The Identification of a Municipal Policing Model

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The Identification of a Municipal Policing Model THE IDENTIFICATION OF A MUNICIPAL POLICING MODEL FOR MANGAUNG MUNICIPALITY BY L. J. MOKOENA SUBMITTED IN FULFILMENT OF THE REQUIREMETS FOR MAGISTER TECHNOLOGICAE POLICING AT SCHOOL OF CRIMINAL JUSTICE UNISA (FLORIDA) SUPERVISOR PROF: H.F. SNYMAN MAY 2007 i DEDICATE TO: My father, Phomane and late mother Mapaseka Mokoena who always believed and instilled in me, the sense of personal responsibility. ii ACKNOWLEDGEMENT I wish to acknowledge and appreciate the assistance and support given by my supervisor, Prof H.F. Snyman. I doubt I could have completed this study without her invariable encouragement and guidance. Don Loree of the Royal Canadian Mounted Police, for facilitating and ensuring the abundance of contacts with respect to the topic. Mrs. JNM Raputsoane for always been keen to fiddle with and assist whenever the computer system presents problems. I want to thank my wife and children for their understanding during the course of my study and the completion thereof. I also want to thank the five municipal police departments who assisted me with this research and Mangaung Local Municipality for allowing me access to the archives. Thank and praise is also given to the “Lord, the Saviour” for guiding me during the testing times. iii A BRIEF RESUME OF RESEARCHER The researcher matriculated in 1980 at Lekgulo Senior Secondary School, Qwa-Qwa. He joined the then Oranje Freestate Traffic Department as a Traffic Inspector in 1981 till 1993, when Phuthaditjhaba Transitional Local Council appointed him as Superintendent Traffic Officer. He was appointed to the position of Chief of Traffic in 1995. He joined the Bloemfontein Local Transitional Council in 1997 as Traffic Chief, the position he still holds. He graduated with Pretoria Technikon in 2001 in a B-Tech degree in Traffic Management. The researcher is married and blessed with three children; and is the 2nd Vice President of the Institute of Traffic and Municipal Police Officers of Southern Africa. iv ABSTRACT The researcher investigated and identified a municipal policing model for Mangaung Local Municipality. The five municipalities that have established a municipal police services in terms of the South African Police Service Amendment Act, Act 83/1998 were identified. Fifteen members of these municipalities who were involved in the establishment of a municipal police services, were interviewed to acquire First hand information on the process of establishing a municipal police service. The purpose of the study was to explore and therefore it required the research to be a qualitative approach, because the adversities the officials encountered were comprehended. Judgemental sampling was engaged to select participants since it was necessary to describe rather than to generalize and it also relevant to ensure that comparisons on the data collected are recognized. Three out of five municipalities that were investigated converted from traffic departments to municipal police services. Traffic officers of these municipalities undertook a bridging course determined by the National Commissioner of Police and to augment the numbers of the municipal police service members, these municipalities recruited and trained security officers. The Ethekweni municipality converted the then Durban City Police Department and other traffic departments that amalgamated with it to form a municipal police service. Unlike the other municipalities, Cape Town Metro recruited new members and trained them to formed a municipal police service in addition to the existing traffic departments and law enforcement agency. Mangaung Municipality should convert the existing traffic department and follow the route model to establish a municipal police service and augment the number of the municipal police service members by recruiting within the security division. v TABLE OF CONTENTS Chapter 1 Introduction and methodology overview Page number 1.1 Introduction 1 1.2 Problem statement 1 1.3 Methodology of the study 2 1.3.1 Sampling 3 1.3.2 Data collection 5 1.3.3 Data analysis 7 1.3.4 Method of ensuring validity and reliability 9 1.4 Delimitation of the study 9 1.4.1 Conceptual Limitation 10 1.4.1.1 Policing 10 1.4.1.2 Model 10 1.4.2 Geographical Limitation 11 1.4.3 Time Limitation 11 1.5 Problems that complicated the study 12 1.5.1 Keeping the respondents focused 12 1.5.2 Timing of the interviews 12 1.5.3 Failure to honour interview appointment 13 1.5.4 International data gathering 13 1.5.5 Obtaining of crime statistics 14 1.6 Objectives of the study 14 vi 1.7 Ethical issues 15 1.8 Layout of the study 15 vii Chapter 2 Need for introducing a Municipal Police structure Page number 2.1 Introduction 17 2.2 Demographics of Mangaung Municipality 17 2.2.1 The Free State Province in relation to the Republic of South Africa 17 2.2.2 Mangaung Municipality in relation to the Free State Province 18 2.2.2.1 Bloemfontein urban area 19 2.2.2.2 Thaba Nchu urban area 21 2.2.2.3 Botshabelo urban area 22 2.2.2.4 Rural areas 22 2.2.3 Transport mode for the people of Mangaung Municipality 22 2.2.4 The condition of the infrastructure in Mangaung Municipality 23 2.2.5 The Mangaung Local Municipality Integrated Development Plan 24 2.2.6 The financial conditions of Mangaung Municipality 25 2.3 Contributory risk factors to crime in South Africa 25 2.3.1 The history of South Africa 26 2.3.2 Age and Gender 26 2.3.3 Unemployment and Poverty 28 2.3.4 Human Immuno-deficiency Virus and Acquired Immune Deficiency Syndrome (HIV and AIDS) 29 2.3.5 The environment 30 2.3.6 Rapid urbanisation 30 2.3.7 Alcohol and Drugs 31 2.3.8 Firearms 31 viii 2.3.9 Crime statistics obtained from Crime Intelligence Analysis Center 32 2.3.9.1 Southern Free State crime statistics 32 2.3.9.2 2000/2001 Less Policeable crimes for Mangaung Municipality 34 2.3.9.3 2000/2001 More Policeable crimes for Mangaung Municipality 36 2.3.9.4 2000/2001 Crime heavily dependant upon police action for Mangaung Municipality 38 2.3.9.5 Mangaung crime analysis 2000/2001 percentage change 39 2.3.9.6 2000/2003 Mangaung revised crime statistics 40 2.3.9.7 Summary of crime trends per police station for Mangaung Municipality 42 2.3.9.8 Crime statistics for the 2004/2005 financial year compared to the 2005/2006 financial year. 43 2.3.10 Social Indicators from the clinics of Mangaung Municipality 46 2.3.11 Council’s property incidents attended by the Mangaung Security Division 47 2.3.12 Law enforcement resources in Mangaung jurisdiction 48 2.3.12.1 South African Police Service resource allocation per police station 48 2.3.12.2 Policing in relation to population ratio 49 2.3.12.3 Number, qualification and shift pattern for the Mangaung Traffic Department 50 2.3.12.4 Condition of Mangaung Municipal Traffic Patrol Vehicles 51 ix 2.4 Overview of problems reported to the Mangaung Municipality 52 2.4.1 Municipal regulations complaints 52 2.4.2 Complaints related to Hawkers 53 2.4.3 Complaints related to damage to property 53 2.4.4 Complaints related to theft 54 2.4.5 Land invasion complaints 54 2.4.6 Complaints related to alcohol 54 2.4.7 Complaints regarding security of citizens 55 2.4.8 Nuisance and littering complaints 55 2.4.9 Complaints related to disturbance of peace 56 2.4.10 Complaints associated with social factors 57 2.4.11 Traffic related complaints 57 2.5 Summary 60 x Chapter 3 The legislative provisions for establishing a municipal police service Page number 3.1 Introduction 62 3.2 Legislative basis for the introduction of municipal police service 62 3.2.1 The Constitution of the Republic of South Africa 62 3.2.2 The 1996 National Crime Prevention Strategy 63 3.2.3 The White 1998 Paper on Safety and Security 64 3.2.4 The South African Police Service Amendment (Act 83/1998) 65 3.2.4.1 Amendment of section 1 of Act 68 of 1995 as amended by section 1 of Act 41 of 1997 65 3.2.4.2 Interpretation of the substituted section 64 of the principal Act 66 3.2.4.3 Establishment of a municipal police service 66 3.2.4.4 Chief Executive Officer of the municipality 69 3.2.4.5 Executive Head of a municipal police service 69 3.2.4.6 First executive head of the municipal police service 70 3.2.4.7 Functions of municipal police service 70 3.2.4.8 Powers of members of a municipal police service 73 3.2.4.9 Proof of appointment 78 3.2.4.10 Procedure after arrest by members of a municipal police service 78 3.2.4.11 Legal proceedings against the municipal police service 78 3.2.4.12 Civilian oversight of the Municipal Police Service 78 3.2.4.13 Policing coordinating committee 79 3.2.4.14 Powers of the National Commissioner, Minister and Member xi of the Executive Council 79 3.3 Summary 82 xii Chapter 4 An overview of the development of law enforcement Page number 4.1 Introduction 83 4.2 The evolution of policing in South Africa 83 4.2.1 Policing during the European settlement 83 4.2.2 The South African Police Force 84 4.2.3 Crowd control in the eighties 87 4.2.4 The Durban City Police before 1994 87 4.2.5 Policing in the Townships 88 4.2.6 Changes in policing during the South African Police Force era 90 4.2.7 Policing in South Africa post 1994 91 4.2.7.1 Community Policing 91 4.2.7.2 Sector Policing 92 4.2.8 Summary of police styles practiced in South Africa 93 4.2.9 The Durban City Police under the South African Police Service Amendment act 83/1998 93 4.2.10 Private Policing 94 4.3 An overview of international police services 95 4.3.1 International police trends 95 4.3.1.1 Largo Police Department, Florida 95 4.3.1.2 Hains City Police Department, Florida 95 4.3.1.3 Clearwater Police Department, Florida 95 4.3.1.4
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