PRESENTATION TO THE PORTFOLIO COMMITTEE ON SAFETY AND SECURITY

12 OCTOBER 2005

VENUE: PARLIAMENT,CAPE TOWN


SECRETARIAT FOR AND SECURITY :ANNUAL REPORT & FINANCIAL STATEMENTS: 200412005


SECRETARIAT FOR SAFETY & SECURITY 2004-2005 ANNUAL REPORT: AN EXECUTIVE SUMMARY


Vision

An effective, efficient, transformed and democratically accountable South African Police Service directed by a Minister who is well advised, supported and assisted on all matters regarding safety and security.


Mission

To ensure effective civilian oversight of the South African Police Service through monitoring and evaluating the functioning of the Service and the provision of legal and policy advice td the Minister of Safety and Security as well as to provide the Minister with administrative and communication support.


Mandate

The Secretariat derives its mandate from the following sources:

· The Constitution of the Republic of South Africa, 1,996;

· The South African Police Service Act 68 of 1995;

· The White Paper on Safety and Security, ;1998;

· Presidential and Ministerial address9~s, and speeches; and

· Ministerial directives


BACKGROUND

The Secretariat for Safety and Security ("the Secretariat") was, for the financial year commencing I April 2004 and ending 31 March-20051 headed by Mr. M.J Rasegatla as the Secretary for Safety and Security. Mr Rasegatla was appointed in March 2000 on a five-year contract on the level of a Deputy Director General.


The Secretariat operated within Program I of the Department of Safety and Security and it was not established as an independent organ of state. In terms of section 208 of the 1996 Constitution the Secretariat was required to "function under the direction of the Cabinet member responsible for policing." It was required to perform the functions contained in the South African Police Service Act, 1995.


In order to perform its statutory functions,, the' Secretariat had, for this period, a structure that is reflected in the Organogram that is attached to this executive summary. In the main, the structure had the following components


As will more fully appear from the Organogram, the annexure dealing with the "The Secretariat's Staff Complement as at March 2005" and other related annexures, the Secretariat had a staff complement of 50. However, the Secretariat operated with a staff complement of 23 with 27 vacancies. To its detriment, the Secretariat was "bottom-heavy" in that the posts in the middle and senior management levels were not filled optimally. The lower levels were mainly support staff who were not required to engage in the core functions of the Secretariat. This imbalance contributed negatively to the overall functioning of the Secretariat. During the period of reporting, the Secretariat underwent a severe depletion of staff, particularly in the middle and senior management levels.


Notwithstanding the depleted staff levels, the National Secretariat operated under this difficult situation and performed the activities reflected hereunder under the heading "WORK UNDERTAKEN IN THE FINANCIAL YEAR 2004-2005".


The coming into operation of the Public Finance Management Act (PFMA) effectively removed the financial independence of the Secretariat and it obtained its annual budget allocation from the South African Police Service, with the National Commissioner of the South African Police Service as the Accounting Officer and the Head of Department. In the past, section 15(a) of the Exchequer Act (now repealed) afforded the Secretariat its own budget independent from that of the SAPS The PFMA, which repeated provisions of the Exchequer Act, now provides that there must be one Accounting officer for the Department. Furthermore, the Public Service Act provides that the National Commissioner of the SAPS shall be the Head of the Department.


PROGRAMME OBJECTIVES

The Program Objectives 6f the National Secretariat for Safety and Security are to:


WORK UNDERTAKEN IN THE FINANCIAL YEAR 2004-2005


1.ANALYSIS OF THE WHITE: PAPER ON SAFETY AND SECURITY


The White Paper encapsulates 'policy principles that are intended to guide and establish a stable and effective department, capable' of fulfilling its mandate for the citizens of South Africa. The White Paper was endorsed in around 1999 by Cabinet and a process outlining its implementation in the Department was drawn and initiated just before the departure of Minister Mafamadi in 1999. Following the appointment into office of Minister Tshwete, focus on the complete implementation of the White Paper waned.


Accordingly, the Secretariat undertook a study to critique the implementation of the White Paper on Safety and Security. The study was motivated by the fact that the process Was somewhat halted, and that there arose a cloud of uncertainty regarding the status of the White Paper itself. Provincial Secretariats and the Provincial Executives also raised this concern. The critique was also motivated by the calls to review the South African Police Service Act ,1995.


An analysis of the White Paper, work-shopped with the Provincial Secretariats, confirmed the continued relevance of the White Paper as a guiding policy document, save for certain areas that were affected by changing legislation.


2.PROPOSALS ON THE REVIEW OF THE SOUTH AFRICAN POLICE SERVICE ACT


The Secretariat conducted an ongoing study of areas of the Act that required changes. This process was intended to contribute to the process of reviewing the South African Police Service Act, 1995 once the Ministerial directive was given to draft the Amendment Bill.


3. MEETINGS WITH HEADS OF THE PROVINCIAL SECRETARIATS


The National Secretary for Safety and Security held regular monthly meetings with the Heads of Provincial Secretariats on issues relating to civilian oversight over the South African Police Service. Discussions around the national a4vancement of civilian oversight and the implementation of common programmes took place, in addition to the provincial need for a national direction and leadership.


4. DEVELOPING THE COMMUNITY SAFETY FORUM FRAMEWORK DOCUMENT & HOLDING THE 2ND CONSULTATIVE CONFERENCE


The National Secretariat, together with the Provincial Secretariats, embarked on an initiative to develop a Document on Community Safety Forums (CSF"s). The objective of the exercise was to facilitate appropriate legislative and policy mechanisms to promote and foster the development of crime prevention initiatives at the local government level. The objective was also to create a framework to harness all the role players and stake-holders in the Criminal Justice System as well as civil society in social crime programs and activities in an integrated and co-ordinated manner. A National Task Team, led by the Secretariat, was established to drive the process and several planning meetings with provinces and stakeholders took place. The National Secretariat also made presentations on the CSF concept to several provinces that required assistance. Regular briefings were made to the Heads of Secretariats Forum. The National Secretariat, together with certain Provincial Secretariats, planned and hosted the 2nd CSF National Consultative Conference in Port Elizabeth at the end of October 2004. The Conference, which was attended by the provincial secretariats, SAPS, local government representatives, etc was addressed by Ms. Susan Shabangu, the Deputy Minister of Safety and Security. Following the Confer6nce, several provinces proceeded to

operationalize the Conference resolutions.


5. CONDUCTING INVESTIGATIONS INTO ALLEGED UNFAIR DISMISSALS, SUSPENSIONS, AND LITIGATION -MATTERS

The Secretariat received complaints relating to allegations of unfair dismissal, suspensions without salary and unfair labour practice from aggrieved members of the SAPS. Following the receipt of such complaints, the Secretariat investigated such allegations and made recommendations to the Minister. Some recommendations resulted in the re-instatement of dismissed or suspended members, while in some matters; the decisions of SAPS management were confirmed. A legal opinion on suspension without remuneration in the absence of a finding of guilt was prepared. The Secretariat also intervened, at the request of private attorneys and State-Attorneys; in resolving long-standing litigations against the Minister.


6. CONDUCTING STRATEGIC PLANNING WORKSHOPS

A rigorous program of drafting the Strategic Plan of the Secretariat for the period 2005-2010 was pursued. This process resulted in the holding of a workshop wherein a business plan for the Secretariat was drafted. This plan was to direct the work of the Secretariat and was also intended to re-position and re-invigorate the Secretariat


7. Private Security Industry Regulation Act


The Secretariat was involved in advising the Minister on his legal obligations in terms of the Private Security Industry Regulation Act, 2002. In particular, the Minister was advised on the appointment of regulatory Council and matters related to the implementation of the Act.


8. Review of the Regulations for the Community Police Forums in South African POLICE SERVICE ACT


The main object of this exercise was to facilitate the drafting of new regulations for CPFs and Boards that would be appropriate to the conditions on the gr9upd: and acceptable to all role players and stakeholders. The draft was completed and circulated to all role-players for final consideration and comments. The document was also to contribute to the review of the South African Police Service Act.


Developing Protocols to Inspect and Monitor Service delivery at Police Stations


Since the inception of the National Secretariat and Provincial Departments of Safety and Security there has never been a common and a standard monitoring tool/protocol to inspect and evaluate the effectiveness and efficiency of Police Stations as required by the South African Police Service Act. In the absence of a common and standard tool or protocol to inspect and evaluate Police Stations from a Civilian oversight perspective, the National Secretariat and Provincial Departments of Safety and Security have been:


a. Unable to comment on the performance of police stations throughout the country,


b. Unable to provide a well-informed advice to the Minister about the performance of police stations as required by the South African Police Service Act.


It is therefore against this background that a decision was taken to develop a common and National Standard Manual to inspect and evaluate service delivery at stations from a Civilian Oversight perspective.


The Monitoring Tool was developed with the participation of the Provincial Secretariats and is in the refinement stages and needs to be automated by SITA after finalisation. An agreement to automate the Protocol has been entered into with SITA.


10 IMBIZO’S


The Secretariat participated in several '\4lnisteriat imbizos. It was instrumental in establishing an Inter-Departmental Task Team in the Newcastle/Vryheid Utrecht area to address farming community complaints and problems in an integrated and holistic manner .


Structure of the Secretariat for Safety and Security

[PMG note: Graph (table, map, appendix) not included. Email [email protected] for this]


SECRETARIAT FOR SAFETY AND SECURITY: STAFF COMPLEMENT AS AT 31 MARCH 2005

[PMG note: Graph (table, map, appendix) not included. Email [email protected] for this]


FINANCIAL STATEMENT 2004105

[PMG note: Graph (table, map, appendix) not included. Email [email protected] for this]


MANAGEMENT REPORT: EXPENDITURE AS AT 31 MARCH 2005

[PMG note: Graph (table, map, appendix) not included. Email [email protected] for this]


MANAGEMENT REPORT: EXPENDITURE AS AT 31 MARCH 2005

[PMG note: Graph (table, map, appendix) not included. Email [email protected] for this]