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Most initial case files, including summonses or attachments, get transferred from the CIN file into the docket system, so the records sought would now be found in the docket and not as part of the original CIN file.
“Now, all the things that initially would have been in that file... most of them will be summonses or any other attachments, it gets transferred into the docket”
The witness Colonel Padayachee has concerns about the docket being before court and the effects of documents becoming public but wants to cooperate and testify truthfully before the Commission.
“My concern was also... the docket is currently before Court... I do not want to come across like we want to hide anything... He is ready to testify and he is going to answer questions that are put to him on the docket.”
IPID has laid criminal complaints against police officers for non-compliance, but not in the peculiar case where a requested docket copy was refused.
“Yes, in terms of Section 29 (1), we do have most of those cases of non-compliance. Criminal complaints, ja. But the thing is with subsection (2), this one was, I would say it was a peculiar case. It has never happened before where we requested a docket and somebody refused with a docket. It was one of its kind. And nothing happened yet.”
The transfer of dockets within the police involves updating the national system to indicate the movement of the docket even if the transfer is not done in writing.
“when the docket is registered in the system ... it must be received in the system that will indicate overall on the national system that this docket has now been moved”
Brigadier Nkhwashu disputes Sergeant Tshukudu's version that the docket left without an investigating officer; Brigadier Nkhwashu did not know who the investigating officer was and wouldn't have told Sergeant Tshukudu.
“for me it does not make sense that the docket left my district without an investigating officer. How had I known that this docket is assigned to this investigating officer ?”
Brigadier Nkhwashu confirms he did not check the docket system since it was placed with Gauteng Organised Crime and did not know who the investigating officer was.
“since the docket was placed with Gauteng Organised Crime, you have never checked the system ... I never checked the system ... I did not know, and I had no reason.”
Colonel Grundling informed Witness B that the docket was being looked for, which led to Witness B calling Brigadier N Kwashu to ask about the docket.
“Colonel Grundling informed Witness B that you were looking for the docket , and Witness B undertook to call you”
Brigadier N Kwashu confirmed that after the call from Witness B explaining where the docket was, he asked Witness B not to send the docket to him.
“prompting you to then call Witness B back and say, do not send it to me”