Khayelitsha Commission: Difference between revisions
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In testimony before the Commission, it was revealed that only 23.46% of cases reported to the Harare Police Station in Khayelitsha go to court, and only 3.38% of those cases resulted in a conviction.<ref name="DMcops2014">{{cite web | url=http://www.dailymaverick.co.za/article/2014-04-03-khayelitsha-commission-more-than-cops-exposed/ | title=Khayelitsha Commission: More than cops exposed | publisher=Daily Maverick | date=3 April 2014 | accessdate=7 April 2014 | last=Davis |first=Rebecca}}</ref> It was not uncommon for a Khayelitsha based police detective to be responsible for and investigate over one hundred cases at one time. The police station in Harare section of Khayelitsha often carried over as many as 2,300 unresolved cases with a detective-to-citizen ration of 1:2,626 whilst the ratio in more affluent communities such as [[Sea Point, Cape Town|Sea Point]] was 1:435.<ref name="GroundupWhippingBoys" /> |
In testimony before the Commission, it was revealed that only 23.46% of cases reported to the Harare Police Station in Khayelitsha go to court, and only 3.38% of those cases resulted in a conviction.<ref name="DMcops2014">{{cite web | url=http://www.dailymaverick.co.za/article/2014-04-03-khayelitsha-commission-more-than-cops-exposed/ | title=Khayelitsha Commission: More than cops exposed | publisher=Daily Maverick | date=3 April 2014 | accessdate=7 April 2014 | last=Davis |first=Rebecca}}</ref> It was not uncommon for a Khayelitsha based police detective to be responsible for and investigate over one hundred cases at one time. The police station in Harare section of Khayelitsha often carried over as many as 2,300 unresolved cases with a detective-to-citizen ration of 1:2,626 whilst the ratio in more affluent communities such as [[Sea Point, Cape Town|Sea Point]] was 1:435.<ref name="GroundupWhippingBoys" /> |
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During testimony given by Provincial Police Commissioner [[Arno Lamoer]] on the situation of the police in Khayelitsha he stated that there "something fundamentally irrational" about the way in which police resources were allocated by the national head office. It was pointed out that the police undervalued certain important variables that impact police performance such as adequate street-lighting, road infrastructure, formal housing, water and sanitation access. Although Khayelitsha has one of the highest crime rates of any area in South Africa |
During testimony given by Provincial Police Commissioner [[Arno Lamoer]] on the situation of the police in Khayelitsha he stated that there "something fundamentally irrational" about the way in which police resources were allocated by the national head office. It was pointed out that the police undervalued certain important variables that impact police performance such as adequate street-lighting, road infrastructure, formal housing, water and sanitation access. Although Khayelitsha has one of the highest crime rates of any area in South Africa, the police in the area are generally lower-ranked, poorly equipped, few in number, and under-qualified.<ref name="GroundupWhippingBoys" /> |
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== References == |
== References == |
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Revision as of 11:24, 25 April 2014
The Khayelitsha Commission, also known as the O'Regan/Pikoli Commission, is a commission of inquiry appointed by Premier of the Western Cape Helen Zille to investigate allegations of police inefficiency in Khayelitsha and the breakdown in relations between the Khayelitsha community and the police. The commissioners are former Constitutional Court Justice Kate O'Regan and former National Director of Public Prosecutions Vusi Pikoli.
Background
(5) In order to perform the functions set out in subsection (3), a province
a. may investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community; and
b. must make recommendations to the Cabinet member responsible for policing.
- Section 206 of the Constitution of South Africa[1]
From 2003 to 2012 community-based organisations in Khayelitsha have held over 100 demonstrations, pickets, marches, and submitted numerous petitions and memorandums to various levels of government to improve the situation.[2]
In January 2012 the Social Justice Coalition (SJC) lodged a formal complaint with the Western Cape Government detailing the accusations of SAPS's failures providing basic policing services to the people of Khayelitsha. The complaint pointed out that reported instances of serious crimes such as murder and attempted murder had increased greatly since 2009 and that most property crimes are not reported due to a lack of trust by the community in the police. Between 2001 and 2009 the number of criminal cases opened against the police increased by 363%. It also included a number of detailed case studies illustrating serious systemic failures in the functioning of the criminal justice system that led to a loss of public trust in the police.[2]
Allegations levelled against the South African Police Service (SAPS) included:
- Discourteous and contemptuous treatment of crime victims.
- Police dockets are often lost resulting in cases being struck off court rolls.
- Consistently unprofessional and/or incomplete investigation procedures.
- Lack of communication between investigating officers and crime victims on the status of cases and legal proceedings.
- Investigating officers routinely do not secure the presence of witnesses at trials resulting in lengthy postponements.
- Lack of protection for witnesses to serious crimes.
- Insufficient visible policing in the area.[2]
The SJC's complaint called for Premier of the Western Cape Helen Zille to use her constitutional powers to appoint a commission of inquiry. National politics also played a role as the Western Cape province was governed by the Democratic Alliance whilst the national government (which has control over the police) was ruled by the African National Congress.
In August 2012 the Premier established the Commission in terms of section 206(5) of the national constitution in response to complaints from various NGOs. NGOs primarily involved were the Social Justice Coalition, Equal Education, Free Gender, Ndifuna Ukwazi, the Treatment Action Campaign, the Triangle Project and the Women's Legal Centre. The commission was delayed for over a year due to legal action taken by the Minister of Police.[3]
Legal challenge and delay
In repose to Zille's appointment of the commission, national Minister of Police Nathi Mthethwa filed an application in the Western Cape High Court for an interdict to suspend the inquiry.[4] Mthethwa's counsel argued that the inquiry's terms of reference were vague and the Premier was not entitled to appoint a commission of inquiry with powers of subpoena over the South African Police Service. The case went to the Constitutional Court, which held unanimously that the Premier's decision to establish the commission was constitutional.[5] Deputy Chief Justice Dikgang Moseneke wrote that the "the Premier is obliged to take reasonable steps to shield the residents of Khayelitsha from an unrelenting invasion of their fundamental rights because of continued police inefficiency in combating crime and the breakdown of relations between the police and the community."[6]
Proceedings
In August 2012 the Commission opened offices in Khayelitsha, inviting members of the public to make statements regarding the policing situation in Khayelitsha. Once the legal challenges were resolved, the Commission began public hearings on 23 January in a community hall in Khayelitsha. The first phase of hearings, investigating the allegations of police inefficiency and the breakdown in community relations, ended on 1 April.[7] The second phase, which will hear evidence from policing experts to help the commission make recommendations, will be held from 12 to 16 May.[8] The deadline for the Commission to submit its report is 11 July 2014.
Evidence presented during the first phase
The detective does some very good work, messes up on some things, and then you say "I'm just not going to discipline that detective"; because although technically in terms of every SAPS rule I ought to, it would be unreasonable of me to treat that detective that way.
From 2003 to 2012 community-based organisations in Khayelitsha have held over 100 demonstrations, pickets, marches, and submitted numerous petitions and memorandums to various levels of government to improve the situation.[2]
In testimony before the Commission, it was revealed that only 23.46% of cases reported to the Harare Police Station in Khayelitsha go to court, and only 3.38% of those cases resulted in a conviction.[7] It was not uncommon for a Khayelitsha based police detective to be responsible for and investigate over one hundred cases at one time. The police station in Harare section of Khayelitsha often carried over as many as 2,300 unresolved cases with a detective-to-citizen ration of 1:2,626 whilst the ratio in more affluent communities such as Sea Point was 1:435.[9]
During testimony given by Provincial Police Commissioner Arno Lamoer on the situation of the police in Khayelitsha he stated that there "something fundamentally irrational" about the way in which police resources were allocated by the national head office. It was pointed out that the police undervalued certain important variables that impact police performance such as adequate street-lighting, road infrastructure, formal housing, water and sanitation access. Although Khayelitsha has one of the highest crime rates of any area in South Africa, the police in the area are generally lower-ranked, poorly equipped, few in number, and under-qualified.[9]
References
- ^ "Constitution of South Africa" (PDF). Government of South Africa. 1996. Retrieved 9 April 2014.
- ^ a b c d Newham, Gareth (27 July 2012). "Growing Calls for Inquiries Into Policing in South Africa". Institute for Security Studies. Retrieved 7 April 2014.
- ^ Armstrong, Adam (20 January 2014). "The Commission of Inquiry into policing in Khayelitsha starts today. Here's a quick and simple guide to it". Daily Maverick. Retrieved 9 April 2014.
- ^ Minister of Police and Others v Premier of the Western Cape and Others Case No. 21600/12 (14 January 2013), Western Cape High Court (South Africa)
- ^ "Zille wins Khayelitsha inquiry case". South African Press Association. 1 October 2013. Retrieved 7 April 2014.
- ^ Minister of Police and Others v Premier of the Western Cape and Others [2013] ZACC 33, 2013 (12) BCLR 1365 (CC), 2014 (1) SA 1 (CC) (1 October 2013), Constitutional Court (South Africa)
- ^ a b Davis, Rebecca (3 April 2014). "Khayelitsha Commission: More than cops exposed". Daily Maverick. Retrieved 7 April 2014.
- ^ "Key Dates". Khayelitsha Commission. Retrieved 20 April 2014.
- ^ a b c "'We are the whipping boys' – Khayelitsha cops". Ground Up. 23 April 2014. Retrieved 25 April 2014.