If SA seeks to enforce the lockdown regulations applicable under alert level 4, law enforcement must have a solid policing strategy and lawbreakers must face the full might of the law, says former public protector Professor Thuli Madonsela.
Speaking to TimesLIVE, Madonsela challenged the government to hold accountable the organisers of the recent mass gatherings in Nkandla and the EFF march to the offices of the South African Health Products Regulatory Authority (Sahpra).
She said failure to do so threatens the right to equality and widens the gap between ordinary citizens and those with political connections.
“Pick the ring leaders, arrest them. Charge them for their own violations of the regulations and charge them for inciting others to violate the regulations. You know who the ring leaders are — why are they not being arrested?”
Under alert level 4 lockdown, no gatherings are allowed and no more than 50 people are permitted to attend funerals.
These regulations, recently announced by president Cyril Ramaphosa, did not deter the thousands who descended on Jacob Zuma's homestead in Nkandla to show their support. Many claimed they were there to “defend” the former president after the ConCourt found him guilty of contempt of court and sentenced him to 15 months in prison.
Madonsela said the police could have prevented the illegal gatherings.
“It's a lack of policing strategy, planning and poor training. When they let the crowds grow beyond 50 you're risking a Marikana. When somebody announces that event, the police should go there and make sure that past 50 [people] they don't allow anyone in and they deploy water cannons,” said Madonsela.
She added that a lack of accountability results in lawlessness.
“If you make laws that you have no intention to enforce, you create a mental muscle of ignoring the laws, people get used to the law being a suggestion. Impunity encourages people to violate laws,” she said.
The Nkandla gatherings came weeks after the EFF's “march to save lives”, in which hundreds protested, demanding that Sahpra approve more Covid-19 vaccines.
The march was met with criticism and accusations that the party was disregarding the regulations, which require social distancing and wearing of face masks in public.
While civilians have the right to voice their concerns, marchers could have taken a different approach, said Madonsela.
“I don't want to say it was wrong of people to ask for some drugs to be expedited, because I don't know the inside story of that. It's good for civil society to push things, but you don't make a demand and then go on strike.
“This thing of demanding and going to the streets shows that you have no interests in the negotiation. You just want to go on the streets to show your power.”
