Police Reform: Interim Constitution Accord

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Police Reform: Interim Constitution Accord

Implementations

Police Reform – 1993

The 1993 Accord calls for police reforms that included the formation of a Police Board, changes in the leadership and composition of the forces, subject to negotiations, and legislative and legal reforms. At the time of negotiations, there were eleven police forces in South Africa, the largest was the South African Police (SAP) at 112,000 members. In total there were over 140,000 police personnel in South Africa.1

During negotiations, a Police Board was established in an agreement which would be later reaffirmed by the 1993 Accord. The Police Board was formed on September 14, 1991, and was to monitor and advise the police force during the political transition. The 1993 interim constitution included more detailed provisions that were to substantially reform the police force.

  1. Janine Rauch, “Police Reform and South Africa’s Transition,” (conference paper presented at the South African Institute for International Affairs, 2000), 1.

Police Reform – 1994

A major step towards reform and the de-politicization of the police force took place in 1994 when “a group of the most senior officers in the South African police were last night sent on indefinite leave after having been accused of acting to sabotage the country’s progress to democracy. They are accused of supervising a unit which distributed arms to the Inkatha Freedom Party.”1 After the 1994 election, the new government changed the name of the national police force to the South African Police Service, and appointed new police leadership, which included a National Commissioner appointed directly by the President.

  1. “South Africa suspends top police chiefs,” The Times, March 19, 1994.

Police Reform – 1995

Approximately 1,535 former MK and APLA combatants joined the South African Police Service.1

The South African Police Service Act was passed on October 4, 1995. This act restructured the Police Service into National Divisions with provincial demarcations to match the new provincial boundaries. It also created a National Commissioner of Police to enhance transparency in police policy and performance. It created statutory “Community-Police Forums” where local police station commissioners would be accountable to the local community. It also created a statutory “Independent Complaints Directorate” which would receive and investigate public complaints of police misconduct. The Directorate would be independent of the police and would report directly to the Minister of Safety and Security.2

  1. “SOUTH AFRICA; Nearly 10,500 MK and APLA troops appointed to SANDF,” BBC Summary of World Broadcasts, June 14, 1995.
  2. Janine Rauch, “Police Reform and South Africa’s Transition.”

Police Reform – 1996

It was reported in 1996 that following negotiations, the integration of former MK and APLA combatants into the SANDF was completed by the end of the year.1

  1. “SOUTH AFRICA; South Africa: finance minister delivers budget speech,” BBC Summary of World Broadcasts, March 18, 1996).

Police Reform – 1997

No developments observed this year.

Police Reform – 1998

While police reforms continued, they cannot be clearly linked to the accord.1 Violent crime and murder increased dramatically over the next decade. The murder rate was 59.0 per 100,000 of the population in 1998, one of the highest rates in the world.2

  1. Janine Rauch, “Police Reform and South Africa’s Transition.”
  2. “SOUTH AFRICA: REVIEW 2000,” Africa Review World of Information, August 30, 2000.

Police Reform – 1999

No further developments observed.

Police Reform – 2000

No further developments observed.

Police Reform – 2001

No further developments observed.

Police Reform – 2002

No further developments observed.