Presentation on Policing Public Protests and Gatherings

1. SECRETARIATFOR POLICE PRESENTATION ON CIVILIAN SECRETARIAT FOR POLICE’S ROLE REGARDING POLICING OF PUBLIC PROTESTS AND GATHERINGS 30 August 2011

2. ROLE OF THE CIVILIAN SECRETARIAT FOR POLICE To conduct research and address best practice regarding policing of public protests and gatherings To develop policy which once approved by the Minister will become official policy for the Department of Police To monitor the implementation of the policy To advise the Minister on future revision and approaches to policy requirements

3. SECRETARIATFOR POLICE PRESENTATION ON POLICY FOR POLICING OF PUBLIC PROTESTS 30 August 2011

4. INTRODUCTION The dynamics in the policing of public protests in South Africa after 1994 have undergone a major shift . Prior to 1994, policing measures w.r.t. public protests characterized by arbitrary “riot control” and abusive actions Post 1994 community orientated policing system introduced Post 1994 Constitution and Bill of Rights impact on our policing approach Transformation in SAPS attempted to rationalize public order policing. However serious gaps exist within the policy environment SAPS has reacted to these gaps by introducing operational policy Establishment of POP units as Area Crime Combating Units (ACCUs) – required change in mindset of the SAPS towards effective crowd control and management.

5. ISSUES TO BE ADDRESSED Recently the country has experienced a growth in the number of protest action (In some instances accompanied by provocation, intimidation, public violence and criminality) The challenge is for SAPS to respond to these in a manner that recognizes and balances the rights of citizens to protest and need to ensure law and order is maintained. It is important to determine the extent to which public order policing conforms to legal imperatives and our approach to policing Whether operational policies of SAPS allow for appropriate planning, interventions and/or responses in respect of public gatherings and protests. Another challenge facing SAPS is how to balance the need for policing public gatherings and protests vs other SAPS roles regarding policing

6. POLICY APPROACH • We need to look at whether our approach to policing of public protests is consistent with- • Constitutionally accorded rights for all individuals • Effective and peaceful crowd control demands • If it impacts negatively and enhances tensions between the police and community at the time of protest • It generates the very violence it seeks to control in public protests

7. SCOPE AND OBJECTIVES • Establish a policy framework with guidelines for SAPS to review and align operational strategies and instructions • The objective(s) is to • Create proper crowd control and management capacity in SAPS • Introduce a framework with guidelines for SAPS on policing of protests in line with international standards • Introduction of training standards in addressing, amongst others, the principle of “first responder”, the SAPS operational planning and response, resource deployment and physical execution (including consideration of accepted methods).

8. LEGISLATIVE AND POLICY FRAMEWORK • The Constitution (Bill of Rights) • The Regulation of Gatherings Act , 205 of 1993 • The South African Police Service Act , 68 of 1995 • SAPS Standing Orders Nos. 262; 292 & 293 • Peace and Security Protocol (PSC) • The Intergovernmental Relations Act • Basic Principles on the Use of Force and Firearms by Law Enforcement • Officials

9. CURRENT POLICING ENVIRONMENT • Current norms and standards regulating the policing of public protests are covered by the Constitution, international, regional and national laws and instruments • Key questions and implications for the policing of public protest and gatherings include: • Is training of SAPS still relevant and appropriate (theoretical and practical ) • Do training facilities have proper infrastructure and equipment; • Does the training modules succeed in creating a common understanding of the Regulation of Gatherings Act, and is it achieving exposure of trainees to real life situations (simulations) • Who is policing the protests • Planning, implementation and command and control during public protests

10. INTERNATIONAL PERSPECTIVE AND COMPARISON • United Nations: law enforcement agencies must adopt and maintain rules and regulations on the use of force subject to constant review • Country dynamics dictate which approach is best suited for the police in crowd management • Britain, Italy, France, Sweden, North Ireland, Belgium, Spain, Germany, USA, and Scotland apply Mechanical force • Involves the use of some device or substance (baton or other object, canine physical contact with a subject, or natural agent spraying) other than a firearm, to overcome a subject’s resistance to the exertion of authority

11. POLICY IMPLEMENTATION ENVIRONMENT The South African context - operational policing strategy must take into account the operational environment based upon sound democratic principles without infringing on the human rights of citizens (including those not part of protests). The policy establishes a framework for the policing of public protests & calls for the introduction of strict measures on the use of force during public protests Policy & guidelines must inform all SAPS operational strategies in the policing of public protests while restoring trust and confidence in communities (whether as protesters or bystander) Need to inculcate a common understanding of the Regulation of Gatherings Act Alignment of Standing Orders 262, 292 and 293 to international best practice and the Public Gatherings (effective crowd management and control) Introduce proper sanctions for non-compliance & adherence

12. POLICING OF PUBLIC PROTESTS • SAPS initially adopted the French model w.r.t the policing of public protests and gathering and training was provided by the French (FIFA WC). More recently SAPS have moved to the Belgium model. • It is now imperative that the SAPS align itself with the following key issues as crucial areas for intervention and redress: • Establishment of a dedicated Public Order Policing Unit • Training of members attached to public order policing unit • Command and Control • Operational planning and Types of Public Protests • Use of force • Use of correct equipment • Use of crime intelligence in planning

13. KEY ISSUES • Establishment of a dedicated Public Order Policing Unit • Must give effect to section 17 of SAPS Act (National POPs unit “shall” be established and maintained to by the Nat. Comm). • Should be properly capacitated and resourced • Although members of these units may be utilized for other duties, they should be readily available when required. • POP unit should take command and control of public disturbances • The members must be appropriately trained

14. KEY ISSUES • Training of SAPS members in public order policing • Training facilities and standards should be upgraded and renovated • Training modules must equip SAPS members with appropriate capacity in dealing with public protests (theoretical and practical) all POP units must undergo this training • Training must also prepare individuals to deal with any situation (personality and attributes) and allow commanders to take initiative when required • All trainers must be accredited and be competent to provide accredited training • Training deliberations should cater for different target groups (distinction between non-commissioned and commissioned officers) • General training for other SAPS officials at station level and inclusion as section in basic training • Trainings must including understanding of legal environment • Commanders of units should be trained in negotiation techniques

15. KEY ISSUES • Operational planning and Types of Public Protests • Public protests can take shape as either planned protests or the more controversial unplanned (spontaneous) public protests • Section 4 of the Regulation of Gatherings Act meeting to be attended by most senior officers who can make input and take decision on the spot. This should include the actual officer who will take command and control responsibilities at the actual event • Operational planning must always include an assessment of the environment, guide for the deployment of resources, and where necessary make provision for possible reinforcements • Provinces (through POP units) must facilitate development of contingency plans to provide minimum guidance on procedures to be followed should any of the public protest types manifests. This must also deal with how first officers on the scene responds. • SAPS must introduce measures to ensure cordoning off areas in restricting protest to routes and areas less significant and minimum opportunity for damage to property or threats to the person.

16. KEY ISSUES Command and Control • The success of effective response by the SAPS to any public protest situation is dependent on a strong line of command and control. • Clear line understanding of different responsibilities • Clear procedures on how to police protests and use of barricades and police lines as opposed to scattered deployment • The platoon leader is guided by the operational commander - who is normally situated some blocks away in a mobile or permanent command centre – this distance sometimes impact on tactical decisions(i.e. what happens when radio signal is lost, etc.) • Unit Commanders must ensure that SAP 15’s are completed before every intervention by the Public Order Policing Units including the serial number of firearms, shotguns, etc and the members have all the necessary equipment. Commanders must certify the issuing of such equipment. (All name tags displayed) • All police officers must know the line of command and control and act based on orders of commanders and platoon leaders • Policing of public protests solely responsibility of SAPS - Metro police may supplement but subject to the command and control of the SAPS • Briefings and debriefings must be made essential

17. KEY ISSUES • Responsibility of event organizers While the Police have a responsibility to police protest gatherings and events, the Gathering Act places considerable responsibility on organizers of events to ensure that such events are carried out in a orderly and peaceful manner. • Organisers must be able to show at the (section4) pre meetings that they have are able to deploy sufficient Marshalls • During the gathering/event the organisers should have a person who is able to liaise with the police commanders to address any problems that arise during the gathering event • Where he gathering spans more than one day the organisers of the gathering must be available to meet with SAPS commanders in order to review whether additional Marshalls and plans are required • Negotiations with commanders • SAPS Commanders must have negotiation skills and be able to use these skills during gatherings. In the case of a planned gatherings, the commanders must be able to negotiate with the organisers of the gathering as and when required • In the event of unplanned gathering the commanding officers must be able to identify key leaders of the gathering with whom they can negotiate

18. KEY ISSUES • Use of force at public gatherings • Standing order prescribes the kind of weapons and ammunition allowed to be used during public protests or gatherings and must be adhered to • Any instruction to discharge a firearm must be subject to review and investigation. A decision to discharge a firearm should be on the orders of the commanders • Members should at all times be issued with protective body amour, helmets, shields and batons. • Water cannons should be employed to disperse the crowd • Standing orders • The standing orders for the policing of public gathering should be compiled into a manual that is easy to read and accessible to all police officials involved in protest gatherings and events

19. KEY ISSUES…..cont • Equipment • In order to give effect to the implementation of this policy, it is incumbent on the SAPS management to (where necessary) kick start procurement processes in ensuring all the required and necessary equipment is procured, evenly distributed and allocated and that proper maintenance measures should be introduced. • The minimum equipment which will be required is: Body armour and Helmets; Shields; Batons; Water cannons ; etc • The above is required at all major events but in addition each commander should do an appreciation of the situation which must inform his or her decision on the deployment of resources • Mobile Command centres must be able to be deployed where necessary

20. KEY ISSUES…..cont • Intelligence and Information • A threat analysis must be conducted by the intelligence fraternity throughout the whole country to identify hotspots which must be considered and provide guidance for the deployment and/or allocation of equipment. • The use of intelligence as part of policing public protests is essential • Intelligence must play a role in planning deployment and operations of the POP unit. • Intelligence must be able to identify key risks during the protest and liaise with commanders regarding these risks (eg isolation of key individuals from the crowd) • All such gathering should be videoed . The videoing of such events will not only help police to identify gaps and weaknesses in their approach but can also be used to address criminality that occurs during protests.

21. THANK YOU