members are facing serious allegations. A murder was committed while being on duty, heinously so.

“SAPS officials must be able to be trusted when they're doing their work. There's also the trust that the community must have that if somebody has been arrested, due process will be followed. 

“In this instance, the evidence shows that due process was not followed. Therefore, the members were arrested, and if there was a murder, we will oppose bail, until the matter is fully investigated, given the position that they have,” Bell said.

“Also important to mention is that no case is the same as the other; we determine each case based on the evidence that we have before ourselves.

“So it would be unfair to draw parallels between different cases.

“Some of the community members will be up in arms because it's young people that have been arrested, but they've also been entrusted by SAPS, by the community, to do their work and to do it diligently, and that SAPS suspects must not be abused,” Bell said.

“So if anybody is arrested, then they must know that they will be safe in the custody of SAPS.

“Given the evidence and the evidence that has been presented to me by my office. I support, at this stage, us opposing bail because we've got to consider the interest of the investigation that will unfold, as well as the interest of the community and as this is a very serious offence.

Provincial Commissioner, Patekile said: “You understand that an alleged crime is an alleged crime.

“Now, our support between an employee and employer relationship is not in a public space, but what we do assist with is the legal representation, but that is a process that a person applies for, and then we consider that.

“We do not want to comment on what is subject to subjudice,” Patekile said, before adding, “Of course, I'm not happy that the people, our members are here are arrested.

“I would have loved for them to go to court like any other person, but we'll leave that (the matter) to the courts. We'll leave that for investigation with IPID so that we don't seem to be interfering with whatever; we let the law take its course,” he said.

Asked if they are going to replace the spots which are now left vacant due to the case against the AGU members, he said, “You must remember that those people attain a lot of experience by working in that environment, even if we are now (busy) with the new people who are going to (SAPS training) college in January. 

“We have ring-fenced 50 members who will go to AGU straight from deployment. We're currently busy with those interviews now, and some are going for medical assessments and all that.

“But we respect the courts, we respect what the IPID has to do, but we remain focused and with our members who are on duty to do the business of the day. We are giving the necessary support in terms of other EHW (Employee Health & Wellness) issues that must be dealt with in that space,” he said.

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