Accountability of the police to provincial governments in South Africa: a comparative analysis of law and practice in the eastern and Western Cape Provinces
- Authors: Tyabazayo, Phumlani
- Date: 2022-03
- Subjects: Police -- South Africa , Police power , Police administration
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/22456 , vital:52323
- Description: The 2012 Constitutional Court matter between the national minister of police and the premier of the Western Cape (Minister of Police v Premier of the Western Cape 2013 (12) BCLR 1365 (CC)) concerning the exercise of provincial policing powers as provided for in chapter 11 of the Constitution of South Africa laid bare the tension between the national and provincial governments in the exercise of these powers. Despite the Court’s determination of the dispute, there are still grey areas regarding the constitutional obligations of the provinces with regard to policing. The result has been a lack of clarity and uniformity in the exercise of policing powers by various provinces in South Africa. Based on documentary analysis and interviews, this study explores the parameters of the powers of provinces in policing matters as well as the extent of accountability of the police to provincial governments in South Africa by comparing the law and practice in the Eastern Cape and Western Cape provinces. The study argues that if provinces are to effectively exercise their constitutional powers in policing matters, there needs to be a degree of uniformity in and a mutual understanding of the extent and parameters of provincial policing powers. Only when they clearly understand their powers in policing matters will provincial governments be able to develop legal and policy frameworks to consolidate their powers and effectively hold the police accountable. The study considers whether the current policing powers afforded to provinces are adequate and if not, whether constitutional reform is needed to afford provinces more and clearer policing powers. Furthermore, within the context of participatory democracy, the study takes an in-depth look into the accountability role of Community Police Forums. The study finds that, generally, provincial governments fall short in fulfilling the obligations imposed on them by the Constitution. The study further finds that, in practice, there is still uncertainty about the role of the provincial governments and the Civilian Secretariat for Police in policing matters. Among the recommendations of this study is that section 206 (1) of the Constitution be amended to give provinces power to formulate policing policy in respect of issues peculiar to a particular province. The study also proposes a model to enhance the exercise of provincial policing powers by provincial governments in South Africa. , Thesis (PhD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-03
- Authors: Tyabazayo, Phumlani
- Date: 2022-03
- Subjects: Police -- South Africa , Police power , Police administration
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/22456 , vital:52323
- Description: The 2012 Constitutional Court matter between the national minister of police and the premier of the Western Cape (Minister of Police v Premier of the Western Cape 2013 (12) BCLR 1365 (CC)) concerning the exercise of provincial policing powers as provided for in chapter 11 of the Constitution of South Africa laid bare the tension between the national and provincial governments in the exercise of these powers. Despite the Court’s determination of the dispute, there are still grey areas regarding the constitutional obligations of the provinces with regard to policing. The result has been a lack of clarity and uniformity in the exercise of policing powers by various provinces in South Africa. Based on documentary analysis and interviews, this study explores the parameters of the powers of provinces in policing matters as well as the extent of accountability of the police to provincial governments in South Africa by comparing the law and practice in the Eastern Cape and Western Cape provinces. The study argues that if provinces are to effectively exercise their constitutional powers in policing matters, there needs to be a degree of uniformity in and a mutual understanding of the extent and parameters of provincial policing powers. Only when they clearly understand their powers in policing matters will provincial governments be able to develop legal and policy frameworks to consolidate their powers and effectively hold the police accountable. The study considers whether the current policing powers afforded to provinces are adequate and if not, whether constitutional reform is needed to afford provinces more and clearer policing powers. Furthermore, within the context of participatory democracy, the study takes an in-depth look into the accountability role of Community Police Forums. The study finds that, generally, provincial governments fall short in fulfilling the obligations imposed on them by the Constitution. The study further finds that, in practice, there is still uncertainty about the role of the provincial governments and the Civilian Secretariat for Police in policing matters. Among the recommendations of this study is that section 206 (1) of the Constitution be amended to give provinces power to formulate policing policy in respect of issues peculiar to a particular province. The study also proposes a model to enhance the exercise of provincial policing powers by provincial governments in South Africa. , Thesis (PhD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-03
An investigation into the use of whistle-blowing as a means to curb unethical behaviour of police officers in the Nelson Mandela Bay
- Authors: Mboyi, Sabelo Advocate
- Date: 2008
- Subjects: Police -- South Africa , Whistle blowing -- South Africa , Misconduct in office -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8241 , http://hdl.handle.net/10948/760 , Police -- South Africa , Whistle blowing -- South Africa , Misconduct in office -- South Africa
- Description: The use of whistle-blowing as means to curb unethical behaviour of police officers in the Nelson Mandela Bay is investigated in this study. In order to investigate this, various instruments were used, these are interviews and questionnaires. However the objectives of the study were: - To examine the implementation of whistle-blowing in the SAPS. - To develop strategies and measures that can be used to encourage whistle-blowing in the SAPS. Broadly speaking, these objectives have been achieved by providing empirical evidence which shows that: - Unethical behaviour by police officers is the most ethical challenge facing police officers in the Nelson Mandela Bay Area. This is based on the findings which eminate from the interviews. - Whistle-blowing is used by police officers as an early warning system that alerts the superiors about misconduct before it is too late as it defects and deters wrongdoing. However, the study suggests various strategies and measures to assist the implementation of whistle-blowing. These strategies include: - Development of hotlines. - Assurance of confidentiality and anonymity of disclosures. - Response plan development. - Training development. - Regarding whistle-blowing as an ongoing communication. This study also indicates that misconduct by police officers in the Nelson Mandela Bay area is not high. While whistle-blowing is considered as a key tool in promoting individual responsibility and accountability among police officers. In conclusion, recommendations are provided which could assist the SAPS and individual police officers to improve ethical conduct, and for improved measures and mechanisms to deal with unethical behaviour of police officers and recommendations for improved implementation of whistle-blowing process.
- Full Text:
- Date Issued: 2008
- Authors: Mboyi, Sabelo Advocate
- Date: 2008
- Subjects: Police -- South Africa , Whistle blowing -- South Africa , Misconduct in office -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8241 , http://hdl.handle.net/10948/760 , Police -- South Africa , Whistle blowing -- South Africa , Misconduct in office -- South Africa
- Description: The use of whistle-blowing as means to curb unethical behaviour of police officers in the Nelson Mandela Bay is investigated in this study. In order to investigate this, various instruments were used, these are interviews and questionnaires. However the objectives of the study were: - To examine the implementation of whistle-blowing in the SAPS. - To develop strategies and measures that can be used to encourage whistle-blowing in the SAPS. Broadly speaking, these objectives have been achieved by providing empirical evidence which shows that: - Unethical behaviour by police officers is the most ethical challenge facing police officers in the Nelson Mandela Bay Area. This is based on the findings which eminate from the interviews. - Whistle-blowing is used by police officers as an early warning system that alerts the superiors about misconduct before it is too late as it defects and deters wrongdoing. However, the study suggests various strategies and measures to assist the implementation of whistle-blowing. These strategies include: - Development of hotlines. - Assurance of confidentiality and anonymity of disclosures. - Response plan development. - Training development. - Regarding whistle-blowing as an ongoing communication. This study also indicates that misconduct by police officers in the Nelson Mandela Bay area is not high. While whistle-blowing is considered as a key tool in promoting individual responsibility and accountability among police officers. In conclusion, recommendations are provided which could assist the SAPS and individual police officers to improve ethical conduct, and for improved measures and mechanisms to deal with unethical behaviour of police officers and recommendations for improved implementation of whistle-blowing process.
- Full Text:
- Date Issued: 2008
Job stress, burnout and coping strategies of South African police officers
- Authors: Myendeki, Akhona Nangamso
- Date: 2008
- Subjects: Burn out (Psychology) , Stress management , Police -- South Africa , Police -- Job stress , Stress (Psychology) , Job stress
- Language: English
- Type: Thesis , Masters , M Soc Sc (C Psy)
- Identifier: vital:11859 , http://hdl.handle.net/10353/136 , Burn out (Psychology) , Stress management , Police -- South Africa , Police -- Job stress , Stress (Psychology) , Job stress
- Description: The aim of this study was to determine whether coping strategies of police officers help moderate the outcome of burnout resulting from job stress. The nature of the job demands of police officers is such that they may experience high levels of stress. A convenience sample (N = 89: n Males = 58; n Female = 29) of police officers in police stations in the Eastern Cape was surveyed. The Maslach Burnout Inventory – General Survey, Police Stress Inventory and COPE questionnaire were administered. Results for all the participants indicate that when the occupational stressor Lack of Resources occurs police officers implement Avoidance Coping (COPE) as a strategy, which leads to the experience of Exhaustion. Results also indicate that police officers use Active Coping, Cognitive Coping and Turning to Religion as means of moderating the stress-burnout relationship. Results also show that the coping strategy Avoidance Coping, used by male officers lead to Cynicism. When female police officers experience Job Demands and a Lack of Resources they make use of Seeking Emotional Support as a coping strategy. Male police officers were shown to make use of Active Coping as a strategy to regulate the stress-burnout relationship while female police officers implemented Active Coping and Turning to Religion to act as a buffer between job stress and burnout.
- Full Text:
- Date Issued: 2008
- Authors: Myendeki, Akhona Nangamso
- Date: 2008
- Subjects: Burn out (Psychology) , Stress management , Police -- South Africa , Police -- Job stress , Stress (Psychology) , Job stress
- Language: English
- Type: Thesis , Masters , M Soc Sc (C Psy)
- Identifier: vital:11859 , http://hdl.handle.net/10353/136 , Burn out (Psychology) , Stress management , Police -- South Africa , Police -- Job stress , Stress (Psychology) , Job stress
- Description: The aim of this study was to determine whether coping strategies of police officers help moderate the outcome of burnout resulting from job stress. The nature of the job demands of police officers is such that they may experience high levels of stress. A convenience sample (N = 89: n Males = 58; n Female = 29) of police officers in police stations in the Eastern Cape was surveyed. The Maslach Burnout Inventory – General Survey, Police Stress Inventory and COPE questionnaire were administered. Results for all the participants indicate that when the occupational stressor Lack of Resources occurs police officers implement Avoidance Coping (COPE) as a strategy, which leads to the experience of Exhaustion. Results also indicate that police officers use Active Coping, Cognitive Coping and Turning to Religion as means of moderating the stress-burnout relationship. Results also show that the coping strategy Avoidance Coping, used by male officers lead to Cynicism. When female police officers experience Job Demands and a Lack of Resources they make use of Seeking Emotional Support as a coping strategy. Male police officers were shown to make use of Active Coping as a strategy to regulate the stress-burnout relationship while female police officers implemented Active Coping and Turning to Religion to act as a buffer between job stress and burnout.
- Full Text:
- Date Issued: 2008
Mapping Grahamstown's security governance network : prospects and problems for democratic policing
- Brereton, Catherine Margaret
- Authors: Brereton, Catherine Margaret
- Date: 2006
- Subjects: Democracy -- South Africa , Police -- South Africa , Police administration -- South Africa -- Grahamstown , Police-community relations -- South Africa -- Grahamstown , Crime prevention -- South Africa -- Grahamstown , Police patrol -- South Africa -- Grahamstown , Private security services -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2851 , http://hdl.handle.net/10962/d1006323 , Democracy -- South Africa , Police -- South Africa , Police administration -- South Africa -- Grahamstown , Police-community relations -- South Africa -- Grahamstown , Crime prevention -- South Africa -- Grahamstown , Police patrol -- South Africa -- Grahamstown , Private security services -- South Africa -- Eastern Cape
- Description: The security of its citizens is often regarded as the democratic state's primary raison d'etre. However, with increasing crime and perceptions of insecurity among citizens, along with actual and perceived state policing inadequacies, citizens around the world have sought to make alternative arrangements for their security. The explosion of private alternatives to state policing has resulted in the need for the replacement of former static definitions of policing by more fluid understandings of what policing entails. Policing is no longer an activity undertaken exclusively by the 'state police.' Policing needs to be understood within a framework which recognises the existence of a variety of state, commercial, community groups and individuals which exist within loose and sometimes informal, sometimes formal, networks to provide for the security of citizens. Preceding the country's transition to democracy in 1994 'state' policing in South Africa was aimed at monitoring and suppressing the black population and as a result it conducted itself in a largely militaristic way. When the government of national unity assumed power in 1994 it was indisputable that the South African Police had to undergo major reform if it was to play an effective, co-operative and accountable role in a democratic South Africa. While state policing has unquestionably undergone enormous changes since the advent of democracy in 1994, so too has non-state policing. It is widely accepted that the dividing line between state and non-state policing in South Africa is increasingly blurred. Policing, by its very nature, holds the potential to threaten democracy. Consequently it is important that policing is democratically controlled. According to the Law Commission of Canada four values and principles - justice, equality, accountability, and efficiency - should support policing in a democracy. This thesis is a case study of policing in Grahamstown, a small city in South Africa's Eastern Cape province. It will be shown that the policing problem that currently plagues Grahamstown, and by extension South Africa, is not simply the result of a shortage of providers but rather a problem of co-coordinating and monitoring security governance to ensure that the city does not further develop into a society where the wealthy have greater access to security than the poor.
- Full Text:
- Date Issued: 2006
- Authors: Brereton, Catherine Margaret
- Date: 2006
- Subjects: Democracy -- South Africa , Police -- South Africa , Police administration -- South Africa -- Grahamstown , Police-community relations -- South Africa -- Grahamstown , Crime prevention -- South Africa -- Grahamstown , Police patrol -- South Africa -- Grahamstown , Private security services -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2851 , http://hdl.handle.net/10962/d1006323 , Democracy -- South Africa , Police -- South Africa , Police administration -- South Africa -- Grahamstown , Police-community relations -- South Africa -- Grahamstown , Crime prevention -- South Africa -- Grahamstown , Police patrol -- South Africa -- Grahamstown , Private security services -- South Africa -- Eastern Cape
- Description: The security of its citizens is often regarded as the democratic state's primary raison d'etre. However, with increasing crime and perceptions of insecurity among citizens, along with actual and perceived state policing inadequacies, citizens around the world have sought to make alternative arrangements for their security. The explosion of private alternatives to state policing has resulted in the need for the replacement of former static definitions of policing by more fluid understandings of what policing entails. Policing is no longer an activity undertaken exclusively by the 'state police.' Policing needs to be understood within a framework which recognises the existence of a variety of state, commercial, community groups and individuals which exist within loose and sometimes informal, sometimes formal, networks to provide for the security of citizens. Preceding the country's transition to democracy in 1994 'state' policing in South Africa was aimed at monitoring and suppressing the black population and as a result it conducted itself in a largely militaristic way. When the government of national unity assumed power in 1994 it was indisputable that the South African Police had to undergo major reform if it was to play an effective, co-operative and accountable role in a democratic South Africa. While state policing has unquestionably undergone enormous changes since the advent of democracy in 1994, so too has non-state policing. It is widely accepted that the dividing line between state and non-state policing in South Africa is increasingly blurred. Policing, by its very nature, holds the potential to threaten democracy. Consequently it is important that policing is democratically controlled. According to the Law Commission of Canada four values and principles - justice, equality, accountability, and efficiency - should support policing in a democracy. This thesis is a case study of policing in Grahamstown, a small city in South Africa's Eastern Cape province. It will be shown that the policing problem that currently plagues Grahamstown, and by extension South Africa, is not simply the result of a shortage of providers but rather a problem of co-coordinating and monitoring security governance to ensure that the city does not further develop into a society where the wealthy have greater access to security than the poor.
- Full Text:
- Date Issued: 2006
Community policing : tentative steps towards true reconciliation : inaugural lecture delivered at Rhodes University
- Authors: Midgley, J R
- Date: 1995
- Subjects: National Peace Accord, 1991 , Volunteer workers in law enforcement -- South Africa , Police -- South Africa
- Language: English
- Type: Text
- Identifier: vital:654 , http://hdl.handle.net/10962/d1020723 , ISBN 0868102962
- Description: Inaugural lecture delivered at Rhodes University , Rhodes University Libraries (Digitisation)
- Full Text:
- Date Issued: 1995
- Authors: Midgley, J R
- Date: 1995
- Subjects: National Peace Accord, 1991 , Volunteer workers in law enforcement -- South Africa , Police -- South Africa
- Language: English
- Type: Text
- Identifier: vital:654 , http://hdl.handle.net/10962/d1020723 , ISBN 0868102962
- Description: Inaugural lecture delivered at Rhodes University , Rhodes University Libraries (Digitisation)
- Full Text:
- Date Issued: 1995
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