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The Privatisation of Security in South Africa: Selected Case Studies

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The Privatisation of Security in South Africa: Selected Case Studies THE PRIVATISATION OF SECURITY IN SOUTH AFRICA: SELECTED CASE STUDIES BY Anthony F. J. Botha Submitted in partial fulfilment of the requirements for the degree of Doctor Philosophiae (Political Science) UNIVERSITY OF PRETORIA FACULTY OF HUMANITIES SUPERVISOR: PROF. M. HOUGH January 2015 ACKNOWLEDGEMENTS I firstly wish to express my sincere appreciation to my supervisor Professor Mike Hough for his guidance, patience, advice, and encouragement with this study. I further want to express my gratitude to: - Mrs Wilma Martin for her assistance. - Alett Nell for her assistance with, searches for, and the obtaining of inter- library and some internet sources, which in some instances were very difficult to get hold off. - The staff of The National Library of South Africa (NLSA), for hours of searches in the library`s archives for sources and material, which in some instances, were older than a century. I specifically want to single out and extend my sincere gratitude to Mrs Corinne Phillips for her assistance, and going beyond the call of duty to expedite searches and the making of copies. - Former Police Commissioner George Fivaz for availing himself for discussions on the reciprocal effect, and nexus between policing and private security, and for his comments and advice with the structuring of Chapter 3. Lastly, I also want to express my sincere gratitude to my life partner Lourraine, and my children Lisande, Ryno, and Christine for their understanding and support, and for unselfishly allowing me the time to complete this study. i TABLE OF CONTENTS CHAPTER 1 PAGE INTRODUCTION 1 1. IDENTIFICATION OF THE RESEARCH THEME 1 2. STUDY OBJECTIVES 6 3. LITERATURE REVIEW 6 4. FORMULATION AND DEMARCATION OF THE RESEARCH PROBLEM 9 5. METHODOLOGY 11 6. STRUCTURE OF THE RESEARCH 13 7. REFERENCES 15 CHAPTER 2 SECURITY AND THE PRIVATISATION OF SECURITY: A CONCEPTUAL FRAMEWORK 22 1. INTRODUCTION 22 2. THE HISTORY AND DEVELOPMENT OF THE CONCEPT OF SECURITY 23 2.1 Pre-modern security 24 2.2 The Peace Treaty of Westphalia and the rise of the Weberian nation- state 26 2.3 The 20th century security phenomenon 27 3. THE CONCEPT OF SECURITY 28 3.1 Traditional meaning of security – The Cold War era 29 3.2 The broadened view of security 31 3.2.1 Threats to security 32 3.2.1.1 Sources of threats 32 3.2.1.2 Levels of threats 34 3.2.1.3 Securitization and the UN`s view on non-military threats and globalism 35 4. THIRD WORLD SECURITY 37 4.1 Nature of Third World security 38 4.2 Weak and strong states 39 5. THE ROLE OF THE STATE IN PROVIDING SECURITY 41 5.1 The role of the state as protector and provider of security 41 5.2 The psychological effects of the individual`s perception of insecurity 45 6. THE PRIVATISATION OF SECURITY – GLOBAL TRENDS 46 6.1 Privatisation of security 47 6.2 The private security industry 50 6.3 Business and community initiatives as global trend in the privatisation of security 53 6.3.1 Organised business and broader community involvement in the privatisation of security 54 ii 6.3.2 Legal individual and local community initiatives 55 6.3.2.1 Gated communities 56 6.3.2.2 Neighbourhood involvement and Community Police Forums 56 6.3.3 Vigilantism 58 7. CONCLUSION 59 8. REFERENCES 61 CHAPTER 3 AN OVERVIEW OF TRENDS IN AND OFFICIAL RESPONSES TO CRIME IN SOUTH AFRICA FROM 1912 TO 2010 77 1. INTRODUCTION 77 2. CRIME TRENDS IN THE PERIOD 1912- 1958: A MILITARISED POLICE 77 2.1 Crime trends in the period 1912 to 1947: The urbanisation of crime 78 2.2 Crime trends and related events in the period 1948-1950: Increased regulation of the movement of black people 79 2.3 Crime trends, public and police responses to crime in the period 1950-1957: Resistance against influx-control and political unrest 80 3. THE POLICE ACT OF 1958 AND CRIME TRENDS IN THE PERIOD 1958-1994 82 3.1 Crime trends in the period 1958-1980: Emphasis on threats of subversion 82 3.2 Crime trends in the period 1980-1989: Increased unrest and sabotage 85 3.3 Crime trends in the period 1990-1994: The advent of transformation 89 4. THE TRANSFORMATION OF THE SAP AND CRIME TRENDS SINCE 1994 93 4.1 Crime trends and official responses in the period 1994-2000: The period of police transformation 93 4.1.1 Crime trends in the period 1994-2000: Increases in crime levels 94 4.1.2 Official responses to crime in the period 1994-2000: Acknowledgement of high crime levels and the announcement of the National Crime Prevention Strategy 96 4.2 Crime trends and official responses in the period 2001-2005: Decreases in violent crime and the emergence of new crime trends 102 4.2.1 Crime trends in the period 2001-2005: Decreases in overall crime levels 102 4.2.2 Official responses to crime in the period 2001-2005: A multi-disciplinary approach in combating crime 105 4.3 Crime trends and official responses in the period 2006-2010: High visible policing and continued decreases in levels of some crime categories 107 4.3.1 Crime trends in the period 2006-2010: Increased prominence of Corruption 108 4.3.2 Official responses to crime in the period 2006-2010: Internal management and discipline problems and the implementation of a recovery programme 113 iii 5. CRIME, DISCIPLINARY AND MANAGEMENT PROBLEMS IN THE SAPS 116 6. CONCLUSION 118 7. REFERENCES 121 CHAPTER 4 THE ROLE OF THE PRIVATE SECURITY INDUSTRY IN SOUTH AFRICA 138 1. INTRODUCTION 138 2. THE PRIVATE SECURITY INDUSTRY IN SOUTH AFRICA IN THE PERIOD 1958 – 1986: ABSENCE OF GOVERNMENT REGULATION 139 2.1 The origin of the South African private security industry 139 2.2 Regulation and structure of the South African private security industry in the period 1958 – 1986 143 2.2.1 The Security Association of South Africa 143 2.2.2 The South African Security Federation 144 2.2.3 The South African National Employer`s Association 145 2.2.4 The South African Council of Civil Investigators 145 2.3 Role and functions of the South African private security industry in the period 1958 – 1986 145 3. THE PRIVATE SECURITY INDUSTRY IN SOUTH AFRICA IN THE PERIOD 1987 – 2000: POLITICAL CHANGES, TRANSFORMATION AND GROWTH 147 3.1 Regulation of the private security industry in South Africa 148 3.1.1 The Security Officers Act, Act No. 92 of 1987 148 3.1.2 The Security Officers Amendment Act, Act No. 104 of 1997 149 3.1.3 The Criminal Law Second Amendment Act, Act No. 126 of 1992 and the Judicial Matters Amendment Act, No. 34 of 1998 150 3.1.4 The Firearms Control Act, Act No. 60 of 2000 153 3.2 Role and extent of the private security industry 154 3.3 An assessment of the role and functions of the private security industry in combating crime 158 4. THE PRIVATE SECURITY INDUSTRY IN SOUTH AFRICA IN THE PERIOD 2001 – 2010: INCREASED GOVERNMENT CONTROL AND REGULATION 159 4.1 The regulation of the South African private security industry 160 4.1.1 The Private Security Industry Regulation Act, Act No. 56 of 2001 161 4.1.2 The regulation of private investigators and intelligence operators 165 4.1.3 The Private Security Industry Regulations of 2002 and related legislation 168 4.1.4 The establishment of the Government Security Sector Council 169 4.1.5 Growth of the private security industry in the period 2001- 2010 171 4.2 The role of the private security industry 173 4.2.1 Categories of security services available in South Africa 173 4.2.2 Gradual assumption of police functions by the private security industry 175 iv 4.3 An assessment of the role of the private security industry in South Africa in the combating of crime 177 4.3.1 Public perceptions of private security 178 4.3.2 Official views on the private security industry in South Africa 181 4.3.3 Current and potential role of the private security industry in combating crime 183 4.3.4 Cooperation between the SAPS and the private security industry 187 5. CONCLUSION 190 6. REFERENCES 193 CHAPTER 5 COMMUNITY CRIME COMBATING INITIATIVES IN SOUTH AFRICA 214 1. INTRODUCTION 214 2. HISTORICAL OVERVIEW OF LEGAL AND ILLEGAL COMMUNITY CRIME COMBATING INITIATIVES IN SOUTH AFRICA PRIOR TO 1994 215 2.1 Defining ‘legal’ and ‘illegal’ civil society crime combating initiatives 215 2.2 Legal crime combating initiatives 217 2.2.1 Public perceptions of security 217 2.2.2 Neighbourhood watch systems in urban areas 220 2.2.3 Gated communities, enclosures and similar security measures 221 2.2.4 The Makgotla 222 2.2.5 Rural areas and private protection initiatives 223 2.3 Illegal crime combating initiatives 225 2.3.1 Self Defence Units and alternative structures 225 2.3.2 Vigilantism, mob justice and gangsterism 228 2.3.3 White right-wing vigilantism 231 2.4 Coordination of crime combating initiatives prior to 1994 232 3. LEGAL COMMUNITY CRIME COMBATING INITIATIVES IN THE PERIOD 1994-2010 235 3.1 Neighbourhood watch, patrols and similar systems 236 3.2 Viability and successes of neighbourhood watch and other initiatives in urban areas 238 3.3 Rural protection initiatives 240 3.4 Gated communities (enclosed neighbourhoods) and private security villages 241 3.5 Closed circuit television cameras and other technology 243 3.5.1 Closed circuit television cameras 244 3.5.2 eBlockwatch 246 3.5.3 Crime Line 248 3.5.4 Coordination of initiatives, perceptions and civil society security 249 4.
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