Why sending in the army is a bad idea

Premier Helen Zille has called on president Jacob Zuma to send the army into trouble hotspots Lavender Hill and Hanover Park.

"By authorising the temporary employment of the SANDF into Hanover Park and Lavender Hill, a space will be created for the SAPS to do their jobs more effectively, which is to ensure that gang members behind these violent acts are caught and brought to justice" (from IOL)

Calling the army in to "create a space" for the police to do their work is a bad idea. What does "creating space" involve. Section 19 of the Defence Act requires a code of conduct the army are supposed to follow. The premier is expecting the president and minister of defence to come up with a code of conduct without first having answered the easy questions.
 

What is the army going to be authorised to do that an ordinary citizen is not allowed to? Will they have the right to search people without reasonable suspicion? Will they have the right to search peoples cars and homes without warrants? When will they be authorised to use their weapons? What level of immunity from criminal prosecution will the enjoy for their actions? What level of civil immunity will they have for their actions? Will the actions of the military be restricted only to the neighbourhoods of Lavender Hill and Hanover Park? Will the army be authorised to chase a suspect beyond the physical bounds of the proposed area? 100m? 2km? 10km? How about having a shoot out in the middle of Adderley Street?

Can we expect the military to be restrained as the Police are meant to be? Section 13 of the Police Act requires that the police use minimum violence when doing their work. The military have no such constraints. The military have no training in crime fighting per se. The army are essentially well disciplined thugs with guns. What is the role of the army here other than to intimidate citizens with might is right 

Calling the army in because the police have been unable to stops gangs are fighting each other smacks of desperation. The premier still has to explain why the gangs are fighting. Simplistic answers like "drugs" and "territory won't do". The premier is of the opinion that the police hammer is too small to crack this nut so the army sledgehammer is required.

The constitution is remarkably weak regarding the active deployment of the military on home soil. This is surprising considering the use of the SADF by the old government to suppress the population and the possibility of a repeat. Thinking it might not happen again is based on the faulty assumption that the people in charge are always going to be good people. It is not inconceivable that a "movement of the poor" springs up, started organising resistance to the state and the military will be deployed to "restore order".

If things really were that bad would Police Minister Nathi Mthetwa visit the victims of these crimes in an area where things are out of control? If things really are as bad as the Premier makes out the answer would simply be MORE police. Councillor JP Smith raid that the people of Khayelitsha weren't getting more police because they didn't pay rates. I wonder if the same goes for the people of Lavender Hill and Hanover Park?