Opinion: Who is a Criminal?

Written by ANiSA Associate

This past week Police Commissioner, Bheki Cele, and Police minister, Nathi Mthethwa, were kept busy defending an event that has proved to be quite controversial – a National Police Day celebration. The celebration held in Bloemfontein on January 29, 2010, was to be a day where the South African police were honored and celebrated for the work that they do.

Although every work force and every worker should have their work celebrated and appreciated, this day has become heavily criticized, from how hastily it was organized to the cost involved. Some estimate the cost of this National Police Day to be in the vicinity of R40-million.

During the festivities – festivities that reportedly saw the food running out and the liquor flowing freely – Police Commissioner Cele spoke to the crowd with some of the same, troubling rhetoric we have heard from him in the past. On this day Cele initiated a new mantra, “Criminals must leave South Africa and they must go now.” “All the criminals must be squeezed out,” Cele said. In response the crowd chanted back “Squeeeeeeze.”

It is troubling to think as to how Cele is grooming and shaping the imagination of many police officers and future police leaders through the rhetoric that he uses.

Cele’s proposed solutions towards crime and criminals is to “squeeze the space for the criminals until there is no air for them to breathe.” “[S]trike fear into the minds of the criminals they [police] come into contact with.” “[S]how the criminals that either dead or alive, it is the end of the road for them.” In speaking about the day of festivities for the police and the criticism that has emerged, Cele stated, “Anyone who has a problem must go die.”

What is the message that Cele is giving to his officers and the public in general through his rhetoric? How is Cele shaping the imagination of his officers and the future police leaders?

If we look at Cele’s comments, he is sending messages to his officers (and others) that the lives of criminals (and also anyone who apparently has a problem or a criticism of the National Police Day) are not worth sparing; that the life of a fellow human being is not worth understanding or preserving.

Should we be surprised then when police officers that have continuously been subjected to this message begin to take “justice” into their own hands and begin to over look the rights of suspected criminals? Should we be surprised when officers seek to follow Cele’s rhetoric literally and squeeze the life out of those who they suspect are criminals?

One of the most glaring issues with Cele’s comments is his failure to provide a definition as to what “criminal” means. In other words, who are those who deserve to be “squeezed out of the country” or those who need to be shown that “dead or alive, it is the end of the road for them?” Are we talking only about murderers, rapists, and thieves? Are those who use drugs, accept bribes, follow unethical and illegal business practices, and perhaps speed, also part of the definition of “criminal?”

It is quite interesting that Cele, in defending the cost accrued for the National Police Day festivities, asks a very important question. Cele states, “You ask me for the cost but can you really put a cost on a South African life?” This question is very interesting, especially given that Cele has repeatedly been willing to write off the lives of many South Africans who are involved in crime. There seems to be a contradiction in message.

So how should we as Christians respond to this troubling rhetoric? How should we as Christians respond to both the reality of crime in South Africa but also the troubling logic that Cele uses; logic that is shaping the minds and imaginations of police officers and future police leaders?

It might be good for us to remember two things as we ponder our response: 1) Jesus died alongside two criminals, and 2) Jesus was killed as a criminal.

In being crucified, a humiliating and painful death used by the Roman Empire as a way to discourage dissidence from the population who the Romans controlled, Jesus was killed as a criminal, one who went against the norms of society. Jesus suffered a death often used for many of the most despised people of society. We may be tempted to look at Jesus’ death and say that surely we would not make that kind of mistake today – putting to death anyone who is not truly guilty of criminal activity. The unfortunate reality, however, is that many studies into the use of the death penalty have shown that there has been a high percentage of people put to death who were, in fact, not guilty of the crime they were convicted of.

Jesus was also crucified alongside two criminals. The Gospel of Luke provides an account where one of the criminals joined the rest of the crowd in mocking Jesus, but the other did not. The other rebuked the first saying that Jesus was being crucified having done nothing wrong. Jesus’ response to the second criminal was to promise that he would be with Jesus in paradise.

These two realities, that Jesus died as a criminal and his demonstrated grace towards one of the criminals, can be instructive as to how we as Christians respond to Cele, his troubling rhetoric, and the reality of crime in South Africa.

1) There is always hope, even for those who are labeled as “criminals.” Like the criminal who died alongside Jesus, criminals today can change and decide to live another kind of life. But, when a person is killed, the possibility of them choosing a different kind of life is also killed.

This possibility of change, however, requires patience, as people do not change over night. As Christians it is important for us not to give in to the rhetoric that criminals cannot and will not change.

2) Many people turn to crime because they are trying to escape the current life and the social reality that they feel they are stuck in. And so, in order to make a difference in criminal activity it is important to pay attention to the social realities that people find themselves in, whether it is poverty, addiction, abuse, and so forth. In other words, working to solve crime goes hand-in-hand with community development and poverty reduction. Unlike the emotive rhetoric used by Cele, community development and poverty reduction are two concrete solutions that work towards solving the social ills of many.

3) We as Christians need to work towards changing the mentality with regards to greed. Christians have the opportunity to demonstrate a different mentality. Greed, or the self-interested pursuit to have more, is probably one of the most common reasons why people turn to crime. This mentality is pervasive amongst all echelons of society; from the poverty stricken to the government official, from the business person to the police officer. The wife of the Minister of State Security being arrested for drug trafficking demonstrates the reality of greed and how it can cause anyone to fall victim to its temptation. As Christians we can demonstrate a life that is not led by the self-interested pursuit of wanting more.

4) Hold Police Commissioner Bheki Cele and Police Minister Nathi Mthethwa accountable with regards to how they will shape the mentality and imagination of their officers, future police leaders, and the country in general. As Christians we can hold them accountable to put in place practical, realistic solutions that focus on community development and poverty reduction rather than increasing jargon that calls for a greater reliance on violence. If focus is not placed on community development, the reasons why people turn to crime in the first place will not be solved. No matter how many criminals Cele is able to squeeze out to other parts of the continent there will be more to take their place if the reasons why people are turning to crime are not dealt with.

5) Introduce restorative practices with regards to holding people accountable for their crimes and activities. Through restorative justice approaches people are held accountable and face the consequences of their actions rather than the often-used prison alternative that rarely changes mentalities or realities of criminals, their victims, or society as a whole. Restorative justice approaches often bring criminals face-to-face with their actions often allowing for a more profound effect than what prison often provides.

“To make things right, it may be necessary not merely to return to situations and people to their original condition, but to go beyond…. True justice cannot occur unless people and relationships are transformed into something that is healthy so the injury does not recur.”*

*Howard Zehr, Changing Lenses: A New Focus for Crime and Justice (Scottdale, Pennsylvania: Herald Press, 2005), pg. 190.