Abstract

This article discusses two research projects that have used the Promotion of Access to Information Act (PAIA) to analyse protest in South Africa and the policing thereof. A total of 23 information requests were submitted on behalf of the two projects, 19 to the South African Police Service (SAPS) and four to the Independent Police Investigative Directorate. The article starts by discussing police transparency in South Africa, information on the policing of protest that the SAPS routinely publishes in its annual report, the PAIA framework, and some of the limitations of the projects. It then focuses on insights into SAPS information on levels of protest and protest-related violence in South Africa that emerged from the two projects. This includes information disclosed by the police regarding their use of force during protests, and police accountability for this. The article concludes by reflecting on the implications of and lessons from these exercises in police transparency.

Highlights

  • Related to the fact that protest is often linked to political conflict and social divisions in society, the policing of protest is a source of controversy in many countries

  • The article starts by discussing police transparency in South Africa, information on the policing of protest that the South African Police Service (SAPS) routinely publishes in its annual report, the Promotion of Access to Information Act (PAIA) framework, and some of the limitations of the projects

  • The conclusion reflects on SAPS compliance with PAIA, the unsatisfactory quality of some of the information that has been disclosed, continued official reliance on this information, and the implications of the two research projects discussed in this article for how the SAPS understands transparency

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Summary

Using freedom of information laws to analyse the policing of protest

This article discusses two research projects that have used the Promotion of Access to Information Act (PAIA) to analyse protest in South Africa and the policing thereof. The article starts by discussing police transparency in South Africa, information on the policing of protest that the SAPS routinely publishes in its annual report, the PAIA framework, and some of the limitations of the projects. It focuses on insights into SAPS information on levels of protest and protest-related violence in South Africa that emerged from the two projects. The conclusion reflects on SAPS compliance with PAIA, the unsatisfactory quality of some of the information that has been disclosed, continued official reliance on this information, and the implications of the two research projects discussed in this article for how the SAPS understands transparency

Police transparency in South Africa
Information routinely provided on public order policing
The Promotion of Access to Information Act
Information requests on the policing of protest
Open Society Justice Initiative
Other PAIA requests on the policing of protest
Information not available or that was refused
Other limitations of SAPS responses
IRIS information provided by the SAPS
Number of protests identified by the SCRU in sample
Monitoring the use of force during protest
Information held by the IPID
Findings
Conclusion
Full Text
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