Minister of Police 2013 Budget Speech & Responses by ANC and DA

Briefing

30 May 2013

Minister of Police, Mr EN Mthethwa, gave his Budget Vote Speech on the 30 May 2013
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Deputy President of the Republic, Honourable KP Motlanthe;
Ministers and Deputy Ministers present;
Deputy Minister of Police, Ms MM Sotyu;
Honourable Members of Parliament;
Acting Chairperson of the Portfolio Committee on Police, Ms A van Wyk;
MECs responsible for policing present;
National Commissioner of the Police, General MV Phiyega;
All DGs of the Justice Crime Prevention and Security Cluster present;
SAPS Senior Management present;
Heads of entities: Civilian Secretariat for Police, IPID and PSIRA;
Comrades and Friends;
All strategic partners of SAPS in the fight against crime;
Fellow South Africans.

In 2009 the African National Congress (ANC) unveiled a manifesto which resonated well with the aspirations of the multitudes of South Africans. In this manifesto the movement prioritised five key areas for the term of office of its administration. 

For the purpose of this debate we will concentrate on one of them: the fight against crime and corruption under Outcome 3: People of South Africa are and feel safe. We must hasten to say that this stance is by no means new in the life of the ANC and dates back to the adoption of the Freedom Charter in the 1950s.

This policy lodestar of the ANC proclaimed 'there shall be peace, security and comfort.' Our commitment in the fight against crime and corruption focuses among others on:

  • Combating violent crimes against women, children and the elderly.
  • Fighting the root causes of crime.

• Overhauling the criminal justice system to enable it to fight crime and corruption.
• Actively combating serious and violent crimes by being tougher on criminals         and organized syndicates.
• Being true to our community policing philosophy by organizing all sections of society to be our partners in the fight against crime.
Today, we stand before this august House to share with Parliament and with millions of law-abiding citizens on the progress of our crime-fighting programmes.  We are presenting the South African Police Service (SAPS) and IPID Budget Vote for the 2013/14 financial year, which we have aptly themed: 2013 is the Year of the Police Station: Improving Frontline Services. 

Honourable Members,
South Africa’s transition from apartheid to democracy has been underpinned by the recognition that safety is a fundamental human right.  Safety is regarded as a precondition for human development and enhancing productivity.  Where citizens do not feel safe and live in fear, their ability to contribute to the country’s overall development is greatly compromised.

The National Development Plan (NDP): Vision 2030 must be realized in a safe SA
The NDP, which plots the desired developmental trajectory for the country thus recognizes the importance of creating an environment that is conducive to citizens pursuing their personal goals, and to take part in social and economic activity.  This places a direct mandate on the SAPS to ensure that we intensify our efforts in pursuit of public safety.

The levels of crime continue to drop and contrary to the current discourse, more people are beginning to feel safe.  As we reflect on the progress over a 3-year period of our achievements, we stand before this house encouraged by our collective efforts.  The National Crime Statistics indicate amongst others, that:

• Murder - This crime decreased by 17.2% during the past three years.
• Attempted Murder - remarkably decreased by 21.8% during the past three years.
• Bank robberies – we made tremendous progress with a 64.2% decrease over the past three years.
• Cash-in-transit – we have seen significant decreases of 53.6% over the past three years
• Robbery at Residential Premises (House) - decreased by 12.5% during the past three years.
• Sexual Offenses - Over the past three years, overall sexual offences decreased by 11.9%.  Rape in particular decreased by 2.9% during the same period.
• Carjacking - remarkably decreased during the past three financial years by 38.9%
• Stock-theft - This category of crime showed a marginal decrease of 0.8% during the past three years.
Furthermore, according to the Victims of Crime Survey (VOCS) 2012 there is an increase of 8% in the public appreciation of how government is doing in reducing crime levels when compared to five years ago (32% in November 2007 to 40% in November 2012).

The VOCS shows that 38% believed that the level of violent crime had decreased in their area of residence compared to 33% who said that crime had increased, 29% believed that crime had stayed the same during the period 2009 to 2011.

Crimes against Women, Children and the Elderly remain a priority for the SAPS
Gender-based violence and domestic violence not only affect the most vulnerable in society but can also contribute to a mentality that violence is an acceptable and valid means of self-assertion.  Protection of communities must also be central to strategies aimed at reducing incidences of gender-based violence.

A victim-oriented police service is thus an important part of the overall criminal justice response to crimes against vulnerable groups in society.  This approach will also encourage victims to report incidents of crime and ultimately contribute to building confidence and trust in the police, which is in line with our theme of 2013 is the Year of the Police Station: Improving Frontline Services.  It is against this background that in 2009, I directed that police management re-introduce the Family Violence Child Protection and Sexual Offences (FCS) units.

Honourable Members,
I am pleased to report before this august house, the following successes: since the reintroduction of the FCS units, based on capacity building and investment in the environment, remarkable increases in life sentences continue to be experienced.  There were 1 194 life sentences secured during the past three years, that is, 306 in 2010/2011; 389 in 2011/2012 and 499 in 2012/2013.

Nationally, we now have 176 established FCS units attached to all police clusters within SAPS.  In support of the investigation of such crimes, 2 139 Forensic Social Workers were appointed.  These include 79 Forensic Social Workers appointed to assist in cases of child sexual abuse by means of conducting assessments, compiling court reports and providing expert testimony in court as a means to strengthen our cases towards increasing conviction rates.  

Since the re-establishment of the FCS units there were a combined 36 225 years imprisonments.  We are joined at this Budget Vote by the top 7 best investigators for the 2012/13 financial year; please join me in congratulating the following officers:
1. Lieutenant LT Monene (Limpopo) who secured 11 life sentences.
2. Constable AE Mathevula (Limpopo) who secured 5 life sentences
3. Warrant Officer ND Ligege (Limpopo) who secured 5 life sentences.
4. Constable C Mokone (North West) who secured 4 life sentences.
5. Constable NR Bokolo  (Eastern Cape) who secured 4 life sentences
6. Warrant Officer OE Monnamme (North West) who secured 2 life sentences.
7. Constable RR Visagie (Northern Cape) who secured 2 life sentences.
When we refer to life sentences secured by these officers, amongst these we include instances where some perpetrators are serving jail terms for committing multiple sentences as individuals, more especially those who are serial rapists or have committed more than one crime.

We currently have 919 Victim Friendly Facilities rendering victim support services and intend to establish these rooms in all stations during 2013/2014.  However, the main focus is on the establishment of a dedicated capacity and the requisite soft skills to enhance victim friendly services in all facilities.
Directorate for Priority Crime Investigations (The Hawks) successes
Following the Glenister court case, we have fast-tracked the implementation of the decision through the approval of the South African Police Service Amendment Act.  In March 2013, I tabled policy guidelines in this Parliament and we have revised the mandate of the DPCI as well as the types of crime that will be investigated by this important entity.

• Drug-related operations
During the last two years 669 arrests were effected (335 in 2011/12 and 334 in 2012/13).  About 298 804.847 kg of drugs were confiscated with a monetary value of R95 million. We also commend the Hawks for closing a total of 41 laboratories during the year under review.

• Precious Metals and Diamond
During the 2012/13 financial year the number of arrested individuals for the illegal purchase, theft and possession of uncut diamonds and unwrought precious metals was 198, additional to 314 arrests in 2011/12.  From the number of arrested persons 71 were convicted.

• Endangered species and rhino poaching
During the reporting period under review, 104 persons were arrested and 49 successfully convicted for crimes related to species such as abalone and rhino poaching.
• Organized Violent Crimes
The number of arrested individuals for the reporting year, was 523 and 297 convictions were successfully secured.
These successes were not achieved by the Hawks operating alone but through an integrated approach involving the Crime Intelligence and Detective Services.  This working-together approach is vital because organized crime itself is becoming sophisticated and varies widely from country to country.
Strengthening Crime Intelligence and Detective capacity
Last year when we reported on the Budget Vote, we reported about the instability of the Crime Intelligence division with the suspension of its head and other senior managers. 

We have now begun with stabilizing this unit through capacitating gatherers in provinces at cluster level, increasing vetting personnel by employing more investigators as well as prioritizing the vetting of procurement personnel in SAPS – in line with JCPS Cluster resolutions to reduce corruption.

We are pleased to report that Crime Intelligence conducted over 37 000 network operations which led to the arrest of 10 607 individuals, and the recovery of goods to a value of R633 million for the past financial year.

Continuous improvement in our Forensic Science Laboratories
It is common knowledge that we experienced serious backlogs within our Forensic Services and that is why through intervention, including change in management, we began to realize some improvements and a positive turnaround.
The reduction of backlogs in the Forensic Science Laboratories (FSL) is placed high on the strategic agenda of the department.  To this end, during the 2012/13 financial year, Forensic Services reduced backlogs in the various disciplines to ensure the processing of cases through the criminal justice system.

The number of exhibits received by the laboratories increased by 19%, from 320 729 in 2011/12 to 381 699 in 2012/13.  More than ever before, our Forensic Services are accessible and responsive to the investigative needs and the criminal justice system requirements.  In this regard, the further decentralization of Forensic Services to the various provinces has been realized. 

The deployment of advanced technology and additional 710 Forensic Analysts and Crime Scene experts will be realized by the end of this financial year.  The department has in the absence of legislative obligations, resolved to embark on a process to accredit related laboratory processes for compliance with international standards.

On 18 January 2013, the President of the Republic signed into law the Criminal Law (Forensic Procedure) Amendment Act, Act 6 of 2010 which regulates the use of fingerprints in combating crime for implementation by the Department.

Two days ago, we presented to Parliament, the DNA Database Bill.  This Bill was preceded by a study tour undertaken to capture best practices internationally which led to the development and finalization of a policy on the establishment and administration of a National DNA database.  

Successes based on the declaration of 2012 as the Year of the Detective
During our Budget Vote last year, we declared 2012 as the Year of the Detective. During the year under review we established 338 Detective Service Centers to improve reaction time, 24hour service, speedy apprehension of suspects, and screening of dockets.
Overall, our detectives secured 826 life sentences during 2012/2013 (264 for murder, 499 for rape and 63 for robbery aggravated).  As an effort to enhance quality assurance, the current 142 Detective Court Case Officers that are placed at selected courts across the country are intended to improve quality of work to and from court, secure availability of dockets and liaise with detective commanders and prosecutors to unblock possible impediments.

Failure to provide feedback to complainants during the investigation process remains the highest generator of complaints against the police, particularly detectives.  Written responses and SMS feedback to complainants are now being utilized in this regard and will be emphasized to ensure continuous communication.

Deepening partnership with various partners
From the time we were given the task of leading this portfolio, we have forged partnerships with various partners, some of whom are present at this Budget Vote.  South African Banking Risk Information Centre (SABRIC) is one such important partner in the fight against crime, particularly when dealing with violent crime. 
Through their industry expertise they have been able to deepen and share their skills and expertise within the banking sector by setting up initiatives to combat ATM crime, cheque fraud and crime in business. 
Business Against Crime South Africa (BACSA) is another vital partner because the business sector serves as an important role-player in government’s goal of effectively dealing with crime.   We appreciate BACSA’s continued support, particularly through their collaborative and effective crime fighting programmes. 

We continue to work with Community Policing Forums (CPFs) and have been engaging them on a policy framework that looks at CPFs strengthening their oversight role, as well as ensuring greater participation by communities.   We have also been working with provincial departments of Community Safety and Liaison, as well as other departments within the Criminal Justice System, on the implementation of Community Safety Forums.

Over the last two years we have on a consistent basis, been engaging with different role-players in the rural areas, including both trade unions and farmers.  During this year we have also concentrated on engaging civic organizations, and this approach, coupled with regular engagements is helping us in entrenching our partnership approach.

Improving territorial integrity through effective Borderline Policing
Based on the 2009 Cabinet decision to return the functions of borderline control back to the SANDF, all borderline functions were handed over except for 2 borderline bases - Upper Tukela and Himeville.  These bases patrol the RSA and Lesotho borderline.
From 1 April 2012 to 31 March 2013 a total number of 3 880 planned crime prevention and combating actions were conducted to enhance national security and territorial integrity.
Additionally, 3 578 roadblocks, 68 633 vehicle patrols, 285 air patrols, 109 454 foot patrols, 910 borderline patrols, 2 620 vessel patrols and 12 487 perimeter inspections were also conducted.  Illicit drug cases at airports have decreased slightly due to integrated policing strategies and profiling of suspects.
Introducing and reviewing of various legislations to support policing
Policing in democratic societies operates in a space between their constitutional framework and the legal framework that defines how they must operate. 

To ensure an effective service, the police must understand their role and function in society.  Police action must always be motivated by sound knowledge of police purpose and involve constant application of the law.

It is for this reason that over the last financial year we introduced before Parliament the following legislations:
• The South African Police Services Amendment Act of 2013 (which sought to enhance the role of the DPCI and to ensure its alignment with the Constitutional Court ruling)
• The Dangerous Weapons Bill
• The Criminal (Forensic Procedure) Amendment Bill which is currently before Parliament 

In the coming year we are hoping to finalise the following legislations:
• The Private Security industry Regulatory Amendment  Bill
• The South African Police Service Amendment Bill, will address changes in policing, align the existing SAPS Act with the Constitution and ensure adherence to the revised White Paper on Policing.

Last year we began work on a policy which is aimed at clarifying the role we expect the police to play when carrying out their duties.  This policy will speak to all aspects of policing including supervision, training, and the appropriate equipment required to carry out effective policing. 
Essentially, this calls for what I have emphasized on many occasions, that we need a continuous de-education of unwanted old practices and re-education of the kind of police officers we envisage. 

Civilian Secretariat for Police now an effective oversight structure
In 2009, I instructed that the Civilian Secretariat for Police be restructured in order for it to be able to effectively perform its role and functions as referred to in Section 206 of the Constitution.  During the 2011/12 financial year the Civilian Secretariat for Police Bill was passed into an Act.  In December 2011 the Act was assented to by the President of the Republic. 

Policies developed by the Civilian Secretariat for Police over the last year include:
• Green Paper on Policing
• Policy document on the establishment of Community Safety Forums 
• Policy on Reservists
• Policy on the establishment of a DNA Database


National Key Points Act to be reviewed
In 2007 a draft National Key Points Bill was developed and progressed as far as the National Economic Development and Labour Council (NEDLAC) process.  At this juncture certain issues prevented the processing of this Bill. 

Earlier this year I requested my legal team to relook at this Bill, to begin the process of refining it and introducing it in Parliament.  We are now re-aligning the National Key Points Act with the Constitution and other pieces of legislation.

In addition to this, in terms of Section 6 (1) of the National Key Points, I have appointed an Advisory Committee on National Key Points to assist me in evaluating, auditing and assessing the desirability of all National Key Points, to determine how these should be aligned to Constitutional prescripts. 

This Committee will be led by Advocate Hamilton Maenetje (external legal Counsel), a representative from the Department of Justice and Constitutional Development, as well as the Civilian Secretariat for Police. 

We expect the first part of their work to be completed by the end of July this year.  The Bill will then be introduced to Parliament before the end of this financial year. 

Policing public service delivery protests better
The adoption of the NDP as the key developmental policy framework requires policing to be particularly effective.  However, recently we witnessed an increase in sporadic acts of lawlessness and violent protests, which have potential to interrupt our developmental plans.

The Constitution guarantees everyone a right to peaceful and unarmed demonstration. While we respect this Constitutional right, we will not hesitate to act against individuals whose conduct undermines the rights of others.  It should also be noted that while the Constitution also provides for checks and balances on police powers and protection of the rights of citizens, it does not prevent the police from vigorously fighting crime.

As a result of the policy on public order policing which I introduced in 2011, we are now standardizing the training of our public order policing unit, as well as enhancing its human and physical resource capacities.

We are pleased to report to South Africans that during the 2012/13 financial year, 12 399 crowd-related incidents were responded to and successfully stabilised, including 10 517 peaceful incidents such as assemblies, gatherings and meetings.  Unfortunately, of these incidents, 1 882 were violent incidents and we were effected 3 680 arrests.

We have now introduced a mandatory Public Order Policing training curriculum that is intended for new recruits as a means to develop a support base for the first line of response to public order incidents.

Challenges of the day facing the SAPS
The transformation of the SAPS remains paramount in our efforts to fight crime and criminality.  In transforming the police, we had to strengthen our civilian oversight bodies, deepen our relationship with communities, build partnerships with civil society, labour and business, and contribute to the observance of the culture of human rights.
Honourable Members,
Over the past months some of our officers have made headlines, dominated discussions at homes, workplaces, taxi ranks and schools, including in this very august House of Parliament – for the wrong reasons. 

We acknowledge the embarrassment such conduct has caused to the reputation of the SAPS.  Such unwanted misconduct borders on brutality and for this reason we have emphasized to police management to press criminal charges against those individuals.  This they have done.  Our system of governance is based on human rights and we have no intention of diverting from this.  IPID has also taken the lead in investigating such cases and to charge those responsible. 

Our firm stance is that police are empowered with powers to arrest any person they suspect of wrongdoing.  However if there are no checks-and-balances such powers are likely to be abused by some.

Training and Recruitment
In January this year, I convened the first SAPS Top 1500 meeting with all the Cluster and Station Commanders. 

This will be an annual leadership engagement platform for deliberating on issues of policing nationally.  This initiative is intended to ensure that station, cluster, provincial and national management collectively identify and address blockages to service delivery.

We are revisiting the current SAPS Recruitment Strategy to encapsulate the whole continuum from recruitment to retirement in order to determine and put more emphasis on career-pathing of members to ensure staff retention and to minimize attrition.
One of the ideas that emanated from this gathering was a need to ensure that recruitment for basic police training continues to be conducted in consultation with community structures.  We are now also enhancing an initiative of publishing the names of potential intakes for public comment.  Lastly, vetting and reference checking continues to be conducted for new intakes as a means to reduce the element of corruption and criminality.
Outcomes of a SAPS Criminal Audit to be announced in due course
Two years ago I tasked the police management working together with the Civilian Secretariat for Police to conduct an audit of all SAPS members, to get a sense precisely of who these members are.  Part of the delay in completing this audit was mainly around certain legalities which we had to adhere to, but we are now determined to finalize this matter.

The audit is nearly finalized and I will be making a public pronouncement on the audit outcomes in due course.  This is propelled by the conduct which suggests criminality from within the police.

Supporting and improving psychological services for SAPS
Policing is a difficult duty.  Our officers operate under strenuous conditions, facing some of the most dangerous criminals on a daily basis, the nature of crime being unique and violent.
As part of our intervention, we have an Employee Health and Wellness (EHW) programme, which is freely-available for all members.  Whilst some members have utilized such programmes, sadly, we still have some myopic perceptions that going for counseling is considered a sign of weakness.  We dispel such misconceptions because they are destroying and negatively affecting our members.

• EHW comprises of qualified, experienced and registered Psychologists, Social Workers and Chaplains.
• There are clearly outlined referral processes between the different professionals, EHW and medical schemes, guided by the needs of employees and their immediate families.
• Members have access to a 24-hour call centre services where one-on-one telephone counselling and individual trauma debriefing is done.

I have already through a number of different forums emphasised the need to have a concerted focus on the psychological welfare of SAPS officials and we have begun engaging external role players with a view to assisting us in this regard.  However, the violent nature of crime in South Africa and advanced criminal activities requires further research in addressing police psychological needs.
Firearm Administration and Controls
The Firearms Control Act is a crucial piece of legislation and it is important that we all understand the policy that underpins this legislation in a country that faces high levels of violent crime, much of which involves the use of firearms.

There have been people who have sought to challenge our policies and the basis of this legislation, and we remain resolute in our commitment to stand our ground on this matter.  Where we are taken to court, as was shown in the Justice Alliance of South Africa matter, which went all the way to the Constitutional Court, we will coherently defend our policies.

But our commitment to the legislation must also translate into how we implement this legislation through the Central Firearms Registry.  In this regard we believe that the registry has to a large extent dealt with the backlog in firearm applications.  We however need to keep our focus not only on the backlogs but also improvements across all aspects of our firearms control systems.

Inquiry into the alleged unscrupulous firearms dealers
Honourable Members,
Over the past few months, concerns have been raised about the practices of certain unscrupulous firearms dealers, who are not complying with the provisions of the Firearms Control Act, 2000 (Act No. 60 of 2000). 

Last week, I announced Ms Soraya Hassim, SC and Advocate Rams Ramashia, to head an inquiry that is currently investigating these allegations because if indeed they are proven true, these could negatively impact our crime-reduction efforts.  We cannot allow this to happen.

Within the next six weeks they will complete their investigation and will provide me with a comprehensive report of their findings, including recommendations.  I will then publicly announce the findings.

Effective implementation of the Rural Safety Strategy
Rural safety remains a priority of government.  Focused interventions to reduce serious crimes in rural areas have been enhanced, particularly of stock-theft and border control.
The implementation of the Rural Safety Strategy, which incorporates amongst others, targeted planning and resourcing of policing interventions, will be completed by 2014. 
We have also begun identifying and developing strategic partnerships with safety stakeholders in rural areas, as well as enhanced service delivery, by utilizing reservists to man our borders, and conduct intelligence-driven operations.
Strengthened oversight on those who police, the police
As we speak, the Independent Police Investigative Directorate (IPID) Act No. 1 of 2011 has been in operation for just over a year.  During that time, we have seen a number of important milestones in the work of the IPID.
We remain committed to cleaning up the police service through strong internal oversight, which police management must exercise.  Equally, through strong external oversight in the form of the IPID, we have been able to arrest those whose actions shame our badges and uniforms.  This was evident in the swift actions taken by the IPID and SAPS in recent incidents.  This all demonstrates our resoluteness in dealing with matters of police criminality.
IPID has identified systemic corruption as one of its priorities for the short to medium term.  We believe that the IPID will deal a deeper blow to police criminality by being proactive rather than being reactive.  This will ensure that police officers, who commit the crimes identified in the IPID Act, are prosecuted effectively in the courts.

No direct linkage to number of deaths in custody to introduction of ranks
We have noted alleged reports around the number of deaths in custody or as a result of police action and the linkage to the introduction of military ranks in 2009. 

Let us utilize this occasion to highlight that the number of deaths in police custody does not necessarily mean that police were directly responsible of these deaths.  In some cases the deaths could have been as a result of a shootout during cash-in-transit robberies.  Furthermore, in some instances it includes natural deaths whilst suspects are in police custody.

We have looked at IPID figures and cannot correlate the figures to the introduction of military ranks. In 2008/09, before the rank structure was introduced, the number of incidents recorded by IPID increased by 15% but the following three years saw a decrease of 21.1%.  Therefore whilst we remain concerned about any loss of life irrespective of whatever circumstances, there is no evidence to link this to the introduction of military ranks.

 


Private Security must be better and effectively regulated
Honourable Members,
The number of private security guards registered is 1, 250 000.  It is also estimated that of the guards registered 353 000 are active within the industry.  This means the number of private security guards operating outstrips the combined number of both the SAPS and SANDF.

According to PSIRA it is further estimated that between 15 000 and 20 000 new members join the private security industry each month.  However not all companies and private security guards register with PSIRA as required by law.  Many companies and security guards attempt to operate under the radar and unlawfully.
The growth of the private security industry is not unique to South Africa.  Internationally, the private security industry has grown significantly over the last two decades.  However the growth of the South African private security industry has out stripped other countries and as a percentage of our GDP South Africa, has the largest private security industry in the world.

Historically the private security industry was broken down into specific areas or categories of security services (such as guarding, armed response, private investigations etc).  However over the last decade the industry has diversified and many companies are now providing a wide range of services cutting across the different categories. The result of this diversification has also been that the lines between private security, private intelligence and private military have become vague and blurred.

The South African private security industry is increasingly performing functions which used to be the sole preserve of the police.  This has, and will continue to have a serious influence on the functioning of the criminal justice system as a whole.

The above has resulted in most countries around the world focusing more attention on the regulation of this industry, and even the United Nations Commission on Crime Prevention and Criminal Justice has begun to place more focus on this area and encouraged member states to review, evaluate and revise existing regulation of the industry.

It is against this background that we have set ourselves a goal of an effective regulation of this industry.


Conclusion
Honourable Members,
Scholars across the spectrum recognize that social systems are founded on definite historical origins.  If the saying ‘out of nothing, nothing comes’ is true, then it must follow that the future is formed and derive its first impulse in the womb of the present.
The world is beginning to look at us and our continent, not so much for our lack of capacity, but for our capacity to do things in a way that makes everyone proud.  Conditions have emerged where the world wants to do business with us.
Policing for the future must be guided by the understanding that the crime landscape will continuously evolve.  This will require the SAPS to remain innovative and adapt its policing approaches to respond to this changing environment.

The unity of citizens on the question of crime should act as a source of great strength to us.  Today there can be no doubt about the determination of the overwhelming majority of the citizens of this country to take concerted action to help us reduce crime.

I thank you.

Debate on Police Budget Vote No 25 and 23 by the Deputy Minister of Police, Makhotso Maggie Sotyu (MP)
Speaker,
Honourable Deputy President, Mr KP Motlanthe,
Minister of Police, Mr. EN Mthethwa,
All Ministers and Deputy Ministers present,
Acting Chairperson of the Portfolio Committee on Police, Ms A Van Wyk,
Honourable Members of Parliament,
All MECs present,
National Commissioner of Police, General Phiyega,
All SAPS Top Management,
Acting Executive Director of the IPID, Ms Kuki Mbeki,
Chairperson of PSIRA, Mr. Bopela,
All SAPS Officers present,
Traditional leadership & Civil Society present here,
Distinguished Guests,
Ladies and Gentlemen,

We are almost at the end of a very remarkable yet consuming second decade of post-apartheid, both as country and as the South African Police Service. And, it is time for this ANC-led Government to take stock of how far we have gone in achieving the national agenda of improving the quality of life for all South Africans, especially the historically disadvantaged communities of South Africa.

Speaker, It is not only about taking stock of progress; we are equally identifying our challenges and shortcomings as the Department of Police, collectively.

Most probably, the blatant challenge of all that we are facing as the South African nation, is the high level of substance and alcohol abuse, rape, sexual abuse, violent crime against the most vulnerable of our society: children, women, the elderly and the disabled.

And, indeed that challenge informs our shortcomings as a nation.

Speaker, Contrary to the saying that, when all has failed, Government becomes a last-line of defence for any societal challenge including that fighting and preventing crime; we are saying as the Police Leadership, the community must become the alpha and omega of this defence line for the most vulnerable.

For, particularly, the people closest to them commit this crime against our most vulnerable people; and it is difficult to detect and detain the perpetrators as long as the community is distant from the police.

Speaker, That is why as far back as in 2001, His Excellency, President Jacob Zuma, in his then capacity as the Deputy President, observed that:

“The apartheid history of this country left behind a legacy of a serious breakdown of the moral infrastructure of our society. And, the lack of respect for the sanctity of human life, for the next person, private property, disregard of the law of the land, lack of parental control over children, and the general blurring of the lines between right and wrong are continuing to plague our communities. Moral regeneration is not something, which can be left to either Government or religious community alone. We require the participation of all sectors in this campaign against child rape and sexual violence in South Africa”.

Speaker, The reality then, is that, most of crimes committed in South Africa, are crimes arising out of factors over which the police have little or no control of whatsoever.

Factors, which stimulate crime, such as poverty, unemployment; gender-inequality, and decline in the standards of morality or moral fibre, have nothing to do with the core mandate of police per se.

This means, a broader notion of safety and security must be sought: a security that is not solely defined in policing terms; but a security of the most vulnerable that is defined in HUMAN terms.

Speaker, Indeed, all our Departmental initiatives and programmes to combat and prevent crime point to this direction of humanizing crime combating and prevention. And this approach is not far-fetched from the founding policy document of the ruling party, “Ready to Govern”.

From the onset, the first democratic elected Government founded its policy of safety and security on one basic principle: a national security that acknowledges political, economical, social and environmental dimensions. It resolved:

“Underdevelopment, poverty, lack of democratic participation and the abuse of human rights are regarded as grave threats to the security of the people”.

Speaker, Our Departmental programmes as the SAPS, are thus geared to national security that is building a nation, and that is coherent, cohesive and coordinated towards a better life for all.

The Department of Police is therefore, zealously active in all the relevant Inter-Ministerial Committees, especially the IMCs on Substance Abuse & Alcohol, and Causes of Gender-Based Violence, both led by the Department of Social Development.

Speaker, In the IMC on Root Causes of Gender-Based Violence, the South African Police Service is providing specialized services in prevention, protection, response, care and support through the Family Violence, Child Protection and Sexual Offences Unit National Management.

The FCS Unit prioritizes rape cases, and already for the financial year 2012/2013, a total of 499 life sentences have been given to these heartless criminals. We must however emphasize that, as the Department of Police, we are no longer interested to satisfy quantity or volume-based arrests of child rapists, molesters, exploiters and murderers.

We are focused at efficient investigations, which include improved accurate statement taking of these cases; and impactful convictions, which involve prolonged sentences of these heinous criminals.

Also, the SAPS is providing support to the Department of Social Department for the establishment of a National Command/Response Centre to allow for effective national monitoring, coordination and intervention in cases.

Speaker, As the Department of Police, we are aware that, one of the most important spheres to work with to curb child abuse and any other youth-related crimes, is the school environment. Since educators spend a great deal of time with abused children who are their learners, it becomes important that educators know how to manage these children in the school yard and in the classroom.

In this instance, the Minister of Police and the Minister of Basic Education signed a Protocol Implementation Agreement last year April 2011, to partner for the promotion of safer schools and to prevent the involvement of young people in crime.

Speaker, Already, out of 25 474 schools, 16810 have been linked to police stations with functional Safe School Committees since the protocol came into effect. The two Ministers, Minister of Police and Minister of Basic Education, have now delegated their respective Deputy Ministers to formally launch this Protocol.

The launch will sensitize parents and to inform schools, media and all other parties with a vested interest in school safety to know about the programmes. It will also highlight the responsibility of both SAPS and Basic Education in promoting an environment that is conducive to learning and teaching.

Speaker, We are partnering and collaborating with the Department of Home Affairs and Film and Publication Board by facilitating the reporting of child pornography cases for investigation.

The SAPS is also actively collaborating with the Department of Social Development and the South African National Council on Alcoholism and Drug Dependence (SANCA) through the Safe Schools Programme to address drugs, crime and violence in primary and secondary schools. SAPS Schools Based Crime Prevention Coordinators visit schools and facilitate awareness raising on the negative impact of drugs and gangsterism.

In my own Constituency in Free State, under the leadership of the Premier, Mr. Ace Magashule, we have recently launched a Free State Provincial Crime Prevention Strategy that calls for a multi-agency approach in addressing crime.

During this Launch, I had an opportunity to engage with youngsters who are addicted to drugs. It is sad to inform you though, that two of these youngsters are already dead, due to mob justice/vigilantism.

Our Festive Season Operations for the F/Y 2012/2013 have indicated a trend of high number of arrests against drug and alcohol related crimes, with the Western Cape registering the most affected at 3511 arrests.

Speaker, It is clear then that the visit by the President to Eldorado Park, was spot on, drug related crimes are on the increase. The biggest increase on ready docket rate was recorded at 17.01% increase.

As the Department, we are thus hopeful that these integrated programmes with the Department of Social Development and the South African National Council on Alcoholism and Drug Dependence (SANCA), will begin to educate parents on how to spot the signs of drug addiction and gang association, so that they are able to recognize if their child is involved in drugs and with gangs, and be able to seek appropriate intervention.

With these programmes, we are constantly reminding parents/family members and educators that they are unwittingly “front-line officers” in identifying children/youth who could potentially pose a risk to the peace and order of our communities. They are indeed the alpha and omega of the defence line.

Speaker. Only three days ago, a 14 year-old youth who has since been suspected of being under a certain influence, almost wiped out his entire family. With the help of the community, this young suspect was immediately arrested, after killing his mother, grandmother and two siblings.

The SAPS Leadership indeed welcomes this working together with the police to apprehend the suspect of this shocking crime. We also hope that this partnership, will also conscientise the community of the extreme conditions the police work under.

Speaker, Let us all imagine the psychological condition of those police officers that were the first ones to respond to the crime scene of a hacked family. Let us all take home a fact that, the work of a police officer is often traumatic, dangerous and exhausting, as a result of being part of, or witnessing a traumatic act such as murder, rape, brutal assault or remnants of a brutal and unspeakable violent murder.

It is with this reason that as SAPS Management, we are not only seeking to improve and provide the working environment and the general health and wellness of the police officer. The Department is busy reviewing a policy that will make trauma counseling, compulsory for all police officers. At the moment, it is voluntary.

Speaker, In the meantime, we are continuing pleading and encouraging our police officers to demystify the myth that “men do not cry”. We are pleading with you to use the resources that have been provided by SAPS Employee Health and Wellness, which has Psychological Services, Spiritual Services, Social Work Services and Quality of Work Life Management.

There is a Pyscho-Social Network of external providers that offers psychosocial interventions to employees of SAPS and their immediate families. There is also a 24-hour call centre service (0860103055), providing a one-to-one telephone counseling and individual trauma debriefing. A call centre staff is also available to attend walk-in cases.

We are also pleased to announce that, the promise made by the President way back on 5th September 2011 at the Police National Commemoration Day, that a SAPS Educational Trust Fund will be established to ensure that the families of those members who died on duty, especially their children’s educational needs, is yielding good progress.

The SAPS Education Trust Operating Structure is now in place, and the verification of database of deserving beneficiaries has been done. The SAPS Education Trust will be officially launched on 25 July 2013 as part of the Mandela Month Activities. As the SAPS Leadership, we want to ensure that the dependents of these fallen heroes do no go destitute.

Speaker, We have a duty as the Ministry of Police to ensure that the quality of life of all our members is improved equally: whether active, retired or deceased. In this case, we are still continuing with realizing the project that I announced at our last year’s Budget Vote.

We are on course to establish a SAPS Non-Statutory Forces (NSF) Project Task Team with the support of the SANDF Integration Project Office, to fast track the implementation of promotion; full recognition of service; pension and privileges; leave days and skills development of these former NSF members integrated within the SAPS.

Coupled with this SAPS NSF Project, is the intake of 1586 SAPS Reservists who were trained during the last financial year 2012/2013, and permanently employed as security guards. A further 570 intake is planned for this Financial Year 2013/2014 to address the outstanding security needs of the SAPS.

Speaker, There are high hopes to link the successful implementation of the above two programs with the SAPS Centenary Celebrations. Policing in South Africa has reached a milestone of 100 years of existence just last month.

The SAPS Centenary Celebrations will also serve as means to recognize contributions made by the police officers in the fight against criminality in our country within the democratic dispensation.

Speaker, One of the visible achievement made by SAPS since the advent of democracy is its recruitment, training methods, and development programmes targeting women.

As a Department, we made sure that we participate in the National Equity Component that was established in 1996, so as to ensure for the promotion of equal employment opportunities and ensuring optimal functioning of women in the SAPS.

In 1995, the SAPS had only 11 260 female police officers. In 2005, this number increased to 17 945. Currently, we have more than 20 000 female police officers. Gone are those days where women were only recruited to do administration work in charge offices and as radio operators. Today SAPS employs women in the same capacity as men.

Speaker, It is befitting then that the South African Police Service has won the bid with the full backing of our Government, to host the 51st International Association of Women Police (IAWP) Conference to be held on 22nd – 26th September 2013 in Durban, a first of its kind for Africa.

Since becoming a member of IAWP in 2010, the SAPS have been actively taking part in IAWP programmes of uniting and raising the profile of Women in Criminal Justice and International Police Agencies.

At the 50th IAWP Conference last year, I led the SAPS delegation to sign the MoU for the Conference. Under the leadership of our National Commissioner of Police, preparations are in advance stages.

The Southern African Regional Police Chiefs Cooperation Organization (SARPCOO) has also committed its support and cooperation in this 51st IAWP Conference. All Members of Parliament, especially those are within the JCPS Cluster, are encouraged to take note of these dates and to attend.

Speaker, In conclusion, we want to emphasize that, as the SAPS Leadership, our Department will continue to innovate for programmes that are integrated and coordinated with other Government Departments and core stakeholders in our communities.

We will continue to acknowledge that Police cannot be seen as operating within a vacuum as if there no other structures that make up our society; structures that do have a major impact on how a person ends up: perpetrator of crime of a law-abiding citizen.

Thus, we will continue to innovate our approaches in fighting and preventing crime by always reviewing what is no longer working for our people’s development and well-being.

I thank you all.
 

Speech by Hon Annelize Van Wyk during the Budget Vote Debate on Police

Honorable Speaker
Honorable Minister and Deputy Minister
Honorable Members of this House

This year the South African Police Service celebrates its 100 years of existence. We congratulate the family in blue with their centenary celebrations. As citizens of our beloved Country we celebrate twenty years of democracy. The centenary celebrations of SAPS and the budget debate provide us with a great opportunity to look back at the SAPS, to take stock and to look forward to where we are going. Let us take the last three decades under review.

Let us start in the 70s. How many of us know that it was only in 1972 that women were allowed to enlist for the first time on the same basis as men into the South African Police? In 1984 there were 842 police stations in South Africa. The SAP had 44696 members of which more than half, 23206 were from the white population. The rest of the population groups made up the other 21 490. In 1985 we had 1.4 police officers for every 1 000 members of the population. In 1986 the South African Police consisted out of a uniform branch, a detective branch and security branches with no crime prevention arm. The South African Police was a semi military organization.

The role of the SAP was one of upholding the illegitimate apartheid government through the preservation of internal security, the maintenance of law and order and the investigation of offences. The emphasis was on the preservation of internal security through the maintenance of law and order. Very little time, money or resources were used to fight crime. The National Party government enacted legislation to strengthen the relationship between the police and the military. After that the South African Police was heavily armed. The SAP were granted extraordinary powers to quell (what was coined) unrest and to conduct counterinsurgency activities. In 1983 the SAP’s power to search and seize without a warrant was extended to the whole country.

From this it is clear that the SAP at that point in time was used as a political tool, like most of available state machinery at that point in time, to uphold an unjust oppressive system. Because of this the majority of our people saw the South African police as their enemy. This is an important aspect to remember as changing this perception and transforming the South African Police from an undemocratic force into a service that treats all people, irrespective of race or class equitable was one of the biggest challenges of a democratic government. Since 1994 a number of key milestones were achieved to move towards a democratic, people orientated service.

After 1995 the previous 11 agencies (the SAP and the 10 homeland agencies) and non – statutory forces were rationalized and incorporated into the new South African Police Service, the SAPS. The numbers of the new SAPS increased to 140 848 members. This brought its own challenges in terms of different levels of training, various organisational cultures and the transformation from a semi-military force to a service that is community orientated. The very people that were previously treated as the enemy of the South African Police now played a pinnacle role in a policing philosophy based on community involvement.

In 1995 a seven-point plan was announced to improve the effectiveness of policing. The plan focussed on the redeployment of resources, human and material, improving visible policing, providing police stations in all the high crime areas with the required logistics so that their effectiveness can be improved and arresting the most wanted suspects. The border-control functions were restructured and the use of technology was enhanced. A policy of setting tougher bail conditions for serious crimes was also adopted.

In February 1995 a ten-point community policing programme was launched, the first of two to transform the Police. This included amongst others, the implementation of effective labour relations, the establishment of station management forums to channel grievances, the appointment of shop stewards and complaint officers. Schedules and shifts were rotated to ensure that black members are not assigned inferior jobs. At the same time a redistribution of resources to ensure a more equitable distribution of resources from over resourced police stations, to under resourced stations took place.

On 1 December 1995, a new rank structure was introduced that heralded a visible and concrete break with the militaristic police culture of the past. In May of 1997, the moratorium on police recruitment was lifted. At the end of October 1997, a newly adopted code of conduct was signed for the first time. In 1999, the transformation and integration of SAPS received a boost with the appointment of several new Commissioners aimed at creating a representative police management.

In November 2001 sector policing was introduced in 145 focal points. The aim was to improve reaction time and visibility. This approach has already reaped benefits. In 2002 SAPS launched the e-docket system. We now have the best and most modernised forensic science labority in the world.

In 1972 women were allowed – for the first time- to enrol into SAPS on an equal basis with men – in 2013, through the leadership of the African National Congress, SAPS is led by a woman. In 2000 8.36% of officials were female – today we stand at 20.38%. We need to recruit even more women as they will change the approach towards policing. Our police service made significant gains in gender equality. Today, under the ANC government we can celebrate five female pilots in the SAPS Air Wing, three female operators in the Special Task Force, 29 female forensic science analysts and not one, not two but 14 female Bomb technicians in the Explosive unit.

In 1984 there were a mere 848 police stations in South Africa, under the leadership of the African National Congress in 2013 we have increased this number to 1 133 police stations across South Africa. In 1985 the ratio between police and population was 1.4 per 1 000. Twenty years after democracy under ANC rule, the ratio is 1 operational police officer per 303 members of the public. This is one of the best ratios in the world today. In 1994/5 the budget of the SAPS was R7 403 310 billion. In 1999, the private security industry’s profit was more than the total of the SAPS budget. Today, under the leadership of the African National Congress, we are considering a budget of R67 917 100 billion.

It is important to acknowledge these gains and to celebrate these victories.

Honorable Speaker, Honorable Minister while I will be dealing with the Administration program and the Visible policing program, the Honorable Sibiya will deal with the Independent Police Investigative Directorate, the Honorable Lekgheto with Protection and Security Services and Crime Intelligence and the Honorable Molebatsi with Detectives and the DPCI or Hawks.

The Administration programme received the largest increase of all programmes and have a budget of R17.3 billion. According to the Budget allocation in this programme, a significant increase in the spending in the building environment was highlighted. We welcome the plan to increase spending on police accommodation and would urge the Department to speed up the refurbishment of specifically police barracks. We have visited some of these and they are in general state of despair. If we expect the best out of our police personnel then we must address their living conditions.

The African National Congress welcomes the Ministers announcement that Human Rights training will be reintroduced in the basic training of police recruits. The African National Congress believes that this should form the basis of training within the SAPS. Our constitutional democracy is underpinned by a Bill of Rights. That is the type of policing that we expect. We believe that it forms the basis for the police to understand the way that they should police – they are implementers of the law, they are not beyond the law, neither are they the law.

Every incident where a police officer acts outside the boundaries of the law is totally unacceptable. It endangers the lives of the law-abiding police officials and breaks the trust of the public in the SAPS and through that undermines our fight against crime. The African National Congress will support every effort that is made to rid the SAPS of this small number of ill disciplined and rogue officials and awaits the Ministers announcement in this regards in great anticipation.

For years we have been pleading for proper career planning in the SAPS. It is our firm belief that a process where a discussion with a new recruit takes place and where their career is planned with them is what is required. We welcome the recruitment to retirement approach. This is a long overdue development if a professional police services is what is aspired to.

Honorable Speaker and honourable Minister, professionalism is what drive excellence in service delivery. SAPS have to inculcate that in their daily practice that they have to respect the people they are policing. Professionalism means that they do not shout back, swear and utter profanities or assault members of the public. Professionalism means that they do the job with the dignity it deserves and with the minimum fuss. It is not to show the public that “we are in control”. Apartheid policing made that mistake. We dare not follow.

The wellness of our police officials remain a big concern and the ANC would like to urge that much more focussed attention should be placed on this. This must be seen as an engaging process and not an event culminating in a celebration of a kind. Our crimes are violent, our police officials must get the necessary psychology support to deal with this – we should do away with voluntary counselling and put in place compulsory counselling where officials was exposed to violent scenes or involved in shooting. This is but one of the elements of the system that must be in place if we want to promote ethical and professional policing. The others that need to be strengthened are training and promotions and enhancing accountability such as the discipline system and performance management. These need to be transparent and accessible to all. The execution thereof needs to be equitable and fair. That will boost morale and enhance pride and promote professional conduct.

The IT environment within the SAPS remains a service concern. This environment must assist SAPS to work smarter. This environment remains challenged and seems to be open to manipulation. The projects that are of concern in terms of processes, deliverables and actual implementation are amongst others, the E-docket system, the CFR database, TETRA and PCEM. We welcome the project milestone targets for the CJS and IJS but would have liked to see measurable targets for the Departments ICT/IS plans. We believe that this environment deserves special attention and close scrutiny. At this point Honorable Speaker I would like to address private companies doing business in this field. It is unacceptable that they propose excessively expensive and sometimes outdated solutions to the SAPS in particular and government in general. South Africa is not the dumping ground for obsolete solutions and equipment. SITA must be more vigilant in its engagement with big business. From the ANC we would like to welcome your announcement of a commission to investigate unscrupulous firearm dealers and whether any collusion between them and officials in the department took place. If this is true they need to face the might of the law.

Visible policing is the biggest program in the SAPS and accounts for 46% of the budget, or R31.5 billion. This includes as sub programmes crime prevention, Border Security and Specialized interventions. This programme has a funded establishment of 107 300 members. This programme is at the coalface of crime fighting. They represent the public face of the SAPS to the public and are often the first point of contact.

This responsibility must be stressed to officials in this environment. One of the issues of concern that remains in this environment is the number of station commanders still not fully trained. Command and control at station level impacts on the effective utilization of human and capital resources and the perception of service delivery. The African National Congress would like to urge the Minister to ensure that a pool of trained station commander candidates is available. Appointments can then be made from such a pool of candidates when positions become vacant.

Sector policing remains the preferred policing for crime prevention. We know that where sector policing is properly implemented and managed, it bears results. We need to see a concerted effort and managed drive to fully implement sector policing.

A matter of concern is the fact that the Resource Allocation Guide (RAG) is outdated and that impacts extremely negative on the ability to deliver services at a station level. The RAG is based on outdated Census data of two censuses back and thus resource allocations do not keep up with the growing commuities. We welcome the move to upgrade it, but would plead that it be done on a more regular basis so as to prevent a gap that in the end will be insurmountable.

Building new police stations and the location of those stations remains a challenge. The African National Congress would urge the Minister to reach an agreement with the Minister of Local Government and the Minister of Housing where in when new town developments are planned – it includes the SAPS. Police Stations and their location must form part of early planning; integrated into new developments.

The Civilian Secretariat of Police is functioning under its own legislation. The Secretariat Act allows the Secretariat to play their role as a civilian oversight body as envisaged in the constitution. We can see the difference but believe there is room for further improvement. The African National Congress would like to see the Civilian Secretariat of Police become a source of excellence and be a leading authority in the country, the continent and the world in developing forward looking policy in policing. The ANC would like to commend the Monitoring and Evaluation Unit in the Secretariat for the work they do. We call on SAPS to see the Secretariat as an important partner in providing security to our country.

Honorable Speaker, Honorable Minister fighting crime can never be the duty of the SAPS alone. We know that many of our crimes are committed while offenders are under the influence of narcotics. Society as a whole should actively become involved in the fight against crime. We need to address the root causes of crime, the social ills that contribute towards crime. We need to embrace the fight against crime. As we united around hosting a successful Soccer World Cup, as a nation we need to get together again. Together we can and shall do more.

Allow me to thank all the Members of the Committee. Despite the showmanship that we will see here today, the majority of Members work together with commitment to oversee the work of the Department and to put forward the best possible legislation. To the support staff of the Committee my sincere appreciation for hard work, more often after hours. Your commitment does not go unnoticed.

Honorable Speaker, Honorable Minister those police officials within the SAPS that make a difference to the quality of our lives do so because to them it is a calling. I would like to take a moment to salute every man and women in blue to whom this is not just a job, those who put their lives on the line on a daily basis, willing to take a bullet for us. My call to you is to take ownership of the South African Police Service, to rid yourself of the few bad apples and to wear this uniform with the pride that it deserves.

The ANC supports this Budget.

I thank you.

Dianne Kohler Barnard, Shadow Minister of Police

Highlights:
Police brutality has led to SAPS putting aside 32.8% of its massive budget for contingent liabilities - R20,5 billion. Most of this is to pay civilians for having been shot, raped, beaten, robbed, hijacked, raped in cells, illegally detained, run over, wrongfully arrested, or to the families of those tortured or murdered - all of these actions perpetrated by SAPS members;
Minister Nathi Mthethwa is wasting taxpayers’ money and time by challenging the Western Cape’s Community Safety Act and the establishment of a Commission of Inquiry into the inefficiency of the police and breakdown in relations between the community and police in Khayelitsha;
Forensic backlogs are on the increase again;
A Public Service Commission report has revealed that 20% of detectives are without the most basic of training;
The lack of understanding of the SAPS’ needs by the Minister sees us having 27 000 SAPS members with firearms, but no licences; stations with vehicles but 16 594 cops without driver’s licences and cops too overweight and unfit to catch a cold let alone a criminal.

There can surely be no greater sacrifice than to put one’s life on the line to protect one of our citizens. Each year in the South African Police Service (SAPS) annual report we read the names of those officers who did just that. They died doing a job they love, protecting us. They are real heroes.

And what made them real heroes is that they continued to do their job, possibly the toughest job in the world, in the face of actions by their colleagues that brought this nation great shame.
The Marikana Massacre;
Mido Macia dragged off behind a police vehicle then beaten to death;
Andries Tatane shot to death in front of the nation’s eyes on television;
Anene Booysen – a gang rape investigation gone bad;
SAPS colleagues driving off dragging a court interpreter by the neck in North West;
Guptagate;
the remilitarisation of the SAPS along with the shoot-to-kill mantra leading some of their colleagues to treat protestors and even non-protestors as ‘The Enemy’.

This is, of course, just a small sample of why the SAPS had to put aside 32.8% of its massive budget for contingent liabilities - R20,5-billion. Most of this is to pay civilians for having been shot, raped, beaten, robbed, hijacked, raped in cells, illegally detained, run over, wrongfully arrested, or to the families of those tortured or murdered - all of these actions perpetrated by SAPS members. 

There were almost 5000 complaints against SAPS members this past year. 720 were deaths by SAPS members, 88 cases of domestic violence by SAPS members, 2320 allegations of criminal offences by SAPS members. We’ve seen the filmed footage of a number of these cases, as has the rest of the world, and yet the President refused my request to establish a Judicial Commission of Inquiry into Police Brutality – saying it was unnecessary.

I beg to differ.

It is this brutality, coupled with quite possibly the most inferior training regime in the world, that led to the results revealed in the SA Institute for Race Relations investigation that 1.7 million crimes went unreported to the police in 2011, a massive vote of no confidence in our SAPS.

Particularly horrifying was the claim that three murders a day go unreported. Of the 3.3 million crimes experienced by us in 2011, only 48% of these were reported.

Indeed as a nation we should hang our heads in shame that only one in 10 victims of rape go to the SAPS. This means that if official statistics show 70 000 rapes reported during the annual crime stats release circus this August, that means at many as 700 000 women, children and men were raped.

The vast majority of our SAPS members know this, and yet they still go in to work each day willing to take a bullet for you or me.

The SAPS certainly has the budget to supply our stations with the equipment they need.  Of course they should automatically have running water, toilets and electricity – yet there are stations without some, or even all three of those essentials. Instead the management finds what it considers to be other priorities – such as choosing to pay R4,039 billion to consultants.

Among those, for example, R11.7 million was spent on adult education courses for SAPS members, despite a matric being a prerequisite for joining the SAPS. This, 20 years after democracy, doesn’t say much for our education system, does it?

Then there is the fact that we send our officers off to capacitate other countries, if that is indeed what they do there. There are 15 members going to South Sudan with another 53 members today awaiting deployment to Darfur.  This Darfur mission was started in 2005 at a cost of R12- million annually. This while we have stations without water and our Public Service Members striking yesterday, today and again next month for the increases they were promised back in 2011. Over R96 million of public funding is going instead to South Sudan and Darfur while SAPS pleads poverty.

Of course there are other reasons for the SAPS to plead poverty, all of them preventable. Usually they may be categorised as bungles, criminality or just utter stupidity. I would put in the latter category the fact that the multi-million rand AVL SAPS car-tracking system contract lapsed because the last disgraced National Police Commissioner Cele only signed the renewal three days after it expired.

The criminality relates to the seven multi-million rand contracts currently being investigated – where hundreds of millions seem to have simply disappeared.

The Special Investigating Unit is still investigating the two ridiculously expensive National Police Days, so we’ll have to wait and see which of the three categories they fall into.

Then there are the generic issues that see SAPS actions boosting crime, which they then have to fight.

In 2010 the Minister of Police stated publically that he really was going to be tough on SAPS members who ‘lost’ their firearms - automatic dismissal.

Thus far, SAPS firearms lost: 13 000. Dismissals: 0.
                                                       
I did ask whether or not there were serial offenders, officers who “lost” a firearm annually in lieu of a 13th cheque, and they didn’t know.

While general looting of SAPS coffers continues, such as in Crime Intelligence, there has on the other hand been a massive dropping of crime fighting targets. This is the core mandate of our Police, but as the SAPS fails to reach a target so they drop it.

The 7 -14% dropped to 4 – 7 % which dropped to 2%, 1% or in some areas they’ve said they’ll be content to maintain the status quo. This for a R67.9 billion budget

Meanwhile they have quietly erased certain measurements that annually shamed them, such as how many officers don’t have bullet proof vests or firearms. The Rural Safety Strategy has evaporated as has the reporting on murders and attacks of farmers and farm workers. What they don’t like, they prevent us from seeing, rather like the Guptagate Report before the snap debate last week.

The same is happening to our reservists – turned away from SAPS doors since 2008 when a bizarre moratorium on the taking on of this free labour was instituted. This even though on January 15, 2010 this Minister answered my Parliamentary question saying the moratorium had been lifted. It hadn’t. It still hasn’t. So for five years the call to communities to assist in the fight against crime has seen them turned away at the door.

I have no doubt this is an intentional move.

It’s as intentional as the retaining within the SAPS of thousands of convicted criminals who committed a crime and got away with a fine. Rather like here in Parliament. Even if a SAPS member has to pay a R30 000 fine for, for example, grievous bodily harm, beating someone almost to death, they don’t miss a day at work, or have the firearm taken from their hip. One has to ask how seriously we can take SAPS that allows criminals to skulk in their ranks.

This has been one of the dangers of mass recruitment. In 2008 with anyone and everyone being scooped into the Service and the Reservists, we were left with masses of poorly trained, poorly managed officers, sometimes with criminal records, and of course no internal Anti-Corruption Unit.                                                                 

This was thanks to the disgraced National Police Commissioner (NPC) before the last disgraced NPC, Jackie Selebi, sentenced on 2 July 2010 to 15 years imprisonment the impact on our SAPS was cataclysmic.  

The shame he brought on SA was off the Richter scale, yet he never saw the inside of a cell. Since July last year he’s been back living in his mansion, still owing us R17-million.

Meanwhile the criminal case laid by the DA against Bheki Cele as a result of the Public Protector’s report on the scandalous lease deals is so far on the back burner it has gone as cold as a spent cartridge.

It’s all about attitude, and leading from the front and as long as recycled politicians and quasi-politicians are given the job as NPC, there is no one our SAPS members can aspire to be.

For example, despite all the Women and Children First rhetoric we hear annually, SAPS members seem universally incapable of taking Domestic Violence seriously. In 35% of cases they fail to arrest an abuser, and in 17% fail to arrest them even when an arrest warrant has been issued. They simply refuse. They aren’t thrown out of the SAPS either. This while 2 500 women are murdered here each year.  Indeed our femicide rate is five times the global average.

Perhaps this is all because those at the highly-paid top have been too focussed on the whole grubby Mdluli saga to see what’s going on in front of their eyes. He’s now been sitting at home on full-pay for a year, while his two colleagues are being charged with theft, fraud and corruption relating to the looting of the Crime Intelligence slush fund.

So we sit with an acting head of Crime Intelligence until this matter is dealt with. However it’s extremely embarrassing for the Police Portfolio Committee to grill the SAPS on this and the rest of the empty posts filled by mere Acting hosts when indeed  the very person who sits in as head of our Committee has been in an acting position for a full year.

Consider Honourable van Wyk. There is no one in this room, bar myself perhaps, who knows more about the SAPS and our portfolio committee than she does. She has done an exemplary job in this position, when I felt sure no one could even begin to fill the shoes of Hon Chikunga.

The question is, until such time as this country becomes a mature democracy and appoints opposition members to lead all portfolio committees as is done in so many countries around the world, why on earth have you not appointed her? Stop dithering and get on with it.

This committee has work to do, such as asking why backlogs are on the increase again, despite our having spent billions on the Forensic Laboratories. It doesn’t help that the Health Department labs are totally dysfunctional making it virtually impossible to convict drunk drivers because it takes over a year for them to process a simple vial of blood.

With the DNA legislation finally coming before us on Tuesday, after years languishing before Cabinet, I did find myself wondering if we have the capacity to handle the proposed criminal DNA database.

Another red flag for South Africa is that in three years the rhino population in the Kruger National Park will enter a negative growth phase. Five years later - by 2020 - there will be no rhinos left in there at all.

Wildlife products leave SA for Southeast Asia, and from there to China and Asia, and international research shows that poaching tends to thrive in places where corruption is rife, government enforcement is weak and there are few alternative economic opportunities.

The entire wild population of white rhinoceros could be lost by 2021.

How could we have reached this stage? I believe it's because of three years of vapid Empty Suit leadership. This has sent discipline and professionalism into freefall.

Crime statistics barely dropped last year and it is accepted that the SAPS presenting crime statistics is like allowing matriculants to mark their own exam papers.

There seems to be an inability to understand that a lack of training is the key. A Public Service Commission report has revealed that 20% of detectives are without the most basic of training. We know only 3.3% of SAPS members are trained in sexual offences. Cases are thrown out of court and criminals remain on the streets. 

It is this lack of understanding of the SAPS’ needs that sees us having 27 000 SAPS members with firearms, but no licences; stations with vehicles but 16 594 cops without driver’s licences and cops too overweight and unfit to catch a cold let alone a criminal.

The Minister continuously bends over backwards to appease COSATU, as seen with his firing of cleaners and security guards with no planning for the chaos these moves would cause. SAPS offices are now filthy, and crime fighting reservists were asked to act as security guards.

He has failed to bring the crime rate down significantly, sent untrained police officers out to face death and failed to deal with police brutality and corruption.

Meanwhile he wastes taxpayer’s time and money playing politics, such as his fight against the introduction of the Community Safety Bill in the Western Cape, or challenging the right of the WC Government to institute a Commission of Inquiry into the breakdown between the community and police in Khayelitsha.

Now a word to the real police in this chamber. You don’t need the politics and gimmicks that emanate from government.

You’re being leaned on by politicians while policing priorities are dictated by the news-cycle rather than by what works. It’s time to refocus, because you already have the laws and the powers to take back our country street by street. All you have to do is implement what exists.

You are under enormous pressure in the face of organised crime and threats to national security. You must be able to go about your job without worrying about the next edict to come from on-high. You must be given the licence to police. How?

By working with the local people, by developing local strategies, by welcoming  your CPF link to the public and by understanding that communities have the right to demand the removal of station heads if they aren’t up to scratch.

Citizens are expected to compare standards between schools in their area, patients between the performance of various local hospitals, and they should also be able to do the same with local police stations.

We must give the public much more information about crime in their streets, with detailed crime map of the crimes in their area. They must know where they are at risk. Enough with the secrecy that is costing us our lives.

Our citizens pay a fortune to you, and to private security, and they must be able to challenge you, and your performance. If you were free to train, equip and perform as I know you can, I believe the need for private security in South Africa would simply cease.

We can go on as we are. We can continue to swallow inexperienced officers put in as leaders and expected to learn on the job; citizens living in fear; known best for our world class criminals and the fact that 47 of us are murdered each day

Or we could turn this page of what is an ineffectual, excuse-ridden management. We could take back all that is good and great of the SAPS, allowing you to promote the best, to be the best you can.

I believe you want to answer to the people you signed up to serve and protect, and I believe you should be allowed to do just that. Today South Africa deserves, and pays for, a highly professionalised and top performing police service.  But we don’t yet have one.

You have a veritable Mount Everest to climb, but there is enough that is great and good in the SAPS, and I believe that we will see you back up there with these disgraces behind you, once again a service with members our citizens run to for help, and not run from in fear.

Dirk Stubbe, Shadow Deputy Minister of Police

Highlights:
The South African Police Service’s Crime Intelligence unit is not properly legislated;
Crime Intelligence receives R2.7 billion but also has a “secret” fund with an undisclosed amount. There is no oversight over this slush fund;
Crime Intelligence is not regulated through national instructions but through standard operating procedures which are classified.
We need appropriate legislation to regulate the functioning of Crime Intelligence. The DA is of the opinion that it is now the right time for Parliament to pass legislation in this regard.

Since 2009 the South African Police Service’s Crime Intelligence (SAPSCI) enjoyed headline status in the local and overseas media for the wrong reasons. This negative publicity has tarnished their image and undermined the pivotal role they have played in the prevention of crime in our country.

The greatest issue was the investigation of Richard Mdluli as head of SAPSCI which also resulted in the implication of General Lazarus and other senior members in fraudulent actions.

Crime Intelligence Officers are at all times expected to be professional and honour their code. They must realise that they are not above the law and that they are accountable to Parliament and the people of South Africa.

Minister, many of the apparently fraudulent actions might not have happened if the SAPSCI was properly legislated. Another constraining factor is the current budget allocation to SAPSCI.

The budget allocated amounts to R2.7 billion in 2013/14. But that is not where it ends. There is also a “secret fund budget” with an undisclosed amount that is not accounted for publicly.

Now this is the problem, the budget under vote 25 police is exposed to a comprehensive oversight process driven by the Portfolio Committee on Police while the secret fund budget falls within the ambit of the Joint Standing Committee on Intelligence (JSCI).  

It is within this budget that fraud that was uncovered but only dealt with after the damage was done.

Crime Intelligence is currently regulated by two pieces of legislation namely, the South African Police Services Act 68 of 1995 and the National Strategic Intelligence Act no 39 of 1994, the latter also governs over the State Security Agency and the Defence Force’s Military Intelligence.
However Crime Intelligence operates within unique circumstances through mainly covert operations. As such they are not regulated through national instructions as is the norm within SAPS but rather through standing operating procedures (SOPs) which are classified. These documents direct the procedures of Crime Intelligence members to follow when they execute their duties and not being able or in a position to see what the SOPs entail, makes it very difficult to ascertain whether the operations are adequately regulated, therefore effective oversight is doubtful.

Minister, what is needed is appropriate legislation to regulate the functioning of Crime Intelligence. I am thus of the opinion that it is now the right time for Parliament to pass legislation in this regard.

 

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