Open Society Foundation for South Africa

1. Protector or Predator? Tackling police corruption in South Africa by Gareth Newham Head of the Crime and Justice Programme Institute for Security Studies 13 September 2011 Open Society Foundation for South Africa

2. Content • Defining Police Corruption • Police corruption as an occupational hazard • Key causes of police corruption • Corruption in the SAPS • The SAPS’ track record on tackling corruption • The ‘Promote Professional Policing’ Campaign

3. What is Police Corruption? • The misuse of police authority for personal or group gain. • The Prevention and Combating of Corrupt Activities Act ,2004 provides the South African legal definition of of corruption.

4. Police Corruption as an occupational hazard • Corruption = monopoly + discretion – accountability (Klitgaardt, 1988) • Police are uniquely positioned within the public service with regards to the ability to deploy force and restrict civilian rights. They often work with very little supervision and have significant discretion in deciding how and when to act. • Decades of international research on police corruption has found that: • Corruption is a fundamental occupational of policing in all countries • It takes many forms and changes over time • It typically involves group behavior and can easily become systemic • The extent of corruption is directly related to organisational and managerial shortcomings • The key difference between policing agencies is the extent of the problem. Where it becomes endemic at a senior management level, the entire police agency can be described as ‘corrupt’.

5. Police corruption: A global phenomenon “Corruption is found in virtually all countries, in all forces, and at every level of the organisation at some time.”(Lawrence Sherman, 1978, Scandal and Reform: Controlling Police Corruption). “What we found is that the problem of police corruption extends far beyond the corrupt cop. It is a multi-faceted problem that has flourished…not only because of opportunity and greed, but because of a police culture that exalts loyalty over integrity…because of willfully blind supervisors who fear the consequences of a corruption scandal more than corruption itself…and because for years the NYPD abandoned its responsibility to insure the integrity of its members”(Mollen Commission, 1994) News of the World allegedly paying 100 000 bribes to Scotland Yard police officials in the United Kingdome (2011)

6. Typology of Corruption

7. Key Causes of Police Corruption 1. Environmental Factors • Marginalised groups (undocumented foreign nationals) • Organised Crime & illicit markets (illegal alcohol, drugs, gambling) • Inappropriate political interference in the police service 2. Organisational • Inadequate police leadership • Poor management and supervision (recruitment, training, promotions & career-paths, weak discipline & internal accountability, etc.) • Police culture (e.g. code of silence) 3. Individual • Incongruent personal attitudes and behaviour • Low morale • Financial mismanagement

8. Police Corruption in SA:During apartheid The SAP was very insular, secretive with little external accountability This meant that it was very difficult to identify or expose corruption However there is evidence of systemic fraud and criminality: Auditor General reports show increase in police fraud from 1966 onwards The trial record of Eugene De Kock (insurance & informer fee fraud, smuggling) Overlooking of pass and liquor infringements in exchange for bribes (lodge) Evidence of widespread corruption in the ‘homeland’ police forces. These forces later merged with the SAP (40 000 personnel) in 1994/95 to form the SAPS. Open Society Foundation for South Africa

9. Police Corruption in SASince Democracy The SAPS cannot be said to be a corrupt organisation. However, various sources suggest corruption is widespread and systemic: Numerous surveys of civilians and of police suggest perceptions, experiencesand knowledge of widespread corruption SAPS Policy Advisory Council (2007) said SAPS had insufficient capacity to investigate corruption It also noted that discipline was poor, codes of conduct and ethics were not adhered to and that disciplinary issues were not dealt with timeously Various studies show abuse & corruption targeting specific groups such as sex workers and foreign nationals

10. Public perception & experience 2007: HSRC Social Attitudes Survey Only 39% of respondents “trust” or “strongly trust” the police 2007: National Victims of Crime Survey (ISS) traffic fines” and “policing” as the spheres of government in which bribes are most often requested. 2008: Afrobarometer 46% of respondents believed “all” or “most” police to be corrupt 54% trusted police “just a little” or “not at all” 2009: Wits Research One on three police/ civilian engagement in Jhb stations related to police soliciting a bribe from foreign nationals. 2010: ISS Research into community experiences of police corruption. Significant levels of community experience of police crime Very negative perceptions of police as corrupt Virtually no reporting of police abuseor attempts to were unsuccessful 2011: Nielsen Research Surveys One in 13 civilians stated that they had paid a bribe to a traffic officer or police official

11. SAPS internal perceptions 2002 A CSVR inner-city station level study found that 55% of police agreed with the statement ‘Police corruption is a problem at my station’ & 32% said they had direct knowledge of a police colleague involved in corrupt activities. 2004, CSVR follow-up research at 21 Johannesburg stations found 92% of police believing corruption to be a serious challenge facing the SAPS 2007 The SAPS Policy Advisory Council report noted that station level discipline in the SAPS was poor, the codes of conduct and ethics were not adhered to, disciplinary issues were not dealt with timeously or effectively. Corruption was noted as a “serious concern” & that the SAPS had insufficient capacity to effectively investigate police corruption. 2009, ISS Study at three Gauteng stations revealed 85% of police believing corruption to be a major problem in the SAPS. Almost no members knew of any anti-corruption initiatives or structures in the SAPS.

12. SAPS anti-corruption timeline 1996 National Crime Prevention Strategy: police corruption is a national priority SAPS establishes a national Anti-Corruption Unit (ACU) 2000-2002 ACU capacity reduced then closed down, mandate shift to organised crime unit and station level detectives 2002-2009 SAPS develops three different anti-corruption strategies on paper. These are . “the National Service Integrity Strategy”, “the Corruption & Fraud Prevention Strategy”, and “the Corruption & Fraud Prevention Plan” (CFPP). Little evidence of implementation. 2009 DPCI (Hawks) established to replace NPA’s Scorpions. Anti-corruption mandate 2010 Former National Commissioner Selebi convicted for corruption Increase anti-corruption statements from political and police leadership A new SAPS “Anti-Corruption Strategy” finalised, newsletter, and sensitisation courses introduced 2011 Public Protector finds National Commissioner Cele acted unlawfully and involved in maladministration in relation to police HQ lease deals worth hundreds of millions of Rands. SAPS Head of Crime Intelligence admits using policing powers for political purposes in his bail hearing for murder. Public allegations of SAPS Crime Intelligence leaking information to organised crime syndicates to undermine Hawks investigations.

13. 2010 SAPS Anti- Corruption Strategy Pillar 1. Prevention of Corruption in SAPS Internal & external communication and awareness initiatives Develop roles and responsibilities for all managerial levels Establishing and managing partnerships with external agencies Pillar 2. Detection of Corruption in SAPS Utilizing corruption risk assessments and analyses to identify trends regarding corruption prone areas Define the role of Crime Intelligence, the Inspectorate and Internal Audit in detecting corruption Develop a whistle-blowing policy for the SAPS Develop a ‘Corruption Reporting Incentive Policy’ for the SAPS Ensure compliance with all the SAPS’ reporting obligations (e.g. as required by the DPSA) Develop a centralised Information Management System for reports of corruption [Not started Pillar 3. Investigation of Corruption in SAPS Finalize the SAPS organizational structure regarding the investigation of corruption (within the SAPS) Develop policy, procedure and standards for the investigation of corruption Develop protocols for cooperation with other government departments, e.g. NPA, SARS regarding the investigation of criminal cases of corruption Ensure the effective managing of criminal investigations into corruption perpetrated by SAPS members, including the managing of outstanding investigations using the CMIS Pillar 4: Resolution of Corruption in SAPS Develop policy and procedure for the rectification of SAPS procedures compromised by corruption Finalizing of the Discipline Management policy and procedure Integrate relevant policies and procedures into the ACS (i.e. risk management, employee wellness, etc)

14. SAPS Shortcomings & Challenges in Implementing Anti Corruption Strategies Deficiencies • Lack of buy-in from top and senior management in the past • Inadequate monitoring of required implementation actions • Non-enforcing of accountability • Lack of measurable indicators per required action • Ineffective implementation of actions • Actual implementation not linked to performance management of SAPS top and senior management • Cumbersome, user “unfriendly” • Not based on a corruption risk assessment • Not as specific as it should have been Challenges • Selebi allegations & conviction impacted negatively on SAPS management's overall credibility to address corruption • Size of the SAPS – 195 000 members, 1 118 police stations • Lack of commitment from management in the past to assist with policy development, e.g. whistle-blowing policy • Inadequate capacity within National Strategic Management. • Inadequate leadership from the top No Specialised Anti-Corruption Unit Report Corrupt SAPS Members - Anti-Corruption Hotline 0800 701 701

15. The SAPS National Anti-Corruption Unit 1996 - 2001 • Established in 1996 with a total of 250 members across nine provinces. • In 2000 it investigated 6 480 cases, arrested 1 003 police members & obtained 171 convictions. • Capacity reduced by half in 2001 and the unit was shut down in 2002 by Commissioner Selebi. • Internationally recognised as a good practice model but had little support from within the SAPS. • Was accused of being untransformed and only focusing on petty corruption committed by relatively junior officers. • These shortcomings could have been overcome without closing the unit. This led to a dramatic reduction in the number of investigations, arrests and convictions of corrupt officers.

16. The SAPS National Anti-Corruption Unit 1996 - 2001

17. Current SAPS investigation approach to corruption Station level corruption must be investigated by detectives at a neighbouring station with feedback going to province and head office Where station level corruption is considered serious it may be investigated by a or by a task team appointed by head office, the province. Hawks internal anti-corruption unit established in June 2010. Reports to head of DPCI & investigates allegations of corruption and fraud by DPCI members and all officers from the rank of Colonel upwards. No proactive deterrents exist such as widespread and regular targeted or random integrity tests across all stations.

18. Shifting Rhetoric on corruption Too often rhetoric has referred to ‘rotten apples’ or ‘rotten potatoes’ (bad individuals) when it’s really about ‘rotten barrels’ (weak organisational systems) However, Minister Mthethwa recently stated that ‘Dealing with corruption … is not just about dealing with the individual cases and people that that come to our attention, but also about making sure our systems and process are able to prevent corruption.’ ‘We have not been big on quality, we have been big on quantity. People have been thrown in by chasing quantity rather than quality.’ – Gen Cele ‘We need to ensure that we are able to recruit the right kind of people and then to train and develop these people into the kind of Cop we want to see.’ SAPS Performance Plan 2011/12

19. Leadership for promoting police professionalism The Minister and National Commissioner of the SAPS develop and drive the vision of the SAPS as an agency that is widely respected because all its members adhere to high standards of professional conduct and integrity. SAPS leadership must consistently act to promote police professionalism by tackling misconduct, poor service delivery and corruption. SAPS leadership must ensure that policies, regulations and systems are in place to achieve this vision and these must be independently verified (AG, PSC, PP) & reported on before parliament. Action must be taken & reported on where shortcomings are identified. All police commanders must be held directly accountable both for behaving in line with the core values of the SAPS,(i.e. integrity; respect for the law; and service excellence,) and holding those under their command accountable to these standards. 

20. SAPS priorities for promoting police professionalism Enhancing accountability Improving systems for receiving, processing & analysing complaints Establish an internal professional standards/anti-corruption unit Improving internal disciplinary management and systems Building a culture of police integrity Ensure core values are evident in all police work Recognise& reward honest policing and officials who report corruption Improve command and control, better training for managers Promoting community engagement A sustained campaign to educate the public around what to expect from police Encourage reporting both positive and negative behaviour by police

21. Community Action for promoting police professionalism In focus groups with 150 individuals who had between them experienced over 50 incidents of police corruption and abuse, only one had reported it (and was ignored). Police can’t tackle corruption without community support but they need to earn and help foster that support. By giving the public the right guidance, information and motivation the SAPS, metros and other law enforcement agencies can work with communities to foster a civic culture that demands honest, efficient, professional policing, and punishes poor service and abuse of power.

22. Campaign Objectives • Create awareness around the importance of supporting professional policing • Create awareness around the importance of reporting poor service/criminality by police • Educate about the role of police in creating a safe and secure environment • Encourage community action to report poor policing and support and reward good police performance • Contribute to building a proud police service that is accountable to the public • Support police in all aspects of their work Open Society Foundation for South Africa

23. Why is this important? It is widely recognised that: • Police require community support in order to be effective in their work • Police win community support when they are perceived as courteous & fair • Communities should know what they can and can’t expect from police (police need to be viewed as ‘problem solvers’ more than ‘crime fighters’) • Corruption and police deviance can never be effectively tackled without public support • There is always a barrier between police and communities but the lower this is the better for all. In South Africa research suggests that the vast majority of victims of police abuse fail to report it. But the recipients of police excellence also fail to express their appreciation for this. Open Society Foundation for South Africa

24. The power of gratitude “In the police service there is no money. The only thing that makes you feel good is when the people you serve come and thank you, and say, ‘You’ve done a good job, well done.’ Even though they are not giving you anything, their words – just a mere ‘thank you’ – it makes you feel good. It feels like you’ve got money, even though you don’t.” – Constable Sibuyi “I believe in what I do. Circumstances are not always the way you want them to be, but you need to get past that and carry on doing what you believe in. Sometimes I think to myself, is it really worth it? But then there’ll be one little incident where you help someone, and the gratitude that that person shows you makes you think, wow, and you carry on.” – Warrant Officer (F) Kemp “Sometimes you know why the community doesn’t say thank you and sometimes you need them to say thank you…Some police are very negative. The people can’t say thank you when you have a negative attitude but you need them to say thank you when you are nice to them, when they are satisfied.” – Warrant Officer (F) Dlamini Open Society Foundation for South Africa

25. Elements of the campaign • Traditional media • Social Media • Website • Downloadable Products • Sharing and dissemination of research • Partnerships Open Society Foundation for South Africa

26. Traditional Media • Advertisements • Corporate social responsibility • Media strategy and partnerships (eg. Crimeline) • Public Radio – Taxi ranks • Seminars & Workshops Open Society Foundation for South Africa

27. Social Media Twitter & Facebook Open Society Foundation for South Africa

28. Website Portal • Home to the campaign • All supporting material including downloadable guides • Contact information for all relevant agencies • Twitter and news feeds www.issafrica.org/crimehub Open Society Foundation for South Africa

29. Downloadable Products • Downloadable guides: • ‘Reward a cop’ • ‘Report a cop’ • ‘What to expect after reporting’ • ‘SAPS Codes’ • ‘SAPS Offences’ • Guides to support individuals, communities, but also formal oversight structures • Podcasts Open Society Foundation for South Africa

30. Downloadable Research • Research products: • Analysis • Monographs • Articles Open Society Foundation for South Africa

31. Partnerships This campaign is about getting all South Africans to stop tolerating poor service and criminality from police but also to actively recognise and promote professional policing. All corporates, media, law enforcement agencies, community organisations and research bodies are invited to get on board. If we work together, a new era of policing could be around the corner! Open Society Foundation for South Africa

33. A Professional’s Perspective “I believe the citizens of South Africa should not cut the cops any slack. If they are treated badly, if the work is not done properly, they need to hold the police accountable. It doesn’t help just to moan about bad police service or bad cops; they need to do something about it. There are a lot of good cops out there who are demoralised, who are run down, who believe that nobody believes in them, nobody supports them – and maybe in some instances they are right. But I honestly think the people of South Africa need to support their police. It sounds like a contradiction in terms, but by holding individual police officers accountable you are supporting the police, because you are supporting the cops who actually are doing their jobs.” (SAPS member) Open Society Foundation for South Africa

34. Thank you www.issafrica.org/crimehub Open Society Foundation for South Africa