Police brutality becoming the hallmark of Zuma's ANC

Note to editors: This press statement was distributed at a press conference on police brutality by DA Parliamentary Leader, Lindiwe Mazibuko MP, DA Chief Whip, Watty Watson MP and DA Shadow Minister of Police, Dianne Kohler Barnard. 

The DA was both shocked and saddened to learn of the deaths of at least three more South Africans in Limpopo this past week due to the use of violent force used by the South African Police Service (SAPS).

This now brings the total number of police-brutality linked deaths to nine during the month of January alone.

Today we remember Michael Tshele, Osia Rahube, Lerato Seema, Enoch Seimela, Tshepo Babuseng, Tshepo Baloyi, Clarence Molele, Stanley Selowa and Jan Rivombo. We extend our condolences to their families and loved ones, as well as to their communities. This is a time of great pain and sorrow. You are in our thoughts.

As we prepare to celebrate 20 years of democracy, we are reminded of the brutal police repression of the apartheid regime. South Africans have lost faith in the ability of President Jacob Zuma's ANC to create a safe and secure environment for all. Instead, our citizens are beginning to fear the police as much as they fear the criminals that commit violent crimes on a daily basis.

The fact is that police brutality has become a national crisis for the first time since 1994. President Jacob Zuma's government is at the heart of the problem.

A presentation to the Police Portfolio Committee by the predecessor of the Independent Police Investigative Directorate (IPID), the Independent Complaints Directorate (ICD) on 30 August 2011 indicates a sudden spike in deaths and assaults associated with ‘crowd dispersals' since President Zuma's administration came to office. 59% of these victims murdered and assaulted were involved in ‘protest marches or demonstrations'. 

According to the ICD:

Allegations of police brutality related to crowd control increased from five in 2006, 16 in 2007 and 25 in 2008, to 59 cases in 2009.

Between 2009 and 2011, the number of allegations of police brutality increased to a total of 134 in comparison with the previous seven years which totalled 70 cases, representing a 91% increase. 

The number of cases of assault with intent to do Grievous Bodily Harm (GBH) during ‘crowd dispersals' increased from four to 44 between 2008 and 2009. This is a 1000% increase.

From 2009-2011 there were 75 cases of assault with the intent of grievous bodily harm (GBH). This represents a 525% increase in cases of assault GBH from the previous seven years.

Between 2009 and 2011, the total number of murders at the hands of police reached 29. This was an increase of 26% from the previous seven years combined.

Overall, between 2008 and 2011, police brutality during crowd dispersals increased from 25 in 2008, to 40 in 2011, a 60% increase. 

The statistics for 2012 and 2013 are not readily available in the public domain in the same detail. According to the 2012/13 IPID annual report, there were six assaults and 15 shootings related to crowd control that year.

No information is provided on whether these shootings resulted in deaths. According to publicly available information, we know that Andries Tatane was shot and killed in a service delivery protest in 2011; 34 were killed and 78 injured in Marikana in 2012; and in 2013, two women were killed in Cato Manor, Durban when they were shot in the back by the police during a crossfire.

This did not happen in isolation. It is the consequence of a government, led by a weak President, which has failed to take the steps needed to ensure a professional, effective and non-violent police service. 

At the heart of the problem, is the introduction of - and failure to end - military ranks in the SAPS. The National Development Plan makes it clear that military ranks in the police service need to be abolished, yet both the President and Police Minister Nathi Mthethwa have ignored this completely. Instead, when questioned in Parliament about his plans to demilitarise the SAPS, Minister Mthethwa showed complete disregard for this crisis and flatly denied that there was a problem.

And Instead of appointing an IPID head who sends a clear message to ordinary police officers, as well as to members of the public, that this government will not tolerate police brutality, Minister Mthethwa chose instead to appoint the controversial and politically-connected Robert McBride, who has been embroiled in numerous scandals including gun-running and assault.

If anybody will protect the SAPS and the Ministry of Police from scrutiny, it is Robert McBride. His appointment must not under any circumstances be ratified by this Parliament.

It seems increasingly clear that both the Minister and the ANC in Parliament's Portfolio Committee on Police are more concerned with undermining the fight against crime by passing the Private Security Bill than they are about ensuring - once and for all - that this level of violence is brought to an end.

The DA will institute the changes needed to stem the tide of police brutality when we are in national government. We will: 

Develop a clear policy on Public Order Policing and operational guidelines to guide their activities. This will include: guidelines on training, regulations on clear lines of control and command as well as the correct standard operating procedure to follow in cases of violent protests. These are: negotiation first, followed by the use of water cannons, barbed wire and stun grenades. We would also state at which point rubber bullets may be used. Live ammunition should not be used unless absolutely necessary. The decision to use live ammunition cannot be taken lightly and should involve the National Police Commissioner as well as the Minister of Police. 

Hold those responsible for violence and the destruction of property during public protests to account. This will include action against trade unions who fail to maintain order during strikes which they have organised. 

Ensure that police officers receive the necessary debriefing and psychological support before they are redeployed into high-risk situations after being exposed to traumatising scenes and events. 

Ensure that Public Order Policing (POP) units have access to the proper equipment and vehicles to fulfil their duties effectively.

Ensure that the POP units receive regular and timeous Crime Intelligence reports so that they are aware of protests and the concomitant dangers, before arriving to deal with community uprisings.

It is absolutely unacceptable that President Zuma has not responded appropriately to this crisis, despite the DA's continued calls for the establishment of a Judicial Commission of Inquiry into police brutality. Instead he has claimed that police brutality incidents were isolated and "the incidents we condemn are very few". 

It is for this reason that I will write to the Chief Whip of the Majority Party, Mr Stone Sizani, and the Chairperson of the Portfolio Committee of Police, Ms Annelize Van Wyk, to request an urgent meeting to encourage the establishment of a special parliamentary inquiry - either by the committee itself - or through the establishment of a special ad hoc committee into the crisis which has unfolded.

Such an inquiry would identify the core problems, summon witnesses including the Minister and the National Police Commissioner, Riah Phiyega, and make recommendations regarding legislative reform. It would allow Parliament to come to the defence of the South African people we all represent, who are now living in fear.

This has become essential - because President Zuma will not act. He dithers when action is needed, keeps a Minister who has done nothing substantial to reduce police brutality in office, and allows for the appointment of a police commissioner who is clearly out of her depth.

We can only trust that the ANC in Parliament will put politics aside and act swiftly on this matter of public importance. We will do everything possible on our side to ensure that this inquiry becomes a reality.

Statement issued by Lindiwe Mazibuko MP, DA Parliamentary Leader, January 31 2014

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