The torture and murder of Zinakile Fica in March 2014 should have been a straightforward investigation ending with prosecution and the removal of bad cops from an increasingly dirty system. But according to its annual reports, over the past few years, the Independent Police Investigative Directorate has achieved a conviction rate of less than 1% for contact crimes.
In December 2017, the DPP declined to prosecute Fica’s alleged killers, particularly the officer in charge of the operation, who, it is alleged, was present when Fica died and most likely gave the torture order or actively participated in the interrogation. Major questions remain unanswered.
But it was only after the slaughter had bled across the province and included an embarrassingly high number of ANC politicians that a power shift around the time of the ANC’s 54Police then allegedly took Zinakile Fica and three other residents to this building in Isipingo where Fica was allegedly tubed to death. Photo: Vanessa Burger
Mzingisi and Sandla – who were handcuffed together – asked to use the toilet. The officer who had escorted them made them wait a long time before returning them to the office. On their return, they were met by a woman who told them she was from the Ipid. She spoke to them briefly, asked why they were there, took their details and left soon afterwards.
Blood and stomach contents samples obtained by the state pathologist were sent for forensic analysis. We later discovered the case number contained in the covering letter to the laboratory was incorrect. Meanwhile, we discovered the Ipid was conducting two separate investigations – Fica’s inquest and Anele’s assault – using different investigators who appeared not to communicate with each other or share common evidence relevant to both investigations. The Ipid persistently ignored repeated requests to consolidate both dockets under one investigator and the parallel probes continued, ultimately undermining the successful prosecution of both.
Not wanting to put Sandla and Mzingisi through further trauma and potential danger which renewed attempts to register their assault could likely result, we stupidly assumed the Ipid would include investigation of their alleged abuse as part of the Fica probe. They had after all clearly described their beatings in statements provided to Fica’s investigator who had confirmed she had also obtained a copy of Anele’s statement from the Umlazi SAPS. But maybe not.
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