2021 Measures to Address Violence and Unrest in a Time of COVID-19

Authors

DOI:

https://doi.org/10.25159/2520-9515/11718

Keywords:

unrest, violence, crime statistics, violent protests, truth and reconciliation, security services, arms and ammunition

Abstract

This annual report addresses some statutory developments and case law concerning unrest, violence, crime statistics, violent protests, truth and reconciliation, security services, and arms and ammunition. There is a noted decrease in crime during the reporting period. This may be attributed to the COVID-19 lockdown restrictions on the movement of people. It is questionable whether the decline in crime statistics will continue. Violent protests ascribed to the incarceration of former President Zuma erupted during this period. The Civilian Secretariat for Police Service’s Integrated Crime and Violence Prevention Strategy was published for comment. Family members of victims of gross human rights violations during apartheid still await the institution of criminal proceedings against the perpetrators. As espoused in a court decision, prisoners may not exercise conjugal rights while in a correctional facility. Several court cases dealt with the actions and activities of the security forces and their overreach during the lockdown period. Courts made scathing remarks in this regard. They also pronounced on the extension of licences for firearms and ammunition and allowed licence owners to apply for renewal where licences expired due to lax administration. The Firearms Control Amendment Bill, 2021, which gives effect to prior court decisions is also discussed.

Author Biography

Willemien Du Plessis, North-West University

Faculty of Law

References

Africa, D. 2021. “State Security in the Presidency − the Risks and Opportunities.” Mail and Guardian, 4 September.

Africa, S., Sokupa, S. and Gumbi, M. 2021. “Report of the Expert Panel into the July 2021 Civil Unrest”, 29 November 2021. Accessed 30 May 2022. https://www.thepresidency.gov.za/content/report-expert-panel-july-2021-civil-unrest

Anon. 2021a. “General: How the State Has Failed Apartheid Victims.” Legalbrief, 12 March.

Anon. 2021b. “Criminal: Prisons’ Occupancy Level Reaches 116.7% – Lamola.” Legalbrief, 24 March.

Anon. 2021c. “Litigation: Firearms Judgment Creates Uncertainty – Lawyer.” Legalbrief, 5 May.

Anon. 2021d. “Legislation: Research ‘Backing’ Gun Law Bill Under Scrutiny.” Legalbrief, 1 July.

Anon. 2021e. “Legislation: Get Rid of Crime, not Guns − Pro-gun Lobby.” Legalbrief, 2 July.

Anon. 2021f. “Police Brutality ‘of Serious Concern’, says Bheki Cele.” TimesLive, 12 April. Accessed 25 May 2022. https://www.timeslive.co.za/news/south-africa/2021-04-12-police-brutality-of-serious-concern-says-bheki-cele/

Egwu, P. 2021. “Cash-in-Transit Heists Soar in Gauteng.” Daily Maverick, 4 March.

Forbes, D. 2021. “The Secret ‘Pact of Forgetting’ and the Suppression of Post-TRC Prosecutions.” Daily Maverick, 24 July.

Global Initiative Against Transnational Organized Crime (GIATOC). 2021. “Massive Ammunition Theft in Durban Raises Fears of Increased Volatility and Political Violence in KwaZulu-Natal.” Daily Maverick, 8 September.

Ho, I. 2021. “The Cradock Four: A Son’s Quest for Justice for Fort Calata and Fellow Activists.” Daily Maverick, 24 July.

Human, L. 2021. “IPID Finds “No Misconduct” in Using a Water Cannon on SASSA Beneficiaries.” GroundUp, 7 May.

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Maqhina, M. 2021. “SANDF Irregular Expenditure Balloons by R3 billion a Year, Admits Defence Minister Mapisa-Nqakula.” Independent Online, 18 May.

O’Regan, V. 2021. “Cele Admits Crime Increases Look ‘Dismal’ but says 2020’s ‘Crime Holiday’ Skewed the Stats.” Daily Maverick, 20 August.

Parliament. 2021. “Police Committee Welcomes Improvement in Crime Statistics.” Accessed July 1, 2022. https://www.parliament.gov.za/news/police-committee-welcomes-improvement-crime-statistics.

Right2Protest. 2021. “State of Protest Report 2021.” Accessed 30 June 2022. http://www.r2p.org.za/state-of-protest-report-2021/.

South African Police Services (SAPS). 2021. “SAPS Crime Stats.” Accessed 14 July 2022. https://www.saps.gov.za/services/crimestats.php

Cases

Fidelity Security Services (Pty) Ltd v Minister of Police and Others 2021 (3) ALL SA 67 (SCA), 2021 (2) SACR 1 (SCA) (22 April 2021).

Koetsioe v Minister of Defence and Military Veterans 2021 ZAGPPHC 203 (6 April 2021).

P v Minister of Justice and Correctional Services (66090/18) 2021 (77) ZAGPPHC (4 March 2021).

Raves v Director of Public Prosecutions, Western Cape 2021 (2) SACR 140 (WCC).

Residents of Industry House, 5 Davies Street, New Doornfontein, Johannesburg v Minister of Police 2022 (1) BCLR 46 (CC).

S v Josephs 2021 (1) SACR 450 (WCC). https://doi.org/10.1080/14432471.2021.1935691 DOI: https://doi.org/10.1080/14432471.2021.1935691

South African Hunters and Game Conservation Association v Minister of Safety and Security (33656/2009) 2009 (93) ZAGPPHC (26 June 2009).

South African Hunters and Game Conservation Association v Minister of Safety and Security of the Republic of South Africa 2017 (3) All SA 1059 (GP); 2017 (2) SACR 288 (GP).

Vuma v Executive Director: Independent Police Investigative Directorate 2021 (1) SACR 621 (GP).

Legislation

Constitution of the Republic of South Africa, 1996.

Correctional Services Amendment Act 7, 2021.

Criminal Procedure Act 51, 1977.

Defence Act 42, 2002.

Domestic Violence Act 116, 1998.

Firearms Control Act 60, 2000.

Firearms Control Amendment Bill, 2021.

Independent Police Investigative Directive Act 1, 2011.

Non-Proliferation of Weapons of Mass Destruction Act 87, 1998.

Gazette Notices

PG 214 (7 July 2021) Gen N 748 Sedibeng.

PG 8467 (23 July 2021) PN 77 Western Cape.

PG 8475 (6 August 2021) PN 82 Western Cape.

PG 32353 (9 April 2021) PN 38 Mpumalanga.

GG 44173 (5 February 2021) Gen N 50.

GG 44138 (10 February 2021) GN 78.

GG 44230 (5 March 2021) GN R177.

GG 44230 (5 March 2021) GN R178.

GG 44423 (8 April 2021) GN 318.

GG 44423 (8 April 2021) GN 319.

GG 44423 (8 April 2021) GN 320.

GG 44650 (1 June 2021).

GG 44679 (9 June 2020) GN 490.

GG 44867 (16 July 2021) GN 631. https://doi.org/10.2174/157489361605210720103649 DOI: https://doi.org/10.2174/157489361605210720103649

GG 44849 (14 July 2021) GN 613.

GG 44997 (13 August 2021).

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Published

2023-05-10

How to Cite

Du Plessis, Willemien, Juanita M Pienaar, René Koraan, and Myrone Stoffels. 2022. “2021 Measures to Address Violence and Unrest in a Time of COVID-19”. Journal of Law, Society and Development 9:20 pages. https://doi.org/10.25159/2520-9515/11718.

Issue

Section

Commentary