Commentary on Human Rights and Policing in South Africa

There is a general outcry from the South Africans that the police are not doing their job properly or the way they are supposed to. This has been a complaint for decades. In this article I will briefly analyse the situation by providing practical examples of the complaints from the community about the police. This article will also touch on the International instruments and provide recommendations.

The ineffectiveness and inefficiency of the police service in South Africa can be attributed on the one hand to the failure of the government to provide enough resources for the police to do their work and to lack of human rights education on the other hand.

Lack of Resources and Low Income

Lack of resources has been sited by the police officials as major problem and as a reason why they are not performing up to standard. For example, the lack of police vehicles to reach scenes of accidents is one problem that they are facing. Lack of human rights education has also been sited as a contributing factor and the inadequate or low salaries has also contributed.

If one looks to the above with an open mind he or she could realise why the police service and most police members enters the corridors of our courts on daily basis on charges of fraud and corruption. The government has contributed a lot to this problem.

Lack of Human Rights Education

The police should be educated in human rights and that should be introduced in the police academy so as to prepare the young men and women of this world to be able to face the challenges that they encounter in their communities. Lack of human rights education in the police service is evident from the fact that the government is spending billions of Rand in court cases defending civil actions against the police. For example, in cases involving torture, assaults, search without warrants and so forth by the police.

Very few police (if there are any) know that it is not compulsory to arrest a person if there are reasonable prospects that a person will appear in court on the date of the trial and that non arrest of that person will not hinder the process of investigation. While some police know the human rights laws and procedures to follow, they tend to apply such procedures in a vacuum. They do not understand that when dealing with criminals, they need to be treated with a degree of dignity and respect.

These are the real problems facing the South African Police Service. It would be disguised ridicule to ask if they understand the International Instruments that South Africa have signed and ratified prohibiting them from torturing suspected criminals. This is a major problem because they have not been educated on the National Constitution and how can one expect them to know the international instruments. Article1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment deals with the definition of these treatments. Article 2 deals the responsibility of Party State in ensuring prevention of torture.

Some of the rights enshrined in the Constitution can be limited except the right against torture. How many police have been educated on this? It is also important that police should know that evidence obtained through the above means can be rendered inadmissible in court and that the most crucial evidence in court is gathered from the witnesses. So if torture is viewed as a solution they should also torture the witnesses.

In conclusion, I strongly feel that the South African Police Service needs an intensive training on Human Rights and non- governmental organisations can do this, with the Department of Safety and Security taking the lead as it is its responsibility to do so. South Africa as Party State to this treaty – and having signed and ratified the Convention – has to report on progress. I also believe that the Optional Protocol on Torture will also make a difference in ensuring that Party States do monitor the detention centres to ensure prevention of torture.

Author: Cyprian Vimba
Originally published: Monday, 30 June 2003
Revised: N/A