South African Police Service: progress report

Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS PORTFOLIO COMMITTEE
9 June 2003
SOUTH AFRICAN POLICE SERVICE: PROGRESS REPORT

Chairperson: Kgoshi L Mokoena (ANC) [Limpopo]

Documents handed out:
Human Resource Plan 2003-2005 Presentation
Implementation of Resolution 7
Presentation on Automated Fingerprint Identification System (AFIS)
Sector Policing Presentation
Logistics Presentation
Presentation on the Dog Unit
Firearms Strategy Presentation

Documents awaited:
Presentation on Officer Training

SUMMARY
The South African Police Services (SAPS) addressed the Committee on its human resource plans for 2003-2005, the implementation of Resolution 7, its Automated Fingerprint Identification System (AFIS), officer training, the firearms strategy, sector policing, the dog and mounted services and the SAPS logistical planning.

During the discussion, Members raised the following concerns: the effect of Resolution 7 on the fight against crime and the consequences of redeployment on police officers and their families, whether there are any data capturing problems in AFIS, how the new firearms licences work and whether the firearms that SAPS confiscated have been disposed of yet, whether monitoring of proficiency and compliance in the Community Policing Forums is taking place, whether SAPS is satisfied with the current recruitment and personnel figures and the ratio of officers to civilians and what happens to police officers that have been declared unfit to handle weapons.

MINUTES
Introduction by the Chairperson
The Chair apologised for being late. He noted that Deputy National Commissioner Singh together with all the SAPS Provincial Commissioners are present today, which shows that they are prepared to answer any questions posed by Members.

Human Resource Plan 2003-2005
Divisional Commissioner Stander, Personnel Services, conducted the presentation (see document) which outlined the human resource distribution and its criteria and the enlistments for 2003-2004 and 2003-2005.

Implementation of Resolution 7
Divisional Commissioner Nchwe, Career Management, conducted this presentation (see document) which focused on the background to Resolution 7, the different levels and phases of its implementation and outlined the dispute mechanisms in place.

Automated Fingerprint Identification System (AFIS)
Assistant Commissioner PJL Du Toit, Head: Criminal Record Centre, conducted the presentation (see document) which outlines the AFIS structures, the primary function of the Criminal Record Centre (CRC) and the Local Criminal Record Centre (LCRC), the need for the digital AFIS, its implementation and the impact on SAPS operations

Officer Training
Superintendent Botha conducted this presentation (see document) which focused on the training provided to SAPS recruits and personnel.

Firearms Strategy
Assistant Commissioner G Kruiser, Operations, conducted the first portion of the presentation (see document) which focused on the strategic objectives and structure of the strategy and the background to firearms control in South Africa.

Dir P Van Vuuren dealt with Pillar 1 of the Firearms Strategy, which involves the development and maintenance of appropriate firearm related regulations.

Director J Bothma, Head: Central Firearms Control Register, dealt with Pillar 2 of the Strategy, which involves the development and maintenance of effective control processes and procedures regarding firearms

Asst Comm Kruiser dealt with Pillar 3 of the Strategy, which entails the reduction or eradication of the illegal pool and criminal use of firearms, especially Operation Sethunya.

Dir Bothma conducted the remainder of the presentation, which outlined the compliance with firearms legislation, Pillar 4 that deals with the prevention of crime and violence through awareness and social crime prevention partnerships and Pillar 5 which involves regional co-operation and the SADC Protocol.

Sector Policing
Divisional Commissioner Makhubela, Crime Prevention, conducted the presentation (see document) which outlines the definition of sector policing and its five phases.

Dog & Mounted Services
Assistant Commissioner Groenewald conducted the portion of the (see document) which outlines the unit's organisational structure

Senior Superintendent H Mahlekisi, Subsection Head, dealt with the training and provisioning component, as well as the purpose of the unit.

Superintendent Dykes dealt with the monitoring and evaluation functions, the veterinary and mounted services and the service delivery of the dog services.

SAPS Logistics
Assistant Commissioner Sivundla conducted the presentation (see document) which outlines the capital works projects for 2002-2003, 2003-2004 and future financial years, the community safety centres, the vehicle purchasing for 2003/2004 and SAPS vehicle fleet statistics.

Discussion
Mr T Ralane (ANC) [Free State] proposed that, due to time constraints, SAPS be allowed to respond in writing to those questions it is unable to answer.

Div Comm Nchwe stated that SAPS will respond in writing to all the questions posed by Members, including those that it will answer during this session.

Mr Ralane asked SAPS to explain the synergy between the South African Police Services Act, the Public Service Act and the Employment Equity Act.

Div Comm Stander responded that there is a clear distinction between the three Acts, because different sets of rules apply to each. The SAPS Act for example, could provide specifically for the training or recruitment of officers. There are both advantages and disadvantages in the various Acts.

Mr Ralane asked SAPS to explain the impact of Resolution 7 on the fight against crime and on the families of police officers. What effect does it have on teamwork as well?

Div Comm Nchwe replied that in terms of fight against crime those officers that have been integrated in terms of Resolution 7 have enhanced SAPS' service delivery. This is in fact the very aim of Resolution 7. As far as the families of police officers is concerned, the transfer of officers is also aimed at improving service delivery. SAPS believes that it should redeploy officers. They could be redeployed to areas that are disadvantaged as far as policing is concerned, and their skills can enhance cross-pollination in those areas.

Mr Ralane asked SAPS to indicate any incentives in place for redeployment.

Div Comm Nchwe responded that SAPS does consider the personal circumstances of the officer when redeploying. There are many other factors relating to personal circumstances as well that SAPS considers before making a decision. This includes the impact on schools, wives and husbands. SAPS is thus also sensitive to family issues when considering officers for redeployment.

Mr Ralane sought clarity on the huge jump in the SAPS budget allocation for training.

Asst Comm Botha replied that this is due to the influx of officers. In 2001/2002 SAPS only trained 2068 officers, in 2002/2003 SAPS trained 7275 and in the current 2003/2004 financial year SAPS is training 9682 persons.

Mr Ralane asked whether a contingency plan is in place that would operate when the AFIS system is off-line.

Asst Comm Du Toit in the affirmative. It makes provision for uninterrupted power supplies.

Mr Ralane stated that if SAPS cannot trace the criminals it means the case has been lost.

Asst Comm Du Toit replied that those cases are not lost. Those cases are currently being reviewed, starting with the most recent first.

Mr Ralane asked whether the reported saving of R5m means that SAPS has over-budgeted.

Asst Comm Du Toit responded in the negative. That amount was requested for the upgrading of the searching capabilities. The full payment of the R5m to the Nigerian company that has been awarded the tender has yet to be made, hence the R5m.

Ms E Lubidla (ANC) [Northern Cape] asked SAPS to explain whether it is experiencing any data capturing problems with AFIS.

Asst Comm Du Toit answered in the affirmative. It is a very old manual system. In the end 37 000 files out of a total of 4,5 million were rejected by the system, because it could not read their poor quality. SAPS has attempted to reincorporate those old files, but most of them are already dead files. Problems are also experienced with the data lines as well as manual images, because they are so old.

Mr Lubidla asked whether there is a difference between criminal and non-criminal AFIS.

Asst Comm Du Toit responded that criminal search is done by SAPS when investigating a possible suspect for criminal liability. Criminal searches would also include a check on the person's deceased status and at the scene of a crime. A non-criminal search would include such matters as clearance certificates for people who wish to leave the country, because it is not related to a crime. Other examples would include searches for mortgage securities, personnel searches for government departments and firearm searches.

Ms Lubidla asked whether the fingerprinting system used by Department of Home Affairs and SAPS are the same.

Asst Comm Du Toit replied that these two systems are not the same. There a various differences. One such difference is the fact that the Department of Home Affairs system does not have as extensive a search facility as AFIS, and it is therefore not able to search the scene of a crime. The AFIS system can also rotate a fingerprint when searching for a match, whereas the Department of Home Affairs' system cannot. The Department of Home Affairs system has no criminal searching capabilities, whereas AFSI does.

Ms Lubidla asked how exactly the new card firearm licences work.

Dir Bothma responded that all the licenses in the current South African ID books are still legal. If a person applies for the transfer of the licence from the ID book to the simple green card firearm licence, s/he would have to complete the necessary form at the local police station. The licence is then issued freely to the applicant upon approval. The new blue print licence is a different matter. When SAPS begins renewing licenses, it will communicate the process and procedures to the community. At this stage the new blue print card licenses are not in place but the green card is in place, and it is a free issue.

Should a person negligently loses his/her card licence, SAPS will only reissue a free card licence if that person already has an ID book. From that point onwards the person would have to pay a fee of R60 for any future loss.

Ms Lubidla asked whether the firearms SAPS has confiscated have been disposed of yet.

Dir Bothma replied that a project is currently running which is aimed at clearing out all SAPS' stores of confiscated firearms in South Africa. It is important to note that there is a process that has to be followed when confiscating and disposing of these firearms. There are a number of tests that have to be conducted before the process can be finalised, and this does take some time. In the meantime Asst Comm Sivundla has provided additional resources in his office to address this additional workload.

Ms Lubidla stated that she is very worried by the fact that the old attitude of racism still seems to be alive and well within SAPS, especially in the Northern Cape. Far too often the black police official who has considerable experience but is not a senior official is overlooked or not given credit, because all the praise goes to the white officers who might not have the same experience but are higher ranking officers. This cannot be tolerated. Is it not supposed to be one united police force?

Div Comm Makhubela replied that this is an important matter and will be addressed.

Mr R Nyakane (UDM) [Limpopo] asked how many police stations the Limpopo Province currently has, and how many of the 442 new vehicles will that province receive?

Div Comm Makhubela replied that he unfortunately does not have these figures with him. This is a provincial competence, because each provincial department decides on the amount of vehicles received.

Mr Nyakane asked whether SAPS is having any problems with staffing the Community Safety Centres (CSC).

Div Comm Makhubela responded that this is a provincial competence. SAPS does not make this decision.

Mr Nyakane asked whether the firearm permits that were issued to senior officials in the former homelands are still valid, even though they are not proper licences.

Dir Bothma responded that there are two distinct licences referred to here. The first is the TBVC licence, and the second is the permit. The permit was previously issued to the officials of government departments, and thus the firearm still belongs to the government. Yet as far as the TBVC licence is concerned, in 1994 there was a grace period of nine months followed by a six month extension, during which holders of these TBVC licences were supposed to apply for a private licence at the Central Firearms Register. SAPS is currently conducting a follow-up to identify persons that still have these TBVC licences, and to address the matter. Thousands have applied for a private licence, but there are also many that have not.

Prince B Zulu (ANC) [Kwazulu-Natal] asked whether the maintenance of police vehicles has been provided for in the SAPS budget, because it was not mentioned by any of the presentations.

Div Comm Makhubela replied that this is provided for in the budget.

Prince Zulu asked why there is such a long delay in the firearm application requesting the transfer of the firearm to the next of kin.

Dir Bothma responded that this involves a lengthy process because a letter is needed from the executor of the deceased estate, as well as additional information. It is important to note that the new firearms legislation does not make provision for inherited firearms. The new law states that inheritance is a reason, but it is not a decisive factor for the issuing of the firearm licence to the applicant. The applicant has to supply substantive reasons plus supplementary documentation motivating for the issuing of the firearm.

Prince Zulu asked whether the new card firearm licences will be issued at any extra cost to the public.

Dir Bothma replied that the 2002 fee has been increased from R60 to R120. Thus the applicant would have to be R60 for the reissuing of the licence, and R120 for those applying afresh.

Prince Zulu asked how the AFIS system will identify a person that has no hands or legs.

Asst Comm Du Toit responded that AFIS does make provision for taking the prints of damaged limbs. With special adjustments, it can also take a person's footprint.

Prince Zulu asked whether the AFIS is able to cater for the fingerprints of children, which changes with age.

Asst Comm Du Toit replied that it does change. This is catered for. SAPS has requested the corporation Sagem, that provides the system, to look into this matter. Sagem has already produced a system which allows for the image of the child's fingerprints to be enlarged, so that a suitable comparison can be made. This software is currently being tested in Germany, and the feedback from this study will be made available in October 2003. This will have to be considered further.

Prince Zulu asked SAPS to explain the measures it is taking to provide treatment to those HIV/AIDS patients that are terminally ill, because it has been reported that they are not released.

Asst Comm Sivundla replied that it is the responsibility of SAPS once the suspect has been arrested to take the person to the nearest hospital. But once the person appears before a court and a verdict of guilty is returned, that person then becomes the responsibility of the Department of Correctional Services. That Department then is responsible for taking the person for treatment. In fact, many people pretend to be ill so that they can evade appearing in court.

Prince Zulu stated that there seems to be no follow up by SAPS on the fingerprints taken in the rural areas.

Asst Comm Du Toit responded that this matter is currently being looked into. It is the responsibility of the detective or the investigator.

Mr B Mkhalipi (ANC) [Mpumalanga] asked whether SAPS really is monitoring proficiency and compliance, especially with regard to community participation and the Community Police Forums (CPFs)

Ass Comm Kruiser responded by stating that the CPFs are a provincial competency. Yet at a national level SAPS is sensitive to the funding of CPFs. A national co-ordinating committee has been established which consists of both the national and provincial chairs of the CPFs. A document has been prepared which considers the role and functions of CPFs and it is made available at local and station level, so that all can participate in finding workable solutions to this matter. A meeting will also be held with all the provincial chairpersons to consider the enhancement and extension of the present capacity.

Mr Mkhalipi asked whether, in placing the order for additional SAPS vehicles, provision is made for vehicles used to transport those officials who work late shifts.

Div Comm Makhubela responded that this is provided for.

Mr P Matthee (NNP) [Kwazulu-Natal] asked when AFIS will reach its full capacity.

Asst Comm Du Toit replied that AFIS will reach its full capacity at the end of 2005. Plans and processes are in place to keep people up to date with this.

Mr Matthee asked when the "Morphotouch" apparatus will be fully implemented.

Asst Comm Du Toit responded that this is a pilot project. The software has been tested and SAPS is satisfied with it. The problems with the software have been sorted out, and SAPS has been allocated funds for it in the budget. A phased approach will now be followed to roll it out. It has to be stated that the assistance of all the partners in this project is necessary to ensure that the correct and updated information is on the system, because SAPS will face civil charges if it takes legal action against people who should not be on the system.

Mr Matthee sought clarity on the average case docket load of investigating officers. This results in so many cases being postponed.

Asst Comm Du Toit replied that this is true. The new Section 69 clear this up significantly, and the responsibility now lies with the Department of Justice and Constitutional Development to speed up this process.

The Chair asked whether SAPS is satisfied with the current recruitment and personnel figures. There never seems to be enough staff at the police stations.

Secondly, the Chair asked SAPS to indicate the ratio of police officers to civilians, so that Members can have a better picture of the whole situation.

Div Comm Stander responded to the first question by stating that it is currently being investigated. SAPS has enlisted 7100 functional members as well as about 8900 civilians, which will increase the workforce. Resolution 7 requires SAPS to focus on the station level.

Assistant Commissioner S Schutte, Head of Finance, added that this is a prevailing concern. It has to be stated that any increase, whether it be personnel, budgetary etc., is substantive in nature. The latest figures from the MTEF cycle indicate that the ratio of police officers to civilians currently stands at under 1:400, which is a sound ratio. This only takes into account the sworn in police officials, and does not include the vas number of attachments and the municipal police services. This figure compares very favourably with international standards. If one deducts inflation rates and other factors, this yields a figure of 6% real growth for the SAPS budget over the MTEF period. This provides R890m growth.

The Chair asked what steps SAPS is taking in respect of those officers that have been declared unfit to handle weapons.

Mr Nyakane asked how SAPS can now be reporting that there is a resurgence in the number of illegal firearms especially, when it has seized all those illegal firearms. How can this be?

Dir Bothma replied to the first question by stating that if an official has been declared unfit under Section 11 of the SAPS Act, all his/her privately-owned firearms are immediately confiscated. SAPS first has to await the outcome of the final decision of the court ruling under Section 12 of the SAPS Act before his/her official firearms can be removed. An internal investigation then commences which has to consider a suitable post to which that official can then be redeployed. This could include the transfer from an operational to an administrative capacity, where that officer would no longer have to operate firearms. This post would by law have to be occupied for a period of two years, and thereafter the officer can apply for the declaration to be lifted. If it involved a serious crime the officer will be immediately suspended.

As far as the second question regarding voluntary surrender of firearms is concerned, Operation Sethunya was a huge success. The only other option to get these firearms is by granting an amnesty, either in terms of current or future legislation. The Minister of Safety and Security (the Minister) has the power to decide who is granted this amnesty.

In 1994 SAPS issued over 230 000 firearm licences, but in 2002 only 130 000 were issued. There was thus a decrease of 100 000 over a period of nearly ten years. Firearms dealers sold more than 110 000 firearms during 1998, compared to just over 60 000 in 2002. In 1999 there were a total of 684 firearms dealers and has dropped to 565 in 2002, which is a drop of 190 in total. There has also been an enormous drop in the number of firearms in circulation in South Africa.

Asst Comm Sivundla added that the voluntary surrender of firearms does not mean that those persons will necessarily escape liability.

The following questions were not answered by SAPS during the meeting
The Chair asked whether SAPS has any plans to establish a trauma centre for those police officers who work so tirelessly.

Secondly, the Chair stated that he knows from personal experience that SAPS does not provide updates on the cases it is dealing with. This has to be improved.

Mr Ralane sought clarity on the financial implications that implementing Resolution 7 would have on the SAPS budget.

Mr Ralane asked for clarity on the nature of the disputes referred to by Divisional Commissioner Nchwe, as well as their financial implications.

Ms Lubidla asked SAPS to explain what is meant by a "crack down station".

Prince Zulu asked SAPS to respond to the allegation that South African prisons are so overcrowded because the police officers do not investigate the case properly.

Mr Matthee asked SAPS what is needed to enlist additional street patrol officers.

Mr Matthee asked whether SAPS has put in place a confidence-building strategy for officers and, if so, what does this strategy entail?

The meeting was adjourned.