MEC Willies Mchunu declines to hold Police accountable

DURBAN, 2 April 2012 – KwaZulu-Natal MEC for Transport, Community Safety and Liaison, Willies Mchunu, today spurned a request to secure commitments from the Umbilo Station Commander and the Provincial Commissioner of Police to embrace the CPF and the community, and to commit the Unbilo Police Station to fighting crime; a request that Democratic Alliance Cllr Warwick Chapman views as not only essential to addressing the problem of crime, but also in line with the police mandate in the South African Constitution.

During a 4-hour public meeting on 2 April 2012 to deal with the long running problems at the Umbilo Police Station, the KwaZulu-Natal MEC for Transport, Community Safety and Liaison, Willies Mchunu spurned a request to secure commitments from the Umbilo Station Commander and the Provincial Commissioner of Police.

The Umbilo SAPS has been in the media over the past years for all the wrong reasons. Umbilo SAPS’s poor handling of rape cases, allegations of Police involvement in crime, particularly the explosion of drug-related crime, lack of action on known crime threats and lack of commitment to work with the CPF angered much of the Umbilo community. These frustrations boiled over into a public protest outside the Police station in February which caught the attention of the MEC who received a memorandum and committed to meeting with the community.

The situation exploded last week when Mthokozisi Ngcobo of Oliver Lea Drive in Umbilo was fatally stabbed by three attackers in Umbilo Park. Umbilo Park is a serious crime hotspot which has repeatedly been brought to the attention of Umbilo SAPS without any significant intervention ever having taken place. Police officers are said to have reverted that since they cannot drive their vehicles into the park, they cannot patrol it, dismissing requests that they do so on foot.

During the latter part of the public meeting I rose to acknowledge the intervention which had taken place by the MEC and Provincial Commissioner and request a commitment from the Station Commander to embrace the CPF and the community and commit his station to fighting crime, and that the Provincial Commissioner commit to handling any allegation of Police involvement in crime.

The MEC immediately rose and told the meeting “We are not here to hold the Police accountable. We are not here to extract commitments from the Police.” He then instructed both the station commander and the Provincial Commissioner that they need not build any such commitments into their responses to the issues raised during the meeting.

The MEC is absolutely incorrect. The problems at Umbilo SAPS are entirely the result of an absence of accountability and a lack of commitment from the Police. The community crime fighting partnership relies as a precursor on SAPS fulfilling its constitutional mandate to “effectively prevent, combat and investigate crime”. Securing a commitment from SAPS and ensuring they are held accountable are entirely appropriate under the circumstances.

The MEC in partnership with the Provincial Commissioner has a legal responsibility to play an oversight role and to ensure effective and accountable management of Police stations in KZN. To spurn a request to secure public commitment from the Police to do their jobs properly can be seen as nothing other than the MEC shielding the failure to deliver by SAPS management.

MEDIA ENQUIRIES:

Cllr Warwick Chapman
083 7797 094
warwickc@da.org.za

36/1/4/1/200900224
NATIONAL ASSEMBLY
FOR WRITTEN REPLY

QUESTION NO 2177
DATE OF PUBLICATION IN INTERNALQUESTION PAPER: 6 NOVEMBER 2009
(INTERNAL QUESTION PAPER NO 27- 2009)
Date reply submitted : 15 December 2009
Ms D Kohler-Barnard (DA) to ask the Minister of Police:
Whether the moratorium on recruiting new reservists will be lifted; if not, why not; ifso, when?

NW2883E

REPLY:

On Thursday 10 December 2009 the Minister of Police released a press statement informing people that the Moratorium on recruitment of reservists had been lifted.The lifting of this Moratorium will allow people who wish to volunteer their services on to assist the South African Police Service in the fight against crime to do so as long as they meet certain criteria laid down by the department.

Reply to question 2177 approved by Minister.

Then, in July 2010 I came upon a letter which explained to a Station Commander that while the moratorium had been lifted, it had actually not been lifted in practice. It is now over two years since the moratorium was lifted and still we are not recruiting reservists SAPS members to fight crime.

2010-07-28

The Station Commander
South African Police Services
Pinetown

Moratorium on Recruitment of Reservists : Question from Parliament by Ms D Kohler Barnard on 2009-11-06

1. Your minute 3/1/5/1/151 dated 2010-07-26 refers.

2. In the email requesting information on the subject matter received from the Pinetown Crime Prevention Commander it was not indicated that the matter was raised at a CPF meeting by Mr XXX and it was assumed that the CP Commander was making enquiries in order to expedite the recruitment of reservists, hence the brevity of the reply.

3. At a meeting held in Pretoria on 23 February this year between the Secretary to the Minister, M/s Jenny Irish-Qhobosheane and Brigadier Kennedy, the moratorium was discussed and it was made clear that despite the answer given in parliament and the subsequent Media Statement by the Minister, a decision had been taken by Division Visible Policing and Division Personnel Services that, pending the approval of the revised National Instruction and the completion of the necessary Naitonal Audit, recruiting and even reinstatement of ex members would of necessity remain on hold.

4. Subsequent to that meeting Brigadier Kennedy met with Brig J LeRoux, National Reservist Coordinator in the office of the National Commissioner had decided to impose a waiting period to allow for the conclusion of the Audit and publication of the revised National Instruction, before the lifting of the Moratorium would be confirmed by a letter from Divisional Commander, Personnel Services, whose office is the only instance who has the authority to make such a decision.

5. In view of the first-hand knowledge of these discussions, this office is of the opinion that the Minister is fully aware of the plans of National Head Office and the fear expressed by Station Commander XXX, in paragraph 7 of the above minute while understood and appreciated, is nevertheless not of consequence.

SIGNED
f/PROVINCIAL COMMISSIONER: KWAZULU-NATAL (Maj General)
B A NTANJANA S.O.E

I will be pressing our Shadow Minister of Police to pursue this issue with the new National Police Commissioner and ensure we start supplementing our regular force with reservists again as soon as is possible!

“South Africa has had a comprehensive crime prevention policy agenda for some time in the form of the 1996 National Crime Prevention Strategy and the 1998 White Paper on Safety and Security. Despite this, prevention has remained very much a second cousin within the South African criminal justice family, notwithstanding the fact that there is widespread agreement that it warrants far more attention.” — Julie Berg and Clifford Shearing in “The practice of crime prevention”

Crime prevention – 1996 National Crime Prevention Strategy (NCPS) *

This is South Africa’s overarching policy on crime prevention. It was intended to be the guiding framework for a wide range of interdepartmental programs aimed at increasing safety. The four “pillars” of the NCPS covered improving criminal justice functioning, environmental design, community values and education, and transnational crime.

At its peak, the NCPS was seen as one of six pillars of the country’s National Growth and Development Strategy, a far-sighted move that recognized the vital role safety plays in development. However, the change of administration in 1999 ushered in a new approach to how government would deal with crime. Political pressure was mounting on government to deal with the rampant crime problem, and the longer-term approach of the NCPS was not appeasing the fears of the public or of politicians. In the end, shortrange thinking prevailed, the Growth and Development Strategy was shelved in favour of the Growth, Employment, and Redistribution Strategy (GEAR).

With the possible exception of victim support, most of the social programs envisaged by the NCPS never came to fruition.

Law enforcement – 2000 National Crime Combating Strategy (NCCS) *

The 1996 National Crime Prevention Strategy was largely drafted by a panel of civilians and was widely distributed for comment. The NCCS, on the other hand, was produced in-house by the South African Police Service (SAPS) and has never been issued as a public document. The NCPS was, in theory, an interdepartmental policy, while the NCCS is explicitly a security cluster matter.

These differences are indicative not only of the shift towards an overtly law enforcement approach to crime reduction but also of the pressure to respond quickly – which partly explains the lack of consultation and the NCCS’s focus on the police.

Adapted from the ISS’s “Crime and Crime Prevention in South Africa: 10 Years After“

Download the “Project Reclaim” Dossier here.

See the DA press release and the Politics Web coverage.

Firstly, to the resident who SMS’d last week about the derelict house in Somerset Ave, the formal processes for remedy have been exhausted and the issue has now been handed over to the enforcement team for action to be taken against the property owner. Unfortunately these things do take time but you can rest assured that in the background the cogs are moving.

To the land owners in Essex and Enfield roads who are working to clean up their derelict buildings, thank you very much for doing your bit to rid this community of grime and contribute to our efforts to combat crime. With the support of eThekwini officials we are also following up on other derelict houses including those in Evans Rd, Davenport Ave, Macdonald Rd and Bartle Rd.

You might ask what it is that you can do as a member of this community, or any other for that matter, to contribute to cleaning up and improving safety? In short, you can help in one of two areas: crime and grime. Combating crime is only effective when the community partners with SAPS, and getting involved with the Community Policing Forum is the most effective way of achieving that. Neighbourhood watches which work in conjunction with the CPF are another. Ridding our community of grime makes criminals feel less at home, and when we feel safer to be out and about in our numbers, we reduce the spaces in which criminals operate. We do this by maintaining our buildings, keeping vacant plots and bushes under control, cleaning our parks, and ensuring our public infrastructure is in a good state of repair.

You can help by taking initiative where you see a problem to either mobilise community members and tackle the problem ourselves or to work with public officials to find a solution. We have much to do in both combating crime and ridding our community of grime but a collective desire to improve will ensure we see the change we need. Inch by inch, with the support of community members, we will make Umbilo and Glenwood among the safest and most friendly places to live in eThekwini.

Warwick Chapman, Ward Councillor for Glenwood and Umbilo

I write in support of Maj. Gen. TP Reed’s letter of 1 April, 2011. The total dedication with which many of our cops serve is to be respected and appreciated by society as a whole. Were it not for these courageous men and women in blue, who at times a struggle against both criminals and the organisation they work for, we would live in a far more terrifying country.

As is so often the case in life, many of the best leaders and bravest protectors are overlooked on the basis of political and other imperatives. In this instance, issues not central to the effective discharge of the constitutionally enshrined responsibilities of the South African Police Service see many of our most dedicated cops denied promotion, sidelined and discriminated against.

In the South Africa of my dreams, a Police officer is a respected member of the community who anyone can safely approach in times of fear or need. In the South Africa of my dreams, the Police Service is an organisation which does not tolerate criminality, rewards dedication and hard work and promotes those most capable into positions of leadership.

Sections 198 and 205 of our constitution provide specifically for a Police service which effectively prevents, combats and investigates crime in order that we are able to live a life free from fear. I do not believe that on the whole, despite the selfless efforts of the many individuals Maj. Gen. Reeds alludes to, the Police Service is effective in discharging these responsibilities.

Collectively we need to campaign for better leadership, better discipline and the cultivation of a top to bottom culture of service within our Police Service. This issue is undoubtedly a matter of life and death for every South African and should be at the top of our societal agendas along with job creation and service delivery.

Night clubs and taverns, sporting events and our beachfronts are just 3 sources where I believe we need a special focus. I wonder how many people drive away from rugby or soccer matches over the limit, leave nightclubs and taverns drunk or head off from the beachfront after a day of drinking and braaing. While logistically, such operations could be complex given the volume of vehicles involved, there must be some way of creating a deterrent by randomly testing drivers as they leave the various areas.

Alcohol is said to be the cause of up to 60% of road deaths in South Africa, and we suffer twice as many roads deaths in South Africa compared with the world average. I believe we have a culture in South Africa which needs to change. We need to become used to selecting a designated driver or arranging alternative transport instead of thinking it acceptable to drink and drive. Through vigorous enforcement, Police need to forcefully drive this change in culture.

Yesterday another 8 people were massacred in the greater Pinetown area. This brings to 18 the number of people murdered in mass murders in the last 6 weeks. There is something fundamentally wrong with the structure of our communities in this area. Whether it is political, drug or crime related, our Police Service must figure out what is going on so community leaders can get to work trying to address the social causes of these tragedies.

– Cllr Warwick Bruce Chapman, Pinetown

I would like to quote Major-General Jula, our Deputy Provincial Commissioner of Police who said the following in this hall on Sunday:
“We invite the community to join us in the fight against crime by demonstrating a sense / culture of territoriality over their neighbourhoods and playing a role as whistle blowers and our eyes and ears.”

We must take ownership of our neigbourhoods. We must no longer accept what has become a culture of violent crime. We must ensure that known criminals no longer feel comfortable in our homes. We must blow the whistle on criminals and errant Police officers.

All members of SAPS have sworn to fulfill their obligations as laid out in the constitution and I remind you of them:
- to prevent, combat and investigate crime
- to maintain public order
- to protect and secure the inhabitants of the Republic and their property
- and to uphold and enforce the law

In the course of this partnership it must be remembered that for a partnership to work, both parties must commit themselves. If one of the community or the Police do not play ball, this partnership will fail and crime will be the winner.

We will continue to support the growth and business of Community Police Forums and the formation of neighbourhood watches and street committees affiliated to the CPF. We recognise the role we have to play here and we embrace the opportunity and the responsibility before us.

I will echo something said by Brig. Zama at a CPF meeting earlier this year: “There is only 1 CPF in Pinetown”. He is right, we have one CPF comprising 5 sub-fora. The sub-fora cover roughly, Wyebank, New Germany, Kloof, Pinetown Central and Pinetown South and are named accordingly. Brig. Zama’s contention that there are 2 CPF’s lies in his unhappiness with the high level of activity in the Pinetown Central Sub-forum, composed of mostly white residents of the mostly white central Pinetown area (Manors, Cowie’s Hill, CBD and Industrial).

As a ward councillor it is my responsibility to support the CPF in my ward. When I became a councillor in 2009, the Pinetown Central Sub-forum, which had been filled with people selected by Brig. Zama after the takeover by him of the whole CPF, was defunct, and I managed to get one or two meetings off the ground before the chairperson was kicked out of the CPF on a criminal charge. I invited a retired policeman living in Pinetown, Mr Ken Goldstone, to stand for chair during the AGM which was called to elected a new committee. The AGM was advertised, organised and chaired by the SAPS and only 1 person of colour attended the meeting, Mr Aubrey Ngubane, who I had invited. Mr Ngubane declined nomination to the Chair due to his work commitments but accepted nomination to and was elected as Deputy Chair.

Mr Ngubane has since been seconded to revive the dormant Pinetown South (Ward 16) Sub-forum and I have attended those meetings in place of their own absent ward councillor, Mr Stanley Buthelezi. Fortunately, as a result of the recent focus on crime, Mr Buthelezi attended his own CPF meeting last month and I am hopeful of his continued involvement. I attended the last AGM of the the New Germany (Ward 21) Sub-forum, which, lacking the ongoing support of their Ward 21 Councillor Ms Nelly Nyanisa, has not been active between AGMs. The Kloof (Ward 10) Sub-forum, with the full support of Cllr Gill Noyce is active and meets regularly. The Wyebank Sub-forum appears to be dormant according to report backs at our monthly CPF meeting at Pinetown SAPS where all the sub-fora are supposed to be represented.

I have no doubt that most if not all the names of absent councillors mentioned above will be in full attendance at this Saturday’s meeting of the CPF. That will be the first time this year that other ward councillors attend as is required of them as ex-officio members. I have personally called and timeously invited the other ward councillors in the Pinetown Policing Area at the request of the Pinetown Cluster CPF chair, Mr Sibaca but they did not attend the meeting. Cllr Diana Hoorzuk stated on Sunday that she and her colleagues have not participated in the CPF meetings for two years because they have not received invitations. Protesting that the notices are in the papers, that the meetings are on a fixed schedule, that I had tried to invite the other ward councillors previously, and that perhaps it is also incumbent upon them to find out for themselves, I was advised that unless personally invited for each meeting they could not attend.

Today, coincidentally, for the first time ever, I received a written invitation addressed “Dear Honourable Councillor” to attend Saturday’s CPF meeting. Hopefully, as suggested above, this bodes well for the full participation, as is required of them, by the other 4 ward councillors in the Pinetown policing area.

Brig. Zama chose not to attend either of the two public meetings of which he was well aware. The meetings were advertised in the newspapers and via email to members of the community, which at very least, his crime intelligence team should have got wind of (as I was advised they had). The CPF memorandum was drafted at his behest and he had visibility of it before it was sent to the Provincial Commissioner the first time. The second memorandum was drafted at a later stage, by myself, for the attention of the Provincial Commissioner. Since it was addressed to the PC, it is up to Gen. Ngobeni whether the Brig. was advised of the contents thereof. However, since it is a public document and has been made available since 24 October on my blog at warwickchapman.com, the Brig. can easily source the document should he wish.

I was, however, at both meetings, as were members of the press, and at no stage did anyone say or intimate that we want a white station commander. We want a commander who cares for his members and develops them to their full potential in the very tough fight against crime in Pinetown. We want a commander to bring the rate of crime down to match the trend of the rest of the country instead of up, against the trend. So, in short, Brig. Zama’s quotes contention that “They are saying they want a white commander” is hogwash. Brig. Zama is a race obsessed, manipulative, power-mad dictator. Just ask those who have to work for him… that is if you can find someone not too terrified to speak.

In the end, he is still the Station Commander and I am still the Ward Councillor. We may not like one another, but we have a responsibility to the people living in the Pinetown Policing Area to work together. That is, indeed, what I committed myself to at Sunday’s meeting infront of members of the public from my ward and from a few other wards who attended. That is why, on Monday morning, I was sitting infront of the Brig. at the 09h00 GOCOC meeting talking about the improvement in vehicles, the realigned sectors and the crime statistics for the past weekend. We do have work to do, and that is what we will do, with Brig. Zama while we must, but ideally with a more caring and committed officer at the helm.