ANNUAL REPORT 2003
Period from
June 1999 to dateChairpersons Overview:
The year 2003 has not been an easy year for the Portfolio Committee on Safety and Security. The Committee had to grapple with a number of things, viz. passing legislation (especially the Protection of Constitutional Democracy Against Terrorist and Related Activities Bill), implementation of legislation (especially the Firearms Control Act), proper handling of the implementation of Resolution 7/2002, farm killings, checking the availability of centres for the survivors of abuse (children and women) and other domestic related violence in all police stations in the country, transformation in the South African Police Service, efficiency in all those entities that relate to the Committees scope of oversight responsibility (for example, PSIRA); encouraging police, in our visits to police stations1, to do more in reducing the levels of crime. These visits, together, with many other efforts of this Committee are beginning to pay-off in many ways (see foot note number 1).
However, there is never enough. The Committee, for instance, still has to deal with the problems of the SAPS in the Eastern Cape. These problems pertain to the manner in which the SAPS management in the Eastern Cape had handled the implementation of Resolution 7/2002. This had been a recommendation of the delegation that visited police stations in the Eastern Cape from the 01 to 02 December 2003.
Problems in some of the stations in KwaZulu-Natal would also have to receive priority attention, particularly problems of eSikhawini Police Station2. The Committee would make recommendation to the new Committee to make a follow-up on the problems identified in the Committees oversight visit to KwaZulu-Natal.
The Committee had also identified problems in the manner in which Private Security Industry Regulatory Authority (PSIRA) is functioning. The Committee observed that PSIRAs foes emanate from the misinterpretation of the legislation that established it (Private Security Industry Regulation Act, 2001) and the conduct of the Chairperson of the Council that governs the Authority. The Committee would recommend to the new Committee to pay a closer look at PSIRA and take decisive steps to arrest the situation before it gets out of hand.
I am, however, very happy with the strides the Committee has made during the term in question. All the successes the Committee is beginning to point and look back at proudly are a result of the calibre of Members that composed this Committee, whom it was a marvel to work with. I have always been heartened by the sober and mature way in which Members dealt with issues, irrespective of party-political affiliations. Such was the integrity of the Members of this Committee, whom I was fortunate to work with.
2.1 Control Committee Secretary: Mr Ben Kali
Period from: June 2000 to date
2.2 Committee Secretary:
Period from: July 2001 to date
Committee Assistant:
Period from: Mr. Vido Mfuniselwa
Period from 2000 to date
2.4 Secretary to Chairperson:
Period from: Miss Thenjiwe Khambule
Period from July 2001 to date
2.5 Researcher (Research Unit): Ms. Nadia Levin
Period from 1997 to date
Committee relies on the State and Departmental Legal Advisors.
MEMBERSHIP:
Member |
Date Appointed (in current Parliament) |
Date Discharged |
African National Congress |
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1 Booi, Mr MS |
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2 Bloem, Mr DV * |
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3 Dyani, Mr MMZ |
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4 George, Mr ME |
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5 Goniwe, Mr TM |
13 Sept. 2002 |
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6 Kgauwe, Mr OJ |
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7 Mandela, Ms NW * |
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8 Maserumule, Mr FT* |
13 Sept. 2002 |
|
9 Mashimbye, Mr JN * |
13 Sept. 2002 |
|
10 Masithela, Mr NH * |
13 Sept. 2002 |
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11 Maziya, Mr AM |
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12 Mngomezulu, Mr GP * |
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13 Molebatsi, Ms MA |
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14 Morobi, Mrs DM |
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15 Mudau, Mr NE * |
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16 Ndou, Mr RS * |
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17 Ngubeni, Mr JM * |
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18 Ntuli, Ms J |
13 Sept. 2002 |
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19 Ratsoma, Ms MM * |
14 Oct. 2002 |
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20 Sosibo, Ms JE |
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21 Sotyu, Mrs MM |
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22 Vadi, Mr I * |
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23 Van Wyk, Ms A |
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24 Zondo, Mr RP |
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Democratic Alliance |
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1. Botha, Mr AJ* |
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2. Gibson, Mr DHM |
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3. Swart, Adv. PS |
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4. Waters, Mr M* |
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Inkatha Freedom Party |
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1. Ferreira, Mr ET |
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2. Xulu, Ms. M* |
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New National Party |
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1. Geldenhuys, Dr BL * |
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2. Schippers, Mr J |
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United Democratic Movement |
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Maseka, Mr J * |
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African Christian Democratic Party |
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Meshoe, Rev KRJ |
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Freedom Front |
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Groenewald, Mr PJ |
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Pan Africanist Congress of Azania |
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Pheko, Mr M |
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*
Indicates an alternate member
FIRST TERM |
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Briefing by the Department on Anti-Terrorism Bill |
29 Jan 2003 (Wed) |
|
Briefing by CSIR on the impact of Technology on the levels of crime |
19 Feb. 2003 (Wed) |
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Briefing by the SAPS on the training Curriculum of the SAPS and its relevance How does it compare with international practice? |
28 Feb 2003 (Fri) |
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Briefing by the Minister on his vision of the year and the departments tasks ahead |
05 March 2003 (Wed) |
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Briefing on the Budget and Annual Report of the ICD and the tasks ahead |
07 March 2003 (Fri) |
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Briefing by National Commissioner on Logistics and Human Resources in the SAPS (all Provincial Commissioners will also attend) |
12 March 2003 (Wed) |
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Budget Hearings and Strategic Plan of the SAPS: Dept of Safety and Security |
19 March 2003 (Wed) |
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Budget Hearings and Strategic Plan of the SAPS: SAPU |
26 March 2003 (Wed) |
|
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02 April 2003 (Wed) |
|
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09 April 2003 (Wed) |
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Briefing by SAPS on the Disbandment and redeployment of Special Units |
11 April 2003 (Fri) |
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Briefing by ISS on the Review of crime & criminal justice performance in 2001/2002 |
16 April 2003 (Wed) |
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SECOND TERM |
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Briefing by the Department on Anti-Terrorism Bill |
14 May 2003 |
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Consideration of party positions on the SAPS Budget |
28 May 2003 |
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Briefing by Minister on the statements made by the National Commissioner; Progress with resolution 7/2002: briefing by saps |
04 June 2003 |
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Firearms Control Regulations: Briefing by SAPS; Conventions Against Taking of Hostages and Prevention & Punishment of Crimes Against Internationally Protected Persons |
11 June 2003 |
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Firearms Control Act Regulations: Briefing by SAPS |
17 June 2003 |
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Public Hearings on Anti-Terrorism Bill [B12-2003]; Accreditation of the Regulations on Firearms Control Act: Adoption |
23 June 2003 |
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Public Hearings on Anti-Terrorism Bill [B12-2003] |
24 June 2003 |
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Public Hearings on Anti-Terrorism Bill [B12-2003] |
25 June 2003 |
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Public Hearings on Anti-Terrorism Bill [B12-2003] |
26 June 2003 |
|
THIRD TERM |
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Oversight Visit to KZN and Free State |
28 July to 01 August 2003 |
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Briefing by the SAPS on the Working Document of the Anti-Terrorism Bill [12-2003] |
06 August 2003 |
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Briefing by the SAPS on the Working Document of the Anti-Terrorism Bill [12-2003] |
08 August 2003 |
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Briefing by the SAPS on the involvement of foreigners (foreign nationals) in criminal activities in SA |
13 August 2003 |
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Briefing by the Head of the Regulatory Authority on the activities of the Private Security Industries |
20 August 2003 |
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Consideration of Anti-Terrorism Bill [12-2003] |
21 August 2003 |
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Briefing by the SAPS and Dept of Transport on the Safety of Commuters in Trains |
27 August 2003 |
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Consideration of Anti-Terrorism Bill [12-2003] |
28 August 2003 |
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Consideration of Anti-Terrorism Bill [12-2003] |
29 August 2003 |
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Briefing on Firearms Control Amendments Bill |
03 September 2003 |
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Consideration of Anti-Terrorism Bill [12-2003] |
05 September 2003 |
|
|
10 September 2003 |
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Briefing by the SAPS on the number of firearms in government departments |
17 September 2003 |
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Consideration of Anti-Terrorism Bill [12-2003] |
19 September 2003 |
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Consideration of Anti-Terrorism Bill [12-2003] |
24 September 2003 |
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CONSTITUENCY PERIOD |
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Consideration of Anti-Terrorism Bill [12-2003] |
20 October 2003 |
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Consideration of Anti-Terrorism Bill [12-2003] |
21 October 2003 |
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Consideration of Anti-Terrorism Bill [12-2003] |
22 October 2003 |
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Consideration of Anti-Terrorism Bill [12-2003] |
23 October 2003 |
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FOURTH TERM |
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Deliberations on Anti-Terrorism Bill [12-2003] |
11 November 2003 |
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Deliberations on Anti-Terrorism Bill [12-2003] |
12 November 2003 |
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Formal Deliberations on Anti-Terrorism Bill [12-2003] |
13 November 2003 |
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Briefing by the Department on the Draft Regulations of the Firearms Control Act |
19 November 2003 |
|
|
26 November 2003 |
Bill No. |
Name |
Public Hearings |
No. of Submissions |
Amendments |
No. of hrs spent |
Report tabled |
B43 - 2002 |
Explosives Bill |
N/A (There was no need for Public Hearings as the Committee was just considering the NCOP amendments. Public Hearings for this Bill were held in 2002) |
N/A |
The Bill was reported with amendments |
3 |
09 April 2003 |
B28 -2003 |
Firearms Control Amendment Bill |
N/A |
3 |
The Bill was amended |
6 |
19 Sept 2003 |
B12-2003 |
Protection of Constitutional Democracy Against Terrorist and Related Activities Bill |
23 to 26 June 2003 |
44 |
The Bill was redrafted |
90 |
13 Nov 2003 |
Deputy Minister: 1
6.3.1 Independent Complaints Directorate: 1
6.3.2 Private Security Industry Regulatory Authority: 2
6.4 Any other:
6.4.1 Institute for Security Studies: 1
Subject Matter |
Date |
Names of attendants |
Venue |
No. of days spent |
Southern Africa Counter-terrorism Conference |
24 to 26 March 2003 |
Mr ME George Ms. MA Molebatsi Ms. A Van Wyk |
Botswana |
3 |
b. INTERNATIONAL VISITS: NONE
Subject |
Date of meeting |
Date Report Tabled |
No. of hours spent |
Date and type of referral |
International Convention Against the Taking of Hostages |
11 June 2003 |
12 June 2003 |
1.5 |
Referred in terms of section 231(2) of the Constitution |
Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons |
11 June 2003 |
12 June 2003 |
1.5 |
Referred in terms of section 231(2) of the Constitution |
Two annual reports had been submitted and presented. One is the annual report of Private Security Industry Regulatory Authority. The other is the annual report of the South African Police Service. (For more information on the dates of the presentation of these two reports, please refer to item number 4 of this report).
From the 28th July to 01 August 2003, the Portfolio Committee visited police stations in the Free State and KwaZulu-Natal provinces. The purpose of these visits was to ascertain the operations of various police stations in those provinces. Among other things, the Committee looked at the following: Distribution of police personnel; farm killings; police killings; community policing forums; acts of terrorism; vigilantism; infrastructure; abuse of women and children; corruption in the SAPS; successes and problems in the implementation of the Firearms Control Act. To this effect, a report was compiled and recommendations were made. Those recommendations were discussed with the SAPS management. The Portfolio Committee is going to make a follow-up on the implementation of those recommendations.
Again on the 1st up to the 4th of December 2003, the Portfolio Committee visited Eastern Cape and Gauteng. Provinces. The purpose of those visits was to investigate, after having received numerous complaints from interested parties, whether there was adequate consultation with all the relevant stakeholders in the handling and implementation of the Resolution 7/2002, and whether due consideration was given to family circumstances of police members who, as a result of Resolution 7/2002, were then deployed to other areas, which were far away from their homes and their immediate family members. The Committee also looked at the manner in which complaints by the affected police members were handled and the decisions taken on individual cases in addressing those complaints.
After these visits, a report was compiled and the implementation of the recommendations in those reports would be followed-up with the relevant stakeholders in 2004.
The following issues are what the current Portfolio Committee on Safety and Security sees as needing urgent attention by the new Committee, which will be taking over after 2004 General Elections:
(i) The Status of the Secretariat for Safety and Security. The need for a Civilian Secretariat for Safety and Security was identified by the then Minister for Safety and Security in 1994. The key objectives of the envisaged structure were to provide government with civilian policy management capacity, independent of the vested and occupational interest of the Police Service. This culminated in the inclusion of a chapter defining the role of the Secretariat in the South African Police Services Act of 1995. The Secretariat is also provided for in the Constitution of the Republic of South Africa (Act 108 of 1996).
However, there had been some doubts in the effectiveness of this structure in fulfilling its mandate and the vision for which it was established. The problem, it has been argued, may not necessarily be with the structure itself, but could be with the personalities involved or the current SAPS Act of 1995 that does not give the Secretary of the Police Secretariat equal status with the National Commissioner of the SAPS. Irrespective of who or what to blame, the Committee had been unanimous that there is a problem in the manner in which the Secretariat for Safety and Security operates and that needs urgent political intervention. This is, therefore, one of the key challenges of the new Committee.
(ii) The Review of the SAPS Act of 1995. Ideally, an Act of Parliament is reviewed every five years to see if it is still in keeping with the developments in the country (that is, to check if the Act is still relevant or not). The Committee had already started with the process of reviewing the Act in 2001. It was found that the Act does not only need to be amended, but to be changed completely, starting with its name. The name of the Act itself (SAPS Act) is misplaced, as it gives the impression that the Department of Safety and Security is only about South African Police Service. The Act, therefore, has to be accommodative of other entities in the Department, like Independent Complaints Directorate and Secretariat for Safety and Security, for example. It is, therefore, recommended that the new Committee, together with the Department, should start a process to put together a legislation that would govern Safety and Security as a whole. It is hoped that through that new Act members of the SAPS would be taken out of the Public Service Act.
(iii) Transformation in the key departments in the SAPS. Throughout its oversight visits to provinces, the current Committee has found that departments like Finance, Logistics, Support Services, etc. are still dominated by white males. The new Committee will have to push for the transformation of these key departments in the SAPS and others that may not have been mentioned here.
(iv) Problems raised in the Eastern Cape relating to the implementation of Resolution 7/2002 (see Eastern Cape Oversight report, dated 01 to 04 December 2003). A follow-up is recommended to see if the recommendations made by the current Committee had been implemented.
(v) The Committee also recommends that the new Committee should visit KwaZulu-Natal to see if progress had been made in implementing the recommendations made during the oversight visit to that Province (see KZN report, dated 28 July to 01 August 2003). A special attention should be paid to Esikhawini Police Station, which had numerous problems, including a high murder rate, at the time of the Committees visit.
(vi) A follow-up is also needed in the oversight visit to Gauteng (see a Gauteng report, dated 02 to 04 December 2003). In its report, the Committee made a specific recommendation that those members in Soweto who are functionally illiterate should be spread around the province, like it happened in Khayelitsha with Kits Constables (for more information on this, see 16.2 of the Gauteng Oversight Report).
(vii) The Committee recommends that a diligent monitoring of the implementation of the Firearms Control Act and its Regulations should be high on the new Committees agenda.
(ix) Lastly, the Committee would like to recommend to the new Committee that they take a closer look on the operations of Private Security Industry Regulatory Authority (PSIRA). The Committee has not been happy with the way PSIRA goes about its business and had been continually perturbed by the reports it received from the public about the operations of PSIRA. Most deplorable of all had been the conduct of, and the misinterpretation of the Act that established PSIRA (Security Industry Regulatory Authority of 2001) by, PSIRAs Chairperson in his first and only visit to the Committee. As a result of this, the Committee Chairperson at the time, Mr Mluleki George, had to call off the meeting.
All these are the things that the new Committee will inherit. It is not all doom and gloom, as it may appear to be, but challenges that, if handled properly (which I do not have a doubt they will be) would take the work that the current Committee has already done to the highest levels.
13. FORMAL ADOPTION OF ANNUAL REPORT BY THE COMMITTEE:
Annual Report of the Portfolio Committee on Safety and Security, having been put to the Committee, was adopted by the Committee on
..
Mr ME George, MP DATE
COMMITTEE CHAIRPERSON
... .
Mr N Lala DATE
COMMITTEE SECRETARY
Mr B Kali DATE
CONTROL COMMITTEE SECRETARY