Campaign for Safe Communities
PRESENTATION ON THE WRITTEN SUBMISSION FOR
THE GREEN PAPER ON POLICING
Prepared in collabora...
Background
1. SAPS is at the forefront of the fight against violent crime
in South Africa
2. This environment is made even...
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 pu...
Constitutional Obligations
“Policing in democratic societies operates in a space
between their constitutional framework an...
Democratic, Professional & Accountable
I. Not politically and criminally compromised
II. Free from corruption
What does a ...
Democratic, Professional & Accountable
Characteristics
• Is knowledgeable about
the law and their roles
• Performs their d...
Democratic, Professional & Accountable
• The Green Paper advocates the current process
whereby the National Commissioner i...
Democratic, Professional & Accountable
• S 38(1)(b) – The Accounting officer is responsible for
the “effective, efficient,...
Democratic, Professional & Accountable
Station
Commanders
Accountability and
professionalism is
absolutely
necessary from ...
Democratic, Professional & Accountable
Why are
people
being
arrested?
2011/2012
1.6 million
arrests
Arrest rate
for seriou...
Democratic, Professional & Accountable
• The CSC supports the NDP suggestion of a
National Policing Board, which can set s...
Protecting the Vulnerable
“…the safety of communities should
therefore be measured by the
extent to which the most vulnera...
Protecting the Vulnerable
• 48.5% of sexual offences perpetrated against adult women
• 40.1% of sexual offences perpetrate...
Protecting the Vulnerable
• Recognises gender based violence – including violence against lesbian,
transgender and gay peo...
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Csc written submission on the green paper

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Presentation on the Campaign for Safe Communities written submission on the Green Paper on Policing (released on 18 June 2013)

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  • “enhance incumbents’ standing in the eyes of the community” (NDP) --- Increase credibility of position
  • The arrest and detention of suspects without just cause appears to be systematic and exists on such a scale that station commanders must at least have knowledge of it. This indicates that station commanders, if not directly responsible for the unlawful behaviour, have lost control of their stations.
  • Csc written submission on the green paper

    1. 1. Campaign for Safe Communities PRESENTATION ON THE WRITTEN SUBMISSION FOR THE GREEN PAPER ON POLICING Prepared in collaboration with: 18 July 2013
    2. 2. 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.
    3. 3. Criticisms of Process 1.Consultation 2.Departure from the NDP
    4. 4. 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)
    5. 5. 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
    6. 6. 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
    7. 7. Democratic, Professional & Accountable 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)
    8. 8. Democratic, Professional & Accountable • 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] Green Paper on Policing • 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
    9. 9. Democratic, Professional & Accountable • 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
    10. 10. Democratic, Professional & Accountable Station Commanders Accountability and professionalism is absolutely necessary from the top right down to station level. National Commissioner
    11. 11. Democratic, Professional & Accountable 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)
    12. 12. Democratic, Professional & Accountable • 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
    13. 13. 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
    14. 14. Protecting the Vulnerable • 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
    15. 15. Protecting the Vulnerable • 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 Green Paper on Policing • 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

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