OPINION: The implementation of the National Development Plan policing policies is overdue, including de-militarisation, improved training and, of crucial importance, an independent oversight board — but the political appetite appears lacking, writes Mary De Haas.

South Africans need no reminder that, despite minor fluctuations in violent crime statistics, levels remain abnormally high.

Perpetrators range from large syndicate operators to individuals abusing partners and children. These crime patterns continue because of our malfunctioning criminal justice system and the social conditions that fuel gangsterism.

Poverty does not necessarily breed crime, but it facilitates the recruitment of unemployed people to run drugs and operate as hitmen for wealthy syndicates, including taxi operators. Starting with urgent policing and gun control, there are policies and actions which could easily be implemented, but only time will tell if there is a political will to do so.

The prevalence of extortion syndicates, including construction mafias, has been in the spotlight this year, but various types of extortion have been prevalent for years. The wilful failure of law enforcement to act has allowed mafias to break the law with impunity.

Rampant lawlessness in Camperdown is but one example and is believed to be linked to similar operations elsewhere. In this area, near Pietermaritzburg, land and housing syndicates have been invading private and restitution trust land for years, despite three high court interdicts having been obtained to stop them.

Tactics include threats by openly armed men (a recent picture shows a man with a rifle allegedly obtained from a security company), and even abductions to intimidate owners and occupiers. Part of the area was earmarked for the new city airport, which would have brought development and jobs. It has been halted by syndicate operations.

Had there been any will on the part of SAPS management, these activities could have been nipped in the bud. Even now, proper crime intelligence, well-trained detectives and prosecutors, and the deployment of suitably equipped Operational Response Service members could have stopped these criminal activities.

However, none of that has happened. The National Intervention Unit is operating with an irregularly constituted political killings team (which is not their mandate) It is not even known if the province has maintained its water cannons.

In the interpersonal sphere, horrifying levels of gender-based violence and rape, including of children, continue unabated. Key contributing factors are known, but are not addressed.

No constructive interventions were made to deal with the emotional trauma done by the carnage of the recent past, nor to strengthen family life seriously damaged by decades of migrancy and influx control, especially as too many children lack caring and supportive male role models. If children grow up experiencing abuse as the norm they will perpetrate it.

The Department of Social Development is largely dysfunctional; although there are exceptions, too many social workers are poorly trained and lack an understanding of the best interests of children.

Too many victims never experience justice, and even family courts may let children down.

Making matters worse, sexual predators prey on female employees with impunity, including in the SAPS and Department of Justice.

The Ministry of Police is to blame for allowing the gun problem to escalate. Hundreds of guns disappear from police custody annually and managers are not held accountable.

Similarly, the extremely poor regulation of the private security industry, where there is a proliferation of high-calibre weapons, poses a serious threat to public safety.

Urgent action, including an audit of all security company weapons (some operate with registration), and gun shops – including ammunition sales – is called for.

While there are good members of all ranks, the SAPS is in a state of crisis from years of politicisation and nepotism, and corruption and incompetence are widespread among top management members.

The national heads of Crime Intelligence, the Secret Service Fund, and Legal Services appointed by Minister Cele, lack qualifications and experience for their jobs.

Crime Intelligence services are largely dysfunctional (and given its politicisation during the Zuma years, the State Security Agency poses a potential security threat because President Ramaphosa has not yet signed into law crucial legislation restoring civilian oversight to the agency).

Complaints have been made to the Minister and Parliament about the actions of an irregularly constituted political killings team led by the head of Crime Intelligence, which has been targeting good police members whose investigations have identified criminals linked to politicians.

In collusion with a prosecutor, its members stand accused of lying to courts to hold four police members, facing malicious charges, without bail for years.

The National Prosecuting Authority, too, is in crisis mode.

A good starting point in cleaning out the Augean police stables would be lifestyle audits and qualifications verifications for all senior SAPS management members, and the immediate establishment of a judicial oversight body for the SAPS, Hawks and IPID (another can of worms, with the President having signed legislation in contempt of a Concourt Order).

The implementation of the National Development Plan policing policies is overdue, including de-militarisation, improved training and, of crucial importance, an independent oversight board — but the political appetite appears lacking.

* Mary de Haas is a violence monitor in KZN, a honorary Research Fellow at the University of KZN’s School of Law and a member of the Navi Pillay Research Group on justice and human rights.

** The views in this article do not necessarily represent the views of IOL or Independent Media.

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Dysfunctional criminal justice system tearing a nation apart