SAPS Budget for 2002/3: briefing by POPCRU, SAPU and TechnikonSA

Meeting report

SAFETY AND SECURITY PORTFOLIO COMMITTEE
7 June 2002
SAPS BUDGET FOR 2002/3: BRIEFING BY POPCRU, SAPU AND TECHNIKONSA

Chairperson: Mr M E George (ANC)

Documents handed out
SAPU Presentation
POPCRU Presentation (Appendix 1)
Institute for Human Rights & Criminal Justice Presentation (Appendix 2)

SUMMARY
The presentation by SAPU highlighted its concerns with the unacceptably high levels of police killings, the introduction of a special dispensation for SAPS officials and the legal uncertainty regarding Section 49(2) of the Criminal Procedure Act.

The POPCRU presentation focused on the problem with the allocation of a large proportion of the SAPS budget to its "top brass" which adversely affects the morale of the officers functioning at ground level, the need for proper training of SAPS officers and the provision of additional police vehicles and the problem with police killings.

The presentation by Technikon SA raised concern with the unacceptably high case loads of detectives, the introduction of a separate budget for police informers and the establishment of a special salary dispensation for SAPS officials.

The ensuing discussion on these presentations highlighted concerns with the problem with the "top heavy" SAPS structure and its promotion policy, the relationship between POPCRU and SAPU and the effect of having two separate unions on the morale of its members, the necessary qualifications and salaries of entry level SAPS recruits, the persistent problem with police vehicles and the need for a separate budget for police informants.

MINUTES
The Chair invited the members of the South African Police Union (SAPU), Ms Céleste Van Niekerk, SAPU General Secretary and Mr Baptist Sigidi, SAPU President, to commence the presentation.

Briefing by SAPU
Ms Van Niekerk thanked the Committee for granting SAPU the opportunity to address it, and informed Members that only the key issues detailed in the presentation would be focused on.

SAPU recommends that a special dispensation be introduced for the South African Police Service (SAPS), as provided in point 3.1 of the presentation, aimed at improving the morale of SAPS officers. The reality of the matter is that SAPS members are currently highly underpaid, which severely affects the morale of officials, and this cannot be allowed to continue. It is thus recommended that a special dispensation be implemented annually by SAPS.

Point 3.2 is entitled "Emphasis on SAPS", and provides a breakdown of SAPS finances from the 2001/2 to 2004/5 financial years. The information provided indicates that the budgetary allocations have generally remained consistent, but it has to be acknowledged that the current SAPS allocation has risen by 9%. This Committee has to be thanked for its intervention in this regard. It will be noted that a 78/22 split has been maintained between personnel and non-personnel expenditure, in accordance with the stated strategic management objective.

Under the subheading "Comments: Buildings/Accommodation" it is important to note that SAPS members currently have to operate in very poor working conditions, and this state of affairs cannot be allowed to continue. The transferral of the SAPS capital works budget from the Department of Public Works to SAPS is to be applauded, yet the next challenge here is actual service delivery in terms of the capital works budget. The current position with regard to SAPS vehicles has to be improved as the problem with outdated police vehicles remains a reality, and logistical support is needed in this area. SAPU plans to contact the head of the Logistics Department to this end.

Point 3.3 entitled "Staff Compliment" provides that the ideal SAPS compliment stands at 161 000, and a budget has to be provided to ensure this target is reached. The allocation of 16 000 additional personnel has gone a long way to achieve this target, and the immediate target of
147 560 SAPS personnel by 2005 serves as a good first step in ensuring greater service.

With regard to "Human Resource Budget" SAPU is concerned with the discretional amount allocated for human resources, and this amount would instead be better utilised to improve SAPS service. It could also be invested in incentives and awards as rewards for work well done by SAPS officers.

Under "Training and Skills" SAPU contends that synergy is needed between the Training Division of SAPS and the Poslec Sector Education and Training Authority (SETA). This could be facilitated via the establishment of a training commission, which would consist of members from both these bodies. SAPS is currently experiencing a problem with the retention of scare skills, as these are being lured away to the public sector by its attractive salary packages. SAPU recommends that this issue be investigated and regulated via a collective agreement.

Tremendous progress has been made in effecting "Transformation", under point 3.6 of the presentation, and an Exco sub-committee has been established to make recommendations on senior management appointments in terms of the SAP Employment Equity Plan.

Point 3.7 deals with the "Pension/Provident Fund", and requests that the SAPS management make special provision for SAPU members in this regard. This is especially important in view of the unacceptable number of incidences of the killing or injuring of officials. This could take the form of a lump sum to be paid to the family of the deceased police official.

This is related to the following point entitled "Police Killings" which is a huge problem facing SAPS and its officials. The presentation reflects that no less than 65% of police officers are killed while off duty because their killers target the firearms of these officers. It is disturbing to note that thirty six (36) officers have been killed from the months of January to April 2002, yet it is even more alarming to note that no less than nineteen (19) officers were killed during the month of April 2002 alone. This amounts to nearly to the killing of one police officer per day in that month.

There has been a 40% decrease in the amount of police officer killings recorded during 2001, but this is not sufficient. In this regard SAPU requests that this Committee make a special intervention here, as it is important that the country's politicians vocally condemn killing of police officers. Proper debriefing of officers is needed, as well as operational training courses, the establishment of special courts in this regard and effective trials, no bail for such killers and the imposition of maximum sentences for these killers.

Tremendous progress has also been made as far as "HIV/AIDS" is concerned, under point 5 of the presentation, and the SAPS human resource component has to be adequately equipped to deal with this problem.

Under point 6 SAPU suggests that all SAPS personnel should be regulated by a single law: the Police Act. The aim here would be to ensure that SAPS officers precisely which rules and regulations apply to them.

Point 7 of the presentation deals with the use of force in terms of Section 49(2) of the Criminal Procedure Act, and this aspect has been the cause of much controversy in the last few weeks, especially in view of the Constitutional Court decision on this matter. This judgement seems to now create unnecessary confusion and legal uncertainty for SAPS officials in the use of force in effecting arrests, and officers thus need to be properly trained in accordance with the new dispensation. The National Commissioner has circulated a letter in which this issue is addressed, but it is contended that this is not adequate, as officers need to be provided with actual physical training in this regard.

With regard to the "Discipline" of SAPS officials under Point 8, SAPU has made it clear that ill discipline and corruption within SAPS will not be tolerated. It is unfortunate that it is only a small portion of "bad apples" that are creating a negative perception of all SAPS officials.

In conclusion then, SAPU supports the Human Resource Management priorities and the Volunteer Campaign called for by President Mbeki.

The Chair called on Mr Boas B Motjetsi, the First Vice President of the Police and Prisons Civil Rights Union (POPCRU), to commence its presentation.

Briefing by POPCRU
Mr Motjetsi informed the Committee that the POPCRU presentation would not engage in detailed comments on the SAPS budget, as POPCRU does not wish to critique the manner in which SAPS manages its budget. The presentation will instead highlight key questions regarding the proposed budget with reference to its predecessors, and attempt to identify the way forward.

POPCRU appreciates the fact that the budgetary allocation has increased, and informed Members that earlier this week members concluded an agreement that will alleviate the current problems facing SAPS to a large extent. The budget is regarded as representing an interventionist approach, with the aim of assisting the SAPS in engineering it in the proper direction. This is made more significant in view of the present problem with the currently "top heavy" SAPS structure, which essentially implies that the bulk of the annual personnel expenditure is dedicated to the "top brass". This has a negative impact on the operational aspect of SAPS, the foot soldiers, who are involved at ground level. Should this "top heavy" structure be resolved or indeed inverted, it would allow SAPS to deal effectively with crime in South Africa. An interventionist approach should also be introduced in the transformation process.

A key concern for POPCRU is the distribution of resources to the police stations, and unacceptable working conditions at these stations are still being reported, such as the use of beer crates as chairs and the on-duty personnel having to buy the candles for the station out of their own pockets. This unequal distribution of resources means that those officers on the ground suffer, because they are unable to execute their duties properly, and the SAPS is therefore unable to provide an effective police service.

The need for effective support services is also important here, and it is contended that this matter has to be addressed and regulated via legislation.

A primary concern here is the provision of proper training and vehicles, and the SAPS move from the old to the new dispensation would be expedited by investing in training, because the majority of the training is currently being received by SAPS officials as a way out. If this problem is not addressed immediately SAPS could be faced with the untenable situation where these very officials that it has trained are lured away to the private sector by lucrative salaries, and these persons then offer these back to the SAPS at a price.

All the components added to the SAPS budget do not deal with the issue of service delivery on ground level, and this matter has to be addressed. POPCRU applauds the intervention to employ additional police personnel on ground level, yet to this day representivity within SAPS leaves much to be desired as far as the implementation of progressive legislative frameworks is concerned. Unless the commitment to this objective becomes a reality and does not merely remain well-formulated paperwork, SAPS will not be able to properly address the unacceptably high crime levels in South Africa. The budget has to intervene decisively in these matters, and the commitment of government in this regard has to be translated into practice.

Indeed, the previous National Commissioner stated that a large percentage of SAPS officials are "operationally illiterate", yet most of the programmes that have been devised to address this matter exist on paper alone. This issue has to be addressed as a matter of urgency.

It has been mentioned during the SAPU presentation that most of the victims of police killings are the junior SAPS officers, and important factors here are the frustration being suffered by these officers, the expectations placed on them by their communities and the problem with the top heavy SAPS structure. The net result is that most of these junior officers suffer from stress disorders and are committed to mental institutions. The budget has to address this problem.

Furthermore, an effort has recently been made to replace the trained operational SAPS personnel with a civilian corps, but the same has not been done in the SAPS middle and senior management structures. A sound example here would be the border police, whose current structures could not be further from a proper reflection of transformation, despite the fact that these officials are very important for the safety of the Republic. If no intervention is made to address this matter, the SAPS budget will not be used to take the Department of Safety and Security (the Department) to a proper reflection of transformation.

In conclusion then, the primary concern should not be whether the Department and SAPS should properly be classified as a full or quasi-military concern, but rather the identification of means to ensure SAPS provides a proper service to communities that is geared around the interests of each community. The "foot soldiers" should also be granted adequate scope to deal with crime creatively.

The Chair welcomed the delegation from the Institute for Human Rights & Criminal Justice (the Institute) Dr A Minnaar, Ms D Mistry and Ms J Redpath, all senior researchers from the Institute, to commence its presentation.

Briefing by the Institute for Human Rights & Criminal Justice
Dr Minnaar thanked the Committee for granting the Institute this opportunity to address it on the SAPS budget, and informed Members that the various presenters would be reading from the document provided, which is itself comprehensive. He would, together with his colleagues, Ms Mistry and Ms Redpath, deal with different aspects of the presentation.

Under the heading "Overall thrust of Budget", there is a 9% increase in the overall SAPS budget between 2001/2002 and 2004/2005, yet the real test facing SAPS is whether these funds would be spent in an efficient manner. The Institute recommends that particular emphasis be placed on the Detective Service and the Crime Intelligence Division, because the investigation of crime is one of the most crucial aspects of policing.

Ms Redpath dealt with point 2 entitled "Building the capacity of detectives", and informed Members that SAPS detectives are currently struggling with unacceptably high case loads as well as a skills shortage. A concerted effort has to be made to address these two important problems.

Furthermore, the rise in vigilantism and lack of respect for the law by South Africans could be attributed to the perceived inability of the detectives to properly investigate crime, arrest and convict criminals. Despite these difficulties, SAPS detectives continue to work hard and produce results. The Institute suggests that the ratio of detectives to uniform police be increased, that additional detectives be recruited and that current detectives be provided with additional training.

"Intelligence-led policing" under point 3 of the presentation questions the extent to which the greater use of crime intelligence is currently being implemented by SAPS in fighting crime, and the Institute recommends that a "culture of intelligence-led policing" be instilled in all members.

Ms Mistry dealt with "Resource allocation" under point 4 of the presentation, and questioned whether the resource needs analysis for SAPS is being done annually and across the board for all stations and whether any impact assessment studies are being done in this regard. These issues do not appear to be addressed in the 2002/2003 budget.

Point 5 of the presentation is entitled "Community responsibility" and questions whether any special community campaigns in crime prevention have been devised, as well as whether the Community Police Forums (CPF's) are still operational.

"Police capacity" under Point 6 of the presentation notes that 16 000 additional SAPS personnel will be recruited between 2003/2003 and 2004/2005, yet the actual personnel numbers have exhibited a constant decrease since 1994. The question then arises as to whether efforts have been made to increase the number of recruits to adequately compensate for those SAPS members leaving the Service. An allied question is whether the existing SAPS training facilities are actually able to handle these additional 16 000 recruits.

Furthermore, foreign jurisdictions such as the United Kingdom and Holland have a minimum recruiting requirements of a tertiary qualification, which ensures that a more mature and professional candidate is recruited. The Institute recommends that SAPS follow suit, and questions the existing entry requirements for SAPS recruits and whether the 2002/2003 budget would be able to accommodate these new recruits.

Dr Minnaar noted that point 7 entitled "Modernisation of equipment/facilities" questions whether sufficient equipment and up-to-date technology is being bought by SAPS to service the new needs in crime prevention.

Ms Redpath dealt with "Corruption prevention" under point 8 of the presentation, and noted that the restructuring of the specialised detective units resulted in the reduction of SAPS officers responsible for investigating corruption from 250 to only 150 members under the new structure. Yet recent press reports have indicated that organised crime units such as the new structure are more susceptible to corruption, given the nature of their work. The Institute thus recommends that a special budget be set aside for corruption prevention initiatives within the SAPS.

Dr Minnaar stated that the "Informer system" under point 9 of the presentation provides that the budget does not contain a specific line item to deal with payments for information received from police informants. The Institute thus recommends that the costs for information be budgeted separately, as a large number of cases are being solved due to information received from such sources.

Under point 10 entitled "National Operations/Special Ops" it is noted that the 2002/2003 SAPS budget does not make provision for this aspect, and the party actually responsible for bearing these costs has to be resolved.

With regard to "Victim empowerment" under point 11 of the presentation, the 2002/2003 SAPS budget fails to mention whether training in victim empowerment in terms of the Domestic Violence Act will continue, nor is any mention made of the impact of such training on the incidence of domestic violence.

Furthermore, there seems to be a need for the allocation of additional funding for the increase in the Central Firearms Registry (CFR) personnel, their training in the implementation of the regulations, inspection of guns licences etc. in terms of the Firearms Control Act.

Point 12 entitled "Special Salary Dispensation" questions whether police personnel, especially those at the entry level, are being paid adequately, and it is contended that additional pay could prevent in-house corruption. Furthermore, it is questioned whether any plans have been made to link better pay to skills levels or professionalisation within specific positions without recourse to promotion to the managerial positions.

Finally, point 13 entitled "Outsourcing" addresses the concern with the outsourcing expenses in the Information Technology (IT), computer support services and ad hoc consultancies. It is questioned whether any plans have been made to extend outsourcing to areas such as transporting and the guarding of awaiting trial prisoners at courts etc.

Discussion
The Chair requested SAPU to explain whether the Employment Equity plan has been adhered to.

Secondly, POPCRU contended that most of the budgetary expenditure is being allocated to those SAPS members occupying its top structures, and it needs to provide this Committee with accurate figures in support of this contention.

Mr Motjetsi replied that the accurate percentages and figures have not yet been compiled. The question here is whether those SAPS members occupying the top structures, from Level 13 to 16, as well as the middle management structures in Levels 8 to 12, are these adequately geared to deal with crime in South Africa.

Mr A Botha (DP) referred to the "Special Salary Dispensation" proposed by the Institute under point 12 of its presentation, and requested the Institute to provide Members with examples of areas in which this has been implemented.

Dr Minnaar replied that a number of international examples could be named, such as the United Kingdom, where police officers could remain desk sergeants for twenty years, but would also receive notch increases depending on their improved levels of performance. Thus a proper performance evaluation service is required here.

As far as the promotion policy is concerned, a problem is currently being experienced with the finalisation of this policy because SAPS has been working on this policy for the past five years. A differential payment system is required here, which would function on an incentive or reward basis to evaluate performance. It is submitted that this approach would resolve the current problem with the promotion of SAPS officers simply for the sake of management.

Mr E Maserumule (ANC) stated that POPCRU and SAPU continue to exist as separate and distinct unions and this has always been- and indeed continues to be- a source of debate. POPCRU and SAPU are thus requested to explain the effect that this division has on both the morale and resources of the Department, as it is rather time-consuming to address the problems that arise with each union separately and on two separate occasions.

Mr Motjetsi replied that the two unions engage in processes in joint capacity, and as far as two years back an agreement was concluded to this effect. A mechanism was put in place to deal with the resolution of disputes that may arise between the two unions, and POPCRU remains optimistic that the two unions may on day be able to speak in one voice. It has to be remembered that fundamental ideological differences do exist between the two unions.

Ms J Sosibo (ANC), now the Acting Chair, questioned whether POPCRU is implying that the two unions are currently in the process of merging.

Mr Motjetsi answered in the negative, but assured Members that the intention does exist. POPCRU is well aware that two separate unions could have an adverse effect on SAPS officers, with the result that the Department is, to some extent, held hostage and cannot move forward.

Secondly, Mr Maserumule stated that the presentation by the Institute raises many questions and concerns with the SAPS 2002/2003 budget, but does not assist the process by providing any feasible solutions for these problems. The Institute is requested to explain whether it enjoys a professional relationship with the Department and the Minister of Safety and Security (the Minister), and whether it has a role to play in providing training at a professional level in its particular area of specialisation.

Dr Minnaar replied that SAPS informed the Institute that they would initiate contact in this regard, yet no contact has since been forthcoming. It has to be remembered that the Institute is purely a research body, and as such enjoys a good relationship with the Department.

Thirdly, Mr Maserumule contended that there are various other incentives for working hard and being productive in one's occupation, and questioned whether money is really a major motivator in this regard.

Mr Motjetsi replied that money should not be seen as the sole and best motivator, not to POPCRU in any event. The primary motivating factor here should be a steadfast desire to move away from the previous dispensation, and towards a mindset that places citizens first.

Mr E Ferreira (IFP) stated that the SAPS has made a marked improvement since 1994 as far as financial management and professionalism is concerned, but it also has to be conceded that its performance is by no means brilliant. Further clarity is requested on the exact entry level gross monthly salary for the additional 16 000 recruits. It is true that the top structure are paid a larger salary, but it has to be noted that over the last eight years all members have experienced a pay increase well above the inflation rate at that time.

Mr Sigidi disagreed with the assertion by the Member that the increase exceeded the inflation rate, as this only occurred on one occasion. Before then the increase was always well below the inflation rate, from 1994 to the present financial rate.

Ms Van Niekerk added that the Public Finance Management Act (PFMA) has been implemented and the SAPS management has to gear its personnel as far as the loss of equipment and the allied disciplinary offence is concerned and the spending of allocated funds. The station commanders must ensure that the station and its personnel are managed properly.

Secondly, Mr Ferreira noted that SAPU is still experiencing problems with police vehicles. A year ago a significant amount was allocated for the acquisition of new police vehicles, yet these funds were only employed to replace the old vehicles with new ones and were not used to actually acquire additional police vehicles.

Mr Sigidi responded that the vehicles currently being employed by the SAPS do not have a low mileage as contended by the Member, because during the 1997/1998 financial year the SAPS received only half of the required amount. Programmes have devised with the hope that the stated objective would be reached in the near future. Some of the existing police vehicles have 300 000 on the clock, and the condition therefore depends from vehicle to vehicle. It also depends on the specific province in which the police vehicle is used and the area which the vehicle has to cover, as the Eastern Province for example, which spans more than 1 000 kilometres. There is thus still a problem with a shortage of police vehicles.

Mr M Booi (ANC) contended that the police unions have to be united and send one common signal on behalf of all police members, and inquired whether in-fighting between these two unions occurs at a policy level.

Mr Motjetsi replied to this question and the first question posed earlier by Mr Maserumule by informing both Members that there are different forums within the workplace that cater for the interests of employees. Yet when a meeting is convened all the relevant role-players are called together and sit together in an effort to arrive at feasible solutions, with the result that the matters are not heard separately, but there is an ongoing effort being made to address matters jointly. It has to be remembered that both unions are unique in itself and differ fundamentally on ideological grounds, even though each is fighting for the common goal of ensuring the promotion and protection of the rights and interests of SAPS employees. There is thus no conflict or time-wasting occurring between the two unions, because they often sit together in joint meetings to address a particular issue.

Mr Maserumule contended that POPCRU has not answered his question, as the actual question sought a response as to whether both POPCRU and SAPU foresee the possibility that they might work together in the near future.

The Chair informed Mr Maserumule that POPCRU is saying that the problem is not merely that of working together, but that an ideological conflict exists between the two unions. Members of this Committee, as Members of Parliament, should be especially appreciative and understanding of this.

Mr Maserumule accepted the explanation offered.

Secondly, Mr Booi requested the presenters to explain the source of the information they have provided in their presentations, as SAPU has presented more information than POPCRU, and the Institute has posed a series of questions rather than solutions. They all address the same issue of the allocation of resources, but from different angles.

Ms Van Niekerk responded that extensive research has been done in compiling this presentation, and the SAPS management especially was consulted in this regard, in response to the stern warning received from the Chair during the 2001 SAPU presentation on the SAPS budget for that financial year.

Thirdly, Mr Booi agreed that service delivery is an important aspect, as well as the provision of accommodation for SAPS members.

Commissioner Stéfan Schutte, Head: SAPS Financial Services, replied that there are four main items in the capital works budget: rental and leasing, planned maintenance, erection and purchase and day-to-day maintenance.

Fourthly, there is a definite advantage in establishing a separate budget for police informers, despite the fact such informers are currently receiving up to R1000 for helpful information. It appears that the next development could possibly be some sort of competition in rewarding the best police informer. In this regard it seems that it would be advantageous to the Department to separate these two budgetary allocations, so that it does not negatively affect the manner in which SAPS currently conducts its investigations or the value of the useful information provided by police informers.

Commissioner Schutte responded that this is currently the topic of national discussion, and problems are being experienced in this area all over the world. It is difficult to determine the price of information provided to the SAPS in this regard, and the Standing Committee on Public Accounts is satisfied with the way in which SAPS is currently rewarding police informants.

Dr Minnaar replied that this is a question of immense value, especially in view of the high case loads carried by detectives, with the result that it is not possible for them to properly investigate all the cases thoroughly. It thus becomes apparent that the police informers have a vital role to play. Yet the information provided more often than not relates to murder cases and is not related to the theft of property, and this is attributable to the perception that the community seems more willing to provide information on murders.

Regulating the rewarding of police informants via an independent budget raises concerns with the handling of such cases, as the process could be open to abuse. In the previous financial year R30m was spent in this regard, but the SAPS funds were depleted by the end of that financial year with the result that such information could not be rewarded or procured. This matter has to be addressed. This is related to the effectiveness of the witness protection programme, and SAPS has to look into this.

Ms A Van Wyk (UDM) reminded the Institute that this Committee requested it, during a previous session, to liase with SAPS before the commencement of discussions on its budget, yet it appears that the Institute has not done this in preparation for this session either. The presentation does therefore raise important concerns, but does not seem to directly address the SAPS budget for the 2002/2003 financial year.

Ms Van Niekerk replied that SAPU has not yet been able to consult SAPS on the budget for 2002/2003, and it was hoped that SAPS representatives would be present at this meeting to address all present on the actual budget.

Secondly, Ms Van Wyk stated that both POPCRU and SAPU agree that the current budgetary allocation has increased dramatically. This Committee has been personally exposed, via its visits to these areas, to the problems facing the police stations with regard to the provision of basic equipment. Yet it has also been reported that SAPS officers often lose equipment, with the result that allocated funds are being employed to replace lost equipment rather than to acquire new and additional equipment. Furthermore, the station and area commanders are allowed to spend the funds on everyday equipment, without first acquiring the authorisation of a superior. The pertinent question in this regard is thus whether these officials are aware that they have been granted this power.

Mr J Schippers (NNP) noted that the SAPU presentation mentions the introduction of an incentive or reward system, and requested specific proposal to be provided on this matter. A similar system is currently in place in the education sector in which an evaluation system has been put in place, but it is not certain whether such a regime exists in the SAPS structures.

Ms Van Niekerk replied to this question and the third question posed earlier by Mr Maserumule by replying that this matter is being addressed via the Performance Enhancement Process, yet the actual process has not yet been put in place. Instead a tool has been developed to manage SAPS performance, and the suggested example of the Education Department is noted, and will be considered.

Secondly, Mr Schippers stated that point 3.4 of the same presentation contends that the human resource budgetary allocation is insufficient, yet SAPU does not provide specific figures in support of this assertion. In fact, the budget does provide that no less than R759m has been allocated to this aspect alone, and SAPU should then perhaps explain what amount it considers to be adequate here.

Ms Van Niekerk answered that the exact amount has not yet been identified because, apart from the various fixed expenses, there are also certain discretionary amounts which are of particular concern to SAPU. These include overtime and incentives, for example, all of which have to be specifically and accurately quantified.

Thirdly, Mr Schippers referred to point 3 in the POPCRU presentation, and requested POPCRU to explain what precisely has been done to effect or ensure service delivery, because it has been far too frequently reported that SAPS officers have been found asleep at their posts or do not properly execute the SAPS mandate.

Mr Motjetsi replied to this question and to the third question posed earlier by Mr Scheepers that POPCRU has declared a "zero tolerance" approach to such transgressions and ill discipline, via its policy approach. The public is encouraged to return property that has been stolen from SAPS facilities or personnel.

POPCRU is also currently engaged in devising a promotion policy, and an agreement was concluded in 2000 that sought to address this problem by providing that SAPS personnel would not be paid according to their rank but rather in proportion to the work done. This therefore seeks to promote service delivery by not promoting SAPS members, but rather by increasing their salaries in an effort to address the problems experienced with poverty. This initiative is made more significant if one considers that several such SAPS members do not wish to be promoted, but deserve a salary increase proportional to their workload and nature of the work being done.

Fourthly, Mr Schippers requested clarity on the entry level salary of SAPS officials, and informed Members that entry level salary of the municipal police currently stands at R80 000 per annum. How exactly would the entry level requirements for SAPS recruits be elevated in the South African context?

Commissioner Schutte replied that the current salary for the first notch at an entry level position stands at R28 286 per annum.

The Chair inquired whether this amount was applied across the board, or whether there are various degrees of entry level positions.

Commissioner Schutte responded that the REQ 30 is the first increase, and those recruits that possess higher qualifications do receive a higher notch.

With regard to the concerns raised regarding the promotion of SAPS officials, this is not the case in all instances. Furthermore, the training of SAPS officials is also important, and this year R350m has been allocated under the Medium Term Expenditure Framework (MTEF) for the training of
7 100 entry level constables. These officers will be provided with different types of training in order to address a wide range of functions they have to perform. Also, R471m has been allocated for improving the conditions of service, and additional funding of approximately R250m is needed for its implementation, and the Departments of Public Service and Administration and the Treasury will be consulted here.

Ms Van Niekerk added that the current entry level requirements for SAPS recruits are the possession of a valid matric certificate and driver's licence. In foreign jurisdictions such as Holland, Germany and Sweden recruits are required to possess a college degree or certificate.

Ms Mistry added that the Institute recommends that the age of new recruits be raised from eighteen to twenty five years, so that the SAPS may acquire persons with a certain degree of life experience. It is also preferred that they should possess a valid degree, and there are many graduates in South Africa without current employment that could be employed in this regard.

There were no further questions or comments and Ms Sosobi, now the Acting Chairperson, adjourned the meeting.

Appendix 1
POPCRU EST 1989
POLICE AND PRISONS CIVIL RIGHTS UNION

POPCRU COMMENT ON THE BUDGET OF SAFETY AND SECURITY
Chairperson
Members of parliament
Commissioner of the South Africa Police Service
Management of the South African Police Service

INTRODUCTION
Chairperson as POPCRU we feel honoured by your invitation of ourselves to comment on the budget of the South African Police Service.
Without giving you any detail on these matters we would wart to make our comments on the following areas;
The 2001/2002 budget allocation and the output thereof,
The structural deficiencies that impede service delivery as envisaged by the key objectives of the Service,
The conditions under which the safety and security of our country have to be delivered, and
The transformation issues that would ensure quality service delivery as supported by the parliamentary legislations.

1. Chairperson let us immediately say that the improvement on the salaries of members of the service has played a significant role in improving the situation of our officers. We feel that the government deserves our unconditional thanks in the entire endeavor to better our salary position.

2. It is our view today that, amongst other things, we should be sifting here and presenting to the portfolio committee the achievements of our budget utilization from the last financial year allocation.
Amongst the issues that we were supposed to be saying is how have we succeeded in improving the security situations in our boarder posts, the improvement of conditions in our police stations especially in areas like Makapanstad in Gauteng were officers are using bear crates as chairs with only one van, in the Mooi river, Taung police stations in North West were you have no computer, no stationery, if you go to Limpopo, Mankweng, Seshego, Bochum were the conditions of those stations leaves much to be desired and perhaps we would want to make comparison with other stations in the towns and cities. It would be encouraging to say how have we succeeded in ensuring the elimination of the police killings, the rapists that go to an extent of stilling babies from their mothers in bed, and many other issues that would have brought joy to all of us in saying that indeed we are succeeding in our mission to enhance the safety and security of South Africa's inhabitants ensuring peace and stability, in ensuring proper investigation of criminal cases and provision of sound crime intelligence, the protection of prominent people and the management of SAPS, its resources, development and operations, more efficiently.
It is our thinking that should we have used the service as a machinery to eliminate crime, our development programmes, our resources, logistically and other wise and our operational planning would have dealt a serious blow to the crime in this country.

3. The current structure of the Service, without sounding negative, is not geared towards qualitative service delivery.
We have a heavy loaded structure on top that consumes a lot of resources and reduces the dire needed resources for delivery purposes on the ground. Whilst we recognize the size of the service but it remains arguable whether we real]y need such top heavy structures that seem to move your focus away from the core function of the Service and promote a situation where people jog for positions. Chairperson, we have to say that with all intense and purpose the budget allocated is fine. Depending on what happens the structure of the SAPS will negatively affect the budget and service delivery because of the skewedness against the majority. Whilst we celebrate the increase in the number of personnel in the Service, however we need to caution that this is any opportunity for job creation in the country and it is not an opportunity to bring back people who opted out of the system for greener pastures that subsequently dried up.

4. We must say that so far any organisation that needs to be taken serious, let alone survival, uses its training component as an investment on human resources. We need to view as a threat a particular trend where specialised training is for people who are about to resign and others have already left, and would turn around and tender for services on a fee basis. If our training is being utilized as a strategic component in preparing ordinary officers for better service delivery, we believe that the donor funding alone would take us to greater heights.

5. Given past history in our case, transformation is a necessary step if we are to succeed in the job bestowed on us.
However transformation will only succeed if key areas of the structures are geared towards that objective.
In our view the key areas in the Service for transformation are:
Support services
Logistics
Training etc..

Parliament legislated progressive Acts
e.g. Constitution
Equity Act
Labour Relations Act

Our view with regards to transformation is that if the Acts passed by this Parliament are enforced this will go a long way in helping to realize the objectives of transformation.

Appendix 2
Submission and presentation on the 2002/3 SAPS Budget
By
Institute for Human Rights & Criminal Justice Studies
Faculty of Public Safety & Criminal Justice
TechnikonSA
Submission on the 2002/3 SAPS Budget to the Parliamentary Portfolio Committee on Safety & Security

Introduction

The researchers at the Institute for Human Rights & Criminal Justice Studies at the Technikon SA would again like to thank the Portfolio Committee for inviting us to make this submission on the SAPS 2002/3 Budget. The opinions and views expressed in this submission, however, remain those of the researchers involved and in no way officially reflect those of any institution or organisation.

Overall the submission is focused not so much on the actual amounts but on the general thrust or aims of what the budget intends to achieve. Accordingly our submission is couched more in terms of posing some questions in an effort to elucidate information which we think the Portfolio Committee needs to obtain so that a more careful scrutiny of the spending details can be implemented.

Furthermore, these issues are raised as a central point of the thrust of the SAPS budget namely, improving efficiency, effectiveness and service delivery while maintaining public order, protecting citizens and upholding law and order. Accordingly we hope that our comments will be seen and taken on in this context.

Finally, we, like the Management of SAPS, have an interest in seeing the SAPS perform more efficiently and effectively, particularly given the wide range of current constraints under which they have to deliver a service.

1. Overall thrust of Budget
It is gratifying to see that the overall SAPS Budget again shows an increase (and a continued increase up to 2004/5 from R13,9 billion to R22,9 billion). Although this increase in percentage terms (8,3% between 1998/99 and 2001/2 and 9,2% between 2001/2 and 2004/5) is above the projected CPIX of 6.9% for the calendar year 2002 (I-net Bridge, 20\2\02). The real test is whether or not the allocated funds are spent in an efficient manner so that the SAPS gets full value for the money used. It is a given fact that the SAPS requires more resources and capacity, but more importantly is how that money is used.

In our submission particular emphasis will be placed on the Detective Service and the Crime Intelligence Division. This is because the investigation of crime is one of the most crucial aspects of policing.

The first section therefore deals with the Detective Service and Intelligence led policing. We then look at resource allocation, community responsibility, police capacity, modernisation of equipment, corruption prevention, the informer system, national/special operations, victim empowerment special salary dispensation and outsourcing.

2. Building the capacity of detectives
Detectives are struggling with very high caseloads. Figures as far back as 1998 show that in Limpopo Province, for example, a detective had on average 97 'Category A', that is serious, crimes on hand. The average for South Africa as a whole was then 53 such cases. We hear from detectives that caseload for all types of crimes are often in the region of 200 cases, which is way above the internationally accepted norm of 20-25.

The detective service is also struggling with a skills shortage. Senior police management estimate that the average detective has in the region of two years' experience only. This has serious implications for mentoring of new detectives. A concerted effort needs to be made now to increase numbers of detectives, so that a serious shortage of skills is not experienced in the near future.

The SAPS detective service is the primary body responsible for the investigation of crime in South Africa. While Metropolitan Police and private security companies may provide some visible policing and respond to crime reports, it is the detective service that must by law investigate crime.

The rise in vigilantism and lack of respect for the law in South Africa can to some extent be traced to the inability of the detective service to be seen to properly investigate crime, apprehend criminals, and build cases against criminals which result in convictions.

It is a tribute to the hard work of our detectives that we are successful at all in the investigation of crime, given that our detective service consists of in the region of 20 000 persons yet more than 20 000 murders are committed each year in South Africa, more than twice as many rapes, and more than five times as many aggravated robberies.

Can the SAPS, therefore, not increase the ratio of detectives to uniform police in the new recruitment drive?

Why is there not more emphasis on recruiting and training additional detectives?

Which detectives are receiving additional training? Only those still in the amalgamated specialised units or those redeployed to or already at station level?

Have additional funds within the training budget been allocated for the additional retraining of station level detectives?

3. Intelligence-led policing
How is the greater use of crime intelligence being implemented?

A culture of intelligence led policing needs to be instilled in all members. The SAPS still needs people who are able to analyse and interpret data/intelligence gathered. These people need to be integrated into the specialised units, station level detectives and the CIAC. The current composition of the specialised units and the detective units appears to lack any intelligence capability.

It is an accepted fact that one of the aims behind the restructuring of the specialised units was to make better utilisation of intelligence led policing. While crime information officers have now been placed at almost every police station there are still problems associated around the analytical and skills levels associated with collation and analysis at a central point and the communication of those analyses and crime intelligence back to the persons on the ground for action and implementation. There is a need for funds to be directly allocated to training for these skills as well as possibly outsourcing the actual analysis.

Moreover, to what extent are these resources being shared with the Directorate for Special Operations (DSO) (Scorpions), specifically in the area of organised crime? While it is known that the SAPS are working closely together with DSO at a practical level can cost savings not be made by avoiding any potential duplication of these services?

Moreover, even at the sector police level (visible policing) there needs to be added value by the use of crime intelligence. Has provision been made for the dissemination all the way down to sector policing of crime intelligence information, and have they been trained to make use of the crime intelligence analyses in their areas? It is not clear from this Budget whether any provision has been made for such a focussed use of crime intelligence.

4. Resource allocation
Is the resource needs analysis being done on an annual basis?

And is it being done across the board for all stations or only applied to the 145 high crime priority stations?

Are any impact assessment studies being undertaken to test the impact of the re-allocation of resources to those areas needing them the most?

It is not apparent from this budget whether these questions will be dealt with in the implementation of a new resource allocation plan.

5. Community responsibility
In 2001 mention was made concerning special community campaigns in crime prevention. Besides the mention of the anti-crime school safety campaign in schools there is no specific line item for these activities.

We are aware that draft regulations have been drawn up in respect of the functioning of Community Police Forums (CPFs). Moreover, that these regulations make specific provision for co-operation between local authorities and CPFs with regard to public safety. In addition, the responsibility for establishing CPFs rests with the Provincial Commissioners. Furthermore, in Gauteng we are aware of the fact that the MEC's office is funding CPF initiated social crime prevention projects. However, do the SAPS envisage providing limited funding to CPFs at some stage?

In this regard one question is posed, namely:

What has happened to the CPFs? Are they still operational in all areas and are they being fully utilized in respect of social crime prevention projects?

6. Police capacity
It is envisaged that 16 000 (pp. 534 & 537) (a figure of 18 000 is also inserted on pg. 536) new recruits (entry level constables and civilians) will be recruited in the medium term (2002/3-2004/5). The actual personnel numbers of the SAPS have experienced a constant decline since 1994 (1998/99: 127 306; 1999/2000: 122 725; 2000/01: 119 121; 2001/02: 123 000?). The question that needs to be posed here is:

Whether any provision has been made to actually increase the number of recruits to cover the numbers leaving the Service in order to meet these envisaged total staff establishment numbers?

Allied to this is the question of whether the facilities for training can actually handle the envisaged 16 000? This question is posed within the context of the information provided by the SAPS Training Division to the Portfolio Committee in October 2001, that some of the buildings at the SAPS Training College in Pretoria West have been condemned and this facility has great difficulty in handling the full six-monthly intake of 1 200 new recruits.

To what extent has this situation been remedied?

There is no specific budgeted item in this budget dealing with either upgrading or new building of training facilities to accommodate the increased number of new recruits.

Are existing facilities at other centres besides the SAPS College in Pretoria West adequate or in good condition for the increased numbers of new recruits?

Elsewhere in the world (for example Great Britain, Holland and Sweden, to name a few) have a standard recruiting requirement of a minimum of a tertiary qualification (i.e. post-matric diploma or degree). This essentially leads to a more mature and professional candidate being recruited. It is our opinion that the SAPS could well follow suit in this regard.

On this matter the following questions are posed:

What entry requirement criteria (qualification levels) have been developed for new recruits?

Will the SAPS, like the DSO, make use of this opportunity to set higher entry requirement standards to take into account such criteria as life experience (age), psychological testing, security vetting, educational level of at least a tertiary qualification?

And if a better qualified recruit is being sought whether budgetary provision is being made for paying such candidates better?

7. Modernisation of equipment/facilities
With the implementation of the Automated Fingerprint Identification System (AFIS) Digital Photo Imaging System, DNA database etc. is sufficient equipment and up-to-date technology being bought to service these new needs. Additionally, while there has been a substantial increase in the Border Police budget (12% in 2002/3 from R111 942 (2001/2) to R125 908 million) does this increase make provision for the purchase of sophisticated equipment necessary to properly check cargo/goods entering the country?

While sums have been set aside within the various budgets for new vehicles, computer equipment, new technology and equipment, the bottom line question posed is whether these sums are sufficient to replace in adequate numbers, for instance the ageing vehicle fleet of the SAPS? We would strongly postulate that the budgeted amount of the funds for these purposes are insufficient for adequate modernisation and replacement The need for intelligence led policing, more efficient investigations, the focus on organised crime and syndicates etc. make additional demands for the more rapid replacement and modernisation of not only the vehicle fleet, but the purchase of new equipment, computers, analysis capabilities, establishment of linked and integrated databases, patrol car onboard computers, surveillance equipment, border cargo inspection equipment etc. than is being envisaged in the current budget allocations for these purposes.

8. Corruption prevention
The restructuring of the specialised detective units envisages that all the Anti-Corruption Units, formerly under the national inspectorate component of the management services division, will now be subsumed within the newly formed Organised Crime Units. Prior to this, the unit's 250 members were investigating approximately 4000 cases of corruption in the SAPS across South Africa.

Our information is that the number of persons investigating corruption within SAPS has now been reduced from 250 members to 150 members under the new structure. Furthermore, the original intention of placing the units outside of the detective service was that it is highly problematic for members of an organised crime unit, for example, to investigate their fellow unit members for corruption. This is particularly so given that in the recent past press reports have shown organised crime units to be perhaps more at risk of corruption than most detectives, given the nature of their work.

Another concern is that under the old structure, the anti-corruption units would pro-actively investigate to uncover corruption; in other words, their work was not solely complaint-driven, and some statistics on corruption emerged from each provincial office. Now there is no unit with the sole mandate of investigating corruption within SAPS, and statistics have ceased to emerge. The investigation of corruption within the SAPS cannot be complaint driven only and should be done by an independent body whose sole mandate is the investigation of corruption.

The success rate of investigations as well as the public image of the police depends on a successful anti-corruption system. We would strongly urge that a special budget be set aside for corruption prevention initiatives within the SAPS so that not only the independence of the ACUs be assured but also that their capabilities are in fact expanded, and a dedicated anti-corruption programme be developed within the SAPS.

9. Informer system
While there is no specific line item dealing with payments for information and it is assumed that these costs fall within the line item 'professional and special services' we strongly recommend that costs for information (irrespective of the negative connotations historically associated with the informer system) be budgeted separately. In addition, that the amounts currently allocated for information be increased. This recommendation is made for a number of reasons namely:

The large number of cases that are being assisted in solving by the provision of paid information

The reliance, within the context of the constraints of an excessive docket load of many detectives, on information from informers

The fact that the current budget for informers would appear to be inadequate. Information provided to the Institute's researchers would appear to indicate that the SAPS budget for paid information tends to run out in the latter stages of the financial year and handlers are then unable to pay for information received from their informer network. In some cases payment of informers is then left to private organisations like bank (fraud, robberies and cash-in-transit) private investigators.

10. National Operations/Special Ops
In a previous submission to this Committee we questioned from whose budget (i.e. station, area, provincial or national) these were paid for. We again raise this question since it would appear that no specific provision has been made for these. Again in reality the costs (in terms of overtime, petrol, equipment etc.) would still appear to be absorbed by individual station budgets. Is this correct or are they budgeted for from some other budget line item?

11. Victim empowerment
While 20 000 each have been trained in victim empowerment and the Domestic Violence Act there is no specific budget for the continuation of such training nor any mention of whether the impact of this training on the incidence of domestic violence and crime will be made.

Allied to this is the question of the implementation of the Firearms Control Act. While the regulations are still being finalised and a special allocation was made in 2000/1 Budget for the training of the personnel at the Central Firearms Registry, is there not a need for additional funding for the increase in CFR personnel, their training in the implementation of the regulations, inspections of gun licences etc.? Furthermore, will any funding be made available for the implementation of the withdrawal of firearms licences of those found incompetent to possess such a licence, the policing of the restraining orders in domestic violence situations specifically where a firearms licence has also been withdrawn?

While victim friendly support services have been established at 524 police stations, there is no mention in this budget of whether these type of facilities will be extended to the remaining police stations across the country.

12. Special Salary Dispensation
The obvious question raised here is whether police personnel, especially at the entry level of constable and lower ranks, are being paid enough. Within the whole public service has a comparative audit been done with regard to payment salary scales in order to determine whether police personnel are being paid at a sufficient level commensurate with the skills they perform, the training they receive and the danger inherent in the job. Moreover, paying more may help to prevent in-house corruption. (The example of Singapore springs to mind, where policemen are paid better than any other public servant on the assumption that a well-paid police person is less likely to participate in corrupt acts).

In addition, have the SAPS investigated any further the linking of salary scales to the acquisition of further professional qualifications (as one of the supporting legs for gaining further promotion)?

One of the issues in terms of paying better scales has been the practice of promotion of skilled personnel away from their specialised jobs and into managerial posts purely in order to be able to pay them better. However, are there any plans to link better pay to skills levels/professionalisation within specific jobs without recourse to promoting up to managerial levels?

13. Outsourcing
Currently the main outsourcing expense appears to be that of the IT and computer support services and ad hoc consultancies. (We are aware that certain other functions like guarding of buildings have been outsourced to private security companies but it is not clear from the budget where provision for funding such outsourcing is made.) Some of these consultancies are for such specialised investigation services dealing with fraud and commercial crime. Are there any plans for extending outsourcing to such areas as transporting and guarding awaiting trial prisoners at courts; state vehicle pounds; state mortuaries; vehicle fleet management; motor vehicle servicing and repairs; forensic analysis and other non-policing functions?

__________
Compiled by:

Dr A. Minnaar, Ms D. Mistry & Ms J. Redpath
Senior Researchers
Institute for Human Rights & Criminal Justice Studies
Faculty for Public Safety & Criminal Justice
TechnikonSA
P/Bag x6
Florida 1710
Tel: 011-4713-654/471-3667 Fax: 011-471-3752 Cell: 0828873666/0828873665
E-mail: [email protected]/[email protected]

Website: www.crimeinstitute.ac.za