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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

UFS council elects Nwaila and Hancke
2005-03-15

Dr Charles Nwaila, Superintendent-General of Education in the Free State, was elected Vice-chairperson of the UFS Council and Judge Faan Hancke was re-elected as Chairperson today.

According to the Rector and Vice-Chancellor, Prof Frederick Fourie, the election of Dr Nwaila is an important achievement for the UFS as Dr Nwaila is a well known leader in education in the Free State.

Dr Nwaila pledged to work constructively with the UFS council and management to ensure that the UFS benefits all people of the province and the country.

The appointments are valid for a term of three years from 1 June 2005 to 31 May 2008.

The elections took place at the quarterly meeting of the UFS Council where a number of other key transformation steps were approved.

The Council approved a Strategic Plan for the UFS which reflects a renewed focus on transformation of the institution, calling it an important roadmap for the future of the UFS.

According to Prof Fourie, the Strategic Plan tried strike a balance between continuity and change, addressing the need to remain an excellent university in an ever-changing context and environment.

Prof Fourie said transformation had many aspects and dimensions and could not be reduced to an issue of numbers.

The Strategic Plan identifies five strategic priorities and corresponding challenges in the next phase of transformation.

The priorities are:

  • quality and excellence

  • equity, diversity and redress

  • financial sustainability

  • regional co-operation and engagement.

  • outward thrust

Prof Fourie said that besides the five strategic priorities the plan also reflected concrete actions and interventions to address them.

He said the renewed focus on transformation is embedded in the priorities and specific actions that are identified.

The Council congratulated the management for the roadmap and for the achievements that have already been achieved in terms of transformation.

In order to draft a comprehensive Transformation Plan that will give substance to certain aspects of the UFS Strategic plan – or roadmap – the Council approved the establishment of a Transformation Plan Team.

The team will consist of about 16 people, which includes the two coordinators, Prof Teuns Verschoor, Vice-Rector: Academic Operations, and Dr Ezekiel Moraka, Vice-Rector: Student Affairs.

According to Prof Verschoor, the team was chosen and approved by the Executive Management earlier for the individual contributions that they could make.

While the individuals do not represent particular constituencies on campus they are a very diverse group of persons in terms of race, gender and various sections of the campus and the satellite campuses.

Prof Fourie, said there was an urgency and importance attached to the work of the Transformation Plan Team.

He said that while the team must produce a plan within a tight deadline, the task must be carried out very well, which could mean different stages in the work of the team.

According to the Rector, the UFS must take the lead in best practice transformation, while not underestimating the complexity of the issues facing the UFS.

The full list of names will be finalized soon.

MEDIA RELEASE
Issued by: Mnr Anton Fisher
Director: Strategic Communication
Cel: 072 207 8334
Tel: (051) 401-2749
11 Maart 2005

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