Premier Alan Winde.
Image: Picture: Ayanda Ndamane /Independent Newspapers
Western Cape Premier Alan Winde on Thursday finally released a report into claims that the notorious 28s gang wormed its way into senior police ranks — a report that backs up the allegations.
The probe was launched after Western Cape High Court Judge Daniel Thulare warned in a 2022 ruling that the 28s gang had infiltrated top police ranks — even gaining access to meetings with the provincial police commissioner, Lt-Gen Thembisile Patekile, and his senior managers.
The report, seen by IOL, found that a complaint of unacceptable conduct against Patekile and his top brass was substantiated on a balance of probabilities.
The three-year-old report, compiled by police ombudsman Maj-Gen Oswald Reddy, cited Thulare’s judgment and widespread media reports as evidence.
"The complaint of unacceptable behavior against the provincial commissioner and his senior management is found to be substantiated on a balance of probabilities with Tulare's judgement serving as prima facie evidence and the widespread negative media publications surrounding the matter," the ruling stated.
Winde released the report after mounting pressure from civil groups and amid a bloody week in Cape Town, where more than 30 people have been killed since Monday.
Between April and August, 63 children were murdered across the province — with gang violence blamed for most of the deaths.
Last week, the Cape Crime Crisis Coalition warned Winde to make the report public by November 7 or face legal action.
Speaking in the legislature, after tendering the report to the house, Winde said gang violence was “a pandemic affecting far too many of our residents” and that he had done everything in his power to get to the bottom of the problem.
His opposition hit back, calling for a state of emergency to be declared.
Winde said “the lives of innocent children, mothers, fathers and grandparents have been senselessly taken — destroying families".
He said decisive action was needed.
“We cannot and will not be silent on this matter," Winde said.
"This is not an issue to be cheaply politicised, but rather one that requires us all to unite with one voice."
Winde also highlighted renewed attention on the 2022 bail appeal judgment by Thulare.
The judgment raised concerns about “possible infiltration of the SA Police Service Western Cape leadership by elements of organised crime — specifically the 28s gang".
Winde said if the allegations were proven true, “they represent one of the greatest betrayals of our residents since the dawn of our democracy".
He said: "Those entrusted with protecting our communities, now working with the same criminals hellbent on destroying those communities.
“Over the past three years, this government has continuously fought to have this matter properly investigated, and to have those found wanting prosecuted and locked away."
He said in October 27 2022 — just 10 days after Thulare’s judgment — he lodged a complaint with the Western Cape police ombudsman to see if there was a possibility of a commission of inquiry.
He said the ombudsman’s investigation faced limits.
“Despite the ombudsman's efforts to obtain relevant evidence linked to Judge Thulare's comments, as well as comments from the police and the National Prosecuting Authority, both bodies were unable to respond, as the matter was sub judice,” Winde said.
Winde also explained his government’s actions while awaiting the outcome of investigations.
“We did not fold our arms at this point.
"We continued to place pressure on the relevant authorities to expedite these investigations ... nearly two years later, on October 1 2024, the IPID investigation finally commenced,” he said.
He said further measures were being taken to ensure accountability.
“Given the apparent lack of urgency from national bodies tasked with investigating these allegations, I decided that more needed to be done.
"It was for this reason that I sought to have senior leadership of the Western Cape police subjected to lifestyle audits.
"Noting budget constraints and how seriously we took these allegations, we even offered to pay for these audits,” Winde said.
He also criticised the "slow response" from national authorities.
“For years now, national police have been unwilling or unable to work with this government to solve the burning issue of gang-related crime that continues to devastate too many communities.
"The thought that this may be due to infiltration of the police's highest levels of decision making by organised criminals — is horrifying,” he said
“We have a duty to do everything we can to force those with the power to shine a light on what is potentially one of the darkest hours of not just the Western Cape, but South Africa's criminal justice system."
Leader of the opposition Khalid Sayed said Winde was right about one thing — gang violence was indeed a pandemic.
"It has robbed far too many of our people of peace, safety, and hope," he said.
"But what [Winde] fails to acknowledge is that while he speaks of unity and decisive action, our communities continue to bleed under his government’s watch.
"Speaker, the truth is that this provincial executive has mastered the art of blaming others while taking very little responsibility itself.
"[Winde] tells us today that he has done 'everything within his power', yet the reality on the ground tells a different story.
"Children are still being shot walking to school.
"Mothers still sleep on the floor to avoid stray bullets. Families still bury loved ones every weekend."
Grant Marais, of the Freedom Front Plus, said the public trust has been broken.
"How do we restore public trust? It is not easy," he said.
"Holding back information is not always good. It must be in the open. Police officers who are corrupt must be removed.
"We call on all stakeholders to play their part and root out corruption in the province and to save public lives. We cannot lose any more lives in the province.
"We call for the police to be cleaned out.
"This is a matter of life and death."
Khalil Brinkhuis of Al Jama-ah said 63 young children have been murdered in the Western Cape over the past five months as a result of gang violence.
He said this needed to be addressed.
Ferlon Charles Christians, of the ACDP, called for a state of emergency to be instituted.
"We just read about killings, more killings in the newspaper every day," he said.
"I want to ask the Premier to request the President to declare a state of emergency.
"These killings cannot continue.
"The problem we have is ammunition is roaming the streets, and youngsters are being recruited as hitmen — 14 years old, and you are recruited to kill."
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