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

Warrant Officer Brett Andrews and his son Callan on his first day of work as a policeman. (Photo: Supplied)

12 Jan 2025

The Minister of Police, Senzo Mchunu, also announced on Saturday, 11 January 2025, that a national summit will be held in February to discuss the working conditions of police officers. Mchunu was speaking at the funeral of constable Callan Andrews who was shot in the head while pushing a police van in one of Gqeberha’s most dangerous neighbourhoods.

The Minister of Police, Senzo Mchunu, has announced that he has opened talks with the Civilian Secretariat for Police Service, his special adviser and the Department of Justice to start work on legislation that will make forming a gang and belonging to one illegal in South Africa.

Mchunu was speaking on Saturday, 11 January 2025, at the funeral of Constable Callan Andrews, who was robbed of his firearm and shot in the head in Kobus Road, Gelvandale, Gqeberha.

While the Prevention of Organised Crime Act (POCA) in theory outlaws gangs and gang membership to some extent, the law has been criticised for being ineffective when it comes to dealing with gang activity.

Stellenbosch University law professor Delano van der Linde pointed out in his doctorate that the law should be amended to make it easier for law enforcement to target gang leaders.

“Save for maybe the crime of gang recruitment, POCA doesn’t add much to the arsenal of common law crimes such as conspiracy, incitement, public violence and the common purpose doctrine that could address group-based criminality. The crimes under POCA are basically similar to the common law crimes,” Van der Linde wrote, according to the university.

“Another problem with POCA is that the punishments for gang members are also extremely weak – ranging from three to eight years (which can be increased by aggravating factors such as committing gang-related crimes close to schools) or the alternative of a fine.”

Read more: Why a law designed to fight gang violence in South Africa can’t do the job

Andrews (29), who was attached to the Gelvandale police station in Nelson Mandela Bay, had left a teaching career to become a police officer like his dad, Brett. He had a psychology degree and applied five times to get into the police service before being accepted.

A father’s pride

Warrant Officer Brett Andrews (left) and his son Callan on his first day of work as a policeman. (Photo: Supplied)

On 24 October 2024 Brett proudly posted pictures of himself and Callan on social media, writing: “1st day as a Police Officer… 2 generations of protecting and serving. May God hold his protecting hand over you. Serve with pride. Proud of you my son.”

On 31 December 2024 Callan and a colleague attended to a complaint in Voisen Road, Katanga. They were transporting the complainants to the police station to lay charges when their van broke down. While Andrews was pushing the van, suspects grabbed him, took his firearm and shot him in the head, according to Hawks spokesperson Ndiphiwe Mhlakuvana.

Video footage taken a few minutes before his death showed him pushing the police van in Voisin Road with the help of a few children. The footage has triggered outrage in the Nelson Mandela Bay community, as police vans’ being out of service is a sore point among frustrated communities. The shortage of working police vehicles was also mentioned several times during last year’s marathon summit for victims of crime called by Mchunu.

Last week Andrews’ family, supported by hundreds of community members, marched to the Gelvandale Police Station in his memory and to protest against the high levels of crime in the area. Peope wearing political regalia were not allowed to attend.

Read more: Police face heartbreaking loss with officers murdered in Gqeberha and Free State

“All gangs are groupings of criminals in South Africa including in Gqeberha, in Gelvandale, and gang membership should be declared as criminal in South Africa,” Mchunu said at Andrews’ funeral.

“It is for this reason, that I have had a discussion with the Civilian Secretariat and special adviser, to engage the Department of Justice to start processing a law that bans the establishment of gangs in the first place and membership thereof, so that in future, we don’t wait for a gang like the ‘Nice Time Bozas’ to commit crimes before we arrest them,” Mchunu said.

“For too long we have romanticised this phenomenon by talking about them left and right as if they were ordinary social clubs and not criminals. The new law I am talking about will be initiated and promulgated in honour of Honourable Constable Andrews,” he said.

On 4 January, the Hawks arrested two suspects, aged 17 and 18, for Andrews’ murder. They appeared in court on 6 January but the 18-year-old was released due to lack of evidence.

On 8 January another two men, both aged 27, appeared in court for Andrews’ murder and the theft of his firearm.

“The accused were arrested by the Gqeberha Serious Organised Crime Investigation of the Hawks, in a joint effort with Mount Road Tactical Response Team and Local Criminal Record Centre on 6 January 2025,” Mhlakuvana said.

He added that the intensive investigation by the joint team led to the recovery of Andrews’ state firearm.

The two adult accused will again appear in court on Wednesday, 15 January.

At the funeral, Mchunu expressed his anger at the crime.

“Our feelings are still rankled when the name of Constable Andrews is mentioned. It is as if the news of his murder [is] not true. We are indeed devastated and sad. At the same time, we are shocked and left in awe that those who could have murdered Callan, are his peers and neighbours. What exactly was their motive: was it the gun, jealousy or was it that they have murderous instincts?” he said.

He became a hero the moment he answered the call to serve and he died a hero, and he will forever be remembered for his bravery and dedication.

“Constable Andrews was the son of mom Jean Serfontein and dad Brett Andrews, just 30 years old and just started a career to protect our lives as a law enforcement officer. He was in Gelvandale when he met his fate at the hands of the so-called gang to respond to a call for police to intervene in a domestic conflict.

“Constable Andrews had been placed with the Gelvandale SAPS since October … He became a hero the moment he answered the call to serve and he died a hero, and he will forever be remembered for his bravery and dedication. From how he has been described, Constable Andrews was a well-mannered young man, with a bright future ahead of him. There is no doubt in our minds that he was working to bring a good life to the family,” Mchunu said.

He said he had asked for a briefing about the state of the vehicle Andrews was seen pushing minutes before his death.

“Yesterday when we arrived in Gqeberha, we received a briefing from the provincial commissioner and team as to what exactly transpired, leading up to the untimely death of Constable Andrews. Upon enquiring about the vehicle in question, specifics were given: the vehicle had never been involved in an accident; the vehicle was regularly serviced and repaired when necessary. During its last visit to the SAPS garage in November 2024, the vehicle was fitted with a brand-new battery and a new starter. On the fateful day, Constable Andrews and his partner had attended to 18 complaints and the vehicle had given no challenges. The vehicle has since been taken for inspection and investigation, and what is baffling is that on all occasions – different days since the tragedy, the vehicle has started without any challenges,” the minister said.

Mchunu said that the police will meet in Johannesburg on 5–7 February to look at the working conditions of SAPS members.

Proactive policing

“This will be followed by a summit at the end of March, to look at a range of issues aimed at professionalising the service. This will form part of what we seek to achieve, namely a shift from reactive policing to proactive policing to embark on an era for more effective and efficient policing,” he added.

“To Constable Andrews’ family: as a father myself, no parent should have to bury their child. Mama, we know that he was your only child. No words can truly ease your sorrow, but we stand with you in grief and gratitude. Your son’s sacrifice will never be forgotten. He was a son to this nation too, and we are forever indebted to him for his service and courage. It is for this reason that a SAPS Official Funeral Service was ordered in his honour,” Mchunu added.

The Minister of Sport, Arts and Culture, Gayton MacKenzie, attended Andrews’ church funeral, but said he was there “as a resident”. Speaking at the service, MacKenzie said the government must take responsibility for what happened. “Why was that car not serviced?” he asked. “We cannot just come here and say nice things that the family wants to hear.”

He said he had spoken to Mchunu and trusted that he had a good plan. MacKenzie said the minister was clear on the direction in which he wanted to take the police force.

Meanwhile, the Democratic Alliance’s Yusuf Cassim said he has written to Mchunu to ask what impact an agreement signed between the police ministry, the Nelson Mandela Bay Municipality and the Eastern Cape provincial government had on combating crime in the area.

“The police are understaffed and under-resourced, and they are losing the battle against crime in the Northern Areas and Nelson Mandela Bay. In September 2024, the Ministry of Police signed an official cooperation agreement with the Eastern Cape provincial government and the Nelson Mandela Bay Municipality. This agreement was presented as a means to enhance collaboration and coordination among all stakeholders to address safety and security concerns in the region.

“I have written to the Minister of Police, Senzo Mchunu, the Eastern Cape MEC for Community Safety, Xolile Nqatha, and NMB mayor, Babalwa Lobishe, to request feedback on whether this agreement has resulted in any meaningful impact on the high crime rate in Nelson Mandela Bay.

“Furthermore, I have requested of them to allocate a sizable reward for the successful identification and conviction of those responsible for this heinous crime,” Cassim said. DM

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A father’s pride

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