REPORT OF
THE PORTFOLIO COMMITTEE ON POLICE ON BUDGET VOTE 25 OF THE DEPARTMENT OF POLICE
FOR 2011/12, dated 12 April 2011
The Committee examined the Budget Vote
of the Police (Vote 25) for the 2011/12 financial year, as well as the
projections of the Medium-Term Expenditure Framework (MTEF) for 2012/13 and
2013/14, which are included in the Estimates of National Expenditure (ENE) 2011.
The budget was examined in conjunction with the Department’s Strategic Plan 2010
– 2014 and the Annual Performance Plan for 2011/12. The Committee reports as
follows:
1. INTRODUCTION
1.1. Structure
of the Report
The Report is divided into eight
sections. Section 1 provides an overview of the meetings held during the budget
process and outlines the structure of the Report. Section 2 provides a summary
of stakeholder concerns raised in the preparatory meetings on the budget of the
Department of Police. Section 3 and 4 provide a summary of the key strategic
focus areas of the Department of Police for 2011/12 and the budget of the
Department of Police for 2011/12 respectively. Section 5 provides a summary of
the key strategic focus areas of the Civilian Secretariat for Police and the
budget of the Civilian Secretariat for 2011/12. Section 6 identifies key
observations and concerns of the Portfolio Committee on Police arising from
these hearings. Sections 7 and 8 summarise recommendations for both the
Department of Police and the Civilian Secretariat and the conclusion of the
Portfolio Committee on Police with respect to the budget process.
1.2.
Meetings
held
In preparation for the meetings with
the Department of Police, the Portfolio Committee on Police held preparatory
hearings on 01 and 02 March 2011 and the following submissions were received:
·
The Police and
Prison Civil Rights
·
The South African
Police Unions (SAPU)
·
The Financial
Fiscal Commission (FFC)
·
The Office of the
Auditor General
In addition, an overview was provided
by the Research Unit of the Parliament of South Africa on 24 March 2011
The Committee received the following
briefings from the Department of Police and the Civilian Secretariat of Police
and a total of five meetings were held in which the budgets and annual plans
were discussed:
·
The Department of
Police: Briefing on the Annual Performance Plan 2011/12 and
Budget (Vote 25) 2011/12 (29, 30
and 31 March 2011).
·
The Civilian
Secretariat of Police, which receives a proportion of the budget of the
Department of Police: Outline of
its budget allocation for 2011/12 in terms of its
strategic priorities (30 March
2011).
1.3. Late tabling of 2011/12 Annual Performance
Plan of the Department of
Police
The Department of Police requested
permission from the Speaker of the Parliament of South Africa to table their 2011/12
Annual Performance Plan on 22 March 2011, rather than on the stipulated date of
9 March 2011. This delay in tabling of
the 2011/12 Annual Performance Plan of the Department of Police impacted on the
schedule of the Portfolio Committee on Police.
2. SUMMARY OF STAKEHOLDER CONCERNS
The following section provides a
short summary of key concerns raised by the stakeholders in the preparatory
meetings:
2.1. The Police
and Prison Civil Rights
POPCRU raised the following issues:
·
The SAPS organisational structure is top-heavy. A flatter
structure is required for
improved service delivery. The
top-heavy structure consumes the bulk of the
budget and causes delays in
decision making, and there are too many Deputy
Director- Generals and super-Deputy
Director-Generals in the Department.
·
Funds should be invested in training and development at all
levels.
·
The use of private security companies for guarding purposes
by the SAPS is not
cost effective.
·
There are inequitable services delivered particularly in
rural areas.
·
While merit is important, there should be support given to
previously disadvantaged
groups in terms of promotions.
·
Community Safety Fora (CSFs). The management and funding
of
Community Safety Fora and Community
Police Fora (CPFs) should be
strengthened.
·
Sector policing is important and experienced senior
officials are required at station
level.
·
Traffic police should be incorporated into the SAPS.
2.2. The South African Police Unions (SAPU)
SAPU raised the following issues:
·
Police should be fully trained and equipped to deal
adequately with violent crime
and sophisticated criminals.
·
SAPS needs to do away with the culture of patronage and lateral
entry
appointments, which seems to be an
unwritten policy for a few elite.
·
There is a growing perception that SAPS once again are
unnecessarily becoming
violent and that corruption is on
the increase.
·
There is no meaningful infrastructure that has been developed
to support the work
of the Community Police Fora (CPFs).
·
Detectives are overloaded with dockets. Detectives are
forced to pay attention to
serious crimes thereby neglecting
the less serious crimes.
·
Crime intelligence is under-resourced and poorly equipped,
particularly at
station level, where most resources
are required.
·
The state of many barracks is appalling.
·
POLMED enjoys an unfair monopoly, and its premiums are high.
Police
members should be free to join any
medical aid of their choice.
2.3. Financial and Fiscal
Commission (FFC)
The Financial and Fiscal
Commission (FFC) raised the following issues:
·
The SAPS spends more on Administration than it should.
Service delivery activities
need to consume the bulk of the
budget.
·
It is important to ensure that performance indicators are
aligned with the spending
priorities of the Department.
·
It is aware that there are problems in building projects and
is worried that the
budget is being allocated and yet
the Department is not delivering in this area.
·
In response to concerns around virement, the FFC stated that
Parliament has a
responsibility to ensure that even
though virement might be approved by National
Treasury, Parliament also scrutinises these virement
before approval of the
Adjusted Estimates. National Treasury
approves pending approval from Parliament.
The key issue is the degree of flexibility
that Parliament wants to give to National
Treasury.
2.4. Office of the
Auditor-General
Key areas of focus for the Office of
the Auditor-General in terms of its audit of the SAPS for 2010/11 included:
·
Supply chain management: including the management of
contracts and project
management, identification of fraud
indicators, and all irregularities identified and
disclosed.
·
Predetermined objectives: Although the AG will not give an
‘opinion’ on
predetermined objectives it identified
risks including the quality of
reports and whether these are in line
with National Treasury prescripts. Risks
identified for the SAPS are that there
is a lack of monitoring and review at station
level and that there is sometimes an
absence of supporting documents.
·
All indicators for Programmes 2, 3, 4 and 5 will be audited.
·
The Office will also visit a number of units, including
National Intervention Unit,
Public Order Police unit, Forensic
Science Laboratories (FSL), the Criminal Record
Centres (CRC), Crime Intelligence, a
number of Ports of Entry and 24 police
stations.
A list of these stations will be provided to the Committee.
· Information Technology: with a focus on
controls for the various systems, including
the Crime Administration System (CAS).
3. STRATEGIC PRIORITIES OF THE SAPS FOR 2011/12
The Department of Police is mandated
to prevent, combat and investigate crime, maintain public order, protect and
secure the inhabitants of
3.1. Focus areas for 2011/12
The Department will focus on the
following areas in 2011/12:
·
Crime Prevention
o
Reduction of crime levels, in
particular trio crimes and crimes against women
and children;
o
Improving police response and the
policing of incidents of public disorder;
o
Substance abuse as a contributing
factor to the violent nature of crime;
o
Measurable increase in visibility
through police stations;
o
Implementation of an
intelligence-driven, integrated, crime prevention
strategy; and
o
Reduction of illegal firearms.
·
Crime perception management
oMobilization
of the community in the fight against crime;
oBuilding
a positive image of the SAPS; and
oImplementation
of the Victim Empowerment Programme.
·
Effectiveness and integration of
border management
o
Contribute to effective border
management and the establishment of a Border
Management Agency.
·
Combating corruption
o
The prevention, detection and
investigation of corruption in the SAPS;
o
Managing perceived and actual levels
of corruption; and
o
Co-ordinated anti-corruption
operations across the Criminal Justice System
(CJS).
·
Investigation of crime
oEffective
investigation of reported crime, with the focus on the detection and
court- ready dockets rates;
oCo-ordinated
focus on apprehending and charging known criminals;
oFurther
capacitating of the Detectives and Directorate for Priority Crime
Investigation (DPCI);
oFocus
on national priority crimes, including serious economic crime, with the key
consideration being the
combating of cyber-crime and identity theft, corruption
and organised crime;
oImproving
of the Criminal Justice System (CJS);
oEstablishment
of specialised units to deal with priority crimes, particularly crimes
against
women and children, and stock theft;
oIntelligence
utilization; and
oCo-ordination
of delivery of quality and professional services.
·
Support to the investigation of
crime
o
Improving forensic services and
fingerprints;
o
Improving the collection of evidence;
o
Improving procedures for the
updating of records of offenders; and
o
Enhanced processing of forensic and
fingerprint evidence.
·
Crime
Intelligence
o
Provide actionable intelligence on
crime priorities to enable prosecutions;
o
Emphasise intelligence operations
pertaining to serious crime, including
contact
and trio crimes, syndicates involved in drug- and people smuggling and
human
trafficking;
o
Capacitate crime intelligence;
o
Enhance the quality of threat
assessments;
o
Improving targeted undercover
operations through advanced covert
methodology;
and
o
Improve co-ordination between crime
intelligence and operational divisions.
·
Human Capital Development
o
Skills development through Training
Provision Plan and retention of skills;
oFocused
recruitment of personnel through Human Resource Management
Plan;
o
Health and wellness of employees;
and
o
Transformation
·
Budget and resource management
oImproving
infrastructure;
o
Building of new police
stations/offices and the refurbishment of existing
stations/offices;
oVictim-friendly
facilities;
oEnhancing
asset management; and
oCritical
items, including vehicles and bullet-resistant vests
·
Enhanced
Information Systems and Information Communication Technology
(IS/ICT)
o
Development of IS/ICT, including
integration of systems across the Cluster;
o
Coordinated management of continuum
of criminal justice and performance
across the CJS; and
o
Implement Information and
Communication Technology Plan.
4. SAPS BUDGET FOR 2011/12
4.1. Overall
Analysis
The
Department of Police has five Programmes namely Administration, Visible
Policing, Detective Services, Crime Intelligence, and Protection and Security
Services. The Department’s allocation for 2011/12 is R58 billion which, in real
terms, is a 3.5 per cent increase compared to the previous year’s increase of 3%.
Programmes Administration and Visible Policing continue to receive the largest
allocations, as each programme received R20 billion and R24 billion
respectively.
Vote
25
4.1.1. Current expenditure and capital
expenditure:
The following table
highlights a comparison of increases to the selective aspects of the
capital and current allocations for
2011/12 in comparison to the previous year.
|
Economic Classification |
2010/11 Allocation |
2011/12 Allocation |
% change |
|
Current Payments
(R50 329,6 billion in 2010/11
rising to R54 596,4 billion in
2011/12) |
|||
|
Compensation
of employees (personnel expenditure) |
R38 416.1 |
R41 070.3 |
26% |
|
Goods and
services which includes: |
R11 913
.5 billion |
R13 526.1
billion |
14% |
|
Computer
services |
R2 690.8
billion |
R3 363.9
billion |
25% |
|
Lease
payments |
R1 780.8
billion |
R1 996.2
billion |
12% |
|
Property
payments |
R752.9
million |
R1 011.1
billion |
36% |
|
Payment for Capital assets (R2
761,8 billion in 2010/11 rising to R3 000,5 billion in 2011/12) |
|||
|
Building
and fixed structure |
R1 118.2
billion |
R1 235.3
billion |
10% |
|
Machinery
and equipment |
R1 642. 4
billion |
R1 765.0
billion |
7% |
Current
expenditure: In terms of Goods and Services, which fall under Current expenditure,
substantial increases are noted in Computer services and Property payments. The
increase in allocation for Leases is also noted.
Capital
expenditure: The allocation for Building and fixed structures increases by 10% to
R1.235 billion (from R1.118 billion in 2010/11). It is from this line item that
all construction and maintenance projects for police stations and other
facilities are allocated.
In terms of Machinery and equipment,
the following assets will be bought in 2011/12:
·
9 628 bullet proof vests (R43.55 million)
·
6 600 firearms (R35.9 million)
·
Renewal of vehicle fleet (R1.1 billion)
4.1.2. Additional allocations for 2011/12:
Additional allocations for 2011/12
and the MTEF total R1.495 billion (2011/12), R2.052 billion (2012/13) and
R3.365 billion (2013/14). These include:
·
Improved Conditions of Service: R1 225 billion (2011/12); R1
374 billion (2012/13);
R1 423 billion (2013/14)
·
Municipal Charges: R170 million (2011/12); R218 million
(2012/13); R262 million
(2013/14)
·
Additional Personnel – visible policing; detective services;
crime intelligence: R100
million (2011/12); R400 million
(2012/13); R1.6 billion (2013/14)
·
Tactical Response Teams: R30 million (2012/13); R40 million
(2013/14)
·
Crime Intelligence Capacity: R30 million for operational
centres (2012/13); R40
million for vetting of personnel
(2013/14)
4.1.3. Ring-fenced funds for 2011/12:
For the 2011/12 financial year, the
Appropriation Bill [3 – 2011] reflects the amounts that have been specifically
and exclusively appropriated for certain functions within the Police budget:
·
Integrated Justice System programme: total R2.131 606
billion for 2011/12 (R2.23
billion
for 2012/13 and R2.36 billion for 2013/14)
-
Within Programme: Administration, an amount of R1.3 billion has been
ring-fenced for Goods and Services related to the modernisation of the
Integrated Justice System (IJS) Programme, with R14 million ring-fenced for
payments for capital assets related to the IJS Programme.
- There were additional allocations
ring-fenced for the modernisation of the IJS Programme within Programme:
Detective Services, where R200 million is set aside for the compensation of
employees, R455 million for Goods and Services and R84 million for payments for
capital assets.
·
Construction and upgrading of police stations: total R936
472 million for 2011/12
(R983 million for 2012/13 and R1.04
billion in 2013/14).
-
Within Programme: Administration, an amount of R936 million is
ring-fenced for
facilities
planning, which includes the construction and upgrading of police stations.
·
Devolution of funds from Public Works: R2.202 295 billion
for 2011/12 of which
R918 million is for accommodation
charges, R677 million is for leases and R606
million is for Municipal charges.
4.2 Programme Analysis
4.2.1 Programme 1: Administration
Administration is responsible for the development of
operational policy, provision of administrative support, as well as the
management of the Department.
The Administration programme of the Department comprises the
following sub- programmes which are Ministry, Management, Corporate Services
and Property Management
Budget Allocation for Programme 1: Administration
There are few changes in Programme:
Administration. As from 2011/12, sub-programmes: Minister and Deputy Minister
would be combined into one sub-programme: Ministry, and what used to be
referred to as Property Management is henceforth called Office Accommodation.
The total allocation for the
Programme increased from R18 billion in 2010/11 to R20 billion in 2011/12, thus
reflecting a 7 % real increase. Due to medical aid payments, Sub-programme:
Corporate Services receives the biggest allocation.
Total expenditure for the medial aid – POLMED - for 2009/10
was R3.489 billion increasing to R4 billion in 2010/11.
4.2.2.
Programme
2: Visible Policing
The purpose of Programme 2: Visible
Policing is to enable police stations to institute and preserve safety and
security and provide for specialised interventions and the policing of
Budget
Allocation for Programme 2: Visible Policing
Visible Policing is one of the
Department’s priority programmes, and it is directly responsible for service
delivery, as it hosts police stations and crime prevention activities.
Some of the changes that were
introduced for 2011/12 in this Programme relate to the relocation of two
Sub-programmes from Programme 5: Protection and Security Services, namely Rail
Police and Port of Entry Security to Programme 2: Visible Policing. Rail Police
has since formed part of Sub-programme: Crime Prevention, while Port of Entry
Security has been incorporated under Sub-programme: Borderline Security, thus
resulting in the renaming of that Sub-programme as Border Security.
The allocation for Programme:
Protection and Security Services decreased from R3 billion to R1.5 billion due
to the relocation of its two sub-programmes.
Under the sub-programme: Crime
Prevention, the Department has indicated that it will:
·
Reduce the number of reported
serious crimes by 2 %
·
Reduce the number of contact crimes
by 4 - 7 %
·
Reduce the number of trio crimes by
4-7%
The Department will increase the
number of recoveries as a result of policing focusing on stolen and lost
firearms by 3% and liquor by 10%.
The number of staff employed in each
sub programme is as follows:
·
Crime Prevention: 85 893 staff
·
Border Security 7 114 staff
·
Specialised interventions: 5515
staff
4.2.3. Programme 3: Detective Services
The purpose of the Programme is to
enable the investigative work of the South African Police Services, 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.
·
Specialised
Investigations: hosts the DPCI (Directorate for Priority Crime
Investigations) which specialises
in combating organised crime.
·
Criminal
Record Centre (CSC): funds criminal record centres,
which manage
criminal records.
·
Forensic
Science Laboratory (FSL): funds forensic science
laboratories, which
provide specialised and technical
analysis and support to investigators in relation to
evidence.
Budget
Allocation for Programme 3: Detective Services
The overall increase of the
Programme’s allocation was 6 per cent in real terms compared to 9 % increase
that was attained in the previous financial year. Sub-programme: Forensic
Science Laboratory continued to receive a larger percentage increase in real
terms, as was the case in the previous financial year(s). The 34.8% increase is
notable in the light of much necessary improvements required in this regard.
In terms of Criminal Justice funds
for the Criminal Records Centre (CRC) and the Forensic Science Laboratory (FSL)
the following is noted:
·
Criminal Justice System funds for CRC were R220 million for
2010/11 and R208.5
million for 2011/12 (allocations for
2012/13 of R317 million and for 2013/14 of
R320.6 million for 2013/14.
·
Criminal Justice System funds for FSL were R120 million for
2010/11 and R331.5
million for 2011/12 (allocations
for 2012/13 of R225 million and for 2013/14 of
R251.2 million for 2013/14.
The number of staff employed in each
sub programme is as follows:
·
Crime Investigations: 25 605 staff complement, which
includes detectives. It was
stated that the SAPS appointed 2 396
general detectives in 2010, bringing the total
detective establishment to 22 687.
·
Criminal Record Centre: 3 967 (374 additional functional
members appointed in
2010 and 348 additional functional members
will be appointed in 2011/12)
·
Forensic Science Laboratory:
1 462 (100 additional functional members appointed
in 2010 and 150 additional
functional members will be appointed in 2011/12)
·
Specialised investigations (organised crime, serious and
violent crime, commercial
crime and corruption): 2 617
4.2.4. Programme 4: Crime Intelligence
The purpose of 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.
Budget
Allocation for Programme 4: Crime Intelligence
The objective of Crime Intelligence
is to contribute to the neutralisation of crime through crime intelligence
projects, operations and investigation by:
·
Gathering, collating and analysing intelligence that leads
to an actionable policing
activity;
·
Compiling crime intelligence products and reports to
identity crime prone areas and
suspects;
·
Conducting operations focusing on serious and violent
organised crime, security
intelligence, property-related
crimes and crimes dependent on police actions;
·
Providing actionable intelligence on crime priorities to
enable prosecutions;
·
Focusing intelligence operations on recovery of illegal
firearms;
·
Enhancing analysis capacity to improve the quality of crime
threats assessments;
·
Enhancing capacity to improve the Security Standards through
vetting; and
·
Strengthening the management of Minimum Information Security
Standards
(MISS).
The Programme’s allocation has
increased from R1.9 billion in 2010/11 to R2.1 billion in 2011/12, which was 4
per cent real increase.
The number of staff employed in each
sub programme is as follows:
·
Crime Intelligence Operations: 2 844
·
Intelligence and Information Management: 4 698
It was reported that 783 entry level
appointments will be made in 2011/12.
4.2.5. Programme 5: Protection and Security
Services
The purpose of
this programme is to provide protection and security services to all identified
dignitaries and Government interests. The relative growth in this programme is
essentially due to the carry-through effect of the compensation element (cost
of living). Prior
to 2011/12, Programme: Protection and Security Services had six sub-programmes.
In 2011/12 Sub-programme: Rail Police as well as Port of Entry Security were
incorporated under Programme 2: Visible Policing. This resulted in the
reduction of the budget allocation for Programme 5: Protection and Security
Services. The allocation decreased from R3 billion to R1.5 billion, and it is
distributed among the sub-programmes as shown in the following table:
Budget
Allocation for Programme 5: Protection and Security Services
5. CIVILIAN
SECRETARIAT FOR POLICE
The Secretariat derives its mandate from section 208 of the
Constitution, which states that a civilian secretariat for the police must be
established by national legislation to function under the direction of the
Cabinet Member responsible for policing. Currently, national legislation in the
form of section 2(1)(a) of the South African Police Service Act No. 68 of 1995
provides for the establishment and location of the Secretariat under the SAPS. The Civilian Secretariat for Police
Service Bill [B16-2010] has been passed by Parliament:
The Strategic Plan 2011-2014 and the Annual Performance Plan
2011/12 of the Civilian Secretariat were approved by the Minister, but, as the
Civilian Secretariat is still a cost centre of the SAPS, these reports do not
have to be tabled in Parliament.
The Secretariat’s strategic objectives are as follows:
·
Monitor and
evaluate the implementation of the policing by SAPS
·
Encourage and
enhance responsible community participation in crime prevention
·
Provide
strategic and operational research support to the Minister
·
Provide
policing policy advice to the Minister
·
Provide legal
advice and support to the Minister on legislation, civil litigation,
constitutional and other legal
matters
·
Provide the
Minister with communication services.
The Secretariat is being re-organised as its new legislation
is being finalised. The enactment of that legislation will ensure the
following:
·
Financing of the
Secretariat with funds appropriated from Parliament
·
Establishment of
provincial secretariats, which should be functional a year after the
enactment of the Bill
·
Provincial
secretariats to have separate budgets given to them by their respective
provinces, with the Secretary being
accounting officer.
·
The Secretariat to
fully assume the responsibility of monitoring the implementation
of the Domestic Violence Act (DVA).
5.1. Strategic Focus
Areas for 2011/12
The Civilian Secretariat for Police will focus on some of the
following policy areas during the 2011/12 financial year:
·
Review of the White
Paper for Safety and Security as a guiding document
for future policy development and
legislation
·
Review of the SAPS
Act and regulations
·
Review of policy
linked to the regulation of the Private Security Industry
·
Finalisation of the
Firearms Control Act amendment and regulations
·
Any other policy
areas as may be determined by the Minister.
5.2. Budget estimates for the Civilian
Secretariat for Police 2011/2012
The move to a designated department will require significant
increase in the budget of the re-organised Secretariat. The personnel budget
will increase from approximately R14 million in 2010/11 to R27 million in the
2011/12 and R37 million in 2012/13 financial years. The total budget of the Civilian
Secretariat for Police will increase from R25 281 000 in 2010/11 to R41 558 854
in 2011/12.
The Secretariat is still operating
as a cost centre under the SAPS budget and is divided into the following
Programmes:
·
Programme
1: Administration
·
Programme
2: Partnerships
·
Programme
3: Policy and Legislation
·
Programme
4: Monitoring and Evaluation
5.2.1. Programme 1: Administration
The purpose of this programme is to ensure that staff of the
Civilian Secretariat for Police are supported to operate in a conducive work
environment and ensure improved service delivery. The following table indicates
the amount allocated per subprogramme:
|
Programme 1: Administration |
|
|
Sub programme : Office of
the Secretary |
R2 063 902 |
|
Sub programme : Human
Resource Development |
R28 912 437 |
|
Sub programme: Supply Chain Management |
R2 022 400 |
|
Sub programme :Auxiliary
Services |
R300 920 |
|
Total
|
R33 299 659 |
5.2.2. Programme 2: Partnerships
The purpose of this programme is to mobilize Role-Players,
Stakeholders and other partners in the fight against crime. The following table
indicates the estimated budget for 2011/12.
|
Programme 2: Partnerships |
|
|
Sub programme:
Establish stakeholder programmes |
R324 000 |
|
Sub programme: Inter-governmental
co-operation |
R233 650 |
|
Sub programme:
Stakeholder consultation & Civil Society Partnerships |
R1 050 000 |
|
Sub programme:
Establishment of CSF's |
R365 225 |
|
Sub programme :Public
Private Partnerships |
R229 800 |
|
Total |
R2 202 675 |
5.2.3. Programme 3: Policy and Legislation
The purpose of this programme is to provide quality
research, policy and legislative advice to the Secretary and the Minister. The
table below shows the estimated budget for this Programme.
|
Program 3: Policy, Research,
Resource Centre and Legislation |
|
|
Sub programme: Policy
and Research |
R1 273 130 |
|
Sub programme
:Resource Centre |
R320 000 |
|
Sub programme
:Legislation |
R1 251 190 |
|
Total |
R2 844 320 |
5.2.4. Programme 4: Monitoring and Evaluation
The purpose of this programme is to
ensure efficient and effective oversight over the SAPS through monitoring and
evaluation. The table below shows the estimated budget for this Programme.
|
Program 4: Monitoring &
Evaluation |
|
|
Sub programme:
Service Delivery & Performance Audit |
R591 000 |
|
Sub programme
:Transformation & Compliance |
R325 800 |
|
Sub programme :
Provincial Co-ordination |
R2 293 400 |
|
Total |
R3 210 200 |
6. COMMITTEE OBSERVATIONS
The Committee made the following observations and identified
the following questions and issues of concern:
6.1. Department of Police
6.1.1. 2011/12 Annual Performance Plan
The Committee raised a number of serious concerns with
regard to the 2011/12 Annual Performance Plan. These included:
·
The 2011 Annual Performance Plan was tabled late, which
negatively impacted on the programme of the Committee.
- The 2011/12 Annual Performance
Plan was not in line with National Treasury guidelines. Lack of compliance
with these instructions included:
o
The formatting of reporting programme performance indicators
was not adhered
to, including that there were no
medium-term target headings.
o
No quarterly targets for performance indicators were
provided.
o
The Plan did not provide information on entities such as the
Private Security
Industry Regulatory Authority
(PSIRA).
o
No information was provided on material changes in policy
and programmes
effected since the previous year,
such as the shift of Railway Police and Ports of
Entry from Programme 5 to Programme
2.
o
In many cases no targets were provided for the 2012/13 and
2013/14 years.
- In many cases the targets for
certain performance indicators in the Plan differ from those provided in
the 2011 Estimates of National Expenditure.
- The formatting of figures is
inconsistent and, in some cases, inaccurate. For example, it is stated
that R1.1 million is allocated for vehicles when the figure should be R1.1
billion.
- Changes in targets are not
clearly identified; for example, when targets have been decreased (rather
than increased), such as in the case of detection rate for crimes against
children and the completion rate for police station projects.
- The 2011/12 Annual Performance
Plan does not include a detailed Infrastructure and Capital Asset Plan.
- The target for 2011/12 is
confusing when read in conjunction with the Long Term Infrastructure and
Capital Asset Plan included in the 2010-2014 Strategic Plan. This is not
conductive to effective monitoring of construction and maintenance
projects around police facilities.
- The 2011/12 Annual Performance
Plan does not include a detailed IS/ICT Plan. Neither is this contained in
the 2010-2014 Strategic Plan. This is not conducive to effective
monitoring in the area of IS/ICT.
·
Some sections of the 2011/12 Annual Performance Plan have
clearly been copied
out of the 2010/11 Annual Performance
Plan.
·
In the presentation made to the Committee, it was apparent
that there are
numerous measures that will be taken
during 2011/12 and the MTEF to improve the
functioning of the SAPS. The fact that
none of these are included in the Plan is
problematic. While it is understood that
the Annual Performance Plan cannot and
should not contain all projects and
initiatives that will be taken by the Department, it
is clear that, in comparison to many
other departments, the Annual Performance
Plan of the Department of Police has
always been too concise. The lack of
information in the Plan reduces its
effectiveness as a management tool and as a
tool by which the Department can be held
accountable by Parliament.
·
Members raised
serious concerns around the use of the 2009/10 performance
figures as a baseline for targets for
2011/12. This means, for example, in practice, that the percentage increase
which are defined as targets for 2011/12 can actually be achieved over a two-year
period rather than a one-year period. While understanding the problem with
using 2010/11 projected figures which are not yet audited, it is clear that
there is no alternative but to do just this. Members felt that the Department
cannot be given a two-year period to achieve their annual performance targets.
Response by the Department: In response to the issue of the use
of the 2009/10 baseline for targets for 2011/12, the Department stated that it
uses those figures as these are audited figures. If they used the 2010/11 figures,
these would be estimations based on performance for the first 9 months of the
year, and they stated that, in some cases, the last 3 months can change the trends
quite drastically. The Committee was not satisfied with this response.
6.1.2.
Programme 1:
Administration
Key
issues of concern to the Committee with regard to the budget and planning for
the Administration Programme included:
·
Training
Members raised concerns regarding the processes to ensure that
the courses are being offered effectively and that the integrity of training is
maintained at all times. Problems were identified in some of the basic training
colleges (
Members raised concerns around the nature of the inspections
and highlighted the point that it was only after the visit by the Portfolio Committee
to the Philippi Basic Training College that a decision was made to remove the principal
of the College. It had also come to the attention of the Committee that it is
alleged, at some courses, trainers were actually providing the answers to the trainees
in their assessments.
Response of the Department: The Department stated that 152 000 members will receive
training in 2011/12, in comparison with a baseline of 231 205 in 2010/11. The
duration of courses varies from a few days to a year. Monitoring and Evaluation
teams inspect the Academies and capacity building is provided for trainers.
In response to concerns of the Members regarding inspections,
the Department will try to improve on their inspection processes to ensure that
problems of this nature do not occur. The Department will look at the reports
of the Portfolio Committee and put in place measures to ensure better control
and co-ordination.
·
Recruitment
Members asked questions around the recruitment strategy
(particularly the approach of getting input from CPFs, schools, etc) as well as
on the use of lateral entry appointments.
Response of the Department: The Department stated that there is a Recruitment Policy in
place to ensure that the right people are appointed for the job. Recruitment Committees
have been established to serve at police station level. This Committee will
rotate between police stations. The process of selection by the Committee will
include considering qualifying criteria as well as references by community
institutions.
In
a written response by SAPS on the lateral entry appointments, the following
explanation was provided: ‘The South African Police Service Employment
Regulations, 2008, provides in Regulation 45(8), (9) and (10) as follows:
“(8) The National
Commissioner may promote an employee
to a vacant post in the
fixed
establishment of the Service if -
(a) such a vacancy is sufficiently funded; and
(b) the vacancy has been
advertised and the candidate selected in accordance
with regulations 43, 44
and sub-regulations (1) to (7).
(9) Notwithstanding
the provisions of sub-regulation (8)(b), the National
Commissioner may promote an employee into a post without advertising
the
post, and without following
the selection process, if -
(a) the National Commissioner is satisfied that -
(i) the employee qualifies in all respects for
the post;
(ii) there are exceptional circumstances that
warrant the
deviation from the
said sub-regulation; and
(iii) such deviation is in the interest of
Service; and
(b) the National Commissioner has recorded the
reasons for the deviation in
writing.
(10) A promotion
may not come into effect before the first day of the month following
the date on which the National
Commissioner approved it.”
The
South African Police Service Employment Regulations, as quoted above, provides
for the National Commissioner to, in exceptional circumstances, promote an
employee without advertising a post.
Since
the appointment of the National Commissioner, a total of 18 employees within
the Senior Management Service and 3 employees from salary levels 8 to 12 were
appointed in terms of Regulation 45. A
total of 132 Senior Managers and 432 employees from salary levels 8 to 12 were
appointed in terms of the normal appointment and promotional processes (i,e,
advertisement, selection, interviews and appointment).
·
Management Structure
In response to concerns raised by the unions about the top-heavy
nature of the SAPS organisational structure, the Committee raised a number of
questions on this issue.
Response of the Department: The Department provided an organogram
to the Committee and stated that there is currently one National Commissioner
and 6 posts for Deputy National Commissioners (DNCs). The post of DNC
Operations is currently vacant. The Department stated that it did not believe
that the organisation was top heavy and that there were 665 persons on senior
management level (level 13 and above i.e. 0.35%) out of a total of 188 601
members.
·
Infrastructure
Members noted key concerns with the lack of an updated Infrastructure
Plan for 2011/12 and the MTEF and the fact that, because the 2010-2014 Strategic
Plan has not been updated, it is extremely difficult to effectively monitor
building projects. Members also noted that the target for completion of police
station projects has been reduced from ‘not less than 95% of police station
projects completed’ in 2010/11 to ‘70% of police station projects completed’ in
2011/12. Members were concerned that the SAPS were thus planning for
non-completion rather than completion of these projects. In addition, Members
noted that in their reporting on progress in 2010/11 the Department reported on
percentage of each building project completed (e.g. 90 percent of a particular
police station) rather than on the total percentage of targeted building
projects completed (e.g. 90 percent of all police stations targeted for
completion were completed). This reporting is disingenuous. Members also raised
concerns that the presentation noted quite a few police stations that were
still to be completed in the 2010/11 financial year, but there were only two
days of the 2010/11 financial year still remaining, so it was clear that not
all of these would be completed in the time period. Members also requested that
all delays in building projects should be reported to the Committee at the time
of the delay.
Members raised questions around the completion status of particular
building projects, including Bedwang,
Members also raised concerns around the state of the
barracks and wanted to know what the budget for renovation/upgrading of
barracks was for 2011/12.
Members requested clarification on the information contained
in the presentation which stated that
Response by the Department: The Department stated that they are currently in the process
of developing a new revised three year infrastructure plan and have conceded
that an update of the information in the 2010-14 Strategic Plan is necessary.
The Department acknowledged that some police stations have been prioritised for
building/upgrade/renovation which should not have been prioritised. The
decision has been made to complete all the existing identified building
projects but to reprioritise, in future, based on clearly defined needs. The Department
agreed to report delays in building projects to the Committee.
The
In a written response on the Durban North police station, it was stated that ‘the Durban-North police station project
is executed by the Department of Public Works (DPW) and is currently 99%
complete. Outstanding aspects entail roadworks, painting, cleaning and
mechanical installations being concluded. The envisaged completion date is
planned for the end of April 2011. ‘Although this project is executed by DPW,
the Provincial Facility Manager attends site meetings with DPW on a regular
basis’.
In response to concerns around the Bedwang
police station, In a written response SAPS explained that ‘Bedwang Police
station was not on the Capital Works Projects list. To this extent the
Provincial Commissioner:
The Department stated that some temporary police station structures
are of a very high quality. In terms of barracks, the Department acknowledged
the poor state of many of the barracks. Currently they are building flats for
occupation by SAPS members rather than barracks. They need to align their
system with the new policy on housing for all government officials. A plan is
being put in place to deal with the problems in the barracks.
The Department stated that the decision has been made that
the
·
Other Assets
The budget makes provision for the purchasing of vehicles to
the value of R1.1 billion, but Members wanted information on the number, types
and distribution of these vehicles. Members also raised concerns around the
SAPS garages (whether these are cost effective) and the maintenance plans for
new vehicles (whether all new vehicles will be purchased with comprehensive
plans).
Members also raised concerns around the comfort of the
bulletproof vests and whether there were plans to buy more comfortable vests
for the police, which may encourage a higher usage by the police.
Members also noted that additional firearms will be purchased
in 2011/12 (6 600), but that on station visits the Committee had noted that there
was a surplus of firearms at many of the stations.
Response by the Department: The Department noted with respect
to vehicles that all provinces have been asked to finalise their needs in terms
of vehicles, but that they will wait for the transversal contract from National
Treasury before finalising their purchase list. All new vehicles will be
purchased with service plans. The SAPS is exploring other options, other than
then using their own garages, for maintenance and repairs.
At the moment the Department is purchasing bulletproof vests
from different countries. These are safe but not very comfortable. At present
the strategy is to ensure that all personnel on the ground have vests, but, in
future, the strategy will shift to introduce more comfortable vests after this
issue has been thoroughly researched.
No new firearms were purchased in 2010/11 and the 6 600 that
will be purchased in 2011/12 are only for the new recruits. The Department
stated that even though individual stations may have a surplus of firearms, the
Department does not believe that there is a surplus of firearms.
·
Information System (IS)/Information
Communication Technology (ICT)
projects
The target for completion of IS/ICT annual funded
projects for 2011/12 was set at 70 per cent in the 2011/12 Annual Performance
Plan. Members were concerned that the target was set at 70 per cent rather than
at 100 per cent, thus planning for non-completion of projects. In addition,
Members noted that the absence of a clear plan for development, implementation
and rollout of IS/ICT projects makes effective monitoring impossible. Specific
concerns were identified around a number of projects including Tetra (where the
tender was awarded even though the guarantees were not provided); Automated
Fingerprint Identification System (AFIS) (where they were alerted that no back-up
system exists); and Property Control and Exhibit Management Solution (PCEM)
(where there were questions around the contract and value for money).
In addition, Members questioned whether, after years of
funding for Integrated Justice System projects, any of the systems within the criminal
justice departments actually ‘talk to each other’.
Response by the Department: The Department provided a candid
response to the identified problems in the IS/ICT environment and explained the
historical context of some of these problematic initiatives/projects. The Department
stressed that it was committed to turning these problems around and noted that
there are skills and expertise within the Department which, if channelled
correctly, could be utilised to address these problems. All projects are being
thoroughly investigated and reassessed.
The Department stated that the 70% target was to take into
account external inhibiting factors which include delays in signing contracts
by the State Information Technology Agency (SITA). It was stated that, for
example, the contract for upgrades to the hosting network were only signed by
SITA in June 2010, which explains why the vendors are still on site. In
addition, contracts have still not been awarded for the CCTV project which
started in 2008.
PCEM: The Department provided a lengthy response to concerns
on PCEM. A stop–gap solution to a problem identified in 2007 around the theft
of drugs was put in place in the form of the
After the contract was awarded, an addendum was included
with a list of products that are not purely IS/ICT but include other
technologies. For these products there is thus no standing contract.
AFIS: The Department also has concerns around the AFIS
project. When the system was initially procured there was accommodation made
for commercial and private searches requested by industry (3000 searches). The SAPS
procured AFIS from this company in 2009 at a cost of R20 million. However,
there are now concerns around the small number of searches that can be done
using the system (10 000) and the fact that there is no disaster recovery
capability. Upgrades will be expensive and will cost about R400 million. The
SAPS has thus decided to test the market and has noted that there are only
three suppliers worldwide. They will put out a tender with specification
including 20 000 checks per day. They plan to complete this project within one
year.
TETRA: When the contract was awarded in 2009/10, R180
million was paid to the company without them producing a guarantee. A major
shareholder subsequently sold his share of the company to someone else. In
2010/11 a decision was thus made not to pay, as the requirements were not met.
The SAPS only paid for work done in the period April - August 2010 at a cost of
R31 million. The Department has budgeted for payment for 2011/12 but expects
the letter of guarantee, as the SAPS is concerned as to why there is difficulty
in receiving this letter.
Integration of systems: The Department stated that there is
no integration at present for any of the systems in the criminal justice departments,
despite the Integrated Justice System project being initiated in 2007 and the
Criminal Justice System project which was initiated in 2010. The Departments
can access each other’s systems with permission, but the systems do not ‘talk
to each other’. A transversal team has been tasked to finalise and show
progress on integration. The Department stated that it has insisted that all
departments begin to take more responsibility for projects such as e-docket and
that it should not be seen to be a SAPS responsibility only.
E- Docket will be implemented before the end of 2011 in at
least 20 police stations which have the highest number of cases. It is
currently piloted at Cullinan police station. A decision was taken not to buy
scanners in 2011/12 but to outsource this function of scanning dockets into the
system, as they want the system to be running by the end of the year.
·
Expenditure for 2010
Members
asked for clarity on the 101.3% over-expenditure for sub-programme: Management
as at 31 December 2010 and on the final expenditure for 2010/11 in this
sub-programme. Members also cited a problem with late
payment of invoices. Members asked for the cost of the National Police Day for
2010/11 and its budget for 2011/12.
Response of the Department: In a written response SAPS explained that the sub-
programme Departmental Management provides for the National Commissioner,
Deputy National Commissioners, Provincial Commissioners and personnel, and the
Secretariat for Police. The allocation in 2010/11 for this specific sub-programme
is R54,314 million whilst the actual expenditure as at year-end is R75,311
million.
The reasons for spending in excess of the
allocated amount mainly relates to an increase in compensation for additional
personnel and retirements not initially foreseen, and associated goods and
services.
The
Department stated that generally they pay invoices within 30 days of receipt. Where
Committee Members have specific details of late payments these will be provided
to the department and it will be followed up.
A
written response from SAPS on the National Police Day was as follows: Total
costs with regard to the National Police Day are as follows:
·
2010: R29,235 million
·
2011: R36,348 million as
at year-end
Reconciliation
and vesting against a specific project code is currently being finalized.
In
terms of Section 35 retirement packages, the Department stated that a total of
13 Section 35s were given in 2010/11 at all levels.
·
Expenditure of earmarked/ring-fenced
funds
Members raised questions as to whether the Department will
spend the earmarked funds for the Integrated Justice Systems and Criminal
Justice System, Only 21.6 % of the earmarked funds for the IJS (totalling R1.2
billion) was spent by the end of December 2010.
Response of the Department: The Department stated that it will spend
the earmarked funds by the end of the 4th quarter. They acknowledged
that spending by the end of the 3rd quarter 2010 was low, mainly due
to a review of the project which resulted in the delay of orders. Much of this funding will be spent
on improving attendance at crime scenes through improving capacity and hiring
additional personnel, as well as equipping these personnel with vehicles, necessary
equipment, and training.
·
Ratio of Administrative
staff to operational staff
Members raised concerns that the ratio of
administrative to operational staff is 1:3 rather than more that 1:5 which
should be in terms of the guidelines of the Department of Public Services and Administration.
Response
of the Department: The following
written response was received: As at 28 February 2011, the Department’s
workforce profile represents a total of 188 601 employees (SA Police Act: 150
113 and Public Service Act: 38 488). With specific focus towards employees
appointed in terms of the SA Police act (150 113), the following table provides
perspective on the number of functional members (directly involved in policing
functions) and non-functional members (directly or indirectly involved in
policing functions):
|
Total functional members |
% to total employees appointed in terms of the
SA Police Act |
Total non-functional members |
% to total employees appointed in terms of the
SA Police Act |
|
138 814 |
92,5% |
11 299 |
7,5% |
The
category non-functional members (11 299) includes amongst others the following
occupational professionals:
Medical
and natural science personnel (i.e. Forensic Analysts) (9,63%), pilots (0,44%),
artisans and architects (7,76%), engineers (1,33%), management and support
(47,24%), line-function
support
(21,41%), legal services (1,81%) and social service workers, including
chaplains (4,68%).
Although
the work performed by these occupational professional could in some instances
be seen as administration related, it is evident that these professionals
render direct and/or indirect policing functions and/or services necessary for
the optimal functioning of the Department.
·
Reservists
Members
raised concerns about the policy for reservists and the revised National
Instructions that seem to exclude members of the public that want to assist in
fighting crime. Members stated that not all of these reservists were using the
system to find employment within the SAPS. Members also raised questions on the
number of reservists that meet criteria for training as per agreement and plan
in this regard.
Response
of the Department: The Department stated that, due to problems in
the past where reservists had expectations of permanent employment within the
SAPS, there was a need to review and address the situation. For this reason, it
was decided that only employed reservists would be accepted. A total of 1 800
reservists were included in the 2010/11 basic training intake.
·
Basic Services
at police stations
The
Annual Performance Plan lists a new target for 90% capital projects at police stations to be completed,
which includes projects for electricity, water and sanitation to be provided to
police stations.
Response
of the Department: The Department has provided a list of all
police stations that will receive these services in 2011/12.
6.1.3. Programme 2: Visible Policing
Members noted that the presentation on Visible Policing, which is the largest
Programme within the budget vote of the SAPS, had little substance or
information. Hardly any additional information was provided on how the budget
for this Programme would be spent in 2011/12.
However, the following key issues of concern and questions were raised
in terms of Programme 2:
·
Removal of
certain targets
Members
raised concern that the target for establishment of victim support centres had
been removed, even though support to victims was a priority of government. The
target for crimes in the Railway environment was also removed, even though
there was a marked increase (over 30%) in these crimes in the first 9 months of
2010/11. The Committee felt that, despite observations by the Department that
the removal of this target did not mean that it was not a priority, the target
should be re-established due to serious problems in this environment. This will
assist in more effective monitoring.
Response
of the Department: The Department stated that even though the
target for the removal of the Railway Police has been removed it is captured
under all other targets. Removal of the target, in the opinion of the Department,
does not mean that it is not a priority.
·
Reduction of
targets
Members
raised concerns around the reasons for reduction of targets. These include the
decision to reduce the target of contact crime from 7-10 % per annum to 4-7 % per
annum in 2010/11. The reduction of only 2 % for serious crimes was also
questioned. The Committee stated that
the department should do a proper scientific study, lessons learnt to date and
best international practises. Clear reasons should be provided for the basis
for the reduction of this target. The Committee is not concerned about who
reduced the target but rather on the reasons that supported the reduction of
the target.
Response
of the Department: The Department stated that the decision to
reduce the target from 7-10 per cent to 4-7 % was a Cluster decision rather than
a decision by the Department. The 2 per cent reduction in serious crime is also
a Cluster target. The 7-10 per cent target was set in the 2004 January Lekgotla
and adopted by the SAPS. Some of the targets were achieved but not all of them,
and the JCPS thus stated that this target was not realistic for all types of crime.
The target was then reduced to 4-7 %. The 2 % target for serious crimes is a
new target.
The
Department responded in writing that a comprehensive reply in this regard would
be incorporated with the issues raised with regard to the Annual Performance
Plan, to be responded to by 30 April 2011.
·
Absence of
targets in the Plan
The
absence of a number of critical targets in the Plan reduces the ability to
monitor policing effectively. Members raised concerns that, for example, there
is no target for implementation of sector policing.
Response
of the Department: The Department has stated that it needs to
revisit the sector policing issue as, in some areas, it is working well (
·
Implementation
of the Firearms Control Act
The
2011/12 Annual Performance Plan includes a new target for applications for firearm
licences, permits, authorisations and renewals to be processed within 90
working days. Members wanted to know when this 90-days period starts, what responsibilities
the station will take to ensure that applications are complete, and concerns
around a possible increase in appeals resulting from this process. Members also
raised concerns around the IT system supporting these processes.
Response
by the Department: The Department stated that the 90-day period
will start once the completed applications are received at station level. In
response to Committee concerns around the Designated Firearm Officer (DFO) at
station level, the Department stated than the Minister had announced a turn-around
strategy in this regard and that the head of the Unit had been replaced. In addition,
the DFO function has now been made a full-time position. The signing delegations
have also been increased to Lt Colonel level. The Department is reporting to
the Minister on a weekly basis on these issues. The Department acknowledged
serious problems with the IT system supporting this process and stated that
legal proceedings will arise on this issue.
·
Stolen firearms
Members
questioned the role the Department will play in reducing the number of stolen
privately owned firearms. The concern is that this is not within their sphere
of control.
Response
by the Department: Despite a target provided the Department could
not respond to this question.
·
Border
Security
Members
requested information on the timelines for takeover by the SANDF on the Free
State and Eastern Cape borderlines and noted that the Department had not
responded to a previous request for information on this issue (with regard to
the roles and responsibilities of the SAPS and the SANDF on the border) which
was reported in the BRRR of the Committee.
Response
by the Department: The Department stated that the SAPS will still be present at the Ports of
Entry and it is only at the borderlines that the South African National Defence
Force (SANDF) will take over. The withdrawal
of the SAPS will be phased in . There are still police on the borderlines as
part of the Rural Safety Strategy. The decision by Cabinet is that there should
be joint policing of the border. The timeframe for SANDF ‘takeover’ is
determined by the SANDF.
6.1.4 Programme 3: Detective Service
The
following key concerns and questions were raised with regard to Programme 3.
·
Crimes
against children
Members
were concerned about the reduction of the target for detection rate of crimes
against children which was reduced from 76-80% in 2010/11 to 66-70% in 2011/12
despite combating of crimes against children being a priority of Government.
In
response to the challenges faced by the Department in this regard the Members
stated that all attempts should be made to address these challenges so as to
eliminate the need to decrease the target.
Response
by the Department: The Department stated in the meeting that, arising
from the Child Justice Act, there are now a number of challenges in dealing
with children that commit crimes against other children. The Department stated
that ‘most’ of the crimes committed against children are committed by other
children. Essentially, this problem means that their current systems are not
able to capture those children that have been detected as perpetrators but who
are not yet or will not be charged.
In
their written response on this issue the SAPS stated that ‘the Division:
Detective Service is currently engaging the Division: Technology Management
Services to bring about changes to the Crime Administration System (CAS) to be
able to capture information on juveniles in conflict with the law on the system
to include incidents relating to the Child Justice Act, Act 75 of 2008. This process will be finalized in
collaboration with Division: Technology Management Services by the 1st
July 2011.
·
Lack of
target for organised crime
The
Committee was concerned about the absence of a target in the 2011/12 Annual
Performance Plan for Organised Crime.
Response
of the Department: According to the written response by the
Department ‘the Directorate for Priority Crime Investigation is committed in
improving the overall performance in addressing the organised crime threat.
During the last two financial years the Department achieved the 40% target of
organised crime projects successfully terminated. Based on previous
achievements and to improve performance, the new target was set to 50% of
organised crime projects successfully terminated for the 2010/2011 financial
year. The changed focus of organised crime will be to target the criminal
business system - which is threat based’.
·
Conviction rate
Members
raised the question of why the SAPS have decided not to use the conviction rate
as a measure of performance. While Members understood the complexity around
using conviction rates as a measure, they stated that the Department could
include a measure for the percentage of court-ready cases that receive a
conviction.
Response
of the Department: The Department
stated that use of conviction rate as a measure is complicated by external
factors. Court-ready case dockets are thus a more accurate reflection of the performance
of the police.
·
Workload and
the ideal number of detectives required
Members
requested information on the average workload of detectives and whether the
Department has ascertained the ideal number of detectives that are required in
the establishment.
Response
of the Department: In their
written response the SAPS stated that ‘research
will be done and the results will be made available after the research is
completed. According to the Budgetary
Review and Recommendation Report on the Performance of the Department of Police
for the financial year 2009/2010, dated 22 October 2010, a written report
should be submitted to the Committee by October 2011. If the research is finalized earlier, it will
be provided to the Committee’.
·
Training of
Detectives and capacity building for Branch
Commanders
Members questioned
the process embarked upon by the Department to identify candidates at basic
training to become detectives. In addition, Members raised the issue that
during their station visits they were aware of large number of detectives that
had received no detective training and that there were very limited annual
slots for the training of detectives. Members also noted that performance of
detectives at station level was largely dependent on the capacity of Branch
Commanders and wanted to know what measures were in place to identify poorly
performing Branch Commanders and to address their performance problems.
Response of
the Department: In a written response the SAPS stated that
specific selection criteria (test battery) was developed by the South African
Police Service Psychological Services to be utilized to select and recruit
candidates for the detective service.
The test battery aims to ensure that candidates for possible placement
in the detective service have the aptitude, character and natural traits to
investigate crime.
During the
2010/2011 financial year several candidates were tested at SAPS training
institutions and a total of 252 successful candidates started the detective
training at Graaff Reinet training institution.
These trainees completed the institutional phase of the detective
training during February 2011 and are now placed at various police stations
across the country. They are placed with
mentors to undergo practical training for a period of nine (09) months. In
addition, during the meeting, the Department stated that, as a result of interventions
by the Portfolio Committee, the mentorship programme has become more
formalised.
The
Department also stated in the meeting that a policy to provide for the retention
of good detectives at higher salary levels had been approved and would be
implemented in 2011. This will allow for detectives that are currently in
management positions (such as station commanders) to be reinstated back into detectives
at the same salary level that they would earn as station commanders.
The Department
will also improve monitoring of performance of detectives. Performance at all
levels will be more intensely monitored. Templates have been created to prescribe
the role of each functionary and control mechanisms have been put in place. Monitoring
will be done on a quarterly basis to identify problems quickly and put in place
corrective action. Performance
indicators are in place at all levels, including Cluster Commander, Branch
Commander and Station Commander. Training will be put in place in order to
capacitate Branch commanders to fulfil their functions effectively.
·
Management of
crimes scenes and improved criminal investigations
Members noted
that proper management of crimes scenes was imperative in order to protect
evidence.
Response by
the Department: A crime scene manual has been developed and
will be rolled out in 2011/12. A crime investigation manual will also be
complete within the next 6 months.
·
Forensic Science
Laboratory (FSL): Retention of Staff and expansion of services and reduction of
backlogs
Members
raised questions on the retention measures in place for skilled staff, the
expansion of services to rural areas and progress on the reduction of backlogs
in the FSL.
Response by
the Department: The entry level for forensic analysts has been
increased to level 7. This is effective from the 1 March 2011. This
remuneration is higher than remuneration offered in other public service
departments. The challenge, however, will continue to be retention at a higher
level and this will be part of a second phase strategy .
FSL capacity
in rural areas has also been identified as a priority and a decision has been taken
to cascade this to Cluster level, which will assist in retention. This will
decrease response time to crime scenes. Crime Scene experts will be capacitated
with equipment and vehicles to improve effective functioning. These will be
purchased from the Criminal Justice System allocation for 2010/11.
Decentralisation
of FSL is also a priority, and the Laboratory in Kwa Zulu Natal is at an
advanced stage and should be completed in the first quarter of 2011. A total of
750 additional personnel will be hired in the FSL environment in 2011/12.
In 2010 the
backlogs in Forensics was at 47 660 and this has been reduced to a total of 18
901 in 2011 (by 60%). Not all of the 18 901 case are backlogs.
In terms of
Biology (DNA) the Department stated that there are no longer backlogs with DNA
testing. While there are still 3 235 cases, these will be completed within the
timeframes. Some of these are ‘research cases’ which take a bit longer to
complete. There was an 80% reduction in the Biology backlog from 2010 to 2011.
There was a
48% reduction of backlogs in Chemistry and a 5% reduction in backlogs in
Questioned Documents. Questioned Documents does not, however, have a growing
backlog problem. There are no backlogs in Ballistics.
·
Forensic
Science Laboratory (FSL)/ Criminal Record Centre (CRC):
IS/ICT
system:
Members
raised concerns around the technology utilised by the FSL, including Genetic
Sample Processing System (GSPS), Laboratory Information Management ystem (LIMS), and raised specific
questions around the Marshall System. The Committee was concerned about the
disassembled components of the Marshall System and wanted to know who
sanctioned the removal, when, and what happened to components. Members also
wanted to know the cost effectiveness of the manual versus the automated systems.
Response
by the Department: The Department stated that there is now a very
close working relationship between FSL/CRC and the Technology Service Management
(TSM) divisions. They have diagnosed the challenges in the environment (also in
regard to AFIS) and are trying to address these problems. The earmarked funds
for the FSL/CRC environment provided in the 2010/11 budget will be spent.
GSPS: Is still
being used. A study has been sanctioned on the efficiency of the system. The
system cost R72 million and its maintenance costs are high. The system will be
decommissioned at the end of its life span. The success rate of the system has improved
from 33% in 2008, 45% in 2009 and 48% in 2010. Once the study is completed and
the report delivered a decision will be taken about future use of the system. Currently
it is used together with the manual system.
LIMS: There is
only one LIM system in
Marshall
System: In a written response by the Department it was stated that ‘with the
approval of the former Divisional Commissioner: CR & FSS, Lt Gen Du Toit,
the Marshall System was dismantled. The
work space was allocated to the Chemistry Section, drug analysis. The only part of the Marshall System that is
accounted for is the 3130 genetic analyzer which is utilized in the manual DNA
process at Biology Section,
- Laboratory Benches, UPS’s, Aircons, Power
plant;
- EVO Liquid Handler;DNA Cycler; Plate
Sealer;
- Two(2) smaller Liquid Handlers;
- Robots & Robot Tracks;
- Sample Puncher & Cooling Containers
It
was indicated that an investigation will be conducted to determine liability’.
·
FSL: Security
measures
Security
at the laboratories was also noted as a concern. Members asked what measures
had been put in place to improve security at the Laboratories. Members also
noted that for years the Department has stated that they will be installing
CCTV cameras in the laboratories, but these are still not apparent. Members also
noted that rape kits and other evidence that should be sent off to the laboratories
are often seen on the shelves in SAPS 13 stores at station level.
Response by the Department: The
Department stated that a total of six criminal cases are currently before the
DPP and the investigations have been finalised. A number of measures have been
taken to address security concerns. These include the procurement of temporary
containers to hold the drugs in the laboratories, and a drug storage facility
is being built in
In
terms of security technologies, management of the contracts for camera and
biometric control systems will be withdrawn from the SITA and moved to Supply
Chain Management in the SAPS in order to fast track delivery of security
technologies at the laboratories. The Department stated that while there are
some cameras in the laboratories, these need to be properly maintained and
moved to unknown strategic positions. A security assessment report has been
completed and it will costs over R40 million to provide proper CCTV coverage.
The Department stated that this is a priority and that once the tender is
advertised this process should be implemented in the first quarter of 2011.
The
Department stated that the PCEM system when fully implemented should alleviate
some of the problems apparent at SAPS 13 stores. However the Department is concerned
about the length of time that it takes
for rape kits to be delivered to the laboratories. The Department is trying
to enhance its systems to ensure that there are no delays.
·
Expenditure
for 2010
Members
asked questions about the 400 % over-expenditure on consultants for lab
services.
Reponses
by the Department: A written
response from SAPS states that the services referred to in this instance are
typically the maceration of human remains that must be done to legislative
specifics. Biology utilizes the service of universities to assist in this
regard where human remains need to be macerated. Another example is the testing
of white powders for “anthrax” threats in the Explosives environment. These
functions can currently not be performed by analysts in the environment because
there are no such subject matter experts available. The amount of human remains
and “anthrax” cases cannot be predetermined and therefore there might be an
increase of 400%. It differs on a yearly basis.
6.1.5 Programme 4: Crime Intelligence
No
questions asked by the Committee
6.1.6 Programme 5: Protection
and Security Services
·
Shift of
Railway Police and Ports of Entry from Programme 5 to
Programme
2
Members were
concerned that the shift of these two areas from Programme 5 to Programme 2
were not identified clearly in the Plan, as is required in terms of the
National Treasury guidelines. In addition, Members wanted an explanation of the
term ‘functional purification’ which was provided as the reason for this shift.
Response by
the Department: The Department stated that ‘functional
purification’ means that certain functions which resided under Programme 5
should belong functionally under Programme 2. The two functions were therefore
shifted to Programme 2 for that reason.
·
Number of
SAPS members with bodyguards
The Committee
wanted to know how many SAPS members had bodyguards and at what cost.
Response by
the Department: The Department stated that only the National Commissioner
is currently protected due to a threat on his life. This protection is not
permanent. The Department was unable to provide the costs.
·
Security
breaches
The Committee
wanted to know the reasons for the five security breaches in the Static and
Mobile Security sub-programme during 2010/11.
Response by
the Department: The reasons for the five security breaches in the
Static and Mobile Security sub-programme were due to problems outside of the
control of the SAPS, including the lack of fencing at one National Key Point.
·
Target
reduced
Members
wanted an explanation for the drop in the target for percentage of identified
Strategic Installations audited from 75 per cent in 2009/10 to 50 % c in
2011/12.
Response of
the Department: The Department explained that the 2009/10
financial year was the start of this audit function and that, from that year on,
the decision was made to audit half of the 227 installations in each financial
year.
7. CIVILIAN
SECRETARIAT FOR POLICE
The Chairperson commended the
Civilian Secretariat for presenting its Strategic Plan and Annual Performance
Plan in a user-friendly document and at very short notice. The Plans are in
line with the instructions from National Treasury and thus can be used
effectively to hold the Secretariat to account. While commending the
Secretariat on the quality of their plans, it was noted that the Secretariat
should ensure that the Plans are not just about numbers but that, instead, they
clearly outline expected outcomes that will be achieved.
The Committee highlighted the following observations and
issues of concern:
·
Relationship with SAPS
The Committee questioned
the level of co-operation between SAPS and Secretariat.
Response by the
Secretariat: A forum should be established between the SAPS and the Secretariat to
raise and address issues of concern. There are smaller issues that could first
be raised in this Forum before bringing these to the attention of the Minister
of Police or Parliament. The Secretariat has noted the concern about being both
a player and a referee with regard to the SAPS. They have had discussions in
this regard and have agreed that they need to focus on monitoring rather than implementation.
·
Establishment of
provincial secretariats
The Committee wanted to
know whether provincial secretariats had been established in all of the
provinces.
Response of the
Secretariat: The Secretariat stated that provincial secretariats have still not been
established in any other provinces – other than the two in which they already
exist. All provinces are engaging with the Secretariat on this issue, with the
exception of one province. Four provinces have included the establishment of
the provincial secretariats in their strategic planning.
·
Time lines for
legislation
Members asked whether the
timelines for review of legislation were on track.
Response of the
Secretariat: A revised time line for legislation to be tabled in Parliament will be
sent to the Committee. The only legislation that may be delayed is the revision
of the Private Security Industry Regulatory Authority Act, as revision of the
White Paper has been prioritised. The amendments to the Dangerous Weapons Act
have been completed jointly with the Department of Justice and Constitutional
Affairs and should be tabled in June 2011, after public comment has been received.
The amendments to the Firearms Control Act should be finalised by the end of
April 2011. The amendments to the SAPS Act must be introduced in Parliament by
the end of 2011. The revised White Paper will inform the revisions to the Act.
The Secretariat will send the dates for legislation that were sent to the
Leader of Government Business, to the Committee.
·
Transitional arrangements
around the Domestic Violence Act
Members enquired about the
transitional arrangements that have been made with regards to the
responsibilities around Domestic Violence Act that the Secretariat will taken
over from Independent Complaints Directorate (ICD) and South African Police
Services (SAPS).
Response of the
Secretariat: A task team has been established
together with the ICD to deal with the handover of the Domestic Violence Act
functions to the Secretariat.
The development of the
CPF Guidelines will be done in conjunction with the Reference Group. The
Secretariat will focus on improving the quality of the Domestic Violence
Reports and will ensure that the reports also inform possible amendments to the
Domestic Violence Act. The ICD will do the reporting for June 2011, after which
this function will be taken over by the Secretariat.
·
National Instructions and
Standing Orders
Members wanted to know
what the role of the Secretariat would be in terms of oversight over National Instructions
and Standing Orders.
Response of the
Secretariat: The Secretariat needs to still consider this issue.
·
Appointment of a Chief
Financial Officer and financial management
issues
The Secretariat intends
to appoint the Chief Financial Officer by end of December 2011 or early January
2012. The Committee strongly recommended
to the Secretariat to appoint the CFO earlier so for the appointee be involved
in the 2012/13 budget process. The Committee also wanted to know what steps had
been taken to improve financial management at the Secretariat.
Response of the Secretariat: the Secretariat noted the point about early appointment of
the CFO. In terms of financial management, it was stated that there is a monthly
reporting system in place, but it has been difficult to capacitate these
functions without an approved organisational structure. Two finance posts have
been advertised and the asset register is being developed.
·
Visits to
Police Stations
The
Committee questioned how the Secretariat identified which police stations to
visit.
Response by
the Secretariat: The Secretary stated that the visits were guided by
the information received from the Provinces and from complaints received
including complaints from public and also stations that are problematic. In
addition they took into account those stations that had not yet been visited by
the Portfolio Committee on Police and the Department.
·
Amendments
to the SAPS Amendment Act dealing with the
Directorate of Priority Crime
Investigation (DPCI)
Members
questioned why this amendment Bill had not been included into the Plans.
Members also raised concerns about leaving this process to the White Paper and
SAPS Act process, as the timeframe for these amendments meant that they had to
be completed within 18 months, and delays within the other processes could
cause problems in this regard.
Response of
the Secretariat: The Secretariat stated that a team has been
established including the Secretariat, the Hawks and the Department of Justice
and Constitutional Development to address this issue. This will also be dealt
with as a part of the White Paper Review and the amendments to the SAPS Act.
The Secretariat acknowledged that, in the light of concerns of delays with the
White Paper and other processes, it would be necessary to priorotise the DPCI
amendments.
7.
RECOMMENDATIONS
7.1. Department of
Police
The Committee recommended the
following with regard to the 2011/12 Annual Performance Plan and budget for the
Department of Police:
Consideration of Reports
·
The National Commissioner should ensure
that the Reports of the Committee, including the station visit reports,
training academy reports, Budget and Budget Review and Recommendation Reports
(BRRR), are read by the Department and the issues raised in these reports are
considered. In addition, where written responses are requested by a certain
date, these should be adhered to or the Committee contacted if an extension is
required.
·
The Department has stated in its written
responses dated 5 April 2012 that a comprehensive reply on all aspects recorded
in Budgetary Review and Recommendations Report on the performance of the
Department of Police for the financial year 2009/2010, dated 22 October 2010
and Property Management and Capital Works within the South African Police
Service, dated 21 October 2010, tabled in the National Assembly, will soon be
presented to the Committee.
SAPS 2011/12 Annual Performance Plan
While it is clear that there are
many plans and initiatives that will take place within the Department for
2011/12, these are not reflected in the Annual Performance Plan. This makes it
very difficult for the Committee and other role-players to effectively monitor
the performance of the Department. In
addition, it is clear that there are a number of serious problems with the
current 2011/12 Annual Performance Plan including that the Plan is not in line
with the instructions of National Treasury.
·
The Department should table a revised Annual Performance
Plan. The
Department
must ensure that its revised Annual Performance Plan is
aligned
to the instructions by National Treasury and the other concerns
identified
by the Committee in section 6.1.1 of this report . This should be
forwarded
to the Committee, through the Minister, by 30 April 2011.
·
In addition, the Department must measure its targets on
performance from
the
estimated baseline figures for the previous financial year i.e. 2010/11
rather
than 2009/10.
·
A detailed updated Five-year Infrastructure Plan should be
submitted to
the
Committee on completion, outlining completed projects in 2010/11 (by
year
end), facilities that are planned for completion in 2011/12 and for the
MTEF,
including starting dates of all these
projects, as well as projected
completion
dates. These should include plans for all facilities, including
police
stations, barracks (accommodation), training facilities, and
laboratories,
amongst others. In addition,:
o
All delays in building projects and cost implications thereof should be
reported to the Committee at the time of the delay.
·
A detailed Five-year IS/ICT Plan with clear timeframes for
completion of
projects,
including the plan for the rollout of the projects, should be
submitted
to the Committee.
·
The following indicators should be
reinstated in the Annual Performance
Plan:
o
The indicator for Railway Police
o
The indicator for victims support centres
·
The Committee encourages the SAPS to continue in its quest
to reduce
serious
crime by 7-10 % and not 4-7 %, as indicated in the
SAPS
Annual Performance Plan, and further urges the Department to
raise
the concern with the Justice Crime Prevention and Security Cluster.
Further
interactions on this matter may be required. . The Department
should
also provide information on its own research completed or research
completed
by the Cluster which informed the reduction of this target. The
Department
responded in writing that a comprehensive reply in this regard
will
be incorporated in the issues raised in the Annual Performance Plan,
to
be submitted by 30 April 2011.
·
Despite the JCPS clustering of certain crimes, the
Department should
divide
the crimes for reporting purposes into different categories such as
those
crimes dependent of police action and those that are not.
·
In future, the Department should endeavour to ensure that
its Annual
Performance
Plans and Strategic Plans are tabled in Parliament by the
date
stipulated. Delays impact negatively on the programme of
the
Committee and that of Parliament.
Additional information
that must be submitted to the Committee includes:
The Department should provide information on the number, type
and distribution of vehicles which will be purchased in 2011/12 after receipt
of the transversal contract from National Treasury.
In addition to the 5 year plan the Department should provide
a written submission to the Committee on all its IS/ICT projects by 15 July
2011.
The Department should provide a full report on implementation
of the turnaround strategy with regard to processing of firearm licences,
permits, and renewals.
The Department should provide a full report on the research
conducted with regard to workloads and the ideal number of detectives by
October 2011 or earlier if this research has been completed.
The Department should conduct a review of sector policing
,identifying at the challenges and how to address them, best practises, lessons
learned and the roll-out to outstanding police stations.
The Department should provide information on the occupation of
Ga-Ma semoela police station.
The Department should provide information as a result of
completed audit on status of firearms country wide.
7.2. Civilian Secretariat for Police
The Committee recommended the
following with regard to the 2011-14 Strategic Plan and 2011/12 Annual
Performance Plan and budget for the Civilian Secretariat for Police:
Oversight function of the
Secretariat
·
In line with its oversight function over the Department of
Police, senior
representatives
from the Civilian Secretariat for Police should be present
throughout
the budget, annual and other strategic hearings processes
when
the SAPS appears before the Committee. In addition, in future, the
Secretariat
should make a presentation to the Committee, during budget
and
annual report processes, on their analysis of the budget, strategic
plan
and performance of the SAPS.
Legislation
·
The Secretariat should send the amended dates for
legislation that were
sent
to the Leader of Government Business, to the committee.
·
The Secretariat should ensure that they do not delay the
amendments to
the
SAPS Amendment Act that dealt with the Directorate of Priority Crime
Investigation,
as these amendments must be finalised within 18 months.
Appointment of the Chief Financial Officer
·
The Secretariat is recommended to consider appointment of
the CFO
earlier so that the appointee can be involved in the 2012/13
budget
process.
8. 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.
The Portfolio Committee on Police
supports the budget allocation of Department of Police for 2011/12 and the 2011
MTEF and recommends that the Budget Vote 25 be adopted.
Report to be considered