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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

Position statement: Recent reporting in newspapers
2014-10-03

 

You may have read reports in two Afrikaans newspapers, regarding recent events at the University of the Free State (UFS). Sadly, those reports are inaccurate, one-sided, exaggerated and based not on facts, but on rumour, gossip and unusually personal attacks on members of the university management.

Anyone who spends 10 minutes on our Bloemfontein Campus would wonder what the so-called ‘crisis’ is about.

We are left with no choice other than to consider legal action, as well as the intervention of the South African Press Ombudsman, among other steps, to protect the good name of the institution and the reputation of its staff. No journalist has the right to launch personal and damaging attacks on a university and its personnel, whatever his or her motives, without being fair and factual. In this respect, the newspapers have a case to answer.

But here are the facts in relation to the reports:

  1. No staff member, whether junior or senior, is ever suspended without hard evidence in hand. Such actions are rare, and when done, are preceded by careful reviews of our Human Resource Policies, labour legislation and both internal and external legal advice. Then, and only then, is a suspension affected. A suspension, moreover, does not mean you are guilty and is a precautionary action to allow for the disciplinary investigation and process to be conducted, especially where there is a serious case to answer.
  2. At no stage was the Registrar instructed to leave the university; this is patently false and yet reported as fact. We specifically responded to the media that the Registrar does outstanding work for the university and that it is our intention for him to remain as our Registrar through the end of his contract in 2016.
  3. The Rector does not make decisions by himself. Senior persons, from the position of Dean, upwards, are appointed by statutory and other senior committees of the university and finally approved by Council. No rector can override the decision of a senior committee, and this has not happened at the UFS even in cases where the Rector serves as Chair of that committee. The impression of heavy-handed management at the top insults all our committee structures, including the Institutional Forum – the widest and most inclusive of stakeholder bodies at a university – which reports directly to Council on fairness and compliance of selection processes.
  4. In the case of senior appointments, Council makes the final decision. Council fully supports the actions taken on senior appointments, including a recent senior suspension. The fact that one Council member resigns just before the end of his term, whatever the real reason for this action, does not deter from the fact that the full Council in its last sitting approved the major staffing decisions brought before it. The image therefore that the two newspapers try to create of great turmoil and distress at the university, is completely unfounded.

Even if we wanted to, the university obviously cannot provide details about staffing decisions, especially disciplinary actions in process, since the rights of individuals should be protected in terms of the Human Resource Policies and procedures of the UFS. But that does not give any newspaper the right to speculate or state as fact that which is based on rumour or gossip, or to slander senior personnel of the university. For these reasons, we have been forced to seek legal remedy and correction as a matter of urgency.

Make no mistake, underlying much of the criticism of the university has been a distress about transformation at the UFS; in particular, the perception is created that white colleagues are losing their jobs. The evidence points in the opposite direction. Our progress with equity has been slow and we lag far behind most of the former white universities; that is a fact. More than 90% of our professors are white; most of our senior appointments at professorial level and as heads of department are still overwhelmingly white. Reasonable South Africans would agree that our transformation still has a long way to go and only the mean-spirited would contend otherwise. But based on the two Afrikaans newspaper reports, an impression is left of the aggressive rooting out of white colleagues.

In the past few years the academic standard of the university has significantly improved. We now have the highest academic pass rates in years, in part because we raised the academic standards for admission four years ago. We now have the highest rate of research publications, and among the highest national publication rate of scholarly books, in the history of the UFS. We have one of the most stable financial situations of any university in South Africa, with a strong balance sheet and growing financial reserves way beyond what we had before. We now attract top professors from around the country and other parts of the world, and we have the highest number of rated researchers, through the National Research Foundation, than ever before. And after the constant turmoil of a number of years ago, we now have one of the most stable campuses in South Africa. Those are the facts.

The UFS is also regarded around the world as a university that has become a model of transformation and reconciliation in the student body. The elections of our Student Representative Council are only the most visible example of how far we have come in our leadership diversity. Not a week goes by in which other universities, nationally and abroad, do not come to Kovsies to consult with us on how they can learn from us and deepen their own transformations, especially among students.

Rather than focus on what more than one senior journalist, in reference to the article in Rapport of 21 September 2014, rightly called ‘a hatchet job’ on persons and the university, here are the objective findings of a recent survey of UFS stakeholders: 92% endorse our values; 77% agree with our transformation; 78% believe we are inclusive; and 78% applaud our overall reputation index.  Those are very different numbers from a few years ago when the institution was in crisis.

This is our commitment to all our stakeholders: we will continue our model of inclusive transformation which provides opportunities for study and for employment for all South Africans, including international students and colleagues. We remain committed to our parallel-medium instruction in which Afrikaans remains a language of instruction; we are in fact the only medical school in the country that offers dual education and training in both Afrikaans and English for our students - not only English. We provide bursaries and overseas study opportunities to all our students, irrespective of race. And our ‘future professors’ programme is richly diverse as we seek the academic stars of the future.

We are not perfect as a university management or community. Where we make mistakes, we acknowledge them and try to do better the next time round. But we remain steadfast in our goal of making the UFS a top world university in its academic ambitions and its human commitments.

END

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