The Chairperson of the Portfolio Committee on Police, Tina Joemat-Pettersson, has expressed dismay at the "unintended" public release of personal information of eight Krugersdorp rape victims.
The eight victims were gang raped in July 2022, while they were on set shooting a music video near a mine dump.
Joemat-Pettersson said the release of the victims' personal information aggravates the deep wounds caused by the attack and exposes the women to more risks.
"The lifetime wounds caused by the attack on these women will now be made worse by the reckless act of releasing their personal information, which includes their names and addresses. There is no justification that can make such a negligent act understandable or acceptable.
"The leadership of the South African Police Service (SAPS) must ensure consequence management and urgently put measures in place to ensure that this does not happen again," Joemat-Pettersson said.
Joemat-Pettersson also acknowledged the completion of an investigation by the Information Regulator, where it was found that SAPS had violated several provisions of the Protection of Personal Information Act, including:
Distributing the personal information of data subjects in a WhatsApp message. SAPS processed such information unlawfully, unreasonably and in a manner that infringed the victims' privacy and did so without the consent of the data subjects.
The personal information of data subjects contained in the WhatsApp message was excessive and not relevant to the purpose for which it was distributed, which, according to the SAPS, was to alert the respective stations of the serious crime that had been committed in the West Rand District.
The responsible party had failed to take appropriate, reasonable, technical measures to prevent the unlawful accessing of personal information of data subjects, as prescribed in the Protection of Personal Information Act.
What is even more concerning, Joemat-Pettersson said, is that the SAPS was compelled through a summons, issued by the information regulator, to provide adequate information enabling the regulator to conclude its investigation.
"There is a worrying trend emerging of the SAPS disregarding court judgments and other statutory bodies, which must be arrested and reversed. It is also extremely disappointing that the people responsible for enforcement of our laws were behind the undermining of the constitutional right to privacy of these victims.
"As the country intensifies its fight against the scourge of gender-based violence (GBV), it requires diligent police officers, who are invested in ensuring safety and security for those who are most vulnerable in our society," the chairperson said.
Despite the conclusion of an internal police investigation, Joemat-Pettersson said she is of the view that a public apology is not enough, and that the SAPS must assure South Africans that corrective measures have been put in place and that consequence management will be implemented.
National Police Commissioner apologises
Meanwhile, the National Police Commissioner, General Fannie Masemola, has tendered a public apology to the eight victims following the release of their personal information.
The National Commissioner ordered an internal departmental investigation into the matter, and the investigation has been conducted and concluded.
Masemola said the final report found that the personal information of victims was released inappropriately but no ill-intent was uncovered.
"This, however, still does not justify the sharing of such information. The information which was shared on various internal WhatsApp platforms of the SAPS sought to only mobilise all the necessary role players and resources in a bid to apprehend those responsible for this heinous crime," Masemola said.
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He said during the process of tracing the suspects, the SAPS Management of Gauteng, the relevant district, stations and units were alerted to the crime and requested to mobilise resources to trace the suspects.
"WhatsApp messages were used to communicate due to the urgency of tracing the suspects, and unfortunately, personal information of the victims was disclosed in the WhatsApp messages on SAPS WhatsApp groups, which found its way to social media.
"The SAPS regrets the disclosure of such personal information and apologises to the victims of the dreadful crimes for the information breach and the hardship caused as a result. On behalf of the SAPS, I apologise unreservedly to the victims in particular and their families," Masemola said.
