Crime and crime prevention in South Africa: 10 years after.

• Author: du Plessis, Anton

La transition en cours en Afrique du Sud depuis 1994 exige un remaniement en profondeur des institutions et des lois nationales. Une plethore de nouvelles politiques et lois en matiere de justice penale ont ete adoptees ces dix dernieres annees. Apres 1994, l'une des priorites du gouvernement a ete la National Crime Prevention Strategy (NCPS), qui reconnaissait les causes sociales et conjoncturelles de la criminalite, ainsi que la necessite d'etablir des partenariats entre ministeres gouvernementaux et acteurs de la societe civile. Toutefois, cette strategie est en perte de vitesse en raison des pressions exercees par le public et les milieux politiques en faveur de solutions radicales immediates. Depuis 1999, le gouvernement privilegie les interventions musclees en matiere d'execution de la loi et l'adoption de nouvelles lois visant a ameliorer l'administration de la justice penale. Les auteurs de cet article affirment que le systeme de justice penale de l'Afrique du Sud fonctionne bien, compte tenu des defis a relever depuis 1994. Sa tache consiste maintenant a dissiper les perceptions negatives entretenues par le public au sujet de la securite, et a renouveler les efforts de lutte contre le crime en s'attaquant aux facteurs sociaux et conjoncturels qui echappent au controle de la police et des tribunaux.

Introduction

Few will dispute the claim that South Africa's transition to democracy has been a remarkable success. In 1994, the country moved from autocratic and oppressive oligarchy to human-rights-based constitutional democracy. This dramatic shift in the nature and functioning of the state required an extensive overhaul of its institutions and laws. The challenge for the new government was one of transformation and nation building during a time when crime levels and public feelings of insecurity were reaching unacceptable levels. Added to this mammoth task was the burden of having to fast track this process while at the same time operating within a new legal framework based on human rights and a respect for civil liberties.

The last 10 years in South Africa have been characterized by a flurry of new policies, plans, strategies, laws, and noble ideas. This article argues that the South African criminal justice system has performed well considering the challenges it has faced since 1994. However, while acknowledging this success, it also points out that there remain many challenges and that more could be done to address certain problems that still exist.

Crime trends in democratic South Africa

An accurate analysis of crime in South Africa since the advent of democracy should begin with a review of the trends before and after 1994. Figures for the pre-1994 period show that crime rates for most of the country have been increasing since the mid-1980s (Schonteich and Louw 2001). However, because these statistics excluded crime incidents in the apartheid-era "bantustans," they are widely regarded as inaccurate. The figures recorded by the police after 1994 indicate that recorded crime in South Africa has increased by 30% over the past decade (SAPS 2003). (1) Recorded violent crime has increased more than any other crime type (by 41% compared to 28% for property crime). The official police statistics paint a gloomy picture. But several considerations must be taken into account when analysing crime in South Africa:

* The reporting phenomenon. A recent national victim survey suggests that less than half of all crime is reported to the police (Burton, du Plessis, Leggett, Louw, Mistry, and van Vuuren 2004). Moreover, reporting rates were the lowest for those crime types that, according to the police data, showed the greatest increases (such as robbery and assault). In addition, according to official statistics, offences that are traditionally well reported, such as murder and vehicle theft, had decreased since 1994. To some degree, then, the increase in recorded crime is likely to be a result of increased reporting to the police. With the greater legitimacy of the justice system in general and an emphasis on community policing and service delivery, an increase in reporting since 1994 was to be expected.

* Alternative sources on crime trends. National victim survey findings show that, contrary to police data, crime rates have not increased over the past rive years. Surveys indicate a 2% drop in overall crime rates between 1998 and 2003.

* There is good news. Murder statistics are widely regarded as most reliable, and the official data show a consistent decrease in the murder rate since 1994.

* Substantial regional variation. Crime rates and crime trends over time differ substantially between provinces and cities. For example, the murder rate in the Western Cape in 2002-2003 was seven times that of Limpopo, the province with the lowest murder rate.

* Violence is the key challenge. It is of concern that over one third of all officially recorded crime is violent. (2) The categories that present the greatest challenge are murder, armed robbery, rape, and child rape and abuse.

* The public feel increasingly unsafe. Despite what the statistics say and the substantial efforts of government and civil society, members of the public feel much less safe now than they did rive years ago (Burton et al. 2004).

* Similar factors drive crime in South Africa as elsewhere. The factors that have been associated with crime in South Africa are similar to those described internationally (see Crime Prevention Digest 1997).

How has South Africa responded to crime?

This section of the article will highlight some of South Africa's key criminal justice policy, legislative, and organizational achievements since 1994. For purposes of clarity, the challenges and shortcomings of the criminal justice system will be discussed separately. While reference will be made to other sectors, the main focus of this discussion is on matters related to crime prevention.

New policy and legislation

One of the first challenges facing the new government in 1994 was the arduous task of aligning the country's law (both common and statutory) with the values and principles enunciated in the new Constitution. While the Constitutional Court was hard at work declaring unconstitutional law invalid, policy makers were busy drafting policies and laws that were urgently required for the development of the new democratic order. (3) Near the top of the list of priorities was the development of a comprehensive and effective crime prevention strategy for the country. Legislation dealing with specific types of crime was developed to complement the government's broader crime prevention initiative.

Crime reduction policy in South Africa involves a basic philosophic tension between two perspectives: the crime prevention approach and the law enforcement approach. The crime prevention approach is based on the notion that crime is caused by social, economic, and environmental conditions, and that only by rectifying these problems can crime be addressed, while the law enforcement approach is premised on the idea that the best way to reduce crime is by arresting and convicting criminals.

* Crime prevention--1996 National Crime Prevention Strategy (NCPS). This is South Africa's overarching policy on crime prevention. It was intended to be the guiding framework for a wide range of interdepartmental programs aimed at increasing safety. The four "pillars" of the NCPS covered improving criminal justice functioning, environmental design, community values and education, and transnational crime.

At its peak, the NCPS was seen as one of six pillars of the country's National Growth and Development Strategy, a far-sighted move that recognized the vital role safety plays in development. However, the change of administration in 1999 ushered in a new approach to how government would deal with crime. Political pressure was mounting on government to deal with the rampant crime problem, and the longer-term approach of the NCPS was not appeasing the fears of the public or of politicians. In the end, short-range thinking prevailed, the Growth and Development Strategy was shelved in favour of the Growth, Employment, and Redistribution Strategy (GEAR). With the possible exception of victim support, most of the social programs envisaged by the NCPS never came to fruition (Leggett 2004).

* Law enforcement--2000 National Crime Combating Strategy (NCCS). The NCPS was largely drafted by a panel of civilians and was widely distributed for comment. The NCCS, on the other hand, was produced in-house by the South African Police Service (SAPS) and has never been issued as a public document. The NCPS was, in theory, an interdepartmental policy, while the NCCS is explicitly a security cluster matter. (4) These differences are indicative not only of the shift towards an overtly law enforcement approach to crime reduction but also of the pressure to respond quickly--which partly explains the lack of consultation and the NCCS's focus on the police.

The NCCS has two elements. The first focuses on a selection of geographic areas with the highest recorded crime levels. Police resources are directed to these areas, largely in the form of high density, search-and-seizure type operations. The aim is also to improve service delivery in these areas and, once crime has been "stabilized," to initiate medium-term social crime prevention programs. The second element of...