The recent conduct of police reservists is a direct opposite of rights and privileges

The recent conduct of police reservists is a direct opposite of rights and privileges

BY | NATHI MTHETHWA

The advent of a democratic dispensation has afforded all citizens of the Republic various freedoms and privileges. Included in these are rights to engage freely and where in disagreement with the other person, to express oneself without fear of intimidation. However, with all these privileges comes responsible conduct. I believe that the recent conduct of police reservists is a direct opposite of these rights and privileges.

The fight against crime is an integrated approach that requires the contribution of communities, business and other role-players. The beefing up of the Police Force, by police reservists and officers is central to the attainment of an upper hand in the war against criminals.

From the onset, the reservist system was never introduced as a stepping stone to securing permanent employment into the Force. Instead it was aimed at allowing citizens to volunteer their time to assist the police in fighting crime. When reservists signed up as volunteers, they signed agreements which clearly stated that they were volunteering their services to the police and that there was no expectation of permanent, neither employment nor remuneration agreement entered into.
As the police leadership and management, we remain committed to the processes of recruitment of individual reservist who meet the criteria established for enrolment into the Force. For the benefit of the public, the Ministry clearly outlined the processes and steps we followed in addressing the challenges facing these reservists. We took this approach to counter any form of misrepresentation that has been spread by certain reservists in relation to the recruitment processes and agreements reached with them.

Over the past week however, we have witnessed a number of illegal demonstrations by groups of police reservists, demanding full and unconditional integration in the Force. The latest marches in Port Elizabeth and Johannesburg are reminiscent of cowardice acts. The latter march in particular shows an unfortunate lack of understanding of the kind of conduct expected of would-be-officers as well as little regard for the stability of the country or the oath they took when they were first recruited as reservists.

To even channel their ridiculous grievances, flouting insults in an unorderly manner to the ANC Headquarters instead of the SAPS Head Office, shows sheer ignorance. Policing matters are neither a political nor mobilization issues but operational aspects that need to be addressed at the level of a government department.
What South Africans need to understand, something the reservists deliberately fail to carry on their placards when they embarked on these senseless marches, is that the Ministry is not dealing with an officially-recognized union, where an across-the-board progression will be implemented. And this was made clear right from the beginning.

There is nowhere in the world; whether Government of private sector where an employer can make an appointment to a potential employee, unconditionally. Otherwise we would all be doctors who had never been to medical school but by virtue of our caring attitude for those who are sick, teachers who had not gone to training colleges but filled with passion for learners, or police who are not even fit to chase a criminal but can operate firearms.

Now who in the right frame of mind would take on board, cowards who masquerade as reservists, who go on a national platform hurling insults in broad daylight? What kind of message are they sending to the society that expects to be protected and not threatened? Such conduct indicates desperate individuals, who are hell-bent on joining the Force for ulterior motives…probably to infiltrate our members with their negative conduct. Will we allow this? Is this the new kind officer we have in mind? Absolutely not! If this is indeed the kind of officers who see themselves as part of our Force, oh cry the beloved country!

Our stance, which we communicated through an open-engagement approach, premised from an unmoved position that there will be no automatic integration of reservists into the Force. We emphasized that each applicant will be assessed individually and not as a collective because we are intent on ensuring that we bring on board quality and not fill the Force with quantity. There will be no unconditional employment into the Force, reservists or not. The doors are open for anyone to leave the Force if one thinks he or she can short-circuit requirements of being a police.

However, despite our dissatisfaction with the manner in which some of the reservists have conducted themselves, we are aware that there are some who remain steadfast in their pledge to assist the country in fighting crime. It needs to be understood that not all reservists are ill-disciplined hence from our initial engagements; we emphasized that selection into the Force will be on an individual basis, not a collective. Such well-mannered reservists have played key roles in helping police in the fight against crime and have been used extensively in crime prevention operations. Precisely to avoid situations where good reservists are mirrored with the evil ones.

On 23 March 2009, a Summit was held to address the reservist system and challenges that exist regarding the system. This Summit addressed concerns raised by reservists and was attended by representatives of reservists country wide. A resolution was then taken by all stakeholders that reservists who were unemployed and who met the South African Police Service recruitment criteria would be considered - not an automatic integration of all - for recruitment as permanent members.

If there was ever a time when they were unhappy, it should have been immediately after this Summit. But alas, almost a year later we see them canvassing behind our back, insulting not only the police leadership but also the Highest Office in the Republic and yet expect to be brought on board as the protectors of the Constitution? Heaven help us all.

Our position at the Summit was clear: the process of automatic integration has never been on the agenda. We were not going to compromise our recruitment standards but at the same time we outlined that there maybe a few requirements which could be re-evaluated and relaxed in order to accommodate reservists’ employment as permanent employees. We need to reiterate that even at this Summit it was made clear that the enlistment process would be conducted and assessed on an individual basis, not as a collective group.
Listed below is the agreed areas related to recruitment of reservists:
• The issue of recruits needing to have permanent residential status could not be relaxed and would remain intact as a prerequisite
• No comprise could be made regarding reservists recruits needing to pass their psychometric test because this speaks to the recruits suitability to serve as a permanent member of the force
• We will not relax or compromise of the criteria of recruits not having any previous criminal records or convictions
• All reservist recruits would, as with other recruits, be forced to undergo both medical examinations and fitness assessments
• We will not relax training requirements and all reservist recruits would need to undergo the prescribed training for new recruits
There were some areas where the criteria would be relaxed or where under particular circumstances the criteria could be relaxed:
• The age limit for recruitment of reservists was relaxed to accommodate reservists who had more than three years experience from 30 to 40 years of age.
• The issue of recruits having to be in possession of a valid driver’s license would be relaxed for reservists who had three years or more experience.
• The issue of all recruits be required to have passed grade 12 would remain in place.

However if a reservist had passed grade 10 or 11 and had three years experience they could submit a written motivation to the Secretary of Police outlining why they felt, based on their experience as reservists, this criteria should be relaxed. The Secretary of Police would then deal with each submission based on its merits.
To even imagine that we lowered our recruitment standards, to accommodate the majority of them which by the way, was our discretion as Police leadership. Surely beyond these relaxations, it would mean that we attract quantity and not quality within the Force. We cannot bend backwards beyond these criterions.
In fact such conduct by would-be-officers clearly indicates the kind of candidates in our midst and do not need within the Force. We expect our officers to uphold the highest form of discipline, commitment, responsibility and exemplary behaviour and not the opposite. In the Force, there is no such room for such despicable thugs who masquerade as would-be-police.

Based on the relaxed criteria agreed to, a communiqué was then disseminated instructing provincial and divisional commissioners to prioritise qualifying reservists with a commendable track record for participation, recruitment and enlistment processes as well as for future intakes. Police management further undertook visits to all provinces to explain the process to reservists and to facilitate the recruitment and enlistment of reservists. Those interested in joining SAPS were requested to complete a preliminary application form.

On the SAPS database 25 931 reservists expressed interest in enlisting as permanent employees. Of the 25 931 who filled out the recruitment forms for recruitment only 8 619 passed the basic criteria related to permanent residency, no criminal record, age (that is under 40 years of age) language and education qualifications.
The 8 619 applicants were then sent for medical, fitness and psychometric assessments and of these 6 664 were rejected based on the outcome of the assessments. More than 1 900 recruits will be commencing with their training this coming Sunday, 14 February 2010. We further recruited more than five hundred as clerks. These are the people whom we hold in high regard because they have followed the process as it was explained.

But we did not end the process there; we then instructed that should any reservist feel that they were unfairly assessed or compromised during the process, then they are free to submit a request to the Police Civilian Secretariat to allow for this to be thoroughly investigated and addressed. The emphasis we made for such queries were that they need to be legitimate issues and not wild and unfounded allegations. The Secretariat immediately began the process, further requested that such complaints be put in writing and is currently being fully investigated and processed.

The Ministry adopted a transparent approach to this matter to ensure that we accord each reservist a fair chance. We cannot and will not compromise on the integrity of the Force for the sake of appeasing those reservists who have failed to meet the basic criteria and want to hold the process hostage.

Perhaps the timing of these reservists’ conduct helps our cause as we are in the processing of rooting out negative and corrupt elements within the Force. By displaying such conduct publicly, our job has been somehow simplified. As for the empty threats by certain groups of reservists that they will make the FIFA World Cup ungovernable, let them try. We will not tolerate such rubbish.

We make a kind-hearted appeal to such cowards to take time to listen to one kwaito songs currently hitting the airwaves, with the following lyrics: “umlilo uzokushisa ungalokothi, uwothe” loosely translated “watch out for the fire, it will burn you.” So all the ill-disciplined and unruly reservists have been warned.

Nathi Mthethwa is the Minister of Police

Awulethue umshini wakho. Surrender your firearm

Awulethue umshini wakho. Surrender your firearm

By Minister of Police Mr Nkosinathi Mthethwa

Our country’s Constitution guarantees every person the right to life and the right to security, which includes among other things, the right to be free from all forms of violence from either public or private sources. Our Constitution further guarantees that adequate protection of such rights is fundamental to the well being, social and economic development of every person. However, the increased availability and abuse of firearms and ammunition contributes significantly to the high and unacceptable levels of violent crimes in our society.

To realise these Constitutional imperatives, the South African Police has embarked on the number of operations. Amongst these are Operation Washa Tsotsi and Operation Duty Calls. Since the launch of Operation Washa Tsotsi on 1 July 2009, a total of 752 criminals have been arrested in coordinated intelligence-led take-down operations and R25, 5 million worth of evidence has been seized. These arrests were over and above arrests made during normal day-to-day policing and detective work.

Operation Duty Calls was launched late in November to counter the usual spike in crime rates during the holiday period. It focused on visible policing at shopping malls and taxi ranks, as well as patrols of popular tourist destinations and operations against illegal firearms. Due to this operation there was a significant year- on-year decline in crimes, including armed robbery, burglary and theft of cash in transit.

To take our fight against crime to a higher level, on 11 January 2010 the South African Police launched the firearm amnesty, Operation Awulethe umshini wakho. Surrender your firearm. It will run until 11 April 2010 and has the following objectives:

•to advocate for the voluntary surrender for destruction of licensed firearms through the process prescribed in the Firearms Control Regulations.
•to allow for the surrender of illegal firearms under the amnesty.
•to allow people who missed the cut off date for relicensing to license their weapons in terms of the Firearms Control Act (FCA).
The amnesty process should not be seen in isolation from our efforts to reduce the number of illegal firearms in circulation. It should be understood to be part of our holistic approach to reduce firearms in private hands and the resultant crime from the proliferation of these guns.

The current amnesty process is aimed at achieving the following:

•Promoting responsible firearms ownership through the implementation of the Firearms Control Act (FCA).
•The implementation of Integrated Ballistic Identification System (IBIS) testing of weapons. In particular state weapons and starting with SAPS members. This is aimed at ensuring greater accountability and responsibility over weapons in the hands of state officials and private security operators.
•Initiatives by SAPS to remove weapons from the hands of criminals through focused police operations and investigations.
•Addressing the pool of illegal weapons in circulation within the Southern African Development Community (SADC) region. To this end we are planning to ensure that similar amnesty processes occur in other SADC countries starting in March this year.
Under the amnesty the following people are targeted:

•Individuals who have knowledge of whereabouts of firearms and ammunition.
•Individuals who inherited firearms and did not apply for a license.
•Individuals who have legally sold or disposed of licensed firearm, but are still in possession of firearms parts or ammunition.
•Manufacturers, gunsmiths and firearms dealers with surplus, obsolete and redundant firearms and ammunition.
•Storage facilities where firearms and ammunition are stored.
•Individuals who store firearms without legal authorization.
•Private security companies with obsolete, redundant or surplus firearms.
•The general public.
People who wish to make use of the amnesty process will surrender their weapons or apply for licensing through their local police stations. Each local station has been instructed to appoint a designated Firearm Amnesty Official/s who will be responsible for ensuring smooth running of the process at a local level. The Provincial and National Joint Operation Centres (JOC) will co-ordinate all operational aspects of the amnesty process.

The establishment and maintenance of an all-inclusive monitoring mechanism will play a pivotal role in the successful conclusion of Amnesty 2010. In relation to the issue of compensation, the Firearms Control Act, 2000, is clear about the circumstances under which compensation will and will not be paid.

Compensation is not payable where the firearms and ammunition was seized from a person to whom no license was issued, or the person was otherwise unlawfully in possession of the firearm. A lawful owner of a firearm also has no claim against a firearm if the South African Police Service (SAPS) recovered it after having been stolen from a lawful owner as a result of his or her negligence. The Act also provides that no compensation is payable where firearms or ammunition are destroyed by the State.

A person who has had their license repealed under the old repealed Act, or who does not wish to retain their licensed firearm has a number of options open to them:

•The person could choose to sell their firearm to a licensed person or a firearm dealership.
•A person who wanted to keep firearms purely for sentimental reasons could apply for permission to de-activate a firearm and once permission is obtained, such de-activation has to be performed at their own expense.
•They could choose to forfeit the firearm to the State for destruction and where the destruction costs are then borne by the State.
The choice on how to dispose of a firearm is therefore with the owner, as long as the conditions of the Firearms Control Act are adhered to as cited above.

There may be entities that will embark on a strategy to derail the amnesty processes. One of which is the discrediting of the safety of firearms in police custody and the amnesty processes as exemplified by the wild accusation made by the Gun Owners of South Africa (GOSA) last week Friday.

In order to address these allegations as well as to ensure public confidence in the process, we have established a comprehensive monitoring process to monitor the amnesty. A National Monitoring Team has been established under the Secretariat of Police and the provincial teams have been put in place and will report to this national team on all aspects of the process.

Vital to the success of the amnesty is an effective communication plan. Our communication plan has been up and running since 4 January 2010 and will continue until the end of April. Our communication plan includes the following:

•Informing the public about amnesty.
•Communicating the period and conditions of the amnesty.
•Promoting responsible firearm usage and compliance with the FCA.
•Creating awareness in communities.
•Enlisting the support of civil society in communicating the amnesty to the public.
•Informing the public about steps being taken by government to address firearm related crimes.
We are encouraged by the support the amnesty has received from members of the public and organizations. Weapons have already started to be handed in at local stations around the country. Within two weeks of the launch more than 22 000 weapons and over 33 600 rounds of ammunition had been recovered. We wish to thank citizens who have heeded our call to rid our country of unwanted and illegal firearms by making use of both the amnesty of 2005 and the present amnesty.

Equally, we are encouraged by the support we have received from the business community, Gun Free South Africa and even from some of the Gun Owner Associations such as the South African Hunters and Game Conservation Association. We intend over the coming days and weeks to intensify our engagement with other organisations to ensure their support for this process.

It is important for us to explain to the South African public the reason that prompted us to declare this Amnesty. Amongst other factors is that South Africa has a significant pool of illegal firearms in circulation which contribute to the high rate of serious and violent crime as well as firearm-related crimes.

The source of these illegal firearms range from stolen firearms from licensed members of the public to firearms illegally smuggled into the country. It is therefore common in nature that they are owned illegally and the State has little or no knowledge of them.

The law enforcement agencies be it police, military, intelligence community are charged with the responsibility of uncovering illegal arsenals, tracking arms smuggling and uncovering illegal weapons syndicates. The success of any operation depends on the active participation of the ordinary citizens of our country.

It is indeed a duty of every South African patriot to report any criminal activity including the illegal possession and dealing in firearms and ammunition. As a government that cares, we understand that all our people irrespective of race, class, gender, or religion deserve to live in a secured and comfortable environment.

Working together with communities, the ANC government will ensure that criminals are dealt with to the full extent of the law. To fight crime, we need to stand together. We must build and strengthen partnerships, and work together to speed up effective service to the people in order to succeed in our objective of creating a united, non-racial, non-sexist, democratic, peaceful, secured and prosperous South Africa.

The journey that we have thus far travelled gives us confidence that we shall reach our goal of a society that is free from gun violence, a society that cares.

Awulethue umshini wakho. Surrender your firearm.

Remarks by the Newly Elected Hillbrow CPF Chairperson

09 December 2009

I feel honored to be given this opportunity of addressing you as the new Chairperson of the Hillbrow community Policing Forum, and would like to thank each one of you here tonight for making this meeting a success.

The Hillbrow CPF Executive elected in this historic meeting today, has a crucial role in the fight against crime not only in Hillbrow, but in the province and country as a whole. This new CPF structure is weapon safely in the hands of the Hillbrow community, to ensure that there is closer cooperation and strong partnership between the police and the community on matters relating to:
a. Timeous and accurate reporting of crimes to the police
b. Building the legitimacy of the police in the eyes of the community
c. Mobilising and educating the communities about crime prevention
d. Ensuring that the SAPS are accountable to the communities they serve
e. The building of the culture of respect for the law.

Criminality knows no race, no gender, no age, no religion and no political affiliation. It affects us all. We must combat it together. I urge my fellow elected CPF executive members to mobilise all strata and sectors of society, irrespective of social, religious, political or ideological affiliation into crime prevention.
Accordingly, This CPF should also take an active part in assisting the SAPS with resources and skills in order to fulfil their duties.

In this regard I challenge the newly elected CPF Executive and the Hillbrow community at large to mobilise all the community members and the police in the area to make sure that the Hillbrow CPF;
- Becomes fully representative of the community across the political economic and social spectrum in its programmes as well as structures.
- That the CPF works closely with the Local government and Sec 59 committees on crime prevention.

The role of the Hillbrow CPF should be further deepened to have crime prevention programmes in conjunction with local government particularly with regard to public education on criminality as well as victim support and empowerment.

Crime cannot be fought and defeated by a magic wand from an individual. It needs us to work together and I want to assure everyone here that the CPF executive elected here today will work very hard and around the Clock to restore and redeem Hillbrow police station’s credibility.

I also want from today to ring in everyone’s head that, that crime is enemy number one for all of us and we need to work together in combating and preventing it.
I therefore thank you.

Mr Moses Ka Moyo
Hillbrow CPF (Chairperson)
+27 76 681 0577