THE ROLE OF THE POLICE IN THE TRANSITIONAL PERIOD
INTRODUCTION
In addressing the question of the role of the police, in particular that of the senior officer, in the transition period, I shall move from the supposition that, so far as the maintenance of law and order, whatever the political changes may occur in South Africa, they will revolve around two fundamental principles. The first being that the foundation stones of any democratic society are a democratically elected parliament to enact the laws, an independent judicial system to interpret those laws and an equally independent, but yet accountable police service to enforce those laws.
The second is that a police force should be apolitical, wholly accountable to the law; a servant of and not the masters of the community and accountable to it through established provisions. Many arguments may arise as to what and how this is to be effected as it shall be noted that the organisation I belong to has its own version.
South Africa is in the process of transformation from an oppressive state to a democracy, a process that is complicated and is likely to experience many problems.
During this period of transition the SAP is one of the most central institutions and is capable of sabotaging the process by deed or inaction. On the other hand, it is the SAP and the Bantustan police forces that are charged with policing the political transformation of our country and guaranteeing the stable consolidation of what may be a fragile transition to democracy.
In all cases it is the democratic governments that are now striving to transform their countries' police forces to those espoused by the communities they serve. The SAP, on the other hand, has the misfortune of having to transform to an ideal force to secure the transition of the whole country to democracy. It is in the anomalous situation of a baby having to mother a parent. The task becomes even more difficult because this police force is in serious crisis.
HISTORY OF THE SAP
From formation the SAP was designed as an instrument to achieve political goals. The crisis that it presently finds itself is direct result of its function under apartheid and its exclusive control by the Nationalist Party. The legacy of apartheid has distorted and destroyed the image of the force.
It is the force most marked and damaged by apartheid than any other institution in South Africa. This is because it was in the forefront in enforcing apartheid laws. As a result of its role it has assumed the character of a centralised, para-military formation with a hierarchical and secretive line of command designed to suppress the oppressed.
Training as reflected by its mode of operation, like that of a military formation, is aimed at the application of maximum force, subsequently, to cause maximum damage. This may not appear in scripts guiding its mode of operation but becomes obvious in its actions. The sweeping power conferred it over the years has insulated it form public inquiry. This culture developed over the years built within it a sense of false invincibility as reflected by its recent inabilities.
It is, however, the assertion of the ANC that apartheid not the SAP is the enemy of human dignity and democracy. This does not, however, mean that the SAP leadership can be absolved. It is now their task of overcoming their past however difficult this may be.
POLICE COMMUNITY RELATIONS
Whilst there is little or nothing to complain about in the relationship between the police and the white population where the role of the police was pure protective and crime preventing and not political, the opposite was true with the black population.
As having noted that the police have been caught up between an unpopular abhorrent political policy and the persons upon whom this policy was enforced, that they were required to play a leading role in the maintenance of apartheid, it would be an understatement to say that there is lack of mutual trust in the relations between the two.
The police are now unable to play a protective role because of lack of community co-operation in this regard. People are reluctant to report cases as they have no confidence in the police. Potential witnesses refuse to come forth.
The handling of violence by police has done little to upgrade its image. The force that has for years boasted of being invincible and having the "best" in the world units of crime prevention is now unable to apprehend perpetrators of violence. The complaints that go unheeded by police in black townships, e.g. the occupation of houses by opposed groups in the conflict that ravages the area, further diminishes the little trust people might have had in the police. Mere investigation of these and other complaints is not done. The police are themselves now and then accused of complicity in the violence ravaging the black townships.
Whilst people in black communities have displayed willingness to trust and cooperate with the police though peace structures etc. the police on their part have not been effective in solving crime and stopping violence in the townships. Their response to these attempts have been short sighted and they have in turn wanted to change the gestures to a relationship where the community plays an informant role.
The police has in turn has displayed a defensive and hostile attitude to these criticism, become self congratulatory and asserted its pre-eminent security role above the right for the public to know.
The points tabulated above clearly indicate the great transformation to be effected in the SAP for it to be able to improve its image in the eyes of the black community.
REFORMING THE POLICE
"Community policing" is not a concept formulated by South Africans particularly for the South African Police. It is a concept in line with international thinking. The philosophy surrounding it is not new but is grounded in the very original principles expounded by Sir Robert Peel.
Community Policing has a number of elements that the ANC also agree with and has included in its policy document. These include at least the following elements:
MEASURES OF REFORMING THE POLICES
The following factors are key to the transformation of the SAP:
Internal Democracy Accountability Demilitarisation Decentralisation of the Command structure Non Racialism and non-sexism Affirmative action Fair Recruitment and Promotion Retraining
Demilitarisation of police structures rankings and uniforms and equipment can be accomplished with a minimum of disruption. Such a process would send an important signal bot to the police and the community as to the new vision nature of the policing function.
The racial control of the SAP command must be altered. at the moment all 54 (less 13) police generals are white. A programme of affirmative action needs to be introduced. The integration of bantustan officers and the appointment of outsiders both at officer level and at lower levels could be a place to start. The police have been denied the talents and resources of many in the black community who have balked at the process of joining the police force for so long as it performs its current function. These people could be integrated at all levels of the police force.
Introduction of complaint mechanism and an investigation unit under the control of a civilian who enjoys the trust and confidence of all sectors of the community. Its proceedings and performance to be open to public scrutiny. Present SAP attempts at establishing such a unit does not have the desired effect because its manning is outside the scrutiny of the public and political stakeholders.
The must be an immediate redirection of police training to educate trainees in more effective investigative techniques and technical skills, in the use of alternatives to violence in solving problems and more generally on the importance of human rights and democratic values both now and in the future.
There need to be new recruitment and promotion criteria so as to reward those professional policemen who have adapted to new values in policing. Disciplining errant policemen is just a small part in promoting a new police culture. A more effective method would be to provide positive incentives to those who understand the principles of accountability and the need to build community relations.
Until the power to promote is removed from those who are hostile to the new approach, police responsiveness is unlikely to improve.
Police should be politically non partisan in the performance of their duties. This does not deny them the right to join political parties or trade unions of their choice but to place limits on their political profiles and involvement.
The SA government should immediately address the proliferation of policing agencies in SA, many of them under the control of the Bantustans. Such agencies in the future run the risk of becoming private armies. Such allegations have been directed at some Police formations. South Africa, now and in the long term will require a single overriding police authority capable of providing uniform standards, adequate professional training, the necessary technical resources and informational data required by a modern police agency. However, local and regional structure of accountability influenced discipline, involving popular representatives can and must compliment the overall structure of police control. The exact nature of these local and regional structures will, however have to wait until further progress is made in our constitutional negotiations.
All the above measures must be introduced together with a mission statement by the South African Police which indicates the primacy of the new values. Those who are opposed to the new values or are opposed to the process of transition itself can clearly not be trusted with the task of policing the transition. They should be required to find employment in other institutions.
The question remains whether the SAP and its member can make the transition to a New South Africa. The ANC believes that this choice lies with the SAP itself. It should be mentioned that case studies from other countries, such as Spain indicate that authoritarian and oppressive police forces have adapted to a new and democratic climate. This process is not an easy one. We would like to believe that there are a number of policemen and women who are faithful or would be faithful to the ideal of a professional impartial policing in a democratic society. Indeed such police officers, white and especially black, have an interest in creating an environment where policing is a respected popular profession and in which their genuine sacrifices are properly appreciated, in which they are no longer reviled. Indeed the possibility of a democrats South Africa opens up an opportunity for a rewarding career in the police, it offers a challenge to the police force itself to develop creative new models of policing. The ANC welcomes all police officers who would serve in such a police force. The ANC is on record as opposing any campaign to assassinate policemen and women. First this would be against our present policy of reconciliation. Secondly we fear such actions may encourage the police to close ranks around the lowest common denominator of the existing police culture.
It may well be that as the democratisation of process in our country unfolds, many policemen and women may resign from the force. This is so because the original motivation behind enlistment and membership of the SAP may disappear for those who cannot and will not work in a democratic and non racial environment. Of course, we cannot offer reassurances to policemen or women who refuse to support the transition to democracy or to police in accordance with the values of democracy.
Those values reflect nothing more than the first principles, the fundamental values of any professional force. But those who will run the course - strive in a difficult environment to police according to proper professional standards South Africa needs you.