Beyond Good Cop/Bad Cop: Future-proofing South Africa’s police service

Are South Africans getting the police that they deserve? This was at the heart of the discussions held at a round table yesterday, looking at building a police service in line with the country’s driving-development strategy, the National Development Plan.

On 1^st April, the Wits Justice Project, together with Wits Public Safety Programme at the Wits School of Governance, hosted “Beyond Good Cop/Bad Cop: Future-proofing South Africa’s police service,” the first installment in the “Justice for Breakfast Round table” discussion series for 2015.

The Justice for Breakfast series aims to foster open, face-to-face interactions in confidential environment, in an effort to understand some of the key challenges in the criminal justice system as well as finding possible solutions to those issues. In attendance yesterday were representatives from various organizations, including Amnesty International, the Helen Suzman Foundation, the RAITH foundation, local and national government departments, the Judicial Inspectorate for Correctional Services, the South Africa Human Rights Commission and Institute for Security Studies (ISS), delegates from the Swiss Embassy and the European Union.

Participants having breakfast while at Justice for Breakfast round table discussions.

This discussion focused on the future of South African Police Services’ (SAPS) training and ability to police in the communities that they serve – in light of Vision 2030. The National Development Plan (NDP) offers a long-term perspective to government’s plan. It defines a desired target and identifies the role different sectors of society need to play in reaching that goal. Outcomes three of the NDP states with the objective of all South Africans being and feeling safe: and provides for detailed areas of work and responsibilities, which falls in the mandate set out for SAPS in the NDP.

Col. Dale Hynd from SAPS’ Human Resources Directorate kicked off the discussion by giving an overview of the Basic Training Programme for all new recruits. The training is being revised to be in line with the NDP and to professionalise the police services, enabling officers to help maintain safe communities.

Col. Hynd reminded the participants that the reality for SAPS officers is that they work in a violent society. Police training, therefore, has to take into account how to react in a dangerous situation. Although officers are given training on Constitutional and ethical principles, being able to apply these principles when facing life-threatening or violent circumstances is sometimes very difficult.

Police have to complete six modules of the Basic Training Programme which include the following modules:

• Orientation to SAPS
• Law
• Community Service Centre
• Crime Investigation
• Crime Prevention
• Street Survival

A proportion of the training time is spent at the police academy and some time in real-life training at police stations. After the training is completed, the trainees complete integrated assessment tests before they are deemed to be qualified.

Col. Hynd said that the SAPS is currently engaging with stakeholders in its review process, asking for input into what its training programme should contain.

Catherine Moat (Head: Public Safety Programme at Wits School of Governance) and Nooshin Erfani-Ghadimi (Project Coordinator at Wits Justice Project) welcomed those in attendance and introduced the first series of Justice for Breakfast 2015.

Some attendees observed that SAPS should carry out meaningful background checks on new recruits; find ways to ensure that new recruits are not picking up bad practices from the station component of their training; and to remove officers who are not fit.

Others inquired as to whether cyber security was being tackled by SAPS; whether militarization was heading into the wrong direction; and whether SAPS was being used to target the poor. Everyone agreed that community trust was an issue.

In terms of the working conditions of officers, discussions centered on the psychological and emotional stress that police officers face, both from within the SAPS and from hostile communities where they work. Participants agreed that officers should feel supported in carrying out their tasks and that both individuals and communities bear a responsibility for ensuring that this is so.

One participant raised the point that civil society needs to work on preparing safe communities – and not expecting the SAPS to prevent crime on its own. SAPS cannot be expected to fix social problems such as violence, domestic violence, or corruption, as these would have to be dealt with through education, healthcare, and social welfare.

Another discussant said that each individual bears the responsibility of obeying laws and upholding the rule of law, especially through not offering bribes.

Previous Justice for Breakfasts 

Justice for Breakfast: Reflections on the complexities of policing in South Africa today

Justice for Breakfast Round table Discussions

Anthology of the Justice for Breakfast Round table Debates 2012 and 2013

Read more about policing in previous articles by the Wits Justice Project (WJP):

The state of policing in South Africa (info-graphics), May 24, 2013

Articles from Sophiatown team investigation in 2014 

Drug dealers, corrupt cops and the one man who cares

The police also live here…

‘Justice’ is neither swift nor just for Prisoner A

PRISONER A, a paraplegic awaiting-trial detainee. (Photo: supplied)

(Click here to see this article as it appeared in Business Day, 1 March 2013)

ANTON HARBER

WE CAN pontificate about whether Oscar Pistorius gets special treatment in our courts, or whether his access to wealth and influence gets him a better quality of justice. Or we can listen to the story of another disabled accused, Prisoner A, a real person whose identity I have to protect because he is at the mercy of the same justice system as Pistorius.

Prisoner A has been in custody awaiting trial for more than two years. He is charged with fraud, a nonviolent crime, and should have got bail. His co-accused are out on bail. But he never applied because he did not have the money.

He is a paraplegic, injured in a shooting accident some years ago. He does not have a wheelchair in prison. He has crutches, but has to throw each leg forward with his arms. He cannot control his bladder, so he has to wear a nappy. He eats only once a day because he cannot get to the kitchen and other prisoners are forbidden from bringing him his food. He shares a cell designed for 32 people with 87 others, 12 sleeping on two double bunks pushed together, others sleeping on foam on the floor, including in the communal toilet area. Because of his condition, he has his own single bed.

The cell is a breeding ground for further medical problems. There are eight to 10 men in it with tuberculosis (TB) and one who has multidrug-resistant TB sleeping on the bunk above him.

Because he is in prison and unable to present himself for examination, his disability grant — which paid for his seven-year-old daughter’s schooling — has stopped. The prison social worker will not help him get it renewed because he is awaiting trial — it is only done for sentenced prisoners.

There is no permanent doctor in his prison and a converted cell with single beds serves as the sick room. The last time he needed medical attention, it took a week to get it. And even if a doctor prescribes medicine, he can seldom get it because it just isn’t available.

His wife visited him last week, the first time since 2011 because the prison is far from his home and it cost her R1,500 for transport. She brought food, nappies and medicine. She was only allowed to give him the nappies and when he complained, the visit was cut to just three minutes.

“I’m in constant pain. Sleep is the only escape. I’ve only seen a doctor here once, in September last year, and he prescribed medical shoes for me. I’m still waiting,” he says. Prisoner A was found and interviewed by Carolyn Raphaely of the Wits Justice Project, which investigates, reports on and campaigns for improvements in our justice system, particularly the conditions of awaiting-trial detainees. There are 46,000 of them, living in grossly overcrowded conditions, often worse than those of prisoners found guilty and already serving their sentences.”

When I heard Prisoner A’s story, I thought the media would grab it as a sidebar to the Pistorius case. It presented a rare chance to highlight the conditions and treatment of awaiting-trial prisoners. It was a pity we could not name him or the prison he was in, but he was nervous that the prison authorities would punish him for telling his story. But there was no doubting the authenticity of his story.

We offered Prisoner A’s tale, told in his own voice, to a daily newspaper. They did not have the space. We offered it to a major Sunday paper, and they were not interested. The Saturday Star ran it and, although they buried it far inside the paper, the WJP has had a number of offers of help for Prisoner A as a result.

I don’t want to beat around the bush. The courts should have given Prisoner A bail of R1 and the magistrate or prosecutor should have paid it and got him out. The Department of Correctional Services should have been given the power to give him medical parole and this is a case where it should be used. The doctors who visited the prison should have acted, as should the social workers.

Pistorius’s spin doctors should take on this case and Pistorius, or his friend and former prisoner, Kenny Kunene, should pay. Prisoner A needs it more than Pistorius does.

The media should cover it the way they covered Pistorius: endlessly, relentlessly and exhaustively. Throw out the ponderous pieces on the quality of Pistorius’s justice and take up Prisoner A’s case, which says everything we need to say about our justice system. Then there might be hope for justice for those who do not have the same resources, support and attention of someone such as Pistorius.

• Harber is Caxton Professor of Journalism at Wits University. The WJP operates from his department.

Bringing the law to the people: The role of community paralegals in our country

Community paralegals have assisted many people in Sierra Leone. (Photo: Timap for Justice)

By Thandeka Kathi, Legal Intern at the Wits Justice Project

The marginalized people in society rarely have access to justice because they face many impediments, such as lack of knowledge of the law. When they do know their rights, they cannot afford the services of a lawyer. When lawyers are available pro bono they are usually out of reach, because their offices are based in the cities.

This is a flaw in our legal system. On one hand we have a legal system which boasts one of the best constitutions in the world. But on the other hand we have people who do not have access to legal remedies.

This is where community-based paralegals can help, especially in rural settings.

I recently attended a Justice for Breakfast event on the role of community-based paralegals, held by the Wits Justice Project and the Wits Graduate School for Public and Development Management. Before this event, I did not know that this branch of paralegals existed. I thought that paralegals worked in law firms and banks to help attorneys with legal research and so forth.

I learned that there is no agreed-upon definition of what a community-based paralegal is. According to the World Bank “Definitions vary, but roughly a community-based paralegal is a person trained in law and the workings of government who employs tools like education, mediation, advocacy, and organizing to address instances of injustice”.  Therefore, a community-based paralegal is more than a legal assistant. At the roundtable there was much debate as to whether a common definition of the term “community paralegal” is needed or if we leave it as it is because a broad definition gives the community access to individuals who possess a variety of skills.

While I acknowledge the importance of community-based paralegals and the positive impact they have, especially in rural communities, I am also concerned about the negative impact they might have.

The law is a complicated machine that has to be operated with the utmost care. I am fearful that people who have not received training in the law can give legal advice. My concerns were echoed by Ruby Matthys, who represented the Association of Regional Magistrates of Southern Africa. She warned that the community is vulnerable to people who may not be qualified to give legal advice and who are not held accountable for the advice that they give.

The regulation of paralegals is essential to ensure that the community is protected. The second draft of the Legal Practice Bill does not include the regulation of paralegals. The Law Society of South Africa, in its submissions about the Legal Practice Bill lists the exclusion of community-based paralegals from the Bill as positive. I do not understand why this is viewed as positive because leaving community-based paralegals unregulated makes communities vulnerable to unqualified people posing as community-based paralegals.

In my opinion, community-based paralegals should be regulated because they play a vital role in bringing justice to the people. In the words of one roundtable participant, “Community-based paralegals can be traced to the 1980s. They are resilient and are not going anywhere”. Therefore they should be regulated like all other professions.

Community paralegals may improve access to justice in SA

Community paralegals have proved successful in other African countries, such as Sierra Leone. (Photo: Timap for Justice)

(Published in the Saturday Star, 16 February 2013)

HAZEL MEDA

RICHARD “BRICKS” MOKOLO has been a community activist since the 1980s. In those days he fought the apartheid government, demanding it recognise the human rights of all South Africans. But he says his fight is not over.

“After the new dispensation, there are other challenges,” says Mokolo, the Paralegal Coordinator at the Orange Farm Human Rights Advice Centre.

Mokolo believes one of those challenges is access to justice, which is a constitutional right but not a reality for the economically-disadvantaged residents of Orange Farm. Many do not have the money to travel 30 kilometres to the nearest court, which is in Vereeniging, or to pay for private lawyers.

A wide cross-section of stakeholders in the criminal justice system discussed the role of community paralegals like Mokolo at a “Justice for Breakfast” event at Wits University’s Graduate School for Public and Development Management (P&DM) on Wednesday 13 February. The gathering was organised by P&DM and the Wits Justice Project.

Representatives of the Department of Justice, Legal Aid SA, the Law Society of South Africa, the National Alliance for the Development of Community Advice Offices (NADCAO) and other civil society organisations debated the pros and cons of community paralegals.

Robyn Leslie, a researcher at the Wits Justice Project highlighted the successful use of paralegals in other African countries. In Malawi paralegals have assisted hundreds of thousands of people, Leslie said.

Some audience members said community paralegals have an important role to play in alternative dispute resolution, which might relieve the caseload in South Africa’s overburdened courts.

Mokolo said the Orange Farm paralegals provide mediation in domestic violence and unfair dismissal cases.

Ivan Evans of the National Institute for Crime Prevention and Rehabilitation of Offenders (Nicro) said paralegals could help reduce overcrowding in remand centres, by doing something as simple as helping awaiting-trial detainees to contact relatives, who could then provide bail money.

A number of participants in the breakfast dialogue raised concerns about the lack of clarity in the definition and role of paralegals in South Africa, the need for reliable training, and the fact that paralegal activities appear to be unregulated.

The problem of people masquerading as paralegals while charging the public for their services was also highlighted.

Mokolo says he and his colleagues refer people to organisations like the Wits Law Clinic and the Legal Resource Centre where they can consult lawyers for free.

“We are not saying to the people we are lawyers. We are opening doors for them to meet the lawyers.”

Another point of debate was whether community paralegals should be paid professionals or volunteers.

Winnie Kubayi of NADCAO said the work done by community paralegals is time-consuming and that they should be paid for it, adding that a salary and continuous training help to motivate the paralegals. She said her organisation’s salaried paralegals have been providing services to rural communities in KwaZulu-Natal since 1997, with no staff turnover.

Mokolo says the Orange Farm paralegals are volunteers who do the work because of their commitment to community activism.

Nooshin Erfani-Ghadimi, the coordinator of the Wits Justice Project responded to calls for further studies on the issue of paralegals in this country.

“We hope to produce research on the socio-economic and financial benefits of introducing community paralegals into South Africa’s criminal justice system at critical nodes like courts and police stations,” she said.

*Hazel Meda is a member of the Wits Justice Project, which investigates miscarriages of justice.

Torture said to be widespread in South Africa

Many people who report torture don’t see any result, says Dominique DIx-Peek of the Centre for the Study of Violence and Reconciliation (Photo: venitism.blogspot.com)

In “The Hidden world of torture”, Thalia Holmes of the Mail & Guardian writes that torture has not been confined to South Africa’s apartheid past and that it continues to be a problem today. Holmes speaks to poor South Africans who say they have been tortured by police officers. Her article also discusses the alleged use of more sophisticated torture techniques which leave no physical marks on victims, the under-reporting of torture, and the obstacles which prevent victims of low socio-economic status from getting justice.

Read more and watch interviews with people who claim to have been tortured.

Have you been tortured by state officials such as police or prison warders? Let us know. The Wits Justice Project investigates such abuses and miscarriages of justice.