BOOK REVIEW - CAN WE BE SAFE? THE FUTURE OF POLICING IN SOUTH AFRICA BY STUURMAN, Z

By Leon Du Plessis

TITLE:

Stuurman, Z. (2021). Can we be safe? The future of policing in South Africa. Cape Town, South Africa: Tafelberg.

[ISBN 978-0-624-09184-4] 

AUTHOR (as provided in the book):

Ziyanda Stuurman is a social science researcher based in Cape Town, South Africa. She is a recipient of both the Chevening and Fullbright scholarships and holds advanced degrees in Conflict, Security and Development Studies from Sussex University, and International Development from Brandeis University. 

REVIEW NOTES:

Point of departure

The author moves from the premise that poor Black, Coloured and Indian people are being discriminated against (yes, 30 years into democracy) by the police, court and prison system as a result of the legacy left by colonialism and white supremacy in particular. She describes the narrative from her own experience growing up in a township in the Western Cape Province of South Africa, and argues against the plight of the poor who are suffering at the hands of the criminal justice system. The poor Black, Coloured and Indian people, she argues, face racial profiling and discrimination at the hands of the police.

A transformation conundrum

The new South African Police Service Act (SAPS Act) which provided for the amalgamation of all the police agencies in the former South African political landscape, as well as former operatives of the military wings of the PAC and ANC, had as one of its objectives the demilitarisation of all of these forces and the establishment of a single SA Police Service (SAPS). The SAPS however, was not living up to the Freedom Charter and the poor Black, Coloured and Indian people fell prey to the legacy left by the apartheid police. Colonial practices and ways of policing were strongly embedded, and the new SAPS found it more convenient to continue along old lines. White supremacist capitalist interests were still being protected by a police who misused their powers to disgracefully oppress the poor. Police brutality and police corruption prevail and are the vehicles of interaction with communities, especially when acting on unrest and violence.

The much-anticipated reform of SAPS as a service which would interact with the people and respect everyone without prejudice of race, gender and socio-economic /political status, was not to be. Transformation has failed.

Aspects of a failed transformation

Several aspects of failed transformation are highlighted by the author. These are:

Poor political oversight, poor police management:

The National Commissioner and Minister (whoever of the several were in the respective chairs at different times) disappointed with their limited and short-sighted insight into policing; not only displaying poor leadership but also making public statements which fuelled its members to act with disrespect and disregard of human rights – the poor being the first to bear the brunt.

The sidelining of the National Crime Prevention Strategy (NCPS) by political heads advocating a ‘War against crime’, made police members believe that a human rights approach was a stumbling block, not understanding that ‘crime cannot be beaten out of society’.

Measuring the police’s functioning against the opening statement of the Freedom Charter “……that SA belongs to all who lives in it….; no government can justly claim authority unless it is based on the will of the people”, the author postulates that the poorer one is and the more melanin in one’s skin, the greater the chances one will be perceived and treated as a criminal. In short, it boils down to the criminalisation of poverty and income polarisation.

Damage done to the police and criminal justice system in the past decade is recognised. Culprits such as previous National Prosecuting Authority (NPA) heads Menzi Simelane, Juba and Abrahams as well as police commissioners Cele, Phiyega and Phahlane contributed to the public trust being eroded/diminished.

Divergence of theory and practice:

The author embarked on investigating some criminology theories. When the police and courts do not function as expected we view one another with suspicion and because crime is rampant, everyone is a stranger. This is especially true in cities where the police are what society needs to maintain peace between strangers. Police in SA have been rejected and are being reviled by the community as they do not place the needs of the community central to their work.

The alienation of the police within the community is a result of the police’s failure to regain its credibility as the legitimate police service. (Therefore, private security as replacement comes to mind - for those who can afford it). For those who cannot afford security, vigilantism and public violence become an option – often resulting in death and destruction.

In exploring the role and contribution of the NCPS, the roles and responsibilities of the various spheres of government and police structures in particular, the author found that not all office bearers knew their duties. The police are the cornerstone, but there is a lack of cross-cutting efforts beyond the police.

Flawed thinking about resources:

Closer to home, the author interrogated inequitable policing in her home town of Khayelitsha. The Khayelitsha Commission was not only a victory for the impoverished communities of Khayelitsha, but poor communities across SA. The SAPS and Minister Cele in particular at last conceded that their Resource Allocation Guide (RAG) was flawed. It highlighted the chronic and systematic issues that made policing problematic; politicizing the issue became problematic. The real victory lay in the acknowledgement that Black people, countrywide are being discriminated against in the allocation of police resources.

Flawed thinking about gangs:

The scourge of gangs, how poor young people are being sucked into its claws, and its detrimental effect on not only the community but families and relatives is something which touches the heart of the author.

The political value of criminal gangs, and the (intended?) consequence of policy.

Reasons why young men in particular find refuge in gangs are explored with high unemployment rates and growing feelings of exclusion and insecurity rated amongst the highest. This is followed by men’s feelings of isolation and frustration, and lack of opportunities to make money and provide for their family.

Politicians’ responses to this scourge are mainly for their image and different spheres of government do not deal with it in a comprehensive and coordinated response. Policing gangs is heavy-handed and militarised tactics are used. Large-scale operations are used as a tactic.

However, by arresting these young men and putting them behind bars, they are delivered to gangs in jail…

Fear of the police, fear of the criminal…

The author reiterates that the poor community are faced with a situation of fear of the criminals, and the police. Authoritarian and militarised policing in communities, she postulates, is a legacy of colonial and apartheid policing which leaves no one safer. This prompted the discussion on the use of the South African National Defence Force (SANDF) in gang-ridden areas in the Western Cape by politicians. This was done repeatedly. The establishment of anti-gang units became the hobby horses of politicians who bickered and accused one another of their failures to deal with gangs - all in an effort to claim credit for small wins (and reinforcing the political value of the gangs).

The author draws attention to a comparative study with Brazil: the study showed that involving the military in fighting violent drug and gang crimes, did not achieve the anticipated level of success. In all, she claims, the Chrysalis Academy in the Western Cape contributed much more with its holistic 5-year youth development programme.

Enter the Army.

The SANDF deployment unfortunately is always short-lived, as crimes return as soon as they leave. To put it in perspective, the remark by a citizen ‘There comes the army… there goes the army’.

Then, of course, military training does not equip soldiers for the task of community policing.

Brutal policing:

Protests, the author claims, either turn violent or are made violent by the presence of the police. She points out that when the people of Alexandra protested in their township, no police action was taken. Yet, when they protested in the neighbouring wealthy business centre, the protest was policed.

Discrimination against the poor reaches another level when the police are used by politicians and government officials to further the aims of the capitalist elites. The consequences of gentrification on cities and the people who live there, especially the poor and homeless can be detrimental. The not-haves are evicted from homes created by themselves and informal traders no longer have a livelihood.

She concluded the part about policing and shared some of her views by pointing out that racial profiling and harmful stereotypes of young, coloured men include the colour of their skin as well as how they live and dress. She also contends that those in the middle (and higher) income class distance themselves from the ‘people over there’, and what the police do to them. These include townships or rural parts of the country we only pass by. The people whose plight she understands.

She concludes that police officers find themselves in social isolation caused by a deep level of mistrust as a result of abuse and violence.

The criminal justice system does not serve the people:

Exploring the legal system in SA brought Stuurman to the conclusion that legislation brought to this country was deeply embedded in the current system. Apartheid legislation drew its legitimacy from the fact that it was state-sanctioned. She acknowledges the fact that a lot was done to reform the justice system. She draws on public perceptions about the court system and finds that the people believe that the court system works in favour of rich people. She also examines restorative justice and concludes that it may favour people who have financial means to ‘buy a settlement’.

She raises the importance of access to civil matters, saying that justice should also be found in civil matters, both between people and between people and the state. People are restricted in their attempts to put their problems before the court because of poverty and low levels of legal literacy and awareness of their rights.

The author provides a sound overview of the history of the prison system as run under apartheid and argues that she highlighted it to shatter any notion that prisons were built to deliver justice to victims, deterring criminals from committing future crimes and rehabilitation of offenders.

The coming of the Constitution and the Bill of Rights, brought about a sliver of reform as the Bill of Rights prescribed a fundamental paradigm shift in the philosophy of imprisonment and treatment of incarcerated persons. The system was demilitarised in 1998 which sent shockwaves through the system.

What to do?

Having deliberated extensively on the flaws of a dysfunctional criminal justice system (or the major part of it - the focus was mainly on police, justice and prisons) the author explores what has to be done and what it is that we have to change to save the situation.

She distinguishes between what the people can do and what the state can do, and qualifies the statement that the people actually decide what the state can (or should) do. Citing the poor and failed contribution of politicians and failed attempts by incompetent and some corrupt national commissioners, she concludes that only cogent policy and deliberate, continued structural progressive attempts will save the dire situation.

The overhaul of the SAPS Act 1995 to bring it in line with Constitutional court judgements, is in process. This alone, may not be enough, though. Referring to former British colonies (Nigeria and Kenya) that have transformed their police forces into more democratic institutions, the author is sceptical that the SAPS draft Amendment Bill in itself will be enough.

The author credits the role of activist groups such as Abahlali baseMjondolo (AbM) who campaign against illegal evictions of shack dwellers. Their actions aim to sever the ties between a corrupt government and police officers who abuse their authority. By doing so the community would be in a position to elect representatives who will promote their interests and deliver services.

Reflection

In the final analysis, the author reflects on the Freedom Charter and asks why SA has not lived up to the vision of a (criminal) justice system which serves and protects all not only a few.

This publication lays the foundation and makes a case for abolition. Abolition she believes is the fight for measures that reduce the power of an oppressive system, while illuminating the system’s inability to solve the crisis it creates. She substantiates her call for abolition by once again focusing on the major flaws in the police, courts and prisons. Decriminalisation of some crimes such as sex work and drug use are considered a pathway to abolition.

Responding to the questions she asked in the publication, of which the most prominent is ‘Can we be safe?’, she says “And we need to recognise the police service and system as we have it so that it no longer makes some of us unsafe, leaving us all worse off for it.”

General comments by the reviewer

The publication succeeded in creating a better understanding of the history of police, courts and prisons and brought it into context with the current state of affairs as we live in our troubled state. The author left no stone unturned to finger the culprits of the erosion of the criminal justice system, especially the politicians, office bearers and corrupt incompetent officials. Her plight for the acknowledgement of the poor, vulnerable homeless and workless people of this country at the hands of a flawed justice system does not go unnoticed. Abolition of the current criminal justice system may eventually be the only remedy for a rainbow nation.

The publication is presented in an easy reading style, and although qualifying as academic material, is presented in a fashion that allows interesting reading. It covers a wide spectrum of topics under one umbrella. The author made sure to cover all questions that may have risen during the discussion.

This book is most certainly fit to serve as prescribed academic material, and hopefully the leadership of this country will also read it.