The Committee met with South African Police Service (SAPS) to brief the Committee on its relationship/structure with the Metro Police Service (MPS). The SAPS delegation was led by the National Commissioner and all metro chiefs were in attendance. The six MPS, together with the MPS of the City of Mangaung, briefed Members on the establishment of each structure and provided updates on achievements and successes in the period 1 June 2018 to 31 December 2018. The SAPS briefing covered the relationship between SAPS and MPS, integrated operations, focus areas of deliverables of the MPS integrated plan, developmental support for MPS members, training and stakeholder communication channels.
The Committee noted that cooperation between SAPS and MPS is crucial in ensuring safety and security in SA and in realising the vision of the National Development Plan. The integrated approach between all role-players in the criminal justice cluster is essential and crime prevention must be clarified for MPS to play its role in visible policing and the general fulfillment of their mandate. Members questioned processes around firearms confiscated by MPS, appointment of the Mangaung MPS Chief, policing of protest action and traffic policing. Further probing occurred of the relationship between SAPS and contracted private security, following up on convictions as a result of arrests made by MPS, training and vacancies.
There was debate on the distinction of duties between SAPS and MPS, especially in terms of crime prevention, standardisation of equipment, collaboration between SAPS and MPS and lines of authority. Members wanted to know more about the relationship between the MPS and the Independent Police Investigative Directorate, specialised units established by the MPS, specific expenditure items and steps taken by the MPS regarding corruption and discipline.
The meeting was important for the Committee to get a status update on the current relationships and cooperation between SAPS and the MPS. The MPS play an important role in ensuring citizens are safe. All challenges and policy matters raised were noted along with the assurance of the National Commissioner to ensure all interim measures are addressed. Going forward it is important there is cooperation on standards, protocols and there should be no misunderstanding around mandate. Recent attacks on the MPS and SAPS are noted – injured members are wished well.
Chairperson Opening Comments
The Chairperson opened the meeting by noting the Metropolitan Police Services (MPS) is regulated under a comprehensive legal framework consisting of the Constitution, SA Police Service (SAPS) Act, Local Government Municipal Systems Act, Municipal Police Services regulations and various policing standards. The National Policing Standards for Municipal Police Services regarding Domestic violence and crowd management during gatherings and demonstrations has also been published.
Cooperation between SAPS and MPS is crucial in ensuring safety and security in South Africa towards realising the vision of National Development Plan (NDP) to build safer communities. The integrated approach between all role-players in the criminal justice cluster is essential and crime prevention must be clarified for MPS to play its role in visible policing and the general fulfilment of their mandate. Members would recall the Committee had an earlier interaction with MPS on 7 September 2016 where matters of cooperation and training challenges were discussed together with SAPS. Key matters discussed at the meeting were vetting of participant MPS at national and provincial levels, involvement of the Detective Services division and Crime Intelligence division of SAPS in joint operations, mandate of the National Traffic Unit, involvement of MPS in crowd management activities, especially in light of recommendations made by the Farlam Commission overlap of functions between SAPS and MPS, mandate and establishment of specialised units, corruption, bribes, digital police CCTV monitoring During the engagement with MPS, they indicated some challenges such as insufficient funding for expensive law enforcement infrastructure, increases in events, protest actions, land invasion and required policing, increased demand by communities for “local” policing and legislative challenges. The White Paper on Policing calls for a Single Police Service to avoid duplication of funds and scare resources – the Committee will explore this further today. Where there is fragmentation of police resources, other support services are likely to diminish and barriers make the task of policing more difficult and raises serious problems with regard to the jurisdiction of police over crimes committed especially where the suspects have crossed the border into another area. The matter of the Single Police Service would be part of this debate.
SAPS: Relationship/Structure with the Municipal (Metropolitan) Police Services
Gen. Khehla Sitole, National Commissioner of Police, said there is good cooperation between SAPS and the MPS. There is however opportunity to improve on this cooperation to take it to the next level. Gaps observed included the defined role of the Provincial Commissioner in the value chain when dealing with the MPS. There is also the role of the Deputy National Commissioners (DNC) as some of the decisions regarding support to be provided to the MPS are made by the DNCs. The DNCs advise the National Commissioner about such matters. The current forum of the MPS is that the level of the DNC and does not necessarily involve the Provincial Commissioners. As a result, the governance framework would be reviewed to introduce an executive level in the form of the National Commissioner and Provincial Commissioners to make practical decisions on matters arising. There would be a two-day session in March to develop an implementable strategy towards a Single Police Service approach in the long term. There are critical priorities which need to be shared with the MPS but which also require national attention or have national impact such as bylaws across the country – there are various root causes of crime and criminal modus operandi due to the absence of bylaws e.g. establishment of spaza shops. The creation of “safer cities” is currently a national and provincial priority – public spaces are a big problem in terms of spatial development planning. Some public spaces are old and are contaminating environmental design. There is also the matter of the President’s vision of radical economic growth – local economic growth is linked to crime at local level so investment at this level must also speak to crime fighting processes.
Maj. Gen. Leon Rabie, SAPS Head: Strategic Management, took Members through the presentation noting the Municipal (Metropolitan) Police Services (MPS) was established in terms of Section 64 of the SAPS Act, 1995 (Act No 68 of 1995). The MPS resort under their respective metropolitan councils and are completely independent entities. Section 64(E) of the SAPS Act, 1995, provides the functions of MPSs which are, traffic policing subject to any legislation relating to road traffic, policing of municipal by-laws and regulations and prevention of crime. Section 64(L) of the SAPS Act, 1995, prescribes the powers and duties of the National Commissioner of SAPS over MPS i.e. the National Commissioner may determine national standards for policing including standards of training. The Visible Policing Division (custodian of crime prevention) is responsible for coordination and liaison between the MPSs and SAPS.
Six MPS are established under Section 64(A) of the SAPS Act, 1995, while two are in the process of applying for establishment of an MPS.
The MPSs are involved in Police Coordinating Committees at national (National Joint Intelligence and Operational Structures), Provincial (Provincial Joint Intelligence and Operational Structures and Provincial Crime Combating Forums) and local levels (cluster crime combating forums).
Looking at the national forum for the MPS, a constitution has been developed to govern the forum. The forum supports to development of national cooperation agreements and national municipal policing standards, directives and procedures. The forum identified and shares good practices. The Forum is convened and chaired by the Deputy National Commissioner: Policing and in his absence, the Divisional Commissioner for Visible Policing on behalf of the National Commissioner. Meetings are held quarterly and are hosted by the respective MPS. SAPS representatives on the forum include the Provincial Commissioner of where the MPS is established and various divisions including human resource development, operational response services, technology management services, legal and policy services and supply chain management. Other representatives and their roles include:
-MPS: host meetings and contribute towards joint initiatives
-Road Traffic Management Corporation (RTMC) on behalf of the national Department of Transport: Report on traffic-related matters
-Civilian Secretariat for Police Service: Report on new legislation and progress in respect of a Single Police Service
- Independent Police Investigative Directorate (IPID): Report on challenges regarding reported cases
-Road Traffic Infringement Agency (RTIA): Report on implementation of the Adjudicative Administration of Road Traffic Offences (AARTO) Act
Maj. Gen. Rabie said three sub-forums have been established:
-national training committee: meetings are held on a quarterly basis to discuss issues of training for the MPS. Meetings are chaired by the Divisional Commissioner: Human Resource Development (HRD) and is convened two days before the NFMPS where the chairperson of the sub-committee reports to their standard agenda points. Committee is composed of SAPS, MPS and RTMC.
-National Research, Technical and Uniform Standards Committee: meetings are held quarterly, to discuss technical and research issues e.g. sharing of systems and equipment and assisting in development of uniform standards. Meetings are chaired by the Chief of a Municipal (Metropolitan) Police Service. The meeting is convened, two days prior to the NFMPS, where the chairperson of the sub-committee attends and reports to their standard agenda points. The committee is comprised of SAPS and MPS.
-Chiefs Forums: chaired by chairperson of the Chiefs of MPS. Meeting is convened a day prior to the NFMPS. Forum is comprised of all chiefs of the MPS.
Looking at developmental support for members of the MPS, an integrated approach is followed as development support cuts across the various areas of responsibilities within the Division: Human Resource Development (HRD). SAPS provides assistance in the following areas: asessment of management and quality assurance of the Policing Entry Level Qualification for MPS members, Law Enforcement Skills Programme, No. 4/2012 and guidance with development of a single, unique qualification for MPS under the Quality Council for Trades and Occupations (QCTO). Provisioning of additional training programmes for the MPS e.g. Drill and Physical Training Instructors, Management and Leadership training, Crowd Management training and General Policing training (mostly using a “train-the-trainer” approach) and monitoring of training progress and standards in the MPS environment.
In terms of post-basic training development, SAPS is responsible for assisting the MPS with post-basic training in all relevant policing fields mainly focussing on training of trainers in existing programmes and new legislation. An annual needs analysis is done to determine needs. Identified needs are fed into the SAPS training planning process. Seats are offered on courses at no cost to MPS including accommodation and meals if trainees are accommodated at a SAPS Training Academy. The Division: Human Resource Development (HRD), keeps record of all training provided to MPS.
Turning to integrated operations, regulations for MPSs require that Executive Heads (Chiefs of the MPS) must develop an Annual Plan in cooperation with respective SAPS Provincial Commissioners. The aforementioned plan must relate to prevention of crime in the area of jurisdiction of the Municipal Council concerned. Based on the regulation, as stated above, joint operations are planned/coordinated and executed at Provincial, Cluster and Station level. Examples of integrated operations include major national and international events, national, provincial and municipal elections, national opening of Parliament (SONA)m national and provincial operations and provincial priorities.
Maj. Gen. Rabie outlined the MPS and SAPS integrated plan will focus on the following deliverables:
-Ensure standardisation of recruitment psychometric battery for entry level
-Develop and implement an integrated technology user requirement
-Develop and implement an integrated operational resource plan for operational members
-Develop a framework for the Annual Operation Plan
-Develop and implement an integrated Anti-corruption Strategy
-Provide training on internal risks controls and risk management
-Provide assistance to the MPS to develop a vetting strategy
-Develop and implement an integrated budgetary resource planning model
-Review feasibility of existing by-laws and recommendations of new by-laws to assist crime prevention
-Develop guidelines for establishment of structured local coordinating committees
- Develop and implement a Safer City Model
Stakeholder communication channels are conducted through nodal points, which have been established with relevant stakeholders in order to ensure smooth communication and to avoid duplication of functions between role-players – all communication is done via nodal points.
Cape Town MPS
Cape Town MPS Chief, Mr Wayne Le Roux, outlined the City of Cape Town MPS was established on 1 December 2001 with a total staff component of 667. The City of Cape Town has a separate, dedicated City Traffic Department as well as a dedicated Law Enforcement Department which is unique to Cape Town – the Executive Director of Safety and Security is Mr Richard Bosman. The presentation looked at the structure of the Cape Town MPS, position profiles for civilian and uniform staff and composition in terms of ethnicity and gender. Also highlighted was the budget for the Cape Town MPS from 1 July 2018 to 31 December 2018 between capital and operating budgets. Members were provided with feedback on arrests made by the Cape Town MPS during the aforementioned period – 2 217 persons were arrested and 2 247 SAPS cases were registered with 2 415 charges. During the period, 29 firearms were recovered/confiscated, 752 ammunition was recovered/confiscated and 15 air guns or imitation firearms were confiscated. 26 vehicles stolen vehicles were recovered, there were 54 010 traffic offences and 8 345 bylaw offences from 1 July 2018 to 31 December 2018.
Ekurhuleni MPS Chief, Mr Isaac Mapiyeye, said the Ekurhuleni MPS was established on 16 February 2002 with a total staff component of 3 398. The MPS comprised of compliance, operations and specialised services, auxiliary and support services, licensing and security. After looking at the structure of the MPS, the presentation looked at the staff complement for uniform, administrative and licensing personnel. The total budget for the MPS for 2018/19 was R1 691 539 112. Between 1 July 2018 and 31 December 2018, the MPS made 5 116 arrests for offences such as driving under the influence of alcohol and drugs, drug-related crimes, reckless and negligent driving (Excessive speed), illegal mining and others. The MPS recovered/confiscated 18 firearms and recovered/confiscated ammunition over the same period. Also over the period, 426 stolen vehicles were recovered by the MPS and there were 1 048 576 traffic offences.
The Durban MPS was represented by Deputy MPS Chief, Ms Winnie Zama. She said the Durban MPS is the oldest in SA. It has a total staff component of 2 419 and operational staff component of 1 845. The Durban MPS is comprised of seven regional command teams. The Durban MPS budget for 2018/19 is R1 379 091 364. Between July 2018 and January 2019, the MPS carried out 90 drug-related arrests, recovered 460 stolen vehicles, made 99 arrests for hijacking/home robbery and 694 arrests for other offences. The MPS recorded 388 911 traffic offences, issued 1 725 arrests for traffic offences and recorded 2 555 cases of driving under the influence of alcohol. The city had 54 643 bylaw offences over this period.
The Johannesburg MPS Chief, Mr I D Thembe, said the Johannesburg MPS was established on March 2001. It has a total staff component of 3719 and operational staff component of 3 116. The Johannesburg MPS is comprised of regional operations, bylaw management unit, specialised services, internal affairs, auxiliary services and an academy. After looking at the 2018/19 budget and expenditure, the presentation provided feedback on crime stats for the period 1 July 2019 to 31 December 2018 where during his time there were 4 445 arrests for driving under the influence of alcohol, 78 arrests for drug-related crimes, 44 arrests for firearm-related crimes, 68 arrests for public violence, 42 cases of assault, 139 illegal migrants, 36 arrests for fraud, 17 arrests for malicious damage to property, 31 arrests for possession of stolen goods, 91 arrests for possession of hijacked vehicles, 61 cases of robbery and 135 arrests for reckless and negligent driving – this presented a grand total of 5 187 arrests. Also over the time period, 42 firearms were recovered, 372 vehicles were recovered and 455.5kg of dagga recovered and 1.509 kg cocaine recovered. In the same time period there were 1 304 887 traffic offences and 3 183 bylaw cases.The MPS had challenges in policing its traffic offences due to challenges with the South African Post office (SAPO) but this has been resolved. He invited the Deputy Director finance to brief the Committee on the financials of the MPS.
Mr Ntsako Maphosa, Johannesburg MPS Deputy Director: Finance, said CAPEX for the period 1 July 2018 to 31 December 2018 was not spent initially because the MPS had to reprioritise its projects. After the CAPEX was reprioritised and approved, it was expended on acquisition of an additional vehicle pound, specialised vehicles and air-condition maintenance. The CAPEX was R56.5 million while the OPEX was about R1.2 billion.
Nelson Mandela Bay MPS
Ms Yolande Faro, Nelson Mandela Bay MPS Chief, said the Nelson Mandela Bay MPS was established on 22 December 2012 but became operational on 29 March 2017. It has a total staff component of 132 and operational staff component of 126. The MPS is comprised of central operations and civilian and internal affairs. After highlighting the organogram of the MPS and staff profile establishment, the presentation said the 2018/19 budget for the MPS was R82 267 220. The CAPEX for the period under review was not spent initially because projects needed to be reprioritised. When it was reprioritised and approved the CAPEX was expended on armoured troop carriers (Nyalas) to the amount of R4 million while the OPEX was above R78 million. In terms of feedback on crime stats for 1 July 2018 to 1 December 2018, the Nelson Mandela Bay MPS made 218 arrests in the period: four arrests for assault, eight arrests for reckless/negligent driving, 12 arrests for theft/stolen property, two arrests for interfering with members, three arrests for robbery, four arrests for bribery/corruption/fraud, 28 arrests for drugs, 150 arrests for drunken driving and seven other arrests.
Lt. Gen. JM Nkomo, Tshwane MPS Chief, said the Tshwane MPS was established on 4 April 2002. It has a total staff component of 4 109, 3 841 of which are operational staff. The MPS is comprised of regional policing, specialised policing, training and innovation and police support and administration - specialised policing involves road safety operations to curb vandalism. The CAPEX budget was not expended initially because it was budgeted for three years. Applications for reprioritisation to procure vehicles has now being approved and a total of R10 803 661 has been committed out of the R11 500 000. Over the period 1 July 2018 to 31 December 2018, the Tshwane MPS made 1 582 arrests of which 486 arrests were for driving under the influence of drugs and alcohol, 149 arrests for drug-related crime, 36 arrests for reckless and negligent driving, 22 arrests of illegal immigrants and 889 other arrests. Also in this period, the MPS recovered 38 firearms and ammunition and recovered 41 stolen vehicles. 152 094 vehicles were inspected/searched, 49 606 persons were searched and there were 921 526 traffic offences.
She gave updates on crime statistics based on, arrests for various crimes; vehicles, firearms and ammunition recovered; and vehicles and persons searched, traffic offences committed.
Mr Israel Kgamanyane, Mangaung MPS Chief, said the Council Resolution of 29 November 2012 approved in principle the establishment of the MPS for the Mangaung Metropolitan Municipality. In November 2017, processes were underway for recruitment of the MPS Executive Head to commence duties on 1 January 2018. An application was made to the MEC in May 2017, there was acknowledgment in June 2017 but then reapplication was made in July 2018. Approval of the application for the establishment of the Mangaung MPS is still awaited from the MEC and the National Commissioner.
The Mangaung MPS is estimated to operate with ± 300 uniformed members on establishment. The Mangaung MPS is estimated to operate with ± 886 uniformed members on full establishment. The Mangaung MPS is estimated to operate with ± 132 administrative members on establishment.
Mr Kgamanyane took Members thorugh the projected budget and organogram. Once approval is received, the municipality is primed to draw a Crime Prevention Plan in conjunction with SAPS. There are five proposed workstreams - resourcing of Mangaung MPS, alignment of policies and legislative framework, service delivery andoperating model, governance, integrity and accountability systems and stakeholder and communication. Challenges experienced are finalisation of the application for establishment by the MEC, delay in tabling and gazetting, implementation plan and resources in finances, personnel, training and accommodation.
Ms A Molebatsi (ANC) asked the Durban MPS to give an update on the storage of its confiscated firearms and state why its Chief of Police was absent. She questioned the distinction between the duties of SAPS and MPS. She noted the Nelson Mandela Bay MPS Chief said the MPS was established in 2012 but its operations only started in 2017 – what had the MPS been doing for these five years?
Mr J Maake (ANC) questioned the appointment and commencement of duties of the Mangaung MPS Chief – it was not clear from the briefing whether the application was approved. Clarity is needed on whether the structure has indeed been approved.
Mr L Ramatlakane (ANC) asked the MPS to give more information on standardisation of equipment they used to carry out their duties. He noted SAPS mentioned it had internal committees dealing with challenges of MPS – did SAPS collaborate with IPID to ensure there were investigations on cases? Do people adhere to the need to first get approval from the Minister of Police to conduct protest action? This was one of the decisions of the Constitutional Court regarding protest action. He asked SAPS to state challenges experienced if protesters did not adhere to the ConCourt provision. He noted that Section 64(E) of the SAPS Act, 1995, gives areas for municipalities to function on traffic policing subject to any legislation relating to road traffic – did the National Commissioner give the MPS the power to carry out this function? Did the Judge give the MPS the power to police these cases? He asked if MPS in-sourced private security to perform any of its function and clarify if this private security was vetted when it assists with carrying out CCTV functions. He also asked MPS to state who owns information observed by private security working in CCTV areas. He noted that in Cape Town over the Christmas festivities an outsourced security firm, Professional Protection Alternatives (PPA), which is a private security company, restricted access of citizens at Clifton beach and was harassing citizens. He asked the Cape Town MPS Chief to give the names of the owners of PPA and clarify the claim that PPA did not have any contract with the City of Cape Town MPS. He understood that Section 64(E) of the SAPS Act covered deployment of resources for MPS and asked the City of Cape Town MPS Chief to clarify why there were no law enforcement officers at intersections. For instance, there was no deployment of traffic MPS at intersections at robots in township areas such as Khayelitsha.
Ms P Mmola (ANC) noted the MPS gave statistics on arrests but did not specify convictions that resulted from these arrests. She asked the Nelson Mandela Bay MPS Chief to state the number of vacancies the MPS had and how many had been filled to date. She noted that SAPS had a record of its training and asked SAPS to sate how many MPS officers were trained and the name of courses undertaken to date.
Mr E Buthelezi (IFP) asked the MPS to give more information on its arrests. He noted that Tshwane MPS had reprioritised its budget for a project that involved elections and asked why the MPS had used its entire budget for this activity.
Ms D Kohler Barnard (DA) noted the National Commissioner said SAPS would organise training for MPS – more detail is required on the specific plans for the MPS in this regard. She asked if the MPS dealt with IPID and if so, what the nature of these dealings are. She asked if Cape Town MPS collaborated with SAPS to proactively eliminate gangsters and clarify its relationship with the SAPS anti-gang unit. She asked the National Commissioner to give updates on the national drug master plan. She asked the Mangaung MPS Chief to clarify his official police rank because she knew he was from crime intelligence. She also asked if there was a standard qualification and training for attaining the MPS Chief position or if it depended on the municipality.
Mr Z Mbhele (DA) asked all MPS Chiefs to state how their crime prevention mandates where distinguished from SAPS’ crime prevention mandates. He asked the MPS Chiefs how they saw the extent of this mandate because if the MPS had the correct deployments they could prevent opportunistic and organised crime. He asked for clarification from the SAPS’ perspective on how MPS saw their mandates on crime prevention because, based on criminal activities with the municipalities, the MPS could have different specialised units. He remarked that one of the constraints and frustrations of MPS was that even though they could undertake operations individually or jointly with SAPS, they had to hand over all evidence and investigations to SAPS because the investigative mandate lies with SAPS. This is the value pipeline that results in convictions that Ms Mmola referred to. He asked if the MPS saw any value add to the proposal contained in the White Paper on Policing for the extension of limited investigative powers for MPS for areas within local government of bylaws, traffic laws and aspects or activities under municipal control. He asked the Johannesburg MPS Chief to give updates on the fiasco that followed the 2018 Global Citizen Festival incident. It was alleged that after the concert, held at the FNB Stadium, there were no SAPS or MPS officers around the stadium which left the patrons open to attacks from local crime gangs. He asked the MPS to explain the rationale for procurement of armoured vehicles when its use fell under the mandate of SAPS and citizens did not feel they were adequately serviced by the MPS. He noted that in the OPEX of Tshwane there was an expense on remuneration of councillors – why does the Tshwane MPS carry this expense?
The Chairperson noted the MPS had about 15 000 staff and the budget allocated to the MPS in each metro was a big share of the total safety and security spend of the country. He noted the migration of MPS to carry out functions that specialised units in SAPS were supposed to carry out might be a response to the fact that these functions are not being carried out by SAPS. Hence he suggested that since the country had limited resources and needed to spend wisely, there should be a proper analysis to ensure coordination of roles between MPS and SAPS. He asked if any concerns in discipline existed in MPS and the steps being taken to control corruption. He noted the Ekurhuleni MPS CAPEX showed cooperation with other spheres of government as it reflected refurbishment of existing police stations and construction of new ones where it was not available. He asked the National Commissioner to speak to areas where the MPS was challenged to ensure there would be closer collaborations on those areas.
Gen. Sitole said SAPS acknowledged the determination of MPS to fight crime even though this sometimes fell outside the boundaries of the MPS mandate. In the constitutional mandate and core functions of SAPS, there is prevention and combating of crime – the function of combating of crime is not extended to the MPS yet presentations today touched on the combating activities of the MPS. Practically this is not wrong but it needs to be formalised. There is a need for SAPS and MPS to sit down and thrash out many areas – there will be areas where it would be fine for MPS to play a certain role and other areas for collaboration between SAPS and MPS. Some of these areas will require policy review. Crime prevention has three dimensions – community crime prevention, situational crime prevention and developmental crime prevention. The presentation by the MPS hardly speaks to these three dimensions and more of combating of crime – this needs discussion. The most difficult dimension is situational crime prevention. Local crime prevention would also need to be discussed – this speaks to the drug master plan. Mention was made of nyalas – the nyala is a combat vehicle and not for prevention. The procedure to be followed by the MPS in acquiring nyalas required sanction and standards and conditions for their use i.e. when they are deployed. When nyalas are deployed in areas not warranted, it provokes the community and might led to unintended consequences. Drivers of nyalas must be trained and must meet the competencies of public order. Level three equipment should only be deployed in level three situations – level three is a pure SAPS mandate in terms of the Constitution. It should be agreed the deployment of nyalas will not be done without sanction of the Provincial Commissioner after consultation with the MPS. If anything happened, as the Farlam Commission pointed out, there must be accountability for why nyalas are used. It is positive that the acquisition of the nyalas enhanced the resources of the MPS in terms of public order. Other equipment also require standardisation. Crime detection is responsible for specialised units – no specialised units can be created without accounting to SAPS crime detection. This is why it is important to bring the DNCs into the review approach to ensure they are party to the MPS. There are also specialised units in policing. Standards around specialised units must be outlined together with the rules of the game. It must be ascertained whether policy and regulation sanctioned the creation of specialised units by MPS. If not, the policy review must be awaited. Strategic installations are the responsibility of SAPS along with National Key Points. Some of the actions carried out by the MPS might not be wrong but they can be premature and not permissible in terms of current legislation. In the upcoming two-day session, stock would be take of everything MPS have put in place for screening together between the MPS and SAPS in terms of what the current legislation permitted. There would be amicable agreement on disposal of activities which current legislation prohibited. This would enhance the effectiveness of the MPS going forward. The National Crime Prevention Strategy spoke to integration of resources – in areas of collaboration, the resources of the SAPS and MPS must work together in order for the resources to complement each other. There might be a need for SAPS to look at the population to police station ratio and complementing this with the population the MPS served. This could also be used to inform resourcing of MPS. SAPS would continue to work with the metros to bring in the developmental process of the metros in the move towards a Single Police Service approach. The National Commissioner said he wants to come closer in closing the gap between SAPS and the MPS. There is an advantage in the level of understanding and cooperation showed by the MPS.
Mr Richard Bosman, Executive Director: Safety and Security, City of Cape Town, noted he appeared at a hearing of the Portfolio Committee on Environmental Affairs on the matter at the beach. He stressed there has never been any official or unofficial agreement between the City and PPA. The City has in fact formally launched a complaint against PPA and a hearing would be held on the process by the Private Security Industry Regulatory Authority (PSIRA). PPA had no mandate from the City of Cape Town. Vetting of PPA is not the responsibility of local government – this is the responsibility of PSIRA. PPA was contracted by individual residents of Clifton Beach. The Improvement Districts policy has been drafted together with PSIRA and is out for public comment as the Improvement Districts does contract private security to ensure all requirements are met by the Industry itself.
Mr Le Roux said the MPS was mandated to inform IPID of any contraventions or incidents pertaining to the jurisdiction of the Directorate. There are monthly meetings with IPID where recommendations are handed over in the case of serious investigations. The City of Cape Town MPS takes a zero tolerance approach to corruption and action is taken immediately should there be such a case – the member will be suspended and taken off the road after which disciplinary action will be taken in close collaboration with IPID. IPID is involved in any case of discharging of a firearm. The City of Cape MPS has a contract with private security for the CCTV control room. In the control room is also a SAPS member and metro supervisor on duty. A host of stakeholders play a role in the response so there is constant discussion and monitoring. It is part of the tender process to ensure people working for the City are cleared. In terms of township traffic control, in certain areas there have been major challenges with traffic which resulted in opportunistic crimes such as smash and grab – an example is Stock Road. Part of traffic challenge was due to construction in the area. Over the past few months, there has been major improvement with traffic management and the road has been widened. Part of the strategy is ensuring there are more visible checks closer to intersections and public transport interchanges as there is a need for more visibility – this includes the weekend and at ATMs. This cannot be done alone so there is work with other stakeholders, such as the police, especially when it comes to criminal activity. With regard to arrests and convictions, about two or three years ago, the City developed a “watch in brief” to ensure there is a monitoring aspect to arrests carried out to check the status of various cases. Feedback is provided by the police. With the procurement of heavy duty armoured vehicles, such as nyalas, the MPS have to align to various standards and meet certain requirements. Most of the time the City of Cape Town piggy-backs off tenders with SAPS or other stakeholders when it comes to heavy duty armoured vehicles. The unit with the Mayor has nothing to do with the City of Cape Town MPS.
Lt. Gen. Nkomo said there is no line or buffer zone when it came to distinguishing of roles of uniformed law enforcement – if there is a situation, citizens expect the officer to react. When it comes to protest action without authorisation, such action is not necessarily unlawful – it would be unlawful if crime is committed during a protest, gathering or march. The MPS must act strategically when it comes to such action and compile information on how many people are expected and what the protest is about – this would ensure policing is prepared. With specialised units, the City of Tshwane MPS was forced to establish the cable theft unit – this was done together with SAPS and the organised crime units. The City Council was not assisting the MPS on the matter hence resorting to the specialised unit. The unit checks second-hand goods stores which are found to be actively involved in this crime. The Tshwane MPS does not have any outsourced functions but there are contract services for guarding of areas such as water reticulation centres. These private security companies would be contracted through a tender to assist in guarding these installations. With the reprioritised budget, for Tshwane, the national election is serious and involves the security of the country. This was tied to the procurement of resources such as radios and nyalas in order to react appropriately. In terms of standards, the nyalas are procured through SAPS. The remuneration of councillor (plural) was an error and is meant to read a single councillor – only the MMC for Community Safety is remunerated through the Tshwane MPS budget. In terms of collecting intelligence, the MPS does not have a mandate to do this. Intelligence is however shared in the forums in terms of crime prevention initiatives.
Ms Faro said in 2012, a task team was established to start the MPS and an official was appointed as Chief but was then dismissed in 2016. She informed the Committee that she applied in 2016 but became only operational in March 2017. The MPS in Nelson Mandela Bay has an approved five- year plan but she has requested augmentation of an additional 138 staff because the demand for MPS in Nelson Mandela Bay outweighs current resources. 25 positions would be advertised soon and will be filled before 30 June 2019 (end of financial year). In Nelson Mandela Bay, there is internal monitoring and tracking of arrests and cases. There are internal processes to deal with disciplinary matters – currently there are no such matters.
Mr Mapiyeye said once the MPS recovers a firearm or stolen vehicle, the case is handed over to SAPS. The Ekurhuleni MPS works closely with IPID in its monthly meetings.
Mr Kgamanyane said he was a police officer who had been redeployed to other duties before he became the Chief of the Mangaung MPS. He applied for the position, went through the interview and competency tests and passed. Records of both interview and competency tests are with the municipality. The first application for the establishment of the MPS in Mangaung went missing. The MEC has confirmed that everything seems to be in order with the second submission and it is hoped approval would arrive soon. He would relay the question on his appointment to the municipality and ensure the Committee receives an answer in writing.
Mr Maake asked how Mr Kgamanyane was appointed before the application to approve establishment of the Mangaung MPS was finalised.
Mr Kgamanyane said he was not aware of the first application to approve establishment of the Mangaung MPS before he was appointed. He had to submit a second application when he assumed duty but the MEC would provide answers in writing.
Mr Thembe said the Johannesburg MPS was trained by SAPS on how to handle crowd management equipment and SAPS takes the lead. In-sourcing of security is done in conjunction with SAPS but CCTV is managed by MPS. Johannesburg MPS follows-up with courts for feedback on convictions. The MPS does not investigate drug dealers. MPS only collaborates by taking drug users to rehabilitation centres. MPS worked with SAPS and Johannesburg provincial services on the Global Citizen Festival incident and is following up on people arrested and in custody.
Ms Zama said the Durban Chief of Police was not available because he was ill and had sent apologies to the Committee. There is only one specialised unit in Durban on crowd management and the unit collaborates with SAPS. The Durban MPS has a direct relationship with the National Prosecuting Authority where Durban MPS staff follow up. There is an internal affairs unit that disciplines personnel and decisions are based on outcomes. CCTVs are not controlled by the Durban MPS - the controls are with other departments. Officials in Durban have gone on SAPS training courses.
Ms Molebatsi noted that when the Tshwane MPS was called to address the early morning disturbance and activities by shebeens, officials that answer the phone replies it is the responsibility of SAPS yet today the Committee heard today duties between SAPS and the MPS are not distinguished.
Mr Maake noted the answer given by Mr Kgamanyane was weird and might lead to litigation. The Committee needed to address the situation. The answer of the National Commissioner on collected intelligence data is insufficient. The data intelligence unit must be disbanded because the personnel have broken the law.
The Chairperson the Committee would write to the Mangaung Municipality with regard to the appointment of its MPS Chief.
Mr Ramatlakane said the response that reviews would be done on the developmental and functional matters of MPS in a bid to have it regulated was not correct as what was illegal had to be disbanded. The Cape Town MPS said the unit of the Mayor has no dealings with the Cape Town MPS but there must be clarification of the party in charge of security from this unit. If it is not part of the MPS, then it is outside the regulation of the law, is doing something illegal and should be disbanded. The response by PPA is suspect and it is clear that PPA gave itself the function for the last three years – this is outside of the law. One needs to ask about other locations where security firms are operating. They would also need to be disbanded. He asked if the City of Cape Town MPS had a canine unit and if it was standardised. It should be noted the registration of a private security firm is a serial function and if a party procures private security then the party is partly responsible for vetting the security firm.
Mr P Mhlongo (EFF) agreed with Mr Maake’s suggestion that the data intelligence unit be disbanded because any reckless handling of intelligence information could result in multiple events that could affect national security. He noted the Minister of Police said yesterday, during the Committee meeting, shebeens should not be located near schools because of criminal activities that could happen as a result of alcohol abuse. Is there a well-oiled mechanism between the line of operation of the MPS and SAPS in this regard? There must be an understanding of where the buck stops. Churches need to be regulated as shebeens are – many communities complain that there are preachers preaching and shouting throughout the night, keeping them out of sleep. Policing of such matters cannot only be the responsibility of SAPS. With events, event management must be coordinated in the area where the event needs to happen. Crowd control management did not seem to exist in the City of Durban. The Member knew of many deaths occurring during protests. This showed there is a gap in terms of training. He asked the Durban MPS what kind of training it is putting in place to ensure its members use the recently purchased equipment correctly and does not result in unnecessary deaths.
Ms Mmola said MPS should give a list of operations conducted within the period under review.
Mr Mbhele asked SAPS what measures, plans and training was given to MPS officers to mitigate being killed on duty.
Gen. Sitole said the session today is a working one between SAPS and MPS. Matters requiring attention pertaining to mandate started last week – Deputy National Commissioners and Provincial Commissioners have been instructed to take stock on matters existing unlawfully so that they can be stopped. The two-day session planned would look at paving a way forward for the MPS in terms of what the law allowed. Whatever is not right shall be acted upon immediately. The differing operations would be the responsibility of the various Deputy National Commissioners.
Lt. Gen. Bonang Ngwenya, SAPS Deputy National Commissioner: Human Resource Management, said SAPS kept a register for training. She highlighted the course contents and said the modules were on policing standards. There are also training programs that address MPS developmental functions. Presently there are 3 196 members undergoing training on 51 courses which would be completed before the end of the financial year. SAPS would submit the training register in writing to the Committee.
Mr Le Roux said the Cape Town MPS collaborates with SAPS and there were times that the 40 dogs in its canine unit were used in SAPS operations. The dogs are given to officers in the MPS when they complete their tour of duty. The Cape Town MPS had experienced 47 deaths when policing protest actions outside traffic or drug related offences. The MPS also has debriefings to support staff to enable officers to be aware of challenges. Memos are constantly sent out the staff asking them to be alert by changing routes, being aware of one’s surroundings, the importance of informing one’s family of one’s whereabouts, reporting any threats or suspicious vehicles etc both off and on duty etc. This also applies to fireman and ambulance drivers. There are also wellness programmes providing support.
Lt. Gen. Nkomo maintained there was no distinguishing line in the duties of SAPS and MPS when it came to prevention of crime. There are in excess of 30 police stations in Tshwane - seven belonged to MPS and the response to cases depended on officers in the police station that was nearer. SAPS is not in charge of the licensing of shebeens near schools because they had earlier being faulted.
Ms Faro said the Nelson Mandela Bay MPS had joint operations with SAPS on narcotics, gangsterism, outstanding warrants and for tracking stolen vehicles.
The Deputy Chief of Police of Ekurhuleni MPS said it regulated the location of churches within residences to ensure that noise was reduced to a minimum. The liquor board is involved in issuing licences to shebeens in a municipality.
Mr Mapiyeye said that the Ekurhuleni MPS ensured its officers received training, including refresher training, from SAPS on ways criminal activities took place in society.
Mr Thembe said the Johannesburg MPS worked with SAPS to prevent crime in the metro. Joint operations include road site checks, road blocks and cordoned off searches. The JMPD does not wash its hands of what happened at the concert event – several people were arrested and handed over to SAPS for investigation.
Mr Mhlongo said the Johannesburg MPS was responsible for the planning phase of programs within its jurisdiction hence it must provide crime prevention services in the metro even when a national event is taking place in the metro.
Mr Thembe said planning for the event took place with SAPS, both the PROVJOINTS and NATJOINTS.
The Chairperson said the meeting was important for the Committee to get a status update on the current relationships and cooperation between SAPS and the MPS. The MPS play an important role in ensuring citizens are safe. All challenges and policy matters raised are noted along with the assurance of the National Commissioner to ensure all interim measures are addressed. Going forward it is important there is cooperation on standards, protocols and there should be no misunderstanding around mandate. Recent attacks on the MPS and SAPS are noted – injured members are wished well.
The meeting was adjourned.
- Research Unit - Relationship between the Metropolitan Police Services and the South African Police Service
- Mangaung Metropolitan Municipality - Establishment of the Municipal Police Service
- Metropolitan Police Department - Report on the status of Metropolitan Police Departments in South Africa
- SAPS - Relationship/Structure with Municipal (Metropolitan) Police Services
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