Report of the Select Committee on Security and Constitutional Development on the oversight visit to the Northern Cape, dated 28 October 2009

The Select Committee on Security and Constitutional Development, having undertaken an oversight visit to the Northern Cape from 18 – 20 August 2009, reports as follows:

1. Introduction

The mandate of the Select Committee on Security and Constitutional Development is to conduct oversight over the Executive, in particular the Departments of Police, Correctional services, Defence and Military Veterans, and Justice and Constitutional Development; and to legislate and promote public participation and review matters of public interest within this cluster.

The Select Committee undertook an oversight visit to the Northern Cape to familiarise itself with the mandates and operations of the above departments; and to gain first-hand experience of issues affecting these departments in the Northern Cape Province.

The first day, 18 August 2009, was structured to allow senior officials of the said departments to make presentations to the Committee which provided a brief overview of the work of each department in the Northern Cape. This was followed by deliberations and engagements between Members of the Select Committee and the respective presenters and departmental representatives.

This report provides a brief summary of the presentations made by the departments to the Select Committee, which focused mainly on key activities of the provincial branches, their achievements and challenges in the previous financial year and their current priorities.

1.1. Composition of Parliamentary Delegation

Members of Parliament:

§ The Honourable Mr T E Chaane (African National Congress)

§ The Honourable Mr T M H Mofokeng (African National Congress)

§ The Honourable Mr L P M Nzimande (African National Congress)

§ The Honourable Mr W F Faber (Democratic Alliance),

§ The Honourable Mr M W Makhubela (Congress of the People),

§ The Honourable Mr J J Gunda (Independent Democrats)

Administrative Support

§ Mr G Dixon, Committee Secretary

§ Ms P Whittle, Researcher

§ Ms Z Ngoma, Committee Assistant

2. Presentations by Departments: 18 August 2009

The Department of Police was represented by Mr K J Sithole, Deputy Provincial Commissioner.

The SAPS delegation comprised the following:

Mr D C Kgobe, Station Commissioner, Kathu Mr T P Lekhu, Cluster Commander, Hartswater Mr J A A Witbooi, Cluster Commander, Postmasburg Mr J J Matthys, Cluster Commander, Upington Mr P A J Myburgh, Director, Galeshewe Mr D W Tyuthuza, Director, SAPS Mr M M Danz, Director, SAPS, Mr S C Josephs, Cluster Manager, SAPS Mr S P Joseph, Cluster Co-ordinator, Detective Services, Springbok Mr B J Shuling, Superintendent, SAPS, Hopetown

Mr F Hender, Station Commissioner, Kakamas Mr A du Preex, Station Commander, De Aar Mr S Andrews, Cluster Commander, Prieska Mr J J Van Der Westhuizen, Director/Station Commissioner Mr V F Kakuyu, Cluster Manager, Kuruman Mr A A Motaung, Cluster Manager, Calvinia Mr J Brooks, Cluster Manager, Port Nolloth Mr B Van Niekerk, Cluster Manager, Carnarvon Mr K R Makgori, Director, SAPS Mr J K Bergh, Provincial Commander, SAPS Crime Intelligence Mr J Riet, Deputy Support Service, Northern Cape Ms G Loots, Provincial Commander Strategic Manager Ms T Kuhn, Police Official.

2.1 Presentation by the Department of Police

Mr K J Sithole, the Deputy Provincial Commissioner, presented a profile of the Northern Cape Province and the deployment of the South African Police Services (SAPS) in the province.

The Northern Cape Province is divided into 5 district municipalities and 27 local municipalities. Approximately 70% of the Province consists of rural areas. The Northern Cape has a population of 1 102 200 people and this represents 2.3% of the South African population. Approximately 50% of the Northern Cape population consists of coloured people.

The Province has 91 stations, divided into 16 clusters.

Port Nolloth 3 stations	Pofadder 4 stations	Hopetown 4 stations	Carnarvon 4 stations
Postmasburg 3 stations	Kakamas 4 stations	Kathu 4 stations	Prieska 3 stations
Hartswater 5 stations	Kimberley 6 stations	Springbok 8 stations	Calvinia 8 stations
Upington 8 stations	Kuruman 9 stations	De Aar 12 stations	Galeshewe 6 stations

The following 8 stations have been identified as those that contribute more towards contact crime than the rest:

· Galeshewe (Presidential)

· Kimberley (Priority)

· Roodepan

· Rosedale

· Upington

· Kakamas

· Pabalello

· Groblershoop

The Deputy Provincial Commissioner provided statistics up to June 2009 and indicated that serious crime, which consists of contact crime, contact related crime, property related crime, and other serious crime was decreasing in the province. The statistics indicate that there were approximately 4500 cases of serious crime as of June 2009, although there was a spike of 5500 cases in March 2009. This compares favourably with 2008 which recorded similar statistics for June 2008. However, according to previous years, the graph indicates that there is likely to be resurgence in crime during the November and December periods.

The less serious crimes graph indicates that the police performance for 2009 compares favourably with previous years with crime decreasing during and up to June 2009. The Deputy Provincial Commissioner indicated that when comparing the actual numbers, approximately 7000 cases, it remains unacceptably high. The following chart depicts the crime tendencies per serious crime category:

The following chart indicates the increases and decreases of contact crimes in the Northern Cape Province for April – June 2009

Northern Cape Province and Clusters	Decrease	Increase	Percentage
Calvinia Cluster			39.1%
Carnarvon Cluster			-21.7%
De Aar Cluster			3.4%
Galeshewe Cluster			-8.7%
Hartswater Cluster			-23.7%
Hopetown Cluster			8.9%
Kakamas Cluster			-3.3%
Kathu Cluster			-44.7%
Kimberley Cluster			3.7%
Kuruman Cluster			-4.5%
Pofadder Cluster			4.4%
Port Nolloth Cluster			-20.5%
Postmasburg Cluster			8.6%
Prieska Cluster			-22.0%
Springbok Cluster			-0.5%
Upington Cluster			-11.6%
Northern Cape Province			-6.1%

The Calvinia, De Aar, Hope Town, Kimberley, Pofadder and Postmasburg clusters all showed an increase in contact crime, with the Calvinia Cluster recording the biggest percentage increase of 39.1%. Some advances were made, such as in the Kathu Cluster that recorded the biggest decrease of -44.7%. Overall the figures for the Northern Cape Province, decreased by 6.1%.

2.2 Northern Cape Operational Strategy

The Northern Cape Province follows a dual approach towards the fight against prioritised crime and crime hot spot areas, namely:

· Offensive approach: This is the hard core policing aimed mostly at the more police-able crimes, such as housebreaking and aggravated robbery.

· Sustainability approach: This is the softer approach towards policing so-called less police-able or contact crimes, aimed at addressing root causes through multi-disciplinary collaboration with partners and the community at large.

2.2.1 The Offensive Approach

Within this approach, the following strategies were developed and implementation was ensured through project management areas:

· Umbrella Operation Washa Tsotsi consisting of three different operations, namely:

– Operation Wessie is the formation of Cluster Crime Prevention Task Teams and registered as a project that will address crime hot spots and high density operations. This is a 7 month project and started on 1 July 2009 and ends on 31 January 2010.

– Project Close Down – the operations began in March 2009, and enhance visibility. It includes knife free initiatives as well as entrance routes known to be used by criminals to towns.

– High density operations – stations were tasked in 2008 to conduct at least 2 high density operations per month, of which one must be a cluster high density operation. All the different departments must be involved in these operations.

· Strategies developed:

– A Strategy on the Prevention of Burglaries was drafted in May and June 2009 for immediate implementation, focusing on hot spot areas and possible prevention initiatives/actions.

– A Strategy to prevent Aggravated Robberies was also drafted for implementation in 2009 focusing on hot spot areas and possible prevention initiatives/actions.

– Back to basics – enhancing basic policing and supervisory functions. This project has a monthly focus and started with the pocket book month. It is followed by Foot patrols.

· Other prioritised issues within this approach are:

– The Provincial Intervention Task Teams assisting stations on a weekly basis through crime prevention operation in addressing contact crimes, sexual offences, wanted suspects and drug and liquor related cases.

Projected Interventions

– The functioning of the 10111 center in Kimberley was identified as a priority to improve on the service to the community and speed up response time to complaints. Upgrading of communication equipment started on 17 August 2009.

– The Galeshewe CCTV project will be implemented during the next financial year.

– Preparations for the 2010 Soccer World Cup (The NC Province will assist neighbouring Provinces and attends weekly LOC meetings).

2.2.2 The Sustainable Approach

· This approach aims at a multi-disciplinary collaboration of all stakeholders resulting in successful partnership policing to ultimately give effect to the concept of community policing.

· The main aim of this approach is the integration of efforts with all stakeholders’ awareness and education is the ultimate aim of these efforts.

· Within this approach, the following strategies were developed as subsidiaries to enhance the partnership policing concept, thus the CPF structure:

– A Youth against Crime Summit was held in July 2009. The objective of this provincial Summit was to create an understanding of social factors affecting young people, to empower young people from rural areas, and to promote a brighter future among youth and convene annual conventions as a platform to speak about their future and to fight crime in Northern Cape.

– Existing structures such as Women against Crime (WAC) and other stakeholders are joined in projects, and SAPS supports all the efforts taken by existing structures.

– The provincial JOINT meetings are held every two months, which results in cooperation and support between the different mandates.

· The Province has embarked on an extensive effort to give effect to the NCPS as well as the Governments Programme of Action and the 2007 Apex priorities, which all emphasises the importance of partners/joint effort and the involvement of the broader community in crime combating (especially youth involvement and development).

· This led to the development of a draft Provincial Crime Prevention Framework together with the Department of Transport, Safety and Liaison.

· This will be followed by the development of the Local Crime Prevention strategy together with the Department of Transport, Safety and Liaison. The Department has taken the lead in drafting Community Safety Plans and SAPS aims to enhance this process through the current effort taken.

· Emanating from the abovementioned efforts to enhance government priorities, are the following initiatives developed in the Province:

– Northern Cape Youth Crime Prevention Framework – This concept ensures the involvement of youth formations in the fight against crime as well as the development of the youth. This concept led to many projects involving the youth such as:

– The Crime Prevention through Sports Programme followed by the Sports against Crime project – This project started with a soccer tournament and involved young people in the Province aiming at awareness, education and trust in SAPS.

– Junior leadership project – this project was the adaptation of the junior commissioner project but taken further and expanding the scope and number of learners involved. All police stations took part and 2009/2010 will see the 3rd round of election of new junior leaders. The junior sector manager was also introduced in SAPS. The concept was taken to stakeholders in the private sector which led to the junior principle (supporting school safety projects), -CEO, -mayor, -bank manager, -municipal manager, -HOD and junior council.

– These projects involving the youth build role models and the junior leaders serve as ambassadors for SAPS but also provide a platform for growth. All young people involved in the mentioned projects are mentored and exposed for personal growth and development. They also take part in awareness and outreach programmes.

· Street Committee concept – the Province embarked on a process of operationalising the political concept, through proper research and preparing the environment through consultation. The main aim is to enhance community policing and ensure that sector policing is implemented.

· The concept will be piloted at ten police stations (De Aar, Carnarvon, Kathu, Bathlaros, Mothibistad, Galeshewe, Upington, Springbok, Calvinia and Postmasburg) and links directly with the development of Local Crime Prevention Strategies on Municipal level. This process includes all stakeholders and is driven by a multi-disciplinary task team led by SAPS.

2.2.3 Strategies to address shortcomings

In an effort to ensure that the investigation of crime improves and the set targets are reached at the end of the financial year, the following projects were registered:

· Project Column 7 – to address the case dockets still open in column 7 of the SAPS6, with the focus on the case dockets at the Public Prosecutors for decision. More than 1000 case dockets at Kimberley court received back)

· Project Column 8.6 – to address the number of case dockets on the court roll, with the focus on the case dockets on the court roll for more than 4 years.( all case dockets inspected)

· Project FIDS – to ensure that suspects linked to crime scenes are arrested (806 suspects arrested and or list rectified). This will address the rates regarding property related crimes.

· Project High Flyers – to address repeat offenders in serious crimes with interdepartmental task teams prosecuting them.

· Baitusa – to address inquests, murder and culpable homicides.

· Washa Tsotsi – related to provincial priority.

· Monthly monitoring of the performance chart to identify underperforming stations and then implement intervention plans which start with detail inspections leading to assistance and guidance.

· Monitoring of cases withdrawn in court (contact crimes)

· As indicated in the SAPS 6, a great number of case dockets are withdrawn at court as well as a great number of case dockets that are not finalized at court and the following was found to contribute to this:

– The biggest reason for the delay in FINALIZING the case dockets at court is the overcrowded court rolls. This also has a negative impact on our conviction rate. There are only 28 permanent courts servicing 91 police stations

– The fact that Inquests takes so long to be finalized. This impacts negatively on murder and culpable homicide cases

2.2.4 Other Challenges

· DNA results - Blood reports (for driving under the influence, culpable homicide as well as murder cases) –there is a drive to get the Dragar tests accepted in court in order to speed up the process.

· Psychiatric evaluations (accused must go to Falkenburg in Western Cape & only one bed is available for the Northern Cape). A new hospital is being built in Kimberley and will address this problem.

· The shortage of experienced prosecutors (also to make decisions on assault common, crimen injuria, malicious damage to property etc. culpable homicide and inquest cases).

· The shortage of Magistrates.

· Case dockets struck off the roll for Interpreters (will never be heard because the only time that an interpreter will be arranged is when the case is on the court roll).

· Lack of legal aid (cases postponed for numerous times eg Upington CAS 593/03/2004 – postponed 29 times).

Engagement with Members of the Select Committee on the presentation

The following issues were noted with regard to the presentation:

n The location of the current police stations was not indicated in the presentation. The importance of this is that the location of the communities and that of the police stations need to correspond to render an effective service. In some cases, stations are located too far from communities. The satellite stations that are now fully fledged stations, such as the Kagisho Police station, often do not have their own budgets upgraded to accommodate their new status.

n The presentations also did not highlight the issues with regard to the Rural Safety Plan and more information from the department was requested.

n Members raised the matter of presenting crime statistics as a percentage. Percentages do not represent the reality of a situation where previously no crimes were reported and the department was urged to include figures with crime statistics.

n The lack of visible policing of the department was highlighted within residential areas especially with regard to the increase in burglaries. The Galeshewe Police Station was commended for its increase in patrols within residential areas and the consequent decrease in burglaries reported.

n The shortage of vehicles for detectives was also brought to the department’s attention. In some cases, three to four detectives are allocated one vehicle. This is not appropriate when vehicles are found within police precincts and are not being utilised to their full potential. The department was requested to provide details of vehicle shortages and if any, what the department plans to do about the situation.

n Placement of Police members remain a concern when language barriers are not taken into account. Police officers, whose native tongue is not Afrikaans, are placed in Afrikaans speaking communities and this hinders communication when taking affidavits.

n Training offered to detectives is not being utilised effectively. Continuous training was planned for detectives but the courses offered in Cape Town only registered 26 detectives.

n Clarity was requested on the statistics with regard to theft of firearms in police stations.

n The department was requested to supply information on programmes related to contact crimes in areas where alcohol is being abused.

Responses

• The SAPS acknowledged that there is a problem with regard to the distance a police station is located from a community. A number of satellite stations within communities have been converted to fully fledged stations to address this problem. The problem remains widespread but the department committed itself to commissioning a work study investigation, and to present a plan to the MEC and the committee to address this matter.
• The SAPS confirmed that the Kagisho station is now an independent station and receives an independent budget.
• The SAPS confirmed that it does have the Rural Safety Plan but due to time constraint did not expand on the subject. The department committed itself to presenting this to the MEC’s office and the provincial committee.
• The department indicated that it does have the figures associated with the percentages but are restrained from presenting them due to National Department restrictions.
• The department acknowledged the link between lack of visibility and an increase in burglaries. It has task teams patrolling the streets of the residential areas. Some of these are per foot and others are per vehicle in neighbourhoods. The province has limited manpower allocated to it. This puts added pressure on commissioners to allocate staff to patrols. In terms of allocations, the department informed the committee that it has one of the smallest allocations of personnel but the Northern Cape is one of the biggest areas to patrol. The size of the province means that patrolling it has a bearing on the wear and tear of resources. The budget for the province does not compensate for this because it is allocated on population densities and does not take the geographical landscape into account.
• The department acknowledged the shortcomings and dedicated itself to allocating more places to train detectives.
• Initially, 18 firearms were found to be missing during an inventory in De Aar. A case docket was opened and thus far, the department has recovered 13 firearms that were misplaced or that were not properly logged. This indicated a lack of command and control over these items. Missing firearms were only reported in De Aar.
• Contact crimes in Upington decreased due to the programmes of the department. The department embarked on door-to-door visits and awareness programmes. These will be done on a continuous basis to educate communities.
• Cases that fail in courts were attributed to three factors: In the first instance, when the SAPS does not investigate as thoroughly as it should, and case dockets are missing crucial information. Secondly, the SAPS may have concluded its investigations but the cases are postponed for various reasons for a number of years, and witnesses then refuse to come to court and the case is withdrawn. Another problem area was that legal aid representatives have a large case load and due to this, cases were postponed many times, thus frustrating witnesses who withdrew due to lack of interest.
• The department and the management of facilities have allocated monies for the refurbishing of holding cells. All stations will report on the state of facilities and maintenance will be prioritised.
• The department acknowledged that more needed to be done to include women at senior positions; and will endeavour to present better equity figures in future.
• The department took note of the concerns raised by Members concerning the rental of buildings and will work with the Department of Public Works to identify buildings to accommodate the police officials in Upington.
• There was a backlog in terms of cases that are before court but the department is working with the Department of Justice to reduce the amount.

2.3 Presentation by Department of Correctional Services

The Department of Correctional Services was represented by Mr l Ncongwane: Deputy Regional Commissioner Free State and Northern Cape region.

In attendance for the Department of Correctional Services: Director M Coetzee Correctional Services Kimberley, Mr NB Nyapotse Regional Co-ordinator Department of Correctional Services, Mr GPB Van der Merwe, Department of Correctional Services.

2.3.1 Mr l Ncongwane: Deputy Regional Commissioner Free State and Northern Cape region: Overview of Department of Correctional Services within the Northern Cape region

The Free State region and the Northern Cape region merged after the department restructured in 2002. The presentation focused on the Northern Cape (NC) region.

The Free State region and the Northern Cape region in total, have seven management areas with three situated in the Northern Cape region in Upington, Kimberley and Colesberg.

The Colesberg management area consists of Colesberg prison, De Aar Male, De Aar Female, Hopetown, Richmond and Victoria West correctional facilities. The prison population in Colesberg stands at 48.38% for August 2009. The De Aar male correctional facility stands at 106.81% and the Richmond and Victoria West correctional facilities are at 104.60% and 109% respectively. The Colesberg correctional facility is being refurbished and this accounts for the lower occupancy and the higher numbers elsewhere.

The Kimberley management area consists of Kimberley male, Kimberley female, Douglas and Barkley West correctional facilities. The Kimberley male correctional facility is 151.94% overcrowded. It has approval for 749 prisoner accommodation but currently incarcerates 1138 prisoner. However, Barkley West’s occupancy is at 24.32%. It accommodates 74 prisoners but is currently being refurbished and at present has 18 prisoners incarcerated.

The Upington management area consists of Upington Male, Upington Female, Kuruman and Springbok correctional facilities. Upington Male occupancy is currently at 123% while Upington Female correctional facility has occupancy of 50%. This is due to the fact that not many women in the Northern Cape are perpetrators of crime in the Northern Cape region. This is also observed in the De Aar female prison that has 84.84% occupancy. Although the Upington Female Center is under utilised, it is not feasible to centralise offenders in the Kimberley area, as it will remove offenders from their local family structure. The Kuruman and Springbok correctional facilities are overcrowded by 129% and 121% respectively.

The Northern Cape Region has a total of 3014 prisoner accommodation and currently incarcerates 3521 inmates with overcrowding totaling 116.82% for the region. An attributing factor to the overcrowding is the amount of awaiting trial detainees the department incarcerates.

2.3.2 Number of Remand Detainees per Management Area

Management area	June 2009		July 2009		August 2009
	Males	Female	Males	Females	Males	Females
Colesberg	153	2 De Aar	133	2 De Aar	141	4 De Aar
Kimberley	630	9 Kmb	566	11 (Kmb)	719	7 (Kmb)
Upington	390	1	388	4Upington	390	2Upington
Northern Cape	1173	12	1087	17	1250	13

There were 19 children on remand in custody awaiting trial. There was 1 child of fifteen years, 4 children of sixteen years of age and 14 children were seventeen years old.

2.3.3 Programmes instituted by the Department of Correctional Services

The department has instituted various programmes that are well attended by the prison population.

Social Services Programmes	Amount of prisoners enrolled
Life Skills Substance abuse: alcohol/drugs Aggression and anger management Sexual offenders Marriage and family care HIV/AIDS counseling Orientation Placement preparatory/pre release Supportive services Crime prevention Trauma Assessment on model of intervention	252 698 559 279 829 247 644 493 1314 966 153 840
Spiritual care programme
Church services Group sessions Individual interviews	2 249 2 577 5 495
Psychological programmes	95 prisoners enrolled

Number of offenders participating in formal education programmes

ABET level programmes

Area	Male	Female	Youth	Disabled	Total
Pre-Abet	289	9	50	0	348
ABET L1	188	22	52	1	263
ABET L2	158	14	56	8	236
ABET L3	161	19	91	19	290
ABET L4	225	46	51	67	389
TOTAL	1021	110	300	95	1526

Mainstream programmes

Area	Male	Female	Youth	Disabled	Total
Grade 10	25	0	8	0	33
Grade 11	5	0	4	0	9
Grade 12	240	14	28	0	282
TOTAL	270	14	40	0	324

Number of offenders participating in skills development programmes

Area	Male	Female	Youth	Disabled	Total
Entrepreneurial	0	0	0	0	0
Computer skills	12	0	0	12	12
Occupational skills	57	0	32	89	57
Vocational training	60	0	32	92	60
TOTAL	129	0	64	193	129

Number of offenders participating in sports, recreation, arts, culture and library programmes

Area	Male	Female	Youth	Disabled	Total
Sports	5313	150	2520	2	7985
Recreation	6020	72	2372	2	8466
Arts	404	39	395	3	841
Culture	659	23	644	0	1326
Library services	1964	293	477	0	2734
TOTAL	14360	577	6408	7	21352

2.3.4 Overview of the New Kimberley Correctional Centre

· The New Kimberley Correctional Centre

The New Kimberley Correctional Centre will provide accommodation for 3000 medium security adult male offenders and construction commenced on 14 November 2006, with a 24 month construction period. This is a pilot project designed by 12 South African consultants and is a prototype for new prison construction projects in South Africa. The design and construction lessons learned will benefit other new centres and includes state-of-the-art security measures and systems. The centre is the largest construction project in Kimberley with 6 km of pipeline for sewer and storm water with a current contract value of R851 739 663.97.

· Black Economic Empowerment (BEE)

This contract is a joint venture between Grinaker-LTA and Keren Kula Construction. The majority share holders with 75% shares of Keren Kula Construction are Historically Disadvantaged Individuals (HDI), mainly women. The value of the joint venture is a 70:30 split and is split as follows:

o Grinaker-LTA: 70% = R537 million

o Keren Kula: 30% = R230 million

Fourteen HDI Sub-contractor firms are being employed. The value of the contracts totals R197 million. The Contract Participation Goal, value of work to be subcontracted to HDI subcontractors, is 29, 79%.

· Construction progress

The project is currently ten weeks behind schedule with delays attributed to changing site instructions. The practical completion date is 01 November 2009.

· Achievements

The National Youth Services enrolled 100 students and 86 students successfully completed programmes in building, carpentry, electrical, plastering and plumbing. An additional 1168 Work opportunities were created for local unemployed persons on site which includes:

o Ex-offenders (137)

o Women (96)

There is a culture of collaboration between potential employers and released offenders with SMME & BEE promotions.

o 413 entry level posts filled

o Economic boost for local businesses

· Challenges and risks

o Excessive inclement weather

o Country wide steel shortages (steel price escalated with +/- 60%)

o Shortage in qualified artisans

o Price escalation determined by Bureau of Economic Research (BER) indices

· Marketing of the New Correctional Center

The local community was informed about the various rehabilitative programmes through media, imbizos and outreach activities. The department encourages the community to participate in correctional matters as it believes corrections are a societal responsibility. The department intends marketing and promoting pockets of excellence within the New Kimberley Correctional Center.

· Other Challenges

The department informed the delegation that staff members were supposed to be paid the new salaries, stemming from a revision of the 5 day work week to a 7 day work week, on 15 April 2009. This did not happen and as a result officials are disgruntled. The department has undertaken to pay salaries on 15 August 2009. The revision allowed the department to phase out the large amount of overtime that was claimed in previous years.

Engagements with the Department of Correctional Services presentation:

· The department was requested to supply information with regard to terminally ill patients and those who qualify for early release. They reported that there are 4 prisoners in Upington and 1 case in Kimberley and no cases of terminally ill patients in Colesberg. Terminally ill prisoners require two medical practitioners to give reports on a prisoner’s condition before an early release is granted. The Parole Board, an independent entity, reviews the cases and will render judgment on the early release request.

· The department reported that there was one prison break in the Victoria West prison during the 2007/08 financial year. There was one escape at the Berkley West prison in the current financial year. There was an attempted escape 3 days ago.

· The department assists married men and women to maintain the relationship with their spouses. The social workers arrange joint consultations to plan their future and discuss how they will run the marriage going forward. The family programmes also focus on healthy lifestyles for families and encourage families to be together.

· The department no longer pays overtime. This was phased out as of 01 July 2009. Officials that work Sundays or on Public Holidays are paid according to the requirements of the Basic Conditions of Employment Act, no-----

· The delegation expressed its concern with the moratorium placed on employment as it contradicts the President’s call for 500 000 jobs to be created. This calls for every department to contribute towards creating jobs. This is a matter that will be raised with the Minister of Correctional Services.

· The delegation also noted the department’s frustration that staff were still waiting for the new increases in salary to be implemented. The delegation will make a note of monitoring the situation and will take up the matter with the Minister.

· The department was encouraged to break down the overcrowding to indicate capacity per cell.

· The delegation needed clarity on the categorisation of prisoners and the department replied that besides separating offenders male from female and adults from children, it also categorises offenders in terms of the risk they pose to the facility and the community. Maximum category prisoners are housed separately from other medium category prisoners. The department also categorises prisoners into age groups and houses the aged separately from younger offenders to avoid abuse to the elderly.

· The department noted that the Victoria West facility is in urgent need of refurbishing. Those facilities under currently being refurbished simply undergo a facelift, no additional accommodation is built.

· The De Aar and Galeshewe Children facilities are places of safety and they are run by the Department of Social Development.

· The presentation did not make mention of the department’s needs and needed more depth into the problems faced by the officials. No mention was also made of the amount of female officials in the department, specifically black officials.

· The department was questioned on its correctional programmes and the delegation found it lacking when applied to children. It is of the opinion that the programmes must be geared to reaching young offenders to instruct them on alternative choices to better their lives. The department acknowledged that there was a lack with regard to presenting the counselling as it should be done. The department further acknowledged that it was not achieving the goals that it had set with regard to reaching offenders. The department struggles to attract social workers and psychologists to regions such as Upington or Colesburg. These professionals prefer deployment to areas such as Bloemfontein or Gauteng. The social workers serving in the Northern Cape region therefore have a high case load which impacted on the quality of counselling that is offered.

· The delegation needed clarity on the members that are elected to the parole boards and the process that is followed. The department replied that policy provides direction on the appointments to the parole boards in that appointees must be community leaders, it must be people of good standing in the community and the advertisements stipulate the requirements. The portfolio committee is invited to be a part of the short listing process and to participate during the interview process.

· The department was requested to refrain from hiring buildings to accommodate officials but to rather plan and budget for the construction of its own facilities.

· The morale in the department must be looked at specifically with regard to benefits of the warders. The loss of medical aid funding is felt by lower ranking officials and leads to disgruntled workers not performing their duties as they should.

· The department is requested to include the equity profile of the new members that were appointed as well as the equity profile of the staff of the Correctional Services in the Northern Cape. It was also brought to the attention of the department that of the 413 new appointees, member Faber observed them to be standing around doing no work and wandering around without supervision.

· The delegation corrected the presentation by observing that the New Kimberley Prison was a full year behind schedule and not ten weeks as stated.

· The department was advised to recheck its figures as the cost of the New Kimberley Prison actually add up to R964 million and the figures presented are not a true reflection of what is happening.

· The department took note of the comments to improve the presentations and will table a revised report with the required information included. The delegation urged the department, when reporting to the national head office, to include the issues raised with the delegation where assistance is needed and frustrations are experienced. The department must also do more supervisory work at the prisons. It is not enough to say what is supposed to be done; a supervisor must know what is happening.

2.4 Presentation by Independent Complaints Directorate (ICD)

The Independent Complaints Directorate was represented by Mr F Beukman: Executive Director and Mr M D Morema: Director ICD Northern Cape region.

2.4.1 Presentation by Mr D Morema: Overview of the Independent Complaints Directorates Services within the Northern Cape region.

The ICD Northern Cape has a total of 19 staff members which includes both Kimberley and the satellite office in Upington. The Upington office has 4 staff members with the balance based in Kimberley. Seven officials are female. Six officials are investigators with 2 based in Upington. The department is understaffed and cannot investigate all complaints brought against police officials. The department requires a total of 30 officials to effectively carry out its mandate in the NC Province. In some cases the SAPS is investigating cases against police officials due to the capacity constraints experienced by the ICD.

· Cases investigated by the ICD

The ICD, during the 2008/09 financial year, received 14 cases where persons died in the custody of police. Of the 14 cases 4 were as a result of shootings and of the 10 most were as a result of suicide. It has finalised 12 of the 14 cases and the final 2 will be finalised in March 2010.

The ICD received 290 class 3 cases, which are criminal cases other than murder, during the same period. It has finalised 189 of these cases. Class 4 cases relate to service delivery cases where the public will complain about cases that are not finalised by the police. The majority of these cases were missing key elements to finalise them and in other instances the investigating officers did not get back to the witnesses to report on progress.

During the current financial year until 30 June, the ICD received 3 Class 1 cases of which 3 have been finalised. The ICD received 61 Class 3 cases and finalised 47 of these cases. In the service delivery cases, Class 4, the ICD received 66 cases and finalised 56 of these cases.

· Oversight activities of the ICD

The ICD reported on its activities related to community outreach, oversight of the SAPS holding cells and checking compliance with the Domestic Violence Act. It reported that the national target for community outreach is set at 22 activities per annum but the Northern Cape ICD office has managed to do 66 activities for the 2008/09 financial year.

The national target for cell inspections is set at 20 inspections per annum. The Northern Cape ICD has completed 128 inspections for the 2008/09 financial year and again exceeded National expectations by doing 124 Domestic Violence audits as opposed to the set target of 20 per annum (See Oversight Functions table 01 April 2008 to 31 March 2009).

The cell inspections found, in many instances, that cells were dirty and blankets were not washed. In some cases there was no hot water during winter months. Cell inspection reports are generated after every visit for the attention of the commissioners and action is taken against police officials guilty of misconduct.

There are still many areas of non compliance with the Domestic Violence Act but the commissioners act swiftly to rectify matters when reports are presented to them by the ICD.

OVERSIGHT FUNCTIONS PERIOD: 01 APRIL 2008 TO 31 MARCH 2009

ACTIVITY	TARGET	OUTPUT
COMMUNITY OUTREACH	22 PER ANNUM	66 PER ANNUM
CELL INSPECTION	20 PER ANNUM	128 PER ANNUM
DOMESTIC VIOLENCE AUDITS	20 PER ANNUM	124 PER ANNUM

The ICD Northern Cape office reported that for the period 01 April 2009 to 30 June 2009, the office had already reached or exceeded national per annum targets as indicated by the table below.

OVERSIGHT FUNCTIONS PERIOD 01 APRIL 2009 TO 30 JUNE 2009

ACTIVITY	TARGET	OUTPUT
COMMUNITY OUTREACH	07	21
CELL INSPECTIONS	05	45
DOMESTIC VIOLENCE AUDITS	05	42

· Successes

The ICD reported that it has an excellent working relationship and co-operation with SAPS management and that the SAPS respond to recommendations on a monthly basis. All recommendations are sent to the commissioners and the management team replies with feedback whether they agree with the findings or not.

The finalisation of Class 3 criminal cases against SAPS members indicates that the ICD has finalised 65% of its case load of 290 (189 finalised), which was the highest nationally and 86% of its cases finalised in the Class 1 category. The ICD attributes this to the excellent working relationship with the SAPS. It acknowledges that it will not be able to finalise its case load without SAPS co-operation.

The ICD has finalised of 81% of its 339 misconduct cases. These are cases where police regulations are violated. The department has also finalised outstanding SAPS departmental convictions. From April 2008 to March 2009, it finalised 32 convictions and from April 2009 to June 2009 it finalised 1 conviction.

With 124 station audits, 128 cell inspections, 66 community outreach programmes and 81% output in the finalisation of misconduct cases, the office achieved the highest output nationally.

· Challenges

The ICD has inadequate personnel and requires 11 additional posts to effectively fulfill its mandate. Cases on the court roll take too long to be finalised and witnesses lose faith in the work of the ICD.

The ICD finds staff retention difficult due to the lower remuneration levels offered by the ICD in comparison with other departments that have similar responsibilities. The Department of Public Service and Administration issued a directive for all posts, within the public service, to be re-evaluated. As a result, all Assistant Directors moved to level 10 and Deputy Directors moved to level 12. The ICD re-evaluated its posts but could not effect any changes due to an inadequate budget resulting in the ICD not being able to retain its staff complement.

The ICD reported that due to budget constraints for the Province it has already exhausted its funding for traveling due to training interventions. The ICD is required to train personnel and this money comes from the money budgeted for traveling.

Engagement with the ICD presentation

· The delegation noted the ICD’s commitment to delivering an excellent service. In some cases, it far exceeded expectations and national requirements. However, the Northern Cape ICD needs to look into the possibility of curbing its oversight visits and finding a balance to allow the budget to be utilised more effectively for its core function of investigating cases. This matter is brought to the department’s attention when considering that it exhausted its budget within the first quarter of the new financial year 2009/10.

· The ICD faces problems going forward. The SAPS is expanding and its complement currently stands at approximately 183 000 officials. The ICD in the Northern Cape have 19 officials that are expected to oversee a SAPS complement of approximately 6000 members in the Northern Cape. The delegation proposed that the recently appointed Executive Director, Mr F Beukman look into separating the ICD from the Ministry of Police. The ICD must be seen in a similar vein to the Public Protector and other Chapter 9 institutions.

· The staff grading and retention problems faced by the department are becoming a common trend in the public service. The delegation needed information on the department’s docket management system. It needed clarification on where exhibits are kept for safekeeping. The June 2009 the ICD mentioned that new offices were being refurbished for the ICD.

2.5 Input by the South African Police Union

The SAPU raised the following issues with regard to the Police Department in the Northern Cape:

· The presentation by the Police did not address the Human Resource Development Plan of the department. It did not indicate whether it is in place and how effective it is.

· The provincial budget of the department was not transparent enough as not all role players are involved in its drafting.

· The SAPU was not involved in the policies relating to amongst other, the overtime implementation of the department. This affects members at ground level and the challenge is not being adequately addressed.

· The demarcation of sectors was not broadly discussed with the union. It is felt that the present model does not address the needs of the community at large.

· The promotion and appointment of officials was felt to be based on affiliation rather than the necessary qualifications and skills. The SAPU receive a lot of complaints from members with regard to promotions and it is felt that officials with the necessary skills are being overlooked.

· Much needed skills and experience within a sector is promoted elsewhere and new trainees were brought in that did not improve the sector policing.

· The effectiveness of the mentorship programme for sector managers was questioned as they were not given the necessary attention.

· Invitations were not extended to the unions by the Provincial Portfolio Committees to make input into what was happening within the Department of Police.

The SAPU indicated that they have a good relationship with the management of the police and there was an open door policy at the department.

2.6 Presentation by Department of Justice and Constitutional Development

The Department of Justice and Constitutional Development was represented by Mr R Isaacs, Regional Head Northern Cape, Mr R Mollekar: Deputy Director Legal Administration, Mr W Van Rensburg Assistant Master at the Master’s Office and Mr J Nel Deputy Director Provincial Facilities Manager.

Also in attendance were Mr Gcilitshana Nolukhanyiso Deputy State Attorney at the State Attorneys Office and Mr Magate Andrew Nkgapele Principle Attorney Legal Aid South Africa.

2.6.1 Mr R Isaacs: Regional Head Northern Cape presented the delegation with an overview of the Department of Justice and Constitutional Development’s services within the Northern Cape region.

The department’s strategic objectives are:

· Access to Justice for All

· Enhancing Organisational Efficiency

· Transforming Justice State and Society

The department has a full complement of Justice Services in the Northern Cape and comprises:

1) Regional office 6) State Attorney

2) High Court 7) Master’s office

3) District courts 8) NPA

4) Regional courts 9) Justice Center (Legal Aid South Africa)

5) Family Advocates

The department reported that all the courts in the region are equality courts. It has the following service point available:

· 35 District Court

· 12 Regional Court seats

· Small Claims Courts

· Equality Courts

· 21 Periodical Courts

· 45 Administrative service points

· High Court, with 5 circuit courts

The department reported that the High Court is waiting for Parliament to finalise the Superior Courts Bill, so that it can take over Pampier Stad and Kurumane districts as well. The matter relates to the determination of magisterial boundaries for those regions.

Further applications will be lodged to declare the following areas as periodical courts:

· Steinkopf (Springbok)

· Pella (Pofadder)

· Aggeneys (Pofadder)

· Onseepkans (Pofadder)

· Alexander bay (Port Nolloth)

Places such as Aggeneys and Pella find it difficult to access court services, hence the need to establish periodical courts in the area. The administrative services consist of a mobile unit with a clerk of the court that processes applications such as maintenance orders, etc. The applications are transferred by the department to the main court for processing. This alleviates the need for the people to travel to access court services.

Indigenous Languages Project

This project entails doing cases in one language in the courts. The majority of cases so far demands Afrikaans. The department has magistrates that attend to Setswana and IsiXhosa cases.

The intermediary services entail the following:

· Two intermediary services in Kimberley, 1 in Upington, and 1 in Springbok for the implementation of the

Children's Act.

· Room with camera (CCTV) and recording system. 20 Courts currently have the system in place.

· Television in court

· Entire system is connected to the court recording machine

· At present, the department has 22 operating

· The department is currently processing the balance of 13 – to be completed in the 3^rd quarter.

There are two (2) sexual offenses courts, namely Kimberley and Upington.

Although the department has two dedicated Sexual Offences Courts in the region, the Regional Courts sit at every Magistrate’s Court in the region. The Regional Court will also sit at a Periodical Court site should the need arise. The department does not expect any children to be transported to a court as it takes the courts to the vulnerable

Sample of the cases in court:

	Sept 08 – March 09	Apr 09 – June 09
Criminal Cases	15313	7367
Maintenance	2715	8704
High Court	43	51
Small Claims Court	723	278
Equality Court	10	0

The department has 43 district court magistrates in the region. This figure excludes regional court magistrates.

Every court has a case flow committee managed by the local magistrate and supported by the cluster representatives.

The department has embarked on a vigorous process to take services to the people:

· Galeshewe Magistrates court (completed in October 2009. Value R 51 million

· New Colesburg Court is done. Value R 30 million

· Danielskuil 45%. Completion in December 2009. Value R 5.4 million

· Deben 100% complete. Value R 1.7 million

· Garies tender date October 2009. Value of project R10.4 million

The department has fully computerised as follows:

· E-mail, Virtual National and International Libraries, financial system, procurement system, asset management system, maintenance and masters EFT systems, masters case management systems, criminal, civil and small claims court case flow systems, case scanning systems, HR systems and national operations center statistical systems.

Engagement with the Department of Justice and Constitutional Development presentation

· The Department of Police and the Department of Correctional Services reported on the backlog of cases at the courts. The Department of Police reported on cases that have been finalized and sent for prosecution but are still staying too long on the court roll. The Department of Justice and Constitutional Development presentation did not touch on this subject and members needed clarity from the department.

· The department replied that it has established case flow committees in all courts in the Northern Cape Province to facilitate the management of cases. The case flow committee is headed by the Magistrate and supported by the cluster representatives for Social Services, SAPS, Correctional Services, the National Prosecuting Authority (NPA) and the Department of Justice and Constitutional Development.

· The case backlog is dealt with by the case flow committees. The backlog is attributed to postponements applied for by prosecutors for various reasons such as witnesses not being available.

2.7 Appreciation

The delegation thanked the attendees for the day’s fruitful deliberations. It extended its thanks to the additional guests in attendance.

In attendance for the Provincial Executive

· Hon. Patrick Mabilo: MEC Transport, Safety and Liaison

In attendance for the Department of Safety and Liaison:

· Mr W T Gerber Quality Assurance Manager

Additional guests in attendance:

· Mr X Ngcongco, Provincial Community Police Forum Chairperson

· Reverend A Dywili, Youth Development Office of the Premier,

· Mr D Moleti, Deputy Provincial Chairperson South African Police Union

3. Site visits to Correctional Centres

3.1 Site visit to New Kimberley Correctional Facility, Sol City, and Galeshewe

The delegation led, by Mr l Ncongwane: Deputy Regional Commissioner Free State and Northern Cape region, met with Mr Hannes Marais, the Senior Project Manager Public Works Department in charge of the construction of the new facility.

The envisaged completion date of the construction of the facility is at the end of October 2009. The completion of the systems will progress for approximately 2 months. The department estimates that the facility will be fully functional by end January 2010.

Cell construction:

· 6 cells per block.

· 10 beds per cell.

· It includes a fire escape route, food dispensary and fully equipped laundromat.

· A communal eating area.

· Communal showers.

The facility is self sustaining with an-in house bakery. It has facilities for a workshop, textiles manufacturing, class rooms and maintenance workshops. The central kitchen supplies the prison population with its dietary requirements and will be operated by prisoners.

Hospital facilities:

· An in house 40 bed hospital facility.

· Pharmacy.

· Dentistry.

The facility will have its own doctor on the premises and physiotherapist. It will cater for minor injuries sustained by prisoners.

Challenges:

· The completion date is subject to change depending on further changes to site instructions.

· The storing of furniture until the completion of the facility currently poses problem as the department is paying for storage.

3.2 Site visit to Kimberley Prison

The delegation was led by Mr T Khumalo: Head of the Prison.

The facility comprises a Women’s facility, Juvenile detention facility and a Male facility. The New Kimberley Correctional Facility is expected to take 60% of the pressure off the current Kimberly prison. It is envisaged that the Kimberley prison will in future, house mainly awaiting trial prisoners.

Women’s facility:

· It has 52 female offenders.

· 2 babies are currently in the facility with their mothers.

· Babies stay up to 2 years with their mothers before being transferred to live with family on the outside.

· There are approximately 26 beds per cell.

Female awaiting trial detainees:

Currently, there are 6 juvenile awaiting trial detainees. The facility has beds for 16 awaiting trial detainees. The longest awaiting trial detainee has been at the facility for 4 months.

Female detainees:

The delegation heard Ms Rosette Maine’s appeal for assistance. She was sentenced to 14 years imprisonment for conspiracy to commit murder. An appeal was lodged on the same day as sentencing but she has been waiting for 5 years for her appeal to be heard. She was transferred to the facility from Johannesburg to serve her sentence.

Male Juvenile facility:

· The age groups range from 16 year to 18 year old males.

· Facility overcrowded.

· Detainees often not able to pay bail amounts and therefore remain in prison.

Management of the awaiting trial detainees are a cause for concern to the delegation. The juveniles detained are living in cramped conditions within a facility that needs refurbishing.

Male facility:

The delegation inspected the long term prison section of the Kimberley Prison. It hosts prisoners with life sentences. The prisoners undergo a 6-hour risk assessment orientation to establish the risk to the prison, warders and themselves. This is followed by a 3-week orientation related to social services. This is followed by an in-depth assessment of the needs of the prisoner.

It was observed that prisoners still find ways and means of smuggling drugs into the facility. A strong smell of dagga was evident in one of the male cells. Prison warders undertake regular inspections but the problem persists as external accomplices sling bottles filled with drugs over the prison walls.

Delegation’s observations:

Awaiting trial prisoners are a serious concern that must be dealt with by the relevant role players in the Judiciary and departments concerned. Further correspondence will be entered into with the Departments of Justice and Constitutional Development, Correctional Services and relevant role players to determine a way forward.

Appreciation

The delegation thanked the Deputy Regional Commissioner, Mr l Ncongwane, the Head of the Prison, Mr T Khumalo and officials that accompanied the delegation on the site visit.

4. Site visit to various police stations, magistrate’s court and ICD offices, 19 August 2009

4.1 Kimberley Police Station

The delegation toured the facility and received a presentation of the police station’s services within the community.

In attendance for SAPS: Mr K J Sithole, Deputy Provincial Commissioner Mr A C Wentzel, Senior Superintendant Mr K J Sithole Deputy Provincial Commissioner Senior Superintendent A C Wentzel, Senior Superintendent L P Mtirara, Captain M E Gaobodiwe, Superintendent J D Zwane, Superintendent M G Skosana, Superintendent G C Makgari, Superintendent D A Selogiwe, Captain C Jantzen van Nieuwenhuizen, Captain D J Boshoff, Senior Superintendent J F Abrahams, Superintendent L M Sithole, Inspector W Erasmus, Inspector C J De La Rey, Sergeant M Van Der Walt, Ms L Louw Admin Clerk, Mr D S Fourie Head of Support. In attendance: Miss Palusca Junior title holder Ms Wilsca Smith, Chairperson Community Police Forum (CPF) Kimberley Mr Ashley Brookman, Deputy Chairperson CPF Ms Getrude Appies, M Werth CAC.

In attendance for Provincial Department: Mr W T Gerber Department Safety and Liaison In attendance for Northern Cape Provincial Legislature: Ms B Mbina MPL Northern Cape Provincial Legislature and Mr N C Tshandu Committee Co-ordinator Northern Cape Provincial Legislature joined the delegation.

4.1.1 Director Dennis Fourie, Head of Support Services presented the delegation with an overview of the Kimberley Police Stations services within the Kimberley region

Station details: Kimberley Police Station, Transvaal Road, Northern Cape.

Station Commissioner: Director J J Van Der Westhuizen.

The Station is well-marked and clearly identifiable. The station is in good repair, albeit that it is situated in an old building. The general information about the station, crime statistics, National Complaints Hotline and police personnel are prominently displayed.

The cells were not overcrowded on the day of the visit, but the delegation pointed out that the cleanliness of the cells need attention.

The station could not produce the CPF visitors’ book for inspections of the cells.

The station indicated that it experienced problems with the language of different cultures and indicated a problem with probation officers not being available.

The stations section 13 stores are in good condition with lockable facilities. All exhibits are clearly marked and one person has access to the store. A case of missing money was reported and the case is currently being investigated.

The Community Police Forum recently elected a new chairperson after experiencing operational difficulties during the 2008/09 financial year.

Theft is a priority crime at the station and although the station receives cases related to murder, it is not as common in the Kimberley region. Murder decreased by five cases for the first quarter of 2009.

Engagement with the presentation:

• The delegation highlighted the hours lost on sick leave. The station must follow up with individuals and request their sick leave certificates to prevent police officials abusing the sick leave entitlement.

• The detective training programme indicated some openings that detectives were meant to utilise. The Deputy Regional Commissioner agreed that the training that is made available will be monitored in future and detectives will be sent to utilise the services.

• The report indicated that detectives have 77 dockets each. The delegation considers this to be a high caseload to manage. The delegation required information regarding the stations migration to the E-Docket system.

• The delegation also noted that the fire fighting equipment was not updated for the past year.

• The station representatives explained that it was cost-effective to use private security to patrol the police precincts rather than police officials as this released more police officials to patrol the community.

4.2 Galeshewe Presidential Police Station

In attendance for SAPS: Mr K J Sithole Deputy Provincial Commissioner Director P Myburgh Superintendent M L Mooketsi Senior Superintendent E S Mills Senior Superintendent T K Diakanyo In attendance for Provincial Department Safety and Liaison: Mr W T Gerber

In attendance for POPCRU: Mr Alec Koti Shopsteward In attendance for Community Police Forum: Mr J Kasa CPF Chairperson In attendance for Department of Correctional Services: Mr I J Mohudi, Head Social Reintegration Kimberley Management Area

4.2.1 Station details: Galeshewe Police Station, Galeshewe Cluster, Northern Cape

Station Commissioner: Director P A J Myburgh

The station has clear signage and is clearly identifiable. The general information on crime problems in the area and police personnel is clearly visible. The National Complaints hotline is also clearly displayed for public information.

The facility is well maintained and has all the necessary amenities such as:

· Private rooms to take statements

· A victim support centre for counselling of victims

· Trained volunteers to deal with abuse and rape cases

· Trained SAPS members to deal with abuse and rape cases

· A female members in on duty at all times

· Adequate seating for the public in the service centre

The station receives more than 40 complaints per year. It has conducted approximately 10 disciplinary hearings during this time.

The last dated entry for the Domestic violence Register is 15 August 2009. The station reports that more than 75% of its personnel are trained on domestic violence. It received approximately 300 cases of domestic violence from January 2008 to December 2008.

Holding cells are in a good condition and the station complies with the required expectations when holding prisoners. It reports that there have been 2 incidents where prisoners have escaped from the cells.

The Section 13 stores also report that there have been 2 incidents of theft. The exhibits are properly labled and the station can provide the inventory.

The Community Police Forum (CPF) Chairperson is Mr Kasa. The CPF is functional and meets once a month. They are well attended and minutes that reflect attendance are kept. There is a good relationship that exists between the SAPS and the CPF. The CPF budget is sourced from an annual golf day fundraising event. The CPF has not established a neighbourhood watch.

The station currently has between 16 and 40 vacancies.

The station reports that there are insufficient interview / meeting rooms for detectives.

The station requires the following equipment:

· 11 additional sedans

· additional double cabs

· 2 mobile CSC

· 10 more computer terminals

· Hand radios are in short supply

· First aid kits for vehicles are in short supply

· Reflective crime scene jackets

· Cell phones for specialised units

The station reports that there are inadequate facilities for the safekeeping of dockets. The station has had 2 cases of dockets that were stolen and reports that the next court date for the theft of the case dockets is 28 October 2009.

The station reports that there is no shortage of bulletproof vest and a sufficient quantity of plates for the vests exist. Members are not issued with their own bulletproof vests.

4.3 Northern Cape Youth Crime Prevention Framework (NCYCPF) Presentation

In attendance for the NCYCPF: Rev. Dywili Chairperson NCYCPF, Mr D Sebolai Deputy Chair NCYCPF, Lebang Maraba Chairperson Youth Against Crime, Ms Mpho Mokoto Deputy Chairperson Youth Against Crime, Mr N Goemana Desk Co-ordinator for NCYCPF, Mr H Kwena Co-ordinator for NCYCPF, L M Moletsa Youth Against Crime, Ms N Motswakgomo Head of Public Relations NCYCPF, Ms D Mogapi Desk Co-ordinator of Sports and Recreation NCYCPF

The Northern Cape Youth Summit of 2007

· Summit gave rise to the NCYCF

· Summit presented variety of challenges for youth:

o Blocked opportunities

o Marginalization from the mainstream economy

o Crime: Offenders and Victims

o Lack of Co-ordinated Processes in dealing with youth matters

The Northern Cape Youth Crime Prevention Framework seeks to:

· Integrate all youth formations in the Province

· Ensure that all government departments and the civil society youth programs and activities are integrated

· Deal with silo-ship approach in addressing youth related matters

· Ensure compliance with government policies such as National Youth Development Policy Framework, Youth Commission Act, Provincial Growth and Development strategy, National Crime Prevention Strategy

· Conduct research in relation to youth matters

· Build youth crime prevention capacity programs

· Address crimes against women and children through the six pillar approach as enshrined in the SAPS strategic plan 2005-2010

MISSION

To create an environment that enables co-ordinated and integrated intervention for a safer and better life in Northern Cape, through

· Restoration of the moral fibre among youth

· Ensuring of a multi-sectoral collaboration and community participation in addressing youth matters

· Ensuring transparency and accountability

· Directing the strategic location of socio-economic infrastructure

Strategic Matrix:
Focus Area	Objective
Community Centered Crime Prevention Approach	n To ensure total reduction of crimes against women and children n To ensure effective crime prevention through environmental design n To ensure a community centered approach in all youth interventions.
Education and values	n To design a community based education programme to enhance community participation and awareness n To restore the moral fibre of young people through moral regeneration programs
Integration and research	n To develop research capacity and ensure management of research processes / products. n To create synergy between integrated research and planning. n To develop best practice for the Framework

Engagement with the NCYCPF presentation:

§ The delegation, on its site visit to the Kimberley prison, saw very young offenders languishing in jail. It observed that there were no young white children in this prison. Many of the problems faced by previously disadvantaged communities relate to the legacy of apartheid, however it does not give an individual a reason to commit crime. The NCYCPF was encouraged to include youth from different cultures in the framework to bring on board a better understanding of the problems faced by the broad spectrum of society in the Northern Cape and to find solutions to prevent youth related crime.

§ Many of the children incarcerated committed rape and substance abuse and we cannot have a future when the youth are in conflict with the law. The NCYCPF was encouraged to visit the youth that are currently in the Kimberley prison and attempt to transform their thinking.

§ The profiling of the framework is very important for the success of this project.

§ The NCYCPF was encouraged to produce the framework in other languages to promote a better understanding of the framework with previously disadvantaged communities. This will go a long way to targeting the relevant communities affected by crime. It is imperative that the NCYCPF does not only focus on Model C schools but must target public schools to draft leaders, as this is where the real problem lies. As a member pointed out, “Good leaders emerge from difficult circumstances or humble beginnings.”

§ It is imperative that the NCYCPF export the framework to other schools as soon as possible. If youth from disadvantaged communities can see the heights the youth representing the NCYCPF are achieving, it will inspire them to succeed. There are young children in prison and this programme is the way forward to change a person at an early age.

§ The delegation suggests that the NCYCPF link up with the junior municipality programmes in the Northern Cape. It is important that the NCYCPF export the framework to all the political components available in the Northern Cape Province. This will allow the political resources available in the Northern Cape to work on every aspect of the framework and allow the framework to grow beyond its current borders. The sharing of ideas can address the problems more effectively and find solutions to the problem of funding the framework. The NCYCPF must quantify the project so that Parliament and business can buy into it.

§ The Junior Commissioner programme should also filter down from commissioner level to include constable level programmes. One of the failures of the National Youth Commission was that it became an elitist structure. It is therefore essential to educate the youth on the aspects of every job that makes this country work and to be inclusive of every job. There will always be a need for constables and other less attractive jobs like cleaning services but these jobs add value to society and perform vital services.

§ In recent years, members have seen Northern Cape children appearing on television and representing South Africa on various global issues. It is good to see such productivity appearing out of the Northern Cape. The NCYCPF framework is one of the best frameworks seen. The delegation was very proud of the accomplishments of the youth representing the NCYCPF.

4.4 Meeting at the Office of the Northern Cape Judge President

In attendance: Northern Cape Judge President Mr F Kgomo, Senior Judge S Majiet

In attendance: Mr R Isaacs, Regional Head Northern Cape Department of Justice and Constitutional Development

The Judge President informed the delegation that the select committees have met with the Judge President previously. He also informed the delegation that they hold regular meetings with the departments of Correctional Services, Police, Health and Social Services to facilitate intergovernmental co-operation.

The delegation interacted with the Judge President on issues affecting the courts. The Judge President assured the delegation that police are not used as court orderlies as they do have people appointed to fulfil those positions. The police are present when awaiting trial prisoners are escorted to the court.

The slow rate of conviction and withdrawal of cases depend on a number of factors. The case must be properly investigated and the prosecution must also properly conduct the case.

The Judge President drew a comparison with the North American judiciary where conviction rates are as high as 97%. He attributes their success to the cooperation between the prosecution and police who cooperate during the investigation of the case.

Another factor influencing the conviction rate is the amount of prosecutors assigned to a court. In some instances the court roll has 15 cases and one prosecutor must co-ordinate all the witnesses and people involved in the case. When a witness is not available the prosecutor has to consult and the court has to postpone the case.

Withdrawal of cases is not the responsibility of the presiding judicial officers, judges or magistrates. It is a formal process that happens in court; the prosecutor informs the court that a case is withdrawn based on certain factors such as lack of evidence or further investigation.

The Judge President informed the delegation that the Law Commission has recommended that the state must be able to appeal not only on questions of law but also on questions of fact. This relates to matters where a person that should have received a conviction is wrongfully acquitted. This is the procedure currently followed in Namibia.

Magistrates sit in court for approximately 3 hours per day. Magistrates then have to prepare a judgement on those cases and to do justice to the case may only submit a judgement 2 or 3 days later. If a case has been heard for a number of months there is a lot of evidence that must be weighed and judgements cannot be rushed to facilitate a faster conviction rate. Statistics can be misleading in these cases and when Quality Assurance Officers only look at statistics it paints a misleading picture of what actually happens.

The delegation thanked the Judge President and Senior Judge for attending the meeting and clarifying the issues related to the administration of justice.

4.5 Site visit: Magistrates Court Kimberley

In attendance: Management of Magistrate Court, Kimberley: Mrs Rosemary Terreblanch: Acting Chief Magistrate, Mr Mhlabahlaba: Senior Magistrate.

Department of Justice and Constitutional Development: Mr R Isaacs, Regional Head Northern Cape

Northern Cape Legislature: Mr Tshandu, Committee Co-ordinator Northern Cape Legislature

The delegation raised a number of concerns:

· The backlogs at courts

· Awaiting trial prisoners and bail conditions

· Police acting as Court orderlies

· Appointment of Magistrates

The backlog of cases at courts:

The Acting Chief Magistrate acknowledged that every court experiences a backlog problem. She identified Legal Aid South Africa as being one of the problem areas at the court. The Magistrates are often informed too late that Legal Aid South Africa will not be able to meet its obligations at court.

Another area of concern is that Prosecutors are not properly trained. It takes up to two years for Prosecutors to be appointed. The Northern Cape Province is used as a training ground at the moment where aspirant or trainee Prosecutors gain experience. This does not assist in getting the cases finalised. The Acting Chief Magistrate informed the committee that there is one tutor to assist five trainee Prosecutors.

The Kimberley Magistrates office has a full complement of Magistrates but the support is not readily available from the other departments to finalise cases.

Mr Mhlabahlaba informed the delegation that although the trainee Prosecutors are in Kimberley the Northern Cape has a shortage of Prosecutors and this contributes to the backlog of cases.

The problem has been raised with the National Prosecuting Authority Appointments Committee and the Magistrates’ Commission has been informed of the situation.

Prosecutors and detectives investigating cases have regular case flow management meetings to review dockets and evidence in preparation for presentation in Court.

There are case preparation detectives at six courts in the Northern Cape that quality check dockets before submitting them to the Prosecutor. This is being done in alignment with the review of the Criminal Justice System. Currently only Upington, Kimberley, De Aar, Kuruman, Springbok and Colesberg have the case preparation detectives. It is being rolled out to the other courts in alignment with the MTEF period.

The Kimberley Magistrates court has permanent case preparation detectives and the Department of Justice and Constitutional Development assists the SAPS by providing offices and computer equipment.

There is a Chief Prosecutor, 2 Senior Prosecutors and 15 Prosecutors in the Kimberley Magistrates Court.

The Kimberley Magistrates court has 18 courts with one Prosecutor assigned to a court. The delegation was informed that the Judiciary views this matter as a serious concern and went so far as to summons Advocate Tenga, the Director of Public Prosecutions in the Northern Cape, to appear in a Regional court in Upington to explain the shortage of Prosecutors. She failed to appear at her third court appearance and was summarily found in contempt of court.

Mr Isaacs informed the delegation that the NPA only advertise once a year for prosecutors.

The delegation will determine from the NPA the amount of vacancies within the Northern Cape Province.

Police officials used as Court Orderlies:

The Department of Justice and Constitutional Development has an arrangement with the SAPS to use police members as court orderlies to maintain security during court proceedings. The department has not considered the matter of replacing the SAPS with private security firms.

The matter was raised that the SAPS employ private security to secure police buildings to free police members for duty in the community. The delegation was informed that 38 police members are used as court orderlies in Kimberley. This is of concern to the delegation as police members are sitting in court when they should be on active duty in the community.

The department is concerned about the risk involved with dockets if it should employ private security firms. The delegation is aware that the situation is sensitive but the department of Justice and Constitutional Development and the SAPS must be allowed to find a workable solution to the problem.

Awaiting trial prisoners and bail conditions:

Mr Isaacs informed the delegation of previous attempts to facilitate a review committee with the department of Correctional Services, National Prosecuting Authority and the SAPS to facilitate the review of cases of awaiting trial prisoners. The facilitation intended to review the dockets that relate to less serious crimes where the offenders qualify for bail.

The review committee faltered because the SAPS were not present at the meetings. The SAPS are in charge of the case files and their absence severely hampered the review of the cases.

The delegation requested the Mr Isaacs to revive the review committee and committed the Chairperson of the Select Committee on Security and Constitutional Development to contact the Regional Commissioner and the Deputy Regional Commissioner to ensure that the SAPS are available for this meeting.

The delegation requested a report on the proceedings of this meeting once concluded.

The delegation expressed its dissatisfaction with the co-ordination between departments to resolve this matter. The departments concerned report that the problems they experience are as a result of another department’s lack of performance. The review committee will resolve many of the issues relating to awaiting trial prisoners. This is especially so when regarding the amount of money spent to accommodate an awaiting trial prisoner per day as opposed to the amount of bail set by the courts.

Appointment of Magistrates

The Acting Chief Magistrate reported that there are challenges faced in the appointment of Magistrates to a specific area. Magistrates are appointed to specific boundaries and when an acting Magistrate is need in another district an application process must be followed that takes some time to complete.

The delegation requested the detail of the matter to be forwarded to the Committee for review with the department of Justice and Constitutional Development.

4.6 Site visit: Independent Complaints Directorate Offices

The Committee visited the offices of the Independent Complaints Directorate (ICD) situated in the Old Sal Pinder Building, No 47 Thompson Street.

The Committee met with staff members of the ICD and discussed matters related to the operation of the ICD in the Northern Cape:

· The capturing and storing of dockets and the management thereof in the ICD

· The functioning of the computer systems and whether they are linked to any external databases

· A concern the committee had on the storing of exhibits at police stations

· The amount of oversight done by the ICD

Satellite offices of the ICD are located in the major city centers such as Upington and they are reportedly functioning well.

The ICD reported that the budget of the ICD was cut during the last MTEF cycle. The ICD office reported that it has a component dedicated to oversight and monitoring. The delegation noted that too much time is spent on oversight and monitoring of police stations and the ICD should concentrate more of its resources on investigating cases. The presentation by the ICD indicates that the ICD depleted its budget within the first quarter of the 2009/10 financial year. The delegation noted that a possible cause is the amount of oversight and monitoring it does. This detracts from its primary mandate of investigating cases.

It was noted that the ICD office has a DSTV installation but staff could not verify whether this is sourced from the budget of the office.

Dockets are kept by the ICD office and copies of it are loaded on the electronic system. Hard copies are also kept until the case is finalised.

Exhibits are logged by the SAPS but only to get the SAP13 record number. The exhibits are then taken out, packaged and sent to the laboratory for analyses.

The ICD office reported that on average an investigator handles 5 dockets a month.

4.7 Lohatla Land Claim

In attendance for Regional Land Claims Commission: Free State and Northern Cape: Mr S Hlongwane Regional Land Claims Commissioner, Mr M Shibambu Project Co-ordinator and Mr P Mokomele Project Manager.

History of the claim

The Lohatlha land claim consists of the Gatlhose and Maremane communities.

They lodged their land claim in 1992 with the now defunct Advisory Commission on Land Allocation (ACLA) assisted by South African Council of Churches and the National Land Committee who had the services of the Deneys Reitz Law Firm.

The claim covers the former Gatlhose and Maremane Native Reserves which now forms part of the Lohatlha Military Battle School.

The communities were dispossessed of their land in December 1976/77.

The reasons for removal were threefold: consolidation of the homeland policy; creation of military base for the wars the state was fighting across borders and finally for black spot removal.

Negotiations and Court Judgments

The negotiations started in 1995 with communities with the aim to resolve their land claim. Three main researches were done to determine whether it would be feasible to return Lohatlha to the communities.

Their findings were the level of contamination was high to restore the land to the claimants for human settlement. There were also different mediators used to try and resolve the matter.

The former president was asked to intervene and his intervention brought a proposal coming from the two ministers of Land Affairs and Defence. This proposal saw the community at one level getting symbolic title to the land and agreeing to lease it to the SANDF.

The sticking point was proposal to remove the Khosis community who are in the middle of the battle school to alternative land near the base. The communities rejected these proposals and decided to go to the Land Claims Court.

There have been visits by the Portfolio Committee to the communities to see how the matter could be resolved. In 2003 the Land Claims Court pronounced itself on the matter. On its majority decision, the Court ruled that the land could not be returned to the claimants. This was confirmed by the full bench of the Supreme Court of Appeal in March 2004. In 1999/2000 when the claimants were agreeing to alternative land, the State had gone ahead to engage farmers to purchase the land and out of that process three main farms were bought. However, the claimants changed their minds about alternative land to go to court in 2000; these had to be leased out.

Lohatla Land Claim

Gatlhose and Maremane combined have lost 62 000ha or to be exact 61 954.4883ha

· Gatlhose Native Reserve was 49 778.9225ha

· Maremane Native Reserve was 12 175.5658ha

· Area occupied by Khosis is 14 000ha

Memorandum of Understanding

In April 2004, the then Minister of Agriculture and Land Affairs visited the communities in Kuruman.

The intention was to determine if the communities still wanted to pursue this matter further to the Constitutional Court and also to place on table the State’s offer to assist in identification of alternative land.

Consultations with the representative committee of the two communities revealed that they had exhausted their remedies in terms of court processes. A draft MOU was proposed on how the claim would be settled, alternative land identified and commitment to transfer the farms bought in 2000 to the claimants.

Acquisition and transfer of land

For those hectares lost

· 902.118ha have already been transferred to the community

· 2 747.8512ha to be transferred to the communal Property Association once the Settlement Agreement has been signed

· 2 351.4644ha purchased for Maremane ready to be transferred to the legal entity

· And all of these farms are in the Postmasburg area – have benefited the Maremane community

· For Gatlhose who wanted land between Kuruman and Kathu negotiations are still on with the private land owners

· The Chief Land Claims Commissioner met with Agri Northern Cape on June 2007 and the department is waiting for them to come back with a proposal

Current processes

· Identification and verification of claimants

· Setting up of legal entities – for Maremane the Communal Property Associations and for Gatlhose in the process of setting up

· Identification of more land particular for Gatlhose communities

· Options workshop for those who would like to remain on the compensatory land

Challenges

· Impatient communities

· The Khosis question – (in the middle of the battle school)- the Courts have ruled they do not have a right – they need to move out but they are not interested in identifying alternative land

· Conflicts – leadership disputes

· Land use – competition between other land uses and Mining

Challenges faced by Community in Lohatla

· Community finds transportation difficult

· Medical facilities are some distance from the Battle School

· Water and sanitation remains an ongoing concern

· Inconvenience to Battle School, expect personnel to grant them access through restricted areas to save travel time

Engagement with the Regional Land Claims Commission’s presentation:

There appears to be no co-ordination between the work of the Land Claims Commission and that of other departments. The delegation is worried that the pace at which things are moving is not fast enough. The Regional Land claims Commission is encouraged to move the matter forward with speed and impress on the relevant authorities the need to conclude this matter.

The Land Claims Commission has gone the extra mile beyond their main mandate. The Commission has gone as far as settling of the communities, facilitating their relationships and rebuilding their communal values and motivation of the communities. They have covered areas of social development and transportation. It has been a good presentation to listen to and the Commission is commended.

4.8 Presentation by Brigadier General N Mpaxa, Commandant of the SA Army Combat Training Center at Lohatla

In attendance: Lieutenant Colonel C Rogers 2IC HQ Unit Lohatla, Colonel H Slubhata SSO Force Training, Colonel H G Holtzhausen COS SA Army Training.

The delegation received a warm welcome from Brigadier General Mpaxa who appreciated the interest shown by the delegation in the operations of the base and wellbeing of the personnel. The Brigadier General expressed the hope that change will occur as a result of this interaction.

The aim of the presentation is to brief the Select Committee on Security and Constitutional Development on the Budget Alignment, Military Operations, Land Claims and Assistance from Parliament with regard to the South African Army Combat Training Center (SA Army CTC).

The South African Army Head Quarters consists of various formations or army divisions such as the Armor Formation, Artillery Formation, Infantry Formation and the SA Army Training Formation amongst others. The Infantry Formation is the largest with approximately 30 000 members.

The SA Army CTC at Lohatla falls under the SA Army Training Formation. The SA Army Training Formation has four units. The SA Army CTC is the most senior training unit. The other training units are the SA Army College in Pretoria, the SA Army Gym in Heidelberg and the last is 3 SAI Battalion in Kimberley.

The SA Army CTC responsibility is to provide combat training capability. The combat training involves co-ordinating the artillery, infantry, armored and support personnel together on a course and prepares the different units to work within a joint environment. The SA Army CTC is mainly responsible for practical training although the Brigadier General also currently presents theoretical training.

· The SA Army College presents training to senior officers, non commissioned officers and warrant officers in the art of war. It presents theoretical training up to the tactical lower level operational training.

· The SA Army Gymnasium in Heidelberg is responsible for training of all junior officers and non commissioned officers. They present formative training to all officers.

· SAI Battalion is responsible for training new Military Skills Development System (MSDS) members that are joining the Army.

SA Army Combat Training Center: History

The South African Army Combat Training Center (SA A CTC) was established on 15 January 1978 and was initially known as the South African Army Battle School, until October 2000.

Lt Gen G.L.Ramano officially unveiled the SA Army Combat Training Center on 24 October 2000.

The development of the SA A CTC originated due to an existing need for a training area where conventional and integrated training on divisional level could be executed. Combined practical training is a requirement that applies to all armies worldwide. The SA A CTC is unique in the sense that it is one of only four similar institutions in the world where exclusive and permanent facilities exist for continuous practical training. It is the only institution of its kind in the Southern Hemisphere; two of the other institutions are situated in the Mojave Desert in the United States of America and the other area is located in the Negev Desert in Israel.

The terrain has been developed and adapted since the existence of the SA Army CTC. It is necessary to accommodate specific requirements of different army units as well as training aims for the execution of modern mobile combat exercises. The key to these successes lies in the bases facilities, technology and quality of training. The role of the SA A CTC is to train forces and leaders in simulated combat conditions.

Their functions are:

· Training of commanders and staff officers for the SA Army / SANDF

· Training of forces at the tactical and operational level

· Update of doctrine

Force training by means of field exercises:

· Projection of a positive image

· Formal training

· Joint training

· Internal and adult training

· Facilitation of training of Foreign countries

A highlight in the history of the South African Army Combat Training Center is the appointment of the first female Commandant of the training institution in the SA Army and Department of Defence (DOD). History was made with the appointment of Brig Gen N. Mpaxa with effect from 01 December 2007. Brig Gen Mpaxa officially took over command on 25 January 2008.

Its mandate is to provide and maintain a Landward Common Training capability to the SA Army

Conduct of Military Operations

The execution of the mandate, mission and vision of the SA Army CTC guides the unit to:

– Present 3 x Junior Command and Staff Duties (JCSD) practical courses per year (210 members) – duration 11 weeks

– Present 4 x Integrated Sub Unit Commanders (ISUC) theory and 4 x ISUC practical courses per year (240 members) – duration 6 and 7 weeks respectively

– Present 4 x Non Commissioned Officer Operation Duties (NCO OP Duties) theory courses and 4 x NCO OP Duties practical courses per year (240 members) – duration 4 and 8 weeks respectively

– Present 2 x Forward Air Control refresher courses per year (20 members) – duration 3 days

– Present 2 x FAC courses per year (40 members) – duration 3 weeks

– Present 4 x Safety Unit Commanders refresher courses per year (80 members) – duration 3 days

– Present 4 x Safety Sub Unit Commanders refresher course per year (80 members) – duration 3 days

– Plan and execute a Course Support Exercise, once yearly Ex Para Bellum (190 members) – duration 12 days

– Host the preparation (1 month) for and execution of Ex Seboka (7 days for planning, 14 days for execution) (190 members) – once yearly

– Host and support of Foreign Training – British Armed Forces over the period 15 Jan 2010 till 03 March 2010 (Ex African Thorn)-Singapore Armed Forces 2011

– Planning session completed over the period 20 till 24 July 2009 at the SA Army CTC

Budget Alignment

· Financial Year 10/11

– Pers – R44 327 941

– Operating – R19 493 110

· Financial Year 11/12

– Pers – R44 327 941

– Operating - R20 369 569

· Financial Year 12/13

– Pers - R44 327 941

– Operating – R21 323 731

Budget Alignment

· Current Repair and Maintenance Program planning (RAMP)

– Financial Year 10/11 – R83 034 597

– Financial Year 11/12 - R95 055 888

– This is only planning figures and not confirmed yet

Areas for Assistance

· Personnel related matters

– Isolation from other areas

• No after hour activities - Need for gymnasium and swimming pool facility

• Transport problem – no public transport system

– Housing - Current status of housing not good

– Ongoing structural changes – amalgamation process of previous structures

– Health Status

– Age of soldiers

– Renewal of PSAPS – ageing of current members

· Medical Matters

– Clinic Facility available at Postmasburg is a house (renovated caravan) which is used as sick reporting facility

– No proper waiting area, dressing area and medical examination area

– Members boarding the medical bus to Bloemfontein do not have shelter against the elements

– Absence of a permanent Doctor and Pharmacist

– No accommodation available

– Long distances to Military Hospitals

· Prime Mission Equipment

– No Operational reserve available for A and B and D - vehicles

– Strain on serviceability of the vehicles

– No D-vehicles for VIP transportation

– Time between courses

– All B-Vehicle not on sustainment plan

– Serviceability for Combat Readiness and the execution of our Mandate and Mission

– Presentation of courses is affected

– Course Support is affected

· Facilities

– Status report

– Combined Mess was upgraded

– Hospital was built

– Security System was upgraded (Broek Skeur)

– Other projects in the unit which enhanced the image of the unit such as:

– The renovated main gate

– Rock piling cairn and memorial wall

– The renovated Guest house

– The project at the entrance of Joe Slovo mess

– Building of a new planning facility

– LAN system updated

· Project BULKOP (Planned during 1979 / 80)

– Outstanding matters

– Family Quarters

– Single Quarters

– Accommodation for learners

– Lecture rooms – Too small to accommodate groups of more than 60 learners, current courses need to accommodate 80 students

– HQ buildings (Temporary HQ Facilities - prefab structures)

– Landing Strip / Airfield to suit the needs of the SA Army CTC (Inherent training, Foreign Training, Exercises such as Ex Golfinho)

– Replacement of current old water system – Affect all areas (Courses, Foreign Training, Ex Golfinho)

– Electrical system

The Way Forward

• Aggressive marketing of the SA Army Combat Training Center will lead to:

– Joint Exercises – Force preparation to be executed more regularly

– Utilising of the Training Area to empower leader Group for their operational tasks during Joint training exercises such as EX Golfinho

– Foreign countries utilising the Training Area on a regular basis (British and Singapore Defence Forces)

– Defence industry utilising Lohatlha as a building block in the developing of technology

Engagement with the presentation:

• The matter of the Khosis Community living on the base is a matter of grave concern to the committee. The matter can not be left in the balance any longer. The delegation recommends that the Regional Land Claims Commissioner must apply for the expropriation of land to speed up the process of restitution to the affected communities. The Khosis is a critical issue. We cannot have the community living in the middle of a live fire training facility. We need to move away from the culture of waiting for something to happen before we act. Critical to the issues the Committee needs to raise with the Minister and the department are the issue of resources and the status of the Khosis community.

• The delegation acknowledges that the community’s case has been decided on by the courts. Without being unsympathetic to the community the court decision has to be enforced for the community’s welfare. The Community lives in the middle of the battle school and this poses a significant danger to their health and well being.

• The base is used by foreign countries for training purposes, how does the base benefit from these exercises? Does the base receive an income from foreign armies? Where does the income from that military operation go? What is it used for? Is the foreign income included in the budget shown to the delegation?

• Clarity was sought on the management of transportation and the monitoring of the optimal lifespan of vehicles for operational efficiency.
• The delegation was informed that Project Bulkop was planned for 1979/80. Water and sanitation problems at the base: The Army is the pride of the nation and the Army cannot be begging for services. It is unacceptable to have a demoralised, dejected soldier. The matter must be brought before the Minister for consideration and the base priorities must be placed in the strategic plans of the Department of Defence and Military Veterans.

• It is also unacceptable that the army struggles with ageing equipment and transportation problems. As South Africans we need to be proud that we have an international asset such as this.
• The matters have been raised with the Secretary for Defence in recent years but nothing has been happening. Brigadier General is canvassing the support of members of Parliament because our role is to exercise oversight over the executive. The base has been frustrated for five years and this is where Parliament must step in to rectify the situation.

• When comparing Lohatla to other bases such as ones in Potchefstroom it is clear that there are major resources lacking. Other bases are better equipped and the Department of Defence and Military Veterans has to account for the lack of attention paid to Lohatla.

• It is clear that the base is here to stay for future use and as such the delegation feels that the facility must have some permanency associated with it. The upgrading of facilities and the strengthening of the underlying sanitation services must be a priority to the Department of Defence and Military Veterans.

• The Brigadier General was commended for honest presentation of the problems experienced at the base. It is Parliament’s duty to assist and ensure that services are delivered and the information goes a long way to developing effective oversight of the Department of Defence and Military Veterans.

• The Secretary for Defence must clarify where in the strategic planning of the department the training at the base falls. The organogram will assist the delegation to determine the priorities of the department when reviewing the departments strategic plans. Strategic plans are about prioritisation and this will enable the committee to know what long term needs are taken care of. It will assist to know structurally where the base fits in the overall picture of the department.

Reply to questions:

• The Army Head Quarters was visited by the Minister for Defence and Military Veterans in August 2009. The serviceability and age of the vehicles was raised with the Minister. It is not a case of the unit not maintaining the vehicles. The vehicle fleet is approximately 30 years old and the money required to purchase new vehicles is currently not available within the National Defence Force budget. The matter was presented to the Minister and the need for additional financing tabled in Parliament.

• The matter is not only restricted to the vehicle requirements of the department but also to that of facilities at the base. The budgetary restrictions severely hamper upgrades at present. Priority was given to the Navy and the Air Force to purchase their new hardware.

• The CFO agreed that the budget of R19 000 000 – R21 000 000 for training at the base is very limited. The sustainment budget for the sustainment of the current infrastructure at the base is also not sufficient. The problem is that Brigadier General Mpaxa’s difficulties in the unit are not unique to the National Defence Force. The units in Heidelberg and 3 SAI Battalion are experiencing the same difficulties. However, the problems at the base do have a bigger influence on the base for presenting courses.

• In the previous financial year the base received a replacement of 39 Ratels, a Class A vehicle. Unfortunately, they are not new vehicles but models that have been reworked. The CFO explained that to maintain a Samil 100, which is a 10 ton carriage truck, will cost approximately R189 000.00 a year to maintain. The SA Army are currently facing difficulties with maintaining vehicle maintenance schedules because of the shortage of funds to accomplish the task. The delegation was informed that approximately 40% of the vehicles are maintained regularly due to the budget constraints.

• The Army is trying to sustain the minimum requirements of the bases. It is of concern that there is not a reserve of vehicles available at the base for use when others are undergoing vehicle maintenance schedules or urgent repairs are needed.

• The Brigadier General raised the matter that money budgeted for the base and purchase of vehicles often is taken away before it is utilised for its intended purpose. The Brigadier General expressed the frustration that when it comes to budget cuts, the budget of the SANDF is the first to be cut and it appears that the SANDF is not a priority within the organisation. The Army does not have the luxury of purchasing new vehicles. A vehicles life span may be 200 000km but the vehicles at the base run into the 600 000km mark.

• The Brigadier General appealed to the delegation to prioritise the matter of the Khosis community living in the center of the Combat Training Center. The matter of the budget is of concern to the base but more importantly it is necessary to preserve the life of the individuals in the community. The Brigadier General reported that already two cows have been killed during live fire exercises and, as the delegation already intimated, it would be tragic to have something done after a life has been lost.

• The Land Claims Commissioner agreed with the delegation that it was set up to restore land rights of the people who were dispossessed of those rights. This issue of the Khosis can not belong to the Land claims Commission any longer because if the Land Claims Commission removes the people it will defeat the mandate of the Commission. The land of Lohatla is in the name of the Public Works Department but used by the Department of Defence and Military Veterans. The Land Claims Commissioner advises that these two departments must take up the issue of the removal of the community from Lohatla. However, they do have to take into account the policies of the country and must identify alternative land. The Department of Public Works does own other land in the province and a possible solution is for the Department of Public Works to identify alternative land for the interim use of the community.

• The delegation clarified its position that the Land Claims Commissioner must move with all possible speed to conclude its mandate in relation to the matter of the Khosis community in Lohatla. The matter is a cross cutting issue relating to other departments within government but there is no clear co-ordination between the departments to resolve the matter.

• The delegation pledged itself to putting pressure on the Secretary for Defence to ensure that the monies budgeted for are used for a specific purpose. The delegation was informed that the RAMP budget is managed by the Chief Joint Logistics and it is at this level that budgeted monies for the SA Army CTC are diverted to other areas and away from the needs of the SA Army CTC. The delegation encouraged the SA Army CTC to continue putting pressure on the department to allocate monies for the needs of the facility.

5. Conclusion and Recommendations

The delegation gained much insight into the problems faced by the Departments of Police, Correctional Services, Justice and Constitutional Development and the Department of Defence and Military Veterans in the Northern Cape and recommends the following matters for attention by the National Departments.

5.1 Department of Police:

The lack of visible policing of the department was highlighted within residential areas especially with regard to the increase in burglaries. The department reports that the Province has limited manpower allocated to it. This puts added pressure on commissioners to allocate staff to patrols. In terms of allocations the department informed the committee that it has one of the smallest allocations of personnel but the Northern Cape is one of the biggest areas to patrol. The size of the Northern Cape means that patrolling it has a bearing on the wear and tear of resources. The budget for the Northern Cape does not compensate for this because it is allocated on population densities and does not take the geographical landscape into account.

Recommendation:

• The National Department of Police should review the personnel allocations for the Northern Cape Province and report on the strategic plan priorities to address the situation.
• The National Department of Police should consult with the Northern Cape Provincial Head and advise on a workable solution to address the maintenance budget of the Northern Cape with regard to vehicles and equipment.

• The National Department of Police should table a plan to address the inequalities of women at senior positions.

• Placement of Police members remain a concern when language barriers are not taken into account. Police officers whose native tongue is not Afrikaans are placed in Afrikaans speaking communities and this hinders communication when taking affidavits.

• The delegation highlighted the hours lost on sick leave. The station should tighten up controls with regard to sick leave entitlement.

• The report of the Kimberley Police Station indicates that detectives have 77 dockets each. The Committee considers this to be a high caseload to manage and recommends that the National Department of Police submit plans to manage the case load reported.

5.2 Department of Correctional Services:

The department informed the delegation that staff members were waiting for the payment of the new salaries, stemming from a revision of the 5 day work week to a 7 day work week, on 15 April 2009. This did not happen and as a result officials are disgruntled. The department has undertaken to pay salaries on 15 August 2009. The revision allowed the department to phase out the large amount of overtime that was claimed in previous years.

The department was questioned on its correctional programmes and the delegation found it lacking when applied to children. It is of the opinion that the programmes must be geared to reach young offenders to instruct them on alternative choices to better their lives. The department acknowledged that there was a lack with regard to presenting the counselling as it should be done. The department further acknowledged that it was not achieving the goals that it had set with regard to reaching offenders. The department does struggle to attract social workers and psychologists to regions such as Upington or Colesburg. These professionals prefer deployment to areas such as Bloemfontein or Gauteng. The social workers serving in the Northern Cape region therefore have a high case load and this impacts on the quality of counselling that is offered.

Recommendation:

• The Area Commissioner is required to report whether the delay of payment of new salaries to personnel has been rectified within 30 days of the adoption of this report by the National Council of Provinces.

• The National Department of Correctional Services should consult with the Department of Social Development and jointly table a report to address the shortfall of social workers in the Northern Cape Province.

5.3 The Independent Complaints Directorate (ICD):

The ICD has inadequate personnel and requires 11 additional posts to effectively fulfill its mandate.

The ICD finds staff retention difficult due to the lower remuneration levels offered by the ICD in comparison with other departments that have similar responsibilities. The ICD reported that the Department of Public Service and Administration reevaluated the posts of Directors. As a result all Assistant Directors moved to level 10 and Deputy Directors moved to level 12. The ICD reevaluated its posts but could not effect any changes due to an inadequate budget resulting in the ICD not being able to retain its staff complement.

The ICD reported that due to budget constraints for the Province it has already exhausted its funding for traveling due to training interventions. The ICD is required to train personnel and this money comes from the money budgeted for traveling.

The ICD faces problems going forward. The SAPS is expanding and its complement currently stands at approximately 183 000 officials. The ICD in the Northern Cape has 19 officials that are expected to oversee a SAPS complement of approximately 6000 members in the Northern Cape.

Recommendation:

• The Committee noted the ICD’s commitment to delivering an excellent service. In some cases, it far exceeded expectations and national requirements. However, the Northern Cape ICD needs to reassess the amount of oversight work and find a balance to allow the budget to be utilised more effectively for its core function of investigating cases. This matter is brought to the department’s attention when considering that it exhausted its budget within the first quarter of the new financial year 2009/10.

• The Committee proposes that the ICD investigates the possibility of separating the ICD from the Ministry of Police. The ICD must be seen in a similar vein to the Public Protector and other Chapter 9 institutions. The ICD must consult with the Ministry of Police, investigate the legal ramifications, budgetary implications and the feasibility of realigning the ICD in terms of the Constitution of the Republic of South Africa.

• The staff grading and retention problems faced by the department are becoming a common trend in the public service. The Committee recommends that the ICD table a report on its staff retention plan going forward.

5.4 The Northern Cape Youth Crime Prevention Forum:

Recommendations:

§ The NCYCPF are encouraged to include youth from different cultures in the framework to bring on board a better understanding of the problems faced by the broad spectrum of society in the Northern Cape and to find solutions to prevent youth related crime. The NCYCPF is encouraged to produce the framework in other languages to promote a better understanding of the framework by previously disadvantaged communities. This will go a long way to targeting the relevant communities affected by crime. It is imperative that the NCYCPF does not only focus on Model C schools but must target public schools to draft students into leadership programmes. The real problem lies in disadvantaged communities.

§ It is imperative that the NCYCPF export the framework to other schools as soon as possible. If youth from disadvantaged communities can see the heights the youth representing the NCYCPF are achieving, it will inspire them to succeed. There are young children in prison and this programme is the way forward to change a person at an early age.

§ The delegation suggests that the NCYCPF link up with the junior municipality programmes in the Northern Cape. It is important that the NCYCPF export the framework to all the political components available in the Northern Cape Province. This will allow the political resources available in the Northern Cape to work on every aspect of the framework and allow the framework to grow beyond its current borders. The sharing of ideas can address the problems more effectively and find solutions to the problem of funding the framework. The NCYCPF must quantify the project so that Parliament and business can buy into it.

§ The Junior Commissioner programme should also filter down from commissioner level to include constable level programmes.

5.5 Judiciary, Departments of Police and Correctional Services.

5.5.1 Awaiting Trial Prisoners:

Awaiting trial prisoners are a serious concern that must be dealt with by the relevant role players in the Judiciary and Departments of Police and Correctional Services.

The delegation expressed its dissatisfaction with the co-ordination between departments to resolve this matter. The departments concerned report that the problems they experience are as a result of another department’s lack of performance. The review committee will resolve many of the issues relating to awaiting trial prisoners. This is especially so when regarding the amount of money spent to accommodate an awaiting trial prisoner per day as opposed to the amount of bail set by the courts.

Recommendation:

§ The Regional Head, Mr Isaacs, revive the review committee that dealt with the review of awaiting trial cases. The Committee requires a report on the proceedings of this meeting once concluded.

5.5.2 The successful prosecution of cases in Court:

• Cases that fail in courts are attributed to three factors:
• The SAPS does not investigate as thoroughly as it should and case dockets are missing crucial information.
• The SAPS may have concluded its investigations but the cases are postponed for various reasons for a number of years and witnesses then refuse to come to court and the case is withdrawn.
• The legal aid representatives have a large case load and due to this, cases are postponed many times thus frustrating witnesses who withdraw due to lack of interest.
• The amount of prosecutors assigned to a court and the case load that impacts prosecutors.

Recommendation:

• The National Department of Police and the National Prosecuting Authority achieve a greater degree of cooperation between detectives and prosecutors to assist with the proper planning and investigation of cases.
• The National Prosecuting Authority should report on its strategic plans to address the appointment and training of prosecutors and the inadequate allocation of personnel to a court.

5.6 Land claims by the Gathlose, Maremane and Khosis Communities in respect of the Gatlhose Native Reserve and Maremane Native Reserve, Lohatla

There appears to be no co-ordination between the work of the Land Claims Commission and that of other departments. The Committee is worried that the slow pace to resolve the claim. The Regional Land claims Commission is encouraged to move the matter forward with speed and impress on the relevant authorities the need to conclude this matter. The matter is a cross cutting issue relating to other departments within government but there is no clear co-ordination between the departments to resolve the matter.

The Land Claims Commissioner agreed that it was set up to restore land rights of the people who were dispossessed of those rights. This issue of the Khosis can not belong to the Land claims Commission any longer because if the Land Claims Commission removes the people it will defeat the mandate of the Commission. The land of Lohatla is in the name of the Public Works Department but used by the Department of Defence and Military Veterans. The Land Claims Commissioner advises that these two departments must take up the issue of the removal of the community from Lohatla. However, they do have to take into account the policies of the country and must identify alternative land. The Department of Public Works does own other land in the province and a possible solution is for the Department of Public Works to identify alternative land for the interim use of the community.

The Brigadier General appealed to the delegation to prioritise the matter of the Khosis community living in the centre of the Combat Training Centre. The matter of the budget is of concern to the base but more importantly it is necessary to preserve the life of the individuals in the community. The Brigadier General reported that already two cows have been killed during live fire exercises and it would be tragic to have something done after a life has been lost.

The matter of the Khosis Community living on the base is a matter of grave concern to the Committee and it regards this as a critical issue. The matter can not be left in the balance any longer.

Recommendation:

• The Regional Land Claims Commissioner should follow all legal avenues to speed up the process of restitution of land to the affected communities.
• The Regional Land Claims Commissioner should apply for the expropriation of land.
• The Regional Land Claims Commissioner should co-ordinate meetings with the Departments of Public Works and Department of Defence and Military Veterans to identify alternative land within the Northern Cape region to house the Khosis community.
• The decision by the courts must be enforced and after consultation by the various departments, alternative accommodation should be found. The Community must be removed from the dangerous living conditions at Lohatla.
• The Regional Land Claims Commissioner should submit quarterly reports to the Committee on progress with regard to this matter.

5.7 Department of Defence and Military Veterans:

It is clear that the base is here to stay for future use and as such the delegation feels that the facility must have some permanency associated with it. The upgrading of facilities and the strengthening of the underlying sanitation services must be a priority to the Department of Defence and Military Veterans.

The CFO agreed that the budget of R19 000 000 – R21 000 000 for training at the base is very limited. The sustainment budget for the sustainment of the current infrastructure at the base is also not sufficient. The problem is that Brigadier General Mpaxa’s difficulties in the unit are not unique to the National Defence Force. The units in Heidelberg and 3 SAI Battalion are experiencing the same difficulties. However, the problems at the base do have a bigger influence on the base for presenting courses.

Recommendation:

• The Department of Defence and Military Veterans should prioritise the needs of the base and at a minimum increase the reserve of vehicles available at the base for use when others are undergoing vehicle maintenance schedules or urgent repairs.

• The Repair and Maintenance Programme (RAMP) budget, as managed by the Chief Joint Logistics, should be utilised for its intended purpose for the SA Army CTC as presented in the department’s strategic plans presented to Parliament.

6. Appreciation

The Committee expressed their thanks to the Department of Police, the Department of Correctional Services, the Independent Complaints Directorate, the Department of Justice and Constitutional Development, the Department of Defence and Military Veterans and all other invited guests and presenters for the presentations and facilitation of the Committee’s oversight programme.

Report to be considered.