Abstract

This article aims to reopen the debate about public order policing in South Africa. Rising levels of violent localised protest and increased brutality in policing such events, as well as recent draft policy guidelines on restructuring public order policing by the Ministry of Police, necessitates informed debate. Protest events, in particular violent and localised protests, are likely to increase in the years to come; it is thus an appropriate time to engage in a serious reconsideration of the best approaches to policing these events. This article offers recommendations for a model of public order policing in South Africa that is more effective and respectful of human rights.

Highlights

  • The right to freedom of assembly was one of the earliest and among the most significant victories of the democratic transition in South Africa

  • According to the Independent Complaints Directorate (ICD) there has been an upsurge in cases of police brutality since 2006, reaching its zenith in 2009.2 The ICD recorded a year-on-year increase of alleged cases of brutality in relation to public order policing from five cases in 2006, 16 in 2007 and 25 in 2008, to 59 cases in 2009.3

  • The Public Order Policing (POP) Unit is a specialised competency largely located in the Crime Combating Units and Tactical Response Team established within the South African Police Services (SAPS) to deal with crowd management situations

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Summary

Current debates in the policing of public order in South Africa

This article aims to reopen the debate about public order policing in South Africa. Rising levels of violent localised protest and increased brutality in policing such events, as well as recent draft policy guidelines on restructuring public order policing by the Ministry of Police, necessitates informed debate. SA Crime Quarterly no 38 December 2011 the FIFA World Cup, and the widespread service delivery-related protest action in 2010 and 2011 have shifted our attention back to how we police public order This refocused attention comes at a time when the policing of gatherings and protests has taken on an increasingly violent and seemingly uncoordinated form, and is in need of review. Most police members accused of brutality while responding to public protests were from 68 stations, followed by allegations of 45 incidents that involved both POP and station members.[5] Forty per cent of the victims were not involved in the protest marches or demonstrations taking place at the time, but were bystanders or onlookers This is an indication of poor public order policing, as both protesters and onlookers should be protected by the police according to legislation governing the policing of gatherings, and in accordance with international standards of such policing. She maintains contact with individuals from this unit and has regular discussions about what has occurred within the arena of public order policing over the past 17 years

UNDERSTANDING THE RECENT RESURGENCE IN PROTEST ACTION
THE POLICE IN PUBLIC ORDER POLICING
THE NEXT STEP IN PUBLIC ORDER POLICING
CONCLUSION
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