scholarly journals Community policing and stock theft in selected rural areas of the Mpumalanga province of South Africa

2021 ◽  
Vol 24 ◽  
pp. 667-678
Author(s):  
Sandile Clement Masuku ◽  
Hendrick Puleng Motlalekgosi
Keyword(s):  
South Africa ◽  
South African ◽  
Rural Areas ◽  
Research Approach ◽  
Contributing Factors ◽  
Mpumalanga Province ◽  
South African Police Service ◽  
Local Municipality ◽  
South African Police ◽  
The Right

A slight decrease in stock theft in many provinces in South Africa must be commended irrespective of the reasons behind the decrease because it is a step in the right direction. However, an increase in stock theft in the Mpumalanga province of South Africa is a cause for concern and must be handled with urgency. This paper examines the extent to which the community is involved in the fight against stock theft in the rural areas of the Mpumalanga province of South Africa. The study employed a qualitative research approach that used semi-structured in-depth interviews to collect data. The sample consisted of 22 participants selected through purposive sampling, who included farmers, herdsmen, Community Police Forum members, and community leaders. The study found that the community in the rural areas of Mpumalanga is not involved in the fight against stock theft and that this could mainly be attributed to the poor relationship between the South African Police Service and the community. It was also found that poverty and unemployment are the main contributing factors to increased stock theft in the rural areas of the Dr Pixley Ka Isaka Seme Local Municipality in Mpumalanga. 

scholarly journals Perspectives on Stock Theft Prevention in the Selected Provinces of South Africa: Failures and Successes

2021 ◽  
Vol 10 ◽  
pp. 1029-1038
Author(s):  
Witness Maluleke ◽  
Keyword(s):  
South Africa ◽  
South African ◽  
Research Approach ◽  
Group Discussions ◽  
South African Police Service ◽  
Preventative Measures ◽  
Kwazulu Natal ◽  
South African Police ◽  
Data Collections ◽  
The Relationship

Residents of Limpopo (LIM) and KwaZulu-Natal (KZN) Province are witnessing higher rates of stock theft, with the inhabitants of the selected communities living in fear for the prevention of this scourge. This study explores the extent of this crime in the selected areas of LIM and KZN, considering contributory factors, determining the relationship between the South African Police Service Stock Theft Units (SAPS STUs) and other relevant stakeholders, as well as looking at existing strategies (And their failures and successes) in responding to this crime effectively. A qualitative research approach coupled with Non-probability: Purposive sampling was used in this study. The targeted population consisted of 113 participants. For data collections, Focus Group Discussions (FGDs), Key Informant Interviews (KIIs), and Observation Schedules were adopted. lack of appropriate preventative measures has led to rise of stock theft, it was, therefore, discovered that both the affected livestock farmers and members of the community lost confidence toward the police, Besides, the perspectives on stock theft prevention in LIM and KZN reflect a greater challenge, with inadequate solutions present, since the current preventative measures are ineffective. Thus, understanding stock theft phenomenon is critical to its prevention as the sector of livestock in South Africa is the contributory key to the value of the agricultural economy.

scholarly journals The Use of Force in Effecting Arrest in South Africa and the 2010 Bill: a Step in the Right Direction

2017 ◽  
Vol 14 (1) ◽  
pp. 137
Author(s):  
Tharien Van der Walt
Keyword(s):  
South Africa ◽  
South African ◽  
Use Of Force ◽  
Constitutional Court ◽  
The South ◽  
South African Police Service ◽  
International Policies ◽  
The Supreme Court ◽  
South African Police ◽  
The Right

In South Africa the use of force in effecting arrest is statutorily governed by section 49 of the Criminal Procedure Act 51 of 1977.  The inception of the Constitution brought about a dramatic change in South African law in this regard.  During 2001 and 2002 the two highest courts in the country had to decide on the constitutionality of sections 49(1) and 49(2) respectively.  The Supreme Court of Appeal in Govender v Minister of Safety and Security 2001 2 SACR 197 (SCA)  did not declare section 49(1) unconstitutional but found it had to be interpreted restrictively ("read down") to survive constitutional scrutiny.  The Constitutional Court on the other hand confirmed the unconstitutionality of section 49(2) in S v Walters 2002 2 SACR 105 (CC) and the section was declared invalid.  By then (as early as 1998) the legislature had already promulgated an amendment to section 49, but the amendment came into operation only in 2003 after section 49 had undergone intensive constitutional scrutiny.  Legal scholars and others raised serious objections against the amendment – some were even of the opinion that it created a "right to flee" and that the rights of perpetrators were protected to the detriment of law-abiding citizens.  The Department of Justice and Constitutional Development in 2010 drafted an Amendment Bill which was subsequently approved in Parliament.  This paper discusses and concludes on: the developments over the last years in the South African law with regard to the use of force in effecting arrest by the South African Police Service (SAPS); international policies and guidelines of the police in this regard; and the application of the provisions of the Amendment Bill in practice and the possible pitfalls in the application of the latter. 

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 Total Quality Management (TQM): A Catalyst for Service Delivery in the South African Police Service

2014 ◽  
Vol 2 (4) ◽  
pp. 5
Author(s):  
Michael Reddy
Keyword(s):  
South Africa ◽  
South African ◽  
Total Quality ◽  
South Africans ◽  
South African Police Service ◽  
War Zone ◽  
Constitutional Right ◽  
South African Police ◽  
Social And Cultural Factors ◽  
Policy Solutions

September 2014 marked the release of the 2013/14 crime statistics in South Africa by the National Commissioner of the SAPS and the Minister of Police. Does a sense of safety and security fill the atmosphere? Do most South Africans, investors, and tourists alike believe that the crime rate in South Africa is reflective of a war zone and that South Africa is in a quagmire that engenders irretrievable damage to the lives of the citizenry and the economy? It is accepted that crime is a conflation of a number of economic, social and cultural factors; hence as a reviewable point, can the SAPS ensure the development of unassailable and perpetual policy solutions, underpinned with the highest quality that provides a guarantee of the citizen’s basic constitutional right to freedom and life. This article reviews literature on TQM and extrapolates lessons learnt to the practical functioning of the SAPS with a view to provide a myriad of TQM principles that may be considered by SAPS Management; this could serve as a catalyst for an improved policing service in South Africa.

Companies convicted of economic crimes and their participation in government tender processes in South Africa: A comment on Namasthethu electrical (PTY) LTD v City of Cape Town and another (201/19) [2020] ZASCA 74 (29 JUNE 2020)

2021 ◽  
Vol 8 (1) ◽  
pp. 102-122
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
South Africa ◽  
South African ◽  
Public Procurement ◽  
Cape Town ◽  
African Countries ◽  
The Public ◽  
South African Police Service ◽  
The Government ◽  
South African Police ◽  
Economic Crimes

In South Africa, persons or companies convicted of fraud or corruption or companies whose directors have been convicted are debarred from participating in bidding for government tenders. Although it is easy to establish whether or not a natural person has been convicted of an offence, because a certificate can be obtained from the South African Police Service to that effect, it is the opposite with juristic persons. This issue came up in the case of Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another in which the appellant company was awarded a government tender although the company and its former director had been convicted of fraud and corruption. The purpose of this article is to analyse this judgment and show the challenges that the government is faced with when dealing with companies that have been convicted of offences that bid for government tenders. Because South Africa is in the process of enacting public procurement legislation, the Public Procurement Bill was published for comment in early 2020. One of the issues addressed in the Bill relates to debarring bidders who have been convicted of some offences from bidding for government tenders. Based on the facts of this case and legislation from other African countries, the author suggests ways in which the provisions of the Bill could be strengthened to address this issue.

scholarly journals The implementation and impact of crime prevention / crime control open street Closed-Circuit Television surveillance in South African Central Business Districts

2002 ◽  
Vol 4 (3) ◽  
Author(s):  
Anthony Minnaar
Keyword(s):  
South Africa ◽  
Crime Prevention ◽  
South African ◽  
Crime Control ◽  
Street Crime ◽  
Surveillance Systems ◽  
South African Police Service ◽  
Central Business Districts ◽  
Cctv Surveillance ◽  
South African Police

The use and implementation of public open street Closed Circuit Television (CCTV) surveillance systems in Central Business Districts (CBDs) in South Africa solely for the purpose of crime control (reducing street crime) or crime prevention (deterrence) has in South Africa been a relatively new intervention within the broader context of crime prevention programmes. One of the drawbacks to its implementation for this purpose has been its costs and the inability of the South African Police Service to fund such implementation in the light of other more pressing priorities and demands on its finances and resources. However, the initiative to start implementing and linking CCTV surveillance systems in CBDs in the major metropolitan cities of South Africa to local police services was taken in the mid-1990s by Business Against Crime of South Africa (BACSA). This article, using case study overviews from four South African CBD areas (Cape Town, Johannesburg, Pretoria (Tshwane) and Durban), traces CCTV use as crime control or prevention surveillance, how they were implemented, the rationale behind their implementation and the operationalising of them in terms of preventing street crime and its uses in other surveillance. In addition it also looks at this initiative from the perspective of the growth and commercialisation of the management of these services, and the co-operation and co-ordination structures in partnership with the South African Police Service (SAPS). Furthermore, it reviews the purported impact on the reduction of crime of these systems in CBDs and finally the application of public crime surveillance by the CCTV control room operators (private security) in co-operation with the police (response team) and the role it plays in the observation, recording, arrest and conviction of suspects.

scholarly journals Addressing Xenophobia in the Equality Courts of South Africa

Refuge ◽  
2013 ◽  
pp. 107-116
Author(s):  
Justin De Jager
Keyword(s):  
South Africa ◽  
South African ◽  
South African Society ◽  
Police Services ◽  
Refugee Law ◽  
Fundamental Value ◽  
South African Police ◽  
The Right ◽  
University Of Cape Town ◽  
The University

South African society bears a legacy of inequality and struggle against oppression. In the Constitutional era, our courts have held that the right to equality is a core fundamental value against which all law and state practice must be tested. South Africa’s Equality Courts have been heralded as a transformative mechanism for the redressing of systemic inequality and the promotion of the right to equality. Following the aftermath of the 2008 xenophobic attacks in South Africa, the University of Cape Town Refugee Law Clinic, on behalf of some of the victims of these attacks, launched equality claims against the South African Police Services in order to address the unfair discrimination and xenophobia of police officials in protecting these victims. This paper reviews the two matters launched by the Clinic in the Equality Courts, examining the challenges that effectively reduce the accessibility of the Equality Courts and the difficulty inherent in proving discrimination in equality claims, and commenting on the benefits of using these courts to address xenophobia.

scholarly journals Enabling the enabler: Using access to information to ensure the right to peaceful protest

2017 ◽  
pp. 51-62 ◽  
Author(s):  
Tsangadzaome Alexander Mukumba ◽  
Imraan Abdullah
Keyword(s):  
South African ◽  
Relevant Information ◽  
Access To Information ◽  
The South ◽  
South African Police Service ◽  
South African Police ◽  
The Right ◽  
Right Of Access ◽  
Responsible Person

The Regulation of Gatherings Act (RGA) places strict guidelines on how to exercise the right to protest, with particular emphasis on the submission of a notice of gathering to the responsible person within a municipality in terms of sections 2(4) and 3 of the Act. However, municipalities do not proactively make the notice of gathering templates available for public use (or may not have these at all), and often do not publicise the details of the designated responsible person. To test municipalities’ compliance with the RGA, the Legal Resources Centre (LRC) enlisted the help of the South African History Archive (SAHA) to submit a series of Promotion of Access to Information Act (PAIA) requests to every municipality in South Africa. PAIA requests were also submitted to the South African Police Service (SAPS) for records relating to public order policing. The initiative aimed to provide these templates and related documents to interested parties as an open source resource on the protestinfo.org.za website. The results of these efforts show that compliance with the RGA is uneven. This article explores the flaws in the regulatory environment that have led to this level of apathy within government, despite the crucial role of the right to protest and the right of access to information as enabling rights in our constitutional democracy. An analysis of the full PAIA request dataset shows the extent of government’s resistance to facilitating these enabling rights, and provides insights into remedial interventions. The article concludes with a series of recommendations, which centre on statutory reforms to the RGA and PAIA to ensure appropriate sanction for non-compliance by government, proactive disclosure of relevant information, and emergency provisions allowing curtailed procedural requirements. The intention of the proposed amendments is to minimise the possibility that these fundamental, enabling rights might be frustrated.

scholarly journals PREVENTION IS BETTER THAN CURE: Addressing violent crime in South Africa

2006 ◽  
Author(s):  
Sibusiso Masuku
Keyword(s):  
Risk Factors ◽  
South Africa ◽  
South African ◽  
Violent Crime ◽  
The South ◽  
Police Service ◽  
Factors Associated ◽  
South African Police Service ◽  
South African Police ◽  
Better Than

South Africa’s high levels of violent crime have a significant effect on people’s lives. A review of the trends and risk factors associated with violent crime begs the question about who should be leading the effort to prevent violence? The South African Police Service currently has this responsibility – but is this appropriate? And which other departments should be playing a greater role?

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