Public Protector Busisiwe Mkhwebane File picture: Reuters Public Protector Busisiwe Mkhwebane File picture: Reuters
Cape Town – Public Protector Busisiwe Mkhwebane has found against the SANDF and police in their handling of the death of SANDF Lieutenant Daniel Pietersen who died after collapsing while participating in an exercise marathon on February 3, 1998.
In her report released on Monday, Mkhwebane directed police commissioner Kehla Sitole to consider amending the standing orders to provide for informing the next of kin of progress made in an inquest investigation.
Mkhwebane also said the commissioner must apologise in writing to Pietersen’s mother for failing to keep her informed of progress in the inquest investigation within 30 days of the date of her report.
She also directed the Chief of the SANDF to issue a written apology to Pietersen’s mother, within 30 working days of the report, for failing to inform her of the outcome of the board of inquiry.
The Compensation Commissioner was directed to apologise in writing to Pietersen’s mother for the delay in processing and paying compensation to her within a reasonable time. This must be done within 30 days.
Pietersen’s mother, referred to as “Ms Pieterson” in the report, had turned to Mkhwena’s office after her son was rushed to hospital in George, where he died the following day as a result of heatstroke.
According to the report, he had been comatose at the time of his death.
Pietersen’s mother also alleged that the SAPS in Oudtshoorn investigated her son’s death and promised to keep her abreast of progress, but failed to do so.
She also alleged that the SANDF held a military board of inquiry into her son’s death and never informed her of the outcome.
In addition to these, Pietersen’s mother alleged that the SANDF failed to timeously report her claim for payment of compensation benefits to the Compensation Fund and that the fund also failed to attend to the claim and unduly delayed the processing and the payment of benefits to her.
Mkhwebane said in the absence of substantive evidence, she could not make a determination on the alleged undue delay by the SAPS to investigate Pietersen’s death and failed to keep the complainant up to date with progress in the inquest investigation.
“But I did find that the SAPS failed to keep the complainant informed about progress in the investigation,” she said.
“I investigated whether the SANDF unduly delayed the finalisation of the Military Board of Inquiry in the deceased’s death and failed to communicate the findings to the complainant. This undue delay allegation is not substantiated.
“However, the SANDF did fail to inform the complainant about the inquiry findings,” said Mkhebane.
Her report found that the allegation that the SANDF failed to timeously report the claim to the Compensation Fund and to submit comprehensive documents for the fund to process and pay compensation benefits to Pietersen’s mother, was substantiated.
Mkhwebane also found that the allegations that the fund unduly delayed processing the claim for compensation benefits was substantiated.
She said the conduct of the SANDF, SAPS and the fund unfairly prejudiced Pietersen’s mother.