logo
Police deaths: Crisis sparks debate on criminal justice reform

Police deaths: Crisis sparks debate on criminal justice reform

The Citizen17-05-2025

Police deaths remain a pressing challenge in the country, with incidents involving the deaths of SAPS members steadily increasing over the years.
According to Bloemfontein Courant, this not only raises concerns about the safety and well-being of those who serve and protect the public but also highlights broader issues within the country's criminal justice system.
While speaking at the memorial service of the police officers who were found in the Hennops River in Centurion days after they were reported missing, Police and Prisons Civil Rights Union Free State chairperson Thabo Lefalatsa highlighted the serious issue, calling for a review of the Criminal Procedure Act 51 of 1977.
'There is a serious need for us as a country and parliamentarians to review the Criminal Procedure Act 51 of 1977, in particular Section 49 of that act. We have issued members of the South African Police Service with firearms to effectively deal with criminals. As long as we have Section 49 in its current format, we cannot effectively respond to the heinous crimes confronting our members.'
Lefalatsa also called on community members to assist police in effectively combating crime and ensuring safety.
Minister of Police Senzo Mchunu addressed the issue last week at the funeral of Constable Boipelo Senoge, one of the three officers who were laid to rest. Mchunu described it as a crisis that endangers both community safety and the integrity of South Africa's justice system, condemning the brutal acts that have led to the deaths of police officers across the country.
'As we reflect on this tragic loss, we must also acknowledge the ever-present challenges we face. To fight crime effectively, we need every one of our members. Families and communities are the ones who suffer most from the agony caused by criminals, whether these criminals are South African or foreign nationals,' he said.
Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel.
Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal.
Read original story on www.bloemfonteincourant.co.za
At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Ramaphosa names 31 'eminent people' to champion national dialogue
Ramaphosa names 31 'eminent people' to champion national dialogue

TimesLIVE

time42 minutes ago

  • TimesLIVE

Ramaphosa names 31 'eminent people' to champion national dialogue

President Cyril Ramaphosa will be calling a national convention on August 15, which will set the agenda for the national dialogue. Ramaphosa also announced the appointment of an eminent persons group of 31 people, who he said will guide and champion the national dialogue and act as the guarantors of an inclusive, constructive and credible process. In an announcement on Tuesday, Ramaphosa said the national convention will represent the diversity of the South African nation and will be a representative gathering, bringing together government, political parties, civil society, business, labour, traditional leaders, religious leaders, cultural workers, sports organisations, women, youth and community voices, among others. 'Through their various political, social and other formations, in their workplaces, in places of worship, communities, villages and sites of learning, South Africans will in the months following the national convention be encouraged to be in dialogue to define our nation's path into the future,' Ramaphosa said. The views, concerns and proposals that will emerge will be brought together at a second national convention, planned for the beginning of next year. Ramaphosa said there was broad agreement that given the challenges the country was facing at the moment, the national dialogue should be convened. 'The idea of holding a dialogue is not a new concept in our country. In many ways having dialogues is part of our DNA as a nation. At every important moment in the history of our country, we have come together as a nation to confront our challenges and forge a path into the future in dialogue with one another.'

How SA features in the web of ‘most-wanted' Uruguayan narcotrafficking accused Sebastian Marset
How SA features in the web of ‘most-wanted' Uruguayan narcotrafficking accused Sebastian Marset

Daily Maverick

timean hour ago

  • Daily Maverick

How SA features in the web of ‘most-wanted' Uruguayan narcotrafficking accused Sebastian Marset

A video of wanted drug trafficking accused Sebastian Marset previously sparked suspicions about South Africa and Uruguay's most powerful cocaine cartel. Now, the US has stepped in and offered a $2m reward for his arrest. A man wearing big sunglasses and a medical mask faces the camera as he talks in Spanish while seated in what appears to be a stationary car. The footage is somewhat wobbly, suggesting he's holding a cellphone and filming himself. This man says he is Sebastian Marset – a suspected international drug trafficker and money launderer from Uruguay, who is involved in South American soccer, and who has an astounding past that bleeds into high-level political scandals. The 34-year-old, whose full name is Sebastian Enrique Marset Cabrera, is accused of heading the Primer Cartel Uruguayo, or First Uruguayan Cartel. He was recently added to the United States Drug Enforcement Administration's (DEA) most wanted list. In May 2025, the DEA also offered a reward of up to $2-million for information leading to Marset's arrest. That reward is linked to the biggest investigation into cocaine trafficking in Paraguay's history. South Africa and suspicions A few years ago, in August 2022, the video of Marset, showing him talking while apparently seated in a car, was sent to overseas media. In it, he distanced himself from several accusations. This country fits into this saga because the video was apparently sent from a South African cellphone number. That same month, August 2022, international affairs prosecutor Manuel Doldan was quoted in Paraguayan media saying Marset's location was under investigation to determine if he had been in South Africa or if technology was used to mask where the video was actually sent from. Emails from Daily Maverick to an address listed for Doldan were not responded to last week. The Embassy of Uruguay in South Africa told Daily Maverick: 'The Embassy… does not have any comments regarding your questions.' When Daily Maverick asked the Hawks if Marset had been flagged in this country, spokesperson Colonel Katlego Mogale asked if this journalist had a case number. The journalist did not have a case number and did not query a specific crime, but whether authorities were aware of Marset. No answer was provided by the time of publication as to whether the Hawks had flagged him. In 2023, police in Bolivia tried to arrest Marset, who later released another video effectively thanking officers there for tipping him off about that plan. Several other issues tied to Marset, meanwhile, are indirectly connected to South Africa. Detained, Dubai, released Dubai is central to one of these. Daily Maverick has before reported on how a drug trafficking 'supercartel', consisting of various crime groups from several countries, was headquartered there. The so-called supercartel appeared to have ties to places including Durban. As for Marset, in 2021 he was detained in Dubai because of an issue relating to a false passport. He managed to get another passport while in custody – this became a scandal that saw the resignation of Uruguayan government officials – and was released from Dubai detention in early 2022. Marset, according to the US, is now ' a most-wanted fugitive throughout the Southern Cone of South America, charged with organised crime violations in Paraguay and Bolivia'. Brazil There were previous suspicions that he may have been in Mozambique. These were similar to suspicions, some later confirmed, that once surrounded Brazil's Gilberto Aparecido Dos Santos, who headed the notorious First Capital Command gang, to which Marset is suspected of having ties. Daily Maverick has previously reported that Dos Santos used false documents in South Africa under the name of Luiz Gomes de Jesus before he was arrested in Mozambique in 2020. In 2022, Dos Santos was sentenced to 26 years in jail in Brazil for crimes including drug trafficking. Strong narco-conduits connect South Africa and Brazil. Marset's alleged drug trafficking organisation operated via various countries, including Brazil. Transnational money laundering Last month, on 21 May, the US Attorney's Office for the Eastern District of Virginia announced that an indictment against Marset had been unsealed 'for his alleged role in laundering proceeds of his drug-trafficking organisation'. A statement also said that Federico Ezequiel Santoro Vassallo, also known as Capitan, was someone close to Marset and had pleaded guilty to laundering narco-trafficking income. It alleged Marset was the head 'of a large-scale drug trafficking organisation that distributed thousands of kilograms of cocaine, including as many as ten tons at a time, from South America typically to Europe.' 🇵🇾 | Paraguay dismissed an alleged letter sent by Sebastián Marset in which he offered to turn himself in in exchange for his wife's freedom. Learn more about this character and his criminal network here: — InSight Crime (@InSightCrime) June 6, 2025 Cocaine was allegedly trafficked in places including Bolivia, Paraguay, Belgium and Brazil. 'Santoro and, allegedly, Marset threatened violence to protect their drug-trafficking and money laundering activities,' the US attorney's office statement said. 'In January 2021, Marset allegedly was owed more than €17-million from the proceeds of a single shipment of cocaine. 'Santoro arranged the collection and laundering of at least €5-million of those funds, the vast majority of which was laundered using the US banking system.' As for Marset, the $2-million reward (which is in addition to a $100,000 reward Bolivia offered in 2023) for his arrest and conviction came about after a project codenamed Operation A Ultranza Py. Reward poster for Sebastian Marset, US Department of State. The US described it as: 'The largest and most consequential organised crime investigation… against cocaine trafficking in Paraguayan history.' In the family Last year, Marset's partner Gianina García Troche was detained in Spain. She was reportedly extradited from there to Paraguay a couple of weeks ago. 🇵🇾 | Gianina García Troche landed in Paraguay following extradition for her alleged role in Sebastián Marset's money laundering network. Learn more about her case on others facing charges in our analysis: — InSight Crime (@InSightCrime) May 21, 2025 The year before her detention, in December 2023, Marset's brother Diego Nicolás Marset Alba, who is now about 24 years old, was arrested in Brazil. '[He] had been avoiding arrest for many years by using multiple false identities from Bolivia, Brazil, Paraguay and Uruguay,' a statement by the international police organisation, Interpol, said at the time. The timing of the younger Marset's arrest was connected to his wife's pregnancy. 'Interpol shared intelligence that his wife was nearing childbirth in Foz de Iguacu, Brazil,' the statement said. 'Foreseeing Marset's potential visit to Brazil for the birth, officers from Brazil's Federal Police monitored the wife's residence and arrested the fugitive when he arrived at her home.' Interpol's statement said that Diego Marset was suspected of being 'a central figure in the trafficking of drugs from South America to Europe and is also linked to several high-profile killings.' Prosecutor killed in Colombia Accusations around the elder Marset and one specific high-profile 2022 killing emerged previously. In May 2022, Paraguayan prosecutor Marcelo Daniel Pecci Albertini, better known as Marcelo Pecci, was fatally shot on a beach while on honeymoon with his wife in Colombia. Pecci worked against drug trafficking and organised crime. The US Department of State had offered a $5-million reward for information leading to Pecci's killers. Information regarding the co-conspirators should be reported to the Paraguayan Public Ministry and the Drug Enforcement Administration. — US Dept of State INL (@StateINL) November 17, 2022 'Five of… six individuals were arrested in Colombia and quickly convicted and sentenced to 23½ years of imprisonment. 'One of the transporters remains a fugitive,' a department statement from 2022 said. 'Investigators are also seeking those individuals believed to have hiredthe hit team in Colombia.' Pecci's murder happened about three months after Marset had been released from detention in Dubai and about three months before the video of him, with possible ties to South Africa, surfaced. La investigación sobre el asesinato del fiscal paraguayo Marcelo Pecci cometido por el narcotraficante uruguayo Marset en territorio colombiano demuestra que hace mucho el narco dejo de ser un problema bilateral colombo estadounidense y es hoy un problema americano y mundial. — Gustavo Petro (@petrogustavo) August 12, 2022 Marset's name has before been referred to concerning what happened to Pecci. Colombian President Gustavo Petro posted on X about Marset. One of his posts (translated from Spanish) says: 'The investigation into the murder of Paraguayan prosecutor Marcelo Pecci by Uruguayan drug trafficker Marset in Colombia demonstrates that drug trafficking long ago ceased to be a bilateral Colombian-American problem and is now an American and global problem.' DM

Borders signal the edge of a nation, they must never be the edge of the law
Borders signal the edge of a nation, they must never be the edge of the law

Daily Maverick

timean hour ago

  • Daily Maverick

Borders signal the edge of a nation, they must never be the edge of the law

The management of borders represents a critical point where state authority meets human rights and national security concerns. Borders in both the United States and South Africa serve as enforcement areas that test constitutional law boundaries and state authority limits through ethical governance challenges. Despite the existence of strong constitutional frameworks, borders often emerge as zones where power is exercised with minimal oversight and have increasingly become the subject of heated debates under the pressure of opposing interests. Judicial mechanisms offer post-facto challenges to abuse, but don't deter injustice from occurring before any intervention takes place. At stake are not only questions of territorial control, but fundamental civil liberties. While judicial mechanisms exist to challenge abuse, their retrospective nature means infringement is effected before remedy is available. A meaningful solution requires proactive legal training, deeper transparency and a strong culture of accountability. South Africa: consolidation with broad powers The formal establishment in April 2023 of the Border Management Authority (BMA) marked a significant structural shift in South Africa's border enforcement as envisioned in terms of the Border Management Authority Act, 2020. The launch of the BMA aimed to unify fragmented tasks within immigration, customs and security functions as a bold step towards operational efficiency. However, with consolidation comes concentration of power and, arguably, insufficient legal guardrails are in place. Current training of South African border agents appears to place overwhelming emphasis on security protocols, logistics and document verification. Detailed information about the standard training for officials has not yet been publicly documented. At the front lines, however, critical dimensions such as constitutional rights, international refugee protections and administrative justice remain underdeveloped or entirely absent. This knowledge gap opens the door for discretionary overreach. Border agents routinely make major impactful decisions, often without sufficient legal grounding. While the Constitution guarantees rights to both citizens and non-citizens, the implementation at borders of those rights remains inconsistent. Legal training should be a vanguard defence against such inconsistency, focusing not only on the technicalities of immigration law but also on values such as proportionality, rationality and dignity, all central to South Africa's constitutional vision. A training curriculum that includes real-world case studies and evolving jurisprudence would provide border officials with the legal literacy necessary to act effectively and lawfully. Borders are not lawless zones South African jurisprudence offers strong guidance. The Supreme Court of Appeal determined in Minister of Home Affairs v Watchenuka (2004) that constitutional rights apply to non-citizens and invalidated the idea that state power at borders escapes constitutional oversight. The Constitutional Court's decision in Dawood v Minister of Home Affairs (2000) established the necessity for defined guidelines to limit discretionary immigration actions while affirming that arbitrary decisions stand in opposition to constitutional principles of governance. In Gaertner and Others v Minister of Finance (2014), the court struck down provisions permitting customs officials to conduct warrantless property searches. While emphasising judicial oversight and opposing unchecked surveillance at borders, the court reinforced that, even at the border, constitutional safeguards must apply. Collectively, these cases make clear that South African borders are not constitutional vacuums. They are spaces where state interest and individual rights must be carefully balanced, a principle that must be embedded in policy, training and enforcement alike. The US: oversight in theory, discretion in practice US border agents carry out their duties under the Fourth Amendment's 'border search exception', which permits searches at international borders without warrants. While initially designed for luggage and customs inspections, the doctrine has expanded to include searches of electronic devices, sparking privacy concerns. In United States v Cotterman (2013), the Ninth Circuit introduced a distinction between 'basic' and 'forensic' device searches, requiring reasonable suspicion for the latter. This case was critical in defining the legal thresholds for state intrusion into digital privacy. Yet, reasonable suspicion, a circumstantial belief based on specific facts, remains a vague and flexible standard. Oversight mechanisms, while present, often fail to prevent real-world overreach. On paper, the US legal framework provides stronger judicial review than in many jurisdictions. The Fourth Amendment, the exclusionary rule and civil rights litigation offer meaningful remedies. But these mechanisms are largely retrospective. They rely on the injured party to challenge misconduct after it has already occurred, a process few travellers are equipped to initiate. Even with oversight, systemic issues such as racial profiling, device confiscation and prolonged detentions persist. Lessons from Cato's Letters Cato's Letters, a series of 18th-century essays written by Trenchard and Gordon, warned eloquently of the dangers of unaccountable power. Their call for liberty, limited government and the rule of law echoes loudly in today's border enforcement regimes. They warned that unchecked authority, even in the name of security, leads inevitably to oppression and abuse. Their defence of transparency, legal constraint and civic vigilance remains a powerful lens through which to evaluate modern border agencies. Whether it is US Customs and Border Protection or South Africa's BMA, concentrated authority without immediate oversight fosters environments where individual rights are routinely subordinated to institutional convenience or, even worse, ignorance. Technology is not a silver bullet In the US, billions have been spent on advanced border technologies: facial recognition, drone surveillance, biometric scanning and AI-powered analytics. These tools increase efficiency, but also amplify state power, and raise serious concerns about surveillance overreach and algorithmic bias. South Africa, while historically underresourced in this domain, is catching up. Home Affairs Minister Leon Schreiber has recently emphasised the digitisation of border processes and initiated a drone surveillance programme aimed at improving security along hard-to-patrol land borders. These innovations are promising, but require legal frameworks and ethical training to ensure that they enhance, not undermine, accountability. Technology alone cannot substitute for legal safeguards, ethical enforcement and public scrutiny. Without strong norms and oversight, technology simply makes it easier to abuse power faster and more efficiently. South Africa's systemic challenges Corruption remains a long-standing problem in South Africa's border management system. With a land border network spanning more than 4,700km, complex challenges in border management, surveillance and cross-border movement are common. Beit Bridge and Lebombo, the two busiest land border posts by movement of both people and goods, have gained notoriety for their involvement in bribery schemes, fostering illegal and fraudulent migration, and smuggling operations. Yet, these incidents are not exclusive to those posts. Both law enforcement operations and public trust in government institutions suffer from these prevailing situations. While integration under the BMA may help streamline accountability, corruption is a human problem, solved not by structure alone but through culture, leadership and training. The US, too, has struggled with ethical lapses in border enforcement, including documented abuses during the Trump administration involving family separations, inadequate detention conditions and racially biased screening practices. In both countries, external accountability mechanisms – including independent oversight bodies, public reporting and whistle-blower protections – are essential to preventing and addressing misconduct. Training is the real infrastructure Perhaps the clearest point of divergence between the US and South Africa lies in training systems. In the US, border agents attend standardised courses at the Federal Law Enforcement Training Centers covering constitutional law, immigration enforcement and ethical decision-making. By contrast, in South Africa training has been historically fragmented. The establishment of the BMA has offered an opportunity to establish standardised, law-based training that integrates legal, technical and ethical components. Given the BMA's expanded scope, this is not optional; it should be critical. A border agent without sufficient legal literacy is not just a weak link in enforcement but a risk to the rights of every traveller, migrant or citizen they encounter. Too often abuse is reported and remains unchecked. The human element in reform Ultimately, border enforcement is about people, those enforcing the law and those subject to it. The most sophisticated policy or technology will fail if the individuals tasked with implementation are poorly trained, poorly supervised or poorly supported. Ethics, empathy and law must inform every aspect of border interaction. Both the US and South Africa must invest not only in infrastructure but in human capital. Agents must be trained to understand not only how to detect threats, but how to respect rights. Performance metrics should include not just seizures or interdictions, but fair treatment, procedural integrity and respect for dignity. The front lines of democracy and eternal vigilance Border zones are not places outside the law. They are 'stress tests' for democracy and constitutionalism. In South Africa and the United States alike, the challenge is not whether the state can exercise power at the border, but how that power is constrained, overseen and made just. Legal training, transparency and accountability are not luxuries; they are the foundation of legitimate enforcement. As Cato's Letters reminds us, liberty depends not only on institutions but on 'eternal vigilance'. DM

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store