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03 June 2022 | Story Nitha Ramnath and Andre Damons


The criminal justice system in South Africa is not the solution to fixing the country’s crime problem, according to Gareth Newham, Head of the Justice and Violence Prevention Programme at the Institute for Security Studies (ISS).

Newham was part of the University of the Free State’s (UFS) webinar titled Crime in South Africa – who is to blame? which is the first instalment of the Thought-Leader webinar series.  Adriaan Basson, Editor of News24, Prof Joy Owen, Head of the Department of Anthropology at the University of the Free State (UFS), and Justice Dennis Davis, retired Judge at the High Court of Cape Town, were also part of the panel, which was facilitated by Prof Francis Petersen, Rector and Vice-Chancellor of the UFS. 
 
Newham also said that the criminal justice system is a reactive system. “Problems can be addressed through proper policing, where the job of the police is to identify where the crime is and who is responsible,” he added. “To reduce the murder rate, we need to look at information available and start developing evidence-based prevention programmes in specific localities,” said Newham. Newham added that there needs to be an overhaul of the SAPS and a rethinking of what we expect from the police. “SAPS needs to build public trust and must be trained in communication, problem solving, and the de-escalation of violence,” added Newham.

Newham pointed out that foreign nationals are not the cause of crime in South Africa.

All South Africans are responsible for crime in the country

According to Prof Owen, all South Africans are responsible for crime in the country. We are responsible for curbing it, eradicating it, and removing it. We are also responsible for supporting it, maintaining it, and incubating it.

“We are part of a larger ecology that is responsive to the other. And to understand the complexity of crime, we need to consider the system, not merely its parts. If we do, this wisdom might prevail as we admit that we are indeed all part of a societal problem, and by implication the solution we are waiting for.” 

“Whose responsibility is it then to ‘combat’ crime? Yours and mine. How? We need to build the social compact. We need to recognise the value and strength that exist in our co-relating. Recognise our responsibility to each other. Understand the dynamics of power, and how a collective response from the bottom up can manifest a different reality – Operation Dudula is a case in point, yes. But so too are other community-driven organisations such as Equal Education, and most noticeably, Gift of the Givers,” said Prof Owen. 

She also asked the question – given the recent statistics with the unemployment rate in South Africa being 35,3% and the youth unemployment rate 66,5%, have you wondered why the crime rate is not higher? South Africa has one police officer for every 413 civilians. 

“The majority of those living in South Africa are not committing crimes, even if we recognise that crimes are underreported in South Africa; even if we understand that we will never have enough police officers to prevent crime. Think about it. Do we understand that most of those who are resident in South Africa are law-abiding citizens? Do we understand that daily, men and women make a conscious choice not to rob another?”

Any solution to crime in South Africa, according to Prof Owen, will have to be multifaceted, multipronged, and holistic. Poverty needs to be eradicated; we need to ensure food security and active engagement in livelihoods that secure our collective well-being. 

SAPS have not functioned properly for many years

Basson, who talked from the perspective of a journalist with 20 years’ experience, said we cannot look at crime in the country without looking at our history, as the country has a violent history. Crime is not something new that started in 1994. The history of colonialism and apartheid marked by crime against certain people because of their race, contributed and is still contributing to many of the issues that underline and caused the crime we have in our country today.
According to Basson, unemployment, poverty, and inequality also contribute to crime. He said the police have not functioned properly for many years. It has not acted as a protection service for South Africans – especially those who cannot afford private security. This can be attributed to corruption in the leadership of the police. 
 
“We have a big problem with our police, and unfortunately, I do not see a way out. I also do not think our current administration has a clear strategy to fix the police. The current Minister of Police has been fired as police commissioner due to a dodgy building contract (which was overturned in court many years later), and now it feels like he is still not done, as he acts more like the police commissioner than the political head,” said Basson.

Judge Davis added that while the police produce good evidence from time to time, shoddy work often prevents convictions, which is exacerbated by the absence of forensic skills. “A complete degradation of the system exists and there is the need for an overhaul of the SAPS,” added Judge Davis. He stressed that the huge levels of corruption within the SAPS compounds the problem even further and questioned whether we are attracting the right people into SAPS. 

Resurrection of the NPA needed

Judge Davis did not mince his words when he said that the National Prosecuting Authority (NPA) was guttered under Shaun Abrahams. He added that successful prosecutions were needed, and support from the private bar was important for the NPA to be resurrected. “There are many talented and dedicated prosecutors in the NPA,” he added.

According to Judge Davis, the court system is under tremendous strain, and however skilled or talented the magistrates and judges are, the Stalingrad tactics of holding up cases forever is problematic. He added that hearings should be longer. “Court times are a significant problem, and we do not sit for enough hours and push cases as significantly as we can,” he emphasised.

Judge Davis also touched on the complex parole system and emphasised the need for proper parole officers. He added that a completely inadequate system exists from beginning to end, and that there is a need to use the skills that South Africa has. “Sentencing is also a problem, and no proper sentencing training exists for judges,” he added.

“If we had national security, the July 2021 unrest would not have happened, and we would have had convictions,” he said.
“We also cannot underestimate the effects of apartheid and the social and political consequences of people living on the margins in relation to crime,” Judge Davis added. 

News Archive

National Human Trafficking Resource Line a victim-centred approach to combating crime
2017-08-24

Description: Beatri Kruger Tags: Beatri Kruger 

Prof Beatri Kruger, Adjunct Professor at the
UFS Faculty of Law. Photo: Supplied

As a response to the rising number of human trafficking cases in South Africa and around the world, key role players in various fields have pulled together to come up with workable solutions on how to stop the crime and assist victims. Some of the work being done by NGOs and law enforcement agencies has been supported by insights from research conducted in communities and by academic institutions. According to Prof Beatri Kruger, Adjunct Professor of Law in the Faculty of Law at the University of the Free State and experienced researcher in human trafficking, support for victims has grown in leaps and bounds with the help of the latest technology. More and better quality information can be collected to strengthen efforts of combating the crime,” she said.

One such technological development is the national Human Trafficking Resource Line, which provides various services, including information on trafficking activities, assistance to agencies working with victims of trafficking in persons (TIP), creating a network from which data can be collected, analysed, and activities tracked, in order to ensure the best service to victims.

The resource line connects callers, often victims of TIP or anonymous tippers, to service providers in social services, law enforcement, places of safety, medical facilities, and government agencies, especially during emergencies. 

Resource line a helping hand to victims

The resource line was established in 2016 and has replaced the previous helpline. This line provides more services and resources than just a helpline. Through partnerships, it works to strengthen local and national structures that can assist victims over the phone. 

Call specialists are trained by Polaris, an American company using international standards and protocols. The call specialists are available 24/7 to take reports of human trafficking confidentially and anonymously. They put victims in touch with service providers for health screening, counselling, and repatriation if they are from another country, and also assist with case management.

Empowering service providers is the key to success

Support for service providers such as NGOs, safe houses, and government departments in the network is in the form of skills training programmes for staff, and a referral system in various provinces around the country. There are good referral partners in each province, as well as provincial coordinators ensuring accountability regarding cases, mobilising services for victims, and coordinating the referrals and response.  

To strengthen the network further, services provided in each province are being standardised to ensure that the right people are contacted when handling cases, and that key stakeholders in each province are used. The strength of the provincial provider network is key to offering victims of human trafficking the services they need.

Human trafficking is a crime that permeates multiple academic disciplines and professions. Therefore, information collected from victims through such a helpline and collated by agencies, will assist academic institutions such as the UFS in furthering their research, while strengthening the content of academic programmes in fields such as law, law enforcement, social sciences, health sciences, and international relations.

The number to call for reporting or providing tips on TIP-related crimes and activities, is 0800 222 777.

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