Annual Report:
2001/2002

Criminal Justice Programme

"The Programme is faced with the challenge of maintaining and increasing its impact on government policy development as well as translating the theoretical knowledge acquired into practical, workable and effective interventions with law enforcement agencies and communities."

Amanda Dissel, Programme Manager

The Criminal Justice Programme works primarily with institutions within the criminal justice system. Apart from a number of research, policy development and training projects, the programme also runs a direct service delivery component focussed on preventative workshops with juvenile offenders in prisons.

Goals

The Criminal Justice Policy Unit was restructured to form the new Criminal Justice Programme, which now includes the City Safety Project. This has broadened the scope of the Programme's criminal justice and crime prevention work to include a focus at the level of city and national government. The overall objectives for the new Programme are:

• To contribute to building the capacity of criminal justice institutions to enable them to deliver effective services within the framework of the Constitution.
• To assist civil society to engage actively with the criminal justice system.
• To contribute to the development of knowledge about crime prevention and law enforcement in South Africa.

Strategies

The Criminal Justice Programme works in the areas of policing (the South African Police Service, municipal police and city bylaw enforcement agencies), justice, crime prevention and correctional services. The Programme's strategy is to conduct research on a local level that can be translated into practical interventions at the local or national level. International comparative research is a resource for this process.

Highlights

Section 49 of the Criminal Procedure Act

Over the past few years, the CSVR has conducted research and made policy recommendations concerning abuse of power by the police and the use of lethal force. Section 49 of the Criminal Procedure Act permitting the police and others to use lethal force, for purposes of arrest, was amended in 1998 in order to bring the legislation in line with the tenets of the new Constitution. The implementation of the controversial amendment was delayed at the request of the Department of Safety and Security. The matter was later referred to the Constitutional Court in the recent case of S v Walters for a ruling on the use of lethal force for purposes of arrest. The CSVR was admitted as amicus curiae to the case, and was represented by the Legal Resource Centre (LRC). David Bruce coordinated the CSVR's position, and submitted a number of affidavits, in response to affidavits submitted by the police; and assisted the LRC to draft legal arguments. Opposing the South African Police Service's argument, the CSVR provided evidence that the proposed amendment was unlikely to impact negatively on police safety. Judgment on this case is still pending.

Prevention and Control of Police Corruption

The South African Police Services (SAPS) have identified tackling police corruption as a national priority; yet have failed to develop a clear strategy or policy framework to address this issue. The Programme conducted a participative research project on police integrity at Hillbrow Police Station. Its aim was to develop an understanding of the contributing factors to the divide between national SAPS policy and station level implementation in eliminating police corruption. A second aim was the development of a framework for integrity and professionalism in the management of police at the station level.

During 2001, therefore, the Programme conducted participative action research with the management of the Hillbrow Police Station to investigate the organisational factors that promote or undermine police integrity. Its primary aim was to assist in the development of a management framework that promotes police integrity. A broader process that focused on supporting the management component also occurred. As part of an international study on police integrity, the Programme conducted research on attitudes and perceptions of police discipline and procedures at the police station.

The qualitative research at Hillbrow covered attitudes, perceptions and management strategies adopted at the station. Researcher Gareth Newham worked closely with Hillbrow managers to enhance their management approach and to improve interpersonal style and enhance teamwork. The Programme facilitated a highly successful Strategic Management Workshop focusing on discipline and corruption issues.

The research found that commanders and ordinary police members at the station considered police corruption in the Hillbrow precinct to be a serious problem, but that the procedures for and practice of dealing with the problem was ineffective. This was exacerbated by frequent manager turnover and lack of teamwork.

The Programme conducted another quantitative climate survey among staff of the Hillbrow Police Station. The results were used to determine the internal priorities for station management and will form the basis for the development of an anti-corruption strategy at the station level.

The project has provided the Programme with the knowledge and credibility to extend the work on police corruption. An anti-police corruption summit will be held in 2002 to afford a wider range of stakeholders the opportunity to engage with the research findings and begin to develop a strategic management framework for managing police integrity at the station level. As a result of this summit, it is hoped that a number of pilot projects will be initiated at different police stations to determine the applicability of aspects of the framework. National level advocacy will be undertaken at this point to increase awareness of integrity at police station-level and the practicalities involved in this task.

Working with Offenders

Public pressure for harsh sentences for offenders has hindered the promotion of public interest in the humane treatment of offenders. Similarly, the delay in the implementation of legislation, amended according to the Constitutional imperatives, has impeded work with this group. The CSVR has continued, however, to conduct research on South African prison culture in order to promote the development of policies and interventions that will contribute to the improved treatment of offenders.

Research with prisoners and ex-prisoners was conducted by Sasha Gear to develop an understanding of the context in which sex and sexual violence occur inside male prisons, and their relationships to gang activity. This research has promoted an understanding of the cyclical nature of sexual violence in prison, its impact on prisoners and its continued effects on civil society post-release. This contributed invaluable insight into the spread of HIV in prisons. It is hoped that the findings will assist in developing a strategic response to prevention of the spread of HIV/AIDS in prisons.

The Programme's intervention with young male and female prisoners through a series of twenty to thirty workshops continued in 2001. The workshops were aimed at developing resilience and coping-skills to promote survival in prison and resist the 'pull factors' back into a life of crime upon release. Facilitated by Lindiwe Mkhondo in conjunction with Kindisa Ngubeni, the project received optimistic responses from the young participants and correctional officials, who have remarked on the positive changes in the prisoners' behaviour and attitudes since their involvement.

In partnership with Penal Reform International (PRI), and together with Jody Kollapen (CSVR Board Member and the Deputy Chairperson of the Human Rights Commission), a study was conducted on racism and discrimination in South African prisons. This study coincided with the World Conference on Racism and Discrimination (WCAR), and formed part of a broader PRI campaign against discrimination in the criminal justice system. The study indicated that, although the prison population approximates racial demographics of the country, there are a number of ongoing issues of discrimination affecting both staff and inmates. It recommended, therefore, the need for specific strategies to address these issues directly.

City Safety Project

The City Safety Project continued for a second year. This involved work with six metropolitan municipalities to improve safety and security in their respective jurisdictions.

• Ingrid Palmary's research on social crime prevention, Mzi Memeza's work on bylaw enforcement, and Janine Rauch's work on Metro Policing represent the most current assessment of implementation of the 1998 White Paper on Safety and Security.
• The City Safety Team, in collaboration with the Victim Empowerment Program, delivered dynamic training packages and facilitated educational workshops with officials from the Johannesburg and Nelson Mandela metropoles.
• Training was conducted with car guards, in inner city Johannesburg, on their role in crime prevention.
• The City Safety Project hosted two National Workshops for public safety officials, including senior police officials, from six metropolitan cities. The City Safety National Workshops were rated highly by participants and demonstrated again that NGO's such as the CSVR can play a relevant role in facilitating dialogue and learning with government agencies.

Challenges

The Programme is faced with the following ongoing challenges:

• To maintain and increase the Programme's impact on government policy development.
• To translate the theoretical knowledge acquired into practical, workable and effective interventions with law enforcement agencies and communities.
• To evaluate the impact and replicability of the Programme's interventions.

Future Directions

The programme's work on police integrity will be expanded into more police stations. A pilot model will be developed and implemented to manage and build police integrity at the station level. There will be collaboration with a prison support group in order to develop a framework to support victims of sexual abuse in prison, and for the prevention of this abuse. The work with young offenders is ongoing and the interventions will be expanded upon to include correctional officers.

A national survey to determine common problems experienced by police and prosecutors in the handling of victims and witnesses will be undertaken. The data obtained will assist researcher Sibusiso Ntuli to draft a strategy and 'best practice' handbook for police and court officials to better manage witnesses of violent crime.

The local government crime prevention work will be diversified into all CSVR programmes. A particular focus will be safety issues in the rural parts of larger metropolitan areas. In 2002, the City Safety educational program will be expanded to target elected councillors and city officials.

Additionally, plans are in place to host a national conference in 2004. This conference will offer a retrospective analysis of the last ten years for civil society working with the criminal justice system. This will enable the work of the CSVR since the advent of democracy to be integrated with other NGO's in this sector.

Victim Empowerment Programme