The Minister of Police 5 October 2023

Mr. Bheki Cele

E – Mail: gaehlersmk@saps.gov.za
SinghLen@saps.gov.za
philanderdarane@saps.gov.za

AND TO: The National Commissioner

Genl SF Masemola
South African Police Service
PRETORIA

E – Mail: MasemolaSF@saps.gov.za
depnatcom@saps.gov.za
selepemashadi@saps.gov.za

AND TO: The Executive Director

Independent Police Investigative Directorate
Ms DJ Ntlatseng

E – Mail: tmahibila@ipid.gov.za

Dear Sir, General and Madam,

TRAGIC DEATH OF LIEUTENANT COLONEL CHARL KINNEAR

1. We have consulted with Nicolette Kinnear, the widow of Lt Col Kinnear

(Kinnear).

2. We act pro bono on her behalf.

3. It is now three years since the tragic assassination of Kinnear.

4. Our client already consulted with South African Police (SAPS) management

and submitted testimony to the Portfolio Committee on Police. Nonetheless,

she has witnessed no satisfactory progress or assuaging explanations

regarding Kinnear's murder and has reached the end of her tether, therefore,

our involvement.

5. It is a sad day indeed, yet deplorable that she is expected to accept as inevitable

that Police Management is indifferent or unsurprisingly unable to deal with the

recommendations of the Independent Police Investigating Directorate (IPID)

report (Kinnear Investigation and related matters).

6. This letter intends to address the absolute failure of the SAPS and the National

Prosecuting Authority (NPA) to address those individuals within the SAPS

whose conduct enabled the tragic assassination of Kinnear.

7. It defies all belief that the SAPS has done nothing to address or prevent the

failures that made the assassination possible.

8. The always predictable comments and empty promises by the Minister of

Police, Mr Bheki Cele, uttered at the crime scene can again unsurprisingly be

likened to the proverbial "empty vessel" speeches. Numerous have come to

nought. He said that, on his information, the police failed Kinnear and that

heads would roll.

9. We reiterate three years later, no heads rolled, no disciplinary steps were

instituted, and the IPID recommendations were ignored. Similarly, in numerous

other cases, there have been no consequences for the hollow, politically

motivated pronouncements by the Minister of Police.

10. Coincidently, whilst preparing this letter and to our utmost surprise, the National

Commissioner Genl Masemola, at a press briefing on 3 October 2023, to our

mind, conveniently used as an irrelevant excuse the reference to a judgment of

the High Court in Cape Town (Judgment by the Honourable Justice Thulare)

and expressed expectation of yet a further investigation report.

11. Respectfully, the reliance on this Judgment and findings by the Honourable

Justice cannot impact the recommendation of the IPID report.

12. It defies belief that the NASCOM, cannot act but rather require further reports

and steadfastly choose to ignore the IPID report. The ineluctable inference is

that of a cover-up and delay to ensure that the matter will disappear.

13. Our inference is reinforced by the farcical handling of the IPID report, as

mentioned infra, namely,

a. The report was retrospectively classified, first wrongly and then by the

report's author.

b. The retrospective classification happened after the report was widely

available in the public domain.

14. This unclassified report was publicly available and was attached to form the

basis of the complainant's statement in Bishop Lavis CAS 53/08/2022.

15. Although the preliminary report was presented to the Executive Director on 29

September 2021, the finalisation and failure of implementation allowed for the

resignation and retirement of certain implicated members without any

consequence. This reality "absolves" Police Management from taking action

against their own. It is so much easier to blame the NPA and courts should

criminal prosecution not follow or be unsuccessful.

16. Indubitably, such amateurish conduct indicates a desperate scramble, which

we suggest is a continued cover-up of police incompetence and conceivably

embarrassing police criminality.

17. Unfortunate as the failure to act by SAPS may be, the failure to communicate

and update the widow of Kinnear is inexcusable. The failure to communicate

with the widow of one of their own can only be inferred to be an avoidance of

accountability by creating a masked cover-up.

18. Undoubtedly, the SAPS owes it to the victims and society to be transparent and

go the extra mile in its attempts to restore public trust in the SAPS.

19. Having perused the minutes of the Portfolio Committee on Police's meetings on

2 and 9 November 2022, an inference of deliberate failure to act on the

recommendations of the IPID report is inescapable.

20. The IPID report recommended criminal investigation of certain members and

caused case dockets to be registered. No feedback has been provided on the

"legal review" of the NPA's decision not to prosecute.

 21. We call upon you to provide such information.

22. Acting on our recommendation, Ms Kinnear opened a Culpable Homicide

docket (Bishop Lavis CAS 53/08/2022) against the members responsible for

irrationally withdrawing the protection of Kinnear. It has now been more than a

year, and despite the IPID investigation that uncovered evidence worthy of

classifying the IPID report, there has been no progress in this investigation. It

cannot be unreasonable to expect meaningful feedback and the date of the first

appearance of the arrested accused.

23. We hold a brief to take whatever steps to ensure that Police Management

decides whether to institute disciplinary action. A formal process will, however,

result in unnecessary legal costs, and we implore Police management to inform

us if disciplinary action will follow against the identified members.

Yours sincerely

GERRIE NEL
HEAD: PRIVATE PROSECUTION UNIT
E – Mail: onsvervolg@afriforum.co.za