27 Oct 2006: ISS Today: Cash-in-Transit Heists in South Africa: A Human Rights Perspective

27 October 2006: Cash-in-Transit Heists in South Africa: A Human Rights Perspective

 

As the debates around the cash-in-transit heists in South Africa continue, the human rights component, especially in respect of the cash-in-transit guards themselves, is always overlooked. South Africa has one of the most progressive constitutions in the world, with a justiciable Bill of Rights, so the human rights lens in an important one. It must be recalled that in terms of section 7 (1) of the South African Constitution (Constitution) the Bill of Rights is a cornerstone of democracy in South Africa, as it enshrines the rights of all people in the country (including cash-in-transit guards) and affirms the democratic values of human dignity, equality and freedom. This article seeks to highlight some of the issues that should be taken into account during the ongoing debates around the cash-in-heists in South Africa.

 

Cash-in-transit guards are human beings and are therefore entitled to be treated with respect and dignity. It should be recalled that section 10 of the Constitution provides that ‘everyone has inherent dignity and the right to have their dignity respected and protected.’ This applies equally to cash-in-transit guards. Yet cash-in-transit guards have often claimed ill treatment at the hands of law enforcement argents, who are often quick to point a finger at them whenever there is a cash-in-transit heist. In a democracy, everyone is innocent until proven otherwise in a court of law. It is therefore unacceptable to assume that cash-in-transit heists are always ‘inside jobs’ as this constitutes an implicit threat to the human dignity of the individuals whose guilt is presumed.

 

As cash-in-transit guards are always targets during armed robbery, it is high time for the South African government to foster debates aimed at addressing this problem in terms of providing them physical and moral protection. It is incumbent upon the government to create opportunities for proper and quality security training and to allow the guards to use suitable equipment in order that they may deliver proper and quality services at all times during cash-in transit operations. The private security companies should be encouraged to nurture a healthy relationship with the governmental armed forces as their roles also revolve around security concerns. Any rift between the private security companies and the public security forces spells disaster for the promotion of proper security in South Africa.

 

There has been a call by the guards to be allowed to carry more powerful weapons to be able properly to fight off armed robbers. This call has also sparked a lot of debate and this issue should now be put to rest. The South African Firearms Control Act allows for the granting of a licence to possess firearms to be used in self-defense. The type of firearms permitted excludes fully automatic weapons, a limitation not observed by the robbers. This should be a cause for concern. Given the volatile situations that cash-in-transit guards are faced with on a daily basis, they should be granted licences to also possess automatic weapons to contain the cash-in-transit heists.

 

The question that always comes up, is whether there are any safeguards in preventing the guards from becoming ‘a forces unto themselves’. On this point, may be one may ask if the South African Police and Military Force, supposedly properly trained, are indeed ‘forces unto themselves’? It is my considered view that cash-in-transit guards must be armed adequately in order protects their clients’ cash and regulations should obviously be put in place in this regard. In this way, there will be no need for the military and police to assist them in transporting the cash. They will have the ability to do the work with diligence and without unnecessary inhibitions. 

 

As the cash-in-transit guards are also employees, they must enjoy all employees’ rights. Given the nature of their work, the government should put in place mechanisms to ensure that they are proper insured and their families are taken care of in the event that an unfortunate incident in line of duty. The provision of security to everyone is the responsibility of the South African government and the private security companies should be seen as complementing the government’s responsibility. The same is true with cash-in-transit guards. It is for this reason that I call upon the South African government to consider setting up a special fund to take care of the families of the deceased cash-in-transit guards’ families in the event that they are killed during the course of their duty.

 

Unless and until cash-in-transit guards are treated as human beings with an inherent dignity and the right to respect and protection, cash-in-transit heists will continue in South Africa. The Constitution should be a guiding light. Of course this is not the only solution, but it does provide food for thought in the ongoing debate around the cash-in transit heists that afflict the South African economy.

 

Sabelo Gumedze, Defence Sector Programme, ISS Tshwane (Pretoria) Office