Welcome to the Mpumalanga Provincial Government

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


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