i A PREVENTATIVE POLICING STYLE FOR PUBLIC VIOLENCE IN THE TOWNS OF HARRISMITH AND WARDEN IN THE EASTERN FREE STATE BY BRENDA PEARCE Submitted in fulfillment of the degree MAGISTER TECHNOLOGICAE Policing SCHOOL OF CRIMINAL JUSTICE at the UNIVERSITY OF SOUTH AFRICA Supervisor : Prof H F Snyman June 2008 ii Declaration Student Number: 36794562 I hereby declare A PREVENTATIVE POLICING STYLE FOR PUBLIC VIOLENCE IN THE TOWNS OF HARRISMITH AND WARDEN IN THE EASTERN FREE STATE to be my own work and that all references used or quoted were indicated and acknowledged comprehensively. _____________________________ _____________________ Brenda Pearce Date iii This study is dedicated to my mother Anna-Marie, Elizabeth Erasmus iv Declaration by Carol Keep This is to certify that the script submitted by Brenda Pearce, in accordance with the specifications for a Master’s degree, has been duly proofread and edited by me to comply with the language requirements of academic discourse. C J Keep (Mrs) MA, BEd, SOD 8 Van Wyk Street Brandwag BLOEMFONTEIN 93001 Phone: 051-4445373 Cell: 0725080936 Email: [email protected] 09 June 2007 ______(Signed)________________ 2007-06-08 Carol Keep Abstract v This exploratory and qualitative investigation is used as a research strategy to indicate a preventative policing style for public violence in the Eastern Free State. The research’s integration of problem-solving methods may be used in instances where public violence is common and pre-empted. The study researched the policing of public expression against poor service delivery in a democratic South Africa after the adoption of a new Constitution. The Scanning, Analysis, Response and Assessment Model is applied by way of a service-oriented, preventative policing style involving the principles of the Community Policing Style. The dissertation argues that though the South African Police Service’s handling of public violence in the Eastern Free State, was reminiscent of the former public violence of political oppression, it should gradually move away from the military approach to a preferred community policing style and include relevant role players in using a systematic and service-orientated preventative policing style to address public violence. TABLE OF CONTENTS vi CHAPTER 1: INTRODUCTION AND METHODOLOGICAL OVERVIEW Page number 1.1 Introduction 2 1.2 Problem statement 3 1.3 Research objectives 8 1.4 Value of the research 8 1.5 Research methodology 9 1.5.1 Research approach and design 9 1.5.2 Method of data collection 11 1.5.2.1 Documentation and document analysis 11 1.5.2.2 Data collection technique 12 1.5.3 Data Analysis 15 1.5.4 Ethical considerations 18 1.6 Problems that complicated the study 19 1.6.1 Appointments for the interviews 19 1.6.2 Language and cultural considerations 20 1.6.3 Prosecuting authority’s disapproval of the interviews 21 1.6.4 Recording of the interviews 22 1.6.5 Stereotyped responses 22 1.7 Delimitation of the study 22 1.7.1 Geographical delimitations 23 1.7.2 Time delimitation 23 1.7.3 Conceptual delimitation/Key concepts 24 vii 1.7.3.1 Crime prevention 24 1.7.3.2 Public Order Policing 25 1.8 Layout of the dissertation 26 CHAPTER 2: NATURE AND EXTENT OF THE PROBLEM OF PUBLIC VIOLENCE IN HARRISMITH AND WARDEN IN THE EASTERN FREE STATE 2.1 Introduction 27 2.2 Nature of the problem in Harrismith and Warden 27 2.2.1 Historical background of public order policing 30 2.2.2 Current manifestation of the problem 36 2.2.2.1 Bethlehem 37 2.2.2.2 Memel 38 2.2.2.3 Kestell 41 2.2.2.4 Warden 42 2.2.2.5 Winburg 43 2.2.2.6 Vrede 44 2.2.2.7 Paul Roux 47 2.2.2.8 Clocolan 47 2.2.2.9 Ficksburg 48 2.3 Policies and Acts pertaining to freedom of expression, public violence and policing in South Africa 49 2.3.1 The Constitution of the Republic of South Africa, Act 108 of 1996 50 2.3.1.1 The Constitution and the right to basic needs, Chapter 2, Section 27 50 2.3.1.2 The Constitution and the protection of the right and freedom of individuals, Chapter 2, Section 12(1) (c) 50 2.3.1.3 The Constitution and Public Administration, Chapter 10, viii Section 195(1) (a), (b), (c) and (d) 51 2.3.1.4 The Constitution and freedom of expression, Chapter 12, Section 16 51 2.3.1.5 The Constitution and assembly, demonstrations, pickets and petitions: Chapter 2, Section 17 51 2.3.1.6 The Constitution and limitation to rights, Chapter 2, Section 36(1) and (2) 53 2.3.1.7 The Constitution and limitations of rights, Chapter 2, Section 37 (1) and (2) 53 2.3.1.8 The Constitution and Security Services, Chapter 11, Section 119 and Section 205 54 2.3.1.9 The Constitution and the stating of emergency, Chapter 2, Section 37 (1), (a) and (b) 54 2.3.2 The South African Police Service Act, No 68 of 1995, Chapter 6, Section 17 56 2.3.3 Regulation of Gatherings Act of 1993, Section 205 (3) and (5) 56 2.3.4 South African Police Service Act No 68 of 1995, Chapter 7, Section 18 to 23 57 2.3.5 Criminal Procedure Act No 51, Section 49 58 2.3.6 Standing Order (General) 262: Crowd Management during gatherings and demonstrations 59 2.3.7 Peterson v the Minister of Safety and Security, 2005 A 624 61 2.4 The extent of poor service delivery in the Eastern Free State 62 2.4.1 Municipality’s responsibilities and roles 63 2.4.2 Challenges to municipalities 64 2.4.3 Related issues that complicate municipal services 65 2.4.3.1 The role of nepotism in the appointment of municipal Officials 65 2.4.3.2 The lack of training of municipal officials and its impact on Accountability 66 2.4.3.3 The impact of the lack of expertise on service delivery 67 ix 2.4.3.4 The effect of the incorrect application of the Affirmative Action Policy 68 2.4.3.5 The effect of corruption and fraud 68 2.4.3.6 The effect of poor debt collection by municipalities 69 2.4.3.7 The effect of poor performance by municipal managers 69 2.5 Environmental description of Eastern Free State 70 2.5.1 Urban and rural imperatives 70 2.5.2 The prevalence of HIV/AIDS 71 2.5.3 Population per police ratio 72 2.5.4 Police personnel profile in the Free State 74 2.6 Political context in which the municipalities functions 75 2.7 Summary 80 CHAPTER 3: AN INTEGRATED APPROACH TO PUBLIC ORDER POLICING AND CROWD MANAGEMENT 3.1 Introduction 82 3.2 An overview of Community Policing 82 3.2.1 Historical perspective on Community Policing 82 3.2.2 The development of Community Policing in South Africa 83 3.2.3 The link between Community Policing and the Scanning, Analysis and Response Assessment Model 87 3.3 The Scanning, Analysis, Response and Assessment Model 89 3.3.1 Scanning (preliminary review of the information) 90 3.3.2 Analyses (to understand the events that preceded the problems) 91 x 3.3.3 Response 94 3.3.4 Assessment of the response is evaluated 95 3.4 Summary 96 CHAPTER 4: PRESENTATION OF THE RESEARCH FINDINGS 4.1 Introduction 98 4.2 The reasons for the violence in Harrismith and Warden 99 4.3 The different reasons which were offered for the police reaction 105 4.4 The involved role players and the extent of their involvement 111 4.5 The proposed solutions offered by the respondents to the violence 114 4.6 Summary 117 CHAPTER 5: INTERPRETATION OF THE RESEARCH FINDINGS 5.1 Introduction 119 5.2 The Scanning Phase 119 5.3 The Analysis Phase 125 5.4 The response Phase 132 xi 5.5 The Assessment Phase 136 5.6 Summary 139 CHAPTER 6: SUMMARY, CONCLUSION AND RECOMMENDATION 6.1 The research issue, research question and goals of the study 140 6.2 Summary 141 6.3 Conclusion 147 6.4 Recommendations 152 6.4.1 Step 1. Training of members in crime information analysis 152 6.4.2 Step 2. Involve the relevant role players 152 6.4.3 Step 3. Apply the Scanning, Analysis, Response and Assessment Model in accordance with the philosophy of a community police crime prevention style 153 6.4.4 Step 4. Address training issues 154 LIST OF REFERENCES 157 LIST OF FIGURES Figure 3.1 Problem Analysis triangle 92 Figure 5.1 Applied Crime Triangle 126 LIST OF TABLES Table 1.1 The number of cases investigated, injuries and damages, 4 xii as a result of the public violence in Harrismith and Warden Table 2.1 Table of the comparative race ratio expressed as a percentage of the Free State population 72 Table 2.2 The South African Police Service as per gender, race, and rank in the Free State Province 75 Table 3.1 The similar objectives of the applied SARA Model and the Community-based Crime Prevention Style 88 LIST OF DIAGRAMS Diagram 2.1 A pie chart illustration of the comparative race ratio of the Free State population 73 Diagram 6.1 A Service orientated, preventative policing style for public violence in the towns of Harrismith and Warden in the Eastern Free State 156 ADDENDA Addendum A: A map of the Free State Province of South Africa 169 Addendum B: A map of the Northern and Eastern Free State Areas of the Free State Province of South Africa 170 Addendum C: A list of questions posed to the respondents 171 Addendum D: Interview schedules 176 Addendum E: Letter of Approval from the Head of Strategic Research of the South African Police Service, Approving the Research Proposal 179 Addendum F: A letter of approval from the SAPS Free State Provincial Commissioner 180 CHAPTER 1: INTRODUCTION AND METHODOLOGICAL OVERVIEW 2 1.1 INTRODUCTION On 30 August 2004, South Africa’s national television showed incidents of community violence taking place in Harrismith.