QBN online page2

COMMUNITY crime fighters say the rules of lockdown have left their communities open to attack from criminals as homes are a soft target due to limited patrols and action by neighbourhood watches amid the Covid-19 outbreak and resultant state of disaster in the country
Police minister, Bheki Cel,e recently explained in a televised media briefing about the lockdown rules why community patrollers and neighbourhood watch activities have been ruled out during lockdown.
Despite announcements on Thursday 16 April about some revision of lockdown rules including a “lightening” of some of the restrictions, the minister was adamant this would not include allowing community patrols to happen.
Cele said CPFs will not be allowed to leave their homes to conduct patrols, with or without police. He added that while he was prepared to “engage” with people arguing neighbourhood watches were an essential service, he described their arguments as having “shortcomings.”
One he highlighted specifically was to do with accountability. “The neighbourhood watch cannot join the police. The question of patrolling can only be done with the people who have a line of accountability,” he said. “When our soldiers and officers do things wrong, we know where to go. But what would you do if this happens within a neighbourhood watch?” he asked.
He added that while soldiers and police are thoroughly vetted, the same could not be said for neighbourhood patrollers. ” Our soldiers and officers are vetted thoroughly. Other groups can’t say the same. I don’t mind engaging with watches and CPFs, but we must acknowledge these shortcomings,” he said.

Neighbourhood watch and CPF weigh in
Meanwhile Corne Momberg, an active member of both the Mosley neighbourhood watch as well as a member of the Malvern CPF executive commitee, said he felt the minister had led communities down.
“Personally, I think the minister does not see the bigger picture here. We are acting within the boundaries of the law as all our patrollers are subjected to screening via fingerprints and a strict code of conduct set out by the community policing forum, a forum that is legal structure within the republic of South Africa. Furthermore, as a registered Neighbourhood Watch, we have our own rules and procedures that our members need to adhere to, rules that is again in line with the laws of the country.”
Momberg went on to say he felt the minister was singling out NHWs specifically and he warned against this.
“The minister must really think carefully before picking a fight with the one structure, the Neighbourhood Watch, that is seen as a critical support structure for its community in the fight against crime. Post lockdown, the question must be asked, if we are treated like this during lockdown, are we really seen as a support structure for the police?”
But, the head of Bellair CPF, Malcom Naidoo, was more accepting of the ruling.
“While we are unable to comment for all precincts, the Bellair CPF has noted a very significant decrease in the number of crimes reported in our precinct. We also acknowledge the heightened visible policing (including Stop and Search) by Bellair SAPS, ” he said.

“While we appreciate the partnership and the relationship with SAPS and the CPF, we adhere to the call by the President and Minister to allow SAPS to do their job. We do, however, continue to offer our support to the station in any way we can.”
Naidoo said he felt there needs to be more focus on the violence occurring behind closed doors during lockdown.
“Our current concerns, as the CPF in Bellair, are issues of: a) domestic violence which is not being reported, b) cases of people becoming depressed and suicidal due to the pressure of the lockdown, and c) members of the community not having food due to a lack of income. ”
“In light of the above, we as the CPF are trying our best to support the above victims in any way possible. Should a member of the community need to contact us, they may do so by email on bellaircpf@gmail.com or call 082 771 1623,” he said.
“We also want to remind the community of the social worker who is available at Bellair SAPS during office hours – please make use of her services,” said Naidoo.
“We find ourselves in an unprecedented time of crisis and encourage our community members to please be strong, pray and be a help to anybody in need until this is over – and it will end!”
The Queensburgh News also approached the station commanders of both Bellair and Malvern SAPS as well as the communications officer for the cluster commander based at Chatworth. Neither of the station commanders felt free to comment and the communications officer for eThekwini Inner South cluster, Cpt Cheryl Pillay, confirmed that she was not permitted to comment on anything to do with Covid-19 lockdown regulations.

Open letter to Police Minister
In an open letter to the police minister, Eddie Kennedy, a pensioner from Hillcrest who, before his retirement from the police held the rank of Brigadier and is now convener of the Hillcrest Crime Prevention Association, put forward the argument that there is scope within the law for CPFs and by extension, NHWs to function due to their statutory roles as part of the policing of an area.
“Neighbourhood Watches are through years of use still known by that name, however all Neighbourhood Watches who are registered with their local SAPS station are, in fact, sub-forums of the Station Community Police Forum. In terms of Act 68 of 1995 section 19 (1) a Provincial Commissioner is responsible for establishing CPFs at police stations and a CPF may, in turn, establish a sub-forum, Sec 19 (2) and thus begins the line of accountability,” he argued.
“The Station Commander (SC) is a de facto member of a CPF and members appointed by the SC are members of sub-forums so the link between SAPS and CPFs and sub-forums are in place and the line of accountability is established,” he said addressing Cele’s question of accountability of patrollers head on.
“Within the sub-forum and in terms of their constitution which is approved by the Station Commander, an executive committee is elected and this committee ensures that all members who join the sub-forum or Neighbourhood Watch are resident in their area of

responsibility, are citizens of good standing and are known to their neighbours. All patrollers are lectured on the Powers of a Private person and will only act in terms of the Criminal Procedure Act 51/1977 sec 47. Many of them are ex SAPS members or reservists who bring their experience to the duty performed,” he explained.
Kennedy also argued that the CPF chairpersons attend the cluster meetings and since the SAPS cluster commander is a member of the CPF Cluster Board there is a further tier of accountability between the local CPF and the Cluster which also expends to the provincial board.
“To understand the lines of accountability that are in place, I append the following for your information,” said Kennedy in his letter before listing the rules from the relevant acts as quoted below:
“The Provincial Commissioner will instruct Station Commanders to establish Community Police Forums and Boards in terms of SAPS Regulations for Community Police Forums and Boards Sec (2) and SAPS Act 68/1995 sec 18 to 23,”
“The Station Commissioner will establish a CPF for the stations area of responsibility. The Station Commissioner is a member of the CPF, ITO Act 68 of 1995 Sec 19 (3) and the executive committee of the CPF will report to the Station Commissioner and will liaise with the Cluster Board on a regular basis.”
“Sector Sub-Forums may be established by the CPF: SAPS Act 19 (2) or in terms of SAPS National Instruction 3 of 2013 Section 10. An executive committee will be elected for each sub-forum (Neighbourhood Watch) who will be responsible for their members and will liaise and inform SAPS and the CPF of what it is doing. Sub-Forums will ensure that their patrollers are properly briefed as to their duties and the powers they have in terms of the Criminal Procedure Act, to effect arrests and perform duty.”
He then points out that ultimately there is accountability citing the following legislation: “SAPS Act 68 of 1995 section 22 states: (2) The Minister shall, in consultation with the executive coordinating committee, make regulations to ensure the proper functioning of community police forums and sub forums and community police boards. This makes it possible for the Minister to ensure that neighborhood watches or sub forums may be subjected to rules and regulations while performing their duties.”
“As can be seen from the above there are existing lines of accountability as required by the Minister, which run from the Minister himself to the Provincial Commissioner, Cluster Commander, Station Commander, Sector Commander and to the Executive Committee of the Sub-Forum and their patrollers,” said Kennedy who ended his letter with a plea that the decision not to allow the activities of community policing actors be reconsidered.
“Classify us as an essential service and give us the opportunity to take back our streets as SAPS are currently not in a position to make their presence known in our neighbourhoods and the criminal element are fully aware of this,” he pleaded.