Release of Krugersdorp rape victims’ details

I am dismayed to learn of the "unintended" public release of personal information of eight victims of a rape that occurred in July 2022 in Krugersdorp. The release of the 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 included 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.

An investigation by the Information Regulator found that SAPS has violated several provisions of the Protection of Personal Information (POPI) Act, including that:

  • The personal information of data subjects contained in the WhatsApp message was excessive and not relevant for 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; and
  • 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 POPI Act.

What is even more concerning 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.

Despite the conclusion of an internal police investigation, I am 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.

Ms Tina Joemat-Pettersson
Chairperson of the Portfolio Committee on Police