THE STATE OF THE SOUTH AFRICAN POLICE SERVICE 19 July 2012 Johan Burger Crime & Justice Programme INSITUTE FOR SECU

1. THE STATE OF THE SOUTH AFRICAN POLICE SERVICE 19 July 2012 Johan Burger Crime & Justice Programme INSITUTE FOR SECURITY STUDIES

2. A Democratic policing & SAPS Code of Conduct B Perceptions of the police CSome examples of SAPS leadership failures D The SAPS according to: - SAPS Policy Advisory Council - ICD (IPID) - Other reports E Police killings: - Some stats on police killings F Concluding remarks GRecommendation Presentation outline

3. Policing in a democracy (or democratic policing) • ‘One element in defining a democratic society is a police force that: • is subject to the rule of law embodying values respectful of human dignity, rather than the wishes of a powerful leader or party; • can intervene in the life of citizens only under limited and carefully controlled circumstances; and • is publicly accountable’ • Police and Democracy, by Gary T. Marx in M. Amir and S. Einstein (eds.) Policing, Security and Democracy: Theory and Practice, vol. 2, 2001

4. Some objectives of democratic policing • Public trust and confidence in the police are prerequisites for effective policing. Without this trust the public will not be willing to report crimes and provide the police with the information needed to work successfully. • Furthermore, democratic policing requires that the police simultaneously stand outside of politics and protect democratic political activities and processes(e.g. freedom of speech, public gatherings, and demonstrations). Otherwise, democracy will be threatened. • When intervening in conflicts, the police must be guided by the principle that everyone shall be subject to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. • (Geneva Centre for the Control of Armed Forces, International Police Standards: Guidebook on Democratic Policing, 2009)

5. SAPS’ Code of Conduct I commit myself to creating a safe and secure environment for all people in South Africa … …In carrying out this commitment, I shall at all times –uphold the Constitution and the law; …I undertake to –act with integrity in rendering an effective service of a high standard which is accessible to everybody … uphold and protect the fundamental rights of every person;act in a manner that is impartial, courteous, honest, respectful, transparent and accountable; exercise the powers conferred upon me in a responsible and controlled manner; …

6. The danger of perceptions From the report by the Mollen Commission of Inquiry (1994), set up to investigate corruption in the New York Police Department (NYPD), about the danger of perceptions: ‘Regardless of the truth of … perception, it is the perception that often matters. And this perception poisons relations between the community and the police, compromising the credibility of the vast majority of honest and dedicated cops who need the community’s cooperation to carry out their difficult jobs effectively’

7. Negative perceptions of the police (Public/media perceptions of trust in the police)

8. Negative perceptions of the police The Tatane case (Ficksburg, April 2011)

9. Perceptions of and disrespect for the police • Some of the negative perceptions about & reasons for disrespect of the police: • Corrupt police officials (the perception is that most police officials are corrupt) • The physical appearance of many members (often appear to be overweight and incapable of running after and catching suspects) • The perceived inability of many police members to shoot accurately and even to use their firearms competently (SAPS ANC Mkwanazi in April 2012 admitted that 6 536 members were officially declared ‘not yet competent’) • The perceived poor training of the police • The perceived low level of education of many police officials • Pondering Panda Survey among SAfricans aged between 18 – 34 (2012): • 62% believes police are becoming more corrupt • 47% believes police are becoming worse at their job • 49% believes police are not properly trained • 57% believes Govt had not put the right people in charge

10. The SAPS photo & cartoon album!

11. Some examples of SAPS leadership failures in the last five years • NATIONAL COMMISSIONERS: • JACKIE SELEBI – Appointed January 2000. No police experience. Convicted in 2010 for corruption & sentenced to 15 years imprisonment • BHEKI CELE – Appointed July 2009. No police experience. In February 2011 Public Protector found that his conduct re the leasing of office accommo-dation was ‘improper, unlawful and amounted to maladministration’. • Subsequent Board of Inquiry found that he was ‘unfit for office’ and on 12 June 2012 he was ‘released’ from his duties. (Board also found that 2 Lt Gen’s [COO and PC of KZN] - who testified before it - ‘attempted to mislead the board’). • CRIME INTELLIGENCE COMMANDERS: • MULANGI MPEGO – Previous Head of Crime Intelligence. Accused of various unlawful activities, e.g. interfering with key state witness Glen Agliotti during Selebi’s corruption investigation.Resigned from SAPS in 2009 after a number of criminal charges were laid against him.

12. Some examples of SAPS leadership failures in the last five years (Contd) • CRIME INTELLIGENCE COMMANDERS (Contd): • LT GEN RICHARD MDLULI – Succeeded Mphego as head of Crime Intelligence in 2009. Faces charges of murder, fraud, corruption and nepotism - initially suspended in 2011 - controversially lifted in March 2012. Suspended again by Acting NatCom Mkwanazi in May 2012 - Suspension now confirmed by a court order after a High Court application by Freedom Under Law. • MAJ GEN SOLLY LAZARUS – Chief Financial Officer. Implicated with Mdluli in widespread fraud, corruption and nepotism. Suspended with Mdluli in 2011 & suspension also lifted in March 2012. Now back at work. • A number of other senior officerswere also implicated in these allegations and were transferred to other divisions without any indication of criminal charges being laid.

13. Some examples of SAPS leadership failures in the last five years (Contd) • SUPPLY CHAIN MANAGEMENT COMMANDERS: • Special Investigating Unit (SIU) appointed by Pres Zuma in August 2010 to investigate allegations of ongoing corruption in the allocation of contracts. Investigation not yet concluded, but since it began its work, three generals connected to Supply Chain Management took early retirement and another is currently suspended following new allegations: • LT GEN HAMILTON HLELA- responsible Deputy National Commissioner, left in June 2010 • LT GEN MATTHEWS SIWUNDLA– Divisional Head of Supply Chain Management, left in July 2010 • MAJ GEN STEPHANUS TERBLANCHE - responsible for the building programme, left in August 2010 • LT GEN GARY KRUSER - new Divisional Head of Supply Chain Management - suspended in December 2011 upon new allegations of contract irregularities. He now faces internal disciplinary action

14. Some examples of SAPS leadership failures in the last five years (Contd) HEAD of the NATIONAL INSPECTORATE: LT GEN LEN RASEGATLA – Removed as Head of the Civilian Secretariat of Safety & Security after a damning report by the Public Service Commission (PSC) in 2003 recommended that he ‘be removed from his post for gross incompetence and failure to perform his duties’.In spite of this report, Rasegatla, in 2005, was appointed as Divisional Head of the crucially important SAPS National Evaluation Services (as it then was). This Divisionis responsible for internal oversight and for ensuring that SAPS members perform their duties effectively & efficiently at all levels – and where they do not, that corrective measures are taken. He left the SAPS in January 2012, but the current leadership looks promising.

15. The SAPS acc to the Policy Advisory Council (2006/07 & 2007/2008) • Inspections carried out at 858 police stations, units and other offices. Findings (inter alia) about command & control and discipline: • 2006/2007: ‘There is a general lack of command and control within the Police Service at local level. Resultant poor levels of discipline and high levels of corruption is of serious concern’ • 2006/2007: ‘… general level of discipline is poor’ • 2007/2008: ‘… many of the problems of the police are the direct result of a breakdown in command and control and a lack of supervision in certain areas. In most instances poor service delivery, maladministration, ill discipline and corruption have at its core the lack of supervision and control’

16. The SAPSacc to the Policy Advisory Council (2006/07 & 2007/2008) - Contd • … and about the detectives: • 2006/2007: ‘… the Detective Service is being neglected in terms of focus and resources. Many Station Commissioners simply leave the Detective Service to “carry on” on its own. There is little or no support given. Detectives generally have the worst accommodation and least resources’ • 2006/2007: ‘Many Branch Commanders are incompetent. … commanders and supervisors lack skills, experience, commitment, dedication and discipline.’ • 2006/2007: ‘Docket inspections … in many instances are not done in accordance with required standards and policies.’

17. The SAPSacc to the Policy Advisory Council (2006/07 & 2007/2008) - Contd • … and on inspections: • 2006/2007: ‘The system of inspections in the Police is totally inadequate. The National Inspectorate was also found wanting and is clearly not focused correctly nor functioning optimally’ • 2007/2008: ‘… at some stations proper inspections from … provincial and national level have not been conducted for long periods (years). At most stations regular inspections are not done’ • 2007/2008: ‘It is seldom or ever that a full inspection is done. Sufficient appropriate capacity to manage and do inspections properly does not seem to exist at any level’

18. More concerns (from ICD reports) • ICD Annual Report for 2009/10 – in 12 years since 1997 totalnumber of complaintsagainst police increased by 146% andnumber of criminal cases opened against police officials increased by 285% • Since the lowest number of criminal cases (531) against the police was reported in 2001/2002 - number rose year-on-year to 2 462 cases in 2009/2010, i.e. an increase of 363% [501 criminal cases referred to DPP in 2010/11: convictions – 59; acquittals – 28] • According to Executive Director Francois Beukman (IPID) the ICD in 2010/11 alone received 5 869 new cases: • 2 477 were allegations of misconduct • 2 493 were criminal offences • 70% relates to ‘police brutality’ (Att murder, assault & assault GBH) • 4% relates to torture • 2% relates to rape [but rape cases increased from 24 to 46 cases (92%)]

19. More concerns (statements by Minister & PC, Gauteng) • According to the Minister of Police (March 29, 2011) civil claims paid out by the police in the last financial year (2010/11) increased by 33% (from R87,2m – R115,9m) • Minister (June 24, 2011) announced that more than 1 061 cases of corruption are being investigated against members • According to a statement by the PC Gauteng, Lt-Gen Petros, on 2 May 2012, more than 600 police officers [Prov Tot approx 35 000] have been arrested in Gauteng alone since April 2011 (for various crimes, including fraud and corruption, defeating the ends of justice, theft and possession of stolen goods)

20. More concerns (Loss of firearms by SAPS members) • 2008/2009: 2 759 • 2009/2010: 2 603 • 2008/2009: 290 • 2009/2010: 275 • Total number of police firearms – for only 2 financial years - potentially in the possession of criminals: • 4 797 56 members charged (Discipl Reg’s) 33 found guilty 8 found not-guilty 5 withdrawn 10 pending Total lost: 5 362 Total recovered: 565 (or 10,5%)

21. Police killings (Table)

22. Police killings (Graph) 1994 – 2010/11

23. Concluding remarks • There are many other areas of concern, i.e. recruitment, training, docket & vehicle management, appointments & promotions, maintenance of buildings/offices, etc. that require further attent. • The increasing number of incidents of criminality, misconduct, brutality, etc, is steering SAPS away from the objectives of democratic policing & their own Code of Conduct • Negative perceptions about the police erodes not only public • trust & confidence, but also police-community relations and • cooperation • Part of the problem is SAPS’ inability to address the serious deficiencies that continue to plague the organisation in spite of being identified in successive inspections (i.e. command & control, discipline, internal oversight & accountability)

24. Recommendation • The SAPS is in urgent need of a turn-around strategy, but such a strategy requires a complete understanding of the inherent problems faced by the organisation and, more importantly, why they exist. • What is needed is a judicial commission of inquiry with strong powers of investigation and subpoena and the necessary resources to allow it to independently and authoritatively probe the SAPS.This could greatly assist the new National Commissioner in her attempts to turn the SAPS around. • The terms of reference for a commission of inquiry would need to include at least the following: • To conduct an investigation into the South African Police Service in order to: • determine the nature and extent of the problems faced by the police, including acts of criminality, brutality, torture, corruption, etc; • establish the root causes of these problems; and to • make recommendations on measures to correct the problem areas.

25. Thank you/Dankie www.issafrica.org jburger@issafrica.org Tel 012 346 9500