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"title": "Combating crime effectively and within the law – a response to Gauteng premier Panyaza Lesufi",
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"description": "Daily Maverick is an independent online news publication and weekly print newspaper in South Africa.\r\n\r\nIt is known for breaking some of the defining stories of South Africa in the past decade, including the Marikana Massacre, in which the South African Police Service killed 34 miners in August 2012.\r\n\r\nIt also investigated the Gupta Leaks, which won the 2019 Global Shining Light Award.\r\n\r\nThat investigation was credited with exposing the Indian-born Gupta family and former President Jacob Zuma for their role in the systemic political corruption referred to as state capture.\r\n\r\nIn 2018, co-founder and editor-in-chief Branislav ‘Branko’ Brkic was awarded the country’s prestigious Nat Nakasa Award, recognised for initiating the investigative collaboration after receiving the hard drive that included the email tranche.\r\n\r\nIn 2021, co-founder and CEO Styli Charalambous also received the award.\r\n\r\nDaily Maverick covers the latest political and news developments in South Africa with breaking news updates, analysis, opinions and more.",
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"contents": "<span style=\"font-weight: 400;\">In recent weeks </span><i><span style=\"font-weight: 400;\">Daily Maverick</span></i><span style=\"font-weight: 400;\"> published a series of articles raising questions about the appointment and training of Gauteng’s Crime Prevention Wardens, also known as the amaPanyaza. High levels of crime make it a highly emotive issue, and successful interventions to combat crime need cool heads and close public scrutiny.</span>\r\n\r\n<span style=\"font-weight: 400;\">However, last week in a right of reply requested by Gauteng premier Panyaza Lesufi, he attacks the bonafides of the articles’ authors, as well as of </span><i><span style=\"font-weight: 400;\">Daily Maverick</span></i><span style=\"font-weight: 400;\"> for publishing them, claiming that “</span><span style=\"font-weight: 400;\">a quick review of the wardens’ coverage reveals that most of the accusations and claims made against them are overstated, political, contrived and speculative”. Among other things the premier accused us of “a manipulative, non-factual crusade to undermine the CPWs. Every crusade needs a devil, and they seem to have found one in the CPWs.”</span>\r\n\r\n<b>Read more in Daily Maverick:</b><a href=\"https://www.dailymaverick.co.za/opinionista/2023-09-21-gauteng-crime-prevention-wardens-premier-slams-reporting/\"> <span style=\"font-weight: 400;\">Gauteng Crime Prevention Wardens: Premier slams reporting</span></a>\r\n\r\n<span style=\"font-weight: 400;\">Public discussion is good for accountability and the media must answer for its claims. Unfortunately though, although Lesufi’s response is full of sound, fury and insinuation, it doesn’t directly rebut any of the issues raised in the series of articles:</span>\r\n<ul>\r\n \t<li>The premier doesn’t refute or provide contrary evidence to the assertion that the GCPWs have been set up illegally because permission has not yet been granted by the minister of justice and correctional services, as is required in terms of s 334 of the Criminal Procedure Act;</li>\r\n \t<li>Instead the premier says: “<strong><em>When</em></strong> the training programme is complete, the Crime Prevention Wardens <strong><em>will be</em></strong> appointed in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and designated as Peace Officers in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1994)” – effectively admitting that while the GCPWs are already budgeted for and deployed to communities, they have not yet been officially appointed. Despite admitting this the premier says: “Scores of suspects have been arrested by the CPWs jointly with other law enforcement agencies.” With what legal powers, we ask again?;</li>\r\n \t<li>The premier says nothing about the allegation of violence against an innocent member of the public. He expresses no sympathy and makes no commitment to a speedy investigation. Instead, the premier refers to the severe injuries we have reported as “magnified mistakes” which he passes off with the comment: “Not to say that they are flawless, no one is – anything involving humans is imperfect”;</li>\r\n \t<li>The premier doesn’t address how policing experts have voiced concerns about three months of training being inadequate. Or how policing experts have voiced concerns that some of the roles of CPWs do not make sense;</li>\r\n \t<li>The premier doesn’t contradict our assertion that independent oversight is inadequate. Instead he says that “any abuse of authority is to be reported to the Public Service Commission by the public”. How and to who? He adds: “The Risk Management Directorate [in the Department of Community Safety], which oversees the investigation of allegations of fraud and corruption against the department’s law enforcement personnel, investigates complaints against the wardens internally.” The young man who was unlawfully beaten almost to death by GCPWs has been told none of this. After one visit by the department and Ipid he has heard nothing more;</li>\r\n \t<li>The premier doesn’t deny the email correspondence we published with the chief finance officer of the Department of Community Safety warning that “the department has exposed itself to serious risks” and recommending that “accredited instructors” be procured. Neither does he address the response of another senior official that the retired DCS officials he had enlisted to provide the training were “here with a very clear conscience of contributing to the ruling party targeting the 2024 elections, as all of them are active members of the ruling party”;</li>\r\n \t<li>The premier does not supply evidence of the certification of the training. Instead he repeats the vague statement that the training “has received approval from the relevant Education and Training Quality Assurance Body via the national Department of Transport”, without saying which SETA, or why the national Department of Transport would be responsible for accrediting a safety and security programme;</li>\r\n \t<li>The premier refers to the GCPWs forming part of Gauteng’s “comprehensive policing strategy against crime that was launched in the last State of the Province Address”, while not pointing out that the<a href=\"https://cmbinary.gauteng.gov.za/Media?path=safety/Documents/Annual%20Performance%20Plan/Department%20of%20Community%20Safety%20Strategic%20Plan%202015-%202020.pdf&Item=142&Type=Documents&Location=/safety\"> Gauteng Safety Strategy 2015-2020</a> is nearly four years past its sell-by date; and</li>\r\n \t<li>The premier refers to his pronouncements on targeting crime in his State of the Province Address in February 2023 (read it<a href=\"https://static.pmg.org.za/Gauteng_State_of_the_Province_Address_by_Premier_Panyaza_Lesufi_-_20_February_2023.pdf\"> here</a>). But this does not amount to either a strategy or a policy. Indeed, in his initial prolix response to our questions (which we published in full) Sizwe Pamla, the premier’s spokesperson, admitted as much, saying that the province is “looking to develop a <strong>Community Safety Bill and Community Safety Policy</strong> encompassing CPW, Traffic, PS, Patrollers, Brigades, GBVF etc”.</li>\r\n</ul>\r\n<span style=\"font-weight: 400;\">In August, provincial police commissioner Elias Mawela</span><a href=\"https://www.dailymaverick.co.za/article/2023-08-29-too-early-to-judge-impact-of-gautengs-crime-wardens-says-provincial-police-boss/\"> <span style=\"font-weight: 400;\">told the media</span></a><span style=\"font-weight: 400;\"> it was “too early to say if they are helping in crime prevention efforts”. However, little more than a month later, the premier pronounced: “Ever since the deployment of wardens, the feelings of safety in Gauteng have improved drastically. Their presence is felt in townships, informal settlements and hostels.”</span>\r\n\r\n<span style=\"font-weight: 400;\">It is sad and worrying when a politician with the express constitutional obligations of the premier (see section 127) resorts to such a level of misrepresentation and tries to retrofit the law to fit his actions. Not even the President has the power to create a “supplementary force to support the current law enforcement personnel” (Lesufi’s words) just by announcing it in Parliament. It suggests that he knows his administration has acted unlawfully. An investigation by the Public Protector or South African Human Rights Commission is warranted.</span>\r\n\r\n<span style=\"font-weight: 400;\">Meanwhile, the people of Gauteng remain as unsafe as ever against high levels of violent crime and the wardens themselves are placed in dangerous situations for which they are untrained, legally unprotected and underpaid. The wardens deserve better and so do we, the people. </span><b>DM</b>\r\n\r\n<b>Read more in Daily Maverick: </b>\r\n\r\n<a href=\"https://www.dailymaverick.co.za/article/2023-08-29-gauteng-crime-prevention-wardens-set-up-unlawfully-experts/\"><span style=\"font-weight: 400;\">Gauteng Crime Prevention Wardens set up unlawfully: experts</span></a>\r\n\r\n<a href=\"https://www.dailymaverick.co.za/article/2023-08-28-they-started-beating-me-kicking-me-lesufis-gauteng-crime-prevention-wardens-accused-of-brutal-assault/\"><span style=\"font-weight: 400;\">Lesufi’s Gauteng crime prevention wardens accused of brutal assault</span></a>\r\n\r\n<a href=\"https://www.dailymaverick.co.za/article/2023-09-11-new-cadre-of-crime-busters-gautengs-crime-prevention-wardens-are-doing-little-to-combat-crime-say-residents/\"><span style=\"font-weight: 400;\">New cadre of crime-busters? Gauteng's Crime Prevention Wardens are doing little to combat crime, say residents</span></a>\r\n\r\n<a href=\"https://www.dailymaverick.co.za/article/2023-09-13-whistle-blower-says-gauteng-crime-prevention-wardens-are-unprepared-and-unqualified/\"><span style=\"font-weight: 400;\">Whistle-blower says Gauteng crime prevention wardens are unprepared and unqualified</span></a><span style=\"font-weight: 400;\"> </span>\r\n\r\n<a href=\"https://www.dailymaverick.co.za/article/2023-09-12-crime-in-gauteng-whats-all-the-fuss-about-the-amapanyaza/\"><span style=\"font-weight: 400;\">Murder, mayhem and fighting crime in Gauteng – what's all the fuss about the amaPanyaza?</span></a>",
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"description": "Gauteng premier Panyaza Lesufi first announced the creation of a new cadre of crime busters, colloquially named the Amapanyaza, in his inaugural State of the Province address in February 2023, as part of his revamped anti-crime strategy. Since then he has moved fast.\r\n\r\nIt is less than a year since he took office in October 2022 and, according to Sizwe Pamla, the premier’s spokesperson, 6,000 people have already been recruited to the Amapanyaza, trained and deployed in 361 township, informal settlement and hostel areas. Pamla calls this a “force multiplier” and an attempt to bolster the 142 police stations and 38,290 law enforcement officers in the province.\r\n\r\nIn a detailed response to questions, Pamla told Daily Maverick that to fund this programme the Gauteng department of community safety (DCS), which oversees it, had its 2023/24 budget increased significantly to more than R2.7-billion, and the Crime Prevention Wardens (CPWs) themselves have been allocated nearly R1.5-billion.\r\n\r\n<a href=\"https://www.timeslive.co.za/news/south-africa/2023-03-09-gauteng-community-safety-gets-97-budget-increase-to-boost-crime-fighting-plan/\">According to reports at the time</a> this was a 97% increase in the DCS’s budget and contrasted with departments such as health and human settlements which had their budgets cut.\r\n\r\nOn the face of it such an ambitious programme, in a province wracked by crime, would seem welcome. People we interviewed in Soweto, for example, all expressed hope that the CPWs would protect them from petty crime, but said they had seen no difference yet.\r\n\r\nDr Johan Burger, an independent crime and policing consultant, told us he is “concerned about the legality of CPWs currently performing law enforcement functions. They may currently be enforcing laws or performing functions for which they are not legally authorised. Their three months’ training is also hugely inadequate for the wide range of legal powers and the complex range of laws which they are or will be expected to enforce.”",
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