Text in Afrikaans / "Free people expect much from their police. In such societies the police stand at the point of balance on the one hand securing human rights on the other exercising their lawful powers given to them by Governments in the name of the people, to protect people and their institutions" (J Alderson Human Rights and Police Rights. Publication of the Council of Europe.) This is no small expectation. It means that the police are expected to maintain and secure the principles of democracy and human rights, the principles upon which our Constitution is based. At the same time it is the duty of a police service to maintain law and order which sometimes require the exercise of power and the use of force which on the face of it may appear to violate human dignity and certain rights and freedoms which a police force is expected to maintain in a democratic society. The manner of exercising that power has an impact on the credibility and effectiveness of the police. Human rights law internationally accepts that a police service needs to be given the power to, at times restrict certain individual freedoms in the interests of the security of the community at large. These restrictions may take place only in a constitutional way. If it takes place in an unconstitutional way the courts must have the right to exclude evidence which is unconstitutionally obtained. At this stage the courts have to formulate such a qualified exclusionary rule, but the ultimate goal must be to include such an exclusionary rule in a future Constitution. / Department of Criminal & Procedural Law / LL.M.

Text in Afrikaans / "Free people expect much from their police. In such societies the police stand at the point of balance on the one hand securing human rights on the other exercising their lawful powers given to them by Governments in the name of the people, to protect people and their institutions" (J Alderson Human Rights and Police Rights. Publication of the Council of Europe.) This is no small expectation. It means that the police are expected to maintain and secure the principles of democracy and human rights, the principles upon which our Constitution is based. At the same time it is the duty of a police service to maintain law and order which sometimes require the exercise of power and the use of force which on the face of it may appear to violate human dignity and certain rights and freedoms which a police force is expected to maintain in a democratic society. The manner of exercising that power has an impact on the credibility and effectiveness of the police. Human rights law internationally accepts that a police service needs to be given the power to, at times restrict certain individual freedoms in the interests of the security of the community at large. These restrictions may take place only in a constitutional way. If it takes place in an unconstitutional way the courts must have the right to exclude evidence which is unconstitutionally obtained. At this stage the courts have to formulate such a qualified exclusionary rule, but the ultimate goal must be to include such an exclusionary rule in a future Constitution. / Department of Criminal and Procedural Law / LL.M.

Before 1994 criminal procedure was subject to the sovereignty of Parliament and the untrammelled law enforcement powers of the executive which resulted in the authoritarian and oppressive criminal justice system of the apartheid era. The Constitution, Act 108 of 1996 has since created a democratic state based on the values of the supremacy of the Constitution and the rule of law. The basic principles of criminal procedure are now constitutionalised in the Bill of Rights. The Bill of Rights protects the fundamental rights of individuals when they come into contact with organs of the state which includes the police. The Criminal Procedure Act 51 of 1977 authorises the police to search for and to seize articles, and has long provided the only legal basis for obtaining warrants to search for and to seize articles and for performing such actions without a warrant in certain circumstances. Generally the standard for these measures and actions taken under their purview has been one of reasonableness. Since the birth of the Constitution there has been additional constraints on search and seizure powers. Not only are there now constitutionalised standards by which such legal powers are to be measured, but there is also the possibility of excluding evidence obtained in course of a violation of a constitutional right. The provisions of the Criminal Procedure Act are now qualified by the Constitution. Where feasible a system of prior judicial authorisation in the form of a valid search warrant obtained on sworn information establishing reasonable grounds is a precondition for a valid search or seizure. Search and seizure without a warrant is permitted only in exceptional circumstances such as an immediate threat to person or property. By prohibiting unreasonable searches and seizures the Constitution places important limits on police efforts to detect and investigate crime. The Constitution appreciates the need for legitimate law enforcement activity. / Criminal and Procedural Law / LL.M.

Before 1994 criminal procedure was subject to the sovereignty of Parliament and the untrammelled law enforcement powers of the executive which resulted in the authoritarian and oppressive criminal justice system of the apartheid era. The Constitution, Act 108 of 1996 has since created a democratic state based on the values of the supremacy of the Constitution and the rule of law. The basic principles of criminal procedure are now constitutionalised in the Bill of Rights. The Bill of Rights protects the fundamental rights of individuals when they come into contact with organs of the state which includes the police. The Criminal Procedure Act 51 of 1977 authorises the police to search for and to seize articles, and has long provided the only legal basis for obtaining warrants to search for and to seize articles and for performing such actions without a warrant in certain circumstances. Generally the standard for these measures and actions taken under their purview has been one of reasonableness. Since the birth of the Constitution there has been additional constraints on search and seizure powers. Not only are there now constitutionalised standards by which such legal powers are to be measured, but there is also the possibility of excluding evidence obtained in course of a violation of a constitutional right. The provisions of the Criminal Procedure Act are now qualified by the Constitution. Where feasible a system of prior judicial authorisation in the form of a valid search warrant obtained on sworn information establishing reasonable grounds is a precondition for a valid search or seizure. Search and seizure without a warrant is permitted only in exceptional circumstances such as an immediate threat to person or property. By prohibiting unreasonable searches and seizures the Constitution places important limits on police efforts to detect and investigate crime. The Constitution appreciates the need for legitimate law enforcement activity. / Criminal and Procedural Law / LL.M.

In South Africa, the right to protest is under constant threat as a result of the state response. Increasing cases of forceful policing and sometimes unlawful procedural prohibitions of protest attest to this. This study aims to firstly describe this situation through securitisation theory, essentially arguing that South Africa has become a securitised state. It also aims to understand how this is sustained by the state and why the state needs to use a securitised response to maintain power. Interviews were conducted with members of different communities and organisations. Their responses helped to illustrate the frustration of the right to protest or brutal policing during a protest. This provided primary evidence to support the claims of the study. The research shows that claims to protest are being delegitimised under the guise of security as protestors are being constructed as threats to the state. This is further substantiated by looking at how the reorganisation and remililtarisation of the South African Police perpetuates the criminalisation of protestors which necessitates a forceful response from the state. Furthermore, it shows that there is a distinct relationship between the prohibition of protest and the recent increase in ‘violent’ protests which legitimate forceful policing thereby creating a state sustained cycle of violence. The larger implication of this treatment is that these protestors are treated as non- citizens who are definitively excluded from participating in governance. In understanding why this is taking place, it is clear that a securtitised response is an attempt to maintain power by dispelling any threats to power, a response which is seen to have a long history in the African National Congress (ANC) when examining the politics of the ANC during exile. Maintaining power in this way distracts from the larger agenda of the state, which this thesis argues, is to mask the unraveling of the ANC’s hegemony and inability to maintain national unity. In other words, the increasing dissatisfaction of some of the citizenry which has manifested through protest greatly undermines the legitimacy of the government to provide for its people.

South Africa has been synonymous with police brutality for many years. This stigma remains till this day. The South African Police Service and the Government has tried in vain to change the image of the South African Police Service. This research was conducted to analyse the prevention of police brutality in the Western Cape, focusing on Cape Town. This will include the effects police brutality has had on the community, and the resulting breakdown of relations between the police and the community. This study will compare statistics of police brutality related incidents from South Africa with that of the United States of America, the United Kingdom, Australia and Nigeria. This comparison will indicate if South Africans do suffer more brutality cases at the hands of the police or is brutality by police officers a worldwide phenomenon. The research questions that were asked during this study are if police brutality is a problem, why does police brutality occur, how does it affect the community and what can be done to prevent police brutality. This study used a mixed method of research methodology to attempt the answer the complex questions asked. This included survey questionnaires that were distributed to police officials, Community Police Forum members and the community around the Cape Town Central Business District. Semi structured interviews were held with members of the police’s departmental hearing section. Literature was also obtained regarding police brutality. Prevention of police brutality strategies from the United States of America, United Kingdom, Australia and Nigeria were obtained to compare these strategies and determine which have been successful and could be a benefit to the South African Police Service. The current strategies the South African Police Service have also put in place will be discussed which will include legislation, white paper on safety and security, the green paper on police practice and the National Development plan 2030. Combining all the information obtained, this research will provide findings regarding the phenomenon of police brutality and possible recommendations that could assist with the prevention of police brutality. This in turn will help build a better relationship between the South African Police Service and its Citizens that they swore to protect and serve. / Criminology and Security Science / M. A. (Criminal Justice)

This exploratory and qualitative investigation is used as a research strategy to indicate a preventative policing style for public violence in the Eastern Free State. The research's integration of problem-solving methods may be used in instances where public violence is common and pre-empted. The study researched the policing of public expression against poor service delivery in a democratic South Africa after the adoption of a new Constitution. The Scanning, Analysis, Response and Assessment Model is applied by way of a service-oriented, preventative policing style involving the principles of the Community Policing Style. The dissertation argues that though the South African Police Service's handling of public violence in the Eastern Free State, was reminiscent of the former public violence of political oppression, it should gradually move away from the military approach to a preferred community policing style and include relevant role players in using a systematic and service-orientated preventative policing style to address public violence. / CRIMINOLOGY / MTECH: POLICING

This exploratory and qualitative investigation is used as a research strategy to indicate a preventative policing style for public violence in the Eastern Free State. The research's integration of problem-solving methods may be used in instances where public violence is common and pre-empted. The study researched the policing of public expression against poor service delivery in a democratic South Africa after the adoption of a new Constitution. The Scanning, Analysis, Response and Assessment Model is applied by way of a service-oriented, preventative policing style involving the principles of the Community Policing Style. The dissertation argues that though the South African Police Service's handling of public violence in the Eastern Free State, was reminiscent of the former public violence of political oppression, it should gradually move away from the military approach to a preferred community policing style and include relevant role players in using a systematic and service-orientated preventative policing style to address public violence. / CRIMINOLOGY / MTECH: POLICING