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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

Media: Sunday Times
2006-05-20

Sunday Times, 4 June 2006

True leadership may mean admitting disunity
 

In this edited extract from the inaugural King Moshoeshoe Memorial Lecture at the University of the Free State, Professor Njabulo S Ndebele explores the leadership challenges facing South Africa

RECENT events have created a sense that we are undergoing a serious crisis of leadership in our new democracy. An increasing number of highly intelligent, sensitive and committed South Africans, across class, racial and cultural spectrums, confess to feeling uncertain and vulnerable as never before since 1994.

When indomitable optimists confess to having a sense of things unhinging, the misery of anxiety spreads. We have the sense that events are spiralling out of control and that no one among the leadership of the country seems to have a definitive handle on things.

There can be nothing more debilitating than a generalised and undefined sense of anxiety in the body politic. It breeds conspiracies and fear.

There is an impression that a very complex society has developed, in the last few years, a rather simple, centralised governance mechanism in the hope that delivery can be better and more quickly driven. The complexity of governance then gets located within a single structure of authority rather than in the devolved structures envisaged in the Constitution, which should interact with one another continuously, and in response to their specific settings, to achieve defined goals. Collapse in a single structure of authority, because there is no robust backup, can be catastrophic.

The autonomy of devolved structures presents itself as an impediment only when visionary cohesion collapses. Where such cohesion is strong, the impediment is only illusory, particularly when it encourages healthy competition, for example, among the provinces, or where a province develops a character that is not necessarily autonomous politically but rather distinctive and a special source of regional pride. Such competition brings vibrancy to the country. It does not necessarily challenge the centre.

Devolved autonomy is vital in the interests of sustainable governance. The failure of various structures to actualise their constitutionally defined roles should not be attributed to the failure of the prescribed governance mechanism. It is too early to say that what we have has not worked. The only viable corrective will be in our ability to be robust in identifying the problems and dealing with them concertedly.

We have never had social cohesion in South Africa — certainly not since the Natives’ Land Act of 1913. What we definitely have had over the decades is a mobilising vision. Could it be that the mobilising vision, mistaken for social cohesion, is cracking under the weight of the reality and extent of social reconstruction, and that the legitimate framework for debating these problems is collapsing? If that is so, are we witnessing a cumulative failure of leadership?

I am making a descriptive rather than an evaluative inquiry. I do not believe that there is any single entity to be blamed. It is simply that we may be a country in search of another line of approach. What will it be?

I would like to suggest two avenues of approach — an inclusive model and a counter-intuitive model of leadership.

In an inclusive approach, leadership is exercised not only by those who have been put in some position of power to steer an organisation or institution. Leadership is what all of us do when we express, sincerely, our deepest feelings and thoughts; when we do our work, whatever it is, with passion and integrity.

Counter-intuitive leadership lies in the ability of leaders to read a problematic situation, assess probable outcomes and then recognise that those outcomes will only compound the problem. Genuine leadership, in this sense, requires going against probability in seeking unexpected outcomes. That’s what happened when we avoided a civil war and ended up with an “unexpected” democracy.

Right now, we may very well hear desperate calls for unity, when the counter-intuitive imperative would be to acknowledge disunity. A declaration of unity where it manifestly does not appear to exist will fail to reassure.

Many within the “broad alliance” might have the view that the mobilising vision of old may have transformed into a strategy of executive steering with a disposition towards an expectation of compliance. No matter how compelling the reasons for that tendency, it may be seen as part of a cumulative process in which popular notions of democratic governance are apparently undermined and devalued; and where public uncertainty in the midst of seeming crisis induces fear which could freeze public thinking at a time when more voices ought to be heard.

Could it be that part of the problem is that we are unable to deal with the notion of opposition? We are horrified that any of us could be seen to have become “the opposition”. The word has been demonised. In reality, it is time we began to anticipate the arrival of a moment when there is no longer a single, overwhelmingly dominant political force as is currently the case. Such is the course of history. The measure of the maturity of the current political environment will be in how it can create conditions that anticipate that moment rather than seek to prevent it. We see here once more the essential creativity of the counter-intuitive imperative.

This is the formidable challenge of a popular post-apartheid political movement. Can it conceptually anticipate a future when it is no longer overwhelmingly in control, in the form in which it is currently, and resist, counter-intuitively, the temptation to prevent such an eventuality? Successfully resisting such an option would enable its current vision and its ultimate legacy to our country to manifest in different articulations, which then contend for social influence. In this way, the vision never really dies; it simply evolves into higher, more complex forms of itself. Consider the metaphor of flying ants replicating the ant community by establishing new ones.

We may certainly experience the meaning of comradeship differently, where we will now have “comrades on the other side”.

Any political movement that imagines itself as a perpetual entity should look at the compelling evidence of history. Few movements have survived those defining moments when they should have been more elastic, and that because they were not, did not live to see the next day.

I believe we may have reached a moment not fundamentally different from the sobering, yet uplifting and vision-making, nation-building realities that led to Kempton Park in the early ’90s. The difference between then and now is that the black majority is not facing white compatriots across the negotiating table. Rather, it is facing itself: perhaps really for the first time since 1994. Could we apply to ourselves the same degree of inventiveness and rigorous negotiation we displayed leading up to the adoption or our Constitution?

This is not a time for repeating old platitudes. It is the time, once more, for vision.

In the total scheme of things, the outcome could be as disastrous as it could be formative and uplifting, setting in place the conditions for a true renaissance that could be sustained for generations to come.

Ndebele is Vice-Chancellor of the University of Cape Town and author of the novel The Cry of Winnie Mandela

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