I would like to differ with the views expressed by Cde Gugu on this
matter, both at the level of substantive issues raised, but also at the
manner in which she has decided to express her views (anger) on the
"shoot-to-kill" sentiments of the government security cluster officials,
and President Zuma. 

 

Uncomradely disagreement

 

I am not sure whether the views expressed by Cde Gugu in this piece are
hers or those of the YCL-SA, as signed at the bottom. I am saying this
because I find her manner of expression very strange to the culture of
engagement within our revolutionary movement. 

 

Firstly, I find her opening statement inherently questioning our
government's commitment to the course of NDR, which is that of
"liberating black people in general, and Africans in particular", inter
alia. Cde Gugu says, in her own words, "When South Africans voted in
1994, they had hoped that our government will, by default, be more
sympathetic to the course of emancipation of black people....". The
insinuation that our people only continue to vote for the ANC because
there are no viable options is misleading and therefore cannot be left
unchallenged. Quoting from Cde Gugu's article in verbatim "until today,
the masses still loyally vote for the liberation movement as options are
non-existent in real terms in South Africa". The article goes further to
say "the very same government now unilaterally decides to turn a blind
eye on the conditions that ail the poor.....". Now, I find these kinds
of utterance indeed very strange to be associated with a comrade of her
stature, especially the Spokesperson of the YCL-SA.

 

If I personally did not know Cde Gugu as the Spokesperson of YCL-SA, I
would have thought that the article was authored by an angry member of
Africanist organization, BCM or even the anarchic ultra-leftists who
continue to mobilize our people in the township against our very own
government.

 

I do not find anything wrong with comrades being critical about some of
the statements uttered by our comrades in government, and in fact I
think that becomes our revolutionary duty at all times, but the manner
of engagement and the tone of our expressions should be constructive and
in line with our the culture of our Congress Movement. 

 

Substantive argument against the amendment of Section 49

 

I would want to move from the premise that crime rate in our country has
reached unacceptable levels, that our people are increasingly feeling
insecure, and that this has become a common campaigning tool for all the
opposition parties in our country. Opposition parties are
opportunistically opposed to this call because they would not want to
see crime reduced drastically in our country, as that will disarm them
during the election period and increase the electorate confidence in the
ANC.

 

There are many contributory factors towards this unacceptably high crime
rate in our country, which will include, amongst other things:
unemployment, poverty, corruption within crime prevention state
apparatus, loopholes within our justice system towards criminals,
liberal approach of western-oriented human rights, etc. 

 

The recent statistics on crime rate in our country suggest that our
government should declare a state of emergency on criminal activities.
Something must be urgently done to address this disturbing state of
affairs. We therefore cannot begin to suggest that there is
one-size-fits-all approach to fighting crime in our country. Our
government must therefore adopt a multi-pronged approach to addressing
this situation. Amongst mechanisms to be adopted will therefore include
tightening our criminal justice system to ensure that convicted
criminals don't get away with light sentences; that we address we
continue with our fight against poverty and unemployment; that we fight
fire-with-fire against criminals, etc.

 

We cannot ridicule the call made by President Zuma and other security
cluster government officials when they suggest that our crime prevention
officials must utilize maximum power to protect their lives and those of
ordinary citizens when confronted with compelling situations. It is
therefore wrong to simply reduce this argument to police harassment of
hawkers, the shooting of an innocent unarmed kid by private security
guards, harassment of prostitutes, etc. I don't think either President
Zuma or any of other government official has made such a ridiculous call
for police officers just to shoot randomly. The call is fundamentally
against violent crime, and those incidents cannot be classified as such.
And I think Cde Gugu concurs with this call when she concludes by saying
"A well-trained officer of the law will know exactly when to shoot", but
you need the law to protect such well-trained officers in such cases.

 

And perhaps Cde Gugu should in future not sign her personal views on her
official capacity, because this might associate them with those of the
YCL-SA.

 

Steve Mamphekgo

On individual capacity

 

 

 

________________________________

From: [email protected]
[mailto:[email protected]] On Behalf Of Tuis Dumisani
Sent: Wednesday, September 30, 2009 9:10 AM
To: [email protected]
Subject: [YCLSA Discussion] Re: Shoot to kill-death sentence without
trial

 

Amandla, I'm in support of the process, let's engage our Comrades in
government but also engage in other forms of showing that we are not in
support of the amendment of section 49 that will promote police
brutality.

 

Dumisani Tuis- Court Manager

Department of Justice & Constitutional Development- Victoria West Office

Tel: +2753-6210007

Fax: 0865070204

Cell: +27736430439

 

"The possibility that we may fail in the struggle ought not to deter us
from the support of a cause we believe to be just"- Abraham Lincoln 

________________________________

From: [email protected]
[mailto:[email protected]] On Behalf Of Gugu Ndima
Sent: Wednesday, September 30, 2009 8:57 AM
To: [email protected]
Subject: [YCLSA Discussion] Shoot to kill-death sentence without trial

 

Shoot to kill-death sentence without trial

Having grown up in a township where young boys and girls yearned for
role models to give them direction; a place where inadequacies of
education illustrated themselves in our communities more especially in
January where matriculants now wonder what's next for them, has made me
understand the causations of crime within our society. A place where
hope of alleviating poverty, is still a myth. Unfortunately choices and
options that avail themselves to people that are subjected to such
social ills have horrendous pathways that tend to end one's life or lead
them to the cold corridors of South African prisons. For most women the
alternatives are inclusive of options such as prostitution, shop-lifting
and gambling in township games known as "U-Mchina" or cards.  Some have
found minimal salvation in grant money and subject themselves to retail
exploitation in stores such as Shoprite which have found a magnificent
and loyal market in our townships despite their disgusting service to
our people.  

These are some of the social ills that still characterise urban poverty;
poverty that is mostly over looked, due to the illusion that poverty is
minimal in areas of urbanisation. Unfortunately such areas are those
that are more susceptible to it (poverty) and it's increasing as a
result of the perpetual divisions between the rich and the poor. These
divisions have become more ailing due to the fact that they are now
class divisions between the black elite and the poor black majority. 

When South Africans went to the polling stations for the first
democratic elections in 1994, they voted with the hope that the
transformation of government would yield economic and political relief
and moreover bring the promise land to the masses in the form of a
better life. Most saw this as a new beginning for them and the newly
elected government would by default be a government that would be more
sympathetic and understanding towards the conditions that still
terrorise the black majority of this country; until today, the masses
still loyally vote for the liberation movement as options are
non-existent in real terms in South Africa. It becomes a sad case when
the very same government now unilaterally decides to set a blind eye on
the conditions that ail the poor and opt to use military methods to deal
with problems in our society.

When I first heard the utterance "shoot to kill" by Commissioner Bheki
Cele, I could not help but question the logic or obscure ideological
connotation from which this mentality stems from. This route or manner
of approach for addressing crime manifests lawlessness and violence
amongst the people. It potentially has the element of destruction in
society as this will encourage retaliation or retribution from those
that will fight against the abuse of this "shoot to kill" tactic by the
police force. In the place of respect, fear will emerge from the members
of our society. It's blatantly clear that such statements are pre-mature
and cannot be condoned. The justification that was mumbled by the Police
ministry brigade for this "shoot to kill" tactic was that it's the best
form of method to deal with thugs that choose to execute cops in a
gun-battle. Now unfortunately you cannot implement such a law in South
Africa due the short-comings of the whole SAPS. For one corruption in
the SAPS is horrifically the major characteristics of the force, most
people that join the force tend to buy their way in through bribery.
Secondly skills are serious concern within the SAPS and sometimes it's
embarrassing that you find police officers that cannot even properly
draft an affidavit let alone an official statement. Thirdly we have
officers that tend to think by virtue of their uniform they are above
the law. 

The abuse hawkers, commuters in roadblocks, they take bribes as opposed
to dealing with cases. They abuse civilians in holding cells, the SAPS
has been implicated in numerous cases where prostitutes were held in
holding cells and raped by men in blue; deaths under police custody have
increased.  Lest we forget that organised crime cases tend to have the
men in blue implicated highly. Now we ask where does the shoot to kill
fit in from the above, well for any police officer that could
potentially be implicated in the above can easily utilise the "shoot to
kill" tact to get rid of evidence. The Independent Complaints
Directorate has recently complaint that it has limited powers to deal
with complaints bought against police officers in our country. We can't
have a police force that will be a law unto themselves. Yes there is a
serious crime issue but unfortunately we cannot look at crime
unilaterally without simultaneously addressing the causations. The SAPS
has no clear transformation policy in place and racism is still an
issue. We have a serious influx of foreigners for example, but that is
no lee-way for police officers to abuse them as they please and this is
exactly what is happening around the country; at the rate the Police
ministry is going with the whole shoot to kill debacle, you would swear
that there is a new award for the number of body bags that police
officers bring in.

The amendment of section 49 will not resolve anything instead it will
create animosity between civilians and police officers. Let's first
achieve an environment that will curb young people from resorting to
violent crimes. Some of the men that have resorted to such criminal
activities, are men that strongly defended the revolution during trying
times in the early nineties unfortunately the government has never had a
plan in place to absorb them. They sacrificed their education in order
to see political emancipation and now they have become statistics within
our prisons or are buried by the bullet of the SAPS.  This whole debacle
reminds me of a sad story in the township where a Fidelity guard was
parked outside a petrol station, due to the inadequate recreational
activities that are minimal in the township, young children play in the
street. A young girl mistakenly rolled her tennis ball under the van as
she ran to go get it quickly, she was greeted with a rain of bullets and
until today the family never got compensation for that. Now this is just
Fidelity, a private security company, what more if law enforcers have
been given a blank cheque to murder people equally just like criminals.
A well-trained officer of the law will know exactly when to shoot and
does not need the law to be amended for that. We have worked hard to
eradicate injustice in our country and the process of transforming the
law is far from over. Introducing a new form of death sentence will just
take us back to the dark years of apartheid, the difference will now be
that this will be sanctioned by our very own people.

Phansi with the amendment of Section 49 phansi!!       

I remain Gugu Ndima 

National spokesperson (YCLSA)

076 783 1516











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