The Deeper Implications of Widespread Lawlessness in South Africa
If lawlessness remains unchecked, it may develop into fully fledged revolt, unless the citizenry becomes more active in forcing government to adhere to its policies.
Johan Burger, Senior Researcher, Crime and Criminal Justice Programme, ISS Pretoria
Over the last few years South Africa has increasingly found itself
in the grip of widespread lawlessness that manifests itself in many ways. It includes
actions that are seemingly innocuous, such as corruption, as well as violent
protests and vigilantism. It is important to point out that lawlessness is not
just about a general disregard of the law and the absence of law enforcement, but
also about the failures or absence of government. Law enforcement, as defined
by Philip Purpura in Criminal justice: an
introduction (1997), is seen as ‘the applying of legal sanctions to
behaviour that violates a legal standard’. In a democracy adherence to the law
is largely dependent on the reasonableness of the laws, whether they broadly
reflect society’s moral values and whether they are generally applicable.
It can also be argued that there is a quid pro quo to obedience in the sense that the governed, in
exchange for their compliance, can justifiably expect government (at all
levels) to perform efficiently and effectively in the delivery of the basic
services to which they are entitled. The wave of public ‘service delivery’
protests every year and especially since 2004 is visible proof of government’s
failure to meet these expectations and to keep its election promises. It was
for this reason that the Auditor General, Terence Nombembe, in his July 2012 report
on the state of local government in South Africa, urged politicians to stop
making promises they cannot keep. He found that 70% of municipalities were
unable to prove that they delivered the services they had promised.
The consequence of this failure is becoming increasingly apparent.
According to the South African Police Service (SAPS) there were 8 004 ‘crowd
management’ incidents in 2004/05, of which 622 were ‘unrest’ incidents
requiring direct intervention such as arrests and the use of force. In 2011/12
the number of crowd management incidents escalated by almost 38% to 11 033
incidents, while the number of ‘unrest’ related incidents rose by more than 75%
to 1 091 cases. There are indications that these so-called unrest incidents are
not only on the rise, but that they are becoming increasingly violent.
Some commentators believe that the radicalisation of ‘service
delivery’ protests is a reaction to the absence of a meaningful response from
government. They therefore should no longer be seen only as ‘protests’, but rather
as ‘municipal revolts’ and a ‘rebellion by the poor’. Secretary General of the
Council of South African Trade Unions (COSATU), Zwelinzima Vavi, has added an
ominous warning that these protests are increasingly developing into a ‘ring of
fire’ closing in on surrounding cities and threatening a Tunisia-style
revolution. In April this year the Public Protector, Advocate Thuli Madonsela,
in a statement on the high levels of private and public corruption in South
Africa, also warned that South Africa is at a ‘tipping point’. According to her,
corruption in this country is ‘endemic’ and should be treated as a cancer in
our society. She also believes that corruption and maladministration are
intertwined and often the reason for service delivery failures such as that
affecting the provision of RDP houses.
In addition to the threats of these protests, there are a number of
consequences for the police. The policing of politically based protests diverts
limited police resources away from the fight against crime. The violent nature
of many of these protests results in various crimes being committed such as
damage to property, arson, looting and theft. This requires the police to use
force to restore order and to arrest those among the protesters who commit
criminal offences. Dissatisfied communities therefore start to see the police
as visible representatives of a failing government at which they can direct
their anger. This confrontational situation directly undermines the type of
constructive community police relationships that are necessary to effectively
tackle crime.
Another example of lawlessness is the mini-bus taxi industry, which
often expects to be treated differently and to be exempt from the law. This was
clearly demonstrated in KwaZulu-Natal in May this year when the Durban Metro
Police were told to ‘exercise caution’ when dealing with taxi drivers. Metro
Police officers interpret this cautious approach as an instruction not to stop
and fine taxi drivers. The ‘instruction’ came after the chairperson of the
KwaZulu-Natal Transport Alliance, Eugene Hadebe, threatened the police to stop
‘harassing’ taxi drivers. Taxi drivers went on strike after accusing the Metro
Police of targeting them and demanded, among others, that all warrants against
them be cancelled and that there should be no law enforcement during peak
hours. Last year taxi drivers in Johannesburg had similar complaints against
the Metro Police and insisted that they cannot be expected to abide by traffic
rules. It does appear as though government is afraid to act decisively against
the general lawless behaviour of mini-bus taxi drivers.
Vigilante action also appears to be on the increase and is certainly
becoming more violent and more deadly. An incident during March 2012 in the
Enkanini informal settlement in Khayelitsha on the Cape Flats, where three men
accused of robbery were killed after being stoned and set alight with tyres
around their bodies, is just one horrific example. They died without the
benefit of a fair trial, and so do many others as a result of similar
atrocities across the country. According to a clinical psychologist at the
Centre for the Study of Violence and Reconciliation, Nomfundo Mogapi, cited in
the Daily Maverick on 23 March 2012, mob
justice is a ‘cry of desperation’ by communities who hope that this kind of
violence will force government to attend to their needs and problems.
The situation is becoming more serious by the day
and urgent interventions are required to prevent the situation from further
escalating. On 29 July 2009, in an ISS
Today titled ‘The reasons behind service delivery protests in South
Africa’, I warned that ‘… it would be fair to conclude that if this situation
is allowed to continue over a prolonged period it has the potential to spread
and develop into a fully-fledged revolt’ [https://www.issafrica.org/iss_today.php?ID=72]. The situation has since
clearly deteriorated and the warning signs are there for all to see. What we need
is the involvement of an active citizenry in support of the pillars of our
democracy such as the constitution, the judiciary, the police, and the media,
and a focus on holding the ruling elite accountable to the rule of law. If
there is to be a popular uprising, let it rather be one that empowers people to
tackle corruption at all levels and forces government to adhere to its plans
and policies.