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An Analysis of the Policing of Service Delivery Protests in the Free State

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An Analysis of the Policing of Service Delivery Protests in the Free State AN ANALYSIS OF THE POLICING OF SERVICE DELIVERY PROTESTS IN THE FREE STATE By DANIEL PILLAY Submitted in accordance with the requirement for degree of MAGISTER TECHNOLOGIAE In the subject of POLICING at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: PROF. DAVID TUBATSI MASILOANE September 2016 ACKNOWLEDGEMENTS Firstly, I would like to thank The Lord and Saviour for guiding me in overcoming the obstacles during my study. I would also like to express my deepest gratitude to my supervisor Professor D.T Masiloane for his guidance, patience, encouragement and support as he walked me through this study overcoming the difficult challenges. This Dissertation would not have been completed without his intervention and support. I would also like to express my appreciation and gratitude to the following persons: The South African Police Free State Provincial Management, especially commanders and members of Public Order Police as well as the various cluster commanders for their time, patience and contribution during the interviews. Sergeant Ntsoele Meshack Nakeli for his encouragement for me in pursuing my studies Mr W. J Adriaan (Riaan) Principal Librarian of Mangaung Municipal Library for assisting me in locating research material. Lastly, I would like to thank my wife Kumutha Pillay, daughter Allysha Pillay and son Ashlin Pillay, for their understanding by providing me the space to complete my studies. i This Thesis is dedicated to my late parents, My Father Chinna Munsami, and Mother Allieamma Pillay ii TITLE: AN ANALYSIS OF THE POLICING OF SERVICE DELIVERY PROTESTS IN THE FREE STATE By : Daniel Pillay Promoter : Professor D.T. Masiloane Department : Police Practice Degree : Magister Technologiae in Policing Summary The study investigated the policing of service delivery protests in South Africa with specific reference to Free State province. Failure by local governments to provide basic services to the previously disadvantaged South Africans has led to a number of service delivery protests taking place. The manner in which these protests are managed by the police in South Africa more especially the Public Order Police who are specialists in this field, raises concerns. One would perceive that the police are losing the battle in dealing with protest action for they are criticised for their brutal tactics in quelling the violence. This brutal handling of protesters dates back to the apartheid era and not much has changed contrary to the expectations of a newly formed democratic country. This therefore led to the investigation as to why the police in South Africa fail to contain such protest actions. The South African Police Services (SAPS) as it is known in a democratic South Africa employed tactics from international countries in order to introduce more professionalism in the SAPS. Although better tactics have been introduced, this did not seem to improve the situation because not only are properties destroyed but many lives are also lost through police action. The researcher conducted his investigation in the central part of South Africa in the iii Free State Province concentrating in the three main areas; namely Bloemfontein, Welkom and Bethlehem where the Public Order Police units are based. The investigation resulted in the researcher arriving at the conclusion that there are a number of challenges that are experienced by the SAPS when dealing with protests and the main problem identified was that of a shortage of manpower. This problem create challenges when it came to managing the number of protests taking place and exacerbated by not allowing the police to use the tactics that they were trained in. As much as we acknowledge these challenges, there are best practices that can be learnt from international countries. The crowd psychology strategies applied by the Swedish police as well as the high tolerance level of the British police, are the good practices that can be recommended in dealing with protests in South Africa. Key Terms Public Order Policing; service delivery protests; gatherings; marches; picketing, command and control, crowd management; crowd management tactics; use of force; shortage of manpower. iv Student Number: 3810 711 2 I declare that “An analysis of the policing of service delivery protests in the Free State” is my own work and that all sources that I have used or quoted have been indicated and acknowledged by means of citations as well as a complete list of references. Also, this study has not been submitted before for any degree or examination in any other university. Signature ……………….. (Daniel Pillay) Date: --------------- v ACRONYMS ANC : African National Congress AMCU : Association of Mine Workers and Construction Union COSATU : Congress of South African Trade Unions COGTA : Cooperate Governance and Traditional Affairs CPF : Community Police Forum DEIC : Dutch East India Company ESIM : Elaborate Social Identity Model HMIC : Her Majesty Inspectorate of Constabulary IFP : Inkatha Freedom Party IPID : Independent Police Investigative Directorate ISU : Internal Stability Unit LAPD : Los Angeles Police Department NACTU : National Council of Trade Unions NIU : National Intervention Unit OCT : Operational Commanders Training ORS : Operational Response Service PAC : Pan Africanist Congress POP : Public Order Police PSJ : Procedural Justice Theory RDP : Reconstruction and Development Programme SAPS : South African Police Service SWAT : Special Weapons and Tactics vi TRT : Tactical Response Team UDF : United Democratic Front VOC : Venue Operational Centre vii TABLE OF CONTENTS ACKNOWLEDGEMENTS i DEDICATION ii SUMMARY iii DECLARATION v ACRONYMS vi TABLE OF CONTENTS viii CHAPTER 1: GENERAL ORIENTATION 1.1 INTRODUCTION 1 1.2 BACKGROUND OF THE STUDY 3 1.2.1 Various types of protests that the police deals with 4 1.2.1.1 Gatherings 5 1.2.1.2 Marches 6 1.2.1.3 Picketing 7 1.2.2 The Process to Inform the Police on Planned and Unplanned Protests 8 1.2.3 Prohibition of a Gathering 10 1.2.4 Crowd Management Techniques 11 1.2.5 Planning to Police the Protest 15 1.2.5.1 Three Phases of Planning 16 1.2.5.2 Command and Control 17 viii 1.2.5.3 Police Powers in Crowd Management 17 1.2.6 The Public Order Police 18 1.2.7 Trend of Police Brutality During Public Protests and Measures 19 designed to Curb it 1.3 PROBLEM STATEMENT 21 1.4 RESEARCH QUESTION 22 1.5 RESEARCH OBJECTIVES 22 1.6 SIGNIFICANCE OF THE STUDY 23 1.7 DEFINTION OF CONCEPTS 23 1.8 ORGANISATION OF THE DISSERTATION 24 1.9 CONCLUSION 24 CHAPTER 2: POLICING OF PUBLIC PROTESTS IN OTHER COUNTRIES 2.1 INTRODUCTION 26 2.2 THE NEED TO POLICE PROTEST 26 2.2.1 Notice to Hold Gatherings and Planning 27 2.3 TRAINING FOR PUBLIC ORDER POLICING 28 2.4 CROWD POLICING TACTICS 32 2.4.1 Communication 33 2.4.2 Role of the Media 36 2.5 EQUIPMENT FOR POLICING PROTESTS 38 2.6 USE OF FORCE 42 ix 2.7 AN OVERVIEW ON THE POLICING OF CROWDS IN 45 VARIOUS COUNTRIES 2.7.1 The Policing of Crowds in the United Kingdom 47 2.7.1.1 British Police Tactics 50 2.7.2 Public Order Policing in the United States of America 54 2.7.2.1 American police tactics 56 2.8 CONCLUSION 58 CHAPTER 3: THE POLICING OF PROTESTS IN SOUTH AFRICA FROM 1910 TO TODAY 3.1 INTRODUCTION 60 3.2 THE POLICING OF PROTESTS FROM 1910 TO 1960 60 3.2.1 Types of Protests 62 3.2.2 The Policing of Protests 64 3.2.3 Training and Tactics 66 3.2.4 Reaction from Civil Society 69 3.3 POLICING OF PROTESTS FROM 1961 TO 1993 69 3.3.1 Police Dealing with Protests 72 3.3.2 Training and Tactics 74 3.3.3 Reaction from Civil Society 75 3.3.4 The Effectiveness and the Efficiency of Policing 76 3.4 THE POLICING OF PROTESTS FROM 1994 TO 2015 77 3.4.1 Types of Protests 79 x 3.4.2 The Marikana Massacre 81 3.4.3 The Public Order Police 82 3.4.4 Statistics on Protests 83 3.5 CONCLUSION 91 CHAPTER 4: RESEARCH METHODOLOGY 4.1 INTRODUCTION 93 4.2. RESEARCH METHODOLOGY 93 4.3 RESEARCH DEMARCATION 94 4.4 RESEARCH SAMPLE 94 4.5 DATA COLLECTION 96 4.6 DATA ANALYSIS 97 4.7 TRUSTWORTHINESS OF THE STUDY 97 4.8 ETHICAL CONSIDERATIONS 98 4.9 CONCLUSION 98 CHAPTER 5: RESEARCH FINDINGS 5.1 INTRODUCTION 99 5.2 SPECIFIC FINDINGS 99 5.3 GENERAL FINDINGS 108 5.4 CONCLUSION 110 xi CHAPTER 6: RECOMMENDATIONS AND CONCLUSION 6.1 INTRODUCTION 112 6.2 SPECIFIC RECOMMENDATIONS 112 6.3 GENERAL RECOMMENDATIONS 118 6.4 CONCLUSION 118 REFERENCES 121 Annexure A: Map of South Africa 133 Annexure B: Map of Free State Province 134 Annexure C: Interview Questions 135 Annexure D: Informed Consent letter 142 Annexure E: Letter from Provincial Commissioner Granting permission to do research 143 Annexure F: Ethical clearance from Unisa 144 Annexure G : Editing Certificate 145 xii CHAPTER 1: GENERAL ORIENTATION 1.1 INTRODUCTION People elect their government representatives and pay taxes in most countries to enable the government to provide certain basic services. This makes the provision of basic services by the government to be a realistic expectation that each citizen is entitled to and this should lead to the improvement of the people’s quality of life. In South Africa, the local government as the sphere of central government is closer to the communities; and in terms of Section 152 (1) of the Constitution of the Republic of South Africa 1996, its duty is to ensure the provision of good basic services to communities in a sustainable manner in order to provide a safe and healthy environment. The failure of local government (municipal and provincial administrations) to render these services - irrespective of the basis for such lack of service delivery (e.g.
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