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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

DF Malherbe Memorial Lecture
2005-05-19

DF Malherbe Memorial Lecture: Language and language activism in a time of transformation (summary)
Proff Hennie van Coller and Jaap Steyn

Language activism necessary for multilingualism
The awareness is growing that language activism will be needed to bring about a truly democratic multi-lingual society. What is quite clear is that a firm resolve must continuously resist the concentrated pressure on Afrikaans-medium schools (and universities) to allow themselves to be anglicised through becoming first parallel medium, then dual medium, and finally English medium institutions.

Proff Hennie van Coller and Jaap Steyn said this last night (Wednesday night) in the 24th DF Malherbe Memorial Lecture at the University of the Free State. Prof van Coller is head of the Department Afrikaans, Dutch, German and French at the UFS. Both are widely honoured for their contributions to Afrikaans and the promotion of Afrikaans.

They discussed three periods of transformation since 1902, and said about the current phase, which started in 1994:  “Besides all institutions and councils having to be representative of South Africa’s racial composition, places of education were required to open their doors. Quite rapidly this policy has had the result that schools and universities may be solely English medium, but not solely Afrikaans medium. Afrikaans medium institutions — if they claim the right to remain Afrikaans — are quickly branded racist, even though their student body may include all races.

“Education departments are presently exerting great pressure on Afrikaans medium schools to become double or parallel medium schools.  Parallel medium education is an equitable solution provided it can be sustained. Established parallel medium schools, such as Grey College in Bloemfontein, have catered even-handedly for English and Afrikaans speakers for decades. But the situation is different in the parallel medium (and still worse in the double medium) schools that spring up usually at the behest of a department of education.

“Afrikaans schools are converted almost over-night into parallel or dual medium schools without any additional personnel being provided. Depending on the social environment, a parallel medium school becomes reconstituted as a dual medium school on average in five to eight years, and dual medium school becomes an English-only school in two to three years. Some Afrikaans medium schools have become English medium in just three years.

“Though the Constitution recognises mono-lingual schools, officials in the provinces insist that Afrikaans schools become dual or parallel medium; English medium schools are left undisturbed. One must conclude that the tacit aim of the state is English as the sole official language, despite the lip-service paid to multi-lingualism, and the optimistic references to post-apartheid South Africa as a ‘rainbow’ nation.”

They said a recent study has shown that the 1 396 Afrikaans schools in the six provinces in 1993 have dwindled to 844. The fall off in the Free State is from 153 to 97; in the Western Cape from 759 to 564; in Gauteng from 274 to 155; in Mapumalanga from 90 to 3; in the North West from 82 to 13; and in Limpopo Province from 38 to 12.

They said the changes at universities, too, have been severe, as university staffs well know. Ten years ago there were five Afrikaans universities. Today there are none. The government demanded that all universities be open to all, which has meant that all universities have had to become English medium. And no additional funding was forthcoming for the changes. The government policy amounts to a language “tax” imposed on the Afrikaans community for using Afrikaans.

“Only when all schools (and universities) are English will the clamor cease. Academics and educationists are beginning to speak openly of forming pressure groups to save Afrikaans schools, and of using litigation as one of their methods. 59% of Afrikaans parents have said they would support strong action if Afrikaans were no longer a medium of instruction at schools.”

 

 


 

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