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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

Vice-Chancellor honoured with major awards
2013-05-02

02 May 2013

The University of the Free State (UFS) is proud to announce that Prof Jonathan Jansen, Vice-Chancellor and Rector, has been awarded a number of major awards recently.

The University of California in the United States awarded him the Alice and Clifford Spendlove Prize in Social Justice, Diplomacy and Tolerance. The award is made in recognition of persons who exemplify in their work the delivery of social justice, diplomacy and tolerance in the diverse local and global society.

“The committee was very impressed with the commitment that Prof Jansen has had to reconciliation and forgiveness as a way to build bridges and to find common ground. Prof Jansen is following in the steps of many of our greatest peace-time leaders and we support his efforts to bring understanding to all cultures,” said Mark Aldenderfer, chair of the awards committee and Dean of the School of Social Sciences, Humanities and Art at the University of California.

Prof Jansen also received the 2013 Academia Award at the Sixth Annual Ubuntu Lecture and Dialogue Awards Ceremony of the Turquoise Harmony Institute on 4 April 2013 in Johannesburg. The Institute aims to foster relations among different faith and cultural traditions to contribute to the well-being of humanity.

According to the organisers, “outstanding individuals who made noteworthy contributions to dialogue, peace and harmony in the society,” are given recognition during the ceremony. The awards are made in a number of different categories. Prof Jansen was among the recipients who included Graca Machel and the South African National Editors Forum (SANEF). Previous winners of Turquoise Awards include Ahmed Kathrada, Chester Williams, Dr Frene Ginwala and Prof Russel Botman.

On 10 May 2013, Prof Jansen was also honoured by Kappa Delta Pi International Honour Society in Education. He was awarded membership of the Laureate Chapter of the society founded in 1911 which “is comprised of men and women who have made distinguished contributions to education, and is limited to 60 living persons”. Prof Jansen joins an exclusive membership of 293 which includes such luminaries as Albert Einstein, Eleanor Roosevelt, Jean Piaget and George Washington Carver.

Also in the United States, Prof Jansen has been invited to be Messenger Lecturer for Fall 2013 at Cornell University. He will give three lectures and interact with the students and staff of Cornell at various functions.

“This is a significant honour and it will really allow members from across the university to get a deeper appreciation of the work you are doing at UFS and in South Africa more broadly,” said Prof Judith Byfield of Cornell’s Department of History and Director of Graduate Studies at the department’s Africana Studies and Research Centre.

On the local front, City Press published its inaugural 100 World Class South Africans on 28 April 2013. During a rigorous selection process, 100 of our country’s most extraordinary citizens who have achieved world-class status were chosen. Prof Jansen’s achievements procured him a place on this prestigious list in the category: Heroes and Mavericks.

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