UKZN History Department 2014This paper is a transcript of research paper viewable at https://sites.google.com/site/delanoalexander

Policing Communities

The purpose of this research website is to investigate the connection between the South African police force and the different communities that the police interact with on a dailybasis.

In order to understand the present day characterization of thepolice, I hope to take you, the reader back in time and provide you with the history that allowed the police to develop in the way that it has.

A particular key point of the debate when discussing the present day connection between the police and communities is the incidents occurring in Cape Town. As such we will be focusing this research on the city of Cape Town by taking a contemporary perspective on Khayaletisha. I will guide you through the problems of this township and the failures of police and government and the successes of the community to make up with the lack of security that they face on a daily basis.

Aside from Khayaletisha being a hotbed of contemporary topics relevant to our topic of study there is a strong inter-connected historical element that gave birth to the situationsfaced by residents. From our historical perspectives, we will be discussing particular case studies that are relevant to establishing the factors that have dictated the relationship of police and communities.

The aim of this paper is not to take a stance and say that thepolice are bad but it’s not their fault because of historical circumstances but rather to say that the police are the situation that they are due to historical circumstances. It isa subtle difference in perspective; however the purpose of this research is to provide insight into that perspective.

It is very difficult to separate police from government or in the case of South Africa, from the concept of Apartheid. SouthAfrica was considered a police state for a very long time and this was because they were the first line of defensive for theruling minority[i]. As such it becomes a complex matter coupling police and the factor of race and racial warfare because the majority of the police force was the disadvantagedpopulation in South Africa. These were the police officers that had to down informal settlements and take up arms againsttheir brothers and sisters[ii]. In saying that we acknowledge that there is potentially a heavy psychological element that has played a role in the South African Police Force. The people that are leading the police force now were the same police officers that thirty years ago were stopping protests and ending riots[iii].

In this paper I use the term community and community is a termthat has evolved to meaning more than just the people you livenext door to. Today it also represents the people who have shared social views and beliefs. The LGBT community is one example. Too frequently in the news there are stories of corrective rape for gay women and zero police action on reported hate crimes.  

Whiles there are these many stories that go back decades that portray the police in a negative way, there are also many stories and cases that portray the police in the complete opposite. At the turn of the century police worked hand in hand with the communities and this includes black communities where the chief would serve as judge he together with the police would investigate crimes and deal out punishment accordingly to perpetrators[iv]. Even then it was acknowledgedthat being a police officer was a position of power and if thepolice were found guilty of corruption or not doing their job properly then they could also be liable[v].

Police brutality to one person is police protection to anotherand it all comes down to perception.   

Security vs Community

Over the course of Apartheid there have been many efforts by the many disadvantaged groups in South Africa to create

communities where they can live and work and play that was notan offence to the government.[1]

In Cape Town the destruction of communities and the removal ofthem has been quite extensive and in the 1970s Black people, Coloured people and Indian people were being displaced[2]. Theunrest felt in Cape Town was large and keeping it at bay cost the government considerable resources. In some cases the police in Cape Town was not enough to suppress the surges of struggle and riot police from other provinces had to be flown in to quell the resistance[3].

Aside from resistance informal settlements was a huge problem for the government as they popped up overnight in some cases and even with destruction they were incredibly difficult to deter[4]. By 1977 a quarter of the people living in Cape Town lived in shanty towns. These informal towns were defying the laws of Apartheid but not because they resisted the laws but because they were growing communities on minuscule budgets living in a city with a severe housing shortage[5].

Not all informal settlements were regarded in the same light. Coloured squatter camps were not a high priority for government in most instance it was more important to contain the people whereas with black squatter camps the approach was completely different and was focused towards eradication of the Black informal camps[6].

One of the byproduct problems that were occurring in informal settlements that government was not content with was the natural process people were taking to upgrade their shacks into more formal and stable housing. This would make them permanent fixtures and make it more difficult in the long run to remove people. Police raids and arrests were was paramount in keeping progress limited as well as potentially making living in Cape Town unbearable for any illegal squatters[7].

The irony of the situation is that the economy wanted cheap Black labour as a valuable resource in the expanding industrial age yet they did not want to accommodate the laboursource and so a catch 22 paradox arises[8]. The solution was asimple pass system only for males in order to do the jobs required but at the end to return to their homelands[9].

Although these workers were usually permitted to work away from their homelands for up to 11 months at a time, the distinction was always made clear that where they were living for those 11 months was not home. During this time working these men were away from their families and children and this seemingly simple solution brought a whole set of new problems as these families began moving into Cape Town illegally. A newparadox emerges with the development of shanty towns that house these families[10].

In Cape Town government hoped to curb influx with the ColouredLabour Preference ordinance[11]. Employers would have to proveand obtain a certificate from the Coloured Labour department proving that they were Coloured people available to do the jobthey needed to employ for[12].

These laws and attempts to deal with illegal labour in turn gave more power to the police[13]. They were the barrier used to contain people and ensure that the policy of Apartheid was being implemented. Police were provided with free reign to terrorize illegal immigrants and arrest them on minor citation[14]. Police were required to tear down shanty dwellings and arrest squatters. If these people that were being targeted were faced with violent action towards them, most likely it was at the hands of the police[15]. There was no recourse for them against the police. They were victimized and left unprotected because if they wanted to have a say in politics or be treated as a citizen then they could have that in their homelands and this became a principal of the conceptsof Apartheid[16].

Journey to Crossroads

The government of South Africa during the Apartheid era remained committed to maintain racially pure areas. Cape Town historically has the lowest numbers of black inhabitants in comparison to the rest of South Africa[1]. The vision of Apartheid was that all blacks would return to their homelands and live independently within their states however this visionwas not happening[2] [3] . Since South Africa had an integrated economy people needed to be in the economic hub in order to

make a lively hood and survive. In this was the crux of the problem with Apartheid since the economic hub was in predominantly white areas. The result was illegal migrant labour from neighboring homelands. People traveled far to reach Cape Town in order to take on work so that they could have money to send back home.[4]

At the same migrant labour was important for the economy of South Africa. Industry was able to expand and had a higher opportunity cost compared to its international competitors since it could acquire labour at extremely low costs. Kkayelitysha was an answer to solve the increasing migrant labour and to provide the cheap workforce and potentially a means to control a community. However Khayelitysha was not thefirst black community development in Cape Town. In 1901 government created Ndabeni[5].

Since the tip of Africa was colonized controlling the native population has been paramount to the people in power[6]. CecilJohn Rhodes developed the ‘’Bill for Africa’ which was the foundation of racial and cultural separation that would serve as a cornerstone for Apartheid to be built upon[7].

During the outbreak of Bubonic Plague, blacks were moved to Ndabeni since they were perceived to be a health risk for the rest of Cape Town. Here they lived in shacks and for twenty years it was home till a new location called Langa was developed to which they were forced to move into. The new location Langa served as a new rounding up point for any blacks that had moved into the city and they were forcibly removed and placed in Langa.

As we have established the black population of South Africa was a quick, cheap and easy labour force and during the secondworld war the black population was called upon to feed the demand. Government built a new sit called Nyanga[8]. However in these early developments building a site did not necessarily mean building homes for the entire black population expected to live there but rather clearing space for people to put up their shacks and such the majority of Africans lived in shacks by 1954[9].

Although there were these property developments it did not

mean that the black workers had become residents of Cape Town.They remained migrant labourers and the ultimate aim was to return them back to their homelands[10]. The secretary of Native Affairs saw that with the African population there is complex community development and saw to separate people[11]. Those who had developed relationships with the Cape Coloured community and those that could still be considered migrants[12]. Those Africans who were in these Coloured relationships were able to change identity and become reclassified as Coloured in order to remain in Cape Town[13].

In 1955 separation and removals began in ernest. Blacks were separated from Coloureds and moved to Nyanga. The blacks movedto Nyanga were assessed and only 750 families qualified to live together[14]. The remainder were separated, men sent to live in hostels whiles the women and children had to return totheir homelands[15]. The more successful the removal of the shanty towns, the more space that was required and so Gugulethu was developed to accommodate the blacks that were allowed to stay[16].

Part of the laws in Cape Town was preferential hiring. Employers were to hire a Coloured before a black person and would not receive a permit to hire a black individual if Coloured labour was available[17]. The black population in Cape Town was frozen in 1966 and this meant that no new Africans were allowed to take up residence in the city. As such black accommodation was also frozen[18].

These laws and policies did very little to stop the influx of migrant black workers. By 1974 there was 90 000 illegal blacksin Cape Town[19]. These people were living in squalor in theirmake shift homes. The battle against the growing black by population by government continued. Werkgenout a notorious shanty town was demolished and burnt in offensive by the government and police to fight the illegal black immigrants. The illegals moved and setup camp at other locations like Modderdam and Unibel[20].

\Welcome to Crossroads

Crossroads was a symbol of the black resistance to

removals[1]. The squatter camps at Modderdam, Werkgenout and Unibel were demolished and destroyed. People who lived there were brutally injured[2]. Those settlements were illegal and sprung up in place of the previous settlements that were demolished[3]. Crossroads however was considered as an approved area for blacks to setup their informal settlements[4]. This did not mean that it was above reproach from the government to be destroyed but the community and the location proved resilient. Khayelitsha was built as a final area that all blacks would be relocated to[5]. Government did their best to make the area seem inviting to its future residents however many of the people in Crossroads were resistant to the idea. That resistance escalated in to a violent struggle both internally and externally[6].

Crossroads was one of the first areas to be thought of as an accepted squatter camp but without legal protection or official legal recognition it was a camp plagued by violence and raids as people were continuously being arrested[7]. By 1976 through petitions and support crossroads received legal recognition as an emergency camp for blacks so Crossroads was earmarked as the final camp to be destroyed by government[8].

With all these other camps being destroyed around Cape Town the mindset of the community at Crossroads was quickly being sharpened in order to respond to the encroaching threat[9]. The community developed an organization that staged mass campaigning by obtaining the buy in from press and other invested groups to try and save Crossroads. These attempts to save Crossroads fell on deaf ears within the government and they proceeded to continue to with their raids and the plans to dismantle Crossroads[10]. In 1978 plans to bring in the army to support police efforts and destroy Crossroads came to light in the press and motivated black residents to strengthentheir resistance thus strengthening the symbol of Crossroads as a symbol of black resistance[11].

The savior that prevented the immediate demolition and potential countless deaths was the new Minister of Plural relations, Dr. Koornhof who became a mediator between government and the Crossroads residents[12]. It was made clearthat Crossroads could not exist in its location and talk of a new location and a potentially a more permanent home was put

on the table[13]. Residents were extremely resistant to the idea. They knew from experience that you cannot truly trust the Apartheid government[14]. The residents were right to havethat sentiment, Dr. Koornhof wore down the Crossroads residents with time and eventually they agreed to his plans but in that plan were rules that gave power of population control to government. These were rules that the black residents at Crossroads agreed to[15].

Some of the power that it gave government was that they could legally isolate and directly deal with illegal migrants[16]. The agreement also moved away from the pass system and implemented a permit system which meant that government still had control over movement and essentially permits could be rescinded at the whim of the government[17]. Essentially the agreement sought to draw a line between the legal residents ofcrossroads and the illegal migrant workers[18].

Government then proceeded to set up a committee that included members from the Crossroads community[19]. This committee thencame up with a questionnaire to survey who the residents of Crossroads were and from that it was established that the new housing development to be planned dubbed ‘New Crossroads[20]’ would deny housing for convicted criminals and Africans deemedto be able to return to their homelands and make a living there[21]. Also vagrants and the unemployed will not be housedin New Crossroads. The trade-off for the residents have long struggled with government was that legal migrants could have their family live with them[22]. This included workers who didnot have employment contracts but worked informally but was able to prove income[23].

The questionnaire meant to cover all this information[24]. Workers who were employed illegally needed to share that information. It was illegal for traders to be self-employed without a permit but proving their income was important in order to secure a place in New Crossroads[25]. The answer brought a whole lot of new problems and Crossroad residents who had permits to live there legally did not necessarily havework permits and vice versa[26]. Dr. Koornhof then made an announcement that no action would be taken against illegal workers or their employers and this turnabout brought more

people out of the woodwork with claims of being a resident at Crossroads[27].

By 1980 people began relocating to New Crossroads and were quickly beginning to see that things did not change[28]. They suffered high rents. Police made frequent arrests and continued harassing the locals of both new and old Crossroads[29]. In response the community began joining with other black informal communities in Cape Town to protest against the government[30]. By 1982 police presence massively increased and violence escalated[31]. Crossroad residents wereraided frequently by  police. Internally in the struggle movement there was infighting and conflict and continuing leadership struggles that provided further fuel to government to come in and divide the community more as well as make arrests[32]. People who had been living in Crossroads waiting for the houses promised to them, had their informal homes torndown and were in a constant state of rebuilding[33].

In the middle of the violence and the raids the concept and plan for New Crossroads was scrapped. Agreements rescinded andin its place an announcement of a new settlement called Khayelitsha[34].

Khayelitsha, Home

khayelitsha has been plagued for years with rampant crime and injustice which stems from a time of injustice[1]. In 1983 during the era of Apartheid, the town of khayelitsha was planned to house over a quarter of amillion people[2]. khayelitsha was placed in the heart of the white South Africa and was one of the first steps away from the original plan of distinct racial and cultural homelands[3]. Whiles the actual reason is unclear, we can safely assume that part of the reasons why was due to creating easy access to a cheap labour force. Alternatively one could take a optimistic perspective and say that it was the beginning of the development of an integrated society that would bring about a change in theApartheid system[4]. Nonetheless whatever the reason, the development of this township was both a step in the right direction but also the beginningof a community in unfortunate circumstances.

By 1970 there was 92 572 black people living in Cape Town[5]. With a growing local economy there was a high demand for labour and for the impoverished people living in homelands there was an opportunity to obtain

labour[6]. Economically there is equilibrium as need meets demand. However meeting this equilibrium was no easy feat. Employers had to go through a strict administrative process in order to obtain permits for their black employees. Illegal immigrants were arrested and detained and usually shipped back to their homelands. Employers with illegal workers were given hefty fines. However these obstacles did not deter the immigration of blackworkers to Cape Town.

To combat the growing permanent residency of black workers in Cape Town many new laws were passed one including the prohibition of building permanent dwellings for housing. Followed by another law prohibiting squatting. The result was increased police presence removing law breakers and destroying homes. In turn the lack of housing turned in to an increasedvocalization of black residents which resulted in annual riots[7].

Maintaining these strict laws and providing a strong police presence was a costly affair that resulted in the Western Cape having a budget deficit[8].The decision was made to schedule areas within Cape Town specifically for black residency in areas named Guglethu and Nyanga. This did not solve the housing shortage. The land was not enough.

Government then proceeded to make an announcement of the plan of khayelitsha. This was to be where all black people in Cape Town were to take up residence. The plan included relocating black people from the otherareas that were allocated to them and setting them up in khayelitsha[9]. Whiles the plan and thought process was in motion, there was no immediate forced removal and construction of certain amenities in exiting black areascontinued.

Khayelitsha was a brain child of the new Apartheid policy which sought to remove the random pockets of black residency in Cape Town and have all black people in one area that would serve their needs and have room for a growing population albeit for the short term. This is a policy moving away from independent homeland states to more integrated society with definitivebarriers of segregation[10].

Khayelitsha development happened with no public input[11]. The future residents were not consulted and through their representatives they made aneffort to be heard by the government. They were of course ignored and government were proceeded with their construction plans[12]. Residency in khayelitsha was not automatic. There was a strict selection criteria as to who would receive homes. Governments did what governments do and that is force the buy in of its people into its plans, (current case in point, e-tolls). On weekends they would shuttle future residents to view the construction and take them through the show houses. We can assume that for those selected residents it would have been exciting experience to be moving from competing for housing and not knowing if you would still have ahome next week to knowing that for the next 99 years you would have the security of a permanent home. 99 years was the term of the lease. Black

residents in khayelitsha did not have the opportunity to purchase the homesthey live in however they were able to lease them and the maximum period was 99 years[13]. Those who qualified to live in khayelitsha initially had to have an income of 100 pounds monthly in order to afford the rent.

The reality of living in Khayelitsha was far from homely. There was overcrowding. Six people sharing one toilet and one tap. No electricity. The huge gap between the plan and the reality is felt by residents. Commuting from Khayelitsha is expensive[14]. Amenities, shops and services are not designed to serve the massive population expected to use them. The quality of life in Khayelitsha is in some cases worse than it was when people were squatting. Khayelitsha proved to be a means to push forward thepolicy of segregation[15].

The origins of the black police officer

The movement from an oppressed society to one of freedom has required a large revamp of the way arms of government operate and that includes the police. This is especially important as the role of police changed dramatically and maybe more so thenany other organization in the government[i]. Safety and security for everybody in the new South Africa was a massive

challenge during the transition era. In our examination we have seen the informal settlements and government housing projects were never a priority for government to keep safe andthere is a large absence of police presence in the townships, informal settlements and low cost housing development is something we still have ongoing today[ii].

The structures that make up the police as we know it have the foundations in the Apartheid era but it has changed dramatically since then[iii]. But the police of the Apartheid era has a history that extends to an even earlier time and onemight consider the early development of police to be a much closer match to our modern day system[iv].

During the colonial era of South Africa there was the early stage of separation but there were also the strained relationswith this who have colonized South Africa and the empire that allowed the colonization. In the mid-1800s new systems were implemented and the police force was extended to include natives so that they could police their own people. This was not done because of need of equality but because the colonistsviewed Black Africans as barbaric and as such found it difficult to adjust to the customary law that they practiced[v]. The result effect was the laws being written to deal with the natives were taking into consideration their customs to a certain extent and providing them with what the colonists believed was an equitable legal system. An example of this is the succsesionary law for chiefs. It was not customary for the eldest son to assume the role of chief but rather his greatest son. This resulted in murders and what theEnglish legal system would consider treason. Under the chiefs that powerful men who were in control of certain areas of landand the chief would use the justice system to control these powerful men rather than focus concepts of morality[vi].

These kinds of practices were not favorably looked up on by the British and other colonists in South Africa and the prejudice ideas that would in part setup the future racial perceptions began cementing itself in the minds of the new white South Africans[vii]. In the coming years war would follow and the colonial government would have extensive discussions about the various matters that impacted the natives. One such instance is the protection of

property[viii]. Should a native have been robbed he has the opportunity to take his case to the chief who with their police would investigate the crime and should they find the thief, they would receive a reward from the property for the efforts in bringing the criminal to justice[ix]. When the police were employed by the colonists they would be compensated accordingly for the work done. The police were limited in that they were not supported if needed to take up arms against a perpetrator and the police under the chief was not authorized to carry out armed patrols[x].

One could perceive these official documents elaborating on crime, police and the natives as being an important role in supplying the people with a sense of safety and security however these were not laws and were intertwined with treatiesand agreements between natives and colonists[xi]. But an important door has opened up in this early history where Blackpeople were being employed in a role of authority to provide security and to be police officers[xii].

The movement from an oppressed society to one of freedom has required a large revamp of the way arms of government operate and that includes the police[xiii]. This is especially important as the role of police changed dramatically and maybemore so then any other organization in the government[xiv]. Safety and security for everybody in the new South Africa was a massive challenge during the transition era. In our examination we have seen the informal settlements and government housing projects were never a priority for government to keep safe and there is a large absence of policepresence in the townships, informal settlements and low cost housing development is something we still have ongoing today[xv].

The structures that make up the police as we know it have the foundations in the Apartheid era but it has changed dramatically since then[xvi]. But the police of the Apartheid era has a history that extends to an even earlier time and onemight consider the early development of police to be a much closer match to our modern day system[xvii].

During the colonial era of South Africa there was the early

stage of separation but there were also the strained relationswith this who have colonized South Africa and the empire that allowed the colonization. In the mid-1800s new systems were implemented and the police force was extended to include natives so that they could police their own people[xviii]. This was not done because of need of equality but because the colonists viewed Black Africans as barbaric and as such found it difficult to adjust to the customary law that they practiced[xix]. The result effect was the laws being written to deal with the natives were taking into consideration their customs to a certain extent and providing them with what the colonists believed was an equitable legal system. An example of this is the succsesionary law for chiefs[xx]. It was not customary for the eldest son to assume the role of chief but rather his greatest son[xxi]. This resulted in murders and what the English legal system would consider treason. Under the chiefs that powerful men who were in control of certain areas of land and the chief would use the justice system to control these powerful men rather than focus concepts of morality[xxii].

These kinds of practices were not favorably looked up on by the British and other colonists in South Africa and the prejudice ideas that would in part setup the future racial perceptions began cementing itself in the minds of the new white South Africans[xxiii]. In the coming years war would follow and the colonial government would have extensive discussions about the various matters that impacted the natives. One such instance is the protection of property[xxiv]. Should a native have been robbed he has the opportunity to take his case to the chief who with their police would investigate the crime and should they find the thief, they would receive a reward from the property for the efforts in bringing the criminal to justice[xxv]. When the police were employed by the colonists they would be compensated accordingly for the work done. The police were limited in that they were not supported if needed to take up arms against a perpetrator and the police under the chief was not authorized to carry out armed patrols[xxvi].

One could perceive these official documents elaborating on crime, police and the natives as being an important role in

supplying the people with a sense of safety and security however these were not laws and were intertwined with treatiesand agreements between natives and colonists[xxvii]. But an important door has opened up in this early history where Blackpeople were being employed in a role of authority to provide security and to be police officers.

Anomie

Definition of ANOMIEsocial instability resulting from a breakdown of standards and values; also :  personal unrest, alienation, and uncertainty that comes from a lack of purpose or ideals.

"Anomie." Merriam-Webster.com. Merriam-Webster, n.d. Web. 15 Oct. 2014.<http://www.merriam-webster.com/dictionary/anomie>

____________________

Anomie is experienced frequently in South Africa. Township violence is not always the act of harming an innocent. Sometimes it’s the innocents getting justice against perpetrators of crime.[1] We have seen in Crossroads how a community can come together and resist unjust government actions and in the same they can come together and demand community justice for criminals. In some of the cases the police are no match for the community[2]. It is not always a failure of the police that results in this theme of backlash against police but simply the way the legal system is designedin South Africa. People who live from hand to mouth have very little tangible objects to hold onto and so they prize concepts like justice[3].

In the Western Cape organizations have popped because of the belief that the police system in South Africa is failing the people and the police are failing in their mandate to provide security and protection[4]. One such organization is the Peninsula Anti-Crime Agency – PEACA. They operate in areas like Khayelitsha where there have been many complaints about policing failures. So much so that it resulted in an official commission to investigate what was happening with the police in the area[5].

PEACA operate independently from the regular justice system and provide a mediation type service to solve disputes and provide justice and compensation for crimes[6]. The PEACA do what the police cannot or won’t do[7]. The ensure pensioners are protected when collecting their grants and security for the delivery of essential goods and services in to the area[8]. They do also fall into the grey area of providing brutal justice[9]. Members of their organization have been arrested for beating confessions out of suspects and also

providing violent retribution on perpetrators.  This is an organization that is lauded by the community for their proactive stance against crime[10].

The police in Khayelitsha fail because they are recorded as doing nothing[11]. It is alleged that their police station would filled with people badly injured due to crimes committedagainst them but the police would reluctant in opening up a case to investigate[12]. In some instance when police are called to a crime scene they do not show up because the station has no vehicles[13]. When placed in a side by side comparison with PEACA the police seem incredibly lazy since the people of PEACA do not have even half the resources or manpower the police have. Yet they solve more crime then the police protecting Khayelitsha[14].

Overall in the country, the experiences of Khayelitsha are notunique. Even in the affluent suburbs of Cape Town like Camps Bay, crime is a problem[15]. The difference for these residents is that they can afford private security. The liberation of the private security company in South Africa hasbecome the predominant factor in preventing crime from spreading like a disease[16]. Private security companies have become armed to the extent that they are mini combat units[17].

Communities across South Africa have a common trend and that is to turn to alternative a security gatekeepers[18]. In Gugulethu it was the taxi drivers[19]. These drivers had guns so they could fend of hijackers and they had vehicles to move around which alone was more then what the police had. They were quickly mobilized and like their counterparts, they foundof providing a violent justice[20].

The taxi drivers grow and their power becomes extensive and soon internal conflict arises amongst taxi operators[21]. These conflicts do not arise out of greed or corruption but because to provide any form of protection comes at a cost[22].

Informal justice is flawed because it lacks proper investigation into crime and people become guilty until proveninnocent. Informal justice is not interested in reasonable

doubt and so many innocent lives are lost because they were inthe wrong place at the wrong time[23].

Although this informal justice system is flawed it is a very difficult concept to judge because when people are victims andpolice are failing their only recourse is vigilantism[24]. Thecommunity where this is happening has had a long history of never receiving help from police during Apartheid and post-Apartheid. These townships are an example of everlasting effect of the Apartheid system and one can say it also a failure in government in bring unity in places like Khayelitsha and Gugelethu because they are also lacking in poor non-Black residents[25].

The problem with police in these areas stem far deeper than the reasons for them not doing their job to their best of their ability[26]. It also has roots in a system that government is failing in correcting[27]. A country that is based on democracy and unity that has communities still divided the way the Apartheid government wanted is a failure of government in changing those pillars of an unjust system[28].

Security, Police & the Constitution

There are two important areas of South African law that is pertinent to this research paper. The first one is the Bill ofRights as enshrined by the constitution. The rights provide a foundation that all other laws are written upon including the other are which is the role of police. Essentially this part of the constitution connects with Bill of Rights in stating how the laws enshrined in the Bill of Rights that we have highlighted are to be protected. The South African Police Service is governed by:

Chapter 11 of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) that stipulates the South African Police Service has a responsibility to -

o prevent, combat and investigate crime;o maintain public order;o protect and secure the inhabitants of the Republic and

their property; ando uphold and enforce the law.o create a safe and secure environment for all people in

South Africa.o prevent anything that may threaten the safety or security

of any communityo investigate any crimes that threaten the safety or

security of any communityo ensure criminals are brought to justice; ando participation in efforts to address the causes of crime.

The South African Police Service Act 68 of 1995 o To provide for the establishment, organisation,

regulation and control of the South African Police Service; and to provide for matters in connection therewith.

Unkown. (1996). "Act 108 of 1996". Retrieved 05 October 2014 from http://www.saps.gov.za/about/const_framework.php

Khayelitsha - Not quite there

Crime is born from poverty. Communities that are impoverished generally have poor access to education, health care, protection and basic overall services. Impoverished communities normally have more people per living square meter[1] [2]. The result is increased competition for survival. This leads to increase in crimes. Crime becomes a way of life and communities develop around it, in response to it and a part of it[3]. In Khayelitsha it is no different. History of Khayelitsha has already dictated the type of survival that is happening in the community. People are on topof one another and have so little access to the basics required for survival. Thus crime is rampant in khayelitsha[4].

Part of our constitution is the right to protection as a SouthAfrican. The people in khayelitsha are South Africans and should be protected by the constitution. This is where khayelitsha comes into the news because the South African Police Services have failed in their mandate to ensure that the community at khayelitsha is protected. Their fundamental rights have been violated and the call to action has been

slow.

The Police in khayelitsha have been accused of the following[5]:

Discourteous and contemptuous treatment of crime victims. Police dockets are often lost resulting in cases being struck off

court rolls. Consistently unprofessional and/or incomplete investigation

procedures. Lack of communication between investigating officers and crime

victims on the status of cases and legal proceedings. Investigating officers routinely do not secure the presence of

witnesses at trials resulting in lengthy postponements. Lack of protection for witnesses to serious crimes. Insufficient visible policing in the area

The social justice coalition called on the premiere of the Western Cape, Hellen Zille to do something about the ineffectiveness of the police. She tasked a commission to investigate and make recommendations to help the situation[6].

As we have discussed the history of khayelitsha is part of thereason as to why crime is such a major issue in the community.The history Apartheid with its unjust laws and a police force focused more on keeping the tide of revolution down rather than protecting the people meant that, there was opportunity for crime to develop and in particular organized crime. Gangs developed and such became their own violent community with a greater community[7].

The plans for khayelitsha that never materialized because government never prioritized khayelitsha was in part more of afactor to the indirect contribution to the criminal elements of the area. The streets are terribly lit and as such shop keepers are held hostage by gang members. Drugs are easily sold under the cover of darkness. The lack of road infrastructure makes it difficult for police vehicles to move through area. To react to crime[8]. Possibly the biggest obstacle police face from the history of this development of khayelitsha is the large amounts of people that were forced tolive in the smallest space and the multiple people and families in one house has led to it being virtually impossibleto locate criminals. The informal settlements that have sprung

up all over khayelitsha in response to the overcrowding has meant that the difficulty in locating criminals and victims ismore diluted and thus more difficult.

Cape Town has been judged has not moving away from the Apartheid method of planning as they develop grand plans of development to further counter the repercussions of Apartheid[9]. Yet what people want is the over hauling of the police services. Helping the police become efficient and making existing urban development’s easier to protect[10].

At this point we can understand the historical difficulty the police have been burdened with in order for them to do their job[11]. There are things beyond their control however the things within their domain, i.e the way they treat victims andthe pride that they should be taking in their work in order tosolve crimes and also the ease at which police officers are able to give in to corruption. Khayelitsha is not just a primeexample of how Apartheid has created these ripple effects through time that are still felt but also, khayelitsha is an example of the manner in which police culture is failing to protect and failing to empathize, have become the intrinsic traits of the South African Police Force[12].

One of the repercussions of a failing police force in Khayelitsha is that the residents have turned to taking justice into their own hands and becoming vigilantes[13]. The township taxis become the new law and order in Khayelitsha. Hearing complaints about crime and enacting a sometimes vicious punishment on the perpetrators[14]. The police stand by and do nothing. Sometimes criminals themselves are taking advantage of this informal legal system to exact revenge against enemies and victims. In the case of Khayelitsha being in the wrong place at the wrong time can be the difference between life and death[15]. A community beats a man near to death and he continues to insist on his innocence but it does not matter. When taken to the police station, the police officers say nothing and do nothing. Instead they toast the vigilantes because they to feel that township justice far moresuperior then anything that they could do[16]. The biggest problems with this type of unregulated justice are the amount of innocent people that are hurt in the process. Mothers who

refuse to let go of their children who have been accused of committing crimes are killed. They are just considered collateral damage or in some cases apart of the punishment being dealt out[17].

Khayelitsha is not the only area that is faced with corrupt ineffective police but there plight is so large that it has become the face of police corruption is South Africa. Communities have no choice but to fend for themselves[18]. Police have become puppets of gangsters and sometimes reporting a crime can mean certain death for the snitch. A measly R50 can get your docket lost and your case thrown out of court. This is a constitutional failure[19].

Pay Back the Money

Julius Malema, the political upstart who has not only surprised his critics, but also his enemies with his election success is at the forefrontof the most recentquestionable case involving the South African Police Services. On, ... Julius Malema asked in parliament during a Q&A with president Jacob Zuma when was he going to payback the money used on the presidents homestead.The president failed to answer the question appropriately and EFF parliamentary members stood in unison and shouted "pay back the money"

This has become an iconic moment in current politics however this could have also been the moment that the South African constitution would have collapsed aswithin our laws there is a rule that no member of parliament can be arrested whiles parliament is in session. Police or security are not allowed within parliament during a session. In response to Julius Malema and his band of merry man, someone in parliament summoned the riot police into parliament whiles in session.

The use of police to further government agenda is not a particularly hot topic in South African due to our contemptuous history. However it is an excellent example of the fine line that we have between being a democratic society and becoming a police state again.

Policing Judgement

Across this website we have examined the historical elements that have created certain communities. South Africa had a deeply entrenched racial segregation policy that aside from the difficulty of blending communities to create a stronger sense of unity there isalso an element of psychology that has remained and left communitieslike Khayelitsha still struggling to have their fundamental rights serviced by government agencies such as the police.

The police itself has a long road to go in becoming an authority that is not another arm of government to be used to exercise executive power as it historically has been. The recent evens of theriot police being called into parliament is a testament to the Apartheid heritage as it is was the riot police who subdued the masses who protested against injustice.

The one major theme that has been constantly displayed is the resilience of communities and their innate ability for self preservation.

Bibliography

The brief history of early Khayelitsha. The development of a community and creation of a new home for black workers in Cape Town.

Cook, G. P. (1986). "Khayelitsha: Policy Change or Crisis Response?" Transactions of the Institute of British Geographers 11(1): 57-66.

This is a book that relates to Khayelitsha. As the title suggests it is about the reality of the wheels of justice in South Africa and the role of police in perpetuating the problem

Hootnick, A. (2003). "Improvised Justice: Constitution vs. Reality in South Africa." The American Scholar 72(1).

The policy brief addresses crime in Cape Town and the reasons as to why it is so rampant.

Goga, K. (2014). On the margins: City of Cape Town and organised crime. Policy Brief. Pretoria Institute for SecurityStudies. 60: 8.   

This paper discuss local justice, police corruption, and vigilantism in South African and in particular Cape Town. It talks about the mind set of South Africans in particular when faced with being victims of crime. It also references Khayelitsha and the community.

Super, G. (2014). "Twenty years of punishment (and democracy) in South Africa " African Journals Online 48: 1-10..

In this paper the discussion focuses on non success of police in providing security and the topic of vigilante justice which is a major element in the informal settlements in South Africa. Boyane, T. (2002). "Non-state justice in post Apartheid South Africa." African Sociological Review 6(2): 47-70.    This book discusses important topics at the turn of the century and provides a foundation of Black security and minority perception of Black safety. It also provides an analysis of earl police structures pertaining to Black South Africa. Boyce, B. Y. (1939). Notes on South African Affairs. London, J. Wilson Red Cross Street.    Gabriel discusses social trends and community inequality in South Africa and how these elements contribute to the development of crime. It is a link between Apartheiddisadvantaging people and poverty and crime. Gabriel D. B. Ö. (2005). "Crime and local inequality in South Africa." Journal of Development Economics 76(2): 265-292.  This deals with crime and also community vigilante justice. It talks about how crime became a career option for the poverty struck communities with a focus on Cape Town.  Kynoch, G. (2007). "From the Ninevites to the hard livings gang: township gangsters and urban violence in twentieth century South Africa." African Studies 58(1): 99.

This is a book that relates to Khayelitsha. As the title suggests it is about the reality of the wheels of justice in South Africa and the role of police in perpetuating the problem. In the case of historical perspective, I am using discussion on police in its relation to Khayelitsha

Hootnick, A. (2003). "Improvised Justice: Constitution vs. Reality in South Africa." The American Scholar 72(1).

 This is a complete and detailed analysis of the history of Khayelitsha that includes apolitical and social construct             analysis.

Surplus Peoples Project. (2003). Khayelitsha new home - old story. Cape Town, Surplus Peoples Project. In this book the writer deals with the consequences of segregation. The implementation of the Apartheid system and in depth analysis of politics, law and actions taken to enforce the system.   Smith, D. M. (2001). "The Apartheid City and Beyond."    This is an additional book to add to what was written by Smith. However the focus shifts more towards change but also discusses the fundamental issues that arise from the Apartheid system. It also discusses community development in that regard.Swilling, M. (1991). Apartheid City in Transition. Oxford, Oxford University Press.

Outcast in Cape Town is focused more on the coloured community of Cape Town andbecause the early history of informal settlements did not include racial segregation, he goes into detail on that combined situation and relates the history that follows from an outside perspective.     Western, J. (1981). Outcast Cape Town. Johannesburg, Human & Rousseau Publishers.

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