Report of the Portfolio Committee on Safety and Security on the Strategic Planning workshop held in Caledon on 1 to 3 February 2005.

The Portfolio Committee on Safety and Security, having conducted a workshop on the Strategic Planning in Caledon on 1 to 3 February 2005, reports as follows:

1. Background

The Portfolio Committee on Safety and Security (hereinafter the Portfolio Committee) hosted a strategic planning workshop, together with the Select Committee on Security and Justice, relevant Standing Committees in the provinces, as well as the Members of the Executive Councils (MECs) from the nine Provinces. External Agencies tasked with oversight of the security sector were also invited to make presentations to the workshop. Opening remarks delivered by the Chairperson of the Portfolio Committee, the Honourable M. Sotyu, indicated that the workshop emanated from oversight visits conducted by the Portfolio Committee to various Provinces during which a need for a meeting between all the stakeholders responsible for oversight of the South African Police Service (SAPS) was identified. The purpose of such a meeting would be to gain a common understanding of the different roles that the various stakeholders play with regard to oversight of the SAPS and to find ways to co-ordinate their activities.

To this end, the stated objectives of the workshop were to:

The workshop focused on three topics, namely:

The workshop was conducted by way of presentations by stakeholders in the security sector, followed by breakaway commissions to discuss issues relating to the respective roles and functions of the Portfolio Committee, the Select Committee and the 9 MECs; protocols for submitting reports, responding to and following up on recommendations emanating from reports; and interaction with agencies in the security sector (such as the ICD, SAPS, the Secretariat for Safety and Security, etc.).

2. Presentations by Role-players in the Safety and Security Sector

A number of role-players presented to the workshop. These included the SAPS, the ICD, the Institute for Security Studies (ISS), the Secretariat for Safety and Security, the State Information Technology Agency (SITA), the Department for Provincial and Local Government, the South African Human Rights Commission, the National Prosecuting Authority (NPA), and the Centre for the Study of Violence and Reconciliation (CSVR), as well as a representative on behalf of community police forums. The Minister for Safety and Security, the Honourable C. Nqakula, also addressed workshop highlighting some of the contentious issues that the security sector faces at present. Accordingly, this section provides a brief overview of each presentation, focusing on the main challenges highlighted during the presentations.

2.1 The Minister for Safety and Security

The Minister called for close co-operation between Parliament, the Ministry for Safety and Security and the SAPS, as Parliament constitutes the most organised form of oversight over the police service. To this end, the Minister committed both the Ministry and the Department of Safety and Security to be available at all times to the Committee in order to strategise around the prevention and combating of crime. Other issues of concern highlighted by the Minister include:

2.2 The Independent Complaints Directorate (ICD)

The ICD was established in April 1997 to investigate complaints of brutality, criminality and misconduct against members of the SAPS and the Municipal Police Service (MPS). It operates independently from the SAPS in the effective and efficient investigation of alleged misconduct and criminality by SAPS members. Its mission is to promote proper police conduct.

The key challenges faced by the ICD include:

Future plans that the ICD will embark upon to address these challenges include:

2.3 The Secretariat for Safety and Security

The Secretariat for Safety and Security’s mission is to ensure effective civilian oversight of the SAPS through monitoring and evaluating the functioning of the Service and the provision of legal and policy advice to the Minister for Safety and Security, as well as to provide the Minister with administrative and communication support.

The Secretariat derives its mandate from the Constitution; the SAPS Act; the White Paper on Safety and Security (1998); Presidential and Ministerial addresses and speeches; Ministerial directives and government policy documents. Key challenges highlighted by the Secretariat during its presentation include:

Future programmes highlighted by the Secretariat focus on three areas, namely social crime prevention, public education and civilian oversight.

2.4 The South African Police Services (SAPS)

The SAPS briefed the workshop on its Organizational Performance Measurement System (i.e. the Performance Chart), which has been developed to reflect the achievement of the SAPS’ mission and the accomplishment of targeted results. The Performance Chart is a web-based application that is available on the SAPS intranet. All police stations have access to the system. The Performance Chart is based on a 5-star rating system with 1 representing unacceptable performance and 5 representing excellent performance.

The Performance Chart is an internal management tool that:

2.5 The South African Human Rights Commission

The South African Human Rights Commission (hereinafter the Commission) derives its powers from section 184 of the Constitution and the South African Human Rights Commission Act. The functions of the Commission are to promote respect for human rights and a culture of human rights; promote the protection, development and attainment of human rights; and to monitor and assess the observance of human rights in the country. To this end, the Constitution empowers the Commission to investigate and to report on the observance of human rights; take steps to secure appropriate redress where human rights have been violated; conduct research; and educate people about their human rights. The Commission also has the duty to monitor the implementation of socio-economic rights, such as housing, health and education, by government departments.

During its presentation, the Commission highlighted the following problem areas encountered by it with regard to the SAPS:

The presentation also proposed some strategies to ensure effective policing within a human rights framework, including:

2.6 The State Information Technology Agency (SITA)

The State Information Technology Agency (SITA) was established in terms of the SITA Act 88 of 1998 to provide information technology, information systems and related services; maintain information systems security; and to act as a procurement agency of the South African Government. A subsequent amendment to the Act in 2002, specified the objectives of SITA as being to improve service delivery to the public by providing information technology (IT), information systems and related services; and to promote the efficiency of departments and public bodies through the use of IT.

Currently, SITA provides IT services to the SAPS, which include centralised data processing, corporate databases, training, application development and management and specialised consulting services. Future programmes planned for the 2005 and 2006 financial years include the development of a Laboratory Information Management System, Integrated Ballistics Information Systems, Local Criminal Record Centre Systems, a new Firearm System, the implementation of the Crime Administration System and the replacement of End User Equipment.

Challenges highlighted by SITA include:

As a way forward, the organisation proposed that its role be expanded from being merely supportive to include an advisory role. Furthermore, services aimed at crime prevention should be integrated and technology and architecture should be standardised, both internally and externally.

2.7 Centre for the Study of Violence and Reconciliation (CSVR)

The CSVR is a non-profit public interest organization, established in 1989. The Criminal Justice Programme conducts research on policy, strategy, development, training, facilitation and public awareness on policing & police reform in South Africa. Key focus areas include:

2.7.1 Civilian Oversight at the Local Government Level:

Local level structures are part of the broader oversight system (including executive and legislative structures, the ICD, Public Protector, Human Rights Commission etc.) The most direct and ongoing form of civilian oversight is exercised at city level through council committees. Cities are responsible for the budgets of Metro Police Departments (MPDs) and are beneficiaries of income (fines, licensing fees, etc). Other local level structures involved in oversight vary, but include Section 80 Financial (or Audit) Committees and local level Ombudspersons. The presentation focussed on its research findings with regard to the following structures:

2.7.2 Challenges

When conducting their research, the CSVR’s found that these Committees’ challenges included:

2.7.3 Recommendations

The CSVR made the following recommendations with regard to Municipal Police Structures:

2.8 Department of Provincial and Local Government - Intergovernmental Relations Bill

The presentation provided an overview of the Intergovernmental Relations Framework Bill. The Bill’s purpose is to provide a framework for national government, the provincial governments and local governments to promote and facilitate intergovernmental relations, as well as to provide mechanisms and procedures to facilitate the resolution of intergovernmental disputes. The Bill is divided into five (5) chapters:

The Chapter identifies the purpose of the Bill; the values that guide the conduct of intergovernmental relations; explains to whom the Bill will be applicable and defines the relationship between the Bill and other legislation that governs aspects of intergovernmental relations.

This Chapter establishes the forums that are central to effective executive intergovernmental relations, namely the:

Inter-Provincial IGR Forum and Inter-Municipality IGR Forum

The Bill provides an innovative instrument for the three spheres of government to co-ordinate and implement their actions in a coherent and integrated manner by entering into protocols. Implementation protocols provide for the division of responsibilities between spheres in key areas of national priorities.

The Bill provides for settlement dispute procedures and entrenches the principle of government resolving its own disputes before resorting to the Courts.

The Chapter provides for miscellaneous matters, including reporting, regulation, etc.

2.9 Community Policing Forums

When Community Police Forums (CPFs) were first established there was some misconception as to their role, which resulted in a certain amount of tension between the Police and the CPFs. These tensions were addressed through the establishment of partnerships.

The following challenges were identified, and recommendations made:

2.10 National Prosecuting Authority

The National Prosecuting Authority (NPA) is headed by the National Director of Public Prosecutions (NDPP), Mr. Vusi Pikoli, and comprises the:

Challenges

The presentation identified the following as major challenges facing the NPA: the need for transformation; the need to build better partnerships with other role players; and tackling organised crime.

2.11 Institute for Security Studies (ISS)

The mission of the ISS is to conceptualise, inform and enhance the debate on human security in Africa in order to support policy formulation and decision-making at all levels to enhance human security for all. The ISS briefed the Portfolio Committee on its findings with regard to research that it conducted on the National and Provincial Secretariats and the Department of Safety and Security. It identified the civilian oversight architecture as comprising:

2.11.1 Challenges: Independent Complaints Directorate (ICD)

The ISS found that given its staff complement (only 126 of its 171 posts are filled), the ICD faced the following challenges:

2.11.2 Challenges: Community Police Forums

The ISS found that despite its strengths, Community Police Forums are faced with a number of challenges, including:

2.11.3 Challenges: Section 80 Public Safety Committees

The ISS noted that these are new structures, which meet regularly and are represented across political parties. Their Chairpersons plan a ‘hands on’ role in overseeing Metropolitan Police Departments. However, the ISS identified the following challenges facing these Committees:

In conclusion, the ISS found that a critical appraisal of civilian oversight is needed to establish what system will be most effective in ensuring police accountability. Current institutions of oversight have had variable success but they cannot be expected to improve notably on their own. It was suggested that abandoning civilian oversight in favour of political oversight might merely result in swapping one set of problems for another. Finally, it was suggested that what is needed is a system that will yield tangible results in terms of democratic indicators of policing.

3. Parliamentary Oversight and Accountability: Safety and Security

3.1 The Role of the National Assembly: Presenter – The Honourable A. van Wyk (MP)

3.1.1. Introduction

The Honourable van Wyk noted that the functions of Parliament can be broadly divided into legislative and oversight components and that these are closely related. These functions are exercised within a particular context. In the case of Safety and Security, the context is the transformation of the SAPS from a dominating and violent force within society to one that serves all equally.

The Honourable van Wyk referred to the Constitutional provisions, which demand the exercise of oversight, including sections 1(d), 42(3) and 55(2).

Section 42(3) of the Constitution provides that:

‘The National Assembly is elected to represent the people and to ensure government by the people under the Constitution. It does this by choosing the President, by providing a national forum for public consideration of issues, by passing legislation and by scrutinising and overseeing executive action’.

Section 55(2) of the Constitution provides that:

‘The National Assembly must provide for mechanisms –

  1. to ensure that all executive organs of state in the national sphere of government are accountable to it; and
  2. to maintain oversight of –
    1. the exercise of the national executive authority, including the implementation of legislation; and
    2. any organ of state’.

3.1.2 Defining oversight and accountability

Oversight can be defined as ‘a desired (monitoring) intervention in the process of governance (implementation) through an institutionalisation of critique and a product of implementation (a monitoring and evaluation tool on the implementation of legislation)’. An alternative definition of oversight provides: ‘Conducting oversight is to ensure that government policies are properly and efficiently implemented, that government departments run smoothly and in line with their democratic mandate and that the law is upheld. Oversight is exercised in the interests of society in general’.

From these definitions, the following are required for oversight and accountability to be effective:

3.1.3 Oversight tools

Oversight should be an integral aspect of the work of Parliamentarians. Effective oversight can serve as an early warning device for potential pitfalls and will result in direct savings and more effective service delivery. Some of the tools available to parliamentarians in exercising their oversight function include:

3.1.4 Recommendations

The presenter made the following recommendations with regard to strengthening oversight work on the part of Parliamentarians:

3.2 The Role of the Provinces: Presenters – The Honourable Mzizi (MP), Member of the Select Committee on Security and Constitutional Affairs and the Honourable T. Makgoe, MEC for Safety and Security, Free State

The Honourable Mzizi gave a short presentation on the role of the NCOP. The NCOP is a Second House, whose role it is to represent the interests of the Provinces at the national level. Oversight is of particular importance in the NCOP and is reflected in the weighting of their work – 70% of its time should be allocated to oversight, the remaining 30% to its legislative duties.

The Honourable Makgoe, MEC for Safety and Security in the Free State, provided insight on oversight of the Police within the provincial context. Section 205 of the Constitution refers to the police services and political responsibility for same. The national police service must be structured to function in the national, provincial and where appropriate, local spheres of government.

The MEC noted that although the Provinces must ensure that policing is organised and efficient, they have limited powers, as policing is a national function. The MEC listed some focal areas in the Provinces, namely crime prevention, monitoring and evaluation and public education. With regard to crime prevention, the MEC discussed the role of Community Police Forums and noted that unfortunately, in terms of the SAPS Act, it is the SAPS that call for the election of CPFs. This is problematic as CPFs should be independent of the SAPS. The Provinces also run crime prevention projects.

With regard to monitoring and evaluation, the Provinces monitor how effective the SAPS is in combating crime. However, in the Free State, they found that the community or complainants do not always receive feedback.

Finally, with regard to public education, the provinces undertake to inform communities of their rights.

The MEC concluded by noting that there is a need to work on the transformation of the SAPS, especially where a lack of transformation is hindering service delivery.

4. Break-Away Group Discussions

 

Participants at the Workshop split into three Commissions to identify opportunities for collaboration between Committees in the different spheres of government, MECs and external role-players. Discussion focused on three topics:

A number of recommendations emanated from the Commissions and the subsequent plenary discussion. Participants also flagged a number of other issues for further discussion.

4.1. Recommendations

4.1.1 With regard to the role and functions of Portfolio Committees, Select Committees and MECs, the key challenge that was identified is to ensure greater communication and collaboration between stakeholders. The following recommendations emerged:

4.1.2 Reports and recommendations: Protocols for submitting reports and responding to and following up on recommendations

4.1.3 Interaction with other agencies – information and external monitoring (Secretariat, ICD, SAPS monitoring tools, civil society)

4.2 Legislative Programme for 2005

Legislation contained in the intended legislative programme of the Department of Safety and Security for 2005 that will impact on the Committee’s programme include:

5. The Way Forward

The Portfolio Committee on Safety and Security, together with representatives from the Provinces, met to assess the effectiveness of the workshop. The meeting was in agreement that the long-term effectiveness of the workshop could only be assessed against subsequent action taken to implement recommendations arising from the workshop. It is thus important for the Committee to identify tasks emanating from the workshop, identify the role-players required to execute those tasks and set time-frames for the completion thereof.

To this end, the Portfolio Committee resolved that:

SUMMARY OF DIVISION OF RECOMMENDATIONS BETWEEN PORTFOLIOCOMMITTEE AND THAT OF PARLIAMENT

6. Introduction

The workshop made certain recommendations that were unanimously adopted by the Portfolio Committee. In extracting these recommendations from the main report we differentiate between those recommendations that the Portfolio Committee can implement on its own and those that belongs to Parliament as an institution. There were however a few recommendations that belong to both the Committee and Parliament.

7. Recommendations that can be implemented by the PC

7.1 All the reports that come before a Committee should be receive

timeously so that Committee Members are able to prepare for the presentation. A time frame of 10 days prior to the presentation was suggested. The Committee should also decide in principle what sanction it will impose should a report be delivered late.

7.2 In order to expand the pool of expertise upon which a Committee can draw, relationships outside of Parliament with NGO’s, interest groups, universities etc. should be established and fostered.

73. Committees should not limit themselves to information received from the entity they oversee, but should endeavor to obtain additional independent information with which to exercise their oversight function.

7.4 Certain Committee reports should be debated in Parliament during Plenary.

7.5 In order to ensure improved liaison and cooperation with more vigorous oversight and improve on the monitoring of recommendations, the relationship with the relevant Select committee, the MEC’s and the Standing Committees should be fostered.

7.6 Committees should develop annual programs that are structured around the quarterly schedule of Parliament.

7.7 Quarterly reports by Ministers/MEC’s and their departments to establish whether they are on track with the implementation of strategic plans. The meeting emphasized that Ministers/MEC’s in person, and not departmental staff on their behalf, should attend such reporting sessions.

7.8 Tracking mechanisms between a Committee and the relevant Department should be established to monitor the implementation of any recommendations that a Committee has made.

7.9 In order to avoid duplication of effort with regard to oversight visits, there needs to be clear communication of intended visits between committees at national and provincial level.

8. Recommendations that need action from Parliament as institution

8.1 The Parliamentary program should reflect oversight as a priority.

8.2 There is a need for a mechanism in Parliament and within Portfolio Committees to deal with the findings, recommendations and decisions taken on all oversight visits and activities. Parliament must develop a mechanism and tracking mechanism between the Department and the Portfolio Committee to monitor the implementation of any recommendations made.

8.3 There is a need to develop and preserve the institutional memory so that committees are able to follow through on recommendations and findings and ensure proper feedback to the relevant Committee.

8.4 The capacity of the Committee section should be enhanced by, for example, the appointment of dedicated researchers and strengthening the capacity of Committee secretaries so that they can fulfill their proper role in the Committee.

8.5 The capacity of Committees requires strengthening to enable them to gather information independently of the institution whose work they oversee.

8.6 A database needs to be developed and made available of the various Provincial liaison officers at Regis House, liaison officers in the offices of MEC’s, as well as the departmental liaison officers at national and provincial level, to facilitate interaction and the sharing of information between stakeholders in the different spheres of government.

8.7 The Public finance Management Act specifies timeframes within which departmental annual reports should be submitted to Parliament. Departments should ensure that annual reports are completed and submitted to the Portfolio Committee timeously. Parliament should play a role in ensuring that it happens.

8.8 Committee’s capacity needs to be improved in respect of research, special advisors, tracking devices, institutional memory, formal relationships with academic institutions, NGOs etc. Also, standardized tools should be developed and utilized when gathering information.

9. Recommendations to be shared

9.1 A mechanism needs to be developed to ensure that reports emanating from the provinces are communicated to the Portfolio Committee and vice versa.

9.2 The manner in which feedback from oversight visits are communicated needs to be revised to ensure that the content of such reports are effectively communicated to all role-players.

9.3 The manner in which feedback from oversight visits are communicated needs to be revised to ensure that the content of such reports are effectively communicated to all role-players.

9.4 Reports emanating from provincial oversight visits should be communicated to the provincial legislatures to allow standing committees to follow up on implementation of recommendations to MEC’s/provincial departments.

9.5 Two-way communication is required between legislatures and external agencies. Committees need to be provided with reports submitted to the Departments by external stakeholders. In turn, external stakeholders should familiarize themselves with committee programs to identify issues dealt with by the committee relating to their mandate.

Report to be considered.