Keynote address by the Mpumalanga MEC for Safety,
Security and Liaison, Sibongile Manana, during the Safety and Security Summit on
service delivery unrest, Badplass, Aventura
18 March 2010
Programme director
Executive Mayor of Albert Luthuli municipality, Councillor S Dlamini
Colleagues from the Mpumalanga executive council
Members of the provincial legislature
Councillors from different municipalities
Members of the Justice, Crime Prevention and Security (JCPS) cluster
Invited guests
Government officials
Ladies and gentlemen
We are gathered here today to find ways on how can we improve on the
services we render to our people. The greater part of last year was
characterised by protests for services by various communities demanding
legitimate services from our government, more especially the municipalities.
The Mpumalanga government hosted a summit on local government with the
objective of considering a number of ways and defining different tools for
improving the manner in which we render services to our people.
The summit looked at issues such as good governance and others so that
as services are rendered, government is also able to ensure the adequate
involvement of communities in decision making and as a result communicates
government’s plans for service delivery.
There is a direct link between the summit held in Secunda and the one
we are having here today. Our main objective is to consider ways and means as to
how we can ensure that protests by communities are lawful and peaceful.
Thousands of people take part in protests across the country each year.
This is a constitutional right and as government we full support people’s rights
to democratically express views on issues they feel strongly about.
The South African Police Service (SAPS) and other law enforcement
agencies also have a vital role to play in ensuring that where protest action
takes place it does so in a peaceful, lawful and safe manner and does not cause
unnecessary disruption to community.
Government seeks to strike an appropriate balance between everyone’s
rights; the rights of citizens to protest with the rights of a lawful business
and its employees to continue working without unlawful disruption or
intimidation and the rights of other members of community to continue their
daily lives without excessive disruption.
Programme director, we have unfortunately noticed that within some
otherwise peaceful protests, a few individuals resort to criminal activities to
further their cause. These individuals sometimes try to hide their illegal
activities by associating themselves with otherwise peaceful protestors. These
minority groupings must be identified and brought to justice.
We have also noticed that some groupings deliberately embark on illegal
protests. This arrangement seek to defeat the ends of justice as these types of
protests are not legal, they are not protected and in most cases, they result
into unrest thus causing unnecessary harm to the protestors themselves,
businesses, government infrastructure and communities.
Whilst the Constitution grant people the right to lawful demonstration,
this right comes with limitations, for instance for the prevention of disorder
or crime or for the protection of the rights and freedoms of others.
This means that in some cases, SAPS may find it necessary to place
limitations on protests if there is a reasonable belief that the route applied
for may result in serious public disorder, serious damage to property and
serious disruptions to the life of the community.
A request to protest is sometimes denied if the purpose of the protest
is to intimidate others with a view to compelling them not to do an act that
they have right to do or compelling them to do an act they have right not to do.
Programme director, let me take this opportunity and indicate that as
government we have an obligation to prevent crime and disorder, illegal protests
and as a result police officials will always strive to be even handed and
proportionate in any response to protest.
When people decide to engage or embark on a protest, they are expected
to follow the legal process. In South Africa, protests are regulated through the
Regulations of Gatherings Act 205 of 1993. The following constitute some of the
key factors of the act:
- the procedure for convening a gathering
- specific limitations on demonstrations and gatherings in the vicinity of courts, Parliament and Union Buildings
- regulations of conduct of gatherings and demonstrations
- the legal consequences of damages arising from demonstrations or
gatherings and criminal provisions of the act
The key issue here programme director, is for all of us to comply with
the provisions of the act, cooperate with the police and the responsible officer
appointed by the local authority and ensure that protestors conduct themselves
in a proper manner. Government will always ensure that any deviation from this
act is acted against and all community members are protected.
Programme director this summit should be able to cover the three most
important areas during discussion at plenary and in focused commissions; law
enforcement, good governance and prosecution.
All law enforcing agencies have got a responsibility to ensure that
they prevent criminal activities, that should anyone be found to be on the wrong
side of the law; the necessary steps are taken. During the period of unrest we
received a number of complaints from the communities and public office bearers.
Community members were complaining that some police officers are
responsible for the unrests in the communities as they were alleged to be
colluding with the so called “concerned groups”; others were saying police
officers were very harsh in their conduct during the unrest period. We have also
received complaints that police officers failed to protect state infrastructure
and asset belonging to some political office bearers from being damaged by the
protestors.
Police officers are expected to conduct themselves in a particular
manner as they strive to maintain peace and stability during the protests time.
The code of conduct for the police emphasises professional conduct at all times
whilst dealing with our people. We should ensure at all cost that we comply with
the provisions of the Standing Order 262. The Standing Order regulates crowd
management during the gathering and demonstrations in accordance with the
demonstration principles of the Constitution and acceptable international
standards.
This Standing Order in particular implores police officials to preserve
peace and help the community. The police officers are obligated to attempt to
create an atmosphere which is conducive to negotiations by refraining from the
display of aggression, such as brandishing of firearms and special equipment.
Negotiations should supersede all other measures to diffuse the
situation. It is expected of all police officials to set the highest standard of
tolerance and does not use any firearms against the demonstrators except in the
case of private defence should lives be in serious danger.
Our role remains the one of ensuring the prevailing of law and order
during the protests, arrest perpetrators of criminal activities and protect
property. Proper record keeping and usage of videos need to be enhanced to
ensure that perpetrators are easily identified and placed on the scene. This
would amongst others assist the prosecution to uphold the principle of common
purpose principal and be able to prosecute and find the accused guilty beyond
reasonable doubt.
Good governance and administration is a prerequisite of satisfactory
service delivery. In most cases, we have observed, that communities will resort
to protests because issues raised with the leadership of municipalities are not
addressed. Sometimes when these issues as raised by communities are addressed,
they are not adequately communicated. Certainly this gives rise to illegal
protests.
Issues of corruption and any issue of criminal nature emanating from
the conduct either of municipal employees or municipal political office bearers
need to be reported to the police. If we are able to do so; the call made by the
premier during his State of the Province Address to fight crime and corruption
will be realised. This means that our approach in dealing with crime and
corruption does not discriminate in terms of colour or positions people occupy
in any structure in the province.
It is also equally important that the intelligence community assist us
in being pro-actively in the gathering of information. This will assist our law
enforcement agencies to plan and prepare for any eventuality. Government cannot
afford to be caught off guard by protests. The tools and systems to perform this
responsibility are available and let them be utilised adequately. Community
structures such as the community police forums (CPFs), multi agency mechanism,
community development workers, ward committees, sector crime forums, etc. need
to work together in defusing potential violent situations.
The other challenge facing us is the successful prosecution of arrested
perpetrators. I agree with those who believe in investigation in order to make
an arrest not to arrest in order to conduct an investigation. We have a
responsible to ensure that the information provided to the prosecution authority
is enough to secure a conviction.
There is a need to find other strategies of ensuring that witnesses
remain committed to assist the state to win its cases by not refusing to testify
against the perpetrators of crime. We must also make sure that the sentences
handed down also serve as a deterrent to would be perpetrators. I would like to
call upon all stakeholders to work in partnership to ensure that justice
prevails.
Government will continue to create the necessary space for all rights
to be respected including the right to demonstrate for as long as everything is
conducted within the ambit of the law. You can demonstrate and protest lawfully
and peacefully. Legally you cannot trespass and refuse to leave someone’s
property; you cannot damage someone’s property or obstruct the police when they
are doing their work.
The key responsibility for police involved in the resolution of any
demonstration, protest or industrial action is the same as for any other
intervention. That is the protection of life and property and the maintenance of
peace and order, which includes others being able to go about their lawful
business.
Let me take this opportunity and wish the summit productive
deliberation.
Together let us ensure lawful and peaceful protests
I thank you.
Issued by: Mpumalanga Department of Safety, Security and
Liaison