/ 31 October 2007

‘SA needs to respect justice and the law’

Crime and violence are a way of life in South Africa and, according to David Bruce of the Centre for the Study of Violence and Reconciliation, respect for justice and the law needs to be fostered.

Bruce was speaking at a seminar on The State of Criminal Justice: Building Respect for Justice and Human Rights, hosted by the Centre for the Study of Violence and Reconciliation at the Johannesburg Civic Theatre on Tuesday.

He said that respect for justice and respect for the law are distinct, but also intertwined. The former refers to the “confidence or trust that people have for the criminal justice system”, while the latter relates to the “domain of civic morality”, such as reporting crime or paying taxes.

Crime statistics released by the South African Police Service (SAPS) on July 3 this year showed that even though there was a decrease in crime in the country over the reporting period, violent crimes had increased.

Eight serious crimes are classified as contact or violent crime: murder, attempted murder, rape, assault with intention of grievous bodily harm, common assault, indecent assault, aggravated robbery and other robbery. These account for 33,3% of South Africa’s recorded instances of crime.

Bruce said that South Africans would more likely respect the law and justice system if agents of the criminal justice system treated people more respectfully.

Apartheid, he said, instilled fear over respect. The apartheid system discriminated against people in terms of race, and “the motivation for compliance with the law was shaped by this factor”. He added: “While whites tended to see the system as legitimate, black people, to a far greater degree, complied with the laws on the basis of fear.”

Building respect for the law in South Africa is an ongoing process, and law-enforcement authorities should be seen as reliable and efficient.

“Greater respect for the law is clearly a profoundly important element of any attempt to build a South African society which is essentially law-abiding, and where life is not threatened by crime, and particularly violent crime, in the way that it is today,” he said.

All citizens must feel included and that they are recognised and afforded dignity by the country’s social system, including law enforcement.

Lastly, the legitimacy of the law and legal institutions “relates to issues such as the integrity or conduct of officials of the criminal justice system, the independence of the institutions and adherence to principles such as those of fairness as well as treating people equally, irrespective of rank or status”.

This will lead to achieving the level and type of social change that can create a more cohesive South African nation, he said.