Monday, August 27, 2012

IS THE REFORMED POLICE REALLY REFORMED?


For some years now, the Malawi police have been undergoing some serious reforms. Although there are still reports of police abuse and brutality, there is strong evidence that suggest that the Malawi police has indeed managed to transform itself from a force to a service. For instance, it is common nowadays to see the police working with ordinary people to address incidences of crime.

The police have even gone further in their citizen engagement through the establishment of the community policing arm and the victim support units. However, while the police continue with efforts to further get reformed, I am of the opinion that the Malawi police needs to seriously look beyond reforming its officers. The police should also seriously consider reflecting on the police reform as wholesome package and not simply as a part of human reforms if their efforts to reform are to be complete.

It is clear, that the police reform program is there to improve police accountability and also to demonstrate the police’s resolve to upholding the rule of law even within the police ranks. It is however very disheartening, that while the police is good at enforcing certain elements of the law, they are also in certain aspects, the worst culprits in terms of breaking the same law they are supposed to enforce.

For example, one of the laws that the police never mind breaking is the Road Traffic Act (RTA). For instance, while the police insist that we always travel in roadworthy vehicles and adhere to Road Traffic Rules, which are regulated by the Police as well, many are the times when un-road worthy police vehicles have been spotted on the roads.

It is very sad- although common to see police vehicles being driven on worn out tyres and some even without proper lights(Even in the dark hours).  It is also clear, that many a times, the police deliberately ignore the Road Traffic Act (RTA) by continuously exceeding their vehicles’ carrying capacity.  This is especially common when the officers are travelling to public or presidential functions. Then there are police drivers who drive their vehicles with little regard to other road users. Drivers who rarely stop at traffic lights even when the lights do not allow them to proceed. Given all this scenarios, one is naturally inclined to ask; Do police vehicles ever go for fitness certification? If they do, are they ever subjected to the same tests and standards as all of us?

One then wonders whether Malawi has two sets of traffic laws; One that applies to the ordinary citizen and another that applies to police officers. The tendency of the Malawi police officers to contemptuously ignore the RTA, is especially very worrying when one thinks of what picture the police are giving to the general population on road safety. It is very hard for one to understand, why one should respect the traffic laws when the police who are supposed to enforce the same seem not to care about them.

 While it may be argued that this happens because the police does not have enough vehicles, it is worth noting that travelling in overloaded vehicles or other un-roadworthy vehicles is against the law, and cannot be justified by such reasoning. In fact, it is big risk not only to the police officer but also to other road users.  It is a known fact that the police do not only exist to enforce the laws but also to protect life and property. Therefore, by using vehicles that do not have proper lights or have worn out tyres, the police defeat the very reason for their existence as they place other road users and other people’s property at risk should they (the police) get involved in an accident.

The reformed police therefore must not end at ending the brutality or the extra judicial killings. The reformed police must also focus on attitude change and strive to be seen as always upholding the rule of law.  The police needs to realize that it is only when they are able to live by example that people will be able to take their messages seriously.

For instance, it is very difficult for other motorists to adhere to the traffic act on the use of good vehicle tyres when the police are shamelessly driving vehicles with worn out tyres Telling one to stop behaving or using a certain type of thing while you are using the same, is to say the least hypocritical. The police need to build trust in the people they are serving if they are to be able to easily enforce the laws. By being hypocritical, the Malawi police risk breaching this trust hence their attempts to enforce the laws may at worst be interpreted by some as being motivated by greed and brutality despite it being based on genuine concerns.

The police therefore need not to live like false prophets who tell people to live as they preach and not as they do. They need to be professional and always be exemplary in what they do if they are to be taken seriously. Police reform can only meaningful if the police are ready to show commitment to respect the laws by making themselves a subject to those laws and not merely being an enforcement agency that chooses which laws to apply on itself and which ones not to apply. The police should not exempt themselves from the application of the law but rather should learn to live under the same laws as any other Malawian. The onus then is on the MPS to show the public how serious they are by making sure that their equipment, more especially the police vehicles are fit to be on the roads and those vehicles which will be deemed unfit should not be allowed on the roads. 

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