South Africa

SAPS OP-ED

The police are not only failing to keep us safe, they are failing in almost every aspect of their duty

The police are not only failing to keep us safe, they are failing in almost every aspect of their duty
Police presence ahead of the 2023 State Of The Nation Address (SONA) at Parliament on 9 February 2023 in Cape Town, South Africa. (Photo: Gallo Images / Ziyaad Douglas)

Not only are the police themselves often responsible for violence and criminality, but since 2009, the previous five national police commissioners have all been sanctioned for criminal acts, including fraud, corruption, obstruction of justice, and even murder.

The SAPS is clearly not currently fit for purpose – it is failing in both crime prevention and detection. Despite commitments from the president to clean up and strengthen law enforcement institutions, there appears to be no real agenda for the reform of the SAPS.

This is not for lack of information – in fact, both government and civil society institutions have plenty of high-quality data, research and reform strategies at their fingertips. The need for wide-ranging and drastic reform of policing in South Africa has been very well articulated in recent public discourse.

What, then, is preventing the reform of this institution? This was one of the topics under discussion at a recent roundtable hosted by the Association of Former Directors-General and the Public Affairs Research Institute on the state of the criminal justice system.

The case for reform

The police’s record speaks for itself. Violent crime, and in particular murder, is not stabilising and is in fact getting demonstrably, measurably worse. There has been a 62% increase in murders and 32% increase in armed robberies since 2012.

Not only are the police failing to keep us safe, but they are failing to investigate and bring to account the perpetrators of these crimes; 86% of murder cases and 90% of robbery cases went unsolved last year.

A very small percentage of cases are even investigated and there is little to no evidence being collected on community-based crimes – in short, most police dockets are empty.

People cannot trust a police service that fails to keep them safe – and who are often themselves responsible for violence and criminality. According to the Human Sciences Research Council, as of last year just 27% of citizens had some trust in the police.

Not once during the past 23 years did more than half the adult public say that they trusted the police, but the conduct of the police over the last few years has brought trust levels to a new low. This further impedes the capabilities of the police, who cannot rely on the cooperation of the communities they are supposed to serve.

The SAPS has failed completely to use its own accountability mechanisms to address these problems. There seem to be no consequences for poor performance.

Internal discipline has all but collapsed. In an organisation of 190,000, notorious for widespread criminal activity, violence, and abuses of power committed, hardly any officers are ever held accountable through disciplinary processes.

The most likely outcome of a disciplinary hearing, where there has been investigation and there is prima facie evidence of wrongdoing, is a written warning; the least likely outcome is being dismissed.

By failing to use the available means to prevent crime in its own ranks, the SAPS is only falling further into dysfunction.

What is being done?

President Cyril Ramaphosa and various political leaders have emphasised the need to strengthen and reform law enforcement institutions, especially as part of the state’s response to State Capture. But the only concrete plans or proposals involve increasing the police budget and hiring more police officers. These plans bear little relevance to the real state of the police.

The police force employs almost 190,000 people. Since 2012, the budget of the police has grown by 72% from R58-billion to the current R108-billion, while police performance has simultaneously dramatically worsened, as demonstrated in the statistics above.

There is no evidence that hiring more personnel will do anything to improve the situation. Yet despite lip service paid to “capacity building” and “training”, we have seen no implementable reform strategy from the state – or, indeed, any will to take seriously the institutional failures of the SAPS and the legitimacy crisis it is currently facing.

Other law enforcement institutions have been more fortunate. The National Prosecuting Authority (NPA) has been at the centre of much of the national discussion with a highly publicised reform programme, starting with the implementation of a new, transparent appointment process for the National Director of Public Prosecutions (NDPP).

Binding constraints preventing change

Nothing substantial will change as long as the senior leadership of the SAPS remains untouched. The roundtable discussants agreed that this is a major priority and necessary prerequisite for broader institutional reforms.

This would mean substantial reform of appointment and dismissal processes, and real efforts to ensure that the SAPS leadership is held accountable for its failures.

The politicisation of the organisation has been well documented, as has persistent improper political interference at the highest levels, including at the level of national commissioner. South Africa has had six commissioners since 2009 – not one has lasted their entire term and all have had significant political connections to the president responsible for their appointment.

The previous five have all been sanctioned for criminal acts, including fraud, corruption, obstruction of justice, and even murder. For long stretches, the position has been held by an acting commissioner – which sidesteps appointment processes and compromises any independence the office might have.

In comparison with requirements for the NDPP, the existing legislative framework has minimal requirements for the appointment of the national commissioner of the SAPS.

The selection criteria for the national police commissioner is significantly less rigorous than for the lowest rank of constable. To fill the role the candidate only has to meet three criteria: be over 18, be a South African citizen, and have no criminal record or pending cases.

The national commissioner has significant powers of appointment, including appointing all provincial commissioners of SAPS, and can appoint or promote officers in the organisation without going through a selection process.

Reforming these appointment processes is critical for ensuring the organisation is functional and independent. In 2012, the NDP recommended an independent panel to appoint the national commissioners and deputy national commissioners following a transparent, merit-based process in order to address the “serial crises of top management” in the SAPS – but no moves have been made to turn this into a reality.

A necessary first step would be a comprehensive assessment of senior management. While some police leaders are experienced and skilled professionals, the senior echelon has been inflated due to automatic promotions and patronage-based appointments.

Many generals are themselves involved in criminal networks and corruption; many are protected by powerful politicians; many simply aren’t qualified for their positions.

The SAPS needs to determine how its top leaders were appointed and whether they have the necessary skills and abilities for their position. Appropriate steps should be taken to remove or redeploy people where necessary; these posts should be filled following a transparent and merit-based process.

The SAPS needs a concrete plan for improving its core capabilities, and particularly for ensuring it can keep up with the growth and increasing complexity of organised crime in South Africa.

Capabilities need to be built across the system, as law enforcement institutions are dependent on one another – the NPA cannot effectively prosecute crimes if SAPS does not have the ability to properly investigate them.

Accountability measures and internal discipline need to be assessed and prioritised. The organisation must regain and protect its independence from improper political interference, starting with its highest positions.

Institutional reforms to professionalise the police service are critical, and the support of the organisation’s leadership is necessary for any of them to succeed. DM

Devi Pillay is a researcher for the State Reform programme at the Public Affairs Research Institute in Johannesburg.

Gallery

Comments - Please in order to comment.

  • Hermann Funk says:

    We know that Ramaphosa, most of his ministers and large parts of the civil service are totally useless. Reporting about that will not induce any changes. Why not to focus on areas where we, the citizens, can start working towards positive change. This would be something worth writing about.

  • jcdville stormers says:

    Character ,with integrity, top class training,logistical backup,sound human management,merit as criteria.

  • jcdville stormers says:

    How bout they focus on syndicates, gangsters,get help from Fbi, CIA, Scotland Yard,he,he,he

  • Chris 123 says:

    Every top Policeman in the country has some corruption baggage. Most are unqualified for the job, party or personal loyalty seems to be the only criteria used, Fivaz was the last honest one we’ve had. Oh dear was he white?

  • Matsobane Monama says:

    It’s true that the SAPS is facing serious challenges especially in leadership, skills and most importantly politicisation of the police force. Sweeping statements about failures of the SAPS without considering some of the factors outside their control is not helpful and most is dishonest. I hv friends and extended family members who are educated, skilled, hard working and dedicated to their craft for many years. The high crime rate and high numbers of cases per investigative officer make it almost impossible handle this work load. We are the most unequal country in the world, what does this mean in practical terms for us as a nation. I suggest reading of the book: Why equality is good for everyone. More than 10 yrs of research by 2 British Anthropologists, why are different countries the way they are, from simple things like high teenage pregnancies and high unemployment rate. Developed and developing countries. We all know the consequences of US gun laws. We want normality in a dysfunctional country.
    It’s not just about the last 30 yrs as others would like us to believe.

    • Andrew Blaine says:

      But has the situation improved over the period, as we were promised? If not, why not?

      • Matsobane Monama says:

        All i am asking is to look @ a broader picture. I am not making any excuses for government failure, far from it.

        • Helen Lachenicht says:

          Thank you for the book reference Matsobane, I will buy and read it. I am heartbroken about our country, had such high hopes…

    • Rod H MacLeod says:

      When a fish rots, the head stinks first. Matsobane, the SAPS does indeed have good officers. But they are few, and with time themselves become demotivated by the ineptitude and corruption surrounding them. And if they do fight against that, they get overlooked for promotion, ostracised, and in extreme cases killed. Please don’t kid yourself that it’s OK to have this level of policing because of what happened before these last 30 years, or because we’re a “developing” country, or because the US has silly gun laws – we are here because our government is weak, and we are harvesting 30 years of cadre deployment in SAPS.

    • Johann Olivier says:

      We are in the unfortunate position where the good and honest cops – the best and the brightest – are being assassinated with seeming impunity. How horrific was the killing of Charl Kinnear, after his protection was lifted. WTH?

  • Jane Crankshaw says:

    If one is led by the example of those that lead, it is very easy to see why our police force/ army and security service has failed! Nothing more to be said.

  • Glyn Fogell says:

    R58 billion to R108 billion is just over 86% increase amd not 72%.

    Without a president with a spine and the political will to deal with the entrenched tolerance of poor performance and promotion of cronies then nothing will change. We can only hope that the winds of change will blow in 2024

  • Confucious Says says:

    But if they didn’t have criminal sanctions, they would not be qualified for the anc!!!!!

  • Hilary Morris says:

    This has to be one of the most depressing articles in a long time – and competition for the most depressing is strong. We need look no further than the minister and the president for an explanation. We absolutely HAVE to get rid of the ANC before any change can be expected.

  • Ian Wallace Wallace says:

    Please write an article that informs the public as to practical steps to take when faced with crime.

    We know the police are dysfunctional, we know the government is dysfunctional but what do we do when faced with a criminal situation what are the best steps to take in a dysfunctional society?

    This article simply states the obvious.

  • Kanu Sukha says:

    When the head of our state is beholden to an international criminal like Putin … and appoints a person with a founded history of being involved in an irregular police property transaction, as head of police (why we will probably never know), what do you expect ? CR the ‘reformer’ of a criminal syndicate … dream on !

Please peer review 3 community comments before your comment can be posted

X

This article is free to read.

Sign up for free or sign in to continue reading.

Unlike our competitors, we don’t force you to pay to read the news but we do need your email address to make your experience better.


Nearly there! Create a password to finish signing up with us:

Please enter your password or get a sign in link if you’ve forgotten

Open Sesame! Thanks for signing up.

We would like our readers to start paying for Daily Maverick...

…but we are not going to force you to. Over 10 million users come to us each month for the news. We have not put it behind a paywall because the truth should not be a luxury.

Instead we ask our readers who can afford to contribute, even a small amount each month, to do so.

If you appreciate it and want to see us keep going then please consider contributing whatever you can.

Support Daily Maverick→
Payment options