Chapter 1 - South African Human Rights Commission

overriding political agendas 91 or the involvement of some
members in corrupt transactions. 92
• A sense that the community must rely on its own devices
to care for and protect itself.
The same findings emerged from a review of interview
transcriptions from violence-affected communities,
conducted by FMSP during 2008. In these communities, the
overwhelming impression is that community involvement
remains at the self-help, community-control level rather than
through partnership or meaningful consultation. 93 These
issues ultimately have an effect on justice and the rule of law,
as community members often believed either that reporting to
the police would have no effect, or that reporting incidents to
the police could result in retribution from the perpetrator if bail
was granted or charges dropped.
The cumulative effect of distrust culminates in withdrawal from
the official justice system: focus group participants in all areas
visited by the SAHRC expressed disdain for or disillusionment
in the justice system, which is seen to be entirely ineffective in
removing criminals from the communities in question. Police
officers are in turn frustrated by complainants’ and witnesses’
disinterest in following the judicial process to resolution
– a tendency that stems to some degree from that very
disillusionment, and creates a vicious cycle for both policing
and judicial outcomes.
Lawyers for Human Rights drew the SAHRC’s attention to
continued “harassment targeted by SAPS and Metro police
at foreign nationals,” 94 and focus groups suggest this has
to at least some extent been the case in Ramaphosa and
Masiphumelele. It should be remembered that any such
harassment will further undermine relationships between nonnational
residents and local police, encourage withdrawal from
the judicial process, and thus encourage impunity. In addition,
it might in the long term create vengeful feelings toward police
on the part of non-nationals, generating new security risks.
91 For instance, in Cato Manor, the local councillor’s apparent refusal to
consider community-based care workers’ call for an abandoned clinic in
the area to be made available for various community services, his failure
to report back to the community, and his apparent political agenda in
attempting to disband the CPF.
92 For instance, in Ramaphosa, the issuing of fraudulent title deeds resulting
in apparent dual ownership of stands; the disappearance of governmentprovided
building materials prior to receipt by the intended beneficiary;
and in Masiphumelele the alleged tipping off of drug dealers prior to
police raids.
93 Refer to the model provided in Cloete & Kotze, 2009, p.51.
94 Lawyers for Human Rights Refugee and Migrant Rights Programme.
(2009). Lawyers for Human Rights Submission to the South Africa
Human Rights Commission Investigation into Xenophobia Following the
Continuing Attacks on Foreign Nationals, November 2009, p. 2 and pp. 12-
13 respectively.
Steps already taken to address the issue
The DSD has developed a concept paper exploring the impact
of xenophobia on its mandate, 95 which acknowledges the
important contribution community trust in government
makes to building up social cohesion. However, it remains
to be seen how issues of trust will be addressed through the
social cohesion component that applies to local integrated
development plans (LIDPs) by way of the DSD Concept Paper
adopted in August 2009 for future LIDP development.
Recommendations
The SAHRC recommends that:
• Councillors responsible for Ramaphosa and Cato Manor
immediately take action to engage meaningfully with
residents, ward committee members and communitybased
organisations in these areas.
• Provincial DCoGTA report problematic councillors to their
respective political parties and monitor the response of
political parties in such cases. If no action is taken and
the matter is clearly rights related, a complaint should be
lodged with the SAHRC.
• The relevant political parties take appropriate action with
respect to unsatisfactory councillors, and especially those
that interfere with elected representatives of community
policing structures in the manner described above.
• Provincial Departments of Community Safety take
action to incorporate non-national community members
into community structures and fora.
• DSD’s policymakers recognise the potential role of
local institutions, including participatory bodies such
as CPFs, 96 in mitigating or inciting violence, and make
provision in their recommendations on social cohesion
for improved oversight of such bodies, especially in
communities at risk.
• The DSD ensure that social cohesion policy recognises
nuances in the concept of “community” in view of the
established fact that so-called “community leaders”
of areas affected by the 2008 violence often pursued
anti-democratic and personal financial agendas to the
detriment of migrant rights and community safety more
generally. 97
• The DSD place more emphasis on the importance of
meaningful disciplinary or judicial outcomes where
community leaders obstruct social cohesion through
95 DSD. (Undated). DRAFT Concept Paper for Exploring the Impact of
Xenophobia on the Mandate of the Department of Social Development.
96 Misago et al, 2009; Transcriptions of interviews conducted during 2008
by the Forced Migration Studies Programme in Alexandra, Itireleng,
Ramaphosa and Madelakufa. Submitted at the request of the SAHRC
investigation team.
97 Misago et al 2009; Gauteng Department of Local Government, undated, p.
13.
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REPORT ON THE SAHRC INVESTIGATION INTO ISSUES OF RULE OF LAW, JUSTICE AND IMPUNITY ARISING OUT OF
THE 2008 PUBLIC VIOLENCE AGAINST NON-NATIONALS