ATC210805: Report of the Portfolio Committee on Police on its oversight visit to the Central Firearm Registry (CFR) and Forensic Science Laboratory (FSL) Biology Section, Pretoria (Gauteng Province) on 15 May 2021, dated 29 May 2021.

Police

Report of the Portfolio Committee on Police on its oversight visit to the Central Firearm Registry (CFR) and Forensic Science Laboratory (FSL) Biology Section, Pretoria (Gauteng Province) on 15 May 2021, dated 29 May 2021.

 

1. Introduction

 

The Portfolio Committee on Police conducted an oversight visit to the Gauteng Province on 15 May 2021 to assess the status of the Central Firearm Registry (CFR) and the Forensic Science Laboratory (FSL): Biology Division, both located in Pretoria.   

 

1. Purpose of the visit

 

The oversight visit provided Members of the Committee first-hand information on the state of the Central Firearm Registry, especially in terms of the state of the Veritas building, the lack of storage space and the extent of the applications backlog. Similarly, the site visit to the Forensic Science Laboratory: Biology Section gave Members of the Committee a visual understanding of the process flow of case exhibits entering the laboratory and subsequent DNA analysis process, together with a view of the equipment available at the laboratory.   

 

1. Delegation

 

The delegation comprised of the following Members and support staff:

 

1. Members of the Committee

 

The following Members attended the oversight visit:

 

• Hon. Maphatsoe (Acting Chairperson)
• Hon. Peacock
• Hon. Moss
• Hon. Molekwa
• Hon. Shembeni
• Hon. Shaik-Emam
• Hon. Rev. Meshoe
• Hon. Whitfield
• Hon. Terblanche
• Hon. Dr Groenewald

 

1. Support staff

 

The following support staff attended the oversight:

 

• Ms Mbengo: Committee Secretary
• Ms van Zyl-Gous: Committee Researcher
• Ms Sihawu: Executive Secretary to the Chairperson

 

1. Sites visited

 

The Committee visited the Central Firearm Registry and the Forensic Science Laboratory: Biology Section.

 

1. Findings during facility tour

 

1. Central Firearm Registry

 

The South African Police Service (SAPS) met Members of the Committee in the CFR Boardroom at the Veritas building. Members immediately noted the state of the building and piles of applications stored in the boardroom. The SAPS explained that the Veritas building had been disqualified for human occupation about two years prior. Various Safety, Health and Environment (SHE) Unit reports noted that the building is structurally unsafe. Despite these deficiencies, the Department of Public Works and Infrastructure continued to renew the lease, thus forcing the SAPS to remain in the building to avoid expenditure irregularities. The SAPS noted that they were meant to relocate to the Telkom Towers building, but that this has not realised.

 

Members questioned whether there is any systematic approach to the piles of documents stored in the corridors and various rooms in the building. The SAPS explained that there is a system and that documents are stored in order of date and status of the application (approved or not). The SAPS acknowledged that in the event of an appeal, they have to shift though all the documents, by hand, to find the particular application in appeal. Members noted their dissatisfaction with such laborious system and indicated that a fully digitised service must be implemented as a matter of urgency and that this would be the only sustainable way to deal with firearm-related applications and current backlog. The SAPS explained that they already published a tender for a digital solution and that the tender closes at the end of May 2021.     

 

During the walkabout, Members were shown the various offices where the different categories of applications are processed. The Committee spent some time in the Application Verifications Services (AVS) office where the SAPS explained the process flow of applications. The SAPS highlighted various challenges including insufficient personnel, which has been further compounded by physical distancing restrictions due to COVID-19. Another challenge raised was the fact that their system and that of the Government Printing Works are not compatible, meaning that they have to put the finalised applications, ready for licencing, on a computer disk and physically take the disk to the Government Printing Works for printing and distribution. Members raised concern about possible corruption during this process where licences could be fraudulently printed. Applications regularly reach the CFR without the required date stamps, meaning that the applications are discarded. Members raised concern that this indicates that applications are not checked at station and provincial levels and questioned how this is possible. The SAPS explained that a key challenge is that Designated Firearm Officers (DFOs) are often used for other functions, especially during seasonal interventions (e.g. Easter and Festive Season), taking them out of the office and forcing administrative clerks to accept applications without proper training. The SAPS indicated that the National Commissioner issued a directive that excludes all DFOs for seasonal operations.

 

Members questioned whether the SAPS has a Risk Management Strategy or backup of the applications in place in the event that water, fire or animals (e.g. rats) destroy the applications. The SAPS stated that the applications do pose a fire hazard and that the back-ups are stored at station level. During the walkabout, Members were shown the state of the staff kitchen and ablution facilities, which Members agreed were unacceptable. Members also raised concern about the effectiveness of COVID-19-related decontamination of the building, or general fumigation, in that it would be ineffective due to the files that create inaccessible areas. 

 

1. Forensic Science laboratory Biology Section, Pretoria

 

The Head of the FSL: Biology Unit received the delegation at the entrance of the Biology Section during which she introduced the management team. The delegation split into two groups to comply with physical distancing requirements during the walkabout. Members were shown the different laboratories and the SAPS explained the different analysis areas together with their individual security and climate control need. Members observed the remnants of the previous hospital that was converted into the laboratory, and noted that the conversion did not fully suit the needs of the laboratory, thus creating spatial and layout challenges. Members noted that the automated equipment used in the Reference Index laboratory have not been operational for the past six months because there was no maintenance contract in place for the machines, which means that the machines cannot be calibrated and thus the evidence are inadmissible in court.

1. Discussion and presentations at the SAPS Tshwane Police Academy

 

The delegation received three presentations at the SAPS Tshwane Police Academy, which focused on the firearm amnesties and applications, the DNA analysis backlog and progress to date, and a provincial overview of the Gauteng Province. The presentations were done at the Academy (and not the sites) to adhere to physical COVID-19 distancing protocols.  

 

1. Firearms amnesties and applications presentation

 

The SAPS presentation covered the following focus areas:

• Feedback on the visit by the Deputy Minister of Police.
• Status of firearm amnesties.
• Status of firearm licence applications.
• Activity Plan for finalisation of outstanding applications.

 

1. Firearms amnesties, applications and CFR: Discussion

 

Members noted their dissatisfaction of the state of the CFR and the Veritas building. Members noted that the volume of the firearm-related applications are not only a health and safety hazard, but also that the weight of the paper further compromises the already compromised structural integrity of the Veritas building. Members raised significant concern about the continuous renewal of the lease despite the significant challenges and question whether there could be corruption involved between the Department of Public Works and Infrastructure and the owner of the building. Members noted that the current lease expires at the end of September 2021 and indicated that the lease should not be renewed under any circumstances. Members stated that it is unacceptable for people to work in such circumstances. Members noted that the Department of Defence faced similar challenges with the lack of progress on the Department of Public Works and Infrastructure Repair and Maintenance Programme (RAMP) at 1 Military Hospital, which was addressed by allowing the Defence Works Formation to perform various tasks related to the RAMP, including carpentry, plumbing, electrical and bricklaying. It was suggested that the SAPS should develop a similar structure to address maintenance issues. The SAPS indicated that such structure will be welcomed and requested an opportunity to present a holistic picture on facility management by the Department of Public Works and Infrastructure and the challenges experiences with this relationship.       

 

Members noted that despite several interventions, including a 2010 Ministerial Task Team and Turnaround Strategies, the challenges identified with the CFR remain unchanged. Members indicated that the only solution to these challenges is the development and implementation of a fully digitised application/renewal system likened to that of the South African Revenue Service (SARS) e-Filing system. Members made specific reference to the 2010 Task Team’s finding of the lack of understanding of the importance of information management. Members noted that there are “too many hands” touching the application, which pose a significant risk of corruption and human error. Members requested more information on the tender that was published for a digital solution and what the SAPS envisage should be the capabilities of the system. Furthermore, Members stated that the backlog and challenges of the CFR will get progressively worse and requested the SAPS to indicate what is in place to address the situation between now and the implementation of the envisaged digital system, which is presumably a long period.

 

Members requested that SAPS to provide information on the number of firearms in circulation to which the SAPS requested a written response. Members questioned the number of CFR staff that have been vetted. The SAPS indicated that 310 personnel have a positive clearance certificate. Members further requested that the SAPS indicate the number of corruption cases reported at the CFR. According to the SAPS, Members requested the SAPS to indicate the number of calls received at the CFR Call Centre and whether the centre is staffed sufficiently. The SAPS indicated that they receive an average of 21 000 calls per months and that five personnel, on a shift basis, staff the centre. Members requested that SAPS provide the budget allocation of the CFR. According to the SAPS, the budget amounts to R30 million, of which almost half of which is spent on printing firearm licenses.  

 

1. DNA analysis backlog and progress to date: Presentation  

 

The SAPS presented covered the following focus areas:

• Regulatory framework.
• Challenges impacting on backlog and corrective measures.
• Casework Backlog Recovery Plan and status.
• Implementation and functionality of the Forensic Exhibit Management System.
• Progress made to date.

 

1. DNA analysis backlog and progress to date: Discussion

 

Members highlighted the equipment in the Reference Index laboratory that has not been operational for the past six-months due to the absence of a maintenance contract. The SAPS indicated that all forensic analysis equipment would be serviced by 01 July 2021. The National Commissioner noted that there are possibilities that the FSL Division has internal expertise to service and calibrate equipment.

 

Members requested the SAPS to explain the difference between FEM and Property Control and Exhibit Management (PCEM) systems. The SAPS indicated that the FEM will have a number of advantages over the PCEM, such as the inclusion of a drug database and noted that this is a significant improvement. 

 

Members took issue with the implementation of the FEM System. According to the SAPS and SITA, the system went live on 06 April 2021. However, the presentation states that only Phase One of Three was implemented in April, covering electronic tracing. Phase Two will include biometric functionality and batch hand-over and biometrics. The SAPS indicated that the third and final phase will be implemented mid-2022. As such, it is estimated that the backlog will only be cleared over an 18-month period and only if all the aspects go according to plan. According to the Committee, this meant that the current challenges will remain for the foreseeable future. The Committee felt that Parliament was misled to believe that the FEM System was implemented in April 2021. The SAPS assured the Committee that this was not the case and indicated that SITA would explain the different terminology used, such as ‘going live’, ‘released’ and ‘implemented’.

 

Members expressed concern that there does not seem to be a comprehensive plan to address the backlog. However, the SAPS assured the Committee that the plan is included in the Corporate Renewal Strategy and that it will be implemented.

 

A member of the National Forensic Oversight and Ethics Board (commonly known as the DNA Board) raised concern about the length of the maintenance contracts on forensic analysis equipment and highlighted that the contracts should extend over the full 18-month period envisaged for the turnaround strategy. The National Commissioner indicated that he issued an instruction that he must be informed six-months before any contract expires in the Department.  

 

1. Provincial overview: Gauteng Province

 

The SAPS presentation covered the following focus areas:

• Provincial and geographical profile.
• Crime analysis covering the 2019/20 financial year, a ten-year trend and the third quarter of the 2020/21 financial year.
• Case management: SAPS 6.
• Risk and threat assessment.
• Stubborn and emerging priorities
• Crime combatting initiative: GGT Five-year Policing Plan and Operation O Kae Molao.

 

1. Provincial overview: Discussion

 

Members noted the successes achieved by Gauteng SAPS and congratulated the team on the implementation of effective crime combatting initiatives, especially integrated cooperation with other law enforcement agencies such as the Metro Police and the Provincial Department of Community Safety. Members indicated that other provinces should learn from the successes achieved in Gauteng and implement similar initiatives. Members raised concern about the increase in hijackings and noted allegations that car dealerships are possibly involved in these syndicates and requested the SAPS to investigate these allegations. Further concern was expressed on the abuse of SAPS vehicles and the involvement of foreign nationals in organised crime such as the drug and sex trade.

 

1. Recommendations and information request

 

1. Recommendations

 

The Committee recommends the following:

1. The Committee recommends that the CFR personnel working in the Veritas building must be relocated to another building as a matter of urgency.
2. The Committee recommends that the SAPS must conduct an investigation into possible corruption associated with the continued renewal of the Veritas lease despite the building being declared unfit for occupation. The Committee further recommends that the Departments should institute disciplinary procedures (consequence management) for individuals who signed off on the lease.
3. The Committee recommends that the SAPS should address the efficiency of their facility management strategy and should appear before the Committee to explain the challenges faced with its cooperation with the Department of Public Works and Infrastructure.  
4. The Committee recommends a Ministerial intervention to address the challenges between the SAPS and the Department of Public Works and Infrastructure in facility management.
5. The Committee recommends that the SAPS should fast track the modernisation of the CFR into a digital system, allowing online applications and renewals of firearm-related licences.
6. The Committee recommends that the SAPS should present the envisaged features of the digital CFR platform as soon as the tender is awarded.
7. The Committee recommends that there must be no further task teams to assess the challenges at the CFR, but rather that the challenges already identified and having persisted for more than a decade should be addressed. 
8. The Committee recommends that the SAPS provide it with monthly progress reports to the backlog in firearm-related applications.  
9. The Committee recommends that all maintenance contracts for DNA analysis machines should be completed as a matter of urgency.
10. The Committee recommends that all procurement contracts for DNA consumables must be effectively managed to avoid a repeat of the significant shortages that led to the current DNA analysis backlog.
11. The Committee recommends that the SITA must appear before the Committee to explain the different implementation phases of the FEM System.
12. The Committee recommends that the SAPS provide monthly progress reports on the DNA analysis backlog in the FSL: Biology Division.
13. The Committee recommends that the crime combatting initiatives implemented by SAPS Gauteng should be emulated in all other provinces. 

 

1. Information requested

 

The Committee requested the follow in information:

1. The SAPS should provide the name and contact details of the owner of the Veritas building as well as the name of the responsible employee at the Department of Public Works and Infrastructure.  
2. The SAPS should provide written responses to all questions asked during the engagements.  
3. The SAPS should provide detailed information on all firearms that are currently in circulation and registered on its database.  

 

1. Conclusion

 

The Acting Chairperson noted that the visit has been long overdue and was clearly necessary for the Committee to observe the challenges at the CFR first-hand. The Committee will continue to monitor the situation at both the CFR and FSL to access whether the interventions presented to the Committee are implemented on ground level. The Committee stated its commitment to assist the Department wherever possible to address the challenges, especially those of the Department of Public Works and Infrastructure, to ensure descent and appropriate office accommodation for SAPS members.

 

Report to be considered.