Exploring the Impact of Arrests and Prosecution on the Perpetrators of Service Delivery Protests Crimes in South Africa

Abstract

This article explores the impact of arrest and prosecution on the perpetrators of service delivery protests crimes in South Africa. To date, most  service delivery protests turned out to be violent and destructive to properties as well as posing a threat to the livelihood of ordinary citizens. This is because most of these service delivery protests are spontaneous and put the security and economy of the country at risk. Citizens are not conscientious by government, civil society, community organisations and leaders regarding the role of the police during the protests which makes it difficult for the police to manage these protests. The researchers followed a descriptive research approach to gather data. Data was gathered from media reports, parliamentary reports, articles, journals and statistics reported by the South African Police Service and National Prosecuting Authority (NPA). Data was purposively identified from primary sources to achieve the study purpose. The study found that criminal activities derived from service delivery protests and the challenges faced by both the SAPS and NPA in relation to arresting, charging and prosecuting the perpetrators of service delivery protest crimes in South Africa. The study found that the arrest and prosecution of service delivery protest criminals have no impact on reducing violent service delivery protests in South Africa. There is also inconsistency with regard to the number of completed (enrolled and prosecuted) cases by the NPA and the number of arrests effected by SAPS, despite that the NPA reported a successful conviction rate. The NPA is perceived to be enrolling and prosecuting easy-winnable cases related to protest crimes. Furthermore, most of the arrested protesters are either released with a warning or left off the hook without being charged by the police due to the failure to secure proper evidence. The study recommends that both the data presented by the SAPS relating to the number of arrests made and cases prosecuted by NPA must be thoroughly interrogated by responsible oversight bodies including civil society organisations due to its discrepancy.