Open Society Foundation for South Africa

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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
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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

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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.

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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.

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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
  flourishednot only because of opportunity and
  greed, but because of a police culture that
  exalts loyalty over integritybecause of
  willfully blind supervisors who fear the
  consequences of a corruption scandal more than
  corruption itselfand 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)

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Typology of Corruption
Type Examples
Misuse of authority Unethically accepting material benefits by virtue of being a police officer (accepting free lunches, holidays)
Abuse of internal authority Procurement, promotions, shift allocation etc.
shakedown Acceptance of a bribe not to arrest a suspect
Fixing Not collecting evidence or selling dockets
Protection of illegal activity illicit markets Accepting cash or goods on a regular basis to protect crime syndicate, drug dealing, etc
Kickbacks Referring business to particular individuals or companies for a commission (lawyers, tow-trucks)
Opportunistic theft Stealing from crime scenes, during raids, searches etc.
Padding Planting evidence to secure a conviction, manipulating
Direct criminal activities Using police knowledge, access to information skills to commit robberies, CITs, etc.
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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

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Police Corruption in SADuring 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
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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, experiences and 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

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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

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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.

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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 NPAs
  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.

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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)

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SAPS Shortcomings Challenges in Implementing
Anti Corruption Strategies

• 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

• 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

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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.

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The SAPS National Anti-Corruption Unit 1996 - 2001
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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.

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Shifting Rhetoric on corruption

• Too often rhetoric has referred to rotten
  apples or rotten potatoes (bad individuals)
  when its 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
•  

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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. 

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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

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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 cant 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.

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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
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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 cant
  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
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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,
  Youve 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 youve got money, even though you
  dont. 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 therell 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 doesnt say
  thank you and sometimes you need them to say
  thank youSome police are very negative. The
  people cant 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
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Elements of the campaign

• Traditional media
• Social Media
• Website
• Downloadable Products
• Sharing and dissemination of research
• Partnerships

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Traditional Media

• Advertisements
• Corporate social responsibility
• Media strategy and partnerships
• (eg. Crimeline)
• Public Radio Taxi ranks
• Seminars Workshops

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Social Media

• Twitter Facebook

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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
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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

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Downloadable Research

• Research products
• Analysis
• Monographs
• Articles

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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!

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(No Transcript)
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A Professionals 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 doesnt
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)
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Thank you www.issafrica.org/crimehub
Open Society Foundation for South Africa