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Commission of Inquiry

Complaint lodged by THE SOCIAL JUSTICE COALITION, THE TREATMENT ACTION CAMPAIGN, EQUAL EDUCATION, FREE GENDER, TRIANGLE PROJECT and NDIFUNA UKWAZI with the PREMIER OF THE WESTERN CAPE PROVINCE  in respect of police inefficiency and a breakdown in relations between the police and the community of Khayelitsha

Applicants’ Documentation

FOUNDING DOCUMENTATION

ANNEXURES

Ndifuna Ukwazi’s Documentation

RESPONDING DOCUMENTATION

ANNEXURES

Applicants’ Documentation

FOUNDING DOCUMENTATION:

Applicants’ Notice of Motion

First Applicant, Minister of Police, Nathi Emmanuel Nkosinathi Mthethwa’s Affidavit

Second Applicant, National Commissioner of the SAPS, Mangwashi Phiyega’s Affidavit (AL89.)

Third Applicant, Provincial Police Commissioner (Western Cape), Arno Heinrich Lamoer’s Affidavit:

Fourth Applicant, Secretary of Police, Jenny Irish-Qhobosheane’s Affidavit (AL90.)

Fifth Applicant, Colonel Micheal Francis Reitz’s Affidavit

Sixth Applicant, Brigadier Zithulele Moses Dladla’s Affidavit

Seventh Applicant, Colonel Tshotleho Joseph Raboliba’s Affidavit

Confirmatory Affidavit: Deputy Provincial Commissioner of the SAPS (Western Cape), Hendrik Salmon Burger

Confirmatory Affidavit: Lieutenant- General Julius Molefe

Confirmatory Affidavit: Director of Public Prosecutions (Western Cape), Rodney James De Kock

ANNEXURES:

11 February 2011 – Minutes from Provincial Heads of Departments Meeting (AL1.)

17 June 2011 – Minutes from Heads of Secretariat Meeting (AL2.)

23 September 2011 – Minutes from Heads of Secretariat Meeting (AL3.)

11 November 2011 – Minutes from Heads of Secretariat Meeting (AL4.)

24 February 2012 – Minutes from Heads of Secretariat Meeting (AL5.)

15 June 2012 – Minutes from Heads of Secretariat Meeting (AL6.)

25 February 2011 – Minutes of the MINMEC Meeting (AL7.)

1 July 2011 – Minutes of the MINMEC Meeting (AL8.)

24 November 2011 – Minutes of the MINMEC Meeting (AL9.)

16 March 2012 – Draft MINMEC Meeting Minutes (AL10.)

22 June 2012 – Draft MINMEC Meeting Minutes (AL11.)

18 July 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL12.)

23 August 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL13.)

29 August 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL14.)

26 September 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL15.)

9 October 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL16.)

17 October 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL17.)

24 October 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL18.)

31 October 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL19.)

7 November 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL20.)

14 November 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL21.)

28 November 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL22.)

12 December 2011 – Agenda of Standing Meeting between General Lamoer and Dr. Lawrence (AL23.)

6 February 2012 – Agenda of Standing Meeting General Lamoer and Dr. Lawrence (AL24.)

10 July 2012 – Agenda of Standing Meeting Minister D. Plato, General Lamoer and Dr. Lawrence (AL25.)

3 September 2012 – Agenda of Standing Meeting Minister D. Plato, General Lamoer and Dr. Lawrence (AL26.)

28 August 2012 – Standing Meeting Action Minutes (AL27.)

3 September 2012 – Standing Meeting Action Minutes  (AL28.)

17 August 2012 – Letter from Minister of Community Safety, D. Plato, to WC Provincial Police Commissioner, General A. Lamoer (AL29.)

3 August 2012 – Report on Serious Crime in Khayelitsha and Surrounding Areas by Major General CP de Kock (AL30.)

23 August 2012 – Statistics on number of complaints attended, investigated, and received against service delivery by Khayelitsha SAPS (AL31.)

2007/2008-2011/2012 – Lingelethu-West Crime Statistics (AL32.)

2007/2008-2011/2012 – Harare Crime Statistics (AL33.)

List of Complaints received by Khayelitsha SAPS (AL34.)

List of Complaints received SAPS in Lingelethu-West (AL35.)

List of Complaints received SAPS in Harare (AL36.)

April 2012 – Community Safety Barometer 20112012 (Commissioned by Western Cape Government) (AL37.)

9 December 2011 – Letter from Premier of the Western Cape, H. Zille, to the Western Cape Provincial Commissioner of Police, General A. Lamoer (AL38.)

14 February 2012 – Letter from Premier of the Western Cape, H. Zille, to the Western Cape Provincial Commissioner of Police, General A. Lamoer (AL39.)

1 March 2012 – Letter from Provincial Commissioner of Police, General A. Lamoer, to Premier of the Western Cape, H. Zille (AL40.)

Minutes of Community Leadership Meeting with Minister Mthethwa and General Lamoer (AL41.)

22 May 2012 – Letter from Letter from Premier of the Western Cape, H. Zille, to the Western Cape Provincial Commissioner of Police, General A. Lamoer (AL42.)

24 May 2012 – Email from Commissioner Lamoer’s office to the Premiers office acknowledging receipt of complaint (AL43.)

5 June 2012 – Agenda of Public Participation Program (AL44.)

5 June 2012 – Cape Argus article on Inquiry over mob justice on the cards by Clayton Barnes (AL45.)

13 June 2012 – Letter from Premier of the Western Cape, H. Zille, to the Western Cape Provincial Commissioner of Police, General A. Lamoer (AL46.)

18 June 2012 – Email from Western Cape Provincial Commissioner of Police, General A. Lamoer to Premier of the Western Cape, H. Zille (AL47.)

22 June 2012 – Letter from Premier of the Western Cape, H. Zille, to the National Commissioner of Police, General MV Phiyega (AL48.)

7 June 2012 – Letter from Major General Jephta to Lt-General Tshabalala (AL48_A.)

26 June 2012 – Letter from office of the Provincial Commissioner of Police, A. Lamoer, to the office of the National Commissioner of Police (AL48_B.)

2 July 2012 – WC Premier Helen Zille announces update on proposed Commission of Inquiry into policing in Khayelitsha (AL49.)

3 July 2012 – Letter from Premier of the Western Cape, H. Zille, to the National Commissioner of Police, General MV Phiyega (AL50.)

13 July 2012 – Request by Minister Mthethwa for a meeting with the Premier of the Western Cape, H. Zille (AL50_A.)

13 July 2012 – Letter from the Women’s Legal Centre (WLC) to National Police Commissioner, Phiyega, and WC Premier, Zille (AL51.)

16 July 2012 – Letter from the Premier of the WC, H. Zille, to the WLC (AL52.)

19 July 2012 – Letter from the WLC to the Premier of the WC, H. Zille (AL53.)

7 August 2012 – Letter from the National Commissioner of Police, General MV Phiyega, to the Premier of the WC, H. Zille (AL54.)

22 August 2012 – Media statement by WC Premier, H. Zille Appointment of Commission of Inquiry into Policing in Khayelitsha (AL55.)

22 August 2012 – Khayelitsha policing to be probed Zille (AL56.)

22 August 2012 – SJC and others welcome inquiry into Khayelitsha policing (AL57.)

24 August 2012 – Provincial Gazette NO. 92012 Proclamation of commission of inquiry into allegations of police inefficiency in Khayelitsha (AL58.)

27 August 2012 – Letter from Minister Mthethwa to the Premier of the WC, H. Zille (AL59.)

28 August 2012 – Letter from the Premier of the WC, H. Zille, to Minister Mthethwa (AL60.)

3 September 2012 – Letter from the Premier of the WC, H. Zille, to Minister Mthethwa (AL62.)

4 September 2012 – Letter from Minister Mthethwa to the Premier of the WC, H. Zille (AL63.)

25 September 2012 – Letter from Minister Mthethwa to the Premier of the WC, H. Zille (AL64.)

8 October 2012 – Letter from the Premier of the WC, H. Zille, to Minister Mthethwa (AL65.)

11 October 2012 – Letter from the Premier of the WC, H. Zille, to Minister Mthethwa (AL66.)

11 October 2012 – Letter from Minister Mthethwa to the Premier of the WC, H. Zille (AL67.)

Terms of reference for an independent policing panel into non-delivery of services by SAPS and the metro police in Khayelitsha and other areas (AL67_A.)

19 October 2012 – Letter from the Premier of the WC, H. Zille, to Minister Mthethwa (AL68.)

23 October 2012 – Letter from the Premier of the WC, H. Zille, to Minister Mthethwa (AL69.)

22 October 2012 – Letter from the WLC to the Premier of the WC, H. Zille (AL70.)

24 October 2012 – Letter from Minister Mthethwa to the Premier of the WC, H. Zille (AL71.)

26 October 2012 – Letter from the Premier of the WC, H. Zille, to Minister Mthethwa (AL72.)

6 February 2011 – Comment on the complaint by Detective Coordinator Khayelitsha Cluster, Colonel A. Wiese (AL73.)

6 September 2012 – Letter from Secretary to the Commission of Inquiry, Amanda Dissel, to Western Cape Provincial Commissioner of Police, General A. Lamoer (AL74.)

6 September 2012 – Letters from Secretary to the Commission of Inquiry, Amanda Dissel, to the Lingelethu West, Khayelitsha and Harare Station Commanders (AL75.)

7 September 2012 – Letter from Acting Provincial Commissioner, SJ Jephta, to Secretary of the CoI acknowledging receipt of documents (AL76.)

16 October 2012 – Note on working practice of the commission, including evidence (AL77.)

19 October 2012 – Provisional list of issues for phase 1 (AL78.)

12 October 2012 – Letter from Chief Director Civilian Oversight, Gideon Morris, to SJ Jephta regarding Police Oversight Audit of SAPS Stations (AL79.)

17 October 2012 – Letter from Provincial Police Commissioner, A Lamoer, to HoD of Department of Community Safety requesting postponement of oversight visits (AL80.)

19 October 2012 – Letter from Chief Director Civilian Oversight, Gideon Morris, to SJ Jephta regarding Police Oversight Audit of SAPS Stations (AL81.)

23 October 2012 – Letter from Provincial Police Commissioner, A Lamoer, to HoD of Department of Community Safety (AL82.)

6 August 2012 – Letter from Chief Director Civilian Oversight, Gideon Morris, to SJ Jephta regarding Police Oversight Audit of SAPS Stations (AL82_A.)

30 October 2012 – Subpoena served by Secretary to the CoI, Amanda Dissel, on the Khayelitsha Station Commander (AL83.)

30 October 2012 – Subpoena served by Secretary to the CoI, Amanda Dissel, on the Harare Station Commander (AL84.)

30 October 2012 – Subpoena served by Secretary to the CoI, Amanda Dissel, on the Lingelethu West Station Commander (AL85.)

30 October 2012 – Subpoena served by Secretary to the CoI, Amanda Dissel, on the Provincial Police Commissioner, A Lamoer (AL86.)

Report on the complaint regarding alleged inefficiency and a breakdown in police-community relations in Khayelitsha, Cape Town by Divisional Commissioner, Tshabalala (AL87.)

Paper on Vigilantism in the Western Cape by Benjamin Häefele (AL88.)

Ndifuna Ukwazi’s Documentation

RESPONDING DOCUMENTATION:

Mandla Majola’s Answering Affidavit:

Supporting Affidavit: Zackie Achmat

Confirmatory Affidavit: Mike Hamnca

Confirmatory Affidavit: Nomthetho Ndzima

Confirmatory Affidavit: Sifiso Zitwana

Confirmatory Affidavit: Thandokazi Njamela

Confirmatory Affidavit: Zukiswa Qezo

ANNEXURES:

Constitution of the Social Justice Coalition (MM1)

5 March 2009 – SJC Condemns Central Arms Deal Corruption Broker Schabir Shaik’s Early Release on Parole (MM2)

4 March 2011 – Sign the Petition: Investigate Cele and Mahlangu-Nkabinde! (MM3)

7 July 2011 – SJC and ISS Call for Urgent Investigation of Public Protector’s Findings and Alleged Police Misconduct (MM4)

25 October 2011 – SJC Welcomes President’s Action on Cele and Mahlangu-Nkabinde (MM5)

31 May 2012 – Notice of Motion for leave to intervene of Corruption Watch and Social Justice Coalition in the application of Freedom Under Law (Applicant) and National Director of Public Prosecutions (1st Respondent) (MM6)

14 June 2012 – Open Letter to Premier Helen Zille (MM7)

4 April 2012 – Letter from the Women’s Legal Centre to Premier Helen Zille (MM8)

April to March 2003/2004 – 2011/2012 – Crime Research and Statistics (MM9)

25 May 2004 – Mail & Guardian article on Khayelitsha is SA’s worst trouble spot by Donwald Pressly (MM10)

15 December 2004 – TAC Newsletter: Commemoration rally for Lorna Mlofana in Khayelitsha (MM12)

13 February 2007 – Judgment by Justice Foxcroft in the appeal of N. Ntumbukane (1st Appellant), V. Dlova (2nd Appellant) and the State (Respondent) (MM13)

27 November 2009 – Email from Mandla Majola to the TAC Secretariat regarding the release of N. Ntumbukane (MM14)

4 July 2008 – Women in Leadership web update (MM20)

23 May 2008 – Memorandum on Gender Based Violence for march in Cape Town (MM21)

2012 ACMS Research Report on Elusive Justice: Somali Traders’ Access to Formal Justice Mechanisms in the Western Cape by V. Gastrow and R. Amit (MM22):

19 May 2008 – WC End Hate Alliance Media Release: The Zoliswa Nkonyana Murder Trial (MM23)

6 August 2009 – WC End Hate Alliance Media Release: Politicians, Human Rights Defenders &b LGBTI Activists Speak-out against Heterosexist Violence (MM24)

8 October 2009 – WC End Hate Alliance Media Release: Trial within a trial Part 2: Constitutionality of Forensic Evidence Questioned (MM25)

18 November 2009 – WC End Hate Alliance Media Release: Zoliswa Nkonyana Murder Trial (MM26)

22 September 2010 – Joint Press Statement by SJC, TAC, EE, Free Gender AIDS Legal Network, Luleka Lisizwe and Triangle Project (MM27)

23 September 2010 – Memorandum to MEC for Community Safety, Albert Fritz (MM28)

6 October 2010 – Letter from SJC, TAC, EE, Free Gender AIDS Legal Network, Luleka Lisizwe and Triangle Project to MEC for Community Safety, Albert Fritz (MM29)

26b November 2010 – Letter from SJC, TAC, EE, Free Gender AIDS Legal Network, Luleka Lisizwe and Triangle Project to MEC for Community Safety, Albert Fritz (MM30)

18 February 2011 – Letter from MEC for Community Safety, Albert Fritz, to Gavin Silber from SJC (MM 30A)

11 March 2011 – TAC Newsletter: Our Justice system has failed us one too many times (MM31)

14 March 2011 – Radebe to meet rape activists (MM32)

4 October 2011 – Memorandum to MEC for Community Safety, Dan Plato (MM33)

5 October 2011 – TAC Newsletter: Justice for Slain Lesbian, Zoliswa Nkonyana (MM34)

22 March 2011 – Response by SAPS to complaint Gavin Silber from SJC (MM35)

30 August 2012 – Request for information relating to complaints opened with IPID/ICD against members of SAPS in Khayelitsha (MM36)

2 December 2011 – Email correspondence between SAPS cluster commander and NGO’s regarding a meeting proposed for 6 December 2011 (MM37)

2 March 2010 – Cape Time article on New police stations and promotions to fight crime services stepped up by Aziz Hartley (MM38)

29 February 2012 – Information provided by Khayelitsha SAPS Site B at meeting with SJC (MM39)

16 October 2012 – Letter from Premier Helen Zille to the Women’s Legal Centre  (MM40)

12 October 2012 – Letter from Minister Mthethwa to Premier Helen Zille (MM41)

Press Alert, 7 November 2012 – MINISTER MTHETHWA’S ACTION – MORALLY UNTENABLE, FACTUALLY FLAWED, LEGALLY UNSUSTAINABLE

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