The Untold Story of the black man and the Police

I don’t do it for the gram, I do it for COMPTON.”- Kendrick Lamar, Element

It is in times of chaos such as the COVID-19 pandemic where the meaning of community is truly brought into question. In a country riddled with socio-economic disparities such as South Africa where the distribution of national resources is inequitable, in times of dire straits we can separate the visible from the invisible. That age-old story of marginalisation repeats itself in the invisible corners and neighbourhoods wherein the poor man resides, beneath the threshold of government concern. This article seeks to explore the relationship between the South African Police and lower-income neighbourhoods through a racial, political, and historical lens. This will be achieved by providing an analysis of Chanock’s The Making of South African Legal Culture (2001) (emphasis placed on the story of Bulhoek) to give context to the historical and political aspects of South African law enforcement. Elisson’s The Invisible Man (1952) will also be referred to in an attempt to show that South Africa’s story is one of many threads running across the globe featuring the black man and the police. The story that, although heartbreaking, seems to be never-ending.

A natural point of departure is the 1910 formation of The Union of South Africa. It is upon this “unstable” bedrock that the foundations of South Africa’s legal culture were built (Chanock, 2001). It must be accepted, if logic takes precedence over preference, that a country’s legal culture dictates the actions of its law enforcement by setting the parameters of what is deemed acceptable, necessary or prohibited for the police to do in trying to achieve the aims of the state, chief amongst which is protecting the lives of civilians and maintaining order. But what happens when those two main objectives are at odds? Wherever emphasis is placed, that is a great indicator of what the state considers more important and therefore, what is in alignment with the country’s legal culture. The apartheid government, needless to say, placed far greater emphasis on the latter than the former when it came to people of colour, and the happenings at Bulhoek are a classic example of that.

In 1920, the then, head of Native Affairs Edward Barrett, was sent to Bulhoek after there had been reports dating back to 1914 of a mass illegal occupation of the land by a group of black inhabitants referring to themselves as Israelites led by one Enoch Mgijima. “Amazed” at the number of occupiers and the lack of control, Barrett thought to rather register the occupants than evict them. This strategy was struck down by apartheid leadership and law enforcement was sent in to drive the masses away, their resistance resulting in the massacre of nearly two hundred people (Chanock, 2001). Barrett was in fact despised and labeled as weak for his actions and Colonel Truter who had commanded the slaughter was promoted to the position of National Commander of the police for his efforts (Chanock, 2001). The most liberal judge of the period Rose-Innes even had the audacity to refer to the people’s resistance and subsequent killings at Bulhoek as “...an instance of the impressionability of the Bantu race.” The point being: maintaining order amongst the black population was of greater importance to law enforcement than protection or active governance. The encounter between law enforcement and the black occupiers was driven by a racist, authoritarian and militant legal culture and as such produced violent results. The police was not there in its capacity to help the community, it arrived when it was time to shoot. Time to destroy. Time to evict.

Similarly, Ellison’s The Invisible Man shows the same tattered photograph of Harlem in the 1950s. The police showed up at evictions, the police showed up to shoot and arrest protestors, the police showed up to discipline not to protect. The hostility of the low-income black community towards the police is understandable thus, because the relationship is one of force and authority. Juxtapose the presence of the police in the ghettos to that of the police in the suburbs where they drive through occasionally to make sure the residents are safe. Where the police are a friendly force whose sole purpose is to look after you. The relationship between black folks and the police is a stark contrast to that. The hostility goes both ways initially stemming from the police not from the community.

During the COVID-19 pandemic, one was struck by the lack of police presence in poorer communities. Instead of being there for the people, educating them, and looking after them, the police were absent only to be instructed to come in and “create order” once things were out of control. Where law enforcement should have been fostering a relationship with the community, they awaited instructions to use force once it was deemed necessary. A clear indication that the legal culture has not recovered from its functions during the days of apartheid. In fact, the relationship between black people and the police continues to be strained regardless of the absence of formal apartheid. And the muted cry of the invisible man, the black man, is: where were you when I needed you? Where have you been all along? That is the source of the black man’s rage when confronted by the police.

The Western Cape government has forgotten the invisible people of the little apple-farming community of Harleem in the Western Cape. The Gauteng province government has forgotten the invisible people of the RDP projects of Cosmo City. And when the police come to shoot and arrest as history undoubtedly repeats itself the only thing on the minds of the people will be where were you all along? In the spirit of true transformation and creating one nation for all, our government must always be cognisant of the racially and economically disadvantaged. It is not enough to cater to those whom we can see, but even the unseen must be catered for.

Rose Nyabereka

2nd Year LLB

The University of South Africa

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