So Close Yet So Far: Perspectives on the South African Police Service’s Response to Murder Cases in the Wallacedene Policing Area

The aim of this study was to determine views of the South African Police Service’s (SAPS) response to murder cases in the Wallacedene policing area; the contributing factors that lead to the failure of the police to prosecute offenders; the effectiveness of strategies to reduce murder-related incidents in the study area; the contributing factors to murder in the Wallacedene policing area; and to make recommendations to improve the conviction rate. Twenty-five participants were selected for this study. A qualitative approach was used, with semi-structured interviews as the data-collection tool. The findings highlighted that there is a lack of partnership between SAPS detectives and the community. The contributing factors for the police to fail prosecuting offenders. Reasons for the current problem include inexperienced detectives and lack of resources. In order to increase the performance of the detectives and the first responders to the scene, the research explored the challenges encountered by the SAPS detectives and makes suggestions and recommendations to increase their efficiency.

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

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.

Evaluating the Nature and Extent of Burglary at Residential Premises in Namakgale Policing Area, South Africa

The main objective of this paper was to explore the nature and extent of burglary at residential grounds in the Namakgale policing area, after realisation of higher manifestations and uncontrollable nature of this crime. This paper utilised a qualitative research approach, supported by the phenomenological research design. Altogether, 30 participants were purposively selected from diverse target groups, which consists of the South African Police Service Detectives, uniform police officers, Community Policing Forum (CPF) members and managers, Community Leaders and Faith-based organisation leaders, and local community members. The objectives of the paper were realised by the use of one-on-one semi-structured interviews for data collection, and thematic analysis, in order to analyse the gathered data. Research findings of this paper revealed that the current strategies of traditional policing, such as a) foot patrolling offered by the selected stakeholders, and b) the vehicle patrolling rendered by the local SAPS members, are deemed to be ineffective. There is an increase in the number of burglaries at residential premises at Namakgale policing area, and the reported cases tend to be often unsolved. There are constant complaints made by community members about burglary in their premises. It is also established that security systems can play an essential role in deterring the commission of this crime and the failing trust within the community members and the local SAPS should be rebuilding. This empirical research paper recommends that Namakgale community, local SAPS and other relevant stakeholders should clearly understand the Modus Operandi (MO) used in the commission of this ordeal crime. The understanding of the MO would serve as a detail-rich information and subsequently influence strategies, on how to effectively respond to this crime.

WRONGFUL ARREST: A BRIEF SURVEY OF THE IMPACT OF THE CONSTITUTION IN RECENT CASE LAW

In recent times there has been a proliferation of press reports about ordinary, law-abiding citizens who suffered the indignity and inconvenience of a wrongful (unlawful) arrest at the hands of officers of the South African Police Service or Metro Police Services. According to the most recent of these reports, this increase in the incidence of wrongful arrests have even resulted in deliberations between members of the Law Society of the Northern Provinces and the top management of the SAPS, in which the latter undertook to pay special attention to the training of police officers in order to better the present state of affairs. It is not far-fetched to describe thepresent situation on the ground in respect of wrongful arrests as epidemic. In recent interviews with attorneys who have been representing clients in wrongful arrest claims against the Minister of Safety and Security, the present writer was told about certain standard practices regarding arrests: it would seem that it is a favourite practice among certain police officials to arrest suspects on a Friday, or even a Thursday afternoon, in order to prolong the normal 48-hour maximum period of detention before bringing an arrestee before court. Furthermore, metro police spokespersons often announce, at the beginning of some road-safety drive or crack-down on traffic offenders, that certain types of offenders will, without exception, be arrested. The worst recent example recounted to the author of lamentable conduct in this context on the part of a high-ranking police official concerns an order issued on a Friday afternoon in which the officers under his command were ordered to endeavour arresting more persons of a specific ethnic group, seeing that the weekend population of the police cells under his command did not reflect the demographics of his jurisdiction!

UNLAWFUL ARREST AND UNLAWFUL DETENTION: SEPARATE GROUNDS OF ACTION AND PUNITIVE DAMAGES Mvu v Minister of Safety and Security 2009 6 SA 82 (GSJ)

In Mvu v Minister of Safety and Security the plaintiff, an inspector in the South African Police Service was arrested without a warrant for malicious damage to property (his 15-year old daughters’ cellphones). It transpired that the plaintiff, while on police business in Gauteng, visited his daughters. He became enraged when he discovered that they had received cellphones by way of a “love relationship”, whereupon he took the cellphones and threw them to the ground, seriously damaging them. The daughters went to apolice station and laid a charge against the plaintiff for malicious damage to property. The police officer seized with the matter telephoned the plaintiff who immediately travelled to meet him. Upon arrival he arrested the plaintiff and imprisoned him overnight with six other men and set him free the following afternoon on warning. When the matter eventually came to court, the plaintiff was discharged at the end of the state’s case.

SOUTH AFRICAN POLICE SERVICE CAPACITY TO RESPOND TO CYBERCRIME: CHALLENGES AND POTENTIALS

The growing threat of cybercrime poses significant challenges for police organizations. Due to the sophisticated methods used to commit cybercrime, the implementation and investigation of cybercrime have become more demanding and time-consuming. For the police to successfully investigate and punish acts of crime, it is necessary to know and understand the operations of the perpetrators. A qualitative research approach utilizing purposive sampling was adopted to explore the capacity of policing cybercrime in the study area. The findings collected through semi-structured interviews with eight key informants comprising of South African Police Service (SAPS) Crime Intelligence Unit officials suggest that there is a limited cybercrime investigative expertise within the specialized investigation units, coupled with the cyber-elements that are part of almost every traditional crime investigation today, has caused a significant increase in the workload of cybercrime investigative units. The study also found a lack of corporation amongst relevant role-players to boost internal cybercrime investigative resources, resulting in capacity challenges in keeping up with the workload. In addition, as the study showed, the lack of a clear legal framework makes it difficult to investigate and prosecute crimes committed with the Internet, as the authorities are forced to rely on the Criminal Procedure Law. The recommendations are presented as a potential step to developing educational packages and awareness programs to provide at-risk groups with effective mechanisms to protect themselves from cybercrime.

Human rights and the policing of disorder in South Africa: challenges and future directions

Unarguably, the South African Police during the apartheid era was characterised by brutality and state repression, including the political executions of several South African citizens who dared oppose the apartheid regime. The post-apartheid era has also witnessed deaths of citizens at the hands of the police during demonstrations, demanding better service delivery, higher wages, improved working conditions, and an end to marginalisation and poverty. The author presents some cases of police human rights violations concerning policing citizen’s protests. This is a qualitative study, relying on extensive literature review by previous researchers. The findings of this study are: The South Africa Police Service continues to violate citizen's right to protest, which is enshrined in the Republic of South Africa’s constitution under chapter 2 “Bill of Rights” and other international legal jurisprudence. The South African police have failed to perform their duties professionally and effectively when it comes to policing protests. Crown management remains an elusive issue both during the apartheid and post-apartheid eras. The author recommends a demilitarization of the police consistent with the South African government policy recommendation, found in the National Development Plan 2030.

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

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.

'Black like Me': A Critical Analysis of Arrest Practices Based on Skin Color in the Gauteng Province, South Africa

Objective: This article looks at the everyday life and realities of current practices employed by the South African Police Service (SAPS) officials, by shedding light on the experiences and practices on profiling search and effecting arrest based on race and skin color in the Gauteng Province. Particularly, this article examines the experiences of the SAPS officials to measure police perception of the skin color of foreign nationals, and to establish if wrongful arrests were linked to skin color stereotyping. Methods: The theoretical approach employed the social identity theory (SIT) was used to interpret the results. A survey questionnaire consisting of the New Immigration Survey (NIS) Skin Color Scale with 10 shades of skin color mapped to a pictorial guide, as well as a self-report measure on wrongful arrests, was administered to 80 SAPS officials, who performed visible policing duties. The research sample consisted of two SAPS groups from two different contexts, namely township and urban contexts. The Statistical Package for the Social Sciences (SPSS) software was used to conduct Pearson's correlation and comparative analyses. Results: The results showed that the SAPS officials stereotyped foreign nationals as dark-skinned. The skin color stereotype was, however, not correlated to wrongful arrests. The study concluded that although respondents perceived that South Africans were distinguishable from foreign nationals based on skin color or tone, identification processes were not influenced by this stereotype belief.