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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 letter from Prof Jonathan Jansen to all UFS students
2014-02-22

Dear Students of the University of the Free State

In the past four years there has emerged a new consensus on the three campuses of the University of the Free State (UFS) about the things that divide us – such as racism, sexism and homophobia. Students and campus leaders have worked hard to develop this new consensus in residences and in the open spaces on campus. There can be no doubt that new bonds of friendship have developed across the markers of race, ethnicity, class, religion and sexual orientation. I bear witness to these new solidarities every day on the campus.

You chose a white student to head up the transformation portfolio on the SRC. You chose a black captain to head up the university’s first team in rugby. You chose a white “prime” as head of residence to lead a predominantly black men’s residence. You chose a South African woman of Indian descent as Rag Queen and last week, a black student from Cape Town as the men’s Rag winner—choices not possible and never made before in our campus history. Many of you have intimate friends who come from different social or cultural or religious backgrounds. You learn together, share rooms together, pray together and party together. In other words, in the day to day workings of this university campus, you have demonstrated to campus, city and country that we can overcome the lingering effects of racism and other maladies in this new generation. You have helped create a university community inclusive of people of diverse religions, abilities, class and sexual orientation.

I have said this repeatedly that from time to time this new consensus will be tested – when a minority of students, and they are a small and dwindling minority, still act as if these are the days of apartheid. And when that consensus is tested as it was this week, and as it will be tested in the future, only then we will be able to assess the strength and durability of our progress in creating a new South African campus culture of human togetherness based on respect, dignity and embrace.

The real test of our leadership, including student leadership, is how we respond when our transformation drive is threatened.

Let me say this: I have absolute faith in you, as students of this great university, to stand together in your condemnation of these vile acts of violence and to move together in your determination to maintain the momentum for the Human Project of the University of the Free State. We have come too far to allow a few criminals to derail what you have built together in recent years.

There will, no doubt, be unscrupulous people on all sides of the political spectrum wanting to milk this tragedy for their own narrow purposes. There will be false information, rumours and exaggerations by those who wish to inflame a bad situation to gain mileage for their agendas. That is inevitable in a country that is still so divided.

I ask you, through all of this, to keep perspective. Two or ten or even twenty students behaving badly do not represent 30,000 students; a minority of violent and hateful persons do not represent the ideals, ambitions and commitments of the majority. At the same time, let us be realistic – anyone who thinks you can drive transformation without resistance clearly does not understand the difficult process of change.

The events of the week remind us, however, that we still have a long road to walk in deepening social and academic transformation at our university. Yes, we have invested hundreds of hours in training and mentorship; we have created new structures – such as the Institute for Reconciliation and Social Justice – to capture the energy and imagination of students driving transformation; we have created many opportunities for students to study and travel on this and other continents to enable cross-cultural learning; we have established formal and informal opportunities to dialogue about difficult issues on and off campus between students and their leaders; and we crafted new curricula to enable teaching and learning on the big questions of our times.

But this is clearly not enough, and so I have decided on the following immediate next steps:
  1. We will meet for several hours next week to think about how we can deepen the transformation of our university after this terrible incident.

  2. We will arrange a University Assembly on the events of the past week so that we speak with one voice on human wrongs and to re-commit to human rights and we will continue with open forum discussions during the months to come.

  3. We will review the entire spectrum of programmes, from orientation to residence life to the undergraduate curriculum, to determine how effective our interventions really are in reaching all students with respect to basic issues of human rights.

  4. We will review our media and communications strategy to determine how far and deep our messages on human rights travel across all sectors of the university community. In this regard it is important that the campus be blanketed on a regular basis with our condemnation of human wrongs and our commitment to human rights.

  5. We will commission the Institute for Reconciliation and Social Justice to review the events of the past week and make recommendations on how we can improve the campus environment so that all students are protected from harm inside residences, classrooms and in open spaces of the campus.

  6. We will take the questions raised during this week into the academic community and to the general staff of the university so that all personnel also engage with our own roles and responsibilities with respect to campus transformations.

  7. We undertake to make annual report-backs on transformation to all stakeholders in public forums so that students and staff and external communities can track the progress of the university on matters of human rights on campus.

I wish to thank my staff for acting firmly as soon as this tragic event came to our attention. We worked through the night to find and identify the perpetrators. We traced the two students and immediately handed them to the police. They were expelled. And throughout this process we offered counselling and support to the victim of this violent act.

The two former students were expelled and will now face justice in the criminal courts. It is hoped that in the course of time they will come to their senses and seek restoration and reconciliation with the student they so callously harmed. They are not part of the university community anymore.

That is the kind of university we are.

Jonathan D Jansen
Vice-Chancellor and Rector
University of the Free State
20 February 2014

 
Note: The use of the word ‘campus’ refers to all three campuses of the UFS, namely the Bloemfontein Campus, South Campus and Qwaqwa Campus.

 

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