By Zelna Jansen
Earlier this year, the South African Police Service (SAPS) reported to Parliament’s Police Committee on the crime statistics and trends. It was reported that among others, the murder rate increased by 8.9% as compared to the previous term of last year.
For the third term of the 2021 to 2022 financial year, more women were murdered, and women were victims in 12 614 cases of common assault as compared to the 2 528 cases of men being assaulted. Kidnapping has also increased starkly by 35.7%. There was a decline of murder of children by 5.6%. Only 352 children were murdered in the latter quarter of 2022.
Many reasons can be given for the increase in crime such as socio-economic circumstances such as unemployment and poverty. It was also noted that where there is economic deprivation, it is common for people to lose respect for the rule of law, rebel, and transition into notorious activities.
However, these could be curtailed with proper leadership and the necessary political will. All of which has been lacking in the security cluster. About seven people have held the position of national police commissioner. None of them has worked out their full term. Those that were suspended were Jackie Selebi, Bheki Cele, Riah Phiyega and Khomotso Phahlane.
Reasons for their suspensions ranged from taking bribes, corruption allegations, findings by commission of inquiry and dishonesty.
Former national police commissioner Khehla Sitole was given a notice of suspension in October 2021. This was after a high court ruling in January 2021 found that Sitole and two of his lieutenants breached their duties in failing to co-operate with the Independent Police Investigative Directorate (Ipid).
It was ordered that all the evidence requested by Ipid be immediately handed over. This investigation is ongoing.
There were also rumours about conflict between Minister Cele and Sitole along the lines of them being part of different factions within the ruling party and that it was Cele who called for an investigation by Ipid. However, at a Portfolio Committee meeting Cele said that that was not the case and that they are working together.
The removal of Sitole is welcomed by many but some have questioned why the president had taken so long to act? The court ruling was made in January 2021 and Sitole was given a notice of suspension in October and his termination becomes effective on 31 March, 2022. A question to ask is whether the president’s notice to suspend Sitole was because of the increase in crime, Ipid investigation and high court ruling, or is he consolidating power with a focus on the ruling party’s national conference later this year?
Section 207 of the Constitution provides that the president appoints the national commissioner to control and manage the police service. The control and management of the police must be done in line with the national policing policy and the directions of the minister of police. The Constitution also provides that the national commissioner appoints provincial commissioners with the concurrence of the provincial executive. If there is no concurrence the minister of police must mediate.
Section 206 of the Constitution provides that the minister of police is responsible for policing and determines national policing policy after consulting the provincial governments. Two centres of powers are created by the Constitution. The intention of the Constitution was likely to create a system of checks and balances within the police structure. The president appoints the centres, giving the president the power to remove them as well. There is therefore nothing inherently wrong with having two centres of power to keep a check on each other.
It is unfortunately the inability to resist the power of the centre by the individual and the faction he or she represents. Leadership’s instability is therefore the culprit behind many South Africans not feeling safe and protected by the police whose mandate it is to protect, uphold and enforce the law and maintain public order.
Other than the national and provincial commissioners, the police structure further consists of about 200 generals and more than 600 brigadiers collectively earning around R1 billion annually. Each general has a driver with two protectors and a luxury vehicle. They have the same salary and benefits as a minister. Generals also have access to using the SAPS jets and helicopters if they must travel for long distances.
All of this while crime is spiralling out of control. In fact, in 2019, it was noted that 76% of police stations across the country did not have a single rape kit in stock. Is there a solution to all of this?
In the Doctors for Life International v The Speaker of the National Assembly Case (2006), Judge Zak Yacoob dissented. He voted against creating an obligation on Parliament to involve the public in its business. Rather, citizens should hold political office bearers accountable through voting. Perhaps this is what citizens must do to hold politicians accountable for what is happening.
* Zelna Jansen is a lawyer. She is CEO of Zelna Jansen Consultancy.