DPCI on missing firearms at Western Cape police stations; illegal mining; illicit financial flows; SAPS KZN response to Committee oversight

This premium content has been made freely available

Police

14 November 2017
Chairperson: Mr F Beukman (ANC)
Share this page:

Meeting Summary

The Directorate for Priority Crime Investigations (DPCI) briefed the Committee on the status of investigations into the Mitchell’s Plain and Bellville South Police Station missing firearms. On 17 October 2017, police officers from Manenberg Crime Intelligence and Visible Policing, stopped and searched a known adult male gang member, who is resident in Manenberg. A 9mm pistol and ten rounds of ammunition were discovered in his possession and subsequently verified as being one of the 15 stolen from the Mitchell’s Plain Police Station. This matter is before court and remanded until 23 November 2017. On 28 August 2017, upon closer inspection, 18 various handguns seized as exhibits were discovered missing from a trunk in the Bellville South Police Station, SAPS 13 exhibit store. On 21 September 2017, Visible Policing officers patrolling in Belhar responded to a pointing of firearm complaint. They searched a nearby residence and arrested an adult male suspect in possession of narcotics and a .357 revolver. The firearm was verified by means of serial number as stolen in the Bellville South theft incident. This matter is before court and remanded until 22 November 2017.  All the missing firearms were circulated as stolen. The thefts and criminal perpetrators are unrelated to one another.

Members asked about the number of DPCI personnel in place and whether there was enough staff. It was disappointing that DPCI had only recovered three firearms as it clearly indicated the slow pace of recovery. Members asked if the three firearms recovered were due to DPCI-led operations or were coincidental discoveries. It was worrisome that these firearms were already in the hands of criminals. Was there any arrest of criminals found in possession of stolen firearms in these operations? The Committee should be provided with information on the arrest and suspension of SAPS members involved in these cases. It was unclear whether those that suspended were suspended with full benefits or not. How often are the operations at station level?

Members asked if the suspects arrested are being asked where they got these firearms. There is certainty that police officers are involved in these cases of stolen or missing firearms at station level. Members asked who the person in control of the firearm safe in Mitchell’s Plain was and if action was taken against this individual. They asked about the impact of the 18 firearms stolen from Bellville South station and if it was a once-off theft or stolen piecemeal.

DPCI briefed the Committee on the high profile illegal mining cases. DPCI had identified 39 hotspots for illegal mining in various provinces including Limpopo, Mpumalanga, North West, Gauteng and Free State. DPCI increased targeting of and incursions into operational mines persisted and they had introduced counter measures: Certain mines initiated a process of rehabilitating and closing down derelict shafts. There was an improvement in significantly stemming the supply of food to illegal miners. The closures have not prevented access to the mines due to the mine architecture characterised by inter-linked shafts. There were 52 reported cases of theft of copper in the first quarter of 2017/18. So far, there were 134 incidents of copper theft, 18 incidents of theft of PGM and one case of contravention with Explosives Act. During 2016 the illegal mining of chrome emerged in the Limpopo area. Several incidents of chrome theft were observed during April to September 2017 in Limpopo. In South Africa the mining of chromium reserves is relatively easy as it is done on the surface. The area between Atok and Steelpoort, in Limpopo, is one of the richest chrome reefs. A number of trucks and excavators were intercepted, carrying loads of chrome.

DPCI mentioned that there were 264 convictions in the first quarter and 203 cases in the second quarter. The illegal surface miners are targeting abandoned farms to conduct their illegal activities. The North West is experiencing an increase of illegal miners from other provinces. The hostility by illegal miners against any type of law enforcement is on the increase.  During the September 2017 sitting of the National Coordination and Strategic Management Team (NCSMT) meeting serious concerns were raised about the review of the operational response and successes. An assessment was made about performance and for all the Departments to conduct introspection and discussion to conduct turn-around strategies to remedy the threat and to improve their collective performance. The next session is scheduled for January 2018. DPCI, together with key NCSMT stake-holders, remain committed to tackling the illicit mining threat.

DPCI briefed the Committee on illicit financial flows. DPCI had dealt with 60 cases related to illicit financial flow, three cases have already been finalised in court, six either closed or withdrawn while 38 cases are still under investigation. Four cases were categorised as trial ready, one case is on trial while 44 cases were on court roll. A provincial breakdown showed Gauteng had 33 cases, KZN 15 cases, Western Cape four cases Eastern Cape three cases. DPCI noted a Ponzi/pyramid scheme of approximately 700 investors that invested R 340 million in the scheme. The person had previously held a business account, which account was reported to the Financial Intelligence Centre (FIC) by the bank, after the bank had picked up suspicious transactions on the account. This account was subsequently closed by the bank. SARB discovered other bank accounts linked to the Ponzi/pyramid scheme and issued an order in terms of the Exchange Control Regulations, prohibiting the withdrawal of any funds from the bank accounts. The case is currently under investigation.

On the way forward, an inter-organisational committee has been formed between all agencies involved. The committee functions on two levels: oversight and functional. The oversight committee ensures co-operation between the agencies and the functional committee concentrates on the co-ordination of the investigation of the identified cases. The agencies involved included DPCI, South African Reserve Bank (SARB), Asset Forfeiture Unit (AFU), FIC and South African Revenue Service (SARS).

Members asked if interaction was undertaken with traditional leaders in dealing with the problem of illegal mining. It was unclear if there was any interaction with the countries highlighted in the presentation. How many arrests had been made so far? The Committee should be briefed about how long SARS was taking to provide DPCI with information on illicit financial flows. It was clear that the scope of the illegal mining problem was big. DPCI was tracking highly motivated syndicates because of the money being made in these illegal operations. What are the handful of hotspots targeted by DPCI in order to make an impact? On illicit financial flow, was any personnel capacity in place as this was crucially important, considering what the criminals are capable of doing especially with online cyber commercial crime.

Some Members commented that it was clear that the country was being “raped” by the Guptas and this made everyone question if South Africa is becoming a lawless state. It was troubling to note that arrests of people involved in illegal mining were made but it was difficult to put those people behind bars. DPCI should specify those cases where arrests had been made and the people involved in illegal mining. Nothing is being done about closing down the illegal operations in Limpopo as people continually conduct illegal mining. DPCI should specify any legislation gap that could be solved by the Committee in dealing with illegal mining. There was silence from DPCI on the possibility of closing down of the Gupta accounts. It was not even clear if DPCI had powers to close down the Gupta accounts.  SAPS should have attaches in key countries and this should be pointed out to the Minister and Director General.

SAPS KZN management provided a report back on the recommendations from the Committee oversight visit to KZN police stations at Richards Bay; Hlabisa; Nongoma; Chatsworth and Umlazi Police Stations as well as to Pietermaritzburg Public Order Policing and the Tactical Response Team, the Provincial 10111 Radio Control Centre, Provincial Detective Services, Durban and National Intervention Unit (NIU). The Glebelands Hostel was visited. The Committee made 17 recommendations in their report of 13 September 2017.

SAPS KZN management reported in detail on the recommendations which included the implementation of a new telecommunication system at the Hlabisa Police Station, to enable complainants to communicate with SAPS; all outstanding detective vacancies be filled and the stations receive the necessary support; the station management team at Umlazi, be rotated, to give a new team the opportunity of reducing the killings and solving the murders, at the Glebelands hostel; the relevant Portfolio Committees should address the matter of the upgrading of the Glebelands hostel, with the relevant departments; the outstanding murder cases at the Glebelands hostel be finalised and the murderers and hitmen be brought to justice, as soon as possible; provincial and station level detectives improve their low conviction and detection rate statistics.

Members asked what was being done to improve security after the break-in at DPCI offices. The Committee requested a briefing on the provision of a satellite police station in Glebelands. Was there any consideration of inclusion of national capacity to provide assistance in KZN? What was the company involved in procurement of the vehicles? What was being done in cases where corrupt police officers were working with criminals? The Moerane Commission of Inquiry on political killings in KZN highlighted a number of people were implicated in the killings so what was being done about this? How many cases had been finalised through Alternative Dispute Resolution (ADR)? Who are the private securities employed by the province? The Committee requested a briefing on why some units had as many as 37 vehicles as this sounded as if there were too many vehicles allocated.

Some Members asked about the assistance being provided by the Acting National Commissioner on the beefing-up of garages. Crime intelligence at station level was a serious problem, what was being done to beef up Crime Intelligence at station level? KZN SAPS management needed to address the level of violence at Kwanongoma. Some SAPS members are involved in organised crime. There is now zero security at most police stations and it was as easy to get into a police station as to get into a clinic. What was being done to prevent such break-ins? It was concerning that SAPS KZN management was leaving security upgrades up to the Department of Public Works (DPW) as DPW was inefficient. It was worrisome that SAPS management was providing the relevant training to the station commanders only after being appointed.

Meeting report

Missing firearms: briefing by Directorate for Priority Crime Investigations (DPCI)
Lt Gen. Yolisa Matakata, Acting Head: DPCI; mentioned that both cases are currently being investigated by DPCI Western Cape: National Bureau for Illegal Firearms Control and Priority Violent Crime (NBIFCPVC) unit. These crimes are part of the NBIFCPVC Unit national strategic focus areas: “The criminal abuse and vulnerability of firearms in State control”. It refers to the theft and or robbery of firearms and/or explosives from State controlled armouries/storage facilities which include SAPS 13 exhibit stores. The case dockets were transferred to DPCI NBIFCPVC for further investigation on 1 September 2017.

On 17 October 2017, police officers from Manenberg Crime Intelligence and Visible Policing stopped and searched a known adult male gang member, who is resident in Manenberg. A 9mm pistol and ten rounds of ammunition were discovered in his possession and subsequently verified as being from the Mitchells Plain Police Station theft case. This matter is before court and remanded until 23 November 2017.

Lt Gen. Matakata stated that on 28 August 2017, upon closer inspection, 18 handguns that had been seized as exhibits were discovered missing from a trunk in the SAPS Bellville South SAP 13 exhibit store. On 21 September 2017, Visible Policing officers patrolling in Belhar responded to a pointing of firearm complaint. They searched a nearby residence and arrested an adult male suspect in possession of narcotics and a .357 revolver. The firearm was verified by means of serial number as stolen in the Bellville South theft incident. This matter is before the court and remanded until 22 November 2017. All the missing firearms were circulated as stolen. The thefts and criminal perpetrators are unrelated to one another. In the Mitchells Plain matter there are currently seven persons of interest and in the Bellville South case, three.  All the firearms were procedurally processed prior to theft by the FSL Ballistics Section and recorded on the Integrated Ballistics Identification System (IBIS). Upon recovery, in the absence of a serial number, a positive IBIS link will identify the firearm.
           
Lt Gen. Matakata said that a number of personnel at both police stations have subsequently been suspended following departmental investigations. The National Prosecution Authority (NPA) is involved in the cases. To safeguard the integrity of the investigation, further investigative methodology and insight cannot be detailed. The cases are under focused investigation, all leads are being followed and all information promptly attended to.

Discussion
Ms M Molebatsi (ANC) asked about the number of DPCI personnel in place and whether there was enough staff. It was disappointing that DPCI had only recovered three firearms as it clearly indicated the slow pace of recovery.

Mr Z Mbhele (DA) asked if the operations conducted by DPCI were operations-led as this was not clear from the presentation. The reality is that some of the operations might not be verifiable.  What was the sense of the outcomes of the operations? Was this telling something about the quality of intelligence in these operations? It seemed as if there were cases where the information provided was inadequate to result in the success of the operation.

Mr J Maake (ANC) noted that all three firearms recovered were not as a result of operations conducted but rather were coincidental. It was worrisome that these firearms were already in the hands of criminals. Was there any arrest of criminals found in possession of stolen firearms in these operations?

Mr A Shaik-Emam (NFP) said it was quite clear where all the gangsters were getting their firearms. The Committee should be provided with detailed information on the arrest and suspension of SAPS members involved in these cases. It was unclear if those suspended were suspended with full benefits. How often are the operations at station level? On the arrest and suspension of some SAPS officials, was there any link or collusion between Crime Intelligence, SAPS and criminals or gangsters?

Ms M Mmola (ANC) said it was worrisome that firearms were stolen from SAPS 13 exhibit stores. Who was responsible for the storage of firearms when they went missing from Mitchell’s Plain police station? Who was working at Bellville South police station when the handguns were stolen or went missing? The Committee should be briefed on whether the suspects arrested have been asked where they got those firearms. There is certainty that police officers are involved in these cases of stolen or missing firearms at station level.

Ms L Mabija (ANC) said it was pathetic to listen to the Hawks presentation on the recovery of the missing firearms as it was clear no progress had been made. The Minister of Police, Fikile Mbalula, stated that SAPS was coming after criminals but there is no indication of such from the progress made by the Hawks. The Hawks are the backbone of fighting crime in the country but there is clearly no spirit of fighting crime from management. The Hawks were not implementing their mandate and the Committee was discontented. Was it perhaps possible to deduce that DPCI was part of these criminals stealing firearms?

Mr P Groenewald (FF+) asked about the person in control of the firearms safe of firearms at Mitchell’s Plain. Was any decision taken against the individual responsible for the control of the safe?

Lt Gen Matakata responded that it was difficult to deal with firearms stolen at station level. The Western Cape SAPS Provincial Commissioner is the one who can respond to the questions about the people responsible for the safe keys at the police stations. DPCI was taking over the responsibility from the provincial detectives. The firearms were already in the hands of the criminals but DPCI was still conducting investigations. The investigation of these cases was extremely difficult for DPCI. Many operations had been undertaken in trying to locate these firearms. The investigation against SAPS members was under the command of the Western Cape SAPS Provincial Commissioner and DPCI was not involved in that terrain. There are many stakeholders involved in these investigations and some of the information is received through a tip-off but sometimes it does not lead to a recovery of firearms. The Provincial Commissioner can respond to the suspension and charging of SAPS members involved in these cases.

Lt Gen Matakata replied that there might be a link between a missing firearm and the involvement of SAPS members at station level. The incident in Manenberg took place the second day after DPCI took over the investigation of firearms. The investigation is usually looking at the person responsible for the loss of a firearm and safe keys. The ones that are arrested do indicate where they got the firearms although there were still investigations in this regard. The suspensions are happening departmentally. DPCI was fit for purpose to investigate these cases. The role of DPCI was to do investigations and try to recover the firearms. There is a lot being done in trying to recover these firearms. DPCI was certainly not involved in the loss of these firearms although there is investigation of any possible involvement. The Provincial Commissioner is the one to respond to the question on the person responsible for the safe keys at Mitchell’s Plain.

Mr P Mhlongo (EFF) indicated that the Committee had held a meeting on the Firearm Amnesty where the main focus was on the loss of firearms at station level. It was concerning to see that there are “dirty” police that are working with criminals. The person responsible for the storage and management of firearms should be present in the Committee meeting to respond to questions asked by Members. The DPCI investigation was “low-key”. We cannot allow a situation where police collude with criminals and gangsters as this was putting people’s lives in danger. SAPS should deal harshly with those police members who are stealing firearms as they deserve to be behind bars.

Mr Shaik-Emam asked about the impact of the 18 exhibit firearms stolen in Bellville South. It was unclear whether these 18 firearms were taken once-off or bit by bit.

Ms Molebatsi maintained that the recovery of three firearms in three months was not enough and this is a fact that cannot be disputed.

Ms Mabija said that she was not convinced that DPCI and Lt Matakata were fit for purpose. The Committee wanted to see action being taken and not only talk. The report presented to the Committee was so weak and did not show any action being taken. DPCI was not effective and the situation was better with the previous DPCI head. The DPCI team was unable to unable to perform to its mandate.

The Chairperson requested the Member not to be personal on the issue.

Ms Mabija insisted that she was not being personal but rather criticising the whole DPCI team.

Mr Mbhele stated that there was no confirmation that Crime Intelligence was involved in the operations that were being undertaken. One needed to have the Crime Intelligence involved in these operations.

Lt Gen Matakata requested to provide response in writing on the 18 missing firearms in Bellville South. It was difficult to explain the process involved in trying to recover firearms in the hands of criminals. DPCI noted the dissatisfaction of Members about the progress made thus far. There is capability within DPCI to investigate these cases.

Brigadier Neil Oliver, Acting Western Cape Head: DPCI, responded that DPCI was working with Crime Intelligence which included having interactions on a number of occasions. The reality is that there are indeed corrupt cops involved in these cases and this was making it extremely difficult to make inroads. DPCI was taking the investigations very seriously as one gun could kill a person and that person could be a child, father or a mother. There is cooperation at higher and lower level with Crime Intelligence.  

Illegal mining high profile cases: DPCI briefing
Brigadier Ebrahim Kadwa, DPCI Acting Head: Organised Crime, indicated that at the previous meeting on 25 August 2017, the Portfolio Committee on Police and the Portfolio Committee on Mineral Resources, were briefed on operational successes, covering the period April 2014 to March 2017.  Therefore, this briefing primarily reflects the operational performance from April 2017 to September 2017. DPCI had identified 39 hotspots for illegal mining in various provinces including Limpopo, Mpumalanga, North West, Gauteng and Free State. DPCI increased targeting of and incursions into operational mines persisted and it introduced counter measures: Certain mines initiated a process of rehabilitating and closing down derelict shafts. There was an improvement in managing to significantly stem the supply of food to illegal miners. The closures have not prevented access to the mines due to the mine architecture being characterised by inter-linked shafts. The interlinked tunnels running between the East and West Rand of Gauteng limited the impact of rehabilitation efforts in the province. The inter-linkages coupled with mining of supporting pillars by illegal miners could negatively impact on road infrastructure and result in the development of sinkholes and collapse of roads.

Brig Kadwa stated that there were 52 reported cases of theft of copper in the first quarter of 2017/18. So far, there were 134 incidents of copper theft, 18 incidents of theft of platinum group metals (PGMs) and one case of contravention of the Explosives Act. During 2016 the illegal mining of chrome emerged in the Limpopo area. Several chrome thefts were observed during April to September 2017 in Limpopo. In South Africa the mining of chromium reserves is relatively easy as it is done on the surface. The area between Atok and Steelpoort in Limpopo is one of the richest chrome reefs. A number of trucks and excavators were intercepted, carrying loads of chrome. In most instances, the illegal mining is conducted by local unemployed youngsters and old ladies. Women and children are operating in harsh conditions, without tools and mostly using their bare hands. The intervention by Limpopo SAPS detectives led to the arrest of two key players and this led to the site visit by Minister Zwane, to observe the incident. The nexus between land ownership and mining rights manifested in the illegal mining phenomenon. Some traditional leaders, who own surface land rights in the area, reportedly granted community members permission to mine in certain areas with a belief that the land belongs to them.

Brig Kadwa indicated that during June 2016, a project driven investigation was initiated, focusing on a criminal group involved in theft and dealing in unwrought precious metals. On 30 August 2017, a takedown operation was conducted by DPCI members in Mpumalanga in conjunction with a tactical response team (TRT), dog unit and mine security personnel culminating in the following successes:
- Six suspects arrested
- Dismantling of a smelt house associated with the target of the investigation
- Seizure of an assortment of mining equipment
- 445kg of gold bearing material and eight pieces of unwrought gold to the value of R169 000

There were 264 convictions in the first quarter and 203 cases in the second quarter. The illegal surface miners are targeting abandoned farms to conduct their illegal activities. The North West province is experiencing an increase of illegal miners from other provinces. Hostility against any type of law enforcement is on the increase when addressing the illegal miners. The hostility is coming from the illegal miners and the community. There is removal of rock dumps by individuals and gold extracted without any permits. Precious metals find their way to new and second-hand jewellery manufacturers and refineries. These companies are being used as fronts to legalise the stolen metals by smelting with alloys. DPCI had identified a number of factors that are hindering the impact of all their efforts to address the scourge of illegal mining. These include legislation gaps in addressing transportation/possession of PGMs and chrome in transit areas, corruption within the criminal justice system and oversupply of illegal immigrants who take part in illegal mining activities. There is a problem of unemployment and the persistence of derelict and ownerless mines despite the Department of Mineral and Resource’s rehabilitation programme. 

In conclusion, Brigadier Kadwa noted that during the September 2017 in the National Coordination and Strategic Management Team (NCSMT) meeting, serious concerns were raised about review of the operational response and successes. An assessment was made on performance and for all the Departments to conduct introspection and discussion for turnaround strategies to remedy the threat and to improve collective performance. The next session is scheduled for January 2018. DPCI, together with key stakeholders in the NCSMT, remain committed in tackling the illicit mining threat.

Illicit financial flows: DPCI briefing
Maj Gen Alfred Khana, DPCI Head: Serious Commercial Crime, said that DPCI has dealt with 60 cases related to illicit financial flows, three cases have already been finalised in court, six either closed or withdrawn while 38 cases are still under investigation. Four cases were categorised as trial ready, one case was on trial while 44 cases were on the court roll. The provincial breakdown was Gauteng had 33 cases, KZN 15 cases, Western Cape four cases and Eastern Cape three cases.

There were two referrals from the South African Reserve Bank (SARB). On new noteworthy cases, it is alleged that the suspect and associated persons and/or entities had been operating a Ponzi/pyramid scheme. The participants were invited to contribute “seed funds” which would subsequently receive returns at a high interest rate. He and his agents, indicated to investors that the funds would be invested in Dubai, in various trading activities. He subsequently admitted to SARB that no investments were made and that investor funds were applied to repay other investors. The Ponzi/pyramid scheme consisted of approximately 700 investors that invested R340 million in the scheme.  He had previously held a business account, which account was reported to the Financial Intelligence Centre (FIC), by the bank, after the bank had picked up suspicious transactions on the account. This account was subsequently closed by the bank. SARB discovered other bank accounts linked to the Ponzi/pyramid scheme and issued orders in terms of the provisions of Regulations 22A and 22C of the Exchange Control Regulations, prohibiting the withdrawal of any funds from the bank accounts. The case is currently under investigation.

Maj Gen Khana pointed out that looking at the way forward, an inter-organisational committee has been formed between all agencies involved. The committee functions on two levels, namely, oversight and functional. The oversight committee ensures co-operation between the agencies and the functional committee concentrates on the co-ordination of the investigation of the identified cases. Agencies involved included DPCI, SARB, AFU, FIC and South African Revenue Service (SARS)

Discussion
Mr Shaik-Emam asked if any interaction was undertaken with traditional leaders in dealing with the problem of illegal mining. It was unclear if there was any interaction with the countries highlighted in the presentation. How many arrests had been made so far? The Committee should be briefed on how long SARS was taking to provide DPCI with information on illicit financial flows.

Mr Mbhele said that it was clear that the scope of the illegal mining problem was big as DPCI was working with highly motivated syndicates because of the money being made in these illegal operations. What are the hotspots that are being targeted by DPCI in order to make any impact? In relation to illicit financial flows, he asked if there was personnel capacity in place as this was crucially important considering what the criminals are capable of doing especially with online cyber commercial crime.

Ms Molebatsi expressed concern that there were cases where there was identification of wrongdoing but there were still questions on the arrests of those involved. The priority should be on closing down the illegal mining operations. DPCI should fast track the response to these illegal operations.

Mr Maake noted that the hotspots included Limpopo and specifically the area from where he came.  The Committee should be briefed on what was happening in these identified hotspots. Nothing is being done about closing down these illegal operations in Limpopo as people continually conduct illegal mining. DPCI should specify any legislative gaps that could be solved by the Committee in dealing with illegal mining.

Mr Groenewald said that he lived near an illegal mining operation. It was unclear if there is any cooperation between DPCI and SAPS in dealing with illegal mining. The zama zamas are always ahead with information and usually are not doing any illegal mining on the day when SAPS or DPCI do policing. The illegal immigrants are certainly involved in these cases. On the illicit financial flows, was there any investigation on the Guptas?

Mr Mhlongo mentioned that the recent visit to China spoke about the problem of illegal poaching and this highlighted the scourge of this problem. It was concerning that there is no South African representation in China for gathering of intelligence. DPCI should be doing a follow-up on the Al Jazeera documentary where there was fingering of the former Minister of State Security, Mr David Mahlobo in the smuggling of rhino horn. The people are indicating that they had reported to DPCI about the damning evidence of the people involved in the killing of Sindiso Magaqa. On illicit financial flows, it was clear that the country was being “raped” by the Guptas and this made everyone question if South Africa was not becoming a lawless state. It was troubling to note that arrests were being made of people involved in illegal mining but it was difficult to put those people behind bars. DPCI should specify those cases where arrests had been made and the people involved in illegal mining. He wanted to make it clear that South Africa is a lawless county and he was even ashamed to call himself South African. Where is the investigation on the Guptas and ANN7 including the involvement of Jimmy Manyi?

Maj Gen Khana said he understood the frustration of Members with the timeframes for the matters being investigated. Investigation can be time-consuming and this is something that needed to be taken into consideration. DPCI was contemplating a meeting with the South African Reserve Bank as this would be important in getting to the bottom of the challenges. There are technicalities involved in some of the cases of illicit financial flows and there are small issues considered for the case to be classified as illicit financial flow. There is a problem of capacity within the unit dealing with illicit financial flows and most of the staff is being poached by the private sector where they get better salaries. There is no investigation on the Guptas but there is a follow-up to be made on the issue.

Mr Groenewald asked about the timeframe for the follow-up on the matter.

Lt Gen Matakata said that DPCI was doing an investigation on the allegations of illicit financial flows related to the Guptas.

Mr Groenewald asked if there was any wrongdoing on the part of the Guptas.

Lt Gen Matakata responded that the investigation on the matter was still ongoing.

Mr Mhlongo commented that he had not heard any statement from DPCI on the possible closing down of the accounts of the Guptas. It was not even clear if DPCI had any powers to close down the Gupta accounts.

Lt Gen Matakata responded that DPCI had finalised most matters but the matter was now forwarded to the National Prosecuting Agency (NPA) to take a decision on the matter.

Brig Kadwa replied that the government was advocating common cooperation in dealing with illegal mining. The reality is that the traditional leaders are allowing people to do illegal mining because of lack of jobs in the area. There was an engagement with the Department of Mineral Resources to make traditional leaders aware of the problem of illegal mining. The cooperation was not at the level that was desired. The gold was being trafficked to Mozambique through OR Tambo International Airport but the unit was dealing with the issue diligently. Illegal mining was lucrative especially to the market in the USA.  There have been some spectacular successes in dealing with illegal mining through working with multidisciplinary forces to intercept the zama zamas. The interception of the zama zamas was extremely difficult as it was related to the triple challenges of poverty, inequality and unemployment. Limpopo is considered a hotspot destination for illegal mining. There is a problem of lack of cooperation and contribution from various stakeholders in dealing with illegal mining. There had been operations in all the hotspots identified. The unit was focused on stabilising the problem of illegal mining. There is no specific problem in the legislation dealing with illegal mining but there was lack of clarity in the legislation on how to deal with chrome. There is specific legislation on how to deal with raw gold and uncut diamonds but the legislation is not as clear on chrome.

Brig Kadwa added that DPCI had embarked on public private partnerships (PPP) in trying to find ways to disrupt and interrupt these operations. DPCI was utilising the information being provided by the mining sector to deal with illegal mining. On cooperation with SAPS, DPCI had sensitized the National Crime Combating Forum so as to strengthen this cooperation. DPCI will be doing introspection at police station level so as to see how to improve the situation. DPCI believed that there is dedication to reducing the problem. DPCI was dealing with the operations in all foreign countries and this was dependent on the nature of the enquiry that would be required and DPCI was working very closely with those authorities. There is indeed no SAPS police attaché in China but the Chinese minister of public security had a police attaché here in South Africa on organised crime. DPCI would like to have the sharing of intelligence with BRICS partners so as to strengthen the relationship. China and India are both known to be lucrative markets for gold and precious metals and DPCI was doing great work in intercepting gold and precious metals going to these countries.     

The Chairperson highlighted that SAPS should have attaches in the key countries and this is something that should be pointed out to the accounting officer and the Minister.

Lt Gen Matakata responded that DPCI had about 10 corruption investigations in Umzimkhulu and arrests were made in August.

The Chairperson said that the Committee noted the successes made in illegal mining and other matters. There is a need for a proactive approach and cooperation in dealing with lost and stolen firearms. There is a need for a big success story in the case of stolen firearms in the Western Cape. The Committee required DPCI to resolve the stolen firearms in the Western Cape on an urgent basis. Members felt that there should be a report back on high profile cases. It is vital to beef up the Commercial Crime Unit to be competitive in deal with commercial crime. It would be impossible for the unit to provide assistance to SARB if it is unable to beef up its unit with competent personnel. There is a need to deal with the fact that the zama zamas are aware and informed of the day when SAPS would conduct operations.    

SAPS KZN management response to Committee KZN oversight visit recommendations
Maj Gen Bhekinkosi Langa, SAPS Acting Provincial Commissioner: KwaZulu-Natal, mentioned that the Committee conducted an oversight visit to KwaZulu-Natal, from 31 July to 4 August 2017. The purpose of the oversight visit was to evaluate compliance of specialised police units and police stations in KwaZulu-Natal and evaluate policing management and service delivery in the deep rural areas. The Committee visited the police stations at Richards Bay; Hlabisa; Nongoma; Chatsworth and Umlazi Police Stations. The visit focused on key units: Pietermaritzburg Public Order Policing (POP) and the Tactical Response Team (TRT), the Provincial 10111 Radio Control Centre, Provincial Detective Services, Durban and National Intervention Unit (NIU). The Glebelands Hostel was visited. The Committee made 17 recommendations in their report of 13 September 2017.  

Maj Gen Langa said the Committee recommended that SAPS provincial management immediately appoint a Head of Support at the Hlabisa Police Station. Warrant Officer Danca was appointed as the Support Head and reported to the station on 23 October 2017. The Committee recommended a new telecommunication system be installed at the Hlabisa Police Station, to enable complainants to communicate with SAPS. The Committee viewed this as an immediate priority, given the fact that the station is in a deep rural area. The telecommunications at the station are old as the telephone lines were not working. The telephone lines that were faulty during the Committee visit were attended to by Telkom and have since been rectified. There was a recommendation for the review of SAPS garages in KZN and a full report would be made available to the Committee by the Acting National Commissioner. The Committee expects that the operational vehicles available to stations and specialised unit should be over 80%. As on 7 November 2017, the status of vehicle availability at the station was: Actual = 13 vehicles (active = 09 (69.23%) vehicles and in the garage = 4 (30.77%) vehicles). Thus far no vehicles were found to be at the garage for more than two months.

Maj Gen Langa noted that the Committee recommended that all outstanding detective vacancies be filled and the stations receive the necessary support. Seven posts for re-enlistment of detectives have been approved and they would take up their posts from 1 November 2017. 13 advertised posts had been approved and the appointed SAPS members took up their posts on 1 November 2017. Detective vacancies will continually receive attention by way of re-enlistment, lateral transfers and recruitment.

The Committee recommended that the station management team at Umlazi, be rotated, to give a new team the opportunity of reducing the killings and solving the murders, at the Glebelands hostel. Maj Gen Langa said the investigation of serious crime at Glebelands hostel is conducted by the specialised task team, which consists of members from outside the SAPS Umlazi precinct and who perform duties under the leadership of Brigadier Mbele, Provincial Head: Organised Crime. There are a total of eight full time members dedicated to investigate Glebelands cases.

Maj Gen Langa noted that there was a recommendation from the Committee that the relevant Portfolio Committees address the matter of the upgrading of the Glebelands hostels, with the Department of Co-operative Governance and Traditional Affairs (COGTA). Two letters have been forwarded to the MEC of Transport, Community Safety and Liaison and the MEC: COGTA, to address bed allocation and administration concerns at the hostel. This matter is receiving attention.

The Committee recommended that the outstanding murder cases at the hostel be finalised and the murderers and hitmen be brought to justice, as soon as possible. A total of 73 murder cases were reported. 56 murders were committed inside Glebelands, 14 outside Glebelands and three outside Umlazi, related to Glebelands. 26 arrests have been made so far. The team is investigating and have made a break-through in some of the cases. One accused, in Umlazi CAS 545/05/2015, has been convicted of murder and sentenced on 15 September 2017, to life imprisonment.
           
Maj Gen Langa said that the Committee recommended that provincial and station level detectives improve their low conviction and detection rate statistics. SAPS KZN management reported there is evidence of consistent improvement in detection and conviction rates for priority crimes as follows: Detection rate for serious crime increased from 34.67% in April to 36.33% at end October 2017. Conviction rate for serious crime increased from 88.75% in April to 88.98% at end October 2017.
 

The Committee recommended that a joint meeting takes place on the general state of SAPS member accommodation between the Portfolio Committee on Public Works and the Portfolio Committee on Police. Maj Gen Langa said that is for the Committee on Police to schedule this meeting.


Discussion
The Chairperson noted the progress made in most areas as these were important success stories. On the break-in at DPCI offices, what was being done to improve security? The Committee should be briefed on the provision of a satellite police station at Glebelands. Was there any consideration of inclusion of national capacity to provide assistance in KZN? There were further reports of murders in Glebelands and the Committee should be briefed on whether these are related to the ongoing killings or was just acts of crime.  

Mr Shaik-Emam indicated that there should be more explanation on the problem of SAPS garages and cost per damaged vehicle. What was the name of the company involved in procurement of vehicles? What was being done in cases where corrupt police officers were working with criminals? The Moerane Commission of Inquiry on the political killings in KZN highlighted a number of people implicated in these killings. What was being done about this?

Mr Maake asked why KZN province is allocated only two seats per course for the training of station commanders as noted on slide 25. Was this related to the resources required? How many cases had been finalised through Alternative Dispute Resolution (ADR)? Who are the private security companies employed by the province? The Committee should be briefed on why some units had as many as 37 vehicles as this sounded like too many vehicles allocated.

Ms Mabija asked if any vetting process was conducted on the 121 student constables so as to avoid the employment of criminals. A permanent KZN Provincial Commissioner should be appointed as the Committee recommended. What is being done on that issue?

Ms Mmola said that the Committee had visited the Hlabisa police station and noted four police vehicles were in the garage for repairs. How long were those vehicles in the garage? How does it deal with the poor outsourcing of police vehicles? It was unclear whether patrolling was still ongoing in Glebelands. The conviction of three people out of the 20 arrests for the killings in Glebelands was too low. Were there any success stories about the detectives appointed?

Ms D Kohler-Barnard (DA) commented that it was extremely embarrassing to hear about the Hawks head offices being raided in KZN. Former Police Minister Nathi Mthethwa is the one who took the decision to remove private security companies and this was an enormous issue as it left SAPS stations understaffed.  There is now zero security in most police stations and it was as easy to get into a police station as to get into a clinic. What was being done to prevent such break-ins? It was concerning that SAPS KZN management was leaving the security upgrades to the Department of Public Works (DPW) as that department was inefficient. It was worrisome that SAPS management was providing the relevant training to the station commanders only after being appointed. It was ludicrous that there was no training provided to prepare someone to be a station commander. It was setting up someone for a failure. What was to happen if these station commanders failed the exams being provided?

Mr Mbhele mentioned that ADR is usually a mechanism for resolving lesser or minor offences outside criminal prosecution so as to avoid bottlenecks in the courts. Attempted murder is a serious offence and needed to be treated as such and therefore ADR seemed to be a disproportionally weaker sanction. The important question was why ADR was seen to be applicable in the case of attempted murder. The Committee had identified cluster level management to be the weak link in the chain in a number of provinces. There are a lot of acting positions at cluster level. How were they addressing the understaffing and lack of capacity at cluster level? The Committee should be briefed on the meaning of the first phase of implementing cluster structure. Was it safe to assume that this was being done after the review of the existing structure?

Ms Molebatsi asked about the beefing up investigators at Glebelands as this was not mentioned in the report-back. It would be important to ascertain if KZN SAPS management took SAPS members from Umlazi police station to patrol in Glebelands. The recommendation on the need for SAPS and IPID to make submissions to the Moerane Commission of Inquiry was only pushed to early March 2018. Why was this delayed?

Mr Mhlongo appreciated the comprehensive report provided as this was helpful. He mentioned that outsourcing had the potential to reduce state capacity to deliver on its mandate and this was evident in the the case of garages. There could be a low-key organisation that could make a lot of money from the outsourcing. What kind of assistance was being provided by the Acting National Commissioner in the beefing up of garages? Crime intelligence at station level was a serious problem that needed to be dealt with. What was being done to beef up Crime Intelligence at station level? The level of violence at KwaNongoma was something that the KZN SAPS management needed to address. There are some SAPS members that are involved in organised crime. The public stripping-off of the rank of corrupt SAPS members should be welcomed as this was sending a clear message that there would be consequences for wrongdoing.  There is a policeman in KZN that had been fingered as being involved in the killing of people in KZN and this policeman was not being arrested. How would it deal with this policeman?
           
Maj Gen Langa replied that there is available land for the satellite station in Glebelands but SAPS still needed to finalise security issues. All police stations should have CCTVs and there is work in progress on this. The garages are still controlled by the national office and not from the provincial side. SAPS legal services is sitting in the Moerane Commission and all the information gathered will be directed to the investigators. The two seats that are given to the provinces are given for the training of the station commanders. That ADR is applied to attempted murder cases was something that the province was not happy about as this was being decided by the courts.  
           
Brigadier Mbhele, KZN Head: Detective Services, replied about ADR, saying attempted murder was indeed a serious case. The suspects are usually arrested and brought to court but the victim will be able to decide to withdraw the case and the victims will require to be compensated by the suspect and the public prosecutor will allow such an agreement.

Mag Gen Langa replied that private security is hired by the municipalities to provide assistance in patrolling. On the surplus of 37 police vehicles, it is indeed true that there was a surplus of TRT vehicles. The TRT vehicles are the most used vehicles in the province and therefore the vehicles are left in the garage in case there is a demand to use those surplus vehicles. The 121 students being trained were screened for any criminal record as this is normal procedure. The four vehicles in the garage have not been there for more than two months although it is difficult at the moment to say the exact time. The patrols are continuing in Glebelands. SAPS management was not happy with the convictions relative to the arrests made. The killings are still taking place in Umlazi, Glebelands. The killings are now taking place inside rooms especially at night and are often very difficult to do proper monitoring by the police and patrollers.

Brigadier Bongi Ntuli, SAPS Umlazi Station Commander, replied that the patrolling is effective. Killings are taking place in the dark and there were concerns raised about the darkness in the area and lack of fencing of the blocks in Glebelands. The relevant government role players should intervene to provide fencing and access control. An arrest took place in Glebelands yesterday and the individual was found with a firearm.  

Ms Mabija asked if SAPS was working in a silo as there should be a relevant department intervening about the lighting in Glebelands.

Maj Gen Thembi Ndlovu, SAPS Ethekwini Outer South Cluster Commander, KZN, responded that SAPS was not working in a silo as there was CCTV being provided to improve monitoring. There was monitoring that specifically targeted two problematic blocks. SAPS is working with Crime Intelligence in trying to restore peace in the area.

Mr Maake said it was evident that Glebelands was a problematic area. Was there any possibility of deploying the army to clean up the area?

Maj Gen Langa replied that a meeting took place about the possibility of deploying the army in Glebelands. There was no confirmation as yet on the matter. The appointment of station commanders was focused on looking at certain requirements and the provision of training followed later. It was impossible to provide training for being a station commander before making an official appointment. There are minimum requirements for someone to be considered for appointment as a station commander. There is a consideration undertaken for the removal of a station commander if there is a failure in duties. There was no implementation of the full cluster structure as yet and therefore the structure was not fully-fledged and it was still in the developmental stage. The SAPS members in Glebelands were taken from other areas and not necessarily from Umlazi. The killings are caused by the ongoing taxi conflicts in the area but there were still investigations being undertaken. There are successes in the deployment of a special unit in dealing with the killings in the area. The person who was arrested yesterday had R100 000 in cash in his possession and it was alleged that this person was one of the people collecting money being used for the killings in Glebelands. SAPS will check if the firearm that was recovered was involved in other cases reported in the area.  

Lt Gen Matakata responded that DPCI had not had any arrests for the break-in at DPCI head office. DPCI was still awaiting Crime Intelligence on the break-in investigation.

Maj Gen Langa replied that there is a project in national office to deal with rhino poaching in the game reserve. SAPS was aware of the issues flagged at Hlabisa police station and Crime Intelligence was involved. 

The meeting was adjourned.

Share this page: