DOCSLIB.ORG

Research Unit: SAPS Provincial Budget Allocation 2018/19

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Research Unit: SAPS Provincial Budget Allocation 2018/19 9 April 2018 SAPS PROVINCIAL BUDGET ALLOCATION 2018/19 ______________________________________________ CONTENTS 1. INTRODUCTION .................................................................................................................................. 1 2. SAPS PROVINCIAL ALLOCATION – INCLUDING COMPENSATION OF EMPLOYEES 2016/17 – 2018/19 ............................................................................................................................................... 2 3. CONSTRUCTION AND PLANNED MAINTENANCE OF POLICE STATIONS ALLOCATION IN 2018/19 (INCLUDING SECURITY / PERIMETER FENCING) ............................................................................... 4 3.1 POLICE STATIONS PRIORITISED FOR CONSTRUCTION AND PLANNED MAINTENANCE PER PROVINCE .......................................................................................................................................... 4 3.2 POLICE RESOURCING: EQUALITY COURT CASE CHALLENGING SAPS THEORETICAL HUMAN RESOURCE REQUIREMENT ............................................................................................................... 7 3.2 IMPLEMENTATION OF THE FIREARMS CONTROL ACT, 2000 ............................................................ 9 4. CONCLUSION ................................................................................................................................... 10 5. SOURCES ......................................................................................................................................... 11 ______________________________________________________ 1. INTRODUCTION The mandate of the National Council of Provinces is to ensure that provincial interests are taken into account in Parliament’s legislative and other processes, including considering and passing the Budget. The Select Committee on Security and Justice oversees the South African Police Services (SAPS), which tables its national budget vote in Parliament. The SAPS is responsible for Outcome 3 (ensuring that all people are and feel safe) of the National Development Plan 2030, which inter alia emphasises building safer communities, fighting corruption and promoting accountability. Although the SAPS is a national department, it has provincial offices headed by Provincial Commissioners responsible for policing in their respective provinces. As the Select Committee has a particular interest in the provincial allocations of the SAPS, this paper provides information on the 2018/19 allocation to provinces from the national budget of the SAPS. Provincial allocations are not included in the Police’s budget vote information contained in the Estimates of National Expenditure tabled in Parliament. 1 The budget information in this paper is based largely on written responses from the SAPS to requests for information sent in 2017 and 2018; and should be read together with the overview and analysis of the SAPS national budget (Vote 23). 2 1 National Treasury (2018). Estimates of National Expenditure. Police Budget Vote 23. 2 See paper “Overview of the Police Portfolio Budget 2018/19” by N van Zyl-Gous. 1 Research Unit | Author Name: Patricia Whittle Author Contact Details: (021) 403-8306 The 2018/19 Budget allocation of the South African Police Service (SAPS) is R91.8 billion (representing a nominal increase of 5.82%) compared to the R86.8 billion SAPS received in 2017/18.3 Of this budget, R54.4 billion has been allocated to provinces in 2018/19, compared to R48.7 billion (R48 722 115 000) in 2016/17.4 In December 2017, the SAPS personnel figure was 26 810 compared to a population figure of 14 278 700. This brought the police / population ratio to 532.6:15, which is higher than the national police/population ratio of 369 citizens for every police officer in 2016 (based on the 2016 mid-year population estimate of 55 908 900).6 The following are noteworthy in respect of the SAPS provincial allocations generally: Provincial allocations are in most part managed by the SAPS national office – these include compensation of employees, appointments, promotions and increases in benefits. Expenditure is recorded per station, unit and province.7 Allocations exclude national competencies located in provinces like forensic services, crime scene management, technology management, mechanical services and facility management payments. Certain operational items/ aspects i.e. uniforms, ammunition, firearms, IT products and services, erection and purchase of new facilities, leasing of facilities and municipal services for all facilities, are separately funded by the Head Office divisions. Certain competencies performed in provinces report directly to divisions responsible for their expenditure. These include Training Institutions, Crime Intelligence, Forensic Services, Protection and Security Services, National Intervention Units, Task Force, Internal Audit and SAPS garages. 2. SAPS PROVINCIAL ALLOCATION – INCLUDING COMPENSATION OF EMPLOYEES 2016/17 – 2018/198 TOTAL: R 54 354 095 000 3 National Treasury (2018). Estimates of National Expenditure. Police Budget Vote 23. 4 Information on 2017/18 provincial allocation not available at time of writing. 5 South African Police Service (2017). Annual Report 2016/2017. p28. According to StatsSA the 2016 population estimate was 55 653 654. 6 South African Police Service (2017) 7 South African Police Service (2017) 8 South African Police Service (2018). 2 Research Unit: SAPS Provincial Budget Allocation 2018/19 In 2018/19, Gauteng once again receives the highest allocation of R12 176 857 000 (an increase of R 774 956 000 compared to 2017/18). The second highest allocation went to KwaZulu-Natal with R9 210 455 000 (an increase of R 711 471 000 compared to 2017/18). The third highest allocation went to the Western Cape with R 7 316 481 000 (an increase of R 590 003 000 compared to 2017/18). The Eastern Cape received the fourth highest allocation in 2018/19, namely R7 083 866 000 (an increase of R 475 599 000 compared to 2017/18). 2.1 OPERATIONAL BREAKDOWN 2013/14 – 2017/18 Only operational funding is physically allocated to provincial commissioners for the management of operational expenditure in their respective provinces. The provinces with the highest provincial allocations (Gauteng, KwaZulu-Natal, Eastern Cape and Western Cape) also have the highest operational budgets. For the first time, KwaZulu-Natal’s operational budget exceeds R1 billion. 2013/14 2014/15 2015/16 2016/179 2017/1810 R’000 R’000 R’000 R’000 R’000 Western Cape 700 025 693 746 711 558 725 762 998 766 648 000 Northern Cape 263 351 264 520 271 461 270 581 685 301 020 000 Free State 412 103 412 679 423 227 430 275 672 465 200 000 Eastern Cape 740 608 739 460 759 026 776 207 439 824 890 000 KwaZulu-Natal 955 916 950 841 974 482 994 971 160 1 070 332 000 Mpumalanga 374 812 376 642 386 236 390 768 626 426 962 000 Limpopo 473 192 476 934 489 257 490 275 011 531 959 000 Gauteng 1 287 665 1 252 477 1 284 255 1 272 681 775 1 393 252 000 North West 429 835 431 092 442 773 439 473 348 489 331 000 Comments SAPS indicated on 9 April 2018 that the current allocated staff establishment at police stations of 120 475, (a) will not be affected by the reduction in the compensation budget of the SAPS and (b) will be increased by filling the 7 000 vacant posts at police stations caused by the re-establishment of specialised units.11 SAPS should also provide information on (a) its progress regarding the reinstatement of specialised crime fighting units like the Family Violence, Child Protection and Sexual 9 South African Police Service (2017) 10 South African Police Service (2017) 11 South African Police Service (2018) 3 Research Unit: SAPS Provincial Budget Allocation 2018/19 Offences (FCS) at police stations to address the high crime rates, and (b) how much of the operational budgets will be utilised for this purpose. 3. CONSTRUCTION AND PLANNED MAINTENANCE OF POLICE STATIONS ALLOCATION IN 2018/19 (INCLUDING SECURITY / PERIMETER FENCING) Construction and maintenance of police stations comes from the SAPS national Capital Works budget. In 2018/19, an amount of R822.2 million was ring-fenced for the building and upgrading of police stations. SAPS provided the following information in respect of its 2018/19 Capital Works allocation, which includes installing or upgrading security measures like perimeter fencing. CATEGORY AMOUNT Capital Works: Annual Performance Plan 2018/2019 25 582 239 Capital Works: Building Programme 2018/2019 132 454 793 Planned Maintenance: Annual Performance Plan 2018/2019 10 600 000 Planned Maintenance: Building Programme 2018/2019 51 900 000 Grand Total 220 537 032 COMMENTS SAPS should elaborate more on the type of maintenance / security upgrades planned for the listed stations below and the motivation for each. 3.1 POLICE STATIONS PRIORITISED FOR CONSTRUCTION AND PLANNED MAINTENANCE PER PROVINCE NO PROVINCE STATION AMOUNT 1 Eastern Cape Afsondering 1 300 000 2 Indwe 4 000 000 3 Huku 10 000 000 4 Katkop 600 000 5 Mdeni 10 000 000 6 Moyeni 4 000 000 7 Mthombe 10 000 000 8 Mqanduli 3 500 000 9 Ntamonde 10 000 000 4 Research Unit: SAPS Provincial Budget Allocation 2018/19 NO PROVINCE STATION AMOUNT 10 Eastern Cape Pholile 1 363 879 11 Qhasa 4 500 000 12 Tabase 10 000 000 13 Tafalehashe 10 000 000 14 Tshiame (Makgolokweng) 4 000 000 15 Free State Tweeling 4 000 000 16 Ennerdale 6 960 063 Gauteng Tshwane College 17 19 000 000 (Pretoria West) 18 Dondotha 8 000 000 19 Kwa-Nocomboshe 8 000 000 20 KwaZulu-Natal Mtunzini 6 000 000 21 Nsuze 4 000 000 22
Load more

Recommended publications
  • Armed Response: an Unfortunate Legacy of Apartheid
    Journal of Comparative Urban Law and Policy Volume 1 Issue 1 Study Space IX Cape Town, South Africa Article 12 2017 Armed Response: An Unfortunate Legacy of Apartheid Leila Lawlor Georgia State University, [email protected] Follow this and additional works at: https://readingroom.law.gsu.edu/jculp Part of the Comparative and Foreign Law Commons, Environmental Law Commons, Land Use Law Commons, and the Urban Studies Commons Recommended Citation Lawlor, Leila (2017) "Armed Response: An Unfortunate Legacy of Apartheid," Journal of Comparative Urban Law and Policy: Vol. 1 : Iss. 1 , Article 12. Available at: https://readingroom.law.gsu.edu/jculp/vol1/iss1/12 This Article is brought to you for free and open access by Reading Room. It has been accepted for inclusion in Journal of Comparative Urban Law and Policy by an authorized editor of Reading Room. For more information, please contact [email protected]. Lawlor: Armed Response ARMED RESPONSE: AN UNFORTUNATE LEGACY OF APARTHEID Leila Lawlor1 ABSTRACT After apartheid was repealed in South Africa, the country’s system of forced segregation officially ended. Vestiges of racial discrimination remain, however, including spatial segregation in housing, income inequality, and huge disparities in the government’s provisioning of basic services. The poorest of South Africa’s citizens live in peripheral communities, far from city centers and employment hubs. The poorest communities often lack safe streets and safe toilets. Whereas wealthier South Africans are able to pay private policing companies to provide armed security, those in the poorest of communities must live with regular fear of violent crime. The problem is compounded by a flawed method of allocating police resources, which has resulted in unequal distribution of government-provided security.
    [Show full text]
  • Armed Response: an Unfortunate Legacy of Apartheid
    Georgia State University College of Law Reading Room Faculty Publications By Year Faculty Publications 2017 Armed Response: An Unfortunate Legacy of Apartheid Leila Lawlor Follow this and additional works at: https://readingroom.law.gsu.edu/faculty_pub Part of the Civil Rights and Discrimination Commons, Comparative and Foreign Law Commons, Law Enforcement and Corrections Commons, and the Property Law and Real Estate Commons Lawlor: Armed Response ARMED RESPONSE: AN UNFORTUNATE LEGACY OF APARTHEID Leila Lawlor1 ABSTRACT After apartheid was repealed in South Africa, the country’s system of forced segregation officially ended. Vestiges of racial discrimination remain, however, including spatial segregation in housing, income inequality, and huge disparities in the government’s provisioning of basic services. The poorest of South Africa’s citizens live in peripheral communities, far from city centers and employment hubs. The poorest communities often lack safe streets and safe toilets. Whereas wealthier South Africans are able to pay private policing companies to provide armed security, those in the poorest of communities must live with regular fear of violent crime. The problem is compounded by a flawed method of allocating police resources, which has resulted in unequal distribution of government-provided security. The situation is now dismal for many township residents, but hope has emerged through the efforts of concerned activists, clever urban designers, and many of the residents themselves. With focus on safety, land justice, and education,
    [Show full text]
  • (And Democracy) in South Africa
    Twenty years of punishment (and democracy) in South Africa The pitfalls of governing crime through the community Gail Super* [email protected] http://dx.doi.org/10.4314/sacq.v48i1.1 This article examines how the ideology of ‘community’ is deployed to govern crime in South Africa, both by marginalised black communities and by the government. Although the turn to ‘community’ started under the National Party government in the late 1970s, there is no doubt that as a site, technology, discourse, ideology and form of governance, ‘community’ has become entrenched in the post-1994 era. Utilising empirical data drawn from ethnographic research on vigilantism in Khayelitsha, as well as archival materials in respect of ANC policies and practices before it became the governing party, I argue that rallying ‘communities’ around crime combatting has the potential to unleash violent technologies in the quest for ‘ethics’ and ‘morality’. When community members unite against an outsider they are bonded for an intense moment in a way that masks the very real problems that tear the community apart. Because violent punishment is one of the consequences of the state’s turn towards democratic localism, we should question the way in which the ‘community’ is deployed as a tool of crime prevention, and subject it to rigorous scrutiny. With the advent of formal democracy in South in 2004, South Africa has the highest incarceration Africa in April 1994 one might have been justified rate in Africa and one of the highest in the world.2 In in expecting that the criminal justice system would 2013, the number of people serving life imprisonment become less punitive and that this would entail stood at 11 000, as opposed to 400 in 1994.3 less reliance on imprisonment as a punishment Democratisation has thus brought with it a dramatic par excellence.1 However, although the numbers in increase in long-term prison sentences, ranging custody have been reduced since an all-time high from seven years to life.
    [Show full text]
  • Citizen's Co-Production of Public Safety As a Symptom of State Failure: the Case of South African Vigilantism
    Journal of Comparative Urban Law and Policy Volume 1 Issue 1 Study Space IX Cape Town, South Africa Article 11 2017 Citizen's Co-Production of Public Safety as a Symptom of State Failure: The Case of South African Vigilantism Dawid Szescilo University of Warsaw, [email protected] Follow this and additional works at: https://readingroom.law.gsu.edu/jculp Part of the Comparative and Foreign Law Commons, Environmental Law Commons, Land Use Law Commons, and the Urban Studies Commons Recommended Citation Szescilo, Dawid (2017) "Citizen's Co-Production of Public Safety as a Symptom of State Failure: The Case of South African Vigilantism," Journal of Comparative Urban Law and Policy: Vol. 1 : Iss. 1 , Article 11. Available at: https://readingroom.law.gsu.edu/jculp/vol1/iss1/11 This Article is brought to you for free and open access by Reading Room. It has been accepted for inclusion in Journal of Comparative Urban Law and Policy by an authorized editor of Reading Room. For more information, please contact [email protected]. Szescilo: Citizen's Co-Production of Public Safety CITIZEN’S CO-PRODUCTION OF PUBLIC SAFETY AS A SYMPTOM OF STATE FAILURE: THE CASE OF SOUTH AFRICAN VIGILANTISM Dawid Sześciło1 ABSTRACT The growing interest in co-production of public services reflects the need to liberate from the dichotomy between state and market provision. Whereas the concept of co-production is not new, it gained broader recognition among public administration scholars in recent years. What is characteristic for the academic discourse on this idea, is a strong focus on the benefits of co- production such as effectiveness, efficiency, responsiveness and quality of public services.
    [Show full text]
  • Twenty Years of Punishment (And Democracy) in South Africa
    Twenty years of punishment (and democracy) in South Africa The pitfalls of governing crime through the community Gail Super* [email protected] http://dx.doi.org/10.4314/sacq.v48i1.1 This article examines how the ideology of ‘community’ is deployed to govern crime in South Africa, both by marginalised black communities and by the government. Although the turn to ‘community’ started under the National Party government in the late 1970s, there is no doubt that as a site, technology, discourse, ideology and form of governance, ‘community’ has become entrenched in the post-1994 era. Utilising empirical data drawn from ethnographic research on vigilantism in Khayelitsha, as well as archival materials in respect of ANC policies and practices before it became the governing party, I argue that rallying ‘communities’ around crime combatting has the potential to unleash violent technologies in the quest for ‘ethics’ and ‘morality’. When community members unite against an outsider they are bonded for an intense moment in a way that masks the very real problems that tear the community apart. Because violent punishment is one of the consequences of the state’s turn towards democratic localism, we should question the way in which the ‘community’ is deployed as a tool of crime prevention, and subject it to rigorous scrutiny. With the advent of formal democracy in South in 2004, South Africa has the highest incarceration Africa in April 1994 one might have been justified rate in Africa and one of the highest in the world.2 In in expecting that the criminal justice system would 2013, the number of people serving life imprisonment become less punitive and that this would entail stood at 11 000, as opposed to 400 in 1994.3 less reliance on imprisonment as a punishment Democratisation has thus brought with it a dramatic par excellence.1 However, although the numbers in increase in long-term prison sentences, ranging custody have been reduced since an all-time high from seven years to life.
    [Show full text]
  • Developing a New Policing Reform Agenda
    APCOF Policy Paper 15 Februay 2017 Substantive areas of police reform: Developing a new policing reform agenda Melanie Lue Dugmore Introduction Against a framework for democratic policing, this paper provides the reader with an accessible overview of the extensive policing reform agenda in South Africa over the democratic period. Mindful of the still-pending review of the South African Police Act, it provides a summary of some of the key issues that should be considered. The paper addresses substantive reform in the following thematic areas: • The protection of human rights and demilitarisation, with particular emphasis on public order policing; • Independence and operational autonomy of policing institutions and oversight bodies; and • Police responsiveness, efficiency and professionalism. This forms the basis for revisiting outstanding police reform imperatives that should be addressed in an agenda for change. The recommendations proposed in this paper are not new. They have been consistently addressed by judicial commissions of inquiry, task teams, parliament, the Ministry of Police and by the police themselves. Given the vast range of reform initiatives, including those pertinent to areas such as systems and logistics management, democratic policing principles were used as a lens to focus the study on those areas of reforms relevant to the interaction between police and civilians. David Bayley identifies two essential features of policing in a democracy: responsiveness and accountability.1 A democratic police service ‘responds to
    [Show full text]
  • Report on a Dialogue on Human Rights and Policing May 2018
    REPORT ON A DIALOGUE ON HUMAN RIGHTS AND POLICING 2–3 May 2018 Johannesburg, South Africa Hosted by African Policing Civilian Oversight Forum In partnership with the South African Human Rights Commission REPORT ON A DIALOGUE ON HUMAN RIGHTS AND POLICING 2–3 May 2018 Johannesburg, South Africa Hosted by African Policing Civilian Oversight Forum In partnership with the South African Human Rights Commission Building 2B, Suite 16 Waverley Business Park Wyecroft Road Mowbray 7925 South Africa Tel: +27 21 447 2415 Fax: +27 21 447 1691 Email: [email protected] Web: www.apcof.org.za Copyright © African Policing Civilian Oversight Forum, 2018 Designed, typeset and proofread by COMPRESS.dsl www.compressdsl.com Contents Acronyms and abbreviations iv 1 Background 1 2 Policing and the safeguarding of human rights 2 Discussion points 3 3 Decriminalisation of petty crime and the governance of poverty 4 Discussion points 6 4 Safety and development in informal neighbourhoods 7 Discussion points 8 5 Police oversight within a human rights framework 10 Discussion points 13 6 Closing 14 7 Afterword 15 Endnotes 16 Participants 17 Acronyms and abbreviations ACHPR African Commission on Human and Peoples’ Rights / African Charter on Human and Peoples’ Rights APCOF African Policing Civilian Oversight Forum CJS Criminal justice system CoGTA Department of Cooperative Governance and Traditional Affairs CPA Criminal Procedure Act CPF Community policing forum CSC Community service centre CSIR Council for Scientific and Industrial Research CSO Civil society organisation
    [Show full text]
  • Policing Needs and Priorities Report 2019
    POLICING NEEDS AND PRIORITIES 2019 Secretariat for Safety and Security Policing Needs and Priorities 2019 TABLE OF CONTENTS TABLE OF ACRONYMS___________________________________________________________________________ 4 FOREWORD BY THE WESTERN CAPE MINISTER OF COMMUNITY SAFETY _________________________ 6 1. INTRODUCTION ________________________________________________________________________________8 1.1. Mandate and programmes of the Department of Community Safety 9 1.2. Public consultations to determine the PNPs 11 2. PROFESSIONAL POLICING IN THE WESTERN CAPE _____________________________ 13 2.1. Measuring professional policing 14 2.2. Evidence-based professional policing 16 3. CRIME, HARM AND SAFETY IN THE WESTERN CAPE ___________________________ 17 3.1. Priority crime 18 3.2. Reducing violence by reducing murder 22 3.2.1. Murder: contributing factors 24 3.2.2. Murder: day, time and tool 25 3.3. Attempted murder 25 3.4. Gang-related murder and attempted murder 26 3.5. Robbery 28 4. RESPONDING TO PRIORITY CRIME IN THE WESTERN CAPE _________________ 32 4.1. Policing informal areas (and where crime occurs) 32 4.1.1. Where crime occurs 33 4.1.2. Sector policing and the focused policing of informal neighbourhoods 34 4.2. Gender-based and domestic violence 36 4.2.1. DVA station audits 40 4.3. Violence, alcohol and the Alcohol Harms Reduction Game Changer 45 4.3.1. AHR developments during 2016/2017 47 4.3.2. Reported crime and PNP feedback in AHR pilot areas 48 4.4. Gang-related crime and the provincial response to the National Anti-Gangsterism Strategy 52 Western Cape Government | Community Safety 1 Policing Needs and Priorities 2019 5. SUMMARY OF FINDINGS OF THE POLICING NEEDS AND PRIORITIES PUBLIC CONSULTATIONS, 2017/2018 ________________________ 57 5.1.
    [Show full text]
  • South African Inquiries Into Policing, 1910-2015
    South African inquiries into policing, 1910-2015 Annie Kok and Elrena van der Spuy Contents Centre of Criminology University of Cape Town Introduction ��������������������������������������������������������������������������������������������������������������������������������������������������������������������������������1 Inquiries ��������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������4 Report of the Witwatersrand Disturbances Commission ������������������������������������������������������������������������������������������������������������4 Report of the Commission appointed to enquire into Assaults on Women ��������������������������������������������������������������������������������4 Report of the Indian Enquiry Commission ����������������������������������������������������������������������������������������������������������������������������������5 The Public Service Commission of Inquiry ����������������������������������������������������������������������������������������������������������������������������������5 Report of the Select Committee on Police Striking and Recruiting ��������������������������������������������������������������������������������������������5 Report of the Commissioner appointed to hold an enquiry regarding alleged ill-treatment of natives by members of the police force during the recent native unrest at Johannesburg ����������������������������������������������������������������������������������������������������6
    [Show full text]
  • South Africa: Sexual Orientation and Gender Identity
    Country Policy and Information Note South Africa: Sexual orientation and gender identity Version 1.0 July 2017 Preface This note provides country of origin information (COI) and policy guidance to Home Office decision makers on handling particular types of protection and human rights claims. This includes whether claims are likely to justify the granting of asylum, humanitarian protection or discretionary leave and whether – in the event of a claim being refused – it is likely to be certifiable as ‘clearly unfounded’ under s94 of the Nationality, Immigration and Asylum Act 2002. Decision makers must consider claims on an individual basis, taking into account the case specific facts and all relevant evidence, including: the policy guidance contained with this note; the available COI; any applicable caselaw; and the Home Office casework guidance in relation to relevant policies. Country information COI in this note has been researched in accordance with principles set out in the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI) and the European Asylum Support Office’s research guidelines, Country of Origin Information report methodology, namely taking into account its relevance, reliability, accuracy, objectivity, currency, transparency and traceability. All information is carefully selected from generally reliable, publicly accessible sources or is information that can be made publicly available. Full publication details of supporting documentation are provided in footnotes. Multiple sourcing is normally used to ensure that the information is accurate, balanced and corroborated, and that a comprehensive and up-to-date picture at the time of publication is provided. Information is compared and contrasted, whenever possible, to provide a range of views and opinions.
    [Show full text]
  • South African CRIME QUARTERLY No
    South African CRIME QUARTERLY No. 69 | 2020 Equitable allocation of police human resources Social Justice Coalition and Others v Minister of Police and Others Sipho Mzakwe1 [email protected] https://doi.org/10.17159/2413-3108/2020/vn69a7232 At the end of 2018, the Western Cape High Court handed down a ground-breaking judgment in the case of Social Justice Coalition and Others v Minister of Police and Others. The court held that the distribution of police personnel in the Western Cape unfairly discriminated against black and poor people on the basis of race and poverty. As the first case in South Africa recognising poverty as a discrete ground of discrimination, the judgment marks a significant development in the country’s equality rights jurisprudence. In addition, the court’s recognition that police distribution in the Western Cape is unfairly discriminatory has profound implications for the system of allocating police resources in that province, and potentially across the country. In this case note I summarise the key issues in the case and offer an analysis of the court’s approach, arguing that while the case is to be lauded for its recognition of poverty as a ground of discrimination there are also some missed opportunities. Most significantly, the practical impact of the judgment has yet to be determined as the court limited its order to declaratory relief, requiring the parties to return to argue on the further practical remedy that should follow. SA CRIME QUARTERLY NO. 69 • 2020 5 – 1 At the end of 2018, the Western Cape High The Khayelitsha Commission Court, sitting as the Equality Court in terms of of Inquiry the Promotion of Equality and Prevention of For almost a decade, the Social Justice 2 Unfair Discrimination Act (‘the Equality Act’), Coalition and other organisations campaigned handed down a ground-breaking judgment in around safety and policing concerns in the the case of Social Justice Coalition and Others informal settlement of Khayelitsha, located in the v Minister of Police and Others [the ‘SJC Western Cape.
    [Show full text]
  • Crime As Punishment: a Legal Perspective on Vigilantism in South
    Crime as Punishment: A Legal Perspective on Vigilantism in South Africa by Mary Nel Dissertation presented for the degree of Doctor of Laws in the Faculty of Law at Stellenbosch University Supervisor: Prof Gerhard Kemp Co-Supervisor: Prof Lars Buur December 2016 Stellenbosch University https://scholar.sun.ac.za DECLARATION By submitting this dissertation electronically, I declare that the entirety of the work contained therein is my own, original work, that I am the sole author thereof (save to the extent explicitly otherwise stated), that reproduction and publication thereof by Stellenbosch University will not infringe any third party rights and that I have not previously in its entirety or in part submitted it for obtaining any qualification. MARY NEL December 2016 Copyright © 2016 Stellenbosch University All rights reserved i Stellenbosch University https://scholar.sun.ac.za ABSTRACT This study aims to remedy a gap in legal literature by addressing the phenomenon of vigilantism from a legal perspective, and seeking to conceptualise and understand the problem. To this end, it first arrives at a working definition of vigilantism for a legal context by critically analysing previous (non-legal) efforts to define vigilantism and identifying and discussing elements of a proposed crime of vigilantism. The focus then shifts to interrogating the relationship between (the erosion of) state legitimacy and vigilante self-help. After demonstrating the usefulness of the concept of legitimacy as an overarching framework for understanding the state-vigilante relationship, three dimensions of legitimacy (legal, normative and demonstrative) are explained and the assumed nexus between (deficient) state legitimacy and vigilantism is clarified.
    [Show full text]