Abstract
Corruption in the SA police is a national problem. The reports about graft are disappointing. This happens as the police who have been entrusted by law with the duty of protecting and serving the people are continued to be found guilty of engaging in corruption. Indeed, owing to the rampant cases of corruption that have been reported and investigated, the public image of the South African police service has been significantly damaged. This is so considering the cases filed of rampant and reckless corruption committed by officers of high rank profile. The researcher finds it necessary to dig deeper to unearth the background of SA police corruption issues and possible recommendations that can address the issues that come up. According to the researcher, the case of police corruption in South Africa is one that needs proactive measures. If not, the high level of institutionalised police corruption will greatly affect the nation and the democracy that has been worked for years may suffer the consequences.
Introduction
Research into institutionalized police corruption in S.A is critical to all citizens of the country considering the fact that policing affects the everyday life of the citizens. This becomes more critical as cases of crimes against humanity such as assault, rape, drugs, murder and house breaking becomes common (Grobler, 2005). The citizens of South Africa are more concerned about their safety and security in the recent times than any other time in history. Understanding the ethical obligations that the police have to their country is critical if this problem would find a sustainable solution. This research would also play a major role in giving a voice to the citizens of South Africa and provide a platform for them to air their concerns in regards to the need for ethical policing practices. The citizens have a role of ensuring that policing responsibilities are left in the hands of people who are trustworthy and accountable. Considering the police offer an essential service to the public means that efforts to boost accountability and responsibilities among the officers are a necessity to build back the lost trust on the police service.
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Police corruption in South Africa has reached alarming levels. This is to the extent that not only junior officers in the rank are caught in the web of corruption, but also, high-ranking officers. Recent revelations have caused public uproar over the need to overhaul the police management structure to deal with the existing gaps that led to increased corruption. Concerned citizen bodies and other institutions have come up loudly to condemn the current trends of police corruption, which have a potential to undermine the progress that had been attained so far in building democracy as a pillar for growth in S. Africa (AfriMap & Open Society Foundation, 2005). The research would delve deeper into understanding the background of police corruption in the country, the forms of corruption that has been reported, and the recommended solutions that would need to be factored into place to deal with the situation. The issue is critical considering the fact that police corruption in South Africa has roots that would need to be identified and addressed. Besides, addressing the problem would need not only for the symptoms to be treated but the causes to be addressed.
In order to gather the needed data in regards to police corruption trends, practices, and cases effectively, the researcher would employ a number of tools in the process. Gathering data on police corruption directly from the police would be quite an uphill task. However, the researcher establishes practical steps that would facilitate the collection of reliable and valid data, which are needed to make the research a success. In this context, the researcher employed various secondary materials including an extensive literature review articles that have covered this subject. In addition, the researcher employed media reports that have directly addressed the issues of police corruption. Thirdly, the researcher has employed police practical experiences with the issues of corruption. Taking on this approach was critical considering the significance of the findings to the process of re-shaping the future police management discourse in the country. As efforts are desired to create a paradigm shift in the way, policing is done in S. Africa; this report would be useful.
Overview/Introduction to the Problem
The problem of focus in this research is police corruption in South Africa. Police corruption is one of the recent issues that have led to increased public uproar. This comes amidst the revelations indicating a massive spread of corruption and corrupt practices across the police ranks. It is critical to note that corruption is the current leading causes of the poor public confidence and trust in the South African Police Service (SAPS) (Fric & Walek, 2001). This comes amidst the failed efforts by various anti-corruption strategies that were aimed at improving the integrity of the police. The current conversation has been on the need to establish once again, a dedicated unit to tackle police corruption in the country (Fric & Walek, 2001). However, the question that remains is, “Will that help or save the situation?” As per the current high trends of spread of police corruption among the ranks, there is need for appropriate steps to be undertaken to build a better police force that would observe their ethical obligations as they serve the public (Fric & Walek, 2001).
Police corruption undermines democracy and social justice. Owing to this impact, it deepens social inequality and poverty, creates room for organized crimes, and largely stuns the measures that are taken to promote human security. Corruption in the police service takes various forms and may take place in diverse environments where the police interact with the public. The media in the country publish daily new instances of police corruption where police engage in the abuse of entrusted power for their private benefit (AfriMap & Open Society Foundation, 2005). The abuses carried out by the police range from receiving bribes from political leaders, corporations and those from wealthy private individuals. It cuts across the corruption committed by the police, which undermine fair delivery of basic services in education, housing, and policing. On this ground, it is clear that police corruption in South Africa is far widespread into almost all domains of service delivery for the public.
Background of the Problem
A keen look into the way police corruption happens in the S. Africa reveals that the corrupt practices of the police have their roots in the way that the ‘security forces’, civil service and business ran under apartheid. The fact is that whereas numerous gains made in policy and regulatory control of police management, it has been an uphill task to prevent or control corruption among the police. During the apartheid era, police corruption was rampant leading to the oppression of the public. In the post-apartheid era, corruption has remained to be the norm among rogue police officers who have maintained some of the practices that made the country seek independence (AfriMap & Open Society Foundation, 2005). Police corruption has continued to eat into the public and private sectors and has contributed to some of the social problems facing the nation such as increased organized crimes, unemployment, and inequality.
Research also reveals a number of contributory factors that have led to increased corruption in South Africa. First, there is societal strain in the capitalist country, which pushes the police officers to engage in corrupt practices to make key gains. The researcher argues that police officers are first human beings and secondly, people who do not exist separately from the aspirations and expectations of the capitalist communities they belong (AfriMap & Open Society Foundation, 2005). The fact that South Africa is a capitalist economy where a person’s status in society is defined by the amount of the material possessions they own; people who do not have economic power are normally pressurized to do all they could can to become successful members of their communities. This societal context has been responsible for acts such as bribery, or paid for docket disappearance (Westhuizen, 2010).
Lastly, there is the case of the temptation to misuse police discretionary powers. According to Miller (2003) argues that ‘’South African police are three times more likely to commit a crimethan the average South African civilian”. The foregoing emanates from the fact that, the nature of police work involves high levels of temptation in handling cases such as the investigation of organized crime, as well as, the high-profile criminals that do not mind to corrupting the police. This combined with the fact that the police have very high levels of discretionary authority that could be exercised in circumstances where close supervision is not possible, they make take on the opportunity to engage in corrupt practices and keep that from the public domain (Geller & Stephens, 2003). Use of discretionary power is seen by the fact that the police make the choice on the suspects to arrest or not, and when to make the arrests. At times, these choices are influenced through money exchanged for protection by the said gangs. In this context, the errand police end up protecting the criminals and not good citizens (Geller & Stephens, 2003).
Statement of the Problem ‘
Corruption in the South African police service is not new. It may be misleading to imagine that police corruption was not there in the apartheid era. There is overwhelming evidence that corruption was very much present during the apartheid period. The “kitskonstabels’’ also known as ‘’instant constable” were poorly trained in six weeks and engaged in massive police corruption at the time. They engaged in taking of bribes and acted as agents of the then oppressive apartheid regime (Whisenand & McCain, 2014). In essence, police corruption in South Africa is a problem that has been transferred from the apartheid period and enhanced by the police through the support they get from the political leaders who are in influential position. While this is an ethical problem, it has a lot to do with the political discourse of the country.
Today, the police continue to engage in corrupt deals and get protection from the political offices. In fact, the politicians in the country are partly responsible for the corruption problem. They collude with the police to take on corrupt deals in exchange of the promise to protect the offices/jobs of the police (Whisenand & McCain, 2014). The current system where politicians recommend and appoint national police commissioners to sit at the top and highly coveted positions in the police has partly been responsible to the escalation of this problem. This happens as police officers are subjected to compromised positions as they attempt to access favors from the politicians. The fusion between politicians and police has made the police less accountable to the public.
One of the constitutional duties of the President is to appoint and fire the National Police Commissioner. This powers are captured under section 216 (4) (a) South African Police Service Act 1995. For instance, General BhekiCele was a political appointee of the president who ended up being found guilty of many corrupt dealings and gross misconduct. Another case is that of the National Police Commissioner Jackie Selebi whose fall is linked to the unlawful dealings that she had with drug lord Glen Agliotti. In the recent times, National Police Commissioner General Riah Phiyega is being investigated for alleged criminal offence linked with alleged dealings with a drug lord. All these cases indicate the reality of corruption across the ranks of the South African police, and are some of the incidents and outcomes that resulted from the corruption in the police service (Whisenand & McCain, 2014).
Rationale for Recommended Changes
The rationale for the recommended changes to minimize or stop police corruption in South Africa should capture the following.
i. Prevention
The first course of action should be directed towards promoting ‘prevention.’ Prevention of future crime should be a priority. In order to promote crime prevention, there would be need to revise SAPS Code of Ethics. Besides this, it would be important to link police corruption with clear and strict disciplinary measures among the police found guilty. This process may also involve conducting integrity tests among officers, taking on anti-corruption training, and public education on the public as the watchdog against rogue police officers.
ii. Detection
Recommended changes in the management of the police should also be tagged on the need to promote early detection of police corruption. As noted earlier, the discretionary powers of the police has given them room to influence detection of corruption. However, with increased public participation, it becomes easy to deal with incidences of corruption. Periodic audits and evaluations of high risk police stations on corruption and fraud is welcome.
iii. Investigation and Prosecution
There is need for better equipping of station level detectives investigating corruption and organized crime units that are in-charge of investigating serious cases. Proper investigation may also call for enhanced inter-agency cooperation in liaising with each other and with the corruption courts.
Conclusion
Conclusively, this study makes it clear that police corruption is a major problem that is eating into the social, political, and economic fabric of the nation. The rampant cases of graft among the police officers in South Africa cuts across the ranks from the top officers to junior officers, and the situation is not likely to change any sooner. The study further makes clear that police corruption in South Africa is not a new concept. Instead, it has been replicated by the corrupt practices that happened during the apartheid period. Dealing with police corruption in South Africa would need various factors to be put in place. These include the police structure, as it is, the fusion of the police appointments and politicians, and need for better vetting of the police as they assume offices.
References
AfriMap& Open Society Foundation (2005). South Africa: justice sector and the rule of law. Johannesburg: Open Society Foundation for South Africa.
Fric, P &Walek, C. (2001). Crossing the Thin Blue Line: an international annual review of anti-corruption strategies in the police. Prague: Transparency International.
Geller, W., & Stephens, D. (2003). Local Government Police Management , 4th ed. Washington, DC: International City/County Management Association.
Grobler, E (2005). A criminological examination of police criminality. Unpublished PhD dissertation, Pretoria: University of South Africa (Unisa).
Westhuizen, J. (2010). https://core.ac.uk/download/pdf/43177261.pdf
Whisenand, P & McCain, J. (2014). Managing Police Organizations , 8th ed. Upper Saddle River, NJ: Prentice Hall.
