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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

Open Day engulfs Bloemfontein Campus with colour, crowds and cheer
2013-05-04

 

08 May 2013
Photo: Lelanie de Wet


   Open Day YouTube video

The procession – comprising of Prof Jonathan Jansen and the Deans of all the UFS faculties – stately entered a packed Callie Human Centre on Saturday morning 4 May 2013. As everyone took their seats, all the lights were abruptly cut, leaving the hall in a stunned silence. Suddenly brilliant beams of green, blue and red lights cut through the dark, exploding into a spectacular laser show.

Open Day 2013 on the Bloemfontein Campus was officially under way.

The audience of parents and prospective students were awe-struck by a transfixing electric guitar performance, dancers lit up by LED suits, pulsing music and finally Corneil Muller singing to the accompaniment of Prof Jansen behind the piano.

Vice-Chancellor and Rector, Prof Jansen immediately made attendees from across all nine provinces, Namibia, Lesotho and several other countries feel at home and embraced by the university. During his welcoming address, Prof Jansen referred to the fact that Kovsies places the bar high when it comes to achievement. “We expect more of our students,” he said. “Passing is not important, passing wéll is important.” He stressed that at the university we teach students to be decent, to be exceptional people. “We place a high premium on being an outstanding human being.” He went on to say that our students are better than the previous generation – they do not carry the baggage of the old.

Prof Jansen also communicated the university’s commitment to developing leaders with an understanding of the world. This is why the university afford students the opportunity, amongst other things, to study abroad. Students have access to a wide variety of organisations and the privilege to have access to leaders who they can converse with. Kovsies strives to produce leaders, not only in the community, but on a global platform.

To demonstrate this last point, top Kovsie achievers joined Prof Jansen on stage to relay their stories of perseverance, courage and success. Included among these stars, were athlete Danél Prinsloo; Varsity Cup Player that Rocks 2013 Oupa Mohoje; DW Bester, a Rhodes Scholar currently studying at Oxford University in the United Kingdom; and Jurie Swart, who ranked under the top five in the 2012 International Graduate Architecture Student Design competition.

The residences pulled out all stops when it came to the presentation of their individual stalls. The gardens in front of the Main Building burst with colour, sound, dancing and laughter as the residences competed to draw the most visitors. The faculties also opened their doors for a glimpse at the exciting opportunities awaiting prospective students.

A record amount of visitors went home with the words of Rudi Buys, Dean of Student Affairs, inscribed in their minds summing up what the UFS is all about: “Where a sense of community matters more than the colour of your skin.”

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