Police portfolio committee asks for urgent bail policy reform for gang crimes

Following its hearing of a community petition against ongoing violent gang-related crimes in Nelson Mandela Bay’s Northern Areas, presented to the Portfolio Committee on Police, by the Democratic Alliance’s Yusuf Cassim, the committee has called for an urgent review of the country’s bail policy by the end of July.

In their report following the meeting, committee members remarked that bail is granted with too much ease in South Africa courts.

The South African Law Reform Commission is currently revising South Africa’s bail legislation. 

In its discussion paper published in February, the commission proposed that victims be actively informed of bail proceedings and their outcome, and also that their views on their own safety must be both solicited and considered by the court. 

The report added that a mechanism must be established to allow victims to raise concerns when they feel unsafe – for instance, when suspects are released on bail. 

The commission wants reforms that would make it harder for suspected gang members to get bail. 

In February the Minister of Police, Senzo Mchunu, also said that he had opened talks with the Civilian Secretariat for Police Service, his special adviser and the Department of Justice to start work on legislation that would make forming a gang and belonging to one illegal in South Africa. 

Read more: Police minister announces talks for law reform to ban gang membership, after murder of young policeman

“Concerns were also raised about the capacity of SAPS to conduct thorough investigations and secure convictions. Members questioned the low arrest and conviction rates, attributing these to excessive case docket loads, poor investigative follow-through  and insufficient prioritisation of drug-related forensic work,” the committee said this week 

“It was further noted that while the criminal justice system grants broad protections to suspects, bail was often granted too easily, creating a sense of injustice among victims and communities. Committee members voiced frustration that perpetrators appeared to enjoy more protections than those affected by their crimes.”

Read more: NMB murder hotspots — Five areas among the worst in SA

“Throughout the engagement, members reiterated that the problems plaguing Nelson Mandela Bay were systemic and echoed across the country. Repeated acts of violence, a culture of fear in communities and an apparent lack of accountability had become entrenched.”

The committee stressed that Parliament must stop its “surface-level” discussions on the police and address the root causes of dysfunction in the service.

“The committee emphasised that proper resourcing, strategic clarity, and a renewed commitment to ethical policing were essential to restore public confidence and ensure that communities are protected from the violence and intimidation associated with organised crime,” the committee said. DM