REPORT OF THE PORTFOLIO COMMITTEE ON
POLICE ON BUDGET VOTE 24 OF THE DEPARTMENT OF POLICE FOR 2010/11, DATED 4 MAY
2010
The Committee examined the Budget Vote of the Police (Vote 24)
for the 2010/11 financial year as well as the projection of the Medium Term
Expenditure Framework (MTEF) for 2011/12 and 2012/13 which are included in the
Estimates of National Expenditure (ENE) 2010. The budget was examined in
conjunction with the Department’s Strategic Plan 2010 – 2014 and the Annual
Performance Plan for 2010/11. The Committee reports as follows:
1. INTRODUCTION
The Portfolio Committee on Police
received the following briefings on the budget of the Department of Police for
2010/11:
·
The
Department of Police: Its Annual Performance Plan and 2010/11 Budget (Vote 24),
·
The
Civilian Secretariat of Police, which receives a proportion of the budget of
the Department of Police: Outline of its budget allocation for 2010/11 in terms
of its strategic priorities,
·
The
National Treasury, Chief Directorate: Justice and Protection Services’s account
on the SAPS budget,
·
The
South African Police Unions (SAPU) and (POPCRU), and
·
An
overview by the Research Unit of the Parliament of South Africa
2. STRATEGIC PRIORITIES FOR 2010/11
The current financial year (2010/011) marks the
end of the Department’s long-term Strategic Plan that covered the period
between 2005 and 2010. However, most of these same priorities are still
captured in the Department’s latest long-term Strategic Plan covering the
period between 2010 and 2014. These are expressed as follows:
·
Reduction of
contact crime levels including the “trio-crimes” (house robbery,
business robbery, and car-jacking) and crimes
against women and children
·
Improve effectiveness
and integration of the criminal justice system
·
Combating corruption
·
Crime perception
management
·
Improve the effectiveness
and integration of border management
·
Integration of
Information Communication Technology systems and
the development of an integrated cyber crime
approach
·
Securing the
identity and status of citizens; and
·
Improving basic
service delivery by the SAPS
Strategies
to be adopted will aim at:
·
Investigating
crime, and improve the detection rate
·
Countering the
proliferation of firearms,
·
Improving safety
and security in high-crime areas,
·
Mobilising the
population in the fight against crime; and
·
Maintaining
security at major public events.
The challenge that has been laid by Government for all
Departments in the Justice, Crime Prevention and Security (JCPS) Cluster is that
they must work towards achieving one outcome – ‘to ensure that people are safe
and feel safe.” The Department of Police takes the lead in this regard. This
outcome can be achieved once crime levels go down significantly to a point
where citizens would no longer fear for their lives and/or property. It is an
outcome which is directly in line with one of the top five priorities for
Government, which is to fight crime and corruption in the next five years and
make everyone feel safe. In order to achieve this outcome, the Department has
placed emphasis on the following priorities:
·
Reducing
“trio-crimes”.
·
Increasing
the detection rate of these crimes from 13.8 per cent to 34 per cent.
·
Reducing all serious crimes categories
(including high-contact crimes and “trio-crimes”) by 4 -7 per cent.
·
Increasing the contact crime detection rate
from 52.5 per cent to 57.5 per cent.
The Department’s activities towards
achieving these priorities will include:
·
Developing specialised units to fight “trio-crimes”
·
Apprehending known perpetrators
·
Removing easy access to guns
·
Adding financial
forensic capacity to the Directorate for Priority Crime
Investigations (DPCI)
Although the Department still focuses its attention on
crime prevention and visible crime deterrence, more emphasis for 2010/11 (and
going forward) has been placed on increasing the capacity of the detectives in
order to complement and supplement crime prevention efforts. The focus on crime
prevention for the past ten years has seen the Department increasing in size
and strength, as the number of police officials began to grow from 119 000 in
the late 1990s to 185 275 by November 2009. The increase has particularly been
in Programme: Visible Policing, which hosts police stations and most crime prevention
activities such as patrols, beats, and stop-and-searches.
Generally, police work needs investment in human
resources. Plans to ensure a constant provision of human resources to improve
investigation capacity and other support services are in place. The President
indicated during the 2010 State of the Nation Address that, over the next three
financial years, the number of police will increase by 10 per cent. All these
plans are meant to stabilise the crime situation and progress will be evaluated
in 2014.
However, for 2010/11, the fight against crime is set
to take a specific and narrowly defined approach that seeks to direct attention
to particular offences, mainly the “trio-crimes” as well as contact crimes. These
types of crimes are primarily responsible for the decrease in safety levels
throughout the country and, thus, addressing them swiftly may go a long way in
changing people’s perceptions about safety and security in the country. This
particular approach places more weight on increasing, among other things, the
crime intelligence services as well as the investigation capacity within the
detective services. Accordingly, the Police budget for 2010/11 has responded
positively to this approach, as the allocation for Programme: Detective
Services showed an increase of 8.53 per cent in real terms, while Programme:
Visible Policing showed a decrease of -1.77 per cent in real terms.
The capacitation of the Detective Services will not
only rely on increasing the number of investigators, but will be accompanied by
technological advancement that will facilitate and enhance the Department’s
investigation capabilities so that crimes can be solved promptly and be brought
to court for prosecution with sound evidence. Thus, the allocation for Sub-programmes: Criminal Record
Centre and Forensic Science Laboratory increased in real terms by 49.85 per
cent and 33.60 per cent respectively. In line with plans for technological
advancement, the allocation for computer services increased from R1.7 billion
to R2.9 billion, which, in nominal terms is a 64.7 per cent increase.
Evidently, the budget allocation in this regard seems to complement the
Department’s objective of enhancing the hi-tech approach to investigations.
3. SAPS BUDGET
3.1
Overall Analysis
The Department
of Police has five Programmes namely Administration, Visible Policing,
Detective Services, Crime Intelligence, and Protection and Security Services.
The overall budget increase for 2010/11 is 3.43 per cent in real terms compared
to the previous financial year’s increase of 6.12 per cent. This rather modest
increase could be explained by the recent world economic downturn that affected
most economies.
Despite
that challenge, Programme: Administration increased by 7.05 per cent compared
to the previous increase of 5.90 per cent in real terms and takes up 35 per
cent of the total allocation for 2010/11. Programme: Visible Policing, which
receives the largest allocation due to its size in personnel numbers makes up
38 per cent of the total allocation and received, in real terms, a decrease of
-1.77 per cent (compared to the previous year’s increase of 4.92 per cent,
which was, however, the smallest increase when compared to other Programmes).
During
the previous financial year (2009/10), Programme: Crime Intelligence received
the biggest real percentage increase of 12.5 per cent despite being the
smallest Programme in the Vote. However, in 2010/11, it received a 3.17 real
per cent increase, while Programme: Detective Services received the biggest
percentage increase of 8.53 per cent and makes up 17 per cent of the total
budget. Thus, in summary and as reflected in the Table 1 below, all Programmes
receive a real increase during the 2010/11 financial year, with the exception
of Visible Policing.
Table 1: Vote 24
A large
proportion of the SAPS budget goes to compensation of employees which includes inter-alia, salary costs and social
contributions such as allowances (scarce skills and promotions), incentives,
overtime, Government contributions to pension fund and medical aid. The
allocation for compensation of employees is around R37 billion (70 per cent of
the total budget) while R12 billion is allocated for goods and services.
Programme: Administration
The
purpose of Programme: Administration is to develop policy and manage the
Department. It also provides administrative support.
Table 2: Budget Allocation for Programme: Administration
The allocation for Programme: Administration increased
by 7.05 per cent in real terms compared to the previous increase of 5.89 per
cent. In the previous financial year, the allocation to the Minister had a real
increase of 0.81 per cent. However, in the current financial year, this
allocation decreased by -0.77 per cent in real terms. On the other hand,
however, the allocation to the Deputy Minister had an increase of 0.42 per
cent. Sub-programme: Management, whose allocation also includes a portion that
constitutes a budget for the Secretariat of Police, increased by 6.47 per cent.
Sub-programme: Corporate Services receives the biggest
allocation within Programme: Administration. It was allocated R16 billion for
the current financial year compared to the previous allocation of R14 billion.
This year’s allocation showed a 7.24 per cent real increase compared to the
previous year’s 5.66 per cent. A huge amount of this allocation goes toward
contributions for medical aid. This sub-programme also consists of the Training
Division which has been allocated R1.3 billion compared to R1.1 billion that was
allocated for the previous financial year.
Programme: Visible Policing
The purpose of Programme: Visible Policing is to
enable police stations to institute and preserve safety and security, and
provide for specialised interventions and the policing of
Table 3: Budget Allocation for Programme:
Visible Policing
Programme: Visible Policing is one of the priority
programmes of the Department. It has three sub-programmes, namely Crime
Prevention, Borderline Security and Specialised Interventions. The Programme
takes the biggest chunk of the total budget allocation due to its size in
personnel numbers. In the current financial year, it received 38 per cent of
the total allocation (R20.7 billion), while during the previous year it
received 41 per cent (R19.7 billion). In total, it received -1.77 per cent real
decrease compared to the previous year’s real increase of 4.92 per cent.
With regard to the FIFA 2010 Soccer World Cup, a total
amount of R1.3 billion was allocated over the Medium Term Expenditure Framework
(MTEF) period. The final allocation of that amount is R640 million to be
utilised in the current financial year largely on personnel-related matters,
including payments for overtime, subsistence and transport. Other equipment
acquired at the initial stages of this expenditure will be utilised for crime
prevention purposes during and after the tournament.
Sub-programme: Crime Prevention is the face of the
Department since it constitutes most core policing activities that translate
into actual service delivery at ground level, as police stations fall within
it. It also entails community and/or sector policing as well as other crime
fighting initiatives such as patrols, beats, roadblocks and
stop-n-searches. The category of ‘crimes
dependent on police action for detection’ arises from this sub-programme.
Basically, most initiatives that employ proactive policing measures aimed at
achieving Government’s objective of reducing violent/contact crimes, including
trio-crimes (robbery, business robbery, and car-jacking), reside within this sub-programme.
It should be noted, however, that the decrease in real
terms received by Programme: Visible Policing also affected its sub-programmes,
which was an inevitable consequence. Thus, sub-programme: Crime Prevention
received -1.05 per cent decrease placing its allocation at R19 billion.
Sub-programme: Borderline Security received -4.40 per cent decrease placing its
allocation at R229 million, whilst the allocation for sub-programme:
Specialised Interventions plummeted by -9.96 per cent placing its allocation at
R1.4 billion. The Programme is still one of the Department’s priorities.
However, the level of emphasis given to it, as expressed in the budget
allocation, has somewhat shifted towards Programme: Detective Services.
Therefore, the 2010/11 allocation for this Programme will merely serve to
ensure that the baseline is maintained.
Programme: Detective Services
The purpose of the Programme is to enable the
investigative work of the SAPS, including providing support to investigators in
terms of forensic evidence and the Criminal Record Centre. The Programme has
the following four sub-programmes:
·
Crime Investigations: accommodates detectives at police stations, who investigate general
crimes as well as serious and violent crime.
·
Criminal Record Centre: funds criminal record centres, which manage criminal records.
·
Forensic Science Laboratory: funds forensic science laboratories, which provide
specialised and technical analysis and support to investigators in relation to
evidence.
·
Specialised Investigations: hosts the DPCI (Directorate for Priority Crime Investigations) which
specialises in combatting organised crime.
Table 4: Budget Allocation for Programme:
Detective Services
Programme: Detective Services received a total
allocation of R8.7 billion with a real increase of 8.5 per cent. This Programme
received significant increases which reflect Government’s emphasis on it as one
of many priorities.
Accordingly, sub-programme: Crime Investigations
received R6.1 billion which was 2.3 per cent increase in real terms.
Sub-programme: Criminal Record Centre received the biggest real increase of
49.8 per cent from R696 million to R1.1 billion. This allocation is in line
with Government’s objective of capacitating forensic investigations as a vital
aspect of crime detection, and it is also in preparation for the implementation
of the first phase of the Forensics Bill that deals with fingerprinting – a
function that resides within this sub-programme.
Likewise, sub-programme: Forensic Science Laboratory
had 33.6 per cent real increase, which saw its allocation rising from R404
million to R576 million. These notable increases are a fulfilment of Treasury’s
commitment that was made during the 2009 Budget Speech where it was stated that
R5.4 billion had been set aside for overhauling the forensics environment over
the MTEF period. The fulfilment of this commitment is working toward the
realisation of a revamped criminal justice system which has a separate
inter-sectoral budget of R900 million compared to the previous year’s
allocation of R200 million. Lastly, a new sub-programme hosting the DPCI is
called Specialised Investigations. It
received R909 million which was 3.76 per cent real increase from R821 million
that was allocated to it in the previous financial year.
Programme: Crime Intelligence
The purpose of Programme: Crime Intelligence is to
manage crime intelligence and analyse crime information, and provide technical
support for investigations and crime prevention operations. The programme has
the following two sub-programmes:
·
Crime intelligence Operations: provides for intelligence based crime investigations.
·
Intelligence and Information Management: provides for the analysis of crime intelligence
patterns to facilitate crime detection, in support of crime prevention and
crime investigation.
Table 5: Budget Allocation for Programme: Crime
Intelligence
Programme: Crime Intelligence receives 4 per cent of
the total allocation hence it is the smallest Programme in the Vote, with only
two sub-programmes, namely Crime Intelligence Operations as well as
Intelligence and Information Management. The Programme was allocated R1.8
billion compared to the previous year’s allocation of R1.7 billion, which
reflected 3.17 per cent real increase. During the previous year’s allocation,
the Programme received 12.25 per cent real increase which translated into
significant increases for both sub-programmes. However, in the current
financial year, sub-programme: Crime Intelligence operations had a decrease of
-4.84 per cent, while sub-programme: Intelligence and Information Management
had an increase of 10.50 per cent.
Programme: Protection and Security Services
The purpose of programme is to provide Protection and Security
Services to all identified dignitaries and Government interests. The programme
has the following six sub-programmes:
·
VIP Protection services: provides for the protection in transit of the president, the deputy
president, former presidents and their spouses, and other identified
dignitaries.
·
Static and Mobile Security: provides for the protection of: other local and foreign dignitaries;
the places in which all dignitaries, including those related to the president
and deputy president, are present; and valuable Government cargo.
·
·
Rail Police: provides for security in the railway environment.
·
Government Security Regulator: provides for security regulation, evaluations, and
the administration of national key points and strategic installations.
·
Operational Support: provides for administrative support for the programme, including
personnel development.
Table 5: Budget Allocation for Programme:
Protection and Security Services
Programme: Protection and Security Services has six
sub-programmes, and has been growing rapidly in size since its inception in
2004. For the 2010/11 financial year, it received R3 billion compared to R2.6
billion given to it during the previous financial year. Overall, the total
allocation for the Programme was slightly lower in real terms as it was 6.14
per cent compared to 7.89 per cent reflected in the previous year’s allocation.
Sub-programme: VIP Protection Services received R400
million, which showed a 3.74 per cent real increase compared to the previous
real increase of 0.57 per cent. Sub-programme: Operational Support received a
real increase of 3.65 per cent whereas, in the previous financial year, its
allocation had decreased by -1.78 per cent. This year, a decreased allocation
of -2.71 per cent went to sub-programme: Government Security Regulator which,
previously, had received a real increase of 15.66 per cent. Although the
biggest allocation within the Programme goes to sub-programme: Ports of Entry,
it received a lower increase of 8.60 per cent in real terms compared to last
year’s increase of 14.18 per cent.
3.2
Committee Observations
The Committee made the following
observations and raised questions as follows:
·
Capital infrastructure
Members noted that R1, 118 billion was
budgeted for capital works and
questioned what this allocation includes. Further questions were raised
regarding the number of police stations built annually, compared to the amount
budgeted for and the long term capital infrastructure plans.
According
to the SAPS the capital works programme makes provision for services to be
executed by the Department of Public Works on behalf of client departments to
construct policing infrastructure. The capital works programme, inter alia,
consists of the construction of new police stations, accommodation and other
facilities such as training facilities, garages, shooting ranges and
mobilization units. Furthermore, major maintenance and repairs including
rehabilitation, renovation, sewerage, water systems, major electrical and
upgrading, are also provided for. However, the primary focus for the
utilization of the amount allocated for capital works is the establishment or
re-establishment of police stations and related accommodation. Apart from the
Department of Public Works being responsible for the execution of the Works Programmes,
the Department has its own human resource capacity responsible for executing
maintenance projects.
The construction of new policing infrastructure allows for low
cash flow estimates during the first year. Subsequently expenditure trends peak during the second year and only retention
funds are payable during the final phase of the project. Therefore, cash flow
requirements are dependent on the phase of construction of various building
projects, over a multi-year period.
The SAPS has developed a long term capital infrastructure plan
that is currently being processed for approval by the National Commissioner. It
is estimated that an amount of R1,118 billion (2010/2011), R1,235 billion
(2011/2012) and R1,544 billion (2012/2013), will be spent on new capital works
annually during the period 2010 to 2013. The plan includes prioritising
infrastructure pojects that focuses on the establishment of new police stations
and related accommodation.
The Committee expressed concern about delays with the
building of new police stations and stated that it remains the responsibility
of the SAPS national management to avoid these delays. Further concern was
noted regarding relations between the SAPS and the Department of Public Works
that seem to be stained causing ongoing delays with the role out of new infrastructure.
·
Illegal firearms
Provincial
Commissioners reported that they have excess firearms. Members questioned
whether this is contributing to the number of illegal firearms in circulation.
The SAPS stated that it is
required that a five percent safety stock level, for emergencies, be maintained
at all operational stations, which will assist in providing extra resources
when needed. The management and redistribution of resources within the province
is the responsibility of the Provincial Commissioner. The Department further
stated that no correlation exists between the number of safety stock firearms
within the provinces and the number of illegal firearms. The following should
be noted relevant to the measures implemented within the Department to prevent
the loss of official firearms:
·
Departmental policies (Standing Orders 21,
48, 51 and 52) have been developed, circulated and implemented.
·
Safes were bought and issued to members.
·
Certification functionality for firearm
verification was developed on the Provisioning Administration System (PAS).
·
The marking of all firearms with the SAPS
emblem, serial number and bar code, for better identification, was initiated.
·
Parade inspections are conducted by provincial
offices at stations, units and section levels.
· A National Cross Functional Team conducts
regular visits within the provinces to detect deficiencies.
· A
training curriculum was developed to ensure compliance with the Firearms Control
Act.
·
The Firearm Permit system was developed and is
being implemented.
·
The Divisions: Forensic Science Laboratory and
Supply Chain Management are currently testing all police weapons, in order to
record specimens from these weapons on the Integrated Ballistic Information
System (IBIS), prior to issuing these weapons to SAPS members. The recording of
official weapons on the IBIS system will ensure the linkage thereof to crimes
committed with official firearms.
·
Management reports are presented to Provincial
Commissioners on a quarterly basis as to address discrepancies in the
accounting of firearms.
· A Prevention of Firearm Losses Committee
Task Team was established within the Department. The Task Team conducts regular
inspections in provinces.
·
National and Provincial Inspectorate components
perform announced and unannounced inspections at stations, units, provincial
and national level, on a continuous basis.
·
Ratio of personnel
to vehicles
Members questioned how the ratio of
personnel to vehicles is determined and whether circumstances and terrain at each
police station are taken into consideration.
The SAPS stated that the Resource Allocation Guide (RAG) is a
basis to determine the number of posts required to perform policing activities
at local level (police station), as well as the allocation of key physical
resources like vehicles, IT equipment, etc. The programme consists of ratio
analyses, standard times, time percentages, and time estimates (required) of
specific elements of tasks or activities performed at the Crime Prevention
Unit, Community Service Centre, Detective Service, Crime Information Analysis
Centre and Support Services (e.g., Human Resource Management) at police
stations of the SAPS. The nature of the terrain (tarred roads - flat or
mountainous / dirt road -flat, mountainous and sandy / distances that need to
be travelled) and type of duty to be performed (administrative or operational),
are some factors that are considered when purchasing vehicles.
In terms of an Instruction issued to all Divisional and
Provincial Commissioners (National Circular Q22/7/8, dated 29 March 2007) the
criteria is defined for the allocation of vehicles within the Department. Apart
from promoting the effective and efficient distribution of vehicles, the
circular enforces adherence to, amongst others, the following:
·
The type and configuration of a vehicle must be
considered when vehicles are allocated. For example, 4x4 vehicles are
not to be allocated for city driving and sedans are not to be allocated for use
in mountainous terrain.
·
The purpose for which vehicles will be used must
also be considered when they are allocated. For example, for the
transportation of prisoners, a patrol van or riot truck must be acquired for
this purpose
·
Detection Rate
Members enquired about the low detection target rates and whether these rates are acceptable,
taking into account the increase in personnel, resources and training for this
programme. The reason for consulting the National Prosecuting Authority to
determine a baseline and target for court-ready cases was further questioned.
The SAPS indicated that the detection rate refers to cases
finalized by the detectives for prosecution, cases resolved through
investigation without prosecution (e.g. recovery of wondering stock which is
often reported stolen) and cases withdrawn by complainants during investigation
and in courts.
The Department’s priorities, strategies and funding
projections respond directly to the issues relevant to the Department that were
raised in the State of the Nation Address, the Government Programme of Action
and the Medium Term Strategic Framework. One of these priorities is to enhance
the capacity of detectives, forensic and intelligence services. More members
are recruited and enlisted on an annual basis towards these services as to
ensure adequate policing capacity for service delivery improvement.
With regards to the Detective Service an implementation plan
to increase the number of detectives was set. During the reporting period from
31 May 2009 to 28 February 2010, the human resource capacity of the detectives
increased by 2 102 reflecting a total of 23 419 detectives, which indicates a
growth of 9.8%. In respect of the training provisioning plan for the 2009/2010
financial year, the detectives targeted to be trained was 12 928. The total number
of members trained by 31 January 2010 was 10 636.
The increases affected in the 2009/2010 financial year, in
terms of the number of detectives trained and capacity expansion will not
translate to immediate radical improvement in performance over the short term,
but will impact on future outcomes as these members gain experience. The target
range as defined in the Department’s Annual Performance Plan for 2010/2011,
towards detection rate, provide for this aspect as well as the intention to
increase the outcomes in terms of the baseline defined.
With reference to court ready case dockets, there is an
imbalance in the nodes of delivery between the police services and the justice
system that have a direct bearing on detection rates. For example, in
In order to overcome the problem of determining baseline
cases ready for court a common approach between the SAPS and the NPA at
provincial level is required. This will reduce inefficiencies, prevent the
loss, misplacement or duplication of dockets and allow for more realistic
target setting based on actual conditions.
As indicated previously, the detection rate is determined by
cases that have been investigated and finalized by detectives and are ready to
go to court. These cases are handed over to the NPA who then determine whether
to prosecute the alleged offenders or not. It must be noted that the detection
rate also includes cases which were finalized by detectives without the need to
follow the prosecution route as well as cases which were withdrawn by
complainants.
The JCPS cluster monitors these cases on a continuous basis
and coordinates interdepartmental crime prevention and security initiatives
across the integrated justice system up until conviction by the courts.
However, it was noted by the Department of Justice that the SAPS does not have
a final decision over conviction rates. The purpose of discussions with the NPA
and the courts is to create a continuum in terms of the flow of work. The JCPS
cluster will also continue to define mechanisms in order to ensure that the
detection rate of high priority crime will increase in the nearby future.
The Committee again stated that the SAPS and the Department
of Justice have to align their statistics capturing measures.
·
Family Violence, Child
Protection and Sexual Offences (FCS) Units
Members questioned
when the FCS units will be established and operational.
Consultation with the nine Provincial Commissioners has been
concluded. The structural proposal design is being finalized. All funded posts
in terms of the Resource Allocation Guide (RAG) will be filled during the
2010/2011 financial year. The FCS units will be fully operational by 31 March
2011. Currently all FCS related cases are being investigated by detectives at
station level.
The Minister confirmed that these units will be constituted by
the end of June 2010 and fully operational by the end of March 2011.
·
Feedback to complainants on cases registered.
Members noted
that complainants say that SAPS never provide feedback on registered cases. Members
questioned what process SAPS utilise to ensure that complainants are provided
with feedback on registered cases.
Specific enhancements of the Case Administration System
(CAS) were effected during 2009. As soon
as a case is registered, the complainant receives an SMS via his/her cell phone
(if a cell phone number is provided).
This SMS contains the case number, the investigating officer’s name and
contact number.
The above was implemented on 2 March 2009. Since the implementation date, a total of 1
747 836 SMS’s were forwarded to complainants. This information is obtained
monthly from SITA via Information and Systems Management.
If no cell phone number is provided, the complainant
receives a document (SAPS 429) with the case number and contact details of the
Unit that will be investigating the case in order to make any enquiries about
progress on the case. In rural areas the SAPS 429's are mostly utilized due to
lack of proper infrastructure.
The Department concedes that there are shortcomings when it
comes to feedback to complainants with regards to court dates and the
finalization of their cases. The Department is, however, in a process of improving
the complainants’ feedback system until their cases are finalized. Further
measures are taken by General Investigations: Head Office to monitor the SMS
system both electronically and manually on a monthly basis.
Greater focus will be placed during inspections by Head
Office to ensure that the detectives give monthly feedback to complainants
until their case dockets are finalized.
If it is found that feedback is not given to complainants as instructed,
disciplinary actions will be instituted.
·
SAPS Informers
Members enquired how SAPS utilise informers and how their claims
are dealt with.
SAPS stated that information supplied by SAPS informers accounts
for many successes achieved by the Department. They are remunerated for the
information supplied to both intelligence and detective services. All aspects
regarding informers and claims for informers are regulated by National
Instruction 2/2001. The National instruction is very explicit in detailing the
control measures to be followed, both on the financial aspects as well as the
operational aspects.
·
Job descriptions and Job titles
Members
questioned when last the National Commissioner adhered to the SAPS Regulation
26, that outlines the establishment of Job Descriptions and Post Titles.
Section 26 of the South African Police Service Employment
Regulations, 2008, requires that job descriptions and titles must be reviewed
at least once every five years and, where necessary, be redefined to ensure
that they remain appropriate and accurate. The Department complies with the
provisions as defined in terms of the prescriptive framework highlighted above.
·
Overtime payments
Members noted
that they were informed that SAPS members who worked overtime during the 2009
Soccer Confederations Cup were only paid half of the money due to them. Members
questioned whether there was any truth to this allegation and enquired what
measures will be taken to prevent a reoccurrence of this during the 2010 Soccer
World Cup.
The SAPS stated that an agreement at the Safety and Security
Sectoral Bargaining Council (SSSBC), Agreement 4/2009, regulates the payment of
overtime to all employees who render policing duties at major sporting events.
The Department did comply with the criteria defined within the agreement and
honoured all payments of overtime during the Confederation Cup.
The agreement highlighted, is currently being reviewed by
the Department. The review process will however be finalised and implemented by
the Department before the commencement of the Soccer World Cup.
Members express concern that the SAPS have not set a
deadline for finalizing negotiations.
·
Salary increases
Members noted
that its alleged that the higher ranks within the SAPS tend to benefit the most
from annual salary increases and further enquired what percentage members at lower
ranks get compared to those in higher ranks.
The determination of any conditions of service of employees
in the Public Service, including the SAPS, is made at the committee of
Ministers. The committee consists of, amongst others, the Minister for Public
Service and Administration, the Minister of Finance and other Ministers as the
Cabinet may designate.
The Senior Managers in the Public Service received an annual
cost of living adjustment of six per cent for the 2009/2010 financial year with
effect from 1 January 2010.
A staggered approach was followed for members on salary
level 1-12 (Public Service Act Employees) and salary bands A to MMS (SAPS Act
Employees). These employees received an
annual cost of living adjustment of 13 per cent at the lower levels to a
maximum of 10 per cent at the higher levels, with effect from 1 July 2009.
·
Establishment of the Border
Management Agency
Members
questioned the need to establish a Border Management Agency while the Border Control Coordinating Committee (BCOCC) already exists and
how this new agency will enhance border policing.
The SAPS stated that there is a need to establish a Border
Management Agency to deal with border issues in line with international best
practice. The Border Control Coordinating Committee (BCOCC) is more of a
committee coordinating activities from different departments involved in border
control.
·
Escapes from custody
Members
questioned the average figure of 50 per cent decrease in the number of escapes
from police custody, noting that in reality the incidence of escapes from
police custody is increasing.
According to the SAPS the number of escape incidents
reflected is 905 incidents for 2006/07, 664 incidents for 2007/08 and 719
incidents for 2008/09. The average number of escapes during these three years
is 762.
In addition the Department has set a target to decrease the
number of incidents with 50 per cent, during the 2010/2011 financial year. The
following measures are being implemented to achieve this goal:
·
Guidelines are being developed
for police stations to ensure effective and efficient detention management. These
guidelines focus on the relevant organizational instructions that are already
incorporated in the Department’s Standing Orders.
·
Specific trends and tendencies
of escapes will be identified and mechanisms developed and introduced to
prevent further escapes.
·
Furthermore, once an escape
occurs, the Department registers a criminal case for investigation and
institutes immediate disciplinary proceedings, against the member(s) involved.
·
Policing during the FIFA 2010
Soccer World Cup
Members questioned the impact of policing in communities when SAPS members are taken from police
stations to police this event.
According to the SAPS there will be no negative impact on
policing in the communities during the FIFA World Cup. Policing of this event
is part of local policing activities. Officers from local police stations,
including reservists, are not going to be deployed outside their policing
precinct. They will carry on with their normal service delivery, at community
service centres and crime prevention duties, within their precinct, including
event venues. Police officers are not going to be deployed inside the stadiums/venues,
but at strategic points like routes, hotels, tourist attraction areas, shopping
malls and/or any other concentrated area, including identified crime hot spots in
the station area.
SAPS members that will be deployed, specifically for the FIFA
World Cup, are from National and Provincial specialized units, like the Special
Task Force, National Intervention Units and VIP units (for Teams and VIP
protection), and Public Order Units (for crowd management at stadiums and
venues).
Therefore, policing in the communities will, instead,
benefit from the policing of this event, as there will be more resources that
will enhance police visibility within police precincts, where FIFA World Cup
activities will be taking place.
The Committee expressed concern that the
Department’s plan to combat Human Trafficking during the FIFA
2010 World Cup does not
include women.
·
Human trafficking during the 2010 FIFA Soccer
World Cup
Members
questioned what plans are in place to prevent Human Trafficking during the 2010
FIFA Soccer World Cup.
The Department is part of interdepartmental processes aimed
at the prevention of human trafficking. In this regard, the Department is a
member of the Priority Committee on Child Protection during the FIFA World Cup
period led by the Department of Social Development and the Human
Trafficking Steering Committee led by the National Prosecuting Authority.
The SAPS will provide child protection services to children
during the 2010 FIFA World Cup who are vulnerable or have become victims of
crime by:
·
identifying
children in need of care and protection, which will include children living in
the streets, children at risk of being used by an adult to commit crimes and
those at risk of being trafficked.
·
equipping SAPS members to identify and
address children living and working on the streets.
·
creating and implementing awareness programmes
at the national, provincial and local levels regarding abuse, exploitation and
trafficking of children.
·
providing services to unaccompanied
children and refugee children.
The Department further participates in the development of a
campaign aimed at raising awareness of issues that make people vulnerable to
trafficking, targeting the FIFA World Cup period. The campaign is led by the
National Prosecuting Authority and also includes the Departments of Social
Development and Education. This campaign will also provide information on steps
that can be taken for assistance should one be in danger of being trafficked. Referral
networks will be set up in order to access probation services and secure care
facilities where needed.
·
Poor performing police stations
Members questioned how the 2010/11 budget allocation will assist
poor performing police stations.
This budget will assist the poor performing police stations
by ensuring that additional crime prevention actions are performed at police
stations, that more borderline policing actions are undertaken, that the
detection rate for contact crimes and crimes dependant on police action for
detection are improved from 42,86% to between 43%-60% and that increased
cluster and ad hoc actionable intelligence operations on contact crimes are
performed.
4. POLICE CIVILIAN SECRETARIAT
The Constitution and the South African Police Service Act,
1995 (Act No. 68 of 1995), section 2(1) (a) provides for the establishment of
the National Police Civilian Secretariat by the Minister of Police. The mandate
of the Secretariat is to:
·
Advise the Minister in the exercise of his or her powers and the
performance of his or her duties and functions;
·
Perform such functions as the Minister may consider necessary or
expedient to ensure civilian oversight of the Service;
·
Promote democratic accountability and transparency in the Service;
·
Promote and facilitate participation by the Service in the
Reconstruction and Development Programme;
·
Provide the Minister with legal services and advice on constitutional
matters;
·
Provide the Minister with communication, support and administrative
services;
·
Monitor the implementation of policy and directions issued by the Minister and report to the Minister thereon;
·
Conduct research into any policing matter in accordance with the
instructions of the Minister and report to the Minister thereon;
·
Perform such functions as may from time to time be assigned to the
Secretariat by the Minister; and
·
Evaluate the functioning of the Service and report to the Minister
thereon.
The Police Civilian Secretariat’s budget is incorporated into Programme:
Administration of Vote 24 of the Department of Police. Sub-programme: Management, whose allocation also includes a portion that
constitutes a budget for the Secretariat of Police, increased by 6.47 per cent
in real terms compared to 8.76 per cent of the previous year. This year’s
allocation to the Secretariat is estimated to be around R21 million – an amount
that is expected to assist in the re-organisation of this structure.
4.1 Secretariat’s
restructuring process
The Secretariat is currently undergoing
institutional reform in order for the Minister to fulfil his constitutional and
legislative obligations. To this end a new legislative
framework for the Secretariat is being finalised. Furthermore, the Secretariat
has developed five key components that will engage in the process of policy
development and research; monitoring and evaluation; partnership management;
support services, and the Office of the Secretary.
A new management team led by the new Secretary
of Police has been appointed by the Minister together with three new Chief Directors
in the Policy and Research, Monitoring and Evaluation and the Partnership
Units.
The primary focus and
priority for the coming year is the development of a five-year Strategic Plan the Secretariat identified the following key
functional areas with respect to civilian oversight and policy advice to the
Minister, which are provided through its components in the following manner:
·
Policy and Strategy: Strategic and indicative planning, research and the
formulation of departmental policy proposals, which when approved by the
Minister, would guide the activities of SAPS.
·
Audit and
Monitoring: The monitoring of the Department’s
budget to ensure alignment with the policies approved by the Minister.
Monitoring the effectiveness and efficiency of the implementation of these
policies.
·
Providing
Ministerial support services: Including the
management of international and stakeholder liaison as well as provide legal
services.
·
Communication: The implementation of a communication strategy aimed
at informing and mobilising role players, stakeholders and partners outside the
Department regarding the delivery of safety and security.
·
Accountability: To account to the Minister and to Parliament on
issues and activities from time to time or as requested.
4.2 Committee Observations
The
Committee made the following observations and raised questions as follows:
·
Budget
allocation for Communication
The Committee noted that communication is
listed as one of the key functions of the Secretariat
and yet the budget reflects only a small amount allocated to this function.
The Secretariat stated that the
majority of their communication will occur through the Partnership Unit of the
Secretariat and has been included in the planning and budgeting of this Unit.
In addition, each of the other two units have incorporated communication as
part of their general plans and budgeting. The communication budget listed
under the Secretary of Police’s office refers to website upgrade and specific
communication projects that will be directed from the Secretary’s Office such
as the release of the crime statistics and the Annual Report of the Secretariat.
·
Strategic developments
The Committee enquired if the
Secretariat is involved in policy and strategic developments occurring in the
department and whether the Committee in future will be briefed on these issues.
The Secretariat is increasingly
addressing policy and strategic issues in consultation with the Minister of
Police. There are a number of areas, such as Police Reservists, where it would
be important that the Portfolio Committee is briefed. Based on this, there is a
need for more regular and structured briefings to the Portfolio Committee. The
Secretariat would like to engage the Portfolio Committee through such briefing
notes or formal presentations. In addition, the Committee Chairperson is
welcome to request the Secretariat to brief the Committee on issues and
approaches as the need arises.
·
The Secretariat’s monitoring of security plans for 2010 FIFA World Cup
The Committee questioned
whether the Secretariat will be involved in the monitoring of the security
arrangements and implementation of security plans around the FIFA World Cup.
The Secretary stated that there
are already complex processes in place from the public, media, portfolio
committees, government and the FIFA organizing committee. Given the significant
public participation in the FIFA World Cup the Secretariat has decided to focus
on improved and sustained service delivery issues. Based on its current
capacity the Secretariat will evaluate generally how the World Cup security
plan were implemented but will not be engaged in the day to day monitoring of
the plan.
·
Difference between the Inspectorate, ICD and the Secretariat
Members questioned the
different roles of the ICD, Inspectorate and the Secretariat.
The Inspectorate of SAPS is an
internal unit that focuses on quality control over national instructions,
internal audits and compliance. The ICD largely focuses on deaths as a result
of police action and other complaints related to abuse of police powers. The
Secretariat focuses less on individual complaints, but rather on the broader
policy and monitoring issues with the view to impacting on the broader
transformation of the service. The Secretariat is independent from SAPS and
advises and reports to the Minister of Police on these matters.
·
Secretariat’s ability to meet targets
Members questioned whether the
Secretariat has the staffing capacity to meet set targets.
The targets set between April
and June were the building blocks for the role the Secretariat needs to play
going forward. While acknowledging that the Secretariat does not have the
capacity to do everything it will use its relationships and partnerships with
civil society and provinces to assist in reaching such targets.
With regard to the staff complement,
this is a matter that is currently being discussed with the DPSA and the
Minister. This is being done in order to ensure that the Secretariat is able to
implement the new legislation and have the capacity to implement the Strategic Plan
presented. A lot of work has been done on the new staff establishment and the
Secretariat is confident that by the end of May 2010 it will be in a position
to implement all aspects of the Strategic Plan.
·
Relationship between the National Secretariat and Provincial
Secretariats
Members questioned the
relationship between the National Secretariat and the nine Provincial
Secretariat and whether the National Secretariat plays a role in mobilizing the
role players in the provincial departments for the community safety forums.
When the legislation is
presented it will become clear that the National Secretariat has opted for a
collaborative approach to engage with the Provincial departments. Part of this
approach will involve the establishment of a provincial forum comprising of all
Provincial Secretariats. This forum will be guided and assist the Police
Civilian Secretariat with regard to strategic priorities and implementation of
such priorities. The National Secretariat will work with the Provinces towards
the implementation of the 10 pilot Community Safety Forums.
·
Monitoring the output of the ICD recommendations to the SAPS
Members questioned the
monitoring role of the Secretariat regarding the outputs of the ICD
recommendations to the SAPS.
A key area of work of the
Secretariat is to monitor the implementation by SAPS regarding the ICD’s
recommendations. Regular feedback will be provided to the Minister on any
problems that may arise regarding the implementation of recommendations.
·
Vehicle distribution in the SAPS
Members enquired whether the
Secretariat will be conducting research into the distribution of SAPS vehicles.
There is currently an initiative being developed by the National
Commissioner to address fleet management within SAPS. The Secretariat will be
monitoring the impact, gaps and weaknesses in the Department’s approach and
will report to the Minister.
5. STAKEHOLDER CONCERNS
5.1
National Treasury: Chief Directorate – Justice and
Protection Services
The Chief Directorate: Justice and Protection Services Safety of the
Public Finance Division within National Treasury briefed the Committee on the
SAPS Budget for 2010/11. The National Treasury provided an analysis of some of
the key components of the budget including:
broad expenditure trends over time, a breakdown of the 2010/11 economic
classification items in the budget and a breakdown of the budget into
programmes.
The National Treasury noted that the highest budget growth per economic
classifications was salaries, capital expenditure for buildings, maintenance
and equipment.
The Committee expressed concern about the maximum virament (funds
transferred between programmes) of 8 per cent and that the SAPS always use the
Visible Policing Programme’s budget for this purpose.
5.2 SAPS
Unions
The SAPS unions, POPCRU and SAPU raised the following
concerns:
Restructuring in
the SAPS
SAPU raised concerns regarding the new rank system that will result in
anxiety and fear. Further concern was expressed about the continuous
reshuffling of members that result in lost promotional opportunities.
POPCRU stated that a flatter organisational structure is required and
that restructuring should be focused at reducing the provincial and national
structures in order to improve co-ordination. The redeployment to station level
of certain specialized operational functions will ensure that crimes are
investigated where they occur.
Promotions
The lack of promotions in the SAPS is of great concern to POPCRU who
stated that at the rank of inspector, SAPS members are often frustrated due to
a lack of upward mobility. Further concern was raised regarding the filling of
vacant posts by external candidates while capable members are not considered
for promotions.
2010 FIFA World Cup
SAPU and POPCRU assured members of the Committee that their members are
committed to ensure that a quality police service is rendered during the event.
They expressed unhappiness
in the manner the SAPS management has been handling the payment
of overtime issue but remain hopeful that the current policy will be reviewed.
6.
RECOMMENDATIONS
The Committee recommendations as follows:
·
The Committee encourage the SAPS to
continue in its quest to reduce serious crime by 7-10 per cent and not 4-7 per
cent as indicated in the SAPS strategic plan and further urge the department to
reconsider this position. Further interaction on this matter may be required.
· The
Portfolio Committee on Police supports the allocations to the following
programmes: Administration, Visible Policing, Detective Services, Crime
Intelligence; Protection and Security Services and recommends that Budget Vote
24 be passed. The Democratic Alliance (DA) abstained.
7. CONCLUSION
The Portfolio Committee on Police will continue to
fulfil its Constitutional obligation, guided by the rules of Parliament in
providing oversight over the functioning of the Department of Police to ensure
that the SAPS and the Secretariat function effectively in line with their
legislative and policy requirements. The Committee will further engage with the
Department on some of the matters that emanated during the hearings
Report to be considered.