If you want to know why society is losing faith in the state – and taking the law into its own hands – look no farther than the South African Police Service (SAPS), says the high court in Kimberley.
Business Insider SAA community association in the Northern Cape begged its local police station to stop the blockade of a mine – with a court order in hand.Then the SAPS appealed an urgent court order that it had to act against the illegal blockade.
That judgment was in an application for leave to appeal as the police insisted they were correct in refusing to break up a mine blockade, based on what Ramaepadi dismissed as a meaningless technicality. to commercialise its land – went to court to stop the action, and by the end of 2019 it was armed with a court order.In October 2021 the protests resumed. The police again refused to help, and the property association again went to court. By early November, it had a final court order again.
Police"are obliged to act" – with or without a court order – when crime is reported, said the judge, and society is entitled to look for help from the SAPS. "Recently, we have seen and heard of Afriforum taking upon itself the role of guarding the country’s borders – a function which in terms of the Constitution, is reserved for the National Defence Force. We have also seen and heard of criminal cases which Afriforum has taken upon itself to prosecute – a function reserved for the National Prosecuting Authority.
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