Cape High Court, Cape Town)

Total Page:16

File Type:pdf, Size:1020Kb

Cape High Court, Cape Town) IN THE HIGH COURT OF SOUTH AFRICA (Cape High Court, Cape Town) Case No. 21600/12 In the matter between: MINISTER OF POLICE First Applicant NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Second Applicant THE PROVINCIAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE FOR THE WESTERN CAPE Third Applicant THE CIVILAN SECRETARIAT FOR THE POLICE SERVICE Fourth Applicant COLONEL M F REITZ Fifth Applicant BRIGADIER Z DLADLA Sixth Applicant COLONEL T RABOLIBA Seventh Applicant and THE PREMIER OF THE WESTERN CAPE First Respondent THE MEMBER OF THE EXECUTIVE COUNCIL FOR COMMUNITY SAFETY, WESTERN CAPE Second Respondent THE CITY OF CAPE TOWN Third Respondent THE HON. JUSTICE C O'REGAN N.O. Fourth Respondent ADVVPPIKOLI N.O. Fifth Respondent THE SECRETARY TO THE COMMISSION Sixth Respondent 2 ADV T SIDAKI Seventh Respondent WOMEN'S LEGAL CENTRE Eighth Respondent THE SOCIAL JUSTICE COALITION Ninth Respondent SUPPORTING AFFIDAVIT I the undersigned ABDURRAZACK ("ZACKIE") ACHMAT hereby affirm and say 1. I am an adult male resident at A536 St. Martini Garden, Queen Victoria Street, Cape Town. I am fifty years old. 2. The facts contained herein are true and correct and are within my personal knowledge unless the context indicates otherwise. 3. I have been a political activist since the age of 14. I was a co-founder and Director of the National Coalition for Gay and Lesbian Equality, Director of the AIDS Law Project, and a co-founder and chairperson of the Treatment Action Campaign (TAC). I have been co-opted to Equal Education's (EE) National Council. EE is an organisation dedicated to realising the right to decent, quality education for all. I am not deposing to this affidavit on behalf of these organisations which have their own interests and decision-making processes. 3 4. I am employed full-time at Ndifuna Ukwazi Trust (Nil) as its Director. NU is a public benefit trust providing legal and social research support to organisations such the Social Justice Coalition (SJC) which seek to promote democracy through active citizenship. NU is one of the organisations which lodged the complaint that led to the First Respondent ("the Premier") appointing the O' Regan Commission of Inquiry. 5. Since 16 June 2008, when I was one of the co-founders of the Social Justice Coalition (SJC), I have been active in its campaigns, research and education work. I have been co-opted to the SJC Secretariat and Executive Council. 6. Currently, my primary task in the SJC is to support Mandla Majola, Angy Peter, Joel Bregman and others on the Criminal Justice Task Team. 7. This affidavit is structured in the following way: 7.1 Brief remarks on crime in Khayelitsha and who must speak about it. 7.2 Background to my involvement in the call and complaint for a Commission of Inquiry into Khayelitsha policing and its interface with the criminal justice system. 7.3 Advocate Thembilihle Sidaki (Seventh Respondent) 4 7.4 Confirming the contents in the affidavit of Mandla Majola, where he specifically refers to me or where the contents fall within my knowledge. Brief remarks on crime in Khayelitsha and who must speak about it 8. The stark inequality between the majority of people who live in Khayelitsha, Manenberg and elsewhere in Cape Town is not confined to social and economic inequality. Most of my comrades and colleagues feel unsafe in their homes, on the streets, on public transport, in schools and elsewhere. Their lives are blighted by crime which sometimes involves extreme violence. 9. Where I live and work in the central business district of Cape Town, I feel and have been completely safe. My apartment block has several security guards; at least two security guards from the Central City Improvement District (CCID) patrol my street day and night. The South African Police Service and Metro Police are visible on Long Street, the busiest part of Cape Town at night, a place with very many bars, clubs and restaurants and including a sex shop. Crime hardly takes place on this street and elsewhere in the City. I can walk anywhere 1 wish at any time of the day or night. A simple fact will illustrate this inequality. The Cape Town CBD alone has more than 100 CCTV cameras monitoring streets for antisocial and criminal behaviour. There are only 14 such CCTV cameras in Khayelitsha with a much larger and more vulnerable population than the inner City. 10. Most of the people who keep our City safe return to townships where they fear for their lives and those of their loved ones. Many of the people most exposed to crime where they live are also among the most low-paid workers in the City, who cannot afford to pay for private security to keep them safe in their homes. Many of them live in Khayelitsha. 11. The fact that the equal right to safety, the protection of life and property is denied to the majority of people while a minority can buy the constitutional right to be free from all sources of violence (whether public or private) through the use of private security is morally indefensible and legally intenable. 12. Personally, I know more people who live in Khayelitsha than any other part of our country. For example, Lumkile Sizila who lives in Makhaza, Norute Nobula who lives in Site C, Yoliswa Dwane who lives in Site B, Zukiswa Qezo who lives in RR Section, Sifiso Zitwana, Thandokazi Njamela, Axolile Notywala from Green Point are long-time comrades and very close friends. I do not speak on their behalf, I work with them and speak on my own behalf and in the public interest. 13. I am also friends and comrades with many African, Coloured, Indian and White people who work in Khayelitsha every day. They include Sister Nompumelo Mantangana (from Gugulethu), a senior HIV/TB specialist nurse who works at Site B clinic. Sis Mpumi is the chairperson of the SJC; Faniswa Filani (Nyanga East), Brad Brockman, 6 Dr Gilles van Cutsem (Muizenberg), Doron Isaacs (Woodstock), Michelle Adler (Sea Point) and many others. 14. People (like me) who are safely privileged have a special duty to support people in Khayelitsha and any other working class community by speaking out about the daily injustices, indignities pain and extreme violence they face. Crime disproportionately affects the poorest and most vulnerable. Taking this stand is not only right, it is indispensable to transforming the "apartheid mindset" and practices that continue to divide people and are exacerbated by geographical separation. 15. In addition, 14 years of working with people in Khayelitsha has involved actively engaging all levels of government. I have been in meetings of the City of Cape Town when it was under the rule of the ANC and the DA; I have attended countless meetings of provincial and national government officials (especially regarding HIV) with my comrades in Khayelitsha. 16. The remarks of the Minister Nathi Mthethwa, Provincial Commissioner Lamoer and others implying that people who do not live in Khayelitsha should not address its social, economic and safety problems are unbecoming of people in power. It can be read as a narrow racial nationalism that undermines our Constitution and the Freedom Charter which I have supported since 1976. The Minister and Provincial Commissioner's insinuations are particularly demeaning to Coloured, Indian and White people in our organisations who work in Khayelitsha. 7 It is also demeaning of nurses, doctors, pharmacists, police and other people who work in Khayelitsha. Background to my involvement in the call for the Commission of Inquiry into Crime in Khayelitsha 17. Since its beginnings, the The Treatment Action Campaign was concerned about gender-based violence, including rape and domestic violence, as the issues relate to HIV and health. 18. Lorna Mlofana's rape (as we understood it at the time) and her brutal murder, which was an HIV hate crime, galvanised TAC and many organisations inside Khayelitsha. As a TAC member and leader, I was directly involved in this campaign. I also regarded it as my duty as a human being to support the work of Khayelitsha comrades and organisations. This tragedy played out in the criminal justice system, including SAPS, over almost six years (December 2003 - September 2009). 19. I worked on Nandipha Makeke's case as the records in this case show. Nadipha's elderly parents had to deal with this tragedy for about two years. My comrades and colleagues Pumeza Runeyi, Amelia Mfiki and others had to flee their homes because of SAPS inability to protect their lives and property. 20. Mandla Majola fully sets out my direct involvement in the work against xenophobia during 2008. 8 21. As an activist and gay man, I was also active in the "Justice for Zoliswa Nkonyana" campaign after her brutal murder because she was lesbian This case exemplifies what is wrong with policing and the broader criminal justice system. Personally, I want to point out that the cruel and unjust perception that most if not all Black men, particularly African and Coloured working class men, are potential rapists and homophobic, is belied by TAC, the SJC and EE's work on this case. The majority of people who attended court cases and marches were heterosexual Black men and women from Khayelitsha. Men, including Lumkile Sizila, Michael Hamnca, Mandla Majola and Sifiso Zitwana, played leading roles in this work as all men should. 22. I have also been directly involved in the SJC's Criminal Justice Task Team as a researcher, educator and leader. I have attended a great many meetings, workshops, marches, pickets and other events. These meetings include those with MEC Albert Fritz, Premier Helen Zille and the National Inspectorate Task Team set up by the National Commissioner.
Recommended publications
  • The Cape Town VITO Pilot Studies Protocol
    Open Access Protocol BMJ Open: first published as 10.1136/bmjopen-2017-016485 on 22 December 2017. Downloaded from Rationale and design of the violence, injury and trauma observatory (VITO): the Cape Town VITO pilot studies protocol Ardil Jabar,1 Tolu Oni,1 Mark E Engel,2 Nemanja Cvetkovic,3 Richard Matzopoulos1 To cite: Jabar A, Oni T, ABSTRACT Engel ME, et al. Rationale Strengths and limitations of this study and design of the violence, INTRODUCTION injury and trauma observatory The establishment of violence and injury observatories ► The observatories model is an internationally (VITO): the Cape Town VITO pilot elsewhere has been found to reduce the burden within accepted tool that can provide a focused studies protocol. BMJ Open a relatively short period. Currently no integrated system understanding of a particular issue or subtheme of 2017;7:e016485. doi:10.1136/ exists in South Africa to provide collated data on violence, violence. bmjopen-2017-016485 to allow for targeted interventions and routine monitoring ► The integration of violence and injury data may ► Prepublication history for and evaluation.This research seeks to identify if bringing allow a comprehensive view of the existing burden this paper is available online. multiple data sources, including but not limited to data of violence and injury within a community. To view these files please visit from the South African Police Service (SAPS), Forensic ► A potential limitation of certain datasets, for example, the journal online (http:// dx. doi. Pathology Services (FPS), Emergency Medical Services Health Systems Trust (HST), are their periodical org/ 10. 1136/ bmjopen- 2017- (EMS) and local hospital clinical databases, together are (1) survey collection, that is, biannual, not continuous, 016485).
    [Show full text]
  • Thesis Law 2020 Viltoft Clara Dybbroe
    Deconstructing Gangsterism in the Western Cape Policy Response to the National Anti-Gangsterism Strategy Clara Dybbroe Viltoft VLTCLA001 Degree: Masters of Philosophy in Criminology, Law and Society Course code: PBL5850W Minor Dissertation Institution: Department of Public Law Faculty of Law School of Advanced Legal Studies University of Cape Town Supervised by: Prof. Elrena van de Spuy DepartmentUniversity of Public Law of Cape Town University of Cape Town Word count: 24.572 (including footnotes and quotes, excluding lists and bibliography) Page count: 112 Submission date: 10 February 2020 The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or non- commercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University of Cape Town Deconstructing Gangsterism in the Western Cape Policy Response to NAGS Page 2 of 112 DECLARATION The research dissertation is presented for the approval of the Senate in fulfilment of the part of the requirements for the Masters of Philosophy in Criminology, Law and Society in approved courses and a minor dissertation. The other part of the requirement for this qualification was the completion of programme courses. I, Clara Dybbroe Viltoft, hereby declare that I have read and understood the regulations governing the submission of the dissertation, including those relating to length and plagiarism, as contained in the rules of this University, and that this dissertation confirms to those regulations.
    [Show full text]
  • INTEGRATED HUMAN SETTLEMENTS FIVE-YEAR STRATEGIC PLAN July 2012 – June 2017 2013/14 REVIEW
    INTEGRATED HUMAN SETTLEMENTS FIVE-YEAR STRATEGIC PLAN July 2012 – June 2017 2013/14 REVIEW THE CITY OF CAPE TOWN’S VISION & MISSION The vision and mission of the City of Cape Town is threefold: • To be an opportunity city that creates an enabling environment for economic growth and job creation • To deliver quality services to all residents • To serve the citizens of Cape Town as a well-governed and corruption-free administration The City of Cape Town pursues a multi-pronged vision to: • be a prosperous city that creates an enabling and inclusive environment for shared economic growth and development; • achieve effective and equitable service delivery; and • serve the citizens of Cape Town as a well-governed and effectively run administration. In striving to achieve this vision, the City’s mission is to: • contribute actively to the development of its environmental, human and social capital; • offer high-quality services to all who live in, do business in, or visit Cape Town as tourists; and • be known for its efficient, effective and caring government. Spearheading this resolve is a focus on infrastructure investment and maintenance to provide a sustainable drive for economic growth and development, greater economic freedom, and increased opportunities for investment and job creation. To achieve its vision, the City of Cape Town will build on the strategic focus areas it has identified as the cornerstones of a successful and thriving city, and which form the foundation of its Five-year Integrated Development Plan. The vision is built on five key pillars: THE OPPORTUNITY CITY Pillar 1: Ensure that Cape Town continues to grow as an opportunity city THE SAFE CITY Pillar 2: Make Cape Town an increasingly safe city THE CARING CITY Pillar 3: Make Cape Town even more of a caring city THE INCLUSIVE CITY Pillar 4: Ensure that Cape Town is an inclusive city THE WELL-RUN CITY Pillar 5: Make sure Cape Town continues to be a well-run city These five focus areas inform all the City’s plans and policies.
    [Show full text]
  • Department of Community Safety: Annual Performance Plan 2021/22
    Annual Performance Plan 2021/22 Department of Community Safety EXECUTIVE AUTHORITY STATEMENT In the short time, since June 2019, that I have been the Executive Authority of the Department of Community Safety, I have aimed to provide strategic leadership for it to become an increasingly service delivery-oriented department. As a department, we have had to adapt our strategies considering the socio-economic challenges presented by the COVID-19 epidemic. I am proud of the role played by my department in responding to the pandemic. Our responses to the governance and delivery challenges posed by the epidemic have been marked by innovation that, in many cases, surpassed even our own expectations. Under my guidance, the Department has embarked upon an exciting repurposing process. This process will ensure that the Department adapts its oversight functions to enhance service delivery, particularly to those communities ravaged by high rates of crime, gangsterism and other challenges. This is in line with our role as one of the lead departments in implementing the Western Cape Safety Plan (Safety Plan) and the safety component of the Western Cape Government’s COVID-19 Recovery Plan (Recovery Plan). This collaborative repurposing process has been ably facilitated by the senior departmental officials under the leadership of the Head of Department (HoD), Adv. Yashina Pillay, and is a first in that it explicitly encourages dynamic and open reflection of the Department’s mandate and involves participation from all levels of the Department. The Recovery Plan requires that all departments ensure that their programmes, strategies and deliverables are aligned to the interrelated objectives of jobs, safety and wellbeing.
    [Show full text]
  • Activism in Manenberg, 1980 to 2010
    Then and Now: Activism in Manenberg, 1980 to 2010 Julian A Jacobs (8805469) University of the Western Cape Supervisor: Prof Uma Dhupelia-Mesthrie Masters Research Essay in partial fulfillment of Masters of Arts Degree in History November 2010 DECLARATION I declare that „Then and Now: Activism in Manenberg, 1980 to 2010‟ is my own work and that all the sources I have used or quoted have been indicated and acknowledged by means of complete references. …………………………………… Julian Anthony Jacobs i ABSTRACT This is a study of activists from Manenberg, a township on the Cape Flats, Cape Town, South Africa and how they went about bringing change. It seeks to answer the question, how has activism changed in post-apartheid Manenberg as compared to the 1980s? The study analysed the politics of resistance in Manenberg placing it within the over arching mass defiance campaign in Greater Cape Town at the time and comparing the strategies used to mobilize residents in Manenberg in the 1980s to strategies used in the period of the 2000s. The thesis also focused on several key figures in Manenberg with a view to understanding what local conditions inspired them to activism. The use of biographies brought about a synoptic view into activists lives, their living conditions, their experiences of the apartheid regime, their brutal experience of apartheid and their resistance and strength against a system that was prepared to keep people on the outside. This study found that local living conditions motivated activism and became grounds for mobilising residents to make Manenberg a site of resistance. It was easy to mobilise residents on issues around rent increases, lack of resources, infrastructure and proper housing.
    [Show full text]
  • Clinics in City of Cape Town
    Your Time is NOW. Did the lockdown make it hard for you to get your HIV or any other chronic illness treatment? We understand that it may have been difficult for you to visit your nearest Clinic to get your treatment. The good news is, your local Clinic is operating fully and is eager to welcome you back. Make 2021 the year of good health by getting back onto your treatment today and live a healthy life. It’s that easy. Your Health is in your hands. Our Clinic staff will not turn you away even if you come without an appointment. Speak to us Today! @staystrongandhealthyza City of Cape Town Metro Health facilities Eastern Sub District , Area East, KESS Clinic Name Physical Address Contact Number City Ikhwezi CDC Simon Street, Lwandle, 7140 021 444 4748/49/ Siyenza 51/47 City Dr Ivan Toms O Nqubelani Street, Mfuleni, Cape Town, 021 400 3600 Siyenza CDC 7100 Metro Mfuleni CDC Church Street, Mfuleni 021 350 0801/2 Siyenza Metro Helderberg c/o Lourensford and Hospital Roads, 021 850 4700/4/5 Hospital Somerset West, 7130 City Eerste River Humbolt Avenue, Perm Gardens, Eerste 021 902 8000 Hospital River, 7100 Metro Nomzamo CDC Cnr Solomon & Nombula Street, 074 199 8834 Nomzamo, 7140 Metro Kleinvlei CDC Corner Melkbos & Albert Philander Street, 021 904 3421/4410 Phuthuma Kleinvlei, 7100 City Wesbank Clinic Silversands Main Street Cape Town 7100 021 400 5271/3/4 Metro Gustrouw CDC Hassan Khan Avenue, Strand 021 845 8384/8409 City Eerste River Clinic Corner Bobs Way & Beverly Street, Eeste 021 444 7144 River, 7100 Metro Macassar CDC c/o Hospital
    [Show full text]
  • Itinerary-Web.Pdf
    Practicing Social Work with the Children and Families of the Aftermath of Apartheid South Africa in 2016 DESCRIPTION Social Work professionals will examine the cultural, economic, political, and historical issues relevant to South Africa. They will work collaboratively with students to explore service-learning activities, strategies for program facilitation, and current needs of the local population. Integrating education with experience in a diverse community, the group will learn about social justice, service, and community well-being. The group will be involved with the SHAWCO Little Stars in the Manenberg District of Cape Town, South Africa. Participants in this course will assess the current school program and assist its staff in the development of a new school program and library project. The highlight of the week will end in an excursion to Boulder Beach, a penguin community, to teach the children about wildlife conservation and environmental justice. REQUIREMENTS PRIOR TO TRIP Readings – total of 5 hours of continuing education clock hours Long Walk to Freedom: The Autobiography of Nelson Mandela Author: Nelson Mandela 978-0316548182 Discussion - Date to be determined A 6-hour interactive lecture on Pain & Ethics related to the course content will be required prior to the trip. ITINERARY Tuesday, December 6th Depart from Detroit, Michigan Wednesday, December 7th Travel Thursday December 8th Arrive in Cape Town Check into accommodations Friday, December 9th Robben Island Excursion o 3 hour tour lead by a former political prisoner o Objectives . Learn about the Apartheid state in South Africa . Understand the forms and mechanisms of oppression and discrimination for various race groups.
    [Show full text]
  • No Valley Without Shadows MSF and the Fight for Affordable Arvs in South Africa
    In the 1990s, even as the country celebrated its freedom from apartheid, South Africa descended into a chilling new crisis: an incurable disease was spreading so fast it soon became the fearsome stuff of myth and legend. The fight against HIV/AIDS in South Africa was a war fought on many fronts: against fear and ignorance so powerful it could lead to murder; against profiteering pharmaceutical companies whose patents safeguarded revenues at the cost of patients’ lives; and, most shockingly, against the South African government, which quickly emerged as the world leader in AIDS denialism. To take its place in this battle, Médecins Sans Frontières/Doctors Without Borders would have to overcome internal resistance, seemingly impossible financial barriers, multiple lawsuits, and the shame and terror of the very people they were trying to help. How could a coalition of activists, doctors, and patients beat the odds to bring about startling innovations in treatment protocols, end the pharmaceutical companies’ legal challenges to low-cost drugs, and overturn an official policy of denial that originated in the nation’s highest political offices? This is the story. No Valley Without Shadows MSF and the Fight for Affordable ARVs in South Africa Written by Marta Darder, Liz McGregor, Carol Devine and other contributors. © 2014 Médecins Sans Frontières/Doctors Without Borders, Rue Dupré 94, 1090 Brussels No Valley Without Shadows is a publication by Médecins Sans Frontières/Doctors Without Borders (MSF). The texts in this publication are based on interviews with members of MSF and others who participated in the fight for affordable ARVs in South Africa.
    [Show full text]
  • African National Congress NATIONAL to NATIONAL LIST 1. ZUMA Jacob
    African National Congress NATIONAL TO NATIONAL LIST 1. ZUMA Jacob Gedleyihlekisa 2. MOTLANTHE Kgalema Petrus 3. MBETE Baleka 4. MANUEL Trevor Andrew 5. MANDELA Nomzamo Winfred 6. DLAMINI-ZUMA Nkosazana 7. RADEBE Jeffery Thamsanqa 8. SISULU Lindiwe Noceba 9. NZIMANDE Bonginkosi Emmanuel 10. PANDOR Grace Naledi Mandisa 11. MBALULA Fikile April 12. NQAKULA Nosiviwe Noluthando 13. SKWEYIYA Zola Sidney Themba 14. ROUTLEDGE Nozizwe Charlotte 15. MTHETHWA Nkosinathi 16. DLAMINI Bathabile Olive 17. JORDAN Zweledinga Pallo 18. MOTSHEKGA Matsie Angelina 19. GIGABA Knowledge Malusi Nkanyezi 20. HOGAN Barbara Anne 21. SHICEKA Sicelo 22. MFEKETO Nomaindiya Cathleen 23. MAKHENKESI Makhenkesi Arnold 24. TSHABALALA- MSIMANG Mantombazana Edmie 25. RAMATHLODI Ngoako Abel 26. MABUDAFHASI Thizwilondi Rejoyce 27. GODOGWANA Enoch 28. HENDRICKS Lindiwe 29. CHARLES Nqakula 30. SHABANGU Susan 31. SEXWALE Tokyo Mosima Gabriel 32. XINGWANA Lulama Marytheresa 33. NYANDA Siphiwe 34. SONJICA Buyelwa Patience 35. NDEBELE Joel Sibusiso 36. YENGENI Lumka Elizabeth 37. CRONIN Jeremy Patrick 38. NKOANA- MASHABANE Maite Emily 39. SISULU Max Vuyisile 40. VAN DER MERWE Susan Comber 41. HOLOMISA Sango Patekile 42. PETERS Elizabeth Dipuo 43. MOTSHEKGA Mathole Serofo 44. ZULU Lindiwe Daphne 45. CHABANE Ohm Collins 46. SIBIYA Noluthando Agatha 47. HANEKOM Derek Andre` 48. BOGOPANE-ZULU Hendrietta Ipeleng 49. MPAHLWA Mandisi Bongani Mabuto 50. TOBIAS Thandi Vivian 51. MOTSOALEDI Pakishe Aaron 52. MOLEWA Bomo Edana Edith 53. PHAAHLA Matume Joseph 54. PULE Dina Deliwe 55. MDLADLANA Membathisi Mphumzi Shepherd 56. DLULANE Beauty Nomvuzo 57. MANAMELA Kgwaridi Buti 58. MOLOI-MOROPA Joyce Clementine 59. EBRAHIM Ebrahim Ismail 60. MAHLANGU-NKABINDE Gwendoline Lindiwe 61. NJIKELANA Sisa James 62. HAJAIJ Fatima 63.
    [Show full text]
  • South Africa 2
    The Atlantic Philanthropies South Africa 2 Honjiswa Raba enjoysThe the new auditorium of the Isivivana Centre.Atlantic Raba is head of human resources Philanthropies for Equal Education, a Centre tenant, and is a trustee of the Khayelitsha Youth & Community Centre Trust, the governing body of Isivivana. Foreword 5 Preface 9 Summary 13 South Africa 22 Grantee Profiles 89 Black Sash and Community Advice Offices 91 Legal Resources Centre 96 University of the Western Cape 101 Lawyers for Human Rights 108 Umthombo Youth Development Foundation 113 Archives and the Importance of Memory 117 Nursing Schools and Programmes 125 Health Care Systems 131 LGBTI Rights 135 Social Justice Coalition 138 Equal Education 143 Isivivana Centre 147 Lessons 154 Acknowledgements 175 Throughout this book, the term “black” is used as it is defined in the South African Constitution. This means that it includes Africans, coloureds and Indians, the apartheid-era definitions of South Africa’s major race groups. The Atlantic Philanthropies South Africa BY RYLAND FISHER President Cyril Ramaphosa met with Chuck Feeney in Johannesburg in 2005 when they discussed their involvement in the Northern Ireland peace process. Ramphosa was elected president of South Africa by Parliament in February 2018. DEDICATION Charles Francis Feeney, whose generosity and vision have improved the lives of millions in South Africa and across the globe IN MEMORIAM Gerald V Kraak (1956–2014), a champion of human rights and Atlantic’s longest serving staff member in South Africa Students “No matter how some of the visit the Constitutional Court at ideals have been difficult Constitution Hill. to achieve and get a bit frayed around the edges, South Africans still achieved its transition to democracy in, I think, one of the most extraordinary ways in human history.” Christine Downton, former Atlantic Board member 5 South Africa Foreword he Atlantic Philanthropies are known for making big bets, and it’s fair to say that the foundation was making a very large wager when T it began investing in South Africa in the early 1990s.
    [Show full text]
  • At the Limits of Spatial Governmentality: a Message from the Tip of Africa
    Third World Quarterly, Vol 23, No 4, pp 665–689, 2002 At the limits of spatial governmentality: a message from the tip of Africa STEVEN ROBINS ABSTRACT Urban studies scholars drawing on Foucault’s analysis of govern- mentality have investigated how urban social orders are increasingly more concerned with the management of space rather than on the discipline of offenders or the punishment of offences (Merry, 2001). This paper examines the ‘rationality’ and efficacy of spatial governmentality in post-apartheid Cape Town, and shows how the city has increasingly become a ‘fortress city’ (Davis, 1990), much like cities such as Los Angeles, Sao Paolo and Rio de Janeiro. These ‘global cities’ are increasingly characterised by privatised security systems in middle class suburbs, shopping malls and gated communities (Caldeira, 1999). These spatial forms of governmentality draw on sophisticated security systems comprising razor wire and electrified walls, burglar alarms and safe rooms, as well as vicious guard dogs, neighbourhood watches, private security companies, and automated surveillance cameras. On the other side of the race and class divide are urban ghettoes characterised by growing poverty and everyday violence. These socio-spatial inequalities continue to be reproduced despite urban planning initiatives aimed at desegregating the apartheid city. Although the media and the middle classes highlight the dangers of crime and violence, they tend to ignore the structures of inequality that fuel the growth of crime syndicates and violent drug economies that are reproducing these urban governance crises. Given the diminished resources of the neo-liberal state, the policing of middle class residential and business districts is increasingly being ‘outsourced’ to private security companies.
    [Show full text]
  • Looking Back
    Looking back Insider views on the Judicial Inspectorate for Correctional Services Chloë McGrath and Elrena van der Spuy* [email protected] [email protected] http://dx.doi.org/10.4314/sacq.v48i1.4 The establishment of a constitutional democracy in South Africa necessitated widespread institutional reforms across state sectors. A key feature of such reforms was the emphasis on oversight and accountability as illustrated in reform endeavours pursued in the South African Police Service, courts and prisons. One such oversight mechanism – the Judicial Inspectorate for Correctional Services (JICS) – is the subject of this article. Drawing on qualitative interviews with people closely involved with the JICS since 1998, this article presents ‘insider views’ regarding the JICS. We conclude with incumbents’ views on the effectiveness of the JICS.1 In brief: South African prisons years of collecting evidence, the Commission of Inquiry into Alleged Incidents of Violence or Under apartheid, South African prisons bore Intimidation in the Department of Correctional the imprint of racialised and repressive rule. The Services (the Jali Commission) declared that the opportunity for a fundamental re-think of the policy department was ‘arguably no longer governable’.3 framework had to await the establishment of a The report highlighted a wide range of ailments: constitutional democracy. Bold efforts at redesigning widespread patterns of corruption in the procurement the system of incarceration were put forward, but of goods and services and in appointments, uneven implementation has diluted many of the administrative ineptitude, a routinisation of abuse visions set out on paper. Twenty years into the new of inmates, widespread sexual violence among dispensation, South African prisons continue to inmates, gangsterism,4 endemic overcrowding,5 and confront a mix of structural fault lines, bureaucratic departmental capture by the Police and Prisons Civil intransigence, resource constraints and a measure of Rights Union (POPCRU).
    [Show full text]