resisted
Glenda Daniels
The government has introduced a slew of new policies and training programmes since 1994 to wean the police from their old habits. Policing experts say it has been easier to try and address the behaviour of police in specialised units. In general, however, it appears that the message that the police must embrace the spirit of the 1994 Constitution has not filtered down to the rank and file. Peter Jordi, a lawyer at the Wits Law Clinic, says police have often resisted these transformation exercises – such as the current human rights sensitivity training programme. There are indications, he says, that top brass are reluctant to allow their staff to be involved in such exercises. For example, the code of conduct that police have to sign, says David Bruce, senior researcher at the Centre for the Study of Violence and Reconciliation, is “PC to the hilt, but the problem is it does not speak to the ordinary police officer on the ground”. The code of conduct is supposed to provide an ethical framework for the conduct of the police. But, says Bruce, “it is not meaningful in the day-to-day work of the police. For instance, it says nothing about the use of force. Also, only new recruits have to sign it. “On the other hand in-service training, which has the potential to affect the bulk of members of the South African Police Service [SAPS], is under-funded and far from adequate in addressing issues of police conduct and professionalism.” One strategy for reducing lethal police violence is to improve police access to intermediate weapons such as the Tonfa baton which, if used properly, can be used to overpower a suspect while inflicting minimal injury. However, proper use of it requires a certain level of training. Not too many officers have been trained to use this sophisticated weapon. Community policing forums that were introduced in the mid-90s have often been ineffective, Bruce says. “Even where they have worked they have not really focused on issues of police conduct, particularly in relation to human rights. Often they simply reflect the attitudes of ordinary members of the public and promote a tough-on-crime approach whatever the cost.” Numerous measures to instil a human rights culture in the police force have been taken since 1994, according to the SAPS’s legal advisor, Tertius Geldenhys. These include:
l April 27 1994 – The interim Constitution contains a Bill of Rights containing a new ethos and culture of policing. l 1995 – Police Services Act: Setting out formal integration of the police force, forming one SAPS from 11 different police services.
l April 1997 – The Independent Complaints Directorate is set up as a watchdog body and to investigate complaints against police.
l 1997 – New code of conduct, making evident a human rights culture in the way police are meant to conduct themselves. Every member of the police service is meant to sign this although only new recruits are required to do so. l 1998/99 – New recruitment programme. In prior years, no recruits were taken into the police service because the new training manuals were not ready. l 1998-1999 – Seminars, workshops and training programmes were held throughout the country with the help of international experts. Every commissioner at every police station was briefed on international perspectives, the charter for civil and political rights and the minimum standards for law enforcements. l July 1999 – An anti-torture policy was implemented by Geldenhuys. Basic training was completed through training manuals which were translated into Afrikaans and Zulu, with the intention of translating into all 11 languages. l 1999/2000 – Some of the new human rights culture policiies include the anti- discrimination drive, sexual harassment policy, diversity programme and new change management focus.