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In the High Court of South Africa

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In the High Court of South Africa COMMISSION OF INQUIRY INTO ALLEGATIONS OF POLICE INEFFICIENCY IN KHAYELITSHA AND A BREAKDOWN IN RELATIONS BETWEEN THE COMMUNITY AND POLICE IN KHAYELITSHA COMPLAINANT ORGANISATIONS’ HEADS OF ARGUMENT INTRODUCTION The Safety, Crime and Policing Context in Khayelitsha 1. Over the course of the “Commission of Inquiry into Allegations of Police Inefficiency in Khayelitsha and a Breakdown in Relations between the Community and the Police in Khayelitsha” thousands of pages of documentary evidence, including affidavits, oral testimony and expert reports have been considered. The following cases submitted by the Social Justice Coalition, Treatment Action Campaign, Equal Education, Ndifuna Ukwazi, and the Triangle Project represent a microcosm of life in Khayelitsha and the context in which crime and policing occurs: 2 1.1 In 2009 Ntombentsha Beja, at the age of 74, was stabbed in the chest while going to a community toilet in Makhaza.1 1.2 In 2010 Makhosandile ‘Scare’ Qezo was stabbed in the face while relieving himself in a bush, as there were no accessible toilets nearby.2 1.3 Nandipha Makeke was raped and murdered while using a communal toilet.3 In 2009 Zanele Xaki, 15 years old from RR section, was crossing the intersection of Palma and Landsdowne to go to a toilet in the evening when she was knocked down by a car.4 1.4 In 2009 Sithembile Sitsha was killed in a hit and run accident at night while crossing Landsdowne Road.5 1.5 Thabani and his brother, Subusiso Zitwana, entered their school through broken fences during the gang wars at iQhayiya Senior Secondary School.6 1 Bundle 1(5)(D) Gavin Silber Affidavit, par 66. 2 Bundle 1(5)(E) Affidavit of Phumeza Mlungwana, par 91-94. 3 Bundle 1(5)(E) Affidavit of Mandla Majola, par 37-55. 4 Bundle 1(5)(D) Gavin Silber Affidavit, par 72. 5 Bundle 1(5)(E) Affidavit of Yoliswa Dwane, par 49. 6 Transcript of Sifiso Zitwana, pages 2021-2060. 3 1.6 Thandokazi Njamela nearly lost her life while buying alcohol in a shebeen.7 1.7 Monica Mandindi lost her daughter, Zoliswa Nkonyana, who was drinking at a shebeen.8 2. Every year thousands of individuals and families experience crimes involving extreme violence, including murder and rape, as well as the loss of meagre income and property through aggravated robbery. People living in informal settlements are amongst the most vulnerable in our society. 3. The evidence submitted by Dr Deborah Kaminer, Dr Genine Josias and Ms Vicky Igglesden illustrated the particular impact of crime on vulnerable people, including children; women; refugees; asylum seekers; and immigrants in Khayelitsha. Ms Funeka Soldaat related the vulnerability of the Lesbian, Gay, Bisexual, Transgender and Intersex community, particularly in public spaces.9 4. Sifiso Zitwana describes life in informal settlements and the additional vulnerability of people living under conditions of poverty and inequality: 7 Bundle 2(5) File 24 T.N. 8 Bundle 1(5)(E) Affidavit of Mandla Majola, par 73-81. 9 Bundle 4(1) 3. Kaminer Report June 2013; Bundle 6(1) 6. IgglesdonReportFinalEdited December 2013; Bundle 7(5) Dr Genine Josias (redacted statements). 4 “When I’m saying that another person of another race will not understand our pain of someone living in a shack, even living in a shack, just living in a shack is not safe. Also when growing up when you what the problems are in the area, that is why I’m saying people can say they understand or understand the situation but without living there they will not know what it feels like. Living in an informal settlement area, a place with no lights, which is dark at night where sometimes you have to go and relieve yourself in the bushes. Sometimes you have to go and get water from a different street which is not your street. That is also not safe. Also not seeing police – even if they’re not in a car but just the police to come In so that people can see or be visible. Also when there is a fire in the area the community and the fire brigades are very far from where the fire is taking place because they can’t drive through or come into the area, those things are really not safe and that is why I’m saying that people that have not lived or experience that would not know what it feels like.”10 10 Transcript of Sifiso Zitwana, pages 2021-2060. 5 5. Zitwana’s insights illustrate the dangers posed by the location and condition, or the lack of access to services such as toilets and water. Even walking to school increases the risk of becoming a victim of violent crime. This is not simply an infringement of fundamental rights, but also increases levels of crime. The City of Cape Town describes this as situational crime. This increased burden of crime has a direct impact on the efficiency and impact of policing. Vulnerability of people living in Khayelitsha 6. In his report to the Commission, Professor Jeremy Seekings revealed that only 38% of the Khayelitsha population live in formal housing: 15% live in backyard dwellings, which are in mostly formal areas, and 46% in shacks. All of the backyard and many of the shack dwellings are to be found in generally formal areas.11 7. The median household income for Khayelitsha is only R20 000 per year, half of the R40 000 for Cape Town as a whole. At least 74% of households earn less than R1 000 per month.12 11 Bundle 5(1) Jeremy Seekings Dec 2013, page 7. 12 Bundle 5(1) Jeremy Seekings Dec 2013, page 14. 6 8. A shortage of employment opportunities leads to further frustration among the youth, causing a minority to turn to crime. The unemployment rate (including discouraged work seekers) among young adults aged 20 to 29 in Khayelitsha is 40%, compared to just 26% for Cape Town as a whole.13 Only 45% of these young adults have completed secondary school, according to the results of the 2011 Census, further limiting opportunities.14 9. By and large residents of Khayelitsha do not feel safe in their community: 31% of young adults do not feel safe walking in their neighbourhood during the day, and 85% do not feel safe at night. Furthermore, a lack of trust in the police resulted in 56% of respondents to a survey saying that they would not report their home being broken into.15 Young men are mainly employed in private security, and women in domestic work.16 Responsibilities of Local Government 10. The City of Cape Town recognises the relationship between safety and crime, and the vulnerability of people in Khayelitsha. In its Social Development Strategy, the City says: 13 Bundle 5(1) Jeremy Seekings Dec 2013, page 15. 14 Bundle 5(1) Jeremy Seekings Dec 2013, page 18. 15 Bundle 5(1) Jeremy Seekings Dec 2013, page 24. 16 Bundle 5(1) Jeremy Seekings Dec 2013, page 17 7 “People with low incomes often live in high densities on the periphery of the City in areas, which are vulnerable to flooding, fire and disease. These areas are often crime-ridden and, hence, more resources need to be allocated to these areas to make them safer, cleaner and prevent fires, flooding and disasters.”17 11. The City also recognises that policing alone cannot effectively reduce rising crime levels: “The causes of crime are complex and multifaceted. Traditional policing and law enforcement cannot solve these problems alone.18 … The placement of communal toilets, water pipes and other utilities will be cognisant of the need to prevent opportunities for crime. In addition, the City shall situate new municipal buildings in areas that improve safety and accessibility.”19 17 City of Cape Town. (2012) “Social Development Strategy”, page 13. 18 City of Cape Town. (2012) “Social Development Strategy”, page 13. 19 City of Cape Town. (2012) “Social Development Strategy”, page 14. 8 12. According to the statement submitted by Mr Richard Bosman, Executive Director of the City of Cape Town’s Directorate of Safety and Security, the City is trying to make Cape Town as safe as possible by enforcing the City’s bylaws, such as those regulating public drunkenness and riotous behaviour; and through the use of sophisticated technology, such as CCTV cameras and portable finger print scanners.20 13. This is reinforced by the Violence Prevention through Urban Upgrading (VPUU), a pilot project of the City of Cape Town. According to Bosman, the goal of this project is: “…the transformation of the township of Khayelitsha into a vibrant, safe, and attractive place for its residents, but most importantly, into a community that is environmentally, economically and socially sustainable. VPUU aims not only to reduce crime and increase safety levels but to also upgrade neighbourhoods, improve social standards and introduce sustainable community projects to empower local residents.”21 20 Bundle 4(2) File 8 – Affidavit of Richard Bosman, par 38. 21 Bundle 4(2) File 8 – Affidavit of Richard Bosman, par 86-87. 9 14. The project was started in Harare because of the unbearably high levels of murder, robbery and domestic violence in the area.22 Harare still has one of the highest levels of reported violent crimes in the country. 15. The City is also responsible for enforcing traffic rules and other bylaws. “Bylaws are more administrative in nature. If you get a ticket for your car as an example by a traffic officer, the only time we will get involved with the court process is once you haven’t paid your ticket and a summons has been issued, because the moment a summons has been issued it develops into a formal prosecution document.
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