Csc written submission on the green paper

Campaign for Safe Communities
PRESENTATION ON THE WRITTEN SUBMISSION FOR
THE GREEN PAPER ON POLICING
Prepared in collaboration with:
18 July 2013

Background
1. SAPS is at the forefront of the fight against violent crime
in South Africa
2. This environment is made even more hostile by the
prevalence of deep social inequality.
3. SAPS are the only protection that communities and
individuals in poor and working class townships might
have against the real danger of crime.
4. They are often the least likely to be of assistance and too
frequently police are perpetrators of crime, including
extremely violent crime.
5. The building of a democratic, accountable, ethical,
efficient and effective police service under professional
command is a Constitutional imperative. Unfortunately,
current legislation does not fully incorporate the
principles enshrined in the final Constitution,
necessitating the need for change.

Criticisms of Process
1.Consultation
2.Departure from the NDP

Constitutional Obligations
“The objects of the police service
are to prevent, combat and
investigate crime, to maintain public
order, to protect and secure the
inhabitants of the Republic and
their property, and to uphold and
enforce the law.”
Section 205(3)

Constitutional Obligations
“Policing in democratic societies operates in a space
between their constitutional framework and the legal
framework that defines how they must operate.”
Green Paper on Policing
• Statement is ambiguous and misleading
• Both the police, and the legal framework that defines
how they operate, are bound by the Constitution
Written Submission

Democratic, Professional & Accountable
I. Not politically and criminally compromised
II. Free from corruption
What does a democratic &
accountable service look like?
Nat. Commissioner
Jackie Selebi
Nat. Commissioner
Bheki Cele

Characteristics
• Is knowledgeable about
the law and their roles
• Performs their duties
“competently”
• Recognises “their
responsibility to serve
communities.”
How is it achieved?
• Enforce a code of
conduct and ethics
• Ensure appointees are
trained and skilled
• Set up a body to create
and monitor standards
A Professional Police Service
(according to the NDP)

• The Green Paper advocates the current process
whereby the National Commissioner is appointed by
the President without the requirement of
consultation. [In contradiction of the NDP]
• The Green Paper should encourage the creation of a
selection panel that will advise the President on the
appointment of the National Commissioner. The panel
should include all stakeholders, including civilians and
members of the police force.
Written Submission

• S 38(1)(b) – The Accounting officer is responsible for
the “effective, efficient, economical and transparent
use of the resources of the department”
• S 86 – Failure to properly exercise that responsibility
may result in a fine or imprisonment.
Public Finance Management Act
The Green Paper should include a statement reinforcing
the fact that the National Commissioner will be held
accountable for gross negligence in the performance of
his or her duties, including a possible fine or
imprisonment.
Written Submission

Station
Commanders
Accountability and
professionalism is
absolutely
necessary from the
top right down to
station level.
National
Commissioner

Why are
people
being
arrested?
2011/2012
1.6 million
arrests
Arrest rate
for serious
crimes of
30%
52% of
arrests for
non-
serious
crimes
• “…large number of suspects
that are detained, not
charged, and then later being
released on a SAPS 328, is
however of concern”
• “often indicated that the
suspects cannot be linked
with the crimes committed.”
• “the arresting officers do not
make statements that
indicate the reason for the
arrests made.”
2012 SAPS Task Team Report
(3 stations in Khayelitsha)

• The CSC supports the NDP suggestion of a
National Policing Board, which can set standards
for and monitor the recruitment, appointment
and promotion of police officers. The creating of
norms and standards by this board will lead to a
more professional and accountable police service.
• Given the serious concerns relating to the amount
of untrained station commanders and their
inability to control their stations, the Green Paper
should clearly state that officers should receive
training prior to being appointed or promoted.
Written Submission

Protecting the Vulnerable
“…the safety of communities should
therefore be measured by the
extent to which the most vulnerable
in society, women in particular, feel
and are safe from crime and the
conditions that breed it.”
NDP

• 48.5% of sexual offences perpetrated against adult women
• 40.1% of sexual offences perpetrated against youth ( < 18 )
Violence against women and children – SAPS
• Between May and August 2008, more than 60 people were
murdered, scores injured, property stolen or destroyed and
about 50 000 people fled to Mozambique and Zimbabwe while
at least another 50 000 were displaced from communities in
Gauteng, Western Cape, Eastern Cape and KwaZulu-Natal.
• Khayelitsha police precinct level attitudes by SAPS to refugees,
asylum-seekers and immigrants reflected the broader
xenophobia in the community.
• For example, Somali traders remain the most vulnerable to
business crime in Khayelitsha.
Xenophobia – Affidavit by Mandla Majola

• Recognises gender based violence – including violence against lesbian,
transgender and gay people – as a serious concern.
• Calls for a “victim-orientated” police service
• fails to mention other vulnerable groups
• The Green Paper should reiterate the NDP’s vision of the police service as
one that protects the vulnerable against all forms of unjust discrimination;
including discrimination based on nationality, sexual orientation or disability.
• The Green Paper should call for statistics to be regularly published on the
prevalence of hate crimes. It is important to isolate these statistics so that
the success or failure of SAPS to combat these forms of violence can be
measured.
• Section 10 of the Constitution guarantees everyone the right to dignity. The
Green Paper should reinforce the importance of spaces in which victims can
be dealt with in a dignified and professional manner.
Written Submission

Csc written submission on the green paper

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Editor's Notes