Private Security Industry Levies Bill: briefing

Meeting report

SAFETY AND SECURITY PORTFOLIO COMMITTEE
20 March 2002
PRIVATE SECURITY INDUSTRY LEVIES BILL: BRIEFING

Chairperson: Mr M George (ANC)

Documents handed out
Private Security Industry Levies Bill [B11-2002]
Presentation on Bill (Appendix 1)
Civilian Oversight Document (Appendix 2)
Transformation of SAPS (Appendix 3)
Legislation to be introduced (Appendix 4)

SUMMARY
The Committee was briefed on the Private Security Industry Levies Bill. There was dissatisfaction with the fact that the Committee did not have any power to make amendments to the Bill. Members were uncertain as to whether the Bill even warranted serious discussion considering these circumstances. Various sections of the Bill were discussed and points of clarification given. It was agreed that Members take the Bill back to their parties for consultation.

The SAPS Secretariat also briefed the Committee on civilian oversight within the SAPS and gave notification of the legislation that was to be introduced in the future.

MINUTES
The Chairperson explained that the Private Security Industry Levies Bill had come to the Committee on the recommendation of the Portfolio Committee on Finance. He pointed out that the Committee did not have any powers to amend the Bill as it was a money bill and their role was only to accept or reject the legislation.

Briefing on the Private Security Industry Levies Bill
The legal team of SAPS was called upon to clarify aspects of the Bill and also to explain why it was now in the hands of the Portfolio Committee.

Adv Koch of the SAPS told the Committee that the Bill was very important as it was decided that a separate money Bill was needed to operate in conjunction with the Private Security Industry Regulation Act that was put into operation on 14 February 2002. The cost of regulating the Private Security Industry Levies Bill would be born by the industry itself and therefore would not be an obligation of the state. The only financial obligation on the State would be paying for the appeals processes.

After substantial interaction with the Treasury it was decided that this Bill would be handled by Safety and Security. Treasury had agreed that they would not take the Bill to Parliament but that their Minister would introduce it in Parliament. The Bill is important because once it was passed the old levy funding provisions could be replaced by those stipulated in the Bill.

Adv Koch then ran very briefly through various clauses of the Bill to explain their relevance.

Clause 4
In reference to Clause four dealing with the basis for determination and payment of levies, it was pointed out that levies would be in the form of salary deductions. There was to be strict regulations to ensure that the security businesses paid the levies on behalf of their employees.

Clause 6
In reference to Clause six dealing with the duration of the levy, it was mentioned that in terms of decisions made by the Treasury, the levy regulations would be reconsidered every five years.

These were the only clauses explained in any length by Adv Koch.

Discussion
Mr Maziya (ANC) asked what the point was of discussing this Bill considering that the Committee had no power to make any amendments. He suggested that the discussion be suspended until there was further clarification on exactly what the role of the Committee was.

Mr Swart (DP) said that although the Committee had no power to make amendments, the Bill nevertheless warranted some discussion. He made a number of queries on the Bill. Firstly, he questioned Clause 2(b) and (c) and asked what the "variation" would be.
He also asked for clarification on Clauses four and five. Was it the intention of the Bill that security officers who only worked for a couple of days of the month were liable for the entire month's levy?

Adv Koch assured the Committee that a review of the levy system would be conducted in its entirety every five years. In response to the question on Clauses 4 and 5, it was pointed out that the monthly levy was seven rand. It would therefore be time-consuming to apportion a percentage of this from an security officer who did not work the entire month.

Mr Meshoe (ACDP) reiterated the earlier plea as to whether there was any point of conducting the discussion considering that no amendments could be made.

Mr Zondo (ANC) asked if there was any possibility of having a joint meeting with the Portfolio Committee on Finance so that the grey areas could be sorted out.

Adv Koch welcomed the suggestion that a joint meeting be held with the Finance Committee. Such a meeting would allow for clarification of Clause 6, which was included on the insistence of the Treasury.

Adv Koch disagreed with the assertion that the meeting was a waste of time. He felt that it was important that the Committee critically analysed whether it was appropriate that the private security industry have levies imposed on them.

Mr Booi (ANC) stated that he also sat on the Finance Portfolio Committee. As far as he was concerned the Bill did relate to safety and security matters. He suggested that the relevant Chairpersons meet to decide on what can be agreed upon and what was in conflict.

Mr Ndlovu (IFP) said that as a matter of principle it was unacceptable that the Committee could not make any amendments.

Mr Swart confirmed then that the only way to amend the Bill would be to reject it. He asked the SAPS representatives whether the Finance Committee had powers to amend the Bill. He commented that mechanisms for amending legislation were clearly inadequate in this case.

It was confirmed by the SAPS legal team that the Finance Committee also did not have the power to amend the legislation.

The Chairperson concluded this part of the briefing by suggesting to all Members that they take the Bill back to their parties to decide what stance to take on the issue. At the next meeting there would be a straight acceptance or rejection of the Bill as it stood.

Briefing on Civilian Oversight
The next part of the meeting was a presentation of the civilian oversight document as prepared by the SAPS secretariat (see attached document).

The secretariat then outlined the proposed legislation it would introduce in the future. The timeframes within which the legislation was likely to be introduced were also given (see attached document). A number of Members praised this development, as there was clearly a need to ensure that new legislation was introduced soon.

The Chairperson concluded the meeting by suggesting that all Members carefully review the documents provided by the SAPS secretariat and draw up questions for the next meeting.

The meeting was adjourned.

Appendix 1:
PRESENTATION TO THE PORTFOLIO COMMITTEE ON SAFETY & SECURITY
SUBJECT: THE PRIVATE SECURITY INDUSTRY LEVIES BILL, 2002

DATE: 20 MARCH 2002.

1. INTRODUCTION

The Private Security Industry Regulation Act, 2001 (Act No.56 of 2001) which was passed by Parliament in November 2001 and put into operation on 14 February 2002 provides, amongst others, for the regulation of the private security industry by a Private Security Industry Regulatory Authority that will act through a Council of 5 members who are required to be independent and not to have any interests in the private security industry. The costs of regulating the private security industry will be borne by the members of the private security industry registered with the Regulatory Authority. The funds of the Authority will be derived largely from the imposition of levies upon the members of the private security industry by the Regulatory Council. There are no financial implications for the State, other than payment in terms of the Act of the fees of the members of the appeal's committee to preserve their independence.

2. STATUS OF BILL & PROCEDURE TO BE FOLLOWED

The Private Security Industry Levies Bill, 2002 provides the legal framework for the imposition of levies and matters incidental thereto. This Bill is intrinsically linked and related to the Private Security Industry Regulation Act. Section 77 of the Constitution of the Republic of South Africa, Act 108 of 1996 provides that a Bill that appropriates money or imposes taxes, levies or duties is a money Bill and in terms of section 73(2) of the Constitution, it is only a Cabinet member responsible for national financial matters who may introduce such a Bill in the Assembly. The Bill was introduced in Parliament by the Minister of Finance on 15 March 2002.

It is submitted that the Bill is a money Bill according to the provisions of section 77 of the Constitution and not according to the provisions of section 76. Procedurally, the following can be said -Section 76 of the Constitution deals with ordinary Bills affecting provinces and refers to Bills falling within the functional areas listed in Schedule 4 to the Constitution;

Schedule 4 makes reference to functional areas of concurrent national and provincial legislative competence;

This Bill falls outside the scope of Schedule 4 as the matters dealt with in the principal Act and the Bill is solely a national competency;

Section 76(6) of the Constitution provides a definitive answer to the procedure to be followed by specifically providing that " this section does not apply to money Bills";

Section 75 provides the procedure that has to be followed with regard to this Bill, as money Bill. This Bill has to be passed in accordance with the procedures laid down in section 75.

3. SUMMARY OF PROVISIONS OF THE BILL

In general terms, the Levies Bill makes provision, not only for the imposition of levies by the Regulatory Council, but also for the use and management of levies, payment of levies, consequences for non-payment and for the assessment of the performance of the Authority.

Clause 1 of the Bill contains the definitions which must be read in the context of the Private Security Industry Regulation Act, 2001. This clause has additional definitions that are not catered for in the Act.

Clause 2 of the Bill empowers the Council of the Private Security Industry Regulatory Authority to-

-impose levies on private security service providers and private security officers for the purpose of meeting the general administrative and other costs of the Authority and the functions of the Authority;

-vary the levies;

determine interest payable ; and

-determine differential levies payable for different categories or classes of security service providers.

The purpose for the imposition of levies is to enable the Regulatory Authority to meet the general administrative and other costs of the Authority and the functions performed by the Authority.

This clause further provides for procedural matters relating to the imposition, variation or determination. The Minister for Safety and Security, who is responsible for the Private Security Industry Regulation Act 2001, is required in specified instances to act with the concurrence of the Minister of Finance on matters relating to the imposition, variation or determination.

Clause 3 of the Bill provides for the Regulatory Authority to manage and use the levies for the Authority, deposit the levies and interest collected into an approved bank account and to keep proper record of all levies and interest collected and disbursed. The Council is required to submit annual reports to the Minister for Safety and Security, to submit to such Minister a budget of estimated revenue and expenditure of the Authority for the next financial year in terms of the Public Finance Management Act and a corporate plan of the affairs of the Authority for its following three financial years for approval. Any approval of such documents must be done with the approval of the Minister of Finance. These provisions are necessary to ensure the accountability of the Regulatory Authority to the Minister for Safety and Security and to the Minister of Finance.

Clause 4 of the Bill places certain obligations on registered security providers to deduct and pay to the Authority the applicable monthiy levies; to notify the Authority of certain details of employees, in addition to imposing certain penalties as a result of non-payment of levies. These provisions are necessary to place an obligation on employers or security service providers to deduct levies from the remuneration, reward or fee of security officers and pay such levies deducted to the Authority.
These obligations will contribute to the financial viability of the Regulatory Authority.

Clause 5 of the Bill deals with the consequences that security businesses will be faced with in situations where such businesses fail to comply with an obligation provided for in the Bill. Provision is made for suspension of registration, lapsing of registration, withdrawal of registration and liability for making deductions of levies and the paying over of such levies. These consequences will assist the Regulatory Authority in the proper and effective regulation of the industry and will also compel security businesses to comply with the obligations imposed upon them in terms of the Bill.

Clause 6 of the Bill provides for a sun-set clause. A levy will lapse after a period of five years after the day it was introduced and matters related thereto. The Minister for Safety and Security is empowered to approve or disapprove a re-imposition of the levy and to provide reasons for disapproving a re-imposition of a levy, and in so doing he or she is required to act with the concurrence of the Minister of Finance.

Clause 7 of the Bill empowers the Minister for Safety and Security to commission the assessment of the performance of the Authority to be made for consideration by the Minister for Safety and Security and the Minister of Finance.

Clause 8 makes the Act binding on the State.

Clause 9 provides for the repeal of the certain provisions of the Security Officer's Act, 1987 as well the regulations.

Clause 10 deals with the short title and commencement of the Act.

It is submitted that the Bill contains sufficient provisions and checks and balances to ensure that the Funds of the Authority are well-managed and that the Regulatory Authority operates in a transparent and accountable manner. The Bill empowers the Authority to address any situations arising out non-compliance with regard to the payment of levies.

Presented by: The Secretariat for Safety & Security
PRETORIA
20-03-2002

Appendix 2:

CIVILIAN OVERSIGHT

CONCEPT DOCUMENT
Presentation to the portfolio Committee

Monitoring Framework 2002/3

PURPOSE

- To articulate the role and objectives of the Secretariat

- To communicate the concept of a Monitoring Framework and a Monitoring Centre for the monitoring, analysis and reporting of information in respect of police service delivery and operations

- To obtain consensus and a principle agreement with stakeholders on the implementation of a Monitoring Framework and Monitoring Centre

MANDATE

- The establishment of the Civilian Secretariat is provided for in the Constitution (s208). The SA Police Service Act (s3) stipulates the functions of the Secretariat for Safety and Security, and these are to:

- Advise the Minister in the exercise of his or her powers and the performance of his other duties and functions;

- Perform such functions as the Minister may consider necessary or expedient to ensure civilian oversight of the Service;

- Promote democratic accountability and transparency in the Service;

- Promote and facilitate participation by the Service in the Reconstruction and Development Programme;

- Provide the Minister with legal services and advice on Constitutional matters;

- Provide the Minister with Communication, Support and Administrative services;

- Monitor the implementation of policy and directions issued by the Minister and report to the Minister thereon;

- Conduct research into any policing matter in accordance with the instructions of the Minister and to report to the Minister thereon;

- Evaluate the functioning of the Service and report to the Minister thereon.

PROVINCIAL OVERSIGHT MANDATE

The Constitution (s206(3)) states that the provinces (read Secretariats) are entitled to:

· Monitor Police Conduct

· Monitor the effectiveness and efficiency of the police service, including receiving reports on

the police service;

· Promote good relations between the police and the community Assess the effectiveness of

visible policing; and

· Liaise with the Cabinet member responsible for policing with respect to crime and policing in

the province

· Investigate, or appoint a commission of inquiry into any complaints of police inefficiency or a

breakdown in relations between the police and the community.

BACKGROUND

- The Secretariat has undergone tremendous organizational changes following the appointment of the Minister in 1999 and the National Commissioner and Secretary in 2000.

- The PFMA provides for a single Accounting Officer for a Department. The Public Service Act provides that the National Commissioner is the Accounting Officer for the Department of Safety and Security. The consequence of these provision is that the Secretariat reports and accounts to the National Commissioner.

- Consequently, the institutional arrangements envisaged by the White Paper on Safety and Security are not realisable.

- The structure responsible for co-ordinating the National Crime Prevention Strategy was re-located to the SAPS.

- The staff turnover was also high.

- There was loss of momentum on implementation of a coherent strategy for monitoring and analysis and communication with the provinces dwindled.

- Prior systems that were in place for monitoring and analysis were also not effective

- Accordingly there is need to create afresh a Monitoring and Analysis Framework and a strategy for implementation.

Following from the provisions of the SAPS Act and Constitution, the Secretariat identified the following Vision, Mission and Strategic objectives:

VISION

An effective, efficient, transformed and democratically accountable SAPS directed by a Minister who is well-advised, supported and assisted oil all matters regarding safety and security.

 

MISSlON

To ensure effective civilian oversight of the SAPS through monitoring and evaluating the functioning of the Service and the provision of legal and policy advice to the Minister, as well as to provide the Minister with administrative and communication support.

STRATEGIC OBJECTIVES

- To monitor and encourage effectiveness and efficiency of police strategies and operations

- To enhance transformation within SAPS

- To evaluate and improve service delivery by SAPS at station level

- To encourage and enhance responsible community participation in crime prevention at station level

- To provide and engage in effective policy evaluation and development and to monitor and evaluate policy implementation.

- To ensure co-ordination and integration of the CJS

- To offer advice, as appropriate to the Minister on a range of safety and security issues

ENVIRONMENTAL SCAN

Factors influencing the establishment of a Civilian Oversight Monitoring

Framework:

- Information about key performance issues is dispersed or simply not available

- There is little or no co-ordination between the number of 'monitoring units' within the Department

- No real mechanisms exist for central monitoring and analysis of data

- No system for knowledge management (the know-how rests in people's heads)

- No consistency in the interpretation of performance

- Not able to 'red flag' issues or disaggregate data

OPERATIONALIZATION

The Framework is an instrument employed to enable and 'capacitate' the Secretariat in fulfilling its mandate of ensuring civilian oversight of the SAPS. and also of evaluating the functioning of the SAPS. This will be operationalized through the activities of the Monitoring Centre.

The specific activities that define the functioning of the Centre will be (but not limited to):

- Creation of databases

- Filtering of information

- Integrate, consolidate and dis-aggregate data

- Prioritization of focus areas

- 'red flagging' for management attention

- Dispersion of information in standard format

- Provide visibility and transparency on SAPS performance

MECHANISM

An internal team of analysts (researchers) will be appointed to drive the Monitoring Centre's activities. Among other things the team will:

- Collate relevant information from the Provinces (Secretariats, NGOs, Gov Depts)

- Track progress on key indicators in various operational areas

- Update progress on weekly/monthly basis

- Develop 'best practice' cases

- Comparing information between provinces/areas I etc.

- Categorize areas according to performance and identify points of intervention

CHARACTERISTICS

For the Centre to be successful it should have the following characteristics:

- Be central and at a single place for all information to be accessible

- Be responsive

- Be current to have a finger on the pulse of progress Able to function both re-actively and pro-actively

- Be flexible and dynamic

- Be accessible in a central point for guidance, advice and decisions

- Be armed with right information to aid difficult decisions

- Be able to turn around requests, queries and decisions rapidly

DATA

The following data types at National / provincial / Area / station level will be captured at the Centre:

- Crime data (geographically and over-time)

- Socio-economic data

- Service delivery data

- Organizational data

- Police performance data

- Complaints

- Public survey data

LEVERAGE / BENEFITS

This approach to monitoring will increase output and performance of the Secretariat because:

- Access to information on SAPS will be available

- Information will be current

- We will be able to make timeous interventions

- More professional approach to monitoring

- We will be able to measure our own success

- Info gathering will be more consistent I standardized I organized

- Good starting point for the development of a police performance monitoring system

CHALLENGES

To achieve optimal output from the Centre the following challenges should be constantly addressed and noted

- Validity of input

- Adding value

- Sharing of info (protocol)

- User-bility

- Creation of info culture

- Measurement (measuring the right things)

CIVILIAN OVERSIGHT PRIORITIES FOR 2002/3

The Priorities for Civilian Oversight for the remaining part of the 200213 financial year:

a) Monitoring

- Assessment of Service Delivery at Station Level

- Assessment of National Crime Combating Strategy

- Initiate a Police Performance Monitoring System

- Resource Allocation in SAPS*

b) Policy

- Training

- Community Policing Policy

c) Co-ordination

- Strengthening the relationship with the Provinces and strive to align projects for the coming financial year.

- Improve on administration and support for and create linkages between MINCOM, ECC and Heads of Secretariats Meetings.

d) Social Crime Prevention / Public Education

- Mobilize communities through an extensive public education and awareness campaign so as to maximize participation in crime prevention activities / projects.

e) Legal Services

Review of SAPS Act

Monitoring Litigation

Appendix 3:

Presentation to the Portfolio Committee

Secretariat for Safety and Security

Transformation and Service Delivery

Assessment - Project Plan

Transformation and Service Delivery Assessment

- Broad Strategic Objective

- Aim

- Background and Motivation

- Units of Assessment

- Methodology

- Activities

- Deliverables

- Impact

- Budget

Broad Strategic Objective

- To evaluate and improve service delivery by SAPS at station level.

- To assess transformation process

- To suggest interventions for fast tracking delivery system and transformation

Aim

- To evaluate the service rendered by the police to public at station level

- To suggest ways of improving the service to the level that the White Paper on Transformation of Public Service Delivery prescribes.

- To assess transformation process and its impact on service delivery

- To assess public perceptions of service delivery

- To determine a causal relationship between transformation and service delivery in policing

Background and Motivation

- Police station is the strategic business unit of the SAPS

- SAPS set transformation targets and priorities since 1994

- A need to monitor and evaluate the implementation of Batho Pele or service delivery and the

extent of transformation and its impact on service delivery is apparent

- The focus will be on monitoring service delivery at the Community Service Centre and Docket

handling (case investigation) and Operations.

- Targeting the 145 Priority Stations

- Extent of institutional transformation and its impact on service delivery will be assessed

- A number of evaluations and assessments have been done before - the approach here is to see the

linkage between service delivery and transformation

Units of Assessment - Service Delivery

- Customer satisfaction

- Batho Pele Principles - whether SAPS understands this

- Minimum policing standards - good practice (standing orders vs guidelines)

- Performance indicators - clearance rate, detection rate

Units of Assessment -Trans formation

- Resource Allocations - (infrastructure) - what informs the distribution

- Promotions - criteria, ambiguities, inconsistencies

- Appointments - criteria, inconsistencies, address racial profile

- Re-enlistments

- Disciplinary measures - detecting bias

- Morale - what will take to keep the officer happy and productive

Methodology

- Literature review on transformation of public service delivery - SAPS documents - previous assessments.

- A scoping exercise to develop a checklist

- Questionnaire design (two - public + police officers)

- Gap Analysis - service delivery

- Docket Analysis - investigations

- Pilot the instruments

- Implementation in selected stations

Activities

- Literature review and consultations

-Reader group and discussion of draft questionnaires [open-ended questionnaires] (10

days).

- Testing of questionnaire (14 days).

- Fieldwork (90 days - 1000 case docket analysis).

- Data capturing and analysis

- Report writing (20 days).

- Debriefing workshop (1 day).

Deliverables

- The shortcomings and gaps will be identified for immediate redress

- Manual for subsequent assessments for Provincial Secretariats

- The CPFs will also be advised to identify shortcomings and gaps

- A consolidated report including recommendations on the findings will be prepared - conference

- Input in to the development of a Police Performance Measurement System.

Impact

- Better understanding of policing activities Improved service delivery

- Better co-operation with the communities

- Value for money

- Improved image of the police

- Better working conditions

- Decline in Crime levels

Budget

- Travel

- Accommodation

- Research consultancy fees

- Training Workshops - with Provincial Secretariats for preparations

Conference - present the results

Appendix 4:
PROJECT PROPOSAL

STRATEGIC OBJECTIVE: TO REVIEW LEGISLATION OF THE DEPARTMENT OF SAFETY & SECURITY

PROJECT TITLE:

Review of the South African Police Service Act 68 of 1995 ("the Act").

BACKGROUND/MOTIVATION

The current Act was promulgated in October 1995 to meet the Interim Constitution's requirement for legislation to provide for, inter alia, the establishment and regulation of a South African Police Service. The Act was enacted during the period of operation of the Interim Constitution and before the current 1996 Constitution was drafted. The provisions of the Act are by no means unconstitutional as item 2 of the Transitional Arrangements in Schedule 6 of the 1996 Constitution provides for the continuation of existing law that was in force when the new Constitution took effect, subject to any amendment or repeal, and consistency with the new Constitution.

However, notwithstanding its constitutional compliance, there is still a need to harmonize the Act with the new Constitution. There is need to review some of the current provisions of the Act to provide effective provisions to enable the Minister, the MEC's and the police to drive crime prevention and community policing initiatives, for example, and other areas to be identified through a clearly identified process of consultation involving all role-players, including the provinces and the Portfolio Committees.

The process of the revision of the current Act commenced in 1999 after the approval of the White Paper with a view to giving effect to the key recommendations of this document. The process was, however suspended shortly after the last General election. The process of re-visiting the review amendment of the Act is now being re-visited and it is absolutely necessary that proper and effective consultation in this regard does take place.

 

ACTIVITIES

- Identification of areas where amendments may be required.

- Initiation of the policy process and finalisation thereof.

- Formulation of policy principles that will inform the new Act / Bill.

 

- Establishment of a drafting team that will comprise of the Secretariat, SAPS & ICD. (If necessary other departments within the CJS)

- Engaging in consultations with provinces and other stakeholders.
Ensuring that the Bill goes through the legislative processes through to parliamentary stage.

OUTCOMES

A well-consulted new Police Service Act that sufficiently and effectively provides the framework which enables the Minister to direct and drive the creation of effective structures for crime prevention initiatives, together with the national and provincial Safety and Security departments.

 

KEY PERFORMANCE INDICATORS

- Areas requiring amendments identified.
- Policy process initiated and finalised.
- Policy principles formulated.

 

- Drafting team established.

 

- Effective consultations undertaken.

 

- Bill certified and tabled before parliament.

TIME FRAMES

The process of identification of areas of review and the final drafting of the Bill to be

completed by November 2002 for tabling in Parliament during the 1st or 2 semester of Parliament 2003.

PROJECT TITLE: Review of Security Legislation (Terrorism Bill)

BACKGROUND/MOTIVATION

The previous Minister for Safety and Security ordered the review of all security legislation in South Africa and with a request for a Discussion Document which would provide a set of recommendations which would inform the review of the current Internal Security Act. The process would address the problems relating to terrorism in whatever manner it presented itself. This review has been undertaken by the South African Law Commission with various departments, including Safety and Security, providing inputs.

The SA Law Commission intends to submit its report to the Minister of Justice by the end of June 2002. It has already published its draft Discussion Document for general public comment. The SA Law Commission had earlier indicated that it required additional time to finalize its Document and recommendations to the Minister of Justice. The drafting and finalisation of the Terrorism Bill will depend on the approved recommendations and report of the SA Law Commission.

The Bill needs to effectively capacitate and empower the police and other agencies to effectively address the problem of terrorism within a constitutional framework, as well as bringing the Bill in line with ratified international conventions and other instruments.

 

ACTIVITIES

- Liaison with the SAPS legal services, other state departments and the SA Law Commission on the

process of review.

 

- Evaluation of the Law Commission's final discussion paper/report.

 

- Obtaining the Minister's approval on the drafting of the Bill and appointment of the drafting team.

 

- Engage in the drafting of the Bill in conjunction with the SAPS.

 

- Follow-up on the legislative processes.

 

- Follow-up on necessary parliamentary processes for the passing of the Bill.

OUTCOMES

A new Terrorism Bill that provides effective and constitutional powers and mechanisms to address the problem of terrorism in South Africa.

 

KEY PERFORMANCE INDICATORS

- Consultation with the stakeholders.

 

- Establishment of a drafting team.

 

- Drafting and finalisation of the Bill.

 

- Obtaining Minister's approval of the Bill.

 

- Obtaining the certification of the Bill by the State Law advisers.

 

- Introduction of the Bill to Parliament.

 

- Passing of the Bill.

TIME FRAMES

The finalization and approval of the Law Commission's Document is expected by the end of June 2002. Thereafter, the finalisation of the Bill depends entirely upon Cabinet decision. It is hoped that the Bill will be finalized by September 2002 and introduction in Parliament in the 4th term of Parliament 2002, unless Cabinet instructs urgency and earlier tabling in Parliament.

PROJECT TITLE: Explosives Bill

BACKGROUND/MOTIVATION

This is a Bill intended to bring the marking of explosive in line with the international conventions dealing with explosives. It is more technical and the drafting has already been done. The involvement of the Secretariat is to ensure relevant stake-holders are consulted and comments obtained and considered, and that the Bill obtains the approval of Cabinet and that it undergoes all the legislative and parliamentary processes.

 

ACTIVITIES

- Obtaining the State Law Advisers' certification

 

- Ensuring that the Bill is introduced to Parliament

 

- Preparations for Parliamentary briefings.

 

- Attending Parliamentary meetings.

OUTCOMES

An Explosives Bill that is in line with the International conventions and addresses the concerns and

needs of our society.

 

KEY PERFORMANCE INDICATORS

- Well-prepared briefings to the Parliamentary Committee.

 

- Passing of a Bill that complies with international conventions and adequately addresses societies

concerns.

TIME FRAMES

The Department has completed drafting of the Bill. The bill will be certified by the State

Law Adviser after approval by Cabinet. Thereafter, the Bill will be in the hands of Parliament. The Bill is intended to be introduced in Parliament during the 2nd term of Parliament 2002.

PROJECT PROPOSAL - TO MONITOR AND EVALUATE EFFECTIVENESS AND EFFICIENCY OF POLICE CONDUCT

1. PROJECT TITLE

Monitoring management of litigation by SAPS

2. Strategic Objective

To enhance transformation within the South African Police Service with regard to the provision of legal services.

3. Name and Aim of Project

Monitoring and evaluating the management of litigation involving the Department of Safety and Security in terms of efficiency, cost-effectiveness and transformed delivery of legal services.

The primary purpose of the project is to ensure that the South African Police Service litigation division manages the conduct of litigation in a professional manner, having due regard to proper investigation of the merits of the matter, speedy finalization of matters within the constitutional framework and in a cost-effective manner. The project is also designed to ensure that Counsel and attorneys from previously disadvantaged groups are also briefed.

4. Background and Motivation

The Minister for Safety and Security, as the Minister in charge of the Department of Safety and Security, is the most sued Minister in government. This practice has been the norm from the previous dispensation and continues to be the practice today. The reason for such a practice is not difficult to establish. The drastic powers given by statute to the police to arrest, detain, interrogate, investigate, including powers of search and seizure and the use of force has the potential of infringing the rights of individuals. The claims for damages against the police arise as a result of police either acting wrongfully or unlawfully, and even maliciously during the course of their work.

The nature of claims or matters brought against the Minister range from claims for damages for personal injury arising out of unlawful arrest and/or detention, damages caused to property, damages arising out of motor collisions, interdicts brought to stop unlawful actions on the part of the police, etc.

The financial implications for the state in terms of damages paid, interest and legal costs incurred are considerably high. There is a need to monitor the proper management and control of litigation and appeals to ensure cost effectiveness and efficiency of services. There is also a need to monitor the training of police officers involved in operations and to monitor police conduct to ensure that police act within the law and with due respect for human rights. In this way, a contribution will also be made to reduce the number of civil claims against the department.

5. Activities / Outputs

The project is required to be ongoing to ensure sustained efficiency and effectiveness of legal services. There will also be a need for continuous and regular monitoring of police conduct and training to ensure a reduction of civil claims. The following activities will be engaged in:-

a. An audit of litigation related matters across the country

b. A compilation of a data-base of litigation-related matters and the utilization of Counsel.

c. Identification of matters requiring monitoring and evaluation.

d. Monitoring systems in SAPS for proper management of litigation and monitoring compliance with systems.

e. Formally establishing co-ordinating structures with provincial Secretariats, Provincial State-Attorneys and SAPS.

f. Quarterly meetings with State-Attorneys to evaluate case management and co-operation with SAPS.

g. Producing quarterly reports with recommendations for Minister

6. Time-Frames

The initial steps to conduct an audit and establish a Data-base will be completed by June 2002. Thereafter the monitoring and evaluation will be on a continuous and regular basis, with quarterly reports being produced.

7. Outcomes

The weaknesses in the SAPS system in terms of proper and efficient management of litigation would be identified for corrective interventions. The initiatives results in -

7.1 speedy litigation, cost-effectiveness and elimination of wasted or unnecessary costs.

7.2 thorough investigation and preparation of matters resulting in State-Attorneys being properly briefed.

Effective and regular channels of communication with State Attorneys.