The Constitution of South Africa protects all basic political freedoms. However, there have been many incidents of political repression,‘The Politic of Blood’: Political Repression in South Africa, Tricontinental: Institute for Social Research, Dossier 31, August 2020 dating back to at least 2002,Housing battles in post-Apartheid South Africa: The Case of Mandela Park, Khayelitsha , by Martin Legassick, South African Labour Bulletin, 2003 as well as threats of future repression in violation of this constitution leading some analysts, civil society organisations and popular movements to conclude that there is a new climate of political repressionThe Return of State Repression , Professor J. Duncan, South African Civil Society Information Services, 31 May 2010, Freedom of Expression Institute, 2006Activists decry talk of 'third force' at Marikana, by Niren Tolsi, Mail & Guardian, 2012 or a decline in political tolerance.Political tolerance on the wane in South Africa, Imraan Buccus, SA Reconciliation Barometer, 2011
It has been argued that repression peaked during the period of the Jacob Zuma presidency, with some analysts linking the increase in repression to the influence of the 'security cluster' under the Jacob Zuma presidency.Jane Duncan on the ever-increasing power of SA's security cabal , Mandy de Waal, The Daily Maverick, 16 June 2011Zuma: Why we're not laughing any more, Hennie van Vuuren, Mail & Guardian, 17 August 2012 It has been argued that Zuma "enhanced the coercive capacity of the state"The 'Gatvol' Factor , Jane Duncan, SACSIS, January 2011 and that he focused on "building a state based on fear".Electing for lesser evil will not get us very far, Palessa Morudu, Business Day, 11 September 2012 It has also been argued that repression has affected poor people's organisations most seriously but that repression directed against poor people has been systemically under-reported in the media.Media underplaying police, state brutality, Jane Duncan, Sunday Independent, 26 August 2012
Serious concern has been expressed about police brutality in South Africa.No end in sight for police brutality in South Africa, Justice Malala, The Guardian, 21 February 2013The lang-arm of the law is a deadly dance, Jane Duncan, Mail & Guardian, 8 August 2013 Sipho Hlongwane, writing in Business Day, has argued that "South Africa is a brutal police state."This brutal police state in which we live, Sipho Hlongwane, Business Day, 22 January 2013 According to Greg Marinovich "The police are acting with impunity. Their political masters are acting with impunity. In the South Africa of 2012, if you are poor and without political clout, you are on your own."Marikana: A cover-up for all to see, Greg Marinovich, Daily Maverick, 6 November 2012 Amnesty International has expressed serious concerns about brutality, including torture and extrajudicial killings, at the hands of the police in South Africa.Police brutality comes as a surprise? Really?, Pierre de Vos, Daily Maverick, 1 March 2012Amnesty International South Africa Report, 2012 Ronnie Kasrils has argued that there has been a "descent into police state depravity" under Jacob Zuma.Mr President, arrest this descent into police state depravity, Ronnie Kasrils, Mail & Guardian, 6 March 2013 It has been observed that "Torture is routine practice in South Africa's police stations and prisons". , Fish rot from the head, Carolyne Raphaely, Open Democracy, 20 March 2014
The country also has a serious problem with political assassinations.The Business of Killing: Assassinations in South Africa, Rumbi Matamba, Global Initiative Against Transnational Organized Crime, April 2023, Geneva
It has been claimed that senior ANC politicians are responsible for the repression of grassroots activists.Protestors Are Killed On Instructions Of Politicians In KZN And Society Turns A Blind Eye – Inquiry , Marc Davis, The Huffington Post, 2017 In 2012 Bishop Rubin Phillip said that "a dark night is settling over our country as the light of our democratic dawn dims".Biko: A bright guiding light in dark times, Bishop Rubin Phillip, 19 September 2012
Threats to media freedom Under Jacob Zuma the ANC expressed open opposition to media freedom.Jacob Zuma and the second transition: The print media, Mandy de Waal, The Daily Maverick, 18 June 2012 Serious concern was expressed about the proposed Media Appeals Tribunal and Protection of Information Bill which, if passed, would significantly reduce press freedom.The Real Fear Factor: Secrecy as the Mask of Power , Dr. Dale T. McKinley, South African Civil Society Information Services, 11 April 2011Revise Protection of Information Bill , Human Rights Watch, November 2010Amnesty red flag police brutality, Craig Dodds, 13 May 2011The Secrecy Bill: Speak Now or Forever be Gagged , by Dale T. McKinley, SACSIS, 8 June 2011
There have been a number of reports of serious intimidation of journalists.ANC ratchets up its anti-media campaign in provinces , Mandy de Waal, The Daily Maverick, 6 July 2011 In 2007 the Freedom of Expression Institute and The Mercury newspaper reported a death threat against a journalist in Durban by controversial local businessman Ricky Govender who claims close links with Jacob Zuma.Police repression in Protea South an indicator of a national trend, Freedom of Expression Institute, 5 September 2007 In Durban in 2009 the editor of The Mercury, Philani Makhanya, laid a charge of intimidation against S'bu Mpisani, a politically connected contractor for the housing department in that city who had allegedly threatened the newspaper for its investigations into his activities.The rise and fall of Shauwn and S'bu Mpisane, Durban's Teflon Couple, Nikki Moore, The Daily Maverick, 11 February 2011 In Port Elizabeth the branch chairperson of the ruling African National Congress (ANC), Nceba Faku, called for party supporters to burn down the offices of the local newspaper the Daily Dispatch in 2011.Faku: Burn down the press , LUYOLO MKENTANE, The Daily Dispatch, 20 May 2011 In 2012 Piet Rampedi and Adriaan Bassoon, journalists at the City Press, were subject to various threats and forms of intimidation while covering a story on corruption by Julius Malema.The price of investigating Julius Malema, Greg Nicholson, The Daily Maverick, 23 July 2012 Also in 2012 ANC supporters publicly burnt copies of the City Press newspaper in Durban.'Spear' fury shatters Haffajee, Shain Germaner, IOL, 28 May 2012
Threats to artistic freedom Poet Mbongeni Khumalo has claimed "that his no-holds barred lyricism attracted the attention of state security".Poetry must reflect South Africa today , GOODENOUGH MASHEGO, The Sowetan, 18 January 2013
In 2012 leading figures in the ruling party called for a painting, The Spear, to be destroyed and publicly endorsed the defacement of the painting.
Unlawful state bans on protests There have been a number of independently documented cases where the constitutionally protected right to protest has not been honoured by the state., Simon Delaney, Freedom of Expression Institute, May 2007Dissent Under Thabo Mbeki, Jane Duncan, May 2011The Struggle for Street Politics, Jane Duncan, February, 2012The Criminal Injustice System, by Jane Duncan, SACSIS, 18 February 2013 One particularly well documented instance occurred in Durban in 2006, Freedom of Expression Institute, 2006 and another in Cape Town in 2012.Siessa Patricia!, by Pierre de Vos, Constitutionally Speaking, 30 January 2012Police Brutally Suppress Protesters in Cape Town , by Christopher McMichael, Think Africa Press, February 2012 It has also been claimed that the right to protest has been summarily denied to shack dwellers on the East Rand.Police to people of Makause: 'March and there'll be another Marikana', mandy de Waal, The Daily Maverick, 5 October 2012 It has been argued that not just ANC controlled municipalities, but also opposition Democratic Alliance (DA) ones, engage in unlawful bans on the right to protest.Rondebosch protest: Charges withdrawn, Ben Fogel, Mail & Guardian, 31 January 2012 It has also been suggested that recent judicial interventions amount to a de facto curtailment of the right to protest.Penalizing Protest Action, Anna Majavu, SACSIS, 19 June 2012 It has been argued that there was an increase in the unlawful banning of protests after the 2012 Marikana massacreSA's banned gatherings: Goodbye Constitution, we hardly knew you, by Mandy de Waal, The Daily Maverick, 28 September 2012 and that this has taken the form of a de facto "state of emergency".Marikana, the Farlam Commission, and the Undeclared State of Emergency, by Jane Duncan, SACSIS, 8 October 2012
Police repression
Militarisation of the police The police, which were demilitarised after apartheid have been remilitarisedGreen Zone Nation: The South African government’s new growth path, Christopher McMichael, Open Democracy, 19 March 2012The South African Police Service and the Public Order War, by Chris McMichael, Think Africa Press, 3 September 2012 and some politicians have encouraged the police to 'shoot to kill'.Marikana: Avoidable, unconstitutional… and entirely predictable, by Pierre de Vos, The Daily Maverick, 23 August 2012 In the view of some analysts this has contributed to escalating repression.With Enough Bullets , Christopher McMichael, March, 2012 Concern has also been expressed at use of tactical response teams to contain popular protestA template for Marikana was made in Ermelo a year ago, by David Bruce, Business Day, 5 November 2012 and at the idea that the army should support the police in containing popular protest.The re-militarisation of South Africa's borders, Christopher McMichael, Open Democracy, July 2012
Police harassment of journalists In 2010 journalists Mzilikazi waAfrika was arrested at the offices of the Sunday Times. Charges against him were later dropped.Clampdown feared as journalist arrested , Dominic Mahlangu, The Times, 4 August 2010 waAfrika's phone was also unlawfully tapped by the police.Another View: Time to oversee the officials who spy on us , Jane Duncan, The Times, 30 October 2011 In July 2012 Nic Dawes, Sam Sole and Stefaans Brummer, journalists at the Mail & Guardian, were questioned by the police following the publication of a story alleging corruption by senior ANC leader Mac Maharaj.M&G journalists warned of criminal charges, Phillip de Wet, Mail & Guardian, 26 July 2012
Police harassment of activists