SEMINAR ON RISK FACTORS FOR POLICING: STUDY CONDUCTED BY CSP ON POP 17 FEBRUARY 2016      

BACKGROUND In 2011, the Minister of Police approved the Policy and Guidelines on Policing of Public Protests, Gatherings and Major Events (Public Order Policy). The main aim of this policy document is to provide a framework and guidelines for policing public protests and to introduce stringent measures around the use of force linked to public gatherings and protests. The number of service delivery protests has been increasing annually in South Africa since 2004 and as from 2009 some of them turning violent.

BACKGROUND During the 2014/15 financial year, the CSP commissioned a study to explore how public education and awareness can play a role in reduction of violence during protests. The study was also aimed at exploring the extent to which community based structures can contribute to educating communities and improvement of police response, covering the following areas:

BACKGROUND Public awareness Exploring the role of organised structures like the CPFs and CSFs in relation to identification and resolution of instability issues at local level. Community perceptions.

Two sampling methods were employed, i.e.: BACKGROUND Two sampling methods were employed, i.e.: A purposive sampling and availability sampling. Five (5) provinces were selected ( GP, MP, LP, NW, WC); and in each province two communities that had experienced service delivery protest or labour unrests were selected. In each community; 25 gender balanced respondents within 18-60 age categories were selected. A total of 50 respondents were identified in each province. In addition, focus group interviews were conducted with Community Based Structures, e.g. CPF; Traditional Leaders, Organised community groups.

INTRODUCTION Public protests have a long history and have been organized differently throughout the different historical moments. During the Apartheid regime, protests formed an important vehicle in the fight against the system. In the post-apartheid South Africa, public protests have re-emerged with a different purpose, which is service delivery focused. Even though the focus is different during democratic dispensation in comparison to the apartheid era, nature of public protests is still taking the same method. The trends created during the struggle for liberation are still evident in the nature of protests today.

KEY FINDINGS: EXPECTATIONS DURING PROTESTS The table below shows the variance in answering whether the community members interviewed in the five (5) provinces knew what is expected from them during a public protest.

KEY FINDINGS: KNOWLEDGE OF LEGISLATION The Regulation of Gatherings Act places considerable emphasis and obligations on organisers and conveners of a gathering to comply with all sections of the Act and to take responsible steps to ensure the gathering occurs in an orderly and peaceful manner. This also implies that the organisers should make the participants aware of what is expected from them during a protest The findings indicate the limited knowledge that communities have in understanding of the Gatherings Act.

KEY FINDINGS: KNOWLEDGE OF LEGISLATION There is generally lack of understanding and public knowledge on the provisions of the legislation that regulates carrying of dangerous weapons during a protest (Dangerous Weapons Act, 2013 (Act No. 15 of 2013) .

KEY FINDINGS: Awareness of complaints avenues The below graph (figure) indicates community response on whether they know other options when they need to get government’s attention to a problem without engaging in a protest. The findings above are raising a serious alarm concerning local government’s complaints systems and mechanisms.

KEY FINDINGS: ROLE OF COMMUNITY POLICE FORUM There is great need to strengthen community policing through CPF as indicated in the figure above that only about 56% know the existence of CPF in their community and 44% do not know if there is a CPF in their community

KEY FINDINGS: ROLE OF COMMUNITY POLICE FORUM This study further found that, out of the 56% of the communities that are aware of the existence of CPF in their communities, 59% of them reported that there is generally good community relations with the CPF From these responses there also appears to be a gap in proper awareness with regard to the roles and responsibilities of the CPF. For example most respondents seem to be convinced that CPF’s should arrest perpetrators within the communities.

KEY FINDINGS: COMMUNITY SAFETY FORUM CSFs are based on the premise that increased co-operation and interaction would improve the functioning and deliberations within the local criminal justice system and the delivery of crime prevention projects. This resulted in the CSF concept evolving as a replicable structure for integrated problem solving at local level, destined to provide means for sharing information and coordinating an inter-disciplinary approach to crime prevention.

KEY FINDINGS: COMMUNITY SAFETY FORUM However this structure is not known at the community level, for example the majority (96%) of provinces visited do not know the structure and its role in the community.

KEY FINDINGS: PUBLIC PERCEPTIONS Police response This study revealed some considerable positive perception of the police. For instance the graph below 62% of the people that were interviewed revealed that they are not fearful of the police during protests and only 30% reported that they were fearful of the police.

KEY FINDINGS: PUBLIC PERCEPTIONS Police response The participants further reported that in order to protect themselves against the police they carry weapons, which was also viewed to be the course of the clashes that exists between the police and the community during protests. However the people interviewed viewed the role of the police during protests as: To maintain order; To protect the community; To ensure that the protests does not turn violent; To stop the community from protesting; and Only 6% of the people viewed the police role as to fight the community.

KEY FINDINGS: PUBLIC PERCEPTIONS Vandalism during protests Another contributing factor to violence during protests could be the fact that only 52% of the participants considered vandalism during protests a criminal offence.

KEY FINDINGS: PUBLIC PERCEPTIONS Vandalism during protests On exploring this issue further, the respondents gave the following reasons for their views that vandalism during protest is not a criminal offence: It cannot be a crime to vandalise a public property as they are also tax payers; They consider vandalism as just damaging infrastructure and not as committing a crime; Getting the government’s attention; One of the interviewees said “vandalism yields positive results”; and People vandalise when they do not get a response.

KEY FINDINGS: PUBLIC PERCEPTIONS Community – Police relations Majority of people (42%) interviewed indicated that relations with the police during protests are poor

KEY FINDINGS: PUBLIC PERCEPTIONS Community – Police relations The participants that viewed community relations with the police as poor or average had the following reasons: Police are abusive and unprofessional ; Tribal nature of police especially in the Limpopo province; Delayed response during protests; Dangerous and that they kill protesters; Their actions resembles apartheid police behaviour; and They generally take too long to resolve issues;

KEY FINDINGS: Community based structures The study further revealed the following eight overarching themes across the seven focus group that were interviewed: Poor relations – between the police and the community based structures and within the various structures; Protest as constitutional right and not a crime; Persistent or collective advocacy – protests as means of getting needs met; Improvement in police response - will as a deterrent to violent protests ; Disarming the police – use of shields and batons, water canons seen as less aggressive;

KEY FINDINGS: Community based structures Poor communication between the protesting group and authorities and lack of Joint Awareness campaigns; Lack of well defined and clear existence of the CSFs; and Well-functioning CPF with FBO : Emzinoni Case Study that led a peaceful protest.

CONCLUSION The findings discussed in this report highlight the following key areas that need urgent attention: Improvement in public awareness and knowledge management with the communities. Policing strategy that is able to keep up with the challenging and evolving nature of protests The role of community based structures in enhancing good communication between the community and the authorities to prevent violence during protests.

CONCLUSION It has been widely noted throughout the study that the problem mostly is frustrations experienced by the protesting groups coupled with lack of knowledge and unavailability of platforms to complain. These can be addressed by strengthening the capacity of CPFs and CSFs to work closely with the communities, SAPS and other government departments at local level.

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