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02 October 2020 | Story Prof Theodore Petrus | Photo Supplied
Prof Theodore Petrus is an associate Professor in Anthropology at the UFS

The death of Andries Tatane in 2011, the Marikana massacre in 2012, and the recent fatal shooting of Natheniël Julies have one thing in common   they involved acts of what can be called police brutality. The issue of police brutality has emerged as a serious issue of national concern. Given the widespread concerns about crime and criminality in South Africa, the historical and contemporary context of policing and law enforcement has a significant impact on not only the South African Police’s (SAPS) ability to police crime, but also the public’s perceptions of how they police.

In June 2020, the National Minister of Police, Bheki Cele, reported in Parliament that 49 cases of police brutality had been reported since the start of the COVID-19 lockdown regulations. Cele said that while the police were allowed by law to act with deadly force, they were also bound to act within the law and the Constitution. And this is where we find the dilemma of formal policing in South Africa, especially in relation to another issue of national concern, namely gangsterism and gang violence.

A transformed police
 
Starting with the wider historical and contemporary context of policing, after 1994, the transformation of the SAPS to bring it in line with the new democratic principles of the new dispensation was a matter of priority. For the majority of South Africans, the police were viewed as the brutal enforcers of the apartheid state, concerned more with carrying out and enforcing the oppressive objectives of the apartheid government rather than serving and protecting the public. It was thus imperative, in order to restore the public’s trust in the police, that the police service be transformed. However, despite the structural and legislative transformations of the police, subsequent acts and incidents involving the police have served to equate the post-1994 “transformed” police service with that of the apartheid state. In addition to the much-publicised incidents alluded to earlier (as well as many others), reports of police mismanagement, corruption and criminality within the highest levels of the police service itself, have reinforced negative perceptions of the police. It remains to be seen what impact the SAPS Amendment Bill of 2020 will have on the SAPS going forward. Will this legislative amendment only address the issues superficially, or will it get to the root causes of the current challenges facing the SAPS?

On the other end of the spectrum, gangsterism and gang violence in South Africa also have a historical and contemporary context, too complex to go into any great detail here. Suffice to say that the gang challenge in many contemporary South African communities is not a recent phenomenon, but is a deeply entrenched issue, so rooted in these communities that it cannot simply be rooted out using a heavy-handed law enforcement approach. Gangsterism forms a significant part of the social and cultural contexts of the communities in which it exists, and is a manifestation of the same historical and contemporary structural violence and marginalisation of these communities. 

Consequences of conflict between police and gang-affected communities

When the police and gang-affected communities come into conflict, the dynamics that are exposed can have a range of consequences. In the Western Cape, for example, we have seen the emergence of community-based anti-gang and anti-crime vigilante organisations such as People Against Gangsterism and Drugs (Pagad). In Eldorado Park, we witnessed the fatal shooting of Natheniël Julies, leading to community outrage and anger against the police. In the northern areas of Port Elizabeth, we see communities demonstrating a lack of co-operation with police investigating gang-related cases, even going as far as helping known gang members to evade police detection, or hiding illegal weapons and firearms. And in the Free State, in September, provincial police spokesperson, Brigadier Motantsi Makhele indicated that at least 12 people were arrested in connection with gang wars. Yet gang violence continues, despite police intervention.

So the question is: what can be done about the problems of police brutality and gangsterism?

There is no simple answer. Also a “one-size-fits-all” approach will not be effective. However, recognising and addressing the following factors may be a step in the right direction:

1. Studies of police culture that address the root causes of police brutality should be prioritised, and the results of such studies taken seriously.
2. The police must become aware of the historical and contemporary issues affecting their current public perception.
3. Serious attention needs to be given to police leadership and management, starting from the Ministry of Police down to branch level.
4. A holistic approach to addressing gangsterism should be encouraged, rather than making it solely a law enforcement issue.
5. The politicisation of gangsterism and policing should make way for policies and recommendations based on thorough social scientific research.

Police brutality and gang-related crime are not unique to South Africa, nor are they only challenges in “developing” countries. The US, Australia and in the UK and France, cases of police brutality and gang-related violence have been well documented. In fact, these countries have also not yet found viable and sustainable ways of addressing these challenges. What makes South Africa unique is our specific context that underpins these challenges. So any sustainable solution(s) will have to be based on a fundamental understanding of this context. For as long as this is ignored, any efforts to curb police brutality in the carrying out of their duties, or effective policing of gangs that does not violate human rights, will remain unrealised and will maintain the current levels of distrust between the public and the police.  

Opinion article by Prof Theodore Petrus, Department of Anthropology, University of the Free State.

News Archive

UFS awards centenary bonuses to staff
2004-11-25

The University of the Free State (UFS) will award a special Centenary bonus of R3000 (three thousand rand) to all qualifying staff in December 2004 .

As far as general salary increases for 2005 are concerned, plus an inflation- based linked salary increase adjustment of 1,4 percent and a further 4,6 percent salary increase as a final dividend from the financial turn-around strategy that began in 2000, will be instituted .

  • The final percentage salary increase is dependent on whether the expected government subsidy, of which the UFS must still receive notification from the Department of Education, is received.
  • , if the expected government subsidy realizes .
  • In addition, the salaries of service workers in low remuneration groups, as well as full professors have been adjusted retroactively to 1 January 2004. This restructuring was agreed upon to address market-related backlogs for these two groups , who display the biggest backlog relative to comparable institutions . A similar professional bench-marking exercise for support service staff has not been finalised.

This agreement was signed on Wednesday 24 November 2004 between the UFS Council and the UVPERSU-NEHAWU Joint Forum regarding salary negotiations for 2005.

“With this Centenary bonus and the significant above-inflation salary increase payment the UFS wants to pay recogni se tion to the sterling role that staff

have played in a difficult period of transition and fast growth and the contributions that they made to promote excellence at the UFS to a

university of excellence,” said Prof Frederick Fourie, Rector and Vice-

Chancellor of the UFS.

He said that the extra payment of this final 4,6 percent increase due to benefit from the financial turn-around strategy means that in real terms average salaries at the UFS had increased over the past 3 to 4 years by well over more that the 15 percent target that was set initially.

According to Prof Fourie all staff members who were in the employ of the UFS on UFS conditions of service on 15 November 2004 and who assumed duties before 1 October 2004, will qualify for the bonus. The same criteria will apply as for the 2004 bonuses.

However, there are some exceptions who do not qualify for the bonus eg learning facilitators, professors extraordinary, affiliated lecturers, departmental assistants, laboratory assistants, student help, all staff appointed for less than 20 hours per week, persons who are paid on a claims basis etc.

“Although the UFS’s actual subsidy amount is not yet known, an increase of 6,6 % in the total remuneration costs was budgeted for in the budget serving before the Executive Management and Council. It was further agreed with the UVPERSU-NEHAWU Joint Forum that the first 6 % increase will be used as general pensionable salary adjustment with implementation date 1 January 2005,” said Prof Fourie.

According to Prof Fourie the agreement also applies to all staff members of the Qwaqwa and Vista campuses whose conditions of service are already aligned with those of the main campus.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
25 November 2004

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