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A Critical Analysis of the Crime Prevention Role of the Military Police Division in the South African National Defence Force (Sandf)

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A Critical Analysis of the Crime Prevention Role of the Military Police Division in the South African National Defence Force (Sandf) A CRITICAL ANALYSIS OF THE CRIME PREVENTION ROLE OF THE MILITARY POLICE DIVISION IN THE SOUTH AFRICAN NATIONAL DEFENCE FORCE (SANDF) by ESEWU MXOLISI MATHEBULA submitted in accordance with the requirements for the degree of Doctor of Literature and Philosophy in the subject Police Science at the UNIVERSITY OF SOUTH AFRICA PROMOTER: PROF H.F. SNYMAN 08 AUGUST 2018 DEDICATION I dedicate this thesis to my parents, Paulus and Thandi Mathebula, who are such an inspiration to me. ii DECLARATION Name: Esewu Mxolisi Mathebula Student number: 38985462 Degree: Doctor of Literature and Philosophy in Police Science A critical analysis of the crime prevention role of the Military Police Division in the South African National Defence Force (SANDF) I declare that the above thesis is my own work and that all the sources that I have used or quoted have been indicated and acknowledged by means of complete references. Signed 08 August 2018 SIGNATURE DATE iii EDITOR’S DECLARATION DECLARATION I, Maria Petronella Roodt, hereby declare that I have proofread and edited the thesis titled A CRITICAL ANALYSIS OF THE CRIME PREVENTION ROLE OF THE MILITARY POLICE DIVISION IN THE SOUTH AFRICAN NATIONAL DEFENCE FORCE (SANDF) by ESEWU MXOLISI MATHEBULA. My qualifications are as follows: BA with major in English, BA Hons (English) and MA in English (Applied Linguistics) and an MA (Higher Education Studies) I have extensive experience in proofreading and editing and can be contacted at the following address: [email protected]. My telephone numbers are 051 507 3866/ 0822025167. MP Roodt 12 June 2018 iv ACKNOWLEDGEMENTS It gives me great pleasure to thank the following people and organisations for their contribution to my research study: 1. I give gratitude to God the Almighty for giving me the strength and wisdom to complete this research study; 2. Prof H.F. Snyman (promoter), for her support and professional guidance throughout my research study; 3. The University of South Africa for the financial support; 4. The Chief of Defence Intelligence for granting me the authority to conduct this research in the South African National Defence Force; 5. The then Provost Marshal General (PMG), Brigadier General T.S. Buhali, for allowing me to access information and to conduct interviews with members of the Military Police Division; 6. The members of the Military Police Division in Pretoria for taking part in this study; 7. The Officer Commanding Regional Works Unit Mpumalanga, Colonel M. Mbanjwa, for affording me the opportunity to study whilst working at his Unit; and 8. Finally, I would like to thank my family for allowing me time to study when I was supposed to be spending some time with them. v SUMMARY The purpose of this research study was to offer a critical analysis of the crime prevention role of the MPD in the SANDF. A recent development in SA where military personnel are deployed to quell acts of violence and xenophobic attacks, makes this requisite and pertinent research. A qualitative research method was adopted, which goes well with the pragmatist worldview. A pragmatist worldview affords researchers the flexibility to choose the type of technique, method and procedures to be utilised in the research study. A literature review was conducted, followed by interviews with members of the MPD. The researcher interviewed a total of 23 members from the MPD. These members were chosen based on their experience and knowledge as military police officials. The data received from participants was analysed using a computer software programme called Atlas.ti. The findings of this research study revealed that crime prevention in SA is the responsibility of the SAPS, not the SANDF. The defence force can be deployed as a last resort in extreme cases when the SAPS are not able to contain the situation. Members of the defence force are not trained to deal with matters of maintenance of law and order. However, the defence force has its own crime fighting component in the form of the MPD, which can perform policing functions anywhere and at any time as long as it is aimed at enforcing the Defence Act (Act 42 of 2002). The conclusion reached by this research study is that MPD members must be capacitated in terms of both human resources and training so that they are able to deal effectively with crime within the SANDF. In an effort to address crime within the SANDF, the study proposes a model that supports the interaction between various role players in crime prevention. vi Key concepts: corruption, crime, crime prevention, Constitution, DOD Anti- Criminality, fraud, Military Police, Police, Police Intelligence, South African Police Service vii Isifingqo Injongo yalolu cwaningo ukuhlolisisa nokuhlaziya igunya namandla okuvikela ubugebengu embuthweni wezokuvikela wase Ningizimu Afrika. Lolu cwaningo lusungulwe ngokubonakala kwentuthuko yakamuva ezenzweni zobugebengu eNingizimu Afrika lapho amalunga amasosha ethu agcina esefakwe emsebenzini wokuqeda udlame kanye nokuvikela kokuhlaselwa kwabokufika. I qualitative method indlela ucwaningo oluqhutshwa ngayo emhlabeni wonke olubheka ingqikithi nomsusa wesenzo lesi esisuke senzekile futhi kutholakele ukuthi loluhlobo lokucwaninga lusebenza kahle kakhulu. Ukwenza ucwaningo ngokuzikhandla kanye nokukhululeka kwenza abacwaningi basebenzise ubuhlakani babo kanye nezindlela ezingcono zokucwaninga, futhi zenza ukufunda ngocwaningo kuhambe kahle. Umcwaningi wabuyekeza izincwadi ezazisetshenzisiwe ngaphambilini waphinde wakhulumisana namalunga angamashumi amabili nantathu amaphoyisa wezokuvikela kwezwe phecelezi Military Police Division. Lamalunga akhethwa ngokuba ngomakade ebona futhi nangokuba mkantshubomvu kulomsebenzi wobuphoyisa embuthweni wezempi. Ubuciko bukangcondomshini obuthiwa yi-Atlas.ti buye basetshenziswa ukuhlunga kabanzi yonke imininingwane eye yatholakala kulamalunga. Okutholakele kulolu cwaningo kukhombisa ukuthi umsebenzi wokuvimbela ubulelesi ukuthi kungenzeki kungumsebenzi wamaphoyisa aseNingizimu Afrika (SAPS) kuphela, akuwona umsebenzi wombutho wezokuvikela. Umbutho wezokuvikela ungatshalwa kuphela njengendlela yokugcina ezimweni ezibucayi lapho khona amaphoyisa aseNingizimu Afrika engakwazi ukulungisa noma ukumelana nesimo. Ngaphezu kwalokho, amalungu ombutho wezokuvikela aweqeqeshelwe ukulwa nobugebengu. Umbutho wezokuvikela unebutho eliqeqeshelwe ukulwa ubugebengu kanye nokwephulwa komthetho lelo butho amaphoyisa wombutho wezokuvikela phecelezi Military Police Division. viii Isiphetho salolu cwaningo ukuthi amaphoyisa ombutho wezokuvikela kufanele anikezwe zonke izinsiza ezifanele aphinde aceceshwe kanzulu ukuze akwazi ukumelana kanye nokuceda ubugebengu embuthweni wezokivikela. Ukuze kubhekwe ubugebengu ngaphakathi kwi SANDF, umfuziselo olwatuswa olusekela ukusebenzisana phakathi kwabo bonke ababambe iqhaza ezinhlakeni ezahlukene ekuvimbeleni ubugebengu. Izinhlaka ezimiselwe: inkohlakalo, ubulelesi, ukuvikela ubugebengu, umgaqosiseko, DOD Abangavumelani nobugebengu, ukukhwabanisa, amaphoyisa wombutho wezokuvikela, amaphoyisa, amaphoyisa wezobuntlola, amaphoyisa aseningizimu afrika. ix ISISHWANKATHELO Injongo yolu phando kukunikezela ngohlalutyo oluntsonkothileyo ngendima yeMPD kwi SANDF, yokuthintela ulwaphulo-mthetho. Iziganeko zakutsha nje eMzantsi Afrika, apho kuye kwafuneka ukuba abasebenzi bomkhosi wokhuselo bathunyelwe ukuya kunqanda izenzo zobundlobongela nokuhlaselwa kwabemi bangaphandle, zenza ukuba olu ibe luphando olunyanzelekileyo nolubalulekileyo. Indlela yophando ngokwexabiso isetyenzisiwe, iyeyona ihambelana kakuhle nendlela ebona ngeliso elibanzi kwilizwe jikelele. Indlela ebona ngeliso elibanzi kwilizwe jikelele yeyona inika abaphandi inkululeko yokukhetha ubuchule, umgaqo kunye nenkqubo enokusetyenziswa kuphando olo. Uhlalutyo lwemibhalo luye lwenziwa, kwalandela udliwano ndlebe namalungu eMPD. Umphandi wenze udliwano-ndlebe namalungu eMPD angama-23 ewonke. La malungu akhethwe ngenxa yamava kunye nolwazi analo njengabasebenzi bomkhosi wezokhuselo. Iinkcukacha ezifumaneke kwabo bathathe inxaxheba ziye zahlalutywa kusetyenziswa ubuchwepheshe bekhompyutha obubizwa ngokuba yi-Atlas.ti. Ulwazi olufumaneke kolu phando lubonise ukuba ukunqandwa kolwaphulo mthetho eMzantsi Afrika luxanduva lweSAPS, hayi olweSANDF. Igqiza lomkhosi wokhuselo linakho ukuthunyelwa ngondancama xa kukho iimeko eziqatseleyo, xa i-SAPS isoyiswa kukumelana nesimo. Amalungu womkhosi wokhuselo awakuqeqeshelwanga ukujongana neemeko zokugcinwa komthetho. Nangona kunjalo, amalungu womkhosi wokhuselo analo icandelo lokulwa ulwaphulo-mthetho eliyi-MPD, elelona candelo elikwaziyo ukwenza umsebenzi wesipolisa naphina kwaye nanini na ekubeni nje inyanzelisa umthetho obizwangokuba yi-Defence Act (Umthetho wama- 42 wonyaka wama-2002). Xa beluqukumbela olu phando bafumanise ukuba amalungu weMPD kufuneka axhotyiswe ngokunikwa abasebenzi abafanelekileyo nangokuqeqeshwa x ukwenzela ukuba bakwazi ukugagana ngokufanekelikelyo nolwaphulo mthetho ngaphakathi kwiSANDF. Kwiinzame zokujongana nolwaphulo mthetho kwiSANDF, olu phando luphakamisa ukuba kubekho indlela yokusebenza exhasa unxibelelwano phakathi kwabathathi nxaxheba abahlukeneyo ekuthinteleni ulwaphulo mthetho. Izihloko ezikhokhelayo: Ubuqhophololo, ulwaphulo mthetho, ukunqanda ulwaphulo mthetho, umgaqo siseko, ukulwa nolwaphulo mthetho kumkhosi wokhuselo, urhwaphilizo, amapolisa omkhosi wokhuselo, amapolisa, linkcubabuchopho zamapolisa, amapolisa Asemzansi Afrika. xi LIST OF ACRONYMS APLA - Azanian Peoples’ Liberation Army ASB - Army Support Base AU - African Union BDF - Botswana Defence Force
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