The successes of the Directorate for Priority Crime Investigation (HAWKS) are encouraging and should be applauded. Since the last quarter of 2023 the number of cases brought before the courts by this specialist unit has increased dramatically.

The HAWKS are tasked with investigating serious offences or National Priority Offences in police jargon. Section 17A of the Police Act defines National Priority Offences as organised crime, crime that requires national prevention or investigation, or crime that requires specialised skills in the prevention and investigation thereof, as referred to in section 16(1) of the Act.

The work of the HAWKS is regularly highlighted with remarkable successes with regards to arrests and conviction numbers. To this extent we saw the Head of the unit, General Godfrey Lebeya releasing impressive statistics in November 2023. He highlighted arrests and convictions in cash-in-transit heist cases, police killings, crimes relating to the COVID-19 Relief Fund, as well as Eskom and South African Social Security Agency fraud. The HAWKS even had success with illegal mining.

However, the failure of the police to protect the general public is highlighted by David Ansara in his article, “SA’s failure to stop violent crime actually expands scope of ‘crime’”. (22/4/2024)

Ansara argues that the government creates and enforces a large number of crimes that do not carry the concerns and fears of the public and rides the wave of success in “solving” and “prosecuting” these crimes. Many of these crimes address economic issues and interferes into the freedom of the public, while crimes relating to the personal safety of individuals are left to the public to fend for themselves.

Ironically, in the SAPS Annual Report 2015 to 2016 the then minister of Police Mr Nathi Nhleko introduced the principle of “Back to Basics – towards a safer tomorrow” in a rather lame fashion.

“Since October 2015 to 31 January 2016, the Justice, Crime Prevention, and Security (JCPS) Cluster has been focusing on a six-pillar approach to deal with identified crimes and possibilities. These pillars include dealing with the issue of aggravated robberies, the enforcement of the Firearms Control Act, the Liquor Act, the Second-Hand Goods Act and other pieces of legislation, dealing decisively with crimes perpetrated against women, children and people with disabilities, closing the net on wanted suspects, implementing Road Safety Enforcement.”

The commissioner Lt Gen. Phahlane echoed this sentiment in the same report by emphasizing, “We do not have to wait until something goes wrong, we need to ensure proactive policing, which will boost our communities’ confidence in us.”

Taking into account the upward trend of violent crimes it is clear that this principle was not successfully pursued during the past nine years. There is also very little evidence to show that the public gained confidence in the police.

Either the “Back to Basics" ball was dropped or the very important communication channels between the SAPS and the community were clogged. Did the minister understand the concept of “Back to Basics” and delegate the principle to his executive managers?

It may be important to look at the “basic” hierarchal needs of a community. Abraham Maslow first introduced the concept of a hierarchy of needs in his 1943 paper, titled "A Theory of Human Motivation." This hierarchy suggests that people are motivated to fulfill basic needs before moving on to other, more advanced needs.

Maslow argued that survival needs must be satisfied before the individual can satisfy higher needs.

Our most basic need is for physical survival, and this will be the first thing that motivates our behaviour. Once that level is fulfilled, the next level up is what motivates us, and so on.

The human body cannot function optimally if physiological needs are not satisfied. Once an individual’s physiological needs are satisfied, the need for security and safety becomes salient. People want to experience order, predictability, and control in their lives. Safety needs can be fulfilled by the family and society (e.g., police, schools, business, and medical care).

Together, the safety and physiological levels of Maslow's hierarchy of needs make up what is often referred to as "basic needs."

When these needs are fulfilled, and only then will the public pursue the next level of needs, which are loosely described:

Love and Belonging

The social needs in Maslow’s hierarchy include love, acceptance, and belonging. At this level, the need for emotional relationships drives human behaviour.

Esteem Needs

At the fourth level in Maslow’s hierarchy is the need for appreciation and respect. Once the needs at the bottom three levels have been satisfied, the esteem needs begin to play a more prominent role in motivating behaviour.

Self-Actualization Needs

At the very peak of Maslow’s hierarchy are the self-actualization needs. Self-actualizing people are self-aware, concerned with personal growth, less concerned with the opinions of others, and interested in fulfilling their potential.

Maslow’s definition of self-actualization: "It may be loosely described as the full use and exploitation of talents, capabilities, potentialities, etc. Such people seem to be fulfilling themselves and to be doing the best that they are capable of doing. They are people who have developed or are developing to the full stature of which they capable."

Although Maslow’s theory is not set in stone and attracts valid criticism, it provides a theoretical structure to the basics of a community’s needs.

From this theory, it is clear that the “Back to Basics” of 2016 was focused on offences primarily on the Self-Actualization level – at the very top of Maslow’s pyramid. These crimes included cash-in-transit heist cases, crimes relating to the COVID-19 Relief Fund, Eskom and South African Social Security Agency fraud, and illegal mining. Also the enforcement of the Firearms Control Act, the Liquor Act, the Second Hand Goods Act and other pieces of legislation, dealing with crimes perpetrated against women, children, and people with disabilities, and Road Safety enforcement strategies.

The SAPS and in this instance, the Hawks focus their energy and resources on needs that concerns the privileged few in the country, while the poor and middleclass are left to fend for themselves.

Law is the reflection of the will and wish of the society.

Kapoor argues that if you want to study any society, you have to study the laws enacted by that society and public you come to know whether the society is developed or wild world. The law, though it is the product of the society is responsible for the social transformations. In fact, there are two modes of this aspect.

First is, “Law changing the society”, which means that the law of the land compels the society to be changed according to it. Secondly is, “Society changes the law”, as per its needs. It means law is made by the society according to its requirements by its democratic institution, i.e. Legislative or by adopting custom and usage. When law changes the society, it is the sign of beginning of the development of the society. When society changes law it is the sign of maturity of the society.

Enacting unpopular and often superfluous laws diverts valuable resources and energy of the SAPS whose primary function is the protection of life and limb. Every South African citizen has the inalienable right to life as guaranteed by the Constitution. The SAPS is the only institution of government that has the delegated power to protect and enforce this right.  Police action and resources should therefore never be used as a show of force nor oppress and coerce towards an unpopular ideology in a law-abiding society.

A true “Back to Basics” approach, addressing the urgent, basic needs and concerns of society will improve the public’s confidence in the police and consequential support crime prevention efforts in the widest sense of the word.

Jan de Klerk, Policing Scientist