The Independent Police Investigative Directorate (IPID) is investigating three killings allegedly committed by the police during the Covid-19 lockdown. Videos show members of the police and SANDF assaulting people and subjecting them to physical punishment for allegedly defying regulations. Cops have been seen indiscriminately firing rubber bullets at people on the streets.

President Cyril Ramaphosa has told authorities their role during the lockdown, which started on 27 March 2020, is “to support, reassure and to comfort our people” and that it’s not the time for “skop en donner”, but reports of violence meted out by the security forces, particularly in inner cities and townships, have raised questions over whether they are able to fulfil the president’s vision.

At least 21 complaints have been laid with the police watchdog IPID since the start of the lockdown, while one case has been laid with the Military Ombudsman.

DA MP Kobus Marais lodged the complaint with the Military Ombudsman after seeing “disgusting” videos of soldiers humiliating people who allegedly transgressed regulations.

Military Ombudsman spokesperson Nthombikayise Mdluli Jacha said IPID had referred an alleged case of assault in Polokwane to the institution but it was referred back to IPID after it was found to involve police rather than SANDF members.

Amnesty International South Africa executive director Shenilla Mohamed called on authorities to act within the law.

“They should adopt an educational approach, rather than force, to sensitise anyone who is not complying with the rules of the lockdown. And they should treat everyone equally, whether in a township or the suburbs. Everyone is equal under the law.”

The SA Human Rights Commission (SAHRC) said it was “aware of and is disturbed by footage circulating via social media”.

The Chapter 9 institution said “it reminds members of law enforcement, both the SAPS and the SANDF, that the fundamental human rights of everyone in South Africa, such as freedom and security of the person and the right to life, remain intact, even under lockdown conditions which have limited other rights”.

SAPS is leading the SANDF and metro police units in enforcing the lockdown.

“Professionalism” has long been a buzzword in policing policy. Experts say it hasn’t translated into a cultural change within the institution.

“It’s an organisation that has basically been treading water for the last 20 years,” said independent policing expert David Bruce.

He said most policing policies, whether efforts to remilitarise SAPS under former commissioner Bheki Cele, who’s now minister, or professionalisation in the wake of the Marikana Massacre have largely been superficial.

Gareth Newham, head of governance, crime and justice at the Institute of Security Studies, said there has been a deterioration of professionalism and general policing over the last seven years, despite SAPS continuing to receive above-inflation increases to its budget.

Newham said the proportion of resolved murder and robbery cases has continued to fall and court-ordered payouts against SAPS for unlawful behaviour and misconduct have increased in recent years.

He said courts ordered SAPS to pay around R500-million in payouts to complainants last year, up from about R340-million the previous year.

“This has increased dramatically,” he said.

At the same time, the number of disciplinary hearings against SAPS members have declined. Newham said around 6,000 disciplinary hearings were held five years ago but that dropped to about 2,000 in the last couple of years. The majority of disciplinary hearings against officers are withdrawn.

Asked about reports of violence committed by SAPS during the lockdown, Cele was quoted on Wednesday saying, “All these cases you are raising are being investigated by the IPID.”

There are allegations, however, that IPID has manipulated its statistics in recent years.

Newham said 95% of complaints to IPID have no outcomes or consequences for officers involved, while 4% lead to disciplinary hearings and 1% lead to convictions.

“They can basically act how they want. The chances of [SAPS members] being fired are basically zero or very small,” said Newham.

Past Victims of Crime Surveys, compiled by Statistics South Africa, suggest many people are not reporting crimes such as street robbery and theft of personal property and may lack confidence in the police.

Now the police are on the streets en masse with the SANDF to enforce the lockdown and State of Disaster, which limits certain rights.

As the SANDF primarily operates outside of SA’s borders, the large majority of complaints to the Military Ombudsman come from members or former members complaining about their conditions of service rather than members of the public complaining about members’ conduct.

Military Ombudsman spokesperson Mdluli Jacha said upon receiving a complaint from the public, the institution looks into it and refers it to the chief of the SANDF, who must inform the ombudsman of the action taken.

The ombudsman and complainant must be satisfied with the action and if not the ombudsman can refer it back to the SANDF. Unlike IPID, the Military Ombudsman does not refer matters to the NPA as the SANDF has its own military court system.

While the SAPS’s performance and accountability mechanisms available to hold authorities accountable might leave much to be desired, experts said the lockdown could be used as an opportunity.

Newham said the government and its agencies should show allegations are investigated promptly, with disciplinary processes fast-tracked and transparent. That could help build public trust and show support for SAPS members who are committed to upholding the law.

He called on Cele and Police Commissioner Khehla Sitole to use the lockdown, and the cases of abuse reported thus far, to inspire a new belief in accountability and transparency in the SAPS.

Bruce said the government is facing a dilemma on how to ensure social distancing and lockdown compliance and whether to enforce the regulations through the police or public mobilisation and engagement or a combination of both.

“They’ve almost taken the hard-headed approach to the whole thing. I guess the question is, are there reasonable alternatives?” asked Bruce. DM