The Budgetary Review and
Recommendation Report of the Portfolio Committee on Police on the performance
of the Department of Police for the 2011/12 financial year, dated 22 October
2012.
The Portfolio Committee on Police (the
Committee), having considered the performance and submission to National
Treasury for the medium term period of the Department of Police (the
Department) and the Civilian Secretariat for Police, reports as follows:
1.
Introduction
As part of its oversight function, the
Committee considers the Annual Report of the Department of Police on an annual
basis. The Money Bills Procedures and Related Matters Amendment Act sets out
the process allowing Parliament to make recommendations to the Minister of
Finance to amend the budget of a national department. As part of this process,
Portfolio Committees are now required to compile Budgetary Review and
Recommendation Reports (BRRR) in October of each year, containing
recommendations relating to funding allocations for the departments. The BRRRs
are also a source document for the Standing Committee on Finance, which makes
recommendations to the National Assembly on the Medium-Term Budget Policy
Statement (MTBPS). The annual review and analysis of performance (financial and
non-financial performance indicators) form part of this process.
The Committee has scrutinised and interrogated
all the documents as outlined in Section 5 of the Money Bills Amendment
Procedures and Related Matters Act, 2009, with a view to assessing the
performance of the Department of Police in the 2011/12 financial year, as well
as performance in the first quarter of the 2012/13 financial year.
This is the third year that the Committee is
undertaking the BRRR process. The Committee believes that its engagements with
the Department of Police as well as the Civilian Secretariat for Police, has
been robust throughout the 2011/12 financial year. In addition, the Committee
has received submissions on the Annual Report of the SAPS for 2011/12 from
outside experts, including the Institute for Security Studies (ISS), the South
African Police Union (SAPU), the Police and Prisons Civil Rights Union (POPCRU),
as well as the Office of the Auditor-General. Hearings were held with the
Department of Police over a three-day period during which the Department
presented on its performance for 2011/12, both in terms of service delivery
targets, as well as in terms of its financial statements. In its assessment of
the performance of the Department of Police, the Committee has also been guided
by the primary information that it has gathered during oversight visits
undertaken during 2011/12.
To assist the Committee in its visits to police
stations, and when individual Members visit police stations, the Committee uses
its Station Monitoring Tool, which provides for systematic gathering and
analysis of information on service delivery and performance at the stations.
The Committee, in its oversight function, has also held a number of meetings
during this period in which it has interrogated the Department on key issues of
interest to the Committee.
Lastly, the Committee has been guided in its
analysis by its own annual strategic plan for the 2011/12 and 2012/13 years.
These focus areas of the Committee largely emanate from the broader strategic
priorities of Government during the respective time periods.
Structure of the Report: This Report comprises ten
sections:
·
Section 1: Introduction – sets out the mandate of the Committee, the
purpose of this report (BRRR) and the process to develop this report.
·
Section 2: Provides an overview of the Department’s Vote and spending
for 2011/12 as well as for part of 2012/13 and set out the Department’s MTEF
submission to National Treasury for 2013/14.
·
Section 3: Summarises the 2011/12 report of the Auditor-General for the
Department.
·
Section 4: Provides a broad overview of the changing strategic and
operational environment of the Department for 2011/12 and 2012/13.
·
Section 5: Summarises performance information per programme for 2011/12.
·
Section 6: Provides an overview of the Civilian Secretariat for Police strategic and
operational environment, as well as an overview of the Secretariat’s Vote and
spending for 2011/12 and the 1st quarter of 2012/13, together with the Secretariat’s MTEF
submissions to National Treasury for 2012/13
·
Section 7: Highlights key observations of the Committee with respect to
financial and performance information for 2011/12, as well as 2012/13
(Department of Police as well as the Civilian Secretariat for Police).
·
Section 8: Summarises additional information requested from the
Department and Secretariat in deliberations and other reporting requirements.
·
Section 9: Summarises recommendations of the Committee with a focus on
funding for 2012/13.
·
Section 10: Conclusion.
2.
Overview of Departmental Vote
and Spending
2.1
Financial performance for
2011/12
Vote: The Department received a final
appropriation of R58,550,537 billion in the 2011/12 financial year which was a
9.3 per cent increase on the R53,529,726 billion received in 2010/11.
Adjusted
Appropriation: During
the adjustment period, the main appropriation (R58,061,537 billion) was
increased by an additional allocation of R489 thousand to current payments in
order to pay for higher personnel remuneration increases, than was provided for
in the main budget.
A total of R755,840 million was moved (mainly out of Goods and services) to
Compensation of employees. The main reasons for these virements were to appoint
cleaners as permanent staff; to cover shortfalls in Compensation of employees,
to finance security for the local government election, and to fund structural
changes which resulted in the movement of some personnel from Programme 5 to
Programme 2.
Virement: The following reflects key
virement that occurred after the adjustment period:
·
R437 million was moved out of the Goods and services budget and R297,646
million was moved out of the Payment for capital assets (Buildings and other
fixed structures).
·
The majority of these funds were moved to Payment for capital assets-
Machinery and equipment (R557,193 million).
·
In terms of Programmes, R583 million was moved out of Programme 1:
Administration and R32 million out of Programme 5: Protection and Security
Services. The majority of funds were moved into Programme 3: Detective Services
(R336 million); Programme 2: Visible Policing (R268,7 million) and Programme 4:
Crime Intelligence (R10.million).
2011/12
Quarterly expenditure: The quarterly expenditure patterns of the Department are largely in-line
with linear benchmarks set by National Treasury. However, particular attention
should be given to expenditure on ‘Payments for capital assets’, as
expenditure of 19.3% was recorded at the end of the 2nd quarter,
which is significantly low and only recorded a final spending on of 98.8 per
cent in 2011/12, which is lower in comparison to the previous year spending of
119.3 per cent. Looking closer at the line items in this category, the
following should be noted:
-
‘Buildings and other fixed structures’, which shows a severe under-spending in
only utilising 54.3 per cent of its
allocated budget at the end of the 4th quarter;
-
‘Machinery and equipment’, which utilised 131.6 per
cent of its allocated budget. The Department indicated that the high spending
on Machinery and equipment is due to
vehicles being received late in the financial year.
-
The Department overspent on ‘Biological assets’
(training and purchase of dogs) by 671.1 per cent. The amount budgeted for this item was R235 000 and the total
amount spent was R1.6 million.
2011/12 Final
expenditure: The table below illustrates the
Appropriation Statement of the Department of Police for the 2011/12 financial
year. It shows the total adjusted appropriation of R58,550 billion with R57,933
billion spent leaving a sizable surplus of R617 million unspent funds for
2011/12.
The Department of Police had an under-expenditure of 1.1
per cent at the end of the financial year for the first time in many years. The
total expenditure for the year under review thus came to 98.9 per cent of the
total budget. The Departmental programmes all either over-or-under-spent on
their allocated budgets.
Programmes |
Adjusted
Estimates R’000 |
Actual
Expenditure R’000 |
Virement R’000 |
Variance % |
Remainder/ Unspent
funds R’000 |
Administration |
20 372 200 |
19 263 922 |
583 045 |
2,9% |
525 233 |
Visible Policing |
24 493 196 |
24 761 973 |
(268 777) |
(1,1%) |
0 |
Detective Services |
9 923 529 |
10 167 669 |
(336 323) |
(3,4%) |
92 183 |
Crime Intelligence |
2 194 823 |
2 204 989 |
(10 166) |
(0,5%) |
0 |
Protection and Security Services |
1 566 789 |
1 534 568 |
32 221 |
2,1% |
0 |
Total |
58 550
537 |
57 933
121 |
- |
- |
617 416 |
Source: SAPS 2011/12 Annual Report, p. 128
This unspent amount of R617,416 million comprised the
following:
-
Criminal
Justice System Review – R350,877 million
-
Capital Works –
R266,528 million
-
Unspent from normal
operational budget – R0,011 million (R11 thousand)
Spending on Compensation of employees (71,8% in 2010/11 and
73,2% in 2011/12) remained the most significant expense in the Department’s
vote.
Key issues related to 2011/12 expenditure include:
-
There was under-spending in the Technology Management Services due to the
slow implementation of modernisation projects. Spending on Current Payments was
98.8 per cent of the budget, primarily due to the slow spending on the Criminal
Justice Sector Revamp projects under Goods and services.
-
Transfers and subsidies spending was 8.8 percentage points higher than
the budget due to transfers to provinces and municipalities for non-anticipated
vehicle licence renewals, transfers to departmental agencies and accounts and transfers
to Households for post-retirement benefits.
-
Payment for Capital Assets at 99.8 per cent was marginally lower than expected,
which was largely influenced by expenditure on Buildings and other fixed
structures (54.3 per cent) due to the non-performance of contractors and changes
in the design and scope of projects by the Department of Public Works (DPW).
-
The Department spent only 71.5 per cent (R669.9 million) of the
earmarked amount for the construction and upgrading of police stations. The
Department of Police asserts that the under-spending was, amongst others, due
to delays in site clearance, changes in design and scope of projects and delays
in the awarding of contracts for the construction of police stations.
-
Only 83.5 per cent (R1.78 billion) of the earmarked amount for the
Integrated Justice Sector (IJS) Programme was spent. This was a result of
cumbersome procurement processes confronted by the Department.
Unauthorised,
Fruitless and wasteful and Irregular expenditure: Irregular expenditure decreased from R76
million in 2010/11 to R1.183 million in 2011/12. The highest amounts of
irregular expenditure were incurred in Accommodation and Meals, Security
Services and Renovation (Buildings). Fruitless and wasteful expenditure also
decreased from R771 thousand incurred in 2010/11 to R494 thousand incurred for
2011/12.
2.2
Financial performance for
2012/13
Budget allocation for 2012/13: The budget allocation for
2012/13 is R62.5 billion which, in real terms, represents a marginal increase
of 0.77 per cent. Programmes
Administration and Visible Policing continue to receive the biggest allocations
of the total budget, with R16.3 billion and R28.7 billion respectively. This is
26 per cent and 46 percent of the total budget. Two programmes (Visible
Policing and Protection and Security Service) show budgetary decreases in real
terms of 0.67 per cent and 0.92 per cent respectively. The 2012/13 budget sets
out additional allocations of R872.9 million in 2012/13, R990.8 million in
2013/14 and R1.1 billion in 2014/15 for improved conditions of service. Cabinet
approved a R2.2 billion baseline cut over the medium term, mainly due to a
reduced intake of new recruits.
Spending for the 1st quarter of 2012/13: During the 1st quarter of 2012/13, the Department spent 23.6%
(R14 755 186 billion) of its allocated budget. The Administration
programme recorded an expenditure of 20.7%, which is below the 25% expenditure
benchmark set by Treasury. Specific focus should be placed on expenditure on Payments
for capital assets, for which the Department managed an expenditure of only 11.6%
at the end of June 2012. Breaking down this expenditure in terms of line items
resorting under Payment for capital assets, it is worrying that expenditure on Buildings
and fixed structures managed an expenditure of only 6.0%, while expenditure on Machinery
and equipment was 15.6% of its allocated budget at the end of June 2012.
Spending
pressures: Key spending pressures for 2012/13 have been
reported as:
·
Compensation of employees across the entire vote;
·
Payments to capital assets;
·
Increase in fuel and oil;
·
Under-spending on Integrated Justice System (IJS) and Criminal Justice
System (CJS) revamp projects;
·
Capacitating detectives, especially delivery of vehicles to stock-theft
units;
·
Enhancements made in the establishment of the Directorate for Priority
Crime Investigation (DPCI), funding was diverted from Programme 5 to this
programme mainly for capital purchases (machinery and equipment e.g. vehicles.
2.3
Financial needs for 2013/14
Budget
baseline:
According to the indicative medium term baseline allocations, a total of R66,921
billion is allocated to the Department of Police for 2013/14 (7% increase on
2012/13), growing to R70,848 billion in 2014/15 (5,9% increase on 2013/14) and
R74,107 billion in 2015/16 (4,6% increase on 2014/15). No additional
information was provided in term of allocations to specific programmes of the
Department.
Submission to
National Treasury:
(1) The
Department submitted to National Treasury that should the above mentioned
amounts be appropriated as the ‘holding’ budget over the next three years, the
following implications will be evident: Personnel numbers to remain at its
current level of 197 930 (dependent upon the outcome of the 2012 Adjusted
Estimate process); no additional funding will be available for introduction of
any new programmes or projects; reprioritisation to be performed should
intensity levels of services require adjustment (shift of emphasis on
particular spending priorities); the discretionary budget in the Vote will be
limited; capital assets and transfers and subsidies budgets to remain at
current levels; and non-essential expenditures will have to be reduced and
redirected towards core functional activities.
The Department further reported that
reprioritisation was performed to sustain current funding levels in the Vote,
especially the Compensation of employees budget. In terms of the Compensation
of employees budget R400 million will be diverted from the Goods and services
budget baselines to that of Compensation (annually over the medium term), creating
spending pressures.
(2) In addition, the Department submitted that
cuts to the MTEF baseline (1% in 2013/14; 2% in 2014/15 and 3% in 2015/16)
would impact adversely on Compensation of employees resulting in a total staff
reduction of 17 428 personnel which is reported as ‘obviously unrealistic
and not viable’.
(3) The Department acknowledged that Treasury
guidelines have stated that no additional funding will be allocated during this
MTEF cycle. However, they have noted areas that require additional funding
including:
-
New salary dispensation for Police;
-
Additional funding to sustain staffing levels of at least 197 930;
-
Grade progression for Constable to Sergeant;
-
Certain Pension fund liabilities to the Government Employees Pension
Fund (GEPF);
-
Increases in fuel and oil;
-
Strengthening capacity to perform Operational Response Services
(including Public Order Policing);
-
Enhance Visible policing;
-
Specialised training equipment for Protection and Security Services; and
-
Mega capital infrastructure projects including a new forensic laboratory
in Pretoria.
3
Audit findings for 2011/12
The Department of Police received an unqualified audit
report with findings. Key findings included:
·
Reliability of information: The AG made two material findings. (1) Reporting indicators reported on
via the Case Administration System (CAS) in the Visible Policing Programme had
an inadequate audit trail to verify the completeness thereof. (2) Reporting indicators
in the Visible Policing Programme were not complete.
·
Compliance with laws and regulations: The Department did not maintain an effective, efficient
and transparent system and internal controls in certain instances regarding
performance management, which described and represented how the Department’s
process of performance planning, monitoring, measurement, review and reporting
would be conducted, organised and managed.
·
Internal control: Commanders at station level responsible for Visible Policing did not
exercise oversight responsibility over reporting on predetermined objectives to
ensure that entries occurred, were authorised and were captured (i.e. that
reported information was complete). Commanders at provincial level did not
exercise oversight ensuring adherence to internal controls, policies and
procedures with regards to predetermined objectives and for the purpose of
taking corrective actions.
·
Investigations: The Public Protector conducted two investigations regarding a building in
Pretoria and a building in Durban in 2011. At 31 March 2012, the Department
included the building in Pretoria as a contingent liability. The Department of
Public Works confirmed that there was no lease contract for the Durban
building.
·
Supply Chain Management: It was indicated that there is a disjoint when entering into contracts
with the SAPS not protecting their own interests. Suppliers are usually
benefitting more out of a contract entered into with the SAPS. SCM use a
standard contract but with mandatory requirements in a contract it does go
through a process via the Bid Adjudication Committee (BAC). Additionally, a
seeming lack in support rendered to SCM from the Legal Services unit was
indicated. It is suggested that the SAPS should significantly strengthen the
legal unit’s involvement when contracts are entered into.
·
Information Technology: The AG recommended that the Department should approve and implement an
IT governance framework, that the effectiveness of IT systems should be monitored
and that the integration of IT systems to be actively pursued.
The Department reported that steps will be
taken to address the findings made by the Auditor-General.
4
Overview of the Strategic and
Operational environment of the Department of Police
Outcomes based Approach and
the 2010 – 2014 Strategic Plan: The Government has set itself twelve
performance outcomes to measure the impact of service delivery and ensure that
there is value for money. The third outcome broadly relates to the Justice,
Crime Prevention and Security (JCPS) cluster, in particular the Department of
Police. That outcome relates to ‘safety’, and it seeks to ‘ensure that all
people in South Africa are, and feel, safe’. Although safety is largely about
perceptions, there are tangible and quantifiable indicators that would reflect
its attainment. This can be achieved by addressing the overall levels of crime,
which would require especially a reduction in the levels of contact and
trio-crimes. The following outputs have been outlined as milestones to be achieved
in order to signify progress towards the attainment of safety:
·
Output 1: address overall levels of crime and
reduce levels of contact and trio crimes (which includes house robbery,
business robbery and hijackings)
·
Output 2: improve the effectiveness and ensure the
integration of the criminal justice system.
·
Output 3: combat corruption in the criminal justice
system cluster.
·
Output 4: manage the perceptions of crime among the
population and investors.
·
Output 5 and 6: safeguard and secure the borders of
South Africa and secure the identity and status of citizens
·
Output 7: integrate ICT systems and combat cyber
crime
In line with the pursuit of the third outcome (safety), the Department’s
2010 - 2014 strategic plan specifies four operational priorities for the medium
term, which include:
-
crime prevention,
-
investigation of crime,
-
support to the investigation of crime, as well as
-
crime intelligence.
Changes to the 2010 Annual
Performance Plan: Key changes made to the 2011/12 Plan in comparison
with the 2010/11 Annual Performance Plan, in term of new targets included, was:
Programme 1: Administration - New targets:
Programme 2: Visible Policing - New targets:
Programme 3: Detective Services - New targets:
Programme 4: Crime Intelligence – New targets:
No new targets were reported.
Programme 5: Protection and Security Services - New targets:
Key operational
achievements: The key
operational achievements for 2011/12 were reported as follows:
·
Confiscation of firearms and ammunition: The South
African Police service confiscated a total of 25,615 firearms and 264,720
rounds of ammunition.
·
Illicit drugs and alcohol: The SAPS confiscated 137, 935,
509kg cannabis and 630,589 cannabis plants, 127,680 mandrax tablets; 44,571kg
cocaine, 107,418kg of crystal meth (Tik-tik), 15,294kg whoonga, 21,816 kg
nyaope and more than a million litres of liquor. A total of 16 clandestine drug
laboratories was detected and closed.
·
Partnerships: Increase in partnerships with
the community as well as role-players in the fight against crime.
·
Detective services: Achieved 78.9% of predetermined
performance targets.
·
Rural safety: Gains were made in improving
rural safety through the implementation of the Rural Safety Strategy.
·
Police facilities and contact
points: A total
of 16 police facilities were completed in 2011/12.
·
Service delivery inspections: A total of 1,368 service
delivery inspections were conducted.
5
Performance Information for each
Programme in 2011/12
5.1
Programme 1: Administration
The Administration programme is responsible for the
development of policy, provision of administrative support, as well as the
management of the Department.
The table below indicates the budget allocated
for Programme 1 in 2011/12:
Adjusted
Estimates (R’000) |
Virement
(R’000) |
Final
Appropriation (R’000) |
Actual
Expenditure (R’000) |
Variance (%) |
20 372 200 |
(583 045) |
19 789 155 |
19 263 922 |
(2,9%) |
Source: SAPS 2011/12 Annual Report, p. 6
Programme 1: Administration received a final appropriation
of R19,789 billion in 2011/12, of which the Department realised an actual
expenditure of R19, 263 billion. This left R525,233 unspent (2.9% variance).
The Division: Supply Chain Management realised under-spending in respect of
clothing and capital works, and Technology Management Services in respect of
TETRA (Eastern Cape). Additionally, the network and hosting upgrade programme
together with the development of the Firearm System also under-spent.
The following table highlights performance on selective
targets for 2011/12:
Performance
Indicator |
Baseline
2009/10 |
Actual
2010/11 |
Target
2011/12 |
Actual
2011/12 |
Percentage of learners declared
competent upon completion of their training ito the Training Provisioning
Plan (TPP) |
88,1% (231 205 members
trained and 203 791 declared competent upon completion of training) |
90,2% (178 870 members
trained and 161 350 members declared competent) |
Maintain 88% (152 137 members
will be trained of which 11 189 will be developed as detectives) |
TARGET ACHIEVED 200 657 attended training and
180 900 (90,2%) members were declared competent. 11 583 attended
detective training courses. |
Compensation expenditure vs.
operational expenditure |
71/29% |
73/27% |
Maintain the expenditure ratio of
not more than 71/29% for compensation/operational expenditure |
TARGET NOT ACHIEVED 73,2/26,8% |
|
|
|
70% of police facility projects
completed |
TARGET ACHIEVED 72,7% police facility projects
completed (16 from a total of 22) |
|
|
|
90% capacity projects completed |
TARGET NOT ACHIEVED 30,6% capacity projects were
completed in 2011/12 (52 of 170) |
Percentage planned development,
sustainability and implementation of systems |
- |
An average of 75,7% of IS/ICT
projects completed |
70% of IS/ICT annual funded
projects completed. |
TARGET NOT ACHIEVED An average of 54,5% IS/ICT annual
funded projects completed in 2011/12. |
Number of service delivery
inspections conducted at cluster and station level |
580 service delivery inspection
conducted |
New indicator in 2011/12. |
Conduct 600 service delivery
inspections. |
TARGET ACHIEVED 1 368 service delivery
inspections were completed |
Source: 2011/12 SAPS Annual Report
Programme 1: Administration identified a total of 10
predetermined targets for 2011/12. Of the 10 targets, 6 were achieved, which
represents a success rate of 60 per cent of its predetermined targets. Thus, 4
out of the total of 10 predetermined targets were not achieved. Reported
challenges for 2011/12 included:
·
Cost of living
increases and funds diverted from operational expenditure to compensate for
employees for expenses regarding the local government elections, events and
permanent appointment of cleaners;
·
Inadequate capacity to monitor capacity projects coupled with
non-responsive bidders, poor performance of service providers and reliance on
the DPW for project execution;
·
A number of challenges were reported pertaining to under-achievement in
targets set for IS/ICT projects, mostly tenders and contracts not awarded or
signed in time and shortage of SITA programmers (sexual offences register)
5.2
Programme 2: Visible Policing
The purpose of the
Visible Policing Programme is to enable police stations to institute and
preserve safety and security, and provide for specialised interventions and the
policing of South Africa’s borders.
The table below indicates the
budget allocated for Programme 2 in 2011/12:
Adjusted
Estimates (R’000) |
Virement
(R’000) |
Final
Appropriation (R’000) |
Actual
Expenditure (R’000) |
Variance (%) |
24 493 196 |
268 777 |
24 761 973 |
24 767 973 |
1,0% |
Source: SAPS 2011/12 Annual Report, p. 6
Programme 2: Visible Policing received a final
appropriation of R24,761 billion in 2011/12, of which the Department realised an
actual expenditure of R24,767 billion. This represents an over-spending of 1.1%
on its allocated budget due to spending pressures experienced in the
compensation of employees budget in this programme (sub-programme Crime
Prevention). This budget shortfall was funded from the provision for medical
support under Programme 1. The aforementioned requires an adjustment to the
baseline in compensation of employees in this programme. Due to the increase in
fuel and oil, goods and services, the Sub-programme: Specialised Interventions,
overspent on the allocated funding.
The following table highlights performance on selective
targets for 2011/12:
Performance
Indicator |
Baseline
2009/10 |
Actual
2010/11 |
Target
2011/12 |
Actual
2011/12 |
Sub-programme: Crime Prevention |
||||
Reduce the number of reported
serious crimes by 2% |
2 121 887 |
2 071 487 |
2 079 449 |
TARGET NOT ACHIEVED 0.8% decrease |
Reduce the number of contact
crimes by 4-7% |
676 445 |
638 468 |
Between 649 387 and 629 093 |
TARGET NOT ACHIEVED 2.3% decrease |
Reduce the number of trio crimes
by 4-7% |
47 222 |
42 183 |
Between 45 333 and 43 916 |
TARGET NOT ACHIEVED Overall trio-crimes increased from
42 183 to 42 192 in 2011/12 compared to 2010/11. |
Reduce the number of reported
serious crimes within the rural environment by 2% |
- |
New indicator in 2011/12 |
Reduce by 2% |
TARGET ACHIEVED Decreased by 25% |
Increase the number of recoveries
as a result of policing by focusing on: |
||||
Stolen and lost firearms by 3% |
7 376 |
7 888 |
7 597 |
TARGET ACHIEVED 8 744 stolen and lost
firearms with serial numbers recovered |
Liquor by 10% |
1 524 584lt |
1 219 215,643lt |
1 677 042lt |
TARGET NOT ACHIEVED 1 096 694,944lt |
Increase the recovery of state
owned firearms by 3% |
1 261 |
New indicator in 2011/12 |
1 298 |
TARGET NOT ACHIEVED 358 |
Reduce the incidence of: |
|
|
|
|
Stolen/lost firearms by 3% |
11 982 |
9 427 |
11 622 |
TARGET ACHIEVED 9 105 |
Closing of illegal unlicensed
/illegal liquor premises by 100% |
13 456 |
18 883 |
100% |
TARGET ACHIEVED 92 929 |
Reduce the number of escape
incidents from police custody by 50% |
602 |
478 |
301 |
TARGET NOT ACHIEVED 810 escapes |
Finalise outstanding applications
for firearm licenses, permits, authorisation and renewals. |
- |
New indicator in 2011/12 |
100% of backlog finalised by 31
July 2011 |
TARGET ACHIEVED |
New applications for firearm
licences. |
- |
New indicator in 2011/12 |
Applications finalised within 90
working days |
TARGET NOT ACHIEVED |
Source: 2011/12 SAPS Annual Report
Programme 2: Visible Policing identified a total of 20
predetermined targets for 2011/12. Of the 20 targets, 12 were achieved
representing a success rate of 60 per cent on its predetermined targets. Thus,
8 out of the total of 20 predetermined targets were not achieved, which
represents 40 per cent of targets not achieved. Reported challenges for 2011/12
included:
·
In terms of the
increase in the number of escapes from police custody it was reported that
policies and procedures are not being adhered to and that the infrastructure at
various holding facilities are inadequate to hold detainees.
·
The recovery of
state owned fire-arms is made difficult as the identity marks on these firearms
are filed off.
5.3
Programme 3: Detective Services
The purpose of the
Detective Services Programme is to enable the investigative work of the South
African Police Service, including providing support to investigators in terms
of forensic evidence and the Criminal Record Centre.
The table below indicates the budget allocated
for Programme 3 in 2011/12:
Adjusted
Estimates (R’000) |
Virement
(R’000) |
Final
Appropriation (R’000) |
Actual
Expenditure (R’000) |
Variance (%) |
9 923 529 |
336 323 |
10 259 852 |
10 167 669 |
3,4% |
Source: SAPS 2011/12 Annual Report, p. 128
Programme 3: Detective Services received a final
appropriation of R10,259 billion in 2011/12, of which the Department realised an
actual expenditure of R10,167 billion, which represents variance of 3.4% on its
allocated budget. The Sub-programme: Crime Investigations realised an
under-spending, mainly under compensation of employees, due to overall spending
pressures experienced in the compensation of employee’s budget. Machinery and
equipment overspent due to significant investment in transport assets for the
detectives during the year under review.
The following table highlights performance on selective
targets for 2011/12:
Performance
Indicator |
Baseline 2009/10 |
Actual
2010/11 |
Target
2011/12 |
Actual
2011/12 |
Sub-programme: Crime Investigation |
||||
Detection rate for contact crimes,
contact-related crimes, property-related crimes, crimes dependent on police
action for detection and other serious crimes. |
46,16% (1 108 674) |
51,84% (1 092 861) |
Detection rate of between 46-65% |
TARGET ACHIEVED 53.41% (1 134 355) |
Percentage of court ready case
dockets for contact crimes, contact-related crimes, and property-related
crimes, crimes dependent on police action for detection and other serious
crimes. |
- |
30,84% (155 933) |
3% increase on the baseline
determined for 2010/11 |
TARGET ACHIEVED 41,17% (249 879) |
Detection rate for contact crimes |
59,62% |
56,99% (445 123) |
Detection rate of between 60-65% |
TARGET ACHIEVED 60.66% (449 575) |
Percentage of court ready case
dockets for contact crimes |
- |
32,24% (70 543) |
3% increase on the baseline set
for 2010/11 |
TARGET ACHIEVED 50,23% (109 702) |
Detection rate for trio crimes |
14,31% (10 841) |
16,02% (10 900) |
18,25% (15 108) |
TARGET ACHIEVED 20,98% (12 602) |
Percentage of court ready case
dockets for trio crimes |
- |
37,74% (4 815) |
3% increase on the baseline
determined for 2010/11 |
TARGET ACHIEVED 56,69% (8 395) |
Detection rate for crimes against
women (18 years and above). |
71,92% (162 833) |
71,20% (159 440) |
Detection rate of between 71-75% |
TARGET ACHIEVED 75,76% (158 870) |
Percentage of court ready case
dockets for crimes against women (18 years and above). |
- |
34,85% (26 922) |
3% increase on the baseline
determined for 2010/11 |
TARGET ACHIEVED 53,59% (36 545) |
Detection rate for crimes against
children (under 18 years). |
66,27% (45 006) |
77,42% (52 672) |
Detection rate of between 66-70% |
TARGET ACHIEVED 69,71% (45 186) |
Percentage of court ready case
dockets for crimes against children (under 18 years). |
- |
21,66% (12 549) |
3% increase on the baseline
determined for 2010/11 |
TARGET ACHIEVED 51,27% (18 418) |
Sub-programme: Specialised Interventions |
||||
Percentage of court ready case
dockets for fraud and corruption by individuals within the JCPS Cluster |
- |
New indicator in 2011/12 |
3% increase on the baseline
determined for 2010/11 |
TARGET ACHIEVED 35,4% |
Percentage of court ready case
dockets for serious commercial crime-related charges |
- |
25,6% |
Court ready case dockets of
between 30-40% |
TARGET ACHIEVED 50% |
Number of serious commercial
crime-related cases investigate where officials are involved in procurement
fraud and corruption related cases |
- |
New indicator in 2011/12 |
50 investigation initiated |
TARGET ACHIEVED 57 cases investigated |
Sub-programme: Forensic Science Laboratory |
||||
Percentage of case exhibits
(entries) processed within 28 working days |
86% (189 569 from a total of
220 429) |
94% (297 955 from a total of
318 665) |
92% of case exhibits processed
within 28 days |
TARGET NOT ACHIEVED 77,39% (248 202 from a total
of 320 729) |
Source: 2011/12 SAPS Annual Report
Programme 3: Detective Services performed second best of
the programmes of the Department of Police. A total of 19 targets were
predetermined for 2011/12. Of the 19 targets, 15 were achieved representing a
success rate of 78.9 per cent on its predetermined targets. Thus, 4 out of the
total of 19 predetermined targets were not achieved, which represents 21 per
cent of targets not achieved. Reported challenges for 2011/12 included:
·
State
prosecutors decide which cases to place on the court roll.
·
The workload of
the FSL increased by 67% from 66 375 in 2010/11 to 111 068 in
2011/12.
·
Vehicle
shortages in Stock-theft investigation units.
5.4
Programme 4: Crime Intelligence
The purpose of the
Crime Intelligence Programme is to manage crime intelligence and analyse crime
information, and provide, technical support for investigations and crime
prevention operations.
The table below indicates the
budget allocated for Programme 4 in 2011/12:
Adjusted
Estimates (R’000) |
Virement
(R’000) |
Final
Appropriation (R’000) |
Actual
Expenditure (R’000) |
Variance (%) |
2 194 823 |
(10 166) |
2 204 989 |
2 204 989 |
0,5% |
Source: SAPS 2011/12 Annual Report, p. 6
Programme 4: Intelligence received a final appropriation of
R2,204 billion in 2011/12, of which the Department realised an actual
expenditure of R2,204 billion.
The following table highlights performance on selective
targets for 2011/12:
Performance
Indicator |
Baseline
2009/10 |
Actual
2010/11 |
Target
2011/12 |
Actual
2011/12 |
Sub-programme: Crime Intelligence Operations |
||||
Number of network operations
resulting from intelligence files |
24 368 |
24 384 |
26 805 |
TARGET ACHIEVED A total of 49 019 network
operations were conducted in 2011/12 |
Sub-programme: Intelligence and Information Management |
||||
Number of crime intelligence
products relating to: Operational analysis reports Strategic analysis reports |
234 231 |
317 976 |
253 782 |
TARGET ACHIEVED Operational analysis reports:
353 628 Profiles: 110 033 Intelligence analysis reports:
137 228 Communication analysis reports:
15 388 Communication interception
analysis reports: 8 299 Station and cluster crime threat
analysis: 82 680 Strategic analysis reports:
281 904 Statistical reports: 281 886 Research reports: 18 |
Source: 2011/12 SAPS Annual Report
Programme 4: Crime Intelligence performed best of the
programmes of the Department of Police. However, the programme only identified
2 targets for 2011/12, which were both achieved.
5.5
Programme 5: Protection and
Security Services
The purpose of the
Protection and Security Services Programme is to provide protection and
security services to al identified dignitaries and government interests.
The table below indicates the budget allocated
for Programme 5 in 2011/12
Adjusted
Estimates (R’000) |
Variance
(R’000) |
Final
Appropriation (R’000) |
Actual
Expenditure (R’000) |
Variance (%) |
1 566 789 |
(32 221) |
1 534 568 |
1 534 568 |
(1,9%) |
Source: SAPS 2011/12 Annual Report, p. 128
Programme 5: Protection and Security Services received a final
appropriation of R1,534 billion in 2011/12, of which the Department realised an
actual expenditure of R1,534 billion at the end of 2011/12.
The following table highlights performance on selective
targets for 2011/12:
Performance
Indicator |
Baseline
2009/10 |
Actual
2010/11 |
Target
2011/12 |
Actual
2011/12 |
Sub-programme: VIP Protection Services |
||||
Percentage of security provided in
relation to security breaches |
100% protection provided without
breaches. |
99,99% protection provided with
one security breach |
100% protection provided without
breaches. |
TARGET NOT ACHIEVED 99,99% |
Sub-programme: Static and Mobile Security |
||||
Percentage of security provided in
relation to security breaches |
98,98% protection provided with 13
security breaches |
99,9% protection provided with 8
security breaches |
100% protection provided without
breaches. |
TARGET NOT ACHIEVED 99,99% |
Sub-programme: Government Security Regulator |
||||
Percentage of identified strategic
installations audited |
75% (157 from 207) |
51,7% (107 of 207) |
50% (113 of 227) |
TARGET ACHIEVED 61% (138 of 227) |
Percentage of National Key Points
evaluated |
83,3% (130 from 156) |
99,4% |
98% (171 of 175) |
TARGET ACHIEVED 98% (171 of 175) |
Percentage of advisory reports
compiled in relation to requests received. |
88% (321 from 365) |
New indicator in 2011/12 |
95% |
TARGET ACHIEVED 99% (146 of 147) |
Source: 2011/12 SAPS Annual Report
Programme 5: Protection Services predetermined a total of 5
targets for 2011/12. Of the 5 targets, 3 were achieved representing a success
rate of 60 per cent on its predetermined targets. Thus, 2 out of the total of 5
predetermined targets were not achieved, which represents 40 per cent of
targets not achieved. One challenge was reported for 2011/12, which was:
·
Non-compliance
to standard operational procedures which led to one breach in security (VIP
Protection and Static Protectors).
6
Civilian Secretariat for Police
The Secretariat derives its
mandate from the Constitution and the Civilian Secretariat for Police Service
Act No 2 of 2011. Section 208 of the Constitution states that a Civilian
Secretariat for the Police should be established by national legislation to
function under the direction of the Minister of Police and under the Civilian
Secretariat for Police Service Act, the Secretariat will become a designated
department with the Secretary for Police as the Accounting Officer. The
Secretariat was still functioning as a cost centre under the Administration
Programme (Programme 1) of the SAPS in 2011/12.
Strategic
Objectives for 2011/12
The Secretariat identified the following strategic
objectives for 2011/12:
·
To provide quality, timeous evidenced-based strategic research and
policy advice to the Minister.
·
To play an activist and interventionist role with regard to civilian
oversight of the Police.
·
To develop and contribute to a global view on police practices and
methodologies.
·
To develop and build strategic partnerships in the fight against crime.
·
To strengthen the national dialogue and relationships on safety and
crime prevention.
·
To initiate policy driven legislation on policing and security matters.
·
To perform any other functions as may be determined by the Minister.
Financial performance in
2011/12: According
to Annexure B of the 2011/12 Annual Report, the Secretariat spent 76% (R31.9
million) of its actual budget of R41.7 million in 2011/12 and there was an under spending of R9.8 million. The amount of R14.2
million was allocated to Programme budget and R27.5 million to Personnel
budget. The largest expenditure was in the Office of the Secretary with the
expenditure of R1.7 million during the last quarter of 2011/12, followed by
Corporate Services with an expenditure of R1.3 million. The lowest expenditure
was recorded in Programme 4: Partnerships, that is R127 000.
Unauthorised,
Fruitless and Wasteful and Irregular expenditure: The Secretariat did not
record any spending in these categories of expenditure.
Budget allocation for 2012/13: The budget allocation for 2012/13 increased
from an adjusted budget of R41,771 million in 2011/12 to R63,267 million i.e.
an increase of 52.2%.
Spending
in the 1st quarter of 2012/13: The Secretariat recorded a
significant under-expenditure on its total allocated budget in the 1st
quarter on 2012/13, spending only 15% of its allocated budget at the end of
June 2012. This is significantly below the 25% benchmark set by Treasury. The
late finalisation of the newly established organogram of the Secretariat
attributed to the Secretariat spending only 12% of its personnel budget in the
1st quarter.
Financial
needs for 2013/14: According to the indicative medium term baseline
allocations, a total of R77, 719 million is allocated to the Civilian
Secretariat for Police for 2013/14 (growing to R78,262 million in 2014/15 and
R83,701 million in 2015/16). Of this total amount, R64,415 million is allocated
to the Administration programme (R1,932 million to the Office of the Secretary;
R1,518 to Legislation; R6,740 to Corporate Services; R54,225 to Personnel). In
terms of the remainder of the programmes, Policy and Research is allocated a
total R1,271 million; Monitoring and Evaluation is allocated R8,798 million;
and Partnerships are allocated R3,235 million.
Performance per
programme: The
Secretariat achieved a majority of predetermined targets as set for 2011/12
(191 out of a total of 226 - 84%) and thus faired reasonably well. However, it should
be clearly stated that many targets were vastly over-achieved and various
strategic targets were not achieved, which inflates the success rate of targets
achieved. The most noticeable targets achieved, not achieved or over-achieved
per programme, includes:
·
Programme 1: Administration: None of the four Heads of
Secretariat meetings were convened because all Provincial Secretariats are not
yet established.
·
Programme 2: Policy and
Legislation: Only two
of the four targeted reports on policy arising from Monitoring and Evaluation recommendations
were achieved. In terms of targets set for drafting of legislation: Only one of
the four bills was finalised and submitted to Parliament.
·
Programme 3: Monitoring and Evaluation: Sub-programmes Service Delivery
and Performance Audit achieved 174 out of 120 (145%); Policy Compliance
achieved 8 out of the 14 planned (57%); Provincial Coordination achieved 52 out
of 33 targets set (158%); and Monitoring and Evaluation achieved 234 out of 167
targets set (140%). Programme 3 contains most of the over-achieved targets.
·
Programme 4: Partnerships: In terms of the training
programme developed and implemented for officials implementing Community Safety
Forums (SCF) at national and provincial level, ten were targeted and only four
were achieved. Additionally, the revised Community Policing Forum (CPF)
guideline to be implemented at National and Provincial, a target of 10 were
determined and none was achieved.
7
Observations of the Committee
7.1
Committee observations: Civilian
Secretariat for Police
The Committee thanked the
Secretariat for participating in the Annual Report oversight process, even
though they are not yet a designated department. It was further noted that this
is a good exercise for the Secretariat for when they become a designated
department.
Staff
establishment: The
remaining vacancies in the Secretariat need to be filled as a matter of urgency
as it is a new establishments and posts may be taken away through National
Treasury Regulation (PMFA) if not filled. The Secretariat stated that they are
engaged with two employment agencies to fill the vacancies. The agencies will
conduct selection and pre-screening process. The Secretariat further stated
their commitment to fill the remaining vacancies.
Designated
department: The
Committee questioned whether the Secretariat will be ready to become a
designated department in the next financial year. The Secretariat stated that
they would be ready in 2015/16. Members of the Committee expressed their
dissatisfaction with the fact that the Secretariat will not be ready to
function as a designated department in 2014/15 as the Secretariat previously
assured the Committee.
Financial management: The Committee
questioned the adequacy of the financial management system of the Secretariat.
The Secretariat indicated that they are currently using the same system as the
SAPS as recommended by the Auditor-General and that they are able to produce monthly
financial reports.
Programme 1:
Administration
·
Subsistence and Travel Policy: Members of the Committee
questioned the revised Subsistence and Travel (S&T) policy of the
Secretariat and how it differs to the policy used by the SAPS as it is based on
this policy. The Secretariat indicated that the policy was amended to ensure a
greater degree of equality between all staff on different salary levels when
travelling.
·
Establishment of provincial
secretariats: The
Committee expressed concern about the slow establishment of Provincial Secretariats
and the subsequent under-achievement of the target to convene Heads of
Secretariat meetings, as four were planned and none were achieved. The
Secretariat indicated that seven out of the nine possible Provincial
Secretariats have been established and that the Western Cape and Free State secretariats
are not established. It was further stated that progress on the establishment
of these remaining offices are now a standing agenda item on MINMEC
meetings.
Programme 2:
Partnerships
·
Resourcing of Community Police Forums
(CPFs): The
Committee expressed concern regarding the lack of consensus on resourcing of
CPFs and the corrective measures taken by the Secretariat and whether CPFs are
still regarded as a crucial partner in the fight against crime.
·
Community Safety Forum (CSF)
targets: The
Committee noted with concern that the planned targets set for CSFs were not
achieved in 2011/12. The Secretariat indicated that the CSF Policy has been
implemented and that the Secretariat will brief the Committee on progress at a
date to be determined.
·
Intergovernmental plan on stock
theft and small business robberies: Members of the Committee questioned the
functionality of the intergovernmental plan on stock theft and robberies at
small businesses. The Secretariat stated that working groups in cross-border
crimes have been reorganised and progress has been made in the implementation
of the plan. The Secretariat further stated that the draft strategy on
assisting small businesses against robberies has been finalised and a pilot
project completed between the Secretariat and Business Against Crime South
Africa (BACSA). The Committee stated that the Committee should be recognised as
a partner when policy is developed and that the Secretariat should recognise this.
Programme 3:
Policy and Legislation
·
Legislation: The poor performance in the
achievements in legislation was noted with concern by the Committee. The
Secretariat stated that they will reprioritise targets set for legislation as
they are struggling with capacity constraints. The Secretariat committed itself
to complete all outstanding legislation by the end of the current calendar
year.
Programme 4:
Monitoring and Evaluation
·
Monitoring and Evaluation Database:
Concern was
expressed at the under-achievement recorded in the development of the
Monitoring and Evaluation Database. The Secretariat noted developmental problems
experienced with SITA and stated that the development of the M&E Database
was put on open tender and will be fully implemented at the end of the 2012/13
financial year.
·
Integrated Justice System (IJS)
and Criminal Justice System (CJS) revamp projects: The Committee stated that the Secretariat
should pay closer attention to the implementation of IJS and CJS revamp
projects by SAPS in fulfilling their role as a partner of the JCPS Cluster.
·
Independent Police Investigative
Directorate (IPID) Recommendation: The Committee expressed concern at the apparent
lack of adherence to recommendations made by IPID to the SAPS. The Secretariat
stated that it has now implemented channels to facilitate the recognition of
recommendations as well as monitoring of progress made on the implementation of
recommendations made by IPID.
·
Compliance to the Domestic
Violence Act (DVA): The Secretariat will have the first report on DVA compliance available
at the end of October 2012. It was further stated that a reporting template was
developed and the report will be published jointly with the SAPS. It will consist
of two parts, one on the implementation of the Act produced by the SAPS and the
second on findings and recommendations made by the Secretariat.
7.2
Committee observations: Department
of Police (SAPS)
7.2.1
Consideration of financial
issues
The following are key observations of the
Committee with regard to the financial performance of the Department for
2011/12:
Under-expenditure: The Department recorded an
under-spending on their allocated budget of 1.1 per cent for the 2011/12
financial year and thus only utilised 98.8 per cent of its total budget. This
left a surplus of R617, 416 million. Of this amount, R525,233 million
remained unspent on the Administration Programme and R92,183 million on the
Detective Services Programme. The Committee expressed concern that this under expenditure
essentially comprised an under-spending on capital infrastructure
(R266 528 million) and on the Criminal Justice System (CJS) revamp
(R350 870 million). The Department stated that the delivery system that
was in place did not deliver and that the non-performance of Contractors is
mainly to blame.
The Department stated that they had met with
the Department of Public Works in order to discuss the under-performance in the
capital works and capacity projects environment to embark on a strategy to
increase service delivery. The Department stated that they requested increased
responsibility from the Department of Public Works in terms of capital works
projects, especially in terms of day-to-day maintenance of police facilities.
The Committee expressed extreme concern at this statement as the Department has
previously stated that they wanted to give back all responsibility in this
environment to the Department of Public Works and that the Committee will not
support this decision before such time as a clear turn-around strategy is
communicated to the Committee explaining the rationale behind this change.
Irregular
expenditure: The
Department was commended on the significant decrease of 98.4 per cent recorded for
irregular expenditure in 2011/12 compared to the previous financial year.
However, concern was expressed at the possible irregular expenditure identified
by the Auditor-General of South Africa (AGSA) in terms of three contracts,
namely: TETRA, Waymark and Black Capital. The Department stated that these
contracts will be investigated and findings reported to the Committee on completion
thereof.
The Committee additionally stated that the
conclusion and findings of the investigation by the Special Investigations Unit
(SIU) on irregular expenditure incurred on procurement irregularities
pertaining to Police Day celebration in the previous two years will be closely
monitored. It is believed that the investigation will be concluded in November
2012 after which a report will be made available.
Fruitless and
wasteful expenditure: The Committee stated their dissatisfaction that only a handful of
personnel responsible for irregular expenditure were charged in disciplinary proceedings,
especially in terms of expenditure on Licence fees. The Department stated that
many other steps, like counselling are first exhausted before steps are taken
against members and that an increased focus is placed on the recovery of
funds.
Contingent
liability: The
Committee expressed concern about the fact that the lease agreement for the Sanlam
Middestad building (Pretoria) remains on the financial statements of the Department
as a contingent liability of R611,692 million. The Department stated that the
Department of Public Works applied for a declaratory order in this lease for
the court to make a ruling on the legality or otherwise of the lease agreement
and that papers have been filed. The Department further stated that the formula
in determining the contingent liability of the Department needs to be restructured
and be brought in-line with other Government Departments.
Virements: Virements made during 2011/12
fell within the 8% allowed for this purpose by National Treasury. However, due
to the large budget of the SAPS, when money is shifted between programmes, the
actual sums involved can be very high, in fact sometimes as high as the total
budget of smaller departments. The Committee has raised this issue in the
previous BRRR, and reiterated this concern.
Over-spending
in Detective Services programme: The Committee expressed concern at the apparent
lack of planning in terms of the over-spending on procurement of vehicles for detectives,
as priority was placed on this programme and as such budgetary provisions
should have been made.
Donor funds: The Committee expressed concern
that none of the available funds in the CARA account were used in 2011/12.
Legal costs: The Committee expressed concern
around the significant increase in legal costs and indicated that this can be
linked to poor discipline on the part of members of the SAPS. The Department
indicated that it is a concern and that correspondence to the State Attorney
has increased. It was further stated that line managers will henceforth be held
responsible for increases in legal costs. The National Commissioner has requested
increased transparency in costs for individual cases from the Attorney General.
It was further stated that the Division: Legal Services will form part of the
restructuring of the Department which will largely address the situation to drive
down the expenditure on legal costs.
7.3
Consideration of performance per
programme
7.3.1
Programme 1: Administration
The Committee welcomed the detail contained in
the 2011/12 Annual Report on various projects, most notably: capital works
projects, capacity projects and information technology projects. Key successes
noted in this programme, for which the Department is commended include:
·
The acknowledgement made by the Department regarding challenges in the ICT
environment and a subsequent turn-around strategy;
·
Priority provisions made for Detectives in terms of capacity building
and training;
·
Decrease in the number of Section 35 terminations and Regulation 45
appointments; and
·
Achievement of a number of key targets, including the improvement in the
ratio of vehicles to personnel.
However, a number of concerns were raised:
Capital works and
capacity projects: The Committee raised serious concern regarding the continuous slow
delivery of capital work projects. Additionally, even though the target was met
in 2011/12 it remained too low (i.e. 70%).
The Committee questioned the rationale used by
the Department when choosing contracts entered into by the Department,
especially concerning Contractors and leases. The Department stated that it
does not have the devolution of function to sign lease agreements and as such
the Department of Public Works sign all lease contracts of the Department of
Police. The state of disrepair of living quarters/barracks of police members
was raised again and the Committee requested concrete commitment from the
Department to improve this situation. The Committee further noted with concern slow
delivery in the completion of capacity projects. The Department stated that an
agreement is currently being developed with the Department of Public Works to
determine a schedule of responsibilities which the Department of Police can
take over, specifically regarding day-to-day maintenance of police facilities.
The Committee requested a briefing on this issue.
Information
technology: The
Committee expressed appreciation for the acknowledgements made by the
Department in that the Technology Management Services (TMS) environment face
many challenges and that some systems are displaying significant failures due
to system weaknesses leading to slow delivery on a variety of IS/ICT projects. Additionally,
the Committee welcomes the commitment by the Department to re-evaluate the
percentage targets assigned to performance indicators in the TMS environment as
it does not measure deliverables adequately.
Firearm competency: The Committee raised concern
regarding the high number of police members not declared competent and asked
what happens to members who continuously fail competency tests. The Committee
also expressed concern that the Department does not report on firearm training
and recommended that the Department should include this in future (as
previously requested). The Committee noted that the Department should
differentiate between the levels of firearms competency of members, as most are
competent in one type of firearm, but not all and that it creates a
misperception of firearm competency of SAPS members. The Department stated that
accredited shooting ranges remains a challenge but that progress is made in
this regard.
Driver
Licences: Members
of the Committee expressed concern regarding the fact that many police members
do not have valid drivers’ licenses, even though it is a requirement to become
a member of the SAPS.
Leave
management: The
Committee noted that the abuse of sick leave was apparent at most stations
visited during oversight tours and that this should be a major concern as it
has significant cost implications for the Department and points towards a
broader institutional problem. The Department stated that a seven year analysis
of sick leave taken shows that the trend is declining, but that it will be
closely monitored. The Committee further
noted the increase in incapacity leave taken by members of the Senior
Management Structure (SMS).
Suspension with
or without pay: The
Committee expressed concern regarding the perception that junior members of the
SAPS often get suspended without salary and conversely that members in the
Senior Management Structure (SMS) get suspended with salary. The Department
stated that this is a perception and that there are strict Regulations governing
these processes. However, the Committee expressed their remaining concern as
these Regulations are still applied with the discretion of the relevant line
manager.
Protective
gear: The Committee
raised concerns regarding what happened to members who get injured while on
duty and did not wear protective gear. The Department stated that it does not
discriminate against any member hurt while performing their official duty,
whether they wear protective gear or not. It was further stated that some types
of protective gear might restrict members in performing their duties. The
Committee requested that the SAPS policy guiding the compensation paid to
families of SAPS members either hurt or killed in the line of duty while not
wearing protective gear, be provided to the Committee.
Capacity of
Internal Audit Division: The Committee welcomed the commitment made by the Department to
increase the capacity and effectiveness of the Department’s Internal Audit Unit
and Auditing Committee. The Committee indicated that strengthening this
division will enable the Department to identify challenges to the governance,
risk management and internal control environments of the Department.
Legal Services:
The Committee
note with concern the escalation in legal costs incurred by the Department in
2011/12 and general poor performance of the Legal Services Division of SAPS
coupled with a general lack of support provided to Programmes when entering
into legal contracts. This issue was also highlighted by the Auditor-General.
The Department stated that it is currently busy with the restructuring of Legal
Services and that it will brief the Committee on this restructuring once
completed.
Towing costs: The Committee noted concern regarding
the escalating spending on towing services as it points to more vehicles
breaking down because of routine maintenance not being done. The Department
stated that it is currently revising the Garage Strategy of the Department and
will address the challenges experienced in maintenance of vehicles.
7.3.2
Programme 2: Visible Policing
Key successes noted in this Programme for which
the Department is commended included:
·
Reduction in the number of reported serious crime within the rural
areas; and
·
Achievements made in safeguarding the South African borderline.
However, a number of concerns were raised:
Reduction of
crime: The
Committee noted its concern regarding the non-achievement of targets set for
the reduction of serious crime, contact crime and trio-crimes.
Loss of state
owned firearms: The
Committee raised numerous concerns around control over firearms by SAPS members,
as well as those kept in SAPS safes at stations. The 886 lost firearms
are only those that have been reported lost of which only 152 were recovered,
which means that 734 firearms are still lost. But it is clear from visits to
stations that there is very little control over SAPS firearms that are booked
in and out. The Committee wanted to know how many of the lost firearms resulted
in criminal proceedings against the members, as well as conditions under which
these firearms were lost. The Committee also asked what the cost implications
are to the Department to replace these firearms and whether costs are recovered
from SAPS members found guilty of losing a firearm as a result of negligence on
the part of the SAPS member. The Department stated that, when a firearm was
lost by a member of the SAPS, a criminal as well as an internal investigation
would ensue. In terms of identifying whether these were used in the commission
of crimes, the serial numbers of many recovered firearms had been filed off, so
they could not be linked to lost firearms. Measures had been put in place to
improve tracing of firearms with other markings.
Escapes from
police custody: The
Committee raised concerns that the target set to reduce escapes from police
custody by 50 per cent was not only not achieved, but actually increased by
more than 50 per cent. A total of 810 escapes from police custody were recorded
in 2011/12, of which the majority of escapes were from Community Service
Centres (CSC), CSC holding cells and police station offices (163 out of 810). The
Committee stated that it is not surprised at this increase as it has found
extremely poor conditions and management of cells in the stations during
oversight visits.
The Department stated that a National Plan with guidelines was issued in
October 2011 to prevent escapes. A mechanism has been created between cluster
departments to address prevention measures. These included improved methods (equipment
that should be used); improving relationship with cluster departments (nature
of the criminal); enhanced practices at hospitals; reducing individual visits
to cells and implementing best practice from other countries. A total of 323
members were charged in terms of aiding escapees, of which 175 was found guilty
and 21 members dismissed. The Department stated that all corrective measures should
be exhausted before a member can be dismissed.
Reservists: The Committee raised concerns
around the long period of time that it is taking to review the reservist system
of the Department. Concerns were also raised about the decrease in the number
of Reservists in the Reserve Police Force (12 433 members) as well as the
fact that reservist are increasingly used as guards at police stations.
Firearm
applications: The
Committee raised serious concerns that, even though it is reported that the
firearms backlog was finalised by the end of August 2011, the set target for
the finalisation of firearms application and renewals was not achieved in
2011/12. The Committee further requested that the Department indicated how many
licences will need to be renewed in the current financial year. The Department
stated that they had appointed dedicated personnel at National level to deal
with the licensing of firearms. It was further stated that the new structure
has been implemented at the Central Firearm Register (CFR) and will be
implemented at Provincial and Station level to ensure proper handling of
firearm applications.
Implementation
of legislation: The
Committee expressed critical concern about the poor implementation of
legislation at station level. The Committee recommended that compliance with
the requirements of all legislation should be included in the Performance
Agreements of Provincial Commissioners. The legislation identified was: (1)
Domestic Violence Act of 1998 (No 116 of 1998), (2) Child Justice Act of 2008,
(Act No 175 of 2008), (3) Criminal Law (Forensic Procedures) Amendment Act,
2010 (Act No.6 of 2010) (Fingerprint Act), (4) Second Hand Goods Act, 2009 (Act
No. 6 of 2009) and (5) Firearms Act, 2000 (Act No. 60 of 2000).
-
Domestic Violence Act: The Committee expressed their
dissatisfaction with the extremely poor implementation of the DVA and lack of
compliance to the requirements stipulated by both the Act as well as the relevant
National Instruction on Domestic Violence. The Committee indicated that the
fact that the Act has been in place for 14 years and still finds lack of
commitment from the SAPS to properly implement it, completely unacceptable. The
Committee also expressed concern regarding the differences in cases of
non-compliance reported by the SAPS and reported by the IPID. It was further stated
that the failure to implement the DVA points towards the general attitude
towards domestic violence displayed by members at station level. The Department
indicated that a National Action Plan was developed and adopted to enhance
compliance on the following issues: consideration of changes to the Act as well
as the National Instruction; enhance training and reporting; and improvement of
first level supervision and monitoring. The Department further stated that it
will brief the Committee on challenges regarding the implementation of the DVA.
-
Child Justice Act: The Committee expressed
concerns regarding clear gaps in the information management system required to
fully implement the Act and provide statistical information. The Department
indicated that the Detection Management System is in process of awaiting the
appointment of a service provider for development.
-
Criminal Law (Forensic
Procedures) Amendment Act (Fingerprint Act): Members of the SAPS are largely unaware of the
existence of this legislation.
-
Second Hand Goods Act: Members raised concern
regarding the fact that the Act was signed into law in 2009 and that the
Department was given grace until May 2012 to development control measures for
implementation, yet the Department has not drafted a National Instruction and
is currently busy developing such. Similarly, the Regulations to the Act are
also not available. The Department have reported previously that members have
received training on the Act, but the lack of the National Instructions and
Regulations means that the training could not have been done properly.
-
Firearms Act: The Committee raised concern
regarding the lack of Designated Firearm Officers (DFOs) at many stations,
coupled with inconsistent adherence to these appointments in light of the fact
that it is a requirement of the Firearms Act. The Committee also stressed their
concern regarding the possibility of creating a new backlog in firearm
applications being captured on the Central Firearm Register (CFR).
Rural Safety
Strategy: The
Committee expressed concern regarding the status and impact of the Rural Safety
Strategy and asked whether it forms part of sector policing. The Department
stated that the Rural Safety Strategy was approved by the Minister of Police
and the National Commissioner during June 2011. The Strategy was officially
launched in the Free State during July 2011. It implemented a Stock Theft Pilot
Project in February/March 2012, which proved successful and will be rolled-out
to other provinces. This comprises a joint implementation between Visible
Policing and Detective Services.
Stock theft: Members of the Committee stated
their concern regarding the slow response time to stock theft and that it should
be improved. Further concern was expressed to the fact that this slow response
time is attributed to lack of vehicles in rural areas. The Department stated
that this will be addressed thought the above mentioned Stock Theft Pilot
Project. The Committee stated that the Department should respond to all crimes
in the same fashion whether it be murder or stock theft.
Victim Support
Rooms (VSRs): The
Committee expressed concern about
the slow delivery of victim support rooms and the poor state of those that do
exist. The Department recognised that facilities used as VSRs such as Wendy
houses deteriorate over time and that in some cases these had to be closed
because of Health and Safety issues. It was reported that 25 victim support
rooms were established in 2011/12 and that 79 park home facilities were ordered
but had to be returned because they did not comply with specifications.
Safety at schools: Members requested an
explanation on the safeguarding of schools, especially regarding illicit drugs
at schools. The Department indicated that they are expanding their Safe Schools
project and that they have signed an agreement with the Department of Education
to create School Safety Committees, through which police stations will be
linked to schools in their areas and will play a pro-active as well as reactive
role in term of crime prevention and reaction to reported criminality.
10111 centres: Members raised extreme concern
regarding the findings made by the AG of the lack of an audit trail linking
calls to the 10111 Centre and case dockets registered on the Case
Administration System (CAS). In addition, the fact that only 42.9 per cent of
stations are linked to the 10111 system means that calls made directly to
stations cannot be quality controlled. The Committee stated that this is not
the first time the AG has made a finding regarding the reliability of
information provided by the SAPS and that it should be addressed.
Illegal liquor: The Committee expressed concern
regarding the fact that more illicit liquor outlets were closed during 2011/12
but that the amount in litres of alcohol confiscated has decreased. The
Department indicated that this is due to a lack of administrative control of
evidence registered in SAPS 13 Stores and needs to be addressed.
Spraying of
dagga on border and mountainous areas: Members of the Committee raised concern
regarding the lack of performance by the Department in the spraying of illicit
dagga grown on South African borders and mountainous areas and asked why this
was not done in 2011/12. The Department stated that while it is committed to
perform this function, it faced challenges regarding its air-wing.
Sector policing:
The Committee
once again raised serious concerns around the relatively slow pace of
implementation and effectively of sector policing across the country, though
recognising that some improvements had been made in this regard. Sector
policing has been a management strategy, since as early as 2002, yet is still
not fully implemented and the Committee expressed concern that the
implementation is showing signs of regression. The Department stated that the
National Instruction 2/2009 was reviewed by National and Provincial
role-players and stated that the biggest challenge regarding the implementation
remains in rural areas due to large geographical areas, which will be addressed
through the implementation of the Rural Safety Strategy. The Department
indicated that Sector Managers should be appointed to effectively address the
implementation of sector policing. Additionally, the Department stated that
Sector Forums should be established which report to Community Policing Forums
(CPFs) and that these structures are not performing optimally. The Department
assured the Committee that the implementation of sector policing, as part of
the Rural Safety Strategy, will be prioritised.
7.3.3
Programme 3: Detective Services
The Committee acknowledged the achievements
made by the Detective Services programme as a result of prioritised
capacitating and commitment to improve. Noticeably, it was agreed that the
achievements made in 2011/12 will be used as base-line targets in coming years.
The Committee also welcomed the inclusion of specific targets (singular
figures) to measure performance of detection rates. Key successes noted in this
Programme for which the Department is commended included:
·
Achievement of many targets, especially detection rates and court ready
case dockets for all serious crimes which increased from 30.84% in 2010/11 to
48.17% in 2011/12 ;
·
Achievements made by the Directorate for Priority Crime Investigation
(DPCI);
·
Establishment of 338 Detective Service Centres across South Africa
available 24 hours every day; and
·
Turn-around in the Forensic Science Laboratories environment.
However, a number of concerns were raised:
Uniformed
branch: Members of the Committee questioned
whether the Department have considered the re-establishment of a uniformed
detective branch to handle routine investigations. The Department stated that
it is currently reviewing all previous specialised units that were closed, and
that this review will include consideration of the Uniformed Detective
Unit.
Detective Court
Case Officers: The Committee expressed concern as
to whether the Detective Court Case Officers are replicating the duties
supposed to be done by Branch Commanders in that they check that case dockets
on the court roll are complete. The Department stated that these officers are
appointed to act as a link/bridge between the Department and the Department of
Justice in terms of the Review of the Criminal Justice System.
Cyber-crime: The Committee questioned whether the Department has
adequate capacity to fight cyber crime, especially properly trained specialists
to deal with the increasing threat posed by cyber crime. The Department stated
that the unit is adequately resourced and a strategy is developed to deal with
cyber-crime.
Conviction rate: The Committee noted that the target set for the conviction
rate for trio-crimes is not very high and should be increased.
Vehicles: The slow delivery of vehicles for Detective Service
Centres was noted as a concern by the Committee. The Department stated that
they have an undertaking from suppliers to deliver all outstanding vehicles on
31 January 2013.
Stolen/lost
dockets: The Committee expressed concern
regarding the high number of case dockets that are lost or stolen coupled with
a lack of disciplinary steps taken against members guilty of losing dockets.
The Department indicated that a quarterly review process was implemented to
address this problem and that not all case dockets reported as lost or stolen
was as result of malicious action. The Department committed itself to provide a
full report and breakdown of the circumstances under which case dockets were
reported as lost or stolen.
Detection rate: The Committee indicated that performance measures for
Detection rates should be improved upon. The Department stated that it started
at a baseline of 19% and currently stands at 53% achievement. It was further
stated that the target is progressive in nature and will grow by 3 or 5% per
annum.
Detective
Service Centre: The Committee questioned on what
basis a police station is identified for the establishment of a Detective
Service Centre and where the 338 centres were established. The Department
indicated that it is dependent on a variety of issues, including the type of
station. The Department committed itself to provide the details on the
locations of the centres together with the criteria for the establishment of
these centres.
Child
pornography: Members of the Committee asked
whether a memorandum of understanding (MOU) has been signed between the
Department and the Film and Publication Board of South Africa (FPB) to address
the threat of child pornography and to effectively combat these crimes. The
Department stated that the MOU has not yet been signed and acknowledged that
seven years has lapsed since the recommendation was made by a Ministerial Task
Team. Progress was requested within a week.
Family
Violence, Child Protection and Sexual Offences (FCS) Units: The Committee questioned whether the number of FCS Units
will be increased. The Department stated that the number of these units will
not be increased, but that the number of investigators in these units will
increase.
Stock theft
unit: The Committee asked whether the 82
stock theft units already established are sufficient to deal with the challenge
faced in rural areas. The Department stated that feasibility studies have been done
to determine where additional units are needed. The establishment of a number
of these additional units have been granted. The locations of the already
established units together with the newly granted units will be made available
to the Committee.
Purification of
wanted person’s database: The Committee
asked whether the wanted persons database has been established in terms of Criminal
Law (Forensic Procedures) Amendment Act, 2010 (Fingerprint Act) and whether the
applicable Memorandums of Understanding (MOUs) have been signed with relevant
role-players like the Departments of Home Affairs, Correctional Services and Transport. The
Department stated that the Department of Justice will take the lead on this
process and that these have not yet been signed. It was further stated that the
Standing Operating Procedures are supposed to be implemented 6 months after the
enactment of the legislation which is on 30 November 2012. The Committee
expressed concern that failure to implement legislation by the Department is a
major concern, in that the Department does not regard legislation as tools to
assist in the fight against crime. The Committee requested a written response
on the MOUs and SOPs within a month and indicated that the Committee will
address a letter to the Minister of Police in this regard.
Backlog in FSL:
National Commissioner requested an
independent audit to be done on this backlog, subsequent to an allegation of
corruption made by police union, POPCRU.
Corruption and
fraud: The Committee stated that the DPCI should
focus on corruption in the public sector as it was identified as a priority of
government. Additionally, it was stated that the DPCI should ensure that it has
adequate funding to fulfil its mandate.
7.3.4
Programme 4: Crime Intelligence
Key successes noted in this Programme for which
the Department is commended included:
·
Achievement of targets in the Crime Intelligence environment.
However, a number of concerns were raised:
Intelligence-driven police
service: The
Committee raised the concern as to whether, at station level, crime
intelligence members were utilised optimally and co-operated effectively with
all others, such as detectives, visible police etc. The Committee is concerned
that this may not be working as effectively as it should at station level,
despite prioritisation of this strategy. The Department said the best performing
police stations were those in which the intelligence officer briefed the
Station Commander each morning and where there was good collaboration with
other members at station level. The Committee was concerned that management was
not taking sufficient steps to address non-compliance with the directives by
management at station level in this regard. The Department stated that crime intelligence-driven policing faces resistance from
members and used experiences recorded in Singapore as an example, in that it took
Singapore 21 years to implement crime intelligence-driven policing.
Spending on
vehicle maintenance: Members of the
Committee raised serious concerns regarding the spending on equipment and
operational expenses, in particular the R37,7 million spent on maintenance and
repairs of vehicles and requested a written response from the Department.
Vetting: Similar to previous years, concern regarding the lack of capacity in
vetting offices was expressed by the Committee and the Department was requested to explain the
strategy put in place to address this situation. The Committee also asked
whether the SAPS only vet internally or whether other departments also request
vetting from them. The Department again stated that they do not have enough
capacity in vetting and that the appointment of 88 vetting staff members will
be completed in January 2013. Additionally, the Department stated that they
only vet internal personnel.
Measurable
targets: The targets were discussed and
Crime Intelligence is considering assigning weights to the reports, in order to
improve the target measurements.
Abuse of Crime
Intelligence vehicles: There is abuse
of vehicles mostly by Secret Service and less so by open account vehicles.
Travel arrangements remain a problem.
7.3.5
Programme 5: Protection and
Security Services
Key successes noted in this Programme for which
the Department is commended included:
·
Achievements achieved in the sub-programme: Government Security
Regulator.
However, a number of concerns were raised:
Code of conduct:
The sometimes disrespectful conduct displayed
by members at Static security points were raised by Members of the Committee as
a concern. The Department stated that there is internal system in-place for
complaints and encouraged Members to make use of such.
Increase of
public complaints against VIP Protectors: The Committee raised concern regarding the increase in public complaints
regarding the disrespectful conduct of VIP Protectors while driving. The
Department indicated that the training of VIP Protectors has been under review
to sensitise Protectors on the acknowledgement of other road users.
Breaches in
security: Members asked whether Standing Operating
Procedures (SOPs) are in place to govern the actions taken by VIP Protectors
when they are found in volatile situations as in the case of the MEC and
Mayor’s vehicle being stoned in the Northern Cape. The Department stated that
these are in place and that strict adherence to them is required from VIP
Protectors.
8
Summary of the Department’s
reporting requirements
The following table provides a summary of the
additional information requested from the Department during the hearings and
other reporting requirements.
Reporting
matter |
Action
required |
Timeframe |
Programme 1:
Administration and Financial Statements |
||
Revision of measurable targets
assigned to projects in the TMS (ICT/IT) environment. |
Briefing |
Before Annual Performance Plan
for 2013/14 is presented to the PCOP. Date to be determined. |
Quantitative analysis and
evaluation of sick leave and incapacity leave taken by personnel. |
Written report |
30 November 2012 |
Restructuring -
Garage Strategy -
Cleaners Strategy -
Maintenance Strategy |
Briefing |
March 2013 Date to be determined – PCOP
Strategic Planning Workshop |
Detailed breakdown on Section
32 Retirements, including cost and motivation for approval. |
Written report |
30 November 2012 |
Detailed breakdown of
Regulation 45 Appointments, including motivations for these. |
Written report |
30 November 2012 |
Request for full details on
capital works project, including starting date (planning and construction),
original budget, cost escalation, intended completion date and actual
completion date. |
Written report |
30 November 2012 |
Strategy regarding the
programme schedule and agreement with the Department of Public Works
regarding the prioritisation of maintenance of police barracks. |
Briefing |
March 2013 Date to be determined – PCOP
Strategic Planning Workshop |
General prioritisation
strategy of the SAPS when stations are identified to be put on the Priority
list for capital work projects. |
Briefing |
March 2013 Date to be determined – PCOP
Strategic Planning Workshop |
Request for full details on
capacity projects, including a detailed list of stations operating without
basic services. |
Written report |
30 November 2012 |
Detailed report on police
members (SAPS Act) still performing administrative duties. |
Written report |
30 November 2012 |
Detailed breakdown of firearm
competency, including the types of firearms declared competent and those not
yet competent |
Written report |
30 November 2012 |
Turnaround strategy for the
improvement on the manner of reporting on training, to include firearm
competency (firearm training) and driver’s licenses. Breakdown of firearm
competency of members according to specific firearms. |
Briefing Written report |
March 2013 Date to be determined – PCOP
Strategic Planning Workshop 30 November 2012 |
Restructuring of Legal
Services Division |
Briefing |
March 2013 Date to be determined – PCOP
Strategic Planning Workshop |
Detailed report on the
escalation of legal costs incurred in 2011/12. Additionally, this report should
include the Regulations guiding the recovery of legal costs from parties
found guilty. |
Written report |
30 November 2012 |
Communicate all organisational
changes regarding the Senior Management Structure (SMS) and policies to the
PCOP. |
Continuous reporting |
Continuous |
Detailed report on firearms
lost and the categories associated with these losses, whether it was
forcefully taken, lost due to negligence and details of actions taken against
members found guilty of negligence. |
Written report |
30 November 2012 |
Policy determining the need
for satellite stations. |
Written report |
30 November 2012 |
Corrective action taken based
on the Report received by the Auditor-General. |
Written response plus briefing |
Date to be determined |
Policy guiding compensation
paid to the family of SAPS members killed while on duty and not wearing any
protective gear, especially bullet-proof vests. |
Written report |
30 November 2012 |
Programme 2:
Visible Policing |
||
Turnaround Strategy on the
improved implementation of legislation clearly stating what the challenges
were in the past and the way going forward. The following should be included:
-
Domestic Violence Act -
Child Justice Act -
Second Hand Goods Act -
Criminal Law (Forensic Procedures) Amendment Act (Fingerprint Act) -
Firearms Control Act (Specifically the lack of appointing a Designated
Firearms Officer at station level as required by the Act). |
Briefing |
March 2013 Date to be determined – PCOP
Strategic Planning Workshop |
Second Hand Goods Act
Regulations |
Written report |
30 November 2012 |
Detailed report on number of
firearm applications received, including the number of queries/complaints
received by the SAPS on applications rejected (general rejections without
providing reasons). The Department is further requested to include the number
of firearm licences coming up for renewal within the current (2012/13) and next
financial year (2013/14). |
Written report |
30 November 2012 |
Budgetary impact of the
revised Resource Allocation Guideline (RAG). |
Written report |
To be determined |
Review of the Resource
Allocation Guideline (RAG) which will form part of the Restructuring briefing
|
Briefing |
March 2013 Date to be determined – PCOP
Strategic Planning Workshop |
Programme 3:
Detective Services |
||
Detailed report on lost/stolen
case dockets, including the circumstances under which these were lost/stolen |
Written report |
30 November 2012 |
Detailed breakdown of vehicles
allocated to each stock-theft unit per province and station. |
Written report |
30 November 2012 |
Full breakdown of stock-theft
units as a total, as well as per province and per station. Include the ideal
number and on what feasibility studies for the establishment of a stock-theft
unit is based. |
Written report |
30 November 2012 |
Progress report on the
Memorandum of Understanding between the SAPS and the Film and Publication
Board of South Africa on Child Pornography. |
Written report |
26 October 2012 |
Progress report on
implementation of the Criminal Law (Forensic Procedures) Act, in terms of appointment
of DFOs. |
Written report |
30 November 2012 |
Detailed report on the
location of the 338 Detective Service Centres already established and the
criteria is for the establishment of a Detective Service Centre. |
Written report |
30 November 2012 |
Progress report on the signing
of MOUs with relevant role-players (departments of Home Affairs and
Correctional Service and Transport) pertaining to the implementation of the
Criminal Law (Forensic Procedures) Act (Fingerprint Act), together with
progress on the development of the SOPs for the implementation of the
Act. |
Written report |
30 November 2012 |
Programme 4:
Crime Intelligence |
||
High expenditure on vehicle
maintenance (R37 million). |
Written report |
19 October 2012 |
Detailed report on the
capacitating of ground coverers (part of Restructuring strategy). |
Briefing |
March 2013 Date to be determined – PCOP
Strategic Planning Workshop |
Programme 5:
VIP Protection and Security Services |
||
None |
- |
- |
Civilian Secretariat for Police |
||
Detailed staffing pan for the
remaining 34 posts of the new organisational structure of the
Secretariat. |
Written report |
19 October 2012 |
Detailed report on progress
made in training of staff |
Written report |
19 October 2012 |
Detailed report on the number
of bursaries awarded to staff, including the pass rates achieved in courses,
the duration of courses and number of staff continuing. |
Written report |
19 October 2012 |
Implementation plan for the
establishments of Provincial Secretariats |
Written report |
19 October 2012 |
Details on the establishment
of Community Policing Forums (CPFs) and Community Security Forums (CFSs) |
Briefing |
Date to be determined |
Progress report on the revised
Reservist Policy |
Written report |
19 October 2012 |
Compliance Reports on the DVA |
Written report |
30 October 2012 |
Report on the compliance to
the implementation of recommendations to the IPID and SAPS made by the
Secretariat |
Written report |
19 October 2012 |
9
Recommendations relating to
requests for movement of funds (virement) for the 2012/13 and funding made for
the MTEF and additional issues
9.1
Prior Budgetary Review and
Recommendation Reports (BRRRs) - SAPS
The following section provides an overview of
recommendations made regarding the 2010/11 Annual Report of the Department of
Police. The first part contains recommendations adhered to by the Department in
2011/12 and the second to standing issues consistently raised by the Committee:
Recommendations adhered to:
·
The budget of the Department is adequate for their needs. The issue is
not inadequate funding, but rather the more effective utilisation of existing
funds. It was recommended that the
Department needs to note the responsibility that comes with receiving the
biggest budget allocation in the Cluster and should thus use these funds
responsibly.
·
Full forensic investigation into irregular
expenditure.
·
The Committee welcomed the initiative by the Auditor-General’s office to
expand their sample in subsequent years by auditing 25 police station on an
announced basis, as well as (for the first time) five unannounced stations.
·
Detailed information should be reported on in subsequent annual reports
in the following areas:
-
The Committee wanted conviction rates reinserted into the annual
performance plans and the annual reports. While acknowledging the concern of
SAPS that conviction rates are not entirely under the control of the
Department, it is the opinion of the Committee that they still provide a
valuable source of information as to the quality of investigation completed.
The Committee requests that information on: number of cases reported, cases to
court, conviction rates and numbers undetected are all included in the annual
performance plans and annual reports.
·
In terms of Programme 3: Detective Services the Committee recommended
that the Department should prioritise resources, including recruitment to fill
vacant posts, training, vehicles and other resources, such as cell phones and
computers. The Department should present a plan to the Committee on how they
intend to ensure that all detectives are fully trained (have attended ROCC)
within a defined time period.
Reoccurring
issues:
·
The SAPS strategy for combating crimes against women and children
should include clear timeframes, as well as a ring-fenced budget. This
costed strategic plan should be presented to the Committee during the
budget hearings in 2012.
·
The Regulations around the management of SAPS 13 exhibits should be
implemented to the letter. The Committee recommended that the Secretariat
utilises its Monitoring and Evaluation Unit to monitor the management of SAPS
13 Stores at station level and report to the Committee on the result of this
exercise.
·
Regulations around the control of SAPS firearms should be strictly
adhered to. A proper audit should be completed of all firearms at station
level.
·
The Committee has asked before and reiterates that all targets should be
costed and budgeted for and that this information should be provided to the
Committee during the strategic planning process.
·
The Committee recommended closer co-operation between itself and the
Auditor-General’s office, as well as between itself and the other relevant
parliamentary Committees.
·
Detailed information should be reported on in subsequent annual reports
in the following areas:
§
Following the adoption of the SAPS Anti-Corruption Strategy, the
Department should report on:
-
The resources dedicated to the implementation and monitoring of the SAPS
Anti-Corruption Strategy.
-
Numbers of police officials that are dismissed and not dismissed after
being convicted of a criminal offence, including per province.
-
Number of police officials that have criminal charges against them.
§
Loss of departmental firearms: including
-
How these firearms were lost (e.g. negligence, stolen etc.).
-
What action was taken against those responsible?
-
Financial implication of losses.
§
Crime Intelligence: A target indicating the number of cases in which a
conviction was as a direct result of involvement of Crime Intelligence should
be included.
·
Section 35 of the SAPS Act (terminations) should be dealt with strictly
in terms of the spirit of the Act. Information on all Section 35 terminations
awarded during the financial year, including reasons and full costs (including
costs to the pension fund) should be included in the Annual Report. Regulation
45 should be dealt with strictly in terms of the spirit of the Regulation.
These should be reported in the Annual Report and the information should
include the reasons for use of the Regulation, identification of all vertical
appointments and lateral entry appointments; and for each case identify the
reason used to justify this. The Committee will review these two issues in the
process of reviewing the SAPS Act.
·
The clusters are not adequately fulfilling their strategic management
role in terms of stations and the provinces are not adequately fulfilling their
strategic management role in terms of stations and clusters. The Department should
report to the Committee on steps that it has taken and will be taking to
improve management and control at all levels.
·
Prioritisation of building projects should be based on a scientific
needs analysis. Deviations from prioritised lists should only occur under
exceptional circumstances and all deviations should be reported to Parliament.
Progress on delivery of basic services at station level should be reported back
to Parliament. The Department should report to the Committee on details of and
the plan going forward to deal with State accommodation for police members.
·
The Department should prioritise filling the vacant posts at Crime
Intelligence and ensuring that these personnel are properly trained.
Operational crime intelligence capacity at station level should be effectively
utilised as per Standing and Station Orders. The Committee will meet with its
counterparts in the Joint Standing Committee on Intelligence (JSCI) to discuss
the Committee’s concerns with regard to the secret fund and the performance of
Crime Intelligence.
9.2
Recommendations made to the
Department of Police (SAPS)
The following budgetary recommendations are
made in terms of 2011/12:
2013/14
allocation: The
Committee has consistently stated the need to ensure rigorous controls over
spending by the SAPS to ensure responsible use of their very large budget. The
Committee had requested that the Department provide budget figures for the
additional funds that they would require in 2013/14 in order to deliver on the
key projects highlighted in section 2.3 of this report. However, this
information was not provided. Despite this, the Committee recommends that
consideration is given to ensure that these identified priorities are
adequately funded in 2013/14.
Funds for
capital works and capacity projects: Improved spending in the Building environment,
in particular with respect to earmarked funds, is crucial. While the Committee
is not satisfied with the high under-expenditure of these funds in 2011/12
(reflected in poor performance) the need for improved controls over spending in
this environment is recognised. It will be expected that improved systems and
controls will now be reflected in improved spending and performance.
·
The Committee recommends that the earmarked funds received from National
Treasury for building projects should be allocated to individual
projects/stations (instead of a blanket amount) in order to ensure increased
and improved oversight in the building environment. Clear start and completion dates should be
reflected.
·
The Committee acknowledges that the bulk of capital works and capacity
projects carried out by the Department of Public Works are for the Department
of Police and as such expects more from the inter-departmental cooperation
between the two departments. In light thereof, the Committee will call a joint
meeting with the Portfolio Committee on Public Works to discuss this issue in
more detail and to jointly identify measures to strengthen this relationship.
In addition, all current projects will be discussed in this meeting which will
include details on starting costs/final costs/deadlines of all projects.
·
The Committee further recommends that the Department of Police should
recognise their responsibility in all capacity projects, as they are paying for
the services even when these are carried out by the Department of Public Works.
They therefore need to play an increasingly proactive role in projects carried
out by the Department of Public Works.
·
However, the Committee is not convinced that it would be desirable to
increase the role of the SAPS in maintenance of police stations. Previous
experience reflects poor performance by the SAPS with regard to these kinds of
projects. The Committee will call the National Commissioner to report in more
detail on plans and capacity, before agreeing to this increased role. It is
recommended that the Committee should be consulted on the envisaged maintenance
strategy of the Department and that prior to implementation should be approved
by the Committee.
Integrated
Justice System (IJS) and Criminal Justice System (CJS) revamp funds: Poor spending, particularly of
IJS earmarked funds is a problem as is the impact that this is having on
delivery in the IJS environment.
·
It is recommended that all earmarked funds for IJS and CJS projects are
only provided for particular projects/initiatives when these are accompanied
with clearly assigned measurable deliverables, delineated budgets and roll-out
plans.
·
The Committee recommends that a performance audit be done by the
Auditor-General of South Africa (AGSA) on IJS and CJS projects across all CJS
departments stretching a period of ten years.
·
Movement of funds between IJS projects by the IJS Board should be
limited.
·
The Committee supports the recommendations contained in the National
Development Plan which include:
-
Immediate alignment of all strategic plans in the
Justice Crime Prevention and Security (JCPS) Cluster with the seven-point plan.
-
Appointment of a project manager to the Office for
the Criminal Justice System Reform to coordinate the seven-point plan’s
activities and programmes.
-
Dedicated budgets for each relevant department in
relation to the seven-point plan.
-
Monitoring and reporting of implementation of the
seven-point plan by the Cluster.
-
Annual evaluation of implementation of the
seven-point plan with assessment against overarching objectives.
Supply Chain
Management: It is
recommended that urgent attention should be given to SCM, particularly the
increase of internal controls within this environment in order to better manage
both moveable and immovable assets of the Department. It is further recommended
that procurement should be done with service delivery in mind.
Technology
Management Services (TMS): The Committee recommends that an audit be done on all projects in the
TMS environment. It is further recommended that those systems found to be
dysfunctional or where irregularities have occurred, should be placed on hold
until solutions can be found. In this regard, specific focus should be placed
on the TETRA and PCEM projects.
Spending on
Goods and Services: The Committee recommends that the Department should ensure that tighter
controls are put in place on spending on non-core items, specifically in terms
of overseas trips, entertainment, subsistence and travel (T&S) and
Consultants. It is further recommended that the Department should report the outcomes
of all overseas trips taken within any given financial year.
Anti-corruption
units: The
Committee recommends that funding is made available for the establishment of
dedicated anti-corruption units throughout the Department to combat corruption at
all levels. High level corruption cases could then be escalated to the DPCI.
Directorate for
Priority Crime Investigations (DPCI): It is recommended that the Head of this Directorate
should ensure that adequate funds are allocated to the Directorate to perform
its duties in the upcoming financial years. It is further recommended that a
portion of Criminal Justice System (CJS) revamp fund is made available to the
DPCI to capacitate the growth and development of detectives, specifically in
the cyber and commercial crime environment.
Project
Management Office: The Committee supports the establishment of a Project Management Office
in the South African Police Service as this will increase service delivery on
priority projects.
Discipline: The Committee recommends that
the Management of the Department should ensure that members of the SAPS, in
conflict with any prescripts, face tangible consequences for their
actions. Further decreases in irregular
expenditure and fruitless and wasteful expenditure should be apparent when
there are consequences to improper actions.
Resource
Allocation Guideline (RAG): The Committee recommends that the revised RAG should be delayed until
the release of the most recent Census data by Statistics South Africa. It is
further recommended that the Department of Police should inform the Committee
about the budgetary impact of the revised RAG once completed.
The following
performance-related recommendations include:
Programme 1:
Administration
·
Organisational changes: The Committee recommends that
the Department communicate all organisational changes, regarding Senior
Management Structure and policy changes, to the Committee on a continual basis.
Programme 2:
Visible Policing: The Committee recognise the Visible Policing programme as the backbone
of the South African Police Service and as such expect measurable improvements
in the coming years.
·
Domestic Violence Act (DVA): It is recommended that
compliance to the Domestic Violence Act (DVA) should be stipulated as a performance
measure included in the Delegations Key Responsibility Area (KRA), relating to
the adherence to prescript, of all Station, Branch and Cluster Commanders, as
well as Provincial Commissioners.
·
Performance measures: It is recommended that
achievements in performance measures in the Visible Policing programme should
be improved upon. It is further recommended that consensus should be reached on
the intended meaning of percentages set as performance indicators in the
reduction of contact, serious and trio crimes, in that these do not refer to a
five year period, but year on year reductions.
·
Central Firearm Register (CFR): It is recommended that the
system running for the Central Firearm Register should be redesigned in order
to enhance the performance of the system as well as to better regulate
firearms.
·
Reliability of information: It is recommended that the
quality of information captured on the Case Administration System (CAS) should
be improved upon, as this has been raised by the AG for the last five years as
a finding and could lead to a qualified audit report in future.
Programme 3:
Detective Service
·
Performance measures: The Committee recommends that
the achievements made in 2011/12 be used as future base-lines in order to
further improve the programme’s performance.
·
Cased closed undetected: The Committee recommends that
focus should be put on decreasing the number of cases closed undetected, as
this will be a great achievement in performance of the detective service
programme.
Programme 4:
Crime Intelligence
·
Performance measures: The Committee recommends that
measurable targets should be better defined in that value for money and
adequate oversight is ensured. It was suggested that the operational and
strategic analysis reports be weighted to build quality assurance.
Programme 5:
VIP Protection and Security Services
No recommendations made.
9.3
Civilian Secretariat for Police
In light of the above, the following budgetary
and other recommendations are made:
·
Designated Department: The Committee recommends that a
meeting be held to determine the feasibility of the Secretariat becoming a
fully fledged Department in order to determine a fixed date for the Secretariat
to function as a department.
·
Proactive reporting: It is recommended that the
Secretariat play a more proactive role in alerting the Committee to issues and
challenges identified by the Secretariat pertaining to the SAPS.
·
Annual Report: The Committee recommends that
the Annual Report of the Secretariat should include a section on the
recommendations made to IPID and SAPS and the subsequent adherence to these
recommendations.
·
Performance targets: The Committee recommends that
performance targets should be determined more realistically in the coming years
in order to make provision for unforeseen circumstances, in particular
referring to additional research requests from the Minister.
·
Policy development: It is recommended that the
Secretariat recognise the Committee as a partner in developing policy and that
all policy should be discussed and consulted with the Committee before
finalised.
10
Conclusion
The Department should be congratulated on the
2011/12 Annual Report as it is a great improvement on the previous Annual
Report. The Department should pay attention to the findings made by the
Auditor-General, especially in that the Department is stagnating in terms of
improved service delivery and that the Department should guard against
regression.
It is, however, undeniable the Department of
Police has made significant gains on achieving greater performance in the
detective service programme in the year under review. The Department still face
equally significant challenges across most programmes and divisions of the
Department, one of which lies in the Visible Policing programme. Visible
policing forms the backbone of the Department and is the most visible in terms
of service delivery successes and failures. It also receives the bulk of
allocated funds and supports the rest of the programmes of the Department. To
achieve greater success in this programme, urgent attention should be given to
the improvement of management at all levels of the Department, but in
particular at station level.
The acknowledgements made by the Department in
terms of challenges faced in the Technology Management Services environment are
refreshing and the realignment of technology systems is welcomed. The
commitment made towards restructuring of the Department, especially in Supply
Chain Management and Legal Services are welcomed and will be closely monitored
by the Committee as it will greatly improve the way in which the Department
enter into contracts, which is one of the major challenges of the Department.
The progress made by the Civilian Secretariat
for Police in becoming a designated department will be closely monitored.
*It is requested that the Minister of Police
ensures the implementation of all the above recommendations contained in the
report.
Report to be
considered.