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Police Accountability, Oversight and Integrity

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Volume 7, Issue 9, September – 2022 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165

Police Accountability, Oversight and Integrity to

Enhance Professionalism in the Police Service
Dr. John Motsamai Modise
South African Police Service

Prof. (Dr.) Derek Taylor PROF. (Dr.) Kishore Raga

Professor Emeritus: Nelson Mandela University Professor Emeritus: Nelson Mandela University

Abstract:- The study aimed to investigate culture of agencies must closely examine their policies, reward systems,
accountability in law enforcement, which is of particular and training to ensure that their agency fosters a culture of
importance. Police departments need to create a system of firm ethical values. Entrenched police attitudes can impede
internal checks and balances to make sure officers carry professionalism by encouraging promotions based on
out their duties properly and act with integrity. Police attrition and political affiliation, resisting change, and failing
accountability ensures that officers can work together to appreciate the value of training.
effectively. They can trust their commanders to make
ethical decisions. They know their fellow officers will put II. POLICE ACCOUNTABILITY
the needs of the department and the public ahead of
personal interests. A culture of accountability in law Accountability is understood to mean the relationship
enforcement also builds trust between the police and the “between the bearer of a right or a legitimate claim and the
community. The public holds the police to high standards. agents or agencies responsible for fulfilling or respecting that
When police violate the rules, they break public trust and right”. This means that a government must be able to execute
lose credibility. This ultimately makes policing more its mandate, and indeed explain how it did so. The point has
difficult, as people are unlikely to cooperate with police if also been made that the normal features of a democracy (eg
they don’t trust them. The second aim of the study was to multi-party elections and universal suffrage) are necessary,
investigate oversight and integrity in the police. The third but not sufficient to ensure healthy accountability between
aim is to identify how the levels of police professionalism citizens and the government. Democratic elections therefore
within the South African Police Service could be do not make for clean government and new democracies
improved. A literature review on adult learning, training remain haunted by human rights violations, nepotism and
and development, as well as SAPS professionalism, was corruption, which do not disappear with the advent of
conducted. democratic elections.

Keywords:- Police Accountability, Police, Oversight, Police Effective police accountability involves identifying and
Integrity, Police Professionalism; South African Police punishing those who have committed misconduct, and
Service ensuring accountability after the act. Because police officers
act on the basis of directives, accountability includes
I. INTRODUCTION responsibility for the direction, control or diligence exercised
before and during operations to ensure observance of the law
Professionalism is the aim, conduct or qualities that and policies and of human rights. This is known as
characterize a vocation that requires advanced training in accountability before the act, which also includes the notion
some liberal art or science. It is characterized by service to that the police are acting in accordance with the stated
others, assessment of the client’s needs, practice as well as requirements of the general public or their representatives. In
ethical conduct. Many confuse the term especially when it other words, effective accountability involves: "Guidance for
comes to law enforcement with a soft image, cool, aloof the police on what to do and how to do it (before the act)"
officer with no feeling, crisp uniform, and using high tech as Supervision of the police and awareness of the need for
an expert at fighting crime. Responsibility on the other hand accountability (during the act) "Remedying improper police
is defined as assuming accountability for an action, task or a actions and omissions (after the act)" Feedback and
decision. Professionalism in the police force has several opportunities to reflect on lessons learned (after the act).
positive impacts that include good service to the public, better
pay for the constables, ethical conduct, strong community Given that accountability includes responsibility for
support as well as respect and a stronger role in a Criminal giving directions and preparing police officers for their work,
Justice System. In ethics, the aspect that matters is doing it follows that accountability is not limited to the actions of
things in the rightful way irrespective of the individual in individual officers but applies to supervisors as well as the
question. Police officers as law enforces must safeguard the agency as a whole. Misconduct is seldom restricted to one
public's trust to perform their jobs effectively. Because individual. Supervisors need to be aware of the conduct of
ethical conduct greatly impacts public trust, law enforcement those under their command and are responsible for it, as are

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their supervisors, in turn. Accountability also means that the public and independent accountability are redundant.
police as a whole need to be accountable to society at large Unfortunately, the assumption is questionable, as there is
for their success in maintaining order and security and in ample evidence that oversight actors representing the
controlling crime in a cost-effective way and with integrity. executive tend to be biased towards State actors (including
the police) and, as a result, tend to find it difficult to take a
In all countries, the police are accountable to the line of critical standpoint. This may even include such impartial and
command within the police force and also to external independent institutions as judges who in some countries are
authorities, usually, at a minimum, the minister of the interior in fact closer to the executive, instead of being fully
and/or the prime minister (who can command the police), the independent in other words, in practice, international
judiciary (whose verdicts and other orders the police have to prosecutors and mayors alike, and sometimes even judges, as
comply with) and the legislature (which drafts laws and well as Ministries of the Interior, tend to rely on the police’s
approves the police budget); and there is often a national judgement and are reluctant to scrutinize them. Indeed, even
human rights institution that plays a role in police oversight. if officers are implicated in criminal cases, they are rarely
Offices of the auditor-general may also exercise financial criminally prosecuted let alone tried.
oversight over the police. Additionally, in some countries, the
police have to report to and cooperate with independent and III. MANDATES OF INDEPENDENT POLICE
civilian oversight bodies. Accountability is in fact a OVERSIGHT AND COMPLAINTS BODIES
“conglomerate of processes” in which different actors share
responsibility: Independent police oversight bodies as they currently
exist have different mandates. Some focus on receiving,
 Internal accountability is assured through an effective investigating and/or recording complaints; some have general
internal chain of command that includes the reporting oversight functions (over police performance in general,
system and internal disciplinary system. usually without focusing on specific cases); some provide
 Accountability to the State can be divided among the three policy guidance for police deployment; some mandates focus
branches of Government: on personnel issues, usually specifically focusing on the
 The executive. The police are accountable to the selection and appointment of the national chief of police;
government department responsible, usually the Ministry some mandates focus on oversight over police detention and
of the Interior, and to the auditor for spending the police some have a mandate combining some or all of these
budget and resource allocation. functions.
 "The judiciary. The police are accountable to the law and
to judges and prosecutors (this is also known as legal Independent police oversight bodies have several
accountability). mandates:
 "The legislature. The police are accountable to the public  Dealing with complaints.
through their representatives in parliament and the city  General oversight: operational and policy compliance
council (also called democratic or political review.
accountability).  Direction-setting: policy input and priority-setting.
 Public accountability is any mechanism through which  Personnel management issues: “hiring and firing”.
police are accountable to the public either directly or  Oversight over detention facilities.
indirectly, including community policing forums, civilian
oversight boards and the media (use of such mechanisms Dealing with complaints and general oversight are
is also known as “civilian oversight”). evaluation functions aimed at correcting or punishing
 Independent accountability refers to any mechanism misconduct while direction-setting and personnel
that does not represent a particular entity, State or civilian, management are functions aimed at providing guidance and
and whose prime concern is the quality and non- preventing misconduct. Oversight of detention facilities is a
arbitrariness of policing, such as a national human rights combination of evaluation after operations and giving
institution, ombudsmen, police complaints commissions directions beforehand. The evaluations resulting from dealing
and bodies (this is also known as civilian oversight). with complaints and general oversight also provide input for
 International accountability refers to the international new procedures and policies aimed at preventing a recurrence
scrutiny that police may be subjected to by international of problems in the future. A single independent body may
human rights treaty bodies such as the South African perform all five functions, or the complaints may be handled
Human Rights Commission for the Prevention of Torture, by a specialized oversight body. In any case, for effective
and in some instances also to specific agreements on police accountability, it is essential that an independent body
oversight laid down in peace accords and other is mandated to deal with complaints against the police.
agreements. Various models are used for oversight bodies whose mandate
is only to deal with complaints but in South Africa the "
In many countries, police accountability is limited to Investigative and quality assurance models are used and the
internal and State accountability, and hence to State-related Independent Complain Directorate (ICD) investigate all cases
institutions. The State is often believed to be best placed to against the South African Police Service. The Independent
serve the public interest: the executive is seen as neutral, with Complaints Directorate (ICD) was established and
the judiciary providing independent oversight and the implemented under the 1995 South African Police Service
legislature representing the public. Thus, it is argued that Act. ICD has a presence in nine policing areas in the country.

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Mandate: The South African Police Service Act thought of as ‘the normative inclination among police to resist
stipulates that ICD shall investigate any death in police temptations to abuse the rights and privileges of their
custody or as a result of police action; may investigate any occupation’ (Klockars, Kutnjak Ivkovic, and Haberfeld,
misconduct or offence allegedly committed by a South 2006: 1).
African Police Service member; and may, where appropriate,
refer such an investigation to the Commissioner concerned. This definition of integrity used by Klockars and
Additionally, in 1998, ICD was tasked to monitor the colleagues has five components:
implementation of the Domestic Violence Act and to present  It is normative: that is to say it concerns beliefs, not just
a biannual report to parliament on incidents of non- conduct; it is morally charged in that it is explicitly about
compliance by the police, which it should also investigate. ‘right’ and ‘wrong’; and, it combines a belief with an
ICD is primarily an investigation department that is less accordance to behave in line with that belief.
active in the areas of monitoring and oversight. It investigates  It involves an inclination to resist: it acknowledges that it
the more serious cases and refers the remaining complaints to is only one source of resistance to misconduct, but it is
the police for investigation. These can then be overseen by likely to exert some pressure.
ICD. Also, an ICD investigation does not prevent the police  It focuses on ‘police’ rather than ‘police officer’ or
from carrying out their own investigations. ‘officer’ because it is not reducible to the characteristics
Recommendations by ICD are not mandatory. ICD of individuals but, rather, can also be a characteristic of
investigators are conferred with policing powers and enjoy groups and organisations.
the same powers as members of the South African Police  By focusing on temptation it draws attention to the
Service. They can conduct independent investigations and different environments in which police operate and makes
make recommendations for criminal prosecution or these crucial to understanding conduct.
disciplinary action. They have search and seizure powers and  At its core lies the notion of abuse, recognising that
can make arrests (with or without a warrant). They can also corruption is not innocent or defensible and cannot have
use South African Police Service detention facilities. ‘noble’ causes.
These share responsibility for investigations into  Codes of conduct
allegations of misconduct with the police. They usually deal Laws set the framework in which police are to operate,
only with certain types of complaint and more serious and international law sets the framework for national
complaints. Under the complaints structure sometimes legislation. The legislative branch of Government is
referred to as the “post box” model, the independent body can responsible for ensuring that domestic legislation is in
receive the complaint and refer it to the police, but cannot accordance with international law and the Ministry of the
investigate or make recommendations. Some of the review Interior and the police are responsible for ensuring that policy
and appellate models are perceived by the public as “post guidelines and standard operational procedures accord with
boxes” only, thus hindering their effectiveness. Although in the spirit of the law. Some codes formulate values to guide
general it is considered good practice for the independent police conduct aspiring to the highest ethical standards (for
body to have investigative powers and the capacity to initiate example: “a police officer is always honest”), while others
an investigation, this does not mean that it needs to contain concrete “do’s” and “don’ts” (for example, a police
investigate all complaints. It is considered good practice for officer must not accept gifts for carrying out his normal
it to investigate serious complaints only and monitor the rest. duties) that can be used as a benchmark for disciplinary
In principle, the independent body must investigate all deaths proceedings. Restrictive codes often state precisely which
and serious injuries suffered in police detention or as a result behaviours officers must practice or avoid. An example is the
of police action; arguably, any use of lethal force (firearms) Code of Conduct for Law Enforcement Officials. Such codes
must always be investigated independently. It must be of conduct often incorporate articles from other regulations,
mandatory for the police to report these incidents to the standard operational procedures and laws. In fact, they tend
independent body, and the investigation must commence to summarize articles relevant to police work.
immediately upon receipt of a complaint involving an
allegation that could lead to criminal or disciplinary Values guiding professional conduct, such as honesty,
outcomes. integrity, non-discrimination and respect for human rights
must obviously be at the heart of every code. In post-conflict
IV. PRESERVING AND ENHANCING POLICE situations, it may be helpful if the code includes specific
INTEGRITY references to the prohibition of gender-based violence and the
promotion of inter-ethnic cooperation and respect for the rule
For police to be able to carry out their job fairly and of law. These issues need to be regulated, whether as part of
effectively, the necessary conditions, including guidelines a code or through another statutory process:
and codes of conduct, well-prepared police staff and good  Standards relating to police management;
working conditions, need to be in place. However, not all of
 Standards on the use of police powers, most notably the
the elements are resource intensive, such as a code of conduct use of force and the power to arrest and detain;
that supports officers in their work by helping them to achieve
 Standards of conduct when carrying out policing tasks not
professional judgement, training that prepares recruits for the
requiring the use of police powers;
future rather than preserving conservative values and
recruitment from a representative pool. Police integrity is best  Standards relating to engaging the public;

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 Standards related to the use of information (privacy form, professions had exclusive occupational control
issues, confidentiality of information and whistle- (Noordegraaf, 2007). They are able to gain status and
blowing); effectiveness by establishing themselves as distinctive groups
 Standards related to the acceptance of gifts and/or money; within a stratified society and controlling the content of
 Standards of conduct related to conduct among colleague; knowledge that defines them as professionals (Noordegraaf,
 Standards of conduct when off-duty (for example, relating 2007). In theory, professionalism and professionalisation
to whether side jobs are accepted and how these are to be centre on how knowledge or skill is used by its owners as
reported;. leverage and social capital (Torstendahl, 1990). In practice,
 Standards on dealing with misconduct (reporting some professions create exclusive shelters in the labour
misconduct, investigating misconduct, procedural rules market and ultimately acquire their own status categories in
for disciplinary and criminal proceedings); official classification systems (Brint, 1994).
 Standards on receiving, recording and investigating
complaints by members of the public. VI. PROFESSIONAL ATTRIBUTES AND
CHARACTERISTICS
V. POLICE PROFESSIONALISM
Various attributes are associated with professions and
Professionalism in the police force has several positive professionals. They include: knowledge through advanced
impacts that include good service to the public, better pay for training and education; testing, official certification, or
the constables, ethical conduct, strong community support as licensing that reflects the mastery of knowledge or
well as respect and a stronger role in a Criminal Justice professional training; a service orientation or humanitarian
System. In ethics, the aspect that matters is doing things in approach in the application of this knowledge; discretion and
the rightful way irrespective of the individual in question. autonomy or freedom from lay control in carrying out this
College-educated officers appear to be more analytical, hence power or occupational role; self-regulation, peer evaluation,
they are more objective with the public” (1989:76). Paul and normative values; a code of ethics regulating conduct and
Strong says that, “this type of training increases and builds relations with clients and colleagues; and organisational
integrity in the officers and promotes the ethical standards cultures that support the aforementioned attributes
they are expected to uphold” (2005:70). According to Travis, (Beckman, 1990; Blumer, 1966; Greenwood, 1957; Haug,
there are certain factors that are characteristic of police 1973; Moore, 1970). Consequently, professions are
professionalism (1997:15). These factors include justice, recognised as knowledge systems consisting of problem
wisdom or rather prudence, courage as well as ones’ sense of solvers who are deferred to and are wielders of authority and
responsibility. When one is arrested, the decisions governing autonomy as a result of their professionalism and
law enforcement, prosecution and passing of a judgment are professionalisation of their occupational field (Beckman,
made using the guide of what is right and just for the people 1990; Torstendahl, 1990).
or person in question.
Griffin (1998), for example, identified five ingredients
The concepts of professionalism and to police professionalism: integrity, intellect, initiative,
professionalisation have evolved in parallel with the industry (i.e. work ethic), and impact (i.e. influence). While
emergence of complex organisations and educational few would challenge the merit of these attributes being
institutions that prepare people to work in them. These exhibited by police officers, this quasi-definition of
concepts are often used interchangeably, but they are not professionalism is clearly not rooted in the relevant
synonyms. Professionalism refers to ‘the conduct, aims, or sociological literature. At best. Griffin's definition and that
qualities that characterize ... a profession’ (Merriam-Webster which emerges from the classical professionalism literature
1995:930). This definition hinges, therefore, on the converge on the tangents and only by coincidence.
distinction between occupations and professions. Moore
(1970) suggested that professions are highly specialised According to Hall, professionalism entails five
occupations in which specialisation is based on a ‘substantive (somewhat similar and somewhat different) criteria. First, the
field of knowledge that the specialist professes to command’ professional depends on organizations as a major referent for
and a ‘technique of production or application of knowledge guiding ideas, standards, and judgments. For example,
over which the specialist claims mastery’ (Moore, 1970:56). professionals depend on journals and meetings as
Professionalisation, on the other hand, is a process (our mechanisms for the maintenance of professional competence
emphasis) that can be seen to occur at several levels of (Snizek, 1972). Hall (1968) then suggests that
analysis. For an occupational field professionalisation is professionalism exudes a firm belief in public service,
understood as the process whereby the field develops primarily visible in the conviction that its occupational
methods of ‘instrumental problem solving made rigorous by services are indispensable for societal well-being. Belief in
the application of scientific theory and technique’ (Scho¨n self-regulation as a requisite is important because it evinces
1983:21). This is the ostensible model of professionalisation the mentality that only colleagues possess the intellectual
to which our analysis responds. Traditionally, the term tools and expertise to judge the merits of decisions and
‘profession’ or ‘professionalism’ implied a ‘monopoly of actions and usually resents intrusion from all others (Hall,
judgment’ (Greenwood, 1957) or ‘monopolies of competence 1968; Snizek, 1972). The fourth requirement is a sense of
and bourgeois ideology’ (Larson, 1977), where in its ‘pure’ calling to the field that is so intense that it commits to a
lifetime of devotion without regard for associated benefits.

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Lastly, the freedom to make decisions without interference power or occupational role; self-regulation, peer evaluation,
from others (outsiders and even employing organizations) is and normative values; a code of ethics regulating conduct and
a hallmark of professionalism. Concerning this belief in relations with clients and colleagues; and organisational
autonomy, however, Crank explains that it is “not illogical for cultures that support the aforementioned attributes
a person to agree that decisions in general and his own (Beckman, 1990; Blumer, 1966; Greenwood, 1957).
decisions in particular are reviewed by others, and yet still Consequently, professions are recognised as knowledge
express confidence in his ability to be his own boss, to use his systems consisting of problem solvers who are deferred to
own judgment, and to make his own decisions . . .” (1990, pp. and are wielders of authority and autonomy as a result of their
409–410). professionalism and professionalisation of their occupational
field (Beckman, 1990; Torstendahl, 1990). In conclusion,
Friedson (2001) argued that professionalism, where the
practitioners hold the knowledge, is essential to enhance Professionalization seeks to clothe a given area with
autonomy and discretion for practitioners allowing them to standards of excellence, to establish rules of conduct, to
retain dominance over the delivery of work. In his report, develop a sense of responsibility, to set criteria for
Neyroud recommended the creation of a professional body, recruitment and training, to ensure a measure of protection
developing a framework of accredited qualifications across for members, to establish collective control over the area, and
the organisation, adopting a code of ethics, and developing a to elevate it to a position of dignity, and social standing in
strong knowledge base dictated by scientific evidence. society (Blumer, 1966: xi).
Recently, the police service in England and Wales has
adopted these traits through establishing the College of IX. COCLUSION
Policing, graduate entry through the Police Qualifications
Education Framework (PEQF), the pursuit of and the Professional fields become increasingly dependent on
adoption of a code of ethics and a strong emphasis on the need shifting external and internal circumstances. This is
to adopt evidence-based policing (Sherman 2013). evidenced through recent shifts within the police service in
South Africa and changes to governance structures, work
VII. CHALLENGES THAT THE POLICE patterns and workforce, increased specialisation and the
ENCOUNTER changing nature and re-location of crime. While this loss of
autonomy was already underway, due to other pressures, such
The police are faced with multiple challenges in their as managerialism, shifts in governance, increased visibility
line of career that range from being rejected by the people in and demand added to the destabilising of occupational
the community they work from to having to stay calm when identity further. The solution to this tends to revert to
faced with a hard situation that can cost them their lives. The traditional values of professionalism as a solution to re-assert
police are known to be crime-fighters and doing dangerous police legitimacy and professional status. What this article
jobs that require them to outsmart the challenge. This can has shown is that recent attempts to ‘re-professionalise’ the
jeopardize the sacred love, peace, unity and harmony of the police in this way through the adoption of particular traits
entire nation. It would obscure the long-term goal of crime have led to continued debates between organisational and
eradication, justice for all and protection of the individual’s professional logics rather than creating an understanding of
right. The sole beneficiary of all these should be the public. professionalism that moves beyond these dichotomies. To
In correction of the perpetrators of the rights of the others, the fully understand the current context of police
police make arrests and forward them to the courts of law professionalism, police accountability, oversight and
without infringing their rights at any one given time during integrity more interdisciplinary research, flexible definitions
the arrest or even thereafter (Liqun, 2011:56). and further empirical enquiry are required.

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