scholarly journals A WATCHDOG WITHOUT TEETH? The Independent Complaints Directorate

2016 ◽  
Author(s):  
Johan Burger ◽  
Cyril Adonis
Keyword(s):  
South Africa ◽  
Disciplinary Action ◽  
Police Misconduct ◽  
Research Project ◽  
Police Custody ◽  
Police Service ◽  
Police Action ◽  
The Republic

The Independent Complaints Directorate (ICD) was established in 1997 to promote proper police conduct and to ensure a transformed police service in line with the spirit and purport of the Constitution of the Republic of South Africa. Concerns within the ICD that the police very often do not comply with their recommendations led to a joint ICD/ISS research project to investigate these concerns. The study eventually concludes that the ICD is relatively successful in cases of death in police custody or as a result of police action, but with regards to police misconduct and recommendations for disciplinary action, it is largely ignored by the police.

Establishment of an Independent Complaints Directorate in South Africa

1997 ◽  
Vol 41 (2) ◽  
pp. 248-248
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Police Custody ◽  
Police Service ◽  
South African Police Service ◽  
Statutory Duty ◽  
Police Action ◽  
South African Police ◽  
Criminal Conduct

In April 1997 the South African Independent Complaints Directorate (ICD) commenced operations. Its functions are: (a) to investigate complaints in respect of allegations of criminal conduct or misconduct committed by members of the police service; (b) to investigate complaints lodged by a provincial executive concerning any alleged misconduct of, or offence committed by, a member of the police service; (c) to investigate any matter referred to it by the Minister of Safety and Security or any member of die Executive Council. The ICD is under a statutory duty to investigate all occurrences of deadis in police custody or as a result of police action. The South African Police Service is obliged to report such deaths to the ICD, provide it with information and co-operate with it. Its contact details are as follows: Independent Complaints Directorate, Private Bag X941 Pretoria 0001, South Africa. Tel: (27) 12 325 4242, Fax: (27) 12 325 4246.

Safeguarding the Republic? The South African Police Service, Legitimacy and the Tribulations of Policing a Violent Democracy

2021 ◽  
Vol 56 (1) ◽  
pp. 92-108
Author(s):  
Guy Lamb
Keyword(s):  
South Africa ◽  
South African ◽  
Public Trust ◽  
The South ◽  
Police Service ◽  
South African Police Service ◽  
The Republic ◽  
South African Police ◽  
High Crime ◽  
Excessive Use Of Force

Since 1994 the South African Police Service (SAPS) has undertaken various efforts to build legitimacy in South Africa. Extensive community policing resources have been made available, and a hybrid community-oriented programme (sector policing) has been pursued. Nevertheless, public opinion data has shown that there are low levels of public trust in the police. Using Goldsmith’s framework of trust-diminishing police behaviours, this article suggests that indifference, a lack of professionalism, incompetence and corruption on the part of the police, particularly in high-crime areas, have eroded public trust in the SAPS. Furthermore, in an effort to maintain order, reduce crime and assert the authority of the state, the police have adopted militaristic strategies and practices, which have contributed to numerous cases of excessive use of force, which has consequently weakened police legitimacy in South Africa

scholarly journals Deaths due to police action and custody deaths: a persistent problem in Pretoria, South Africa

2020 ◽  
Author(s):  
Shimon Barit ◽  
Lorraine Du Toit-Prinsloo ◽  
Gert Saayman
Keyword(s):  
South Africa ◽  
Illicit Drug ◽  
Gunshot Wounds ◽  
Police Custody ◽  
Persistent Problem ◽  
Drug Intoxication ◽  
Excited Delirium ◽  
Large Numbers ◽  
Police Action ◽  
Deaths In Custody

In 2013, South Africa had the second highest rate of imprisonment in Africa. During the apartheid era, a substantial number of deaths in custody involved political detainees. However, two decades after the abolition of apartheid there continues to be a high number of deaths in custody and deaths due to police action. There is no internationally standardised classification for deaths which take place in custody and/or due to police action. For purposes of this study, we divided these cases broadly into two categories: firstly, deaths which took place as a result of police action as well as deaths of persons held in police custody, and secondly, deaths of inmates of correctional service facilities. We conducted a retrospective descriptive case audit at the Pretoria Medico-Legal Laboratory (PMLL) of all cases admitted as deaths as a result of police action, deaths in police custody and deaths in correctional service facilities during the five year period from January 2007 through December 2011. A total of 93 cases were identified, which included 48 deaths due to police action, 28 deaths in police custody and 17 deaths in correctional service custody. The majority of these deaths were due to gunshot wounds (n=48), and all of these occured due to police action. Hangings accounted for 17 cases, the majority of which happened in police holding cells. The study highlights the relatively large numbers of firearm fatalities related to police action. In contrast to similar studies elsewhere, we found no deaths due to phenomena such as excited delirium or deaths associated with illicit drug intoxication. We conclude that there is a need for objective, impartial and competent medico-legal investigation into deaths of this nature.

scholarly journals Considering the Glenister judgment: Independence requirements for anti-corruption institutions

2016 ◽  
Author(s):  
Melea Lewis ◽  
Philip Stenning
Keyword(s):  
South Africa ◽  
South African ◽  
The Political ◽  
The South ◽  
Police Service ◽  
Special Operations ◽  
Political Independence ◽  
Crime Investigation ◽  
Majority Judgment ◽  
The Republic

This article analyses the majority and minority positions in the Constitutional Court’s Glenister v President of the Republic of South Africa and Others decision. It will identify the main differences in approach to the issue of the political ‘independence’ of an investigative agency such as the Directorate for Priority Crime Investigation (the Hawks), and its predecessor, the Directorate of Special Operations (Scorpions). The article assesses what ‘room for manoeuvre’ in terms of possible legislation the majority judgment leaves to the South African parliament. The Court’s approach and these apparent requirements are compared with current provisions for political ‘independence’ of anti-corruption agencies in Australia and Indonesia, raising, in particular, an assessment of the arguments for and against (a) the need for an anti-corruption investigative agency to be separate from the ‘regular’ police and prosecution service; and (b) the proposition that an anti-corruption investigative agency requires a higher level of political independence than the ‘regular’ police service(s). It also looks at issues of cost and effectiveness in establishing and maintaining dedicated independent anti-corruption agencies.

Time and Latitude in South Africa

1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Astronomical Observations ◽  
Royal Observatory ◽  
The Republic ◽  
Astronomical Determination ◽  
Limited Accuracy ◽  
Better Than

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?

2018 ◽  
Vol 41 ◽  
pp. 57-63
Author(s):  
Thandekile Phulu
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Social Justice ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Labour Relations ◽  
Labour Practice ◽  
The Republic

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

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