Warnings, Exclusions, Limitations (and Listing)
14 April 2025
Introduction
The civic life of AfrikaBurn in Tankwa Town and other places we co-create are not utopian. There are occasions where default life impacts the spaces in which we strive to invent the world anew. Over the years of community building, the Civic Responsibilities have emerged as three centres of care:
- People – ourselves and others
- Culture – the principles in practise
- Property – the resources base
Over the many years of community building through the AfrikaBurn event, the organisers Afrika Burns Creative Projects have had to manage a variety of negative incidents that have been harmful to people, have posed risk or caused harm to our culture, and involved damage to or theft of property.
The organisation’s response to incidents under this policy is therefore informed by a duty of care, to minimise or remove imminent and evident risk of harm to people, culture or property.
It is recognized that within a culture of experimentation, infractions will occur. Some people may have differing understandings of care to ours and harm can sometimes arise without malice. Our responses are therefore intended to be as proportionate as possible.
This policy & process is considered iterative on those that have gone before, and will no doubt be further refined in future.
The WELL process represents an escalation in the organisation’s involvement where other actions or interactions between community members, volunteers, committees, suppliers, service providers or the organisation (or any combination thereof) may have failed or proved inadequate in addressing the situation.
Type of complaint | Information gathering & investigation by | Outcome by: | Oversight & Appeals | Reported to |
Harm to People | The appropriate team scope: Health Services Coordinator Psych Support Ops Manager Site Manager Security, Rangers
If STAR- as per STAR policy If Psych Support: | Exco:
represented by an ED with appropriate team
Per STAR Policy
Per consult with Support for assessment, actions, risks and outcomes | EDs (to be determined on case by case basis) | High Level report to Exco per case
Summary of all cases to Directors |
Risk to Culture | By relevant portfolio Site Manager Ops Manager | Exco | CultCom | Directors |
Loss or Damage to Property | Operations Manager Site Manager | Exco | RiskCom | Directors |
Types of Incidents and Community Issues
The following categories encompass examples of a wide range of incidents, of differing severity and immediacy of risk. This informs their handling and guides the related decisions.
Warnings, exclusions and limitations are processed according to whether they are:
1. Harm to people
1.1 Examples of Harm to self:
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1.2 Examples of Harm to others:
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2. Risk to culture
2.1 Principles
2.2 General Soliciting or vending on site Drug dealing on site |
3. Damage to (theft of) Property
Examples:
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These are not exhaustive examples and it is recognised that it is very possible and indeed likely, that a single incident will incorporate more than one of these broad remits. Therefore, each incident is dealt with on a case by case basis involving the inputs of those closest on the ground.
Where there is evidence or complaint of STAR, STAR process takes precedence.
Processing of complaints and incidents
All incidents reported on site are attended to by operational teams and processed according to the Standard Operating Procedure, and logged at the Venue Operations Centre.
Where a governance response is required, Directors are in attendance for input in decision making processes.
If an incident directly involves an employee of AfrikaBurn (as complainant or respondent), there may be a point in the process where a different set of steps kicks in to address specific HR, disciplinary or human welfare requirements.
All incident reports involving an employee will involve a secondary process.
Recording and maintenance of personal data
Records will be kept of all Warnings, Exclusions and Limitations issued with the participants name, ID number, email address and cell phone number where known with a concise explanation of the incident and the sanction. This complete list of individuals sanctioned for challenging behaviour that includes Warnings, Exclusions and Limitations is maintained confidentially and overseen by the EDs and the WELL team. Personal details will be held on the confidential list in order to ensure institutional knowledge is retained.
Annually, and at appropriate intervals during the ticket sale lifecycle, an updated list containing personal details, but not details of the incident, will be supplied to the Box Office for the purposes of prevention of ticket purchase and entry to the event, where applicable. Where a potential or confirmed participant is on a watch list and the organisation requires a positive ID, images will additionally be shared with the Ticketing /Box Office Lead to monitor entry.
Where portfolios have excluded volunteers for inappropriate behaviour there is a requirement to collect and relay data within the organisation, as individuals may show up as part of other groupings.
Investigation
- Following the processing and investigating of a complaint or incident during an AfrikaBurn event according to the SOPs, a post-event investigation may be conducted. It is also noted that some complaints will only be raised after an event.
- Investigation of an incident of Harm to people will be conducted by appropriate and relevant members of the WELL team, Medical Team and or STAR team, who will identify scope. This process is overseen by an ED representing Exco.
- An incident of Risk to culture, will be investigated by an appropriate and relevant cross portfolio team, who will define scope, and report data points, evidence and recommendations to Exco for review. This process is overseen by Exco.
- An incident involving Damage to (theft of) property will be investigated by an appropriate and relevant cross portfolio team with our security providers, who will define the scope. Any data points, evidence and recommendations will be provided to Exco for review. This process is overseen by Exco.
- When an investigation is carried over post-event, it is intended, as far as is reasonably possible, that Exco concludes all reviews between 1 June and 31 August and makes decisions and recommendations ahead of the ticketing season.
- Where criminal charges are pursued or a case is complex, this timeline may not be possible.
Notifying the Respondent
- Completion of the incident report includes ensuring the respondent is informed of the complaint with as much information as is reasonably possible, and has a right of reply to the complaint/allegations. This aims to provide a fair opportunity for response.
The participant is notified of the complaint: - Telephonically or in person
- in writing via email
- The respondent may be invited to meet with the relevant organisation representatives.
Right of Reply
- The respondent has 1 month within which to reply to the complaint from the date on which they’re notified.
- Reply may be discussed in person but must be conveyed in writing in order to be fairly represented on record.
- Reply may be supplemented by in-person discussion but discussion will not be the primary record or reference.
- The respondent’s reply is taken into consideration before an outcome is determined and communicated.
- Note: The content of the participant’s reply may require confirmation and subsequent discussion with involved parties.
- The right to reply is not the same as an appeal (see ‘Appeals’ below).
- Once a reply has been received from a respondent, a ‘receipt of reply’ will be conveyed by the relevant party on behalf of AfrikaBurn within 5 working days.
- The organisation will then seek to determine and convey the outcome of the WELL process by end October if the reply has been timeously received.
- A reply received later than September may encounter unavoidable delays in response and resolution.
Courses of action
Courses of action are informed by the relevant parties (portfolio leads and relevant team) but the outcome is reached by Exco or by WELL or STAR. Outcomes regarding any exclusion or limitation are not reached in isolation by any individual or portfolio. The following are examples of courses of action.
Warning
- Written concerns regarding good standing, remedial action necessary and monitoring thereof addressed to:
- an individual
- a creative crew/project lead
- a registered supplier
Exclusions
- Temporary exclusion of an individual with a time limit
- Indefinite exclusion of an individual pending remedial action
- Lifetime exclusion of an individual
Limitations
- Removal of individual from portfolio volunteering (e.g.Rangers, Sanctuary, DPW)
- Restriction of access to certain areas – e.g. Mess
- Suspension of theme camp pending remedial action
- Revocation of commercialised creative content
- Removal of opportunity to lead funded or registered projects
- Accountability agreements – e.g. around wellbeing commitments
Appeals
- Outcomes reached – and the measures determined – through the WELL process may be appealed.
- Appeals may be brought by the participant who is the subject of complaint.
- In the interests of effective and timeous outcomes, the appeal process consists of one appeal only per incident.
- Notice of intent to appeal should be received by the organisation not longer than 1 month after notification of outcomes.
- The appeals process rests primarily on new information or perspectives being brought forth.
- Repeating the same information and perspectives as contained in the initial reply – and therefore already reasonably considered by the organisation – doesn’t constitute grounds for appeal and may lead to an appeal being dismissed or not successful.
- A genuine forthcoming apology by the respondent, is welcome as part of the journey towards repair, but can not be the sole basis for the granting of an appeal. The respondent will be provided with a reply.
- A respondent is welcome to provide feedback regarding the process, however this will not necessarily constitute grounds for an appeal. The respondent will be provided with a reply.
- Regarding Harm to people, appeals to be directed to [email protected] or [email protected] who will convene an appropriate review panel.
- Regarding Risk to culture to Exco@ whereby Exco will provide all documentation to the Board’s Culture and Ethics Subcommittee (Cultcom) to convene a review panel involving individuals across the organisation.
- Regarding Damage to (theft of) property to Exco@ whereby Operations will convene a review panel involving external providers as required.
- Ultimately everyone has a ticket to enter AfrikaBurn including all crew and, therefore, everyone is bound by the event disclaimer which states: “AfrikaBurn reserves the right to revoke your licence to attend”.
External inquiries and investigations
Where SAPS is investigating a criminal case or participants mount civil cases the point of contact with the organisation is through the Executive Director/s.
