As a union that plays a significant role in shaping the discourse and policies within South Africa’s Criminal Justice Cluster (CJC), the Police and Prisons Civil Rights Union (POPCRU) notes the appointment of new Ministers within the CJC and believes these appointments are critical as they can influence the direction of law enforcement, corrections and the overall justice policies.
We outrightly stress the need to have a capable, efficient and ethical CJC leadership that can optimally meet the needs and expectations of its staff complement and the populace at large by ensuring the allocation of sufficient resources in combating crime and maintaining safety and security.
The CJC has for the longest time been under immense strain, with continued infightings, high levels of crime rates, police killings, overcrowding and understaffing- all coupled with huge levels backlogs in various areas.
This new era brings about an opportune moment to remedy this past trend, and to bring about much needed confidence through cooperation with all stakeholders in working towards achieving stability.
We therefore expect that the newly appointed ministers to be committed to transformative leadership that addresses historical injustices and contemporary challenges within the criminal justice system. We anticipate the insurance of policies that promote fairness, transparency, and efficiency in law enforcement, corrections, and judicial processes.
We advocate for better working conditions for law enforcement officers, including adequate remuneration, safe working environments, and comprehensive support systems. The union expects new ministers to prioritize ongoing training and professional development to equip these officers with the skills needed to handle modern-day challenges effectively.
We further put emphasis on community policing strategies that foster cooperation between law enforcement agencies and communities, thereby enhancing trust and effectiveness in crime prevention. This will require proper allocation of resources to ensure that law enforcement and correctional facilities are adequately staffed, equipped, and maintained.
For the longest of time, the union has been concerned about thefrequent changes in ministerial and other leadership positions which have led to policy discontinuity. POPCRU is concerned about maintaining stability and continuity in crucial reform processes such as the Criminal Procedure Act already underway, and therefore stresses the importance of a long-term vision that transcends individual tenures and focuses on sustainable improvements.
Internally, there have been outstanding challenges which are yet to be addressed, including the following;
On the SAPS
POPCRU is extremely concerned about continued killings of law enforcement officers in the country, a phenomenon which remains highly regressive in addressing the proper functioning of the Criminal Justice System in South Africa. Law enforcement officers have become targeted victims of the worst crime, with attacks and killings escalating in the country.
This unfolding national crisis has the potential of threatening the country’s peace and stability as majority of these dedicated men and women are killed on duty while preventing, combating or solving a crime whilst some are attacked while guarding inmates, traffic and police officers ambushed when conducting patrols, with their official firearms and uniforms being stolen with the probable intention of committing further crimes.
We reaffirm our call for government to publicly declare war against cold-blooded criminals by amending current legislations to classify this barbaric act as treasonous, and expect the newly appointed Minister to push for legislative amendments in this regard.
Additionally, the police to population ratio also remains a challenge; with the current police-population ratio of 1:450; which still fall short of the UN ratio of 1:220 officer to the population; this problem is attributed by inadequate personnel as already mentioned.
The following remedial measures should therefore be considered to curb the cold-blooded murder of men and women in blue:
· Review our police safety strategy and plan
· With the current reviewal of the Criminal Procedure Act, the killing of law enforcement officers should be considered treasonous
· Criminal Procedure Act must be amended to classify killing of police officers as treason
· Improve the compensation for killed police officers to sustain a better life for the dependents
· Various stakeholder within the Criminal Justice Cluster must collaborate to effectively resolve this deep-rooted challenge
· Employment of professionals
· The increase of a service allowance
We also call for a review of the SAPS salary structure and the introduction of two streams, one being for Police Act members and the other for Public Service Act appointees, that will allow them to be grade-progressed and promoted up to salary level 15. The promotion of Public Service Act appointees will ensure we have more boots on the ground.
On the DCS
We have noted the overcrowding and short-staffing crisis among out correctional facilities, with the staff complement which stood at 40 000 in 2009 is currently standing at 38 000 with only 27 000 officials working at the coalface of correctional centres. It demanded the employment of more custodial officers.
We have on various occasions expressed that DCS must not renew the contracts of private prisons in the country, and should develop a clear plan that will include admitted trade unions within the department on the winding-up process.
As there is already a decision to absorb of all personnel employed by the two private prisons into the DCS as these officials were initially employed under the Correctional Services Act 111 of 1998, we are of the view that this process must be fast-tracked.
For the DCS to fulfil its rehabilitation mandate as directed by the constitution, we are of the view that the following measures should be urgently undertaken:
· Promotion policy and shift system should be prioritised
· Correctional centres should be self-sufficient
· Correctional centres should be built in rural areas
· The employment of more personnel is vital
· The dilapidated infrastructure should be refurbished
On Traffic
On the fragmentation of traffic, we note that we need to hasten the nationalisation of traffic under the Department of Transport. This will ensure that road safety is standardised across the country.
In relation to Road Traffic Management Corporation (RTMC), we have also noted the challenges of an 8-hour shift, the non-payment of former employees of Tasima, the ongoing wage negotiations, the demand for double-digit increment and the finalisation of all secondary issues emanating from 2023/24 wage agreement.
The following interventions should be enacted;
· The employment of more traffic officers
· Standardised uniform
· Adequate tools of trade
· Uniform shift
· Equalisation of salary
The Criminal Justice Cluster must acknowledge that there is an attack on the state from violent criminals; this serves as an indication of a society that no longer respects the rule of law. It is therefore crucial that the lives of the people who are working tirelessly under life-threatening conditions to serve and protect this country are likewise protected by members of society.
We therefore demand the payment of a danger allowance to all law enforcement officers that is equivalent to the danger faced by officers in the execution of their duties.
On synergising the CJC
The union remains concerned about the level fragmentation within criminal justice cluster, with different departments operating differently while relying on each other’s inputs in conducting their mandated functions. It therefore proposed that there is a need to establish synergy between the Department of Correctional Services (DCS), the SAPS and the Judiciary, with the SAPS accounting for the arrests made, the Judiciary accounting for the number convictions and prosecutions, while the Department of Correctional Services accounts for the number of incarcerations.
We believe this will assist in determining consolidated future budgets that should bring about a correlated approach within the CJC instead of the current continued situation wherein every department works blindly, and in isolation of one another.
We are keen on ensuring that key positions within the criminal justice cluster are filled based on merit and not political patronage, and demand a stringent stance against corruption within the criminal justice system, advocating for transparent and accountable leadership.
For the above concerns to be effectively addressed, we want to make the following recommendations to the newly appointed Ministers;
Engagement and Collaboration:
o Regular Dialogue: POPCRU recommends establishing regular dialogue between the ministers and union representatives to discuss issues affecting workers and collaboratively develop solutions.
o Stakeholder Inclusion: Involving a broad range of stakeholders, including civil society organizations, in policy formulation and implementation processes.
Enhanced Training and Resources:
o Capacity Building: Investing in comprehensive training programs for police and correctional officers to improve their skills, particularly in areas such as human rights, community policing, and crisis management.
o Resource Enhancement: Ensuring that departments within the criminal justice cluster are well-resourced, with modern equipment, adequate staffing, and sufficient operational budgets.
Focus on Human Rights and Rehabilitation:
o Human Rights Training: Integrating human rights education into all training programs to ensure that law enforcement and correctional practices adhere to national and international human rights standards.
o Rehabilitation Programs: Strengthening rehabilitation programs within correctional facilities to reduce recidivism and support the reintegration of former inmates into society.
Performance Monitoring and Evaluation:
o Regular Assessments: Implementing regular performance assessments to evaluate the effectiveness of policies and practices within the criminal justice cluster.
o Data-Driven Approaches: Utilizing data and evidence-based approaches to inform policy decisions and improve service delivery.
Public Accountability and Transparency:
o Public Reporting: Establishing systems for regular public reporting on the progress and challenges within the criminal justice cluster to enhance transparency and build public trust.
o Independent Oversight Bodies: Strengthening the role of independent oversight bodies to monitor and evaluate the performance and integrity of criminal justice institutions.
Our perspective on the appointment of new ministers within the criminal justice cluster is rooted in a desire for transformative, accountable, and effective leadership. By focusing on reform, worker welfare, crime reduction, and human rights, we seek to ensure that the criminal justice system serves all South Africans equitably. The union’s recommendations highlight the importance of collaboration, capacity building, and accountability in achieving these goals. As new ministers take on their roles, adhering to these principles can significantly enhance the effectiveness and fairness of South Africa’s criminal justice system.
We look forward to working closely with all these ministries towards transforming the criminal justice cluster.
Issued by POPCRU on 01/07/2024
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