South Africa: Constitutional Assembly Resources
You are here: SAFLII >> Databases >> South Africa: Constitutional Assembly Resources >> 1993 >> [1993] ZAConAsmRes 33 | Noteup | LawCiteGuidelines for Civic Committees Anticrime Committees and Community Courts [1993] ZAConAsmRes 33 (1 December 1993)
DECEMBER 1993 GUIDELINES FOR Published by Proposals from Ntsokolo Dan Sandi (former National General Secretary of Sanco, now Civic Consultant)
Civic committees, anti-crime committees and community courts as structures of
popular justice should engage with state and private
justice during the
transition and even in a free South Africa. The argument of Daniel Nina in the
Weekly Mial Supplement (p.9) of 10-16/1213 that "during the
current period of political transition, stucturs of popular justice must decide
whether to remain isolated or engage with
state and private justice" must be
viewed as a challenge to the civic movement. CIVIC COMMITTEE (at all levels)
charges
9, roads and transport, including tarring of streets and roads, ta)d associations
13, financing of the civic organisation 14, administration and co-ordination of the civic. and actions of the government and all levels. The civic remains autonomous
of state and business ANTI-CRIME COMMITTEE (at all levels) - it should abide by both current and future laws (provided they are from a legitimate government); - it should respect human rights - Street level with a civic street committee and a street anti-crime committee (SACC) - Area level with a civic area committee and an area awledmc committee (A-ACC) - Branch level with a civic branch committee and a branch anti-crime committee (BACC) - Local level with a civic local committee and a local anti-crime committee (LACC) - Sub-Regional level with a civic sub-regional committee and a sub-regional anti-CRIME committe (SRACC) - Regional level with a civic regional committee and a regional anti-crime committee (R-ACC) - National level with a civic national committee and a national anti-crime committee (NACC) COMPOSITION OF STRUCTURES WHAT ANTI-CRIME COMMITTEES SHOULD HANDLE WHAT CIVIC, ANTI-CRIME COMMITTEES AND COMMUNITY COURTS SHOULD NOT DO FINANCING CIVIC AND ANTI-CRIME COMMITTEES The civic movement has to be financed by all residents at a local level by means fees and subseriptionfees,thatis,R6peryearbyeachreidentandR2joiningfee. But,eachurbanorrurallocal authority (municipality), sub-regional authority, regional authority and central government should also tliink seriously about allocating a certain percentage of its budget for the local sub-regional, regional and national civic structures respectively. The same applies to budgets of the private sector at local, sub-regional, regional and national levels, The Departments of Prisoris/Correctional Services, Law and Order, Justice should also think seri‑ously about allocating a certain percentage of their budgets to anti-crime committees at local, sub‑regional, regional and national levels of the anti-crime committees. This also applies to the Peace Accord structures and the Cornmunity-Police Forums. Street and Area anti-crime educators should be employed by the civic on a part-time basis. That in in a glen area under a civic area committee, there should be a part-time anti-crime educator in each street under the co-ordinafion of an area anti-crirne educator. But branch, local, sub-regional, regional and national crime monitors should be employed by the civic on a full-time basis. The fund which finances the anti-crirne committee at each level under the civic (from local to national level) could he known as the ANTI-CRIME FUND under the direct con‑trol of the civic. The private sector could also be usetbl in the financing of an anti-crime project. CONCLUSION It should be noted that the views expressed in this article are not
necessarily those of the civic movement or Sanco, but my personal
views on how
to deal with crime and violence in South Africa, based on my practical and
theoretical experience as the secretary in
the civic movement at street, area,
branch, local, sub-regional, regional and national level till I resigned on
6-8-1993 as National
Secretary of Sanco. WHAT IS AN ANTI-CRIME COMMITTEE? SAA' During the course of our struggle, especially in 1990-1992 ilwyeands of our
people, including civic leadership (e.g. Sam Ntuli and
others) were killed and
murdered in a calculated violence directed at the leadership of the liberation
movements, the civic and their
allies, and the black communities in particular.
Political organisations of the people took an initiative and active role in the
preparations for the National Peace Accort (Amics also YaWe the life of human
beings and strongly seek harmony amongst all residerds,
Though civics are not
involved in the N.P.A. structures, they also seek to hasten the process and hope
that all the N.P.A. structures
will be in smooth and sound operation in all the
regions of S.A. But the adopted N.P.A. structures and codes of conduct will be
meaningless
if the violence and killings of our people and the leadership of the
orgardsations continue. Evidence of police collusion and disregard
of he agreed
TERA. codes still abounds, and the state does not prosecute the culprits which
obviously are paid out of its secret
funds. The press or media continue to
uncover and reveal facts about the violence and structures of apartheid
provoking and perpetuating
violence. Public funds involving millions of rands
have been owed to promote violence and, in this regard, certain pup‑pets
have been implicated. The state is surprisingly reluctant to outlaw the
carrying of dangerous weapons in public, despite the alarming
death toll in many
parts of the country, especially in the Western Cape, Natal and the
Transvaal. ALLEGED STATE VIOLENCE AND CRIME State violence and crime are weapons to destroy democracy. The state wants to weaken its opponents and so entrench themselves by violent means that they can impose their viewpoints. The concern about violence is not only about tne desire to save Eves, critical as this certainly is. It is also about ensuring fundamental transformation through negodabonj without further loss of life and dislo‑cation of the economy But violence also means a lot more for the future, For, whether we like it or not, the intolerance underlying the violence will carry forward into the post-apartheid society. The tendency to impose unpopular ideas by means of terror is sowing the seeds for the kind of banditry that has ravaged societies like Mozambique, Angola and Nicaragua, One effect of this is that it could lay the badsfor authoritarian rule by a post-apartheid government. As ice love seen in other societies, while this may start with good intentions, it can easily result in the undermining of liberties for decades on end. The problem of violence, therefore, transcends the immediate future. A comprehensive strategy is required to deal with it. We need to act firmly in defence of the masses. The cost of the violence must be brought home to those in power.. The major weakness of the forces of violence is, ironically, that they are still in power. While trying to maximise the cost of violence to the oppressed and their civics and liberation movements, political organisations and trade unions, they seek to minimise its impact on the white establishment, Firmness, however, should be combined with flexibility. It would not help the struggle if by our actions we were to close all doors to those forces within the state who genuinely want a peaceful solution. But there is not doubt that all elements within the state gain from the violence and, by commission or omission, they are collectively responsible for the acts of mass murder and killings, The regime seeks to portray itself as an impartial force above the violence, while facts have shown that it is deeply involved. The perpetrators must find themselves confronted by a united national peace force: the mass democratic contingent religious communities, big business and elements from the soldiers and police, homeland leaders, government functionaries and other sectors of society. The fbhoming is a summary of what other people say on traditional weapons. TRADITIONAL WEAPONS/CULTURAL WEAPONS After the unbanrling of organisations the regime surprisingly acquired a new sensitivity to African People's traditions when it comes to weapons. Are these the signals of he new South Africa? But, the historical record of the regime proves otherwise. For more than a cemul; he carrying of weapons by Africans was banned. If a person was found withjust a stick, he/she was subjected to the humiliating test of putting it in his/her mouth to prove that it mvas not thick enough to cause a fatd bloc. In urban amal people spent many a cold night injail for carrying a pocket knife. But the implementation of these procedures was selective. The state hardly intervened in areas ridden by factional fights. Where there was resistance against the state, the police andarmywerenotfoundwanting. Itiswiththisconceminmind,thattheNataldemocraticmovement delegation which met the government in September 1990 called for a ban on the carrying of weapons' The goveniment lacaded powerlessness, claiming there were no laws for this purpose. Their attention "us then dramtn to the existence of such a law. A nivv days atwr the meeting, the government scrapped -li Try and kgdhed dw carrying of he traditional weapons. Byhookorbycrooktheyweredetenninedtobecomelegallypowerless. Inanyease,howtradi‑tional is the carrying of weapons? In most ethnic groups, men used to carry all kinds of weapons as heads of the family and soldiers. Yet there were codes relating to this. An ind una could decree against the carrying of such weapons if he realised that on occasions such as beer-drinking parties, violence would ensue. All this belongs to an era of the past. Todayonedoesnotfindrnencarryingspearsandbatde-axesinthestreets. Inanycase,ifweapolis werecarriedandusedtoattackopponents,thepracticewouldhavetobecalledintoquestion. Evenin pre-colonial days, communities evolved traditions and modified thern according to their interests. The call against the carrying of all dangerous weapons, is out of a tragic reality, This is not meant to interfere with the symbolism of cultural occasions. Any right thinking African is bound to be incensed by the white governments perversion of traditions. AIMS OF THE APARTHEID VIOLENCE Both in the media and,,Yithin some communities there is a tendency to see
violence in clinic tenne This approach conceals the actual
causes of the
violence and aims of its perpetrators. which serve the interests of white minority rlfle, SECONDLY, it is aimed at undermining support for an iniehnn government by
making people feel that the current regime cannot be replaced
without giving way
to chaos and mayhem. Some capable liberation movements Ewe then portrayed as
being incapable of taking charge
of the transition and of leading the forces for
change. THIRDLY, some of the forces seek to sabotage the peaceful process in its entirety and revert to rule by the gun and baton. But, we cannot dismiss the ethnic factor out of liand. Those fuelling violence hope to frustrate nonracial democracy by making people feel that the only viable and safe form of social eiidenee is the exclusive ethnic or racial group. Non-racialism will then be seen as a threat rather than a condition for peace. In @ way, ethnic stereotypes are invigorated and mobilised against genuine transformation. WIIITE RIGHT-WING VIOLENCE Despite the rise of the right-wing violence the police, army and vigilante
violence remain greater threats to the process of peaceful
change in South
Africa. There is also the problem of obtaining information on right-wing
violence. People's organisations did not
keep properly documented
ac‑countsofincidentsandL2Notordy@onlntsstepons.
Theapartheidsystemhadbeenresponsibleforthe climate
of violence. The South
African right-wing is White brutality on farms, and the conservative white town
council's cutting of essential
services to black town ships also contributed to
the climate of violence. There is an alleged close link between the S.A.P. and
S.A.D.E which have easy access to arrnsandeornbatskills.
Thestatchasnotmovedinanyseriouswayagainstthepolenliallossofwhitc support
than
about right-wing actions. Ultimately black and white reactionary violence
strengthens the hand of the government If we an Tokhg
for people with the
resources, the weapons, the expertise and training, the professionalism and
experience, the ability to kill and
destabilise, then we must surely look at the
history of the special forces of the S.A.D.F. They have always trained and used
surrogate
forces: Koevoet, UNITA and RENAMO. Strategies have to be developed to
stem the right-wing tide. Public pressure, campaigns and
legal action sue YeWs
of stepping the iigh-edng from intimidating people and disrupting the peace
process in our country. CONCLUSION In short, there is no Black-on-Black violence in South Africa, but
Apartheid violence which has, for years, been funded, planned and
orchestrated
by enemies of peace, freedom and democracy to underline the negotiation Inueese
Apartheid is shH alive and this current violence is a strong witness to
that. It is aimed, first, at weakening the liberation forces and their allies
at the negotiating table as the regime talks peace on the one hand, but directly
and indirectly implicated in the criminal and political
Apartheidviolence.
SecondlyitisaimedatinstillingaculmmoffearintoSouthAfricanCommudties, especially
Black people, so that they don't
vote for their chosen political parties during
the first nonra‑cial,nationalelections.
Thirdlyitistoereateaninipressioniiitheeyesoftheinternationalcommudty
that Blacks
are not yet ready ID either govern or become part of the government of a future
South Africa. Lastly, the present Apartheid
crime and violence are aimed at
destroying and destabdising peacn freedom and democracy for ever and ever, and retain white
control over the majority of the people of South Africa. It is because of political oppression and economic exploitation which have
led to the current crisis situation in South Africa. Remember
that Apartheid
was declared long ago by the intemafional corn‑munity as a crime against
huin@ty. Apartheid is, in fact, another
form of violence. Unless, the present
minority government resigns, there will be no peace, freedom and democracy in
South Africa.
It is not mass action which has destroyed the South African
economy, but the mismanagement of the economy and all the country's
wealth by a
few at the expense of all South Africans. Part of the solution would obviously be the installation of the Transitional
Exeeufive Council (TEC) with all its sub-councils such
as joint control over
all security forces, finance and other nonracial national departments in
a united Soutb Africa, etc. But, we also need the input of all the organs of civil society in the form of CIVIL SOCIETY FORUM of South Africa. Such organs of civil society include the civic and labour movements, reli‑gions, sport, cultural, youth, women, non-state business organisations, traditional leaders, taxi associationslforum, education forum, service organisations forum, ore, The international community could also be involved as neutral convenors in all structures of tw multi-party constitutional forum so that agreements reached at this forum have an international force andeffeet. ButwencedalsotothinkseriouslyaboutthedeploymentoftheUNPeaceKcepingForee prior, during and after the first nonracial national elections to avoid what happened in Angola, Crime and violence in South Africa mainly occurs in local communities where people are, perpe‑trated by opponents of peace, freedom and democracy. It may help to involve the local communities in urban and rural areas in preventing and, if possibl@ eliminating crime and violence for ever and ever. Iltunari av"areness programmes in chimstm:W schools, ordal, institutions and all social institutions are necessary, if not imperative, But, to involve millions of South Africans in such programmes automatically means the active involvement of civic associations which have committees and departments at yard, street, area, branch, local, sub-regional/zonal, regional and national levels. SANCO, as a unitary, democratic, nonsexist, nonracial and nonpartisan grassroots organ of civil society is in a much stronger position to co-ordinate anti-crime committees of youths between 14 and 34 years at all levels ofthe civic movement mentioned above with full-time co-ordinators and assistant co-ordinators. The state, private sector, Peace Accord, Donors and the international
community should consider funding a massive project known as
CRIME AND VIOLENCE
PREVENTION PROJECT. Workshops for locals, regions and national levels 25100000 Publications on Marshalling in the communities, cxowdl mass meeting and mass
rallies 6510000 Note Well: Initially the projectmay do away with local co-ordinators and
assistant local co‑ordinators, thus: 2180100000 2100100000 TOTAL 5180100000 5515140100 5180100000 TOTAL 215140100 Number of people that could be employed: - 2 at national level - 32 at regional level - 4000 at local level i.e. (4034 youths in total). Advantages - the rate of unemployment which also contributed to crime could be reduced - anti-crime committees could also serve as a training ground for prospective community police - education against crime and violence at all levels lliadvamuges - these who are not employed nAThme may cmante problems
foremployed anti-crime co-ordinators and their assistants. Proposals for funding - A crime and violence project could be appropriate under the civic movement - It could be funded by the National Peace Accord for local, sub-regional, regional and national levels. The European Community, big business, donors and the state could also be asked to assist - The Community-Police Forum could be expected to fund Branch, Area, Street and Yard levels of operation of the Anti Crime Committee - Other possible donors could incl ude municipalities and chambers of business. Note Well: CICI is a private civic consultancy established by the former National General Secretary of SANCO (Ntsokolo Dan Sandi) for information and networks internationally on all organs of civil society with the aim of initiating discussions on the formation of a CIVIL SOCIETY FORUM with a CIVIL SOCI- E@'Y INSTITUTE in each country, subcontinent continent and worldwide. The other objective of CICI is to promote discussions and debates in each country about the establishment of a POLITICAL AND SOCIO-ECONOMIC COUNCIL assisted by: - a Multi Party Forum with a Multi Party Democracy Institute - a National Economic Forum with an Economic Development Institute - a Civil Society Forum with a Civil Society Institute - an NGO Forum with an NGO Institute The main aim of a Political and SOCIOECONOMIC Council could include meetings of the fourforurns mentioned above with the following items on the agenda
The short-term objective of CICI is to give advice to members of the public on educatior4 development local government violence and crime prevention and general human rights and information, CICI works in association with a registered NGO (in terms of Section 21 of
the Companies Act) which is based in Johannesburg known
as HUMANICS EDUCATIONAL
TRUST OF AFRICA (HETOA), which can administer a CIVIC AND VIOLENCE PREVENTION
PROJECTS on behalf of the civic
movement/commuddes,ifgivenachance.
ThefohomdngsectonwillgiveyouaclearpicturcofHetoa and CICI, although the emphasis
is on Job Training
and Job Creatior4 copies of which were submitted to the
National Economic ForwTI S.A. Breweries, National Sorghum Breweries, A4obHe
'Rtephone ltenvQd4 Independent Elvdopnwnt Trust and all embassies for
assistance. Unfortunately, there was little success. emed by a volunteer Boanl of liadonal ConununAy corporate and non-profit orgwmeatons leaden and incorporating CIVIC INFORMATION CONSULTANTS INTERNATIONAL (CICI). HETONs mission statement is to concern itself with education and training in its widest sense, with participation and financial aid in the form of youth branch structures, community involved upliftment projects, bursaries, scholarships with an emphasis on providing funds for the first year of study at a University or Technicon, since this is the area where most problems are being experiencedpresently.TheestablishmentofEducationalCentres. Establishingandsupplyingthecommunitieswithaccurate, responsible, information about sources of support for education and human nnouwe development to increase opportunities for all South Africans to enable us to prepare the youth for leadership in a post‑apartheidsociety. Toencouragethecommurdtytoworktogetherbyhelpingneedypeople,co-ordinate and develop self-help projects and assist community organisations with feasibility studies and also the packaging for funding. CICI's mission statement is to promote debates and discussions on political, economic and social issues and an establishment of structural relationships between politicians, economists and civil society, and the isle of service and resource organisations from local to international level for everlasting peace and human rights on the planet earth. CICI is not an organisation and does not represent the community, but a private consultancy service on information and networks iraern2dionally on the following organs of civil society and share whatever information on request with any organs of civil society: Civic Movement Labour Movement Youth Coalition WomeiiCoadhon 1Jorestate naedia forum Non-stale business forum Arts and cultural forum Sport and recreational forum Religious organisations forum Service and resource organisations fonon Parents-teacher,s-students associations (education) HETOA's/CICI Scope of Involvement Training Centres Sub-regional training centres already exist in 12 centres and approved by the Training Board for local goventnent bodies and so thr about 200 courses have been offered underdw control of the Department of 14anpowen proposals: HETCYAJCICI ivode in collaboration with the above centres by recruiting those who wish to receive training, We cannot place sufficient emphasis on proper Career Guidance so that all students are eventually taken up productively in the work place, and not after having been trained as considerable costs discover they don't find anyjob satisfaction at what they are doing, presently students are enroll‑ing for courses vathouireally being informed properly. That HETOA/CICI be represented in each of the training courses ThatHETO ICI establish more training centres in the honalands and rural areas including the Albany sub-region@ That Technicon OFS be involved in each centre@ ESTABLISHING A BURO FOR POST-PRIMARY EDUCATION HETOA/CICI is working together with the Technicon OFS offering I month
traiiang courses at the lbcbicbnor anyapproved training centreswith
adequate
htng4naccommodationconducive to le...... after which diplomas will be issued.
We have found dust without the proper studying
condi-which serve
PROPOSED STUDY 14()I)Y! (see diagiuxn) This study model HETOA/CICI and the Technicon of the OFS are implementing and
can briefly be explained as follows: SELF-HELP AND CO-OPERATIVES bricklaying and building training in conjunction with Portland Cement Institute for the building of a Day School/Creche. The need has teen identified for I I 5 tiniues who with 2 teachers and a cooker (local terrri) are using he ImUch tee as a classroom for the for the Day Centre. HETOA/CICI is together with the local agricultural settlements of Maake 10
500 families and popwa- don of 55 71 5 and Sekororo with 6 423 finihes and I 0391 population trying
to establish a Training Centre and Day Centre in each
of the I 0
settlements. The self help and cooperative projects will train small groups of say 3-5
people for a district. Objectives: To provide job skills training for youth drop-outs, the unemployed and under
employed in the commu‑nity. To reduce the problems of crime, violence and poverty bywlf-help
and,job creation programmes. To reduce unemployment and provide
self-reliance. CONCEPT FOR TIIE UPGRADING OF EYJSTING CORRUGATED~IRON SQUATTER
HOMES. Motivation: To change existing conughe&don squatter type houses into permanent structures within an econonii‑cal price, with as little as inconvenience as possible to the present inhabitants of the unit. That urbanization can take place on an ordered and permanent basis. Planning
of squatter settlements must make provision for future
services. Moral standards of living can be uplifted and an improved quality of life can
be expected by the inhab‑itants. The settlements that will develop will lead to a more stable society. Each end-user would have inade his or her contribution to the planning of the
individual unit and their needs in square tnetres, and no specific design or size can be imposed on the
inhabitants as the existing walls and their positions
is what is going to be
upgraded. The safety and security of a permanent structure is going 1) result in a
higher level of peace of mind, Envisaged Procedure: The upgrading can be achieved by setting up certain requirements: That each house has at least 2 doors, (the reason being that purpose made
doorframes have been designed to act as lateral structural
elements). Ceiling
heights of at least 2 250, required as the mini‑mwn for proper living
conditions, with sufficient windows
providing both light and ventilation as
re‑quired by local authorities. These minimum standards would have to be
explained
by agents in the suburbs and when inhabitants qualify for the
upgrading of their unit, they must see to it that the neces‑sary
changes
are made. The existing structure will serve as permanent formwork witch is then
covered from the outside with an insulation
material (1 2 rum polystyrene was
used in the complete unit) over which is fixed a light mesh, which is
then finished with a special mix cenient/conerete, in a variety of finishes.
The upgraded house will thus take on the same form as the squatter house bad.
Temporary accommodation can be provided for by erecting
army surplus tents on
site, with proper arrangements made for the protection of personal belongings
during the upgrading process.
Future developments might result in the squatter
unit not having to be evacuated completely during upgrading. Squatters we are
sure will tend to spend more time in erecting their units if they realise there
is a potential to upgrade, and create a permanent
structure. Electricity can he provided by solar energy if the sites still need to be serviced at a cost of R2000-00 per unit, for 8 low voltage lightpoints and 2 15Amp plugs. Immediate Advantages: The owner of a squatter unit will have a residence with insulation and
structural qualities equal to any blok or bricIGkin conventional
building with a
low fire risk. |