Report on the Public Hearings into the use of Boom Gates and Road Closures

The South African Human Rights Commission today said although it did not find the use of boom gates and road closures ordinarily unconstitutional, it did not support the use of such security measures.

This was the conclusion of the Commission in its report on the use of boom gates and road closures, which was launched today.

Following the receipt of many complaints, the Commission embarked upon a process to hold Public Hearings at its offices in September last year.

The hearings were well attended by many who expressed their diverse views on the issue.

South African Human Rights Commission Chairperson, Jody Kollapen said today: "Those who argued for such measures justified these restrictions by invariably citing the high levels of crime, and that it enabled communities to be pro-active in taking measures to protect themselves.

“However, there was no agreement amongst those who came forward that these security restrictions resulted in lower levels of crime - the evidence presented at the hearings fundamentally challenged this proposition.

“Those who were opposed to road closures argued that the notion of an open city and of citizens being able to move around freely, as well as the commitment that South Africa belongs to all who live in it, united in diversity, was undermined by the use of boom gates that effectively created no-go areas.”

Kollapen said the Commission was concerned with the spectre of a multitude of neighbourhoods becoming closed areas.

Following the submission of oral and written submissions, the Commission made the following Findings and Recommendations:

1. The Commission does not generally support the use of boom gates and gated communities. The Commission is of the view that based on the information it has, these measures cause social division, dysfunctional cities and lead to the further polarisation of our society. In addition, the proposed benefits they bring by way of enhanced safety and security are in doubt and the subject of considerable debate.

2. The Commission finds that the use of road closures/boom gates has the potential to and does indeed in practice violate a number of rights as indicated in the Report. While such infringement of rights in most instances occurs in violation of the policy of the local authority, there was little recourse for those whose rights had been violated. Evidence remains inconclusive that the use of alternative measures for safety and security had been sufficiently explored.

3. The Commission takes cognisance of the fact that legislation such as the Gauteng Local Rationalisation of Government Affairs Act 10 of 1998 does indeed provide for access restrictions, including road closures. It also notes with concern that notwithstanding the existence of relatively strict conditions normally attached to an approved closure (eg. a commitment to free and unhindered access) there was considerable evidence of non-compliance with such conditions coupled with an inability, due mainly to capacity and practical difficulties, to effectively monitor compliance. The consequence accordingly was that a breach or non-compliance with such conditions was not visited with any sanction or adverse consequence.

4. Responding effectively to the phenomena of crime and violence does indeed require closer co-operation between the State and citizens, and therefore the Commission encourages continued community efforts in liaison with the authorities, to make communities safer. More resources for policing, greater police presence and visibility, effective community police forums and effective police response to the needs of the community will all contribute to making a difference.

5. The Commission, even though satisfied that a legal basis does exist for security access restrictions, including boom gates and road closures, urges local authorities and communities to consider and exhaust alternate access restrictions, including guards and guard houses, traffic calming measures and closed circuit television.

For more information contact:
Nazma Dreyer
Tel: 011 484 8300 ext 2243
Mobile: 083 384  6088