SAPS Quarter 3 Crime Stats; SAHRC on torture or ill treatment in police custody; with Ministry

Meeting report

Meeting Report
Minister Bheki Cele stated that it was a big matter when the Minister was accused to have ‘caused trouble and stirred dirty waters in Normandien near Newcastle.’ He reported to the Committee previously that he would take the matter forward. The matter was taken forward to the Press Ombudsman, there was a long analysis.

[The Landbouweekblad newspaper had attributed a misleading headline to Cele that further enflamed the relationship between the police and the farming community.
On September 22 last year, the newspaper published an article with a headline “Cele: Boere moenie kla as hulle seerkry nie (Farmers must not complain when they get hurt).” Source: iol]
The findings of the Press Council were:
Landbouweekblad has breached the following sections of the Press Code:
1.1, 1.2 and 1.3 in that it did not ascertain that the quotes were correct apart from relying on one source, and in fact did not even have a reporter at the meeting. It should have clearly reflected that these were allegations made by farmers who attended the meeting.

1.8 in that it did not put the contested quotes to Mr Cele’s office for comment or confirmation.

10.1 for the headline that stated as fact that Mr Cele had said that “farmers must not complain if they get hurt.” This was misleading.

These are Tier 2 offences.
Landbouweekblad is ordered to apologize to Mr Cele, and to offer him a right of reply.
The apology must be published on all platforms in which the original story was published and as a prominent link to the original online story.
The apology must be approved by the Ombudsman.
The Press Council logo and a link to this finding must also be published

The Minister stated that the media should not become a source of problem. He brought this to the Committee to provide feedback as this issue had previously been brought to their attention.

South African Human Rights Commission (SAHRC)
Rev Chris Nissen, Western Cape Commissioner, SAHRC, introduced the presentation and handed over to his colleague.

Presentation of the Optional Protocol to the Convention Against Torture
Dr Kwanele Pakati, National Coordinator: Research Division, SAHRC, presented the Optional Protocol to the Convention against Torture.

- The Preamble to the Optional Protocol to the Convention Against Torture (OPCAT) stated that ‘the protection of persons deprived of their liberty can be strengthened by non-judicial means of a preventive nature, based on regular visits to places of detention’
- In compliance with treaty obligations, South Africa deposited the instrument of ratification of the OPCAT with the Secretary-General of the UN in his capacity as depositary of multilateral treaties on 20 June 2019.
- The OPCAT come into force for South Africa on 20 July 2019. Under Article 3 of the OPCAT, a system of regular monitoring of places where persons are deprived of their liberty is envisaged through the establishment of national bodies known as National Preventive Mechanisms (NPM).
- The NPM has a duty to monitor places of deprivation of liberty and make recommendations to the State. It must also follow-up on the implementation of its recommendations.
- In our context, the places where persons are deprived of their liberty include police stations, immigration detention centres, correctional facilities, mental health facilities and Secure Care Centres (SCCs).
- The OPCAT is not prescriptive on the model of an NPM but underscores the importance of independence (financial, administrative, operational and legal). On ratification, States parties have an election under Article 24 to make a declaration postponing the implementation of their obligations for a maximum period of three years.
- No declaration was made by South Africa invoking the provisions of Article 24 in relation to its obligation to establish an NPM.
- In fulfilling this obligation, government designated a multiple-body NPM, to be coordinated and functionally led by the South African Human Rights Commission (SAHRC).
- The NPM includes the Judicial Inspectorate for Correctional Services (JICS), Independent Police Investigative Directorate (IPID), the Military Ombud and the Health Ombud, with the necessary legislative amendments to give effect to the prevention mandate.
- A key feature of the NPM is its preventive approach which is designed to identify risks with the view to strengthen the protection of those in detention. It must do this in dialogue and cooperation with the state.

National Preventive Measures Presentation
Rev Nissen indicated that there would be report submitted to the Committee in due course. The report currently dealt with the metro and some outlier areas but once they had included other areas they would have a better picture of what was happening within the Western Cape.

- Through the NPM’s systemic analysis before, during and after monitoring visits (as well as follow-up visits), it was able to identify trends, improvement or deterioration of the conditions of detention and provide recommendations to reinforce/implement protective measures as underscored by international and domestic human rights law.
- The NPM’s preventive approach also focused on cooperation and constructive dialogue with the authorities in order to contribute to positive changes.  Cooperation was not a synonym for complaisance though. It means entering into critical dialogue and developing a constructive working relationship with the authorities, based on mutual respect, in order to assist them to find solutions to the problems encountered.
- There was a possible cost-benefit to the fiscus over a period of time by reducing civil claims against the state as well as possible human rights violations.

SAHRC as the NPM Coordinator
The Commission will be required to collate and produce an aggregated report on places of detention, coordinate research on addressing gaps in monitoring, policy deficits, develop guidelines for monitoring by other institutions for consistency and report to Parliament, the UN Committee against Torture (CAT) as well as the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT). The Commission is also responsible for coordination, including the following areas:
- Develop an effective NPM that meets the requisite provisions of OPCAT;
- Ensure cohesion of methodology and coordination of work;
- Promote collaboration, information sharing, cohesion and good practice between NPM bodies i.e. JICS, IPID, Health Ombud, Military Ombud etc;
- Convene regular meetings of NPM bodies;
- Facilitate joint activities between NPM bodies;
- Liaise and facilitate engagement with international human rights bodies (e.g. the SPT and other NPMs);
- Make joint submissions to international treaty bodies;
- Represent the NPM with Government, other national actors and at the international level; and
- Prepare the NPM annual report and other NPM joint publications.

Baseline Assessment
- From June 2019 to March 2020, the SAHRC conducted a baseline assessment to understand the detention architecture, consider issues for institutional review so as to determine whether the NPM is fit for purpose.
- The baseline study was also designed to assess the treatment of persons deprived of their liberty in the provinces as well as to provide various stakeholders with information on the NPM’s mandate and its future plans in line with the recent entry into force of the OPCAT.
- Most of these visits were announced, while a few were unannounced.
- As an outcome of the baseline study, the first report of the NPM was produced. This report presented a baseline assessment of South Africa’s detention architecture, conditions of persons deprived of their liberty with recommendations regarding the additional monitoring infrastructure required to ensure all places of deprivation of liberty are subject to monitoring in accordance with the OPCAT.
- The report tracks the progress on the OPCAT implementation process in South Africa since its ratification. It also documents the OPCAT journey in South Africa leading to the pre and post-NPM establishment and its observations during baseline visits to various places of deprivation of liberty
- The report also assessed potential areas for legal reform in line with the OPCAT mandate.

Anecdotal Observations
- In respect of police stations, the SAHRC found that the custody infrastructure is generally in a state of neglect and decay, with the cleanliness of cells and other facilities widely inadequate. Most stations were found with dirty blankets and toilets.
- Concern was raised specifically at the condition of the Imbali satellite station as well as lack of adequate infrastructure and facilities at Sebayeng and Boitekong satellite stations.
- Police stations must also improve their compliance with the regulations relating to food handling and preparation as some did not have certificates of acceptability. The provision of meals should also be consistently applied.
- Some police stations do not have Victim Empowerment Rooms (VERs) at all, which is a cause for concern, and, in some, counsellors provided by the Greater Rape Intervention Project (GRIP) have been withdrawn as a result of funding challenges. Without such services, rape and gender-based violence survivors are effectively disenfranchised.
- In this regard, the SAHRC recommended that the Gender-Based Violence and Femicide National Strategic Plan should prioritise the capacitating of VERs across the country.

Challenges
- There are some issues that the State, through various departments such as the DoJ&CD and the NPM itself should address in the immediate future.
- Firstly, while the SAHRC enjoys constitutional independence and protection as a National Human Rights Institution (NHRI) and a Chapter 9 institution, the mandate of the NPM should be clearly articulated in legislation. This is largely because of the complexity and nature of a multi-body NPM.
- The mandate must be clear on the powers of the NPM to inter alia, freely choose which places of detention to visit in line with articles 4 and 19 of the OPCAT, whether such visits are announced or unannounced, access information and to make recommendations to the State.
- The major challenge with the NPM model is the complexity of a multi-entity NPM as well as the independence aspect of the OPCAT. Most of the institutions identified to undertake NPM work report to the same executive they are meant to oversee. 
- Secondly, the legislation must create a mechanism for the protection of the NPM and its personnel against any reprisals. This is essential for the effectiveness and independence of the NPM. Without this protection, the NPM cannot work without fear, favour or prejudice.
- The operational independence of the NPM must be guaranteed. To do this, legislative provisions should set out the source and nature of the NPM funding. It should specify the process for the allocation of annual funding to the NPM.
- Third, the operational independence of the NPM must be guaranteed. To do this, legislative provisions should set out the source and nature of the NPM funding and should specify the process for allocating annual funding to the NPM.
- Oversight bodies identified by the National Assembly must also introduce a prevention mandate in their working methods.
- Through the SAHRC, the NPM is in the process of finalising draft legislation to be recommended to the Department of Justice and Constitutional Development (DoJ&CD).

Section 11 Monitoring Committee
On Tuesday 14 April 2020, the SAHRC established a statutory advisory committee (the Committee) to assist in monitoring the implementation of the COVID-19 national lockdown Regulations and its related impact on Human Rights in South Africa. The Advisory Committee is established in terms of section 11 of the South African Human Rights Commission Act 40 of 2013 (SAHRC Act). It is chaired by Commissioner Chris Nissen and consists of civil society organisations and individuals working in various communities across the country. Members of the Committee are issued with accreditation letters and exemption permits in compliance with the COVID-19 Regulations.

Between 26 March 2020 – 3 March 2021, SAHRC monitors have observed and received complaints concerning state and private security members which include:
- Delays in processing
- Threats, intimidation and harassment
- Assault Common
- Assault GBH
- Torture - beatings of minors and adults including use of sjamboks
- Gender-based violence and discrimination
- Attempted murder - being shot at with live ammunition and rubber bullets
- Murder - shot with live ammunition and rubber bullets (Malicious) intent to do harm - Being shot at with rubber bullets at close range and inside homes
- Trespassing
- Damage to property

IPID Statistics
According to IPID, between March 26, 2020 and January 31, 2021:
- They received 5,226 complaints nationally (since 2014/15 average 5, 900 cases per annum)
- One fifth, 1 065 complaints, were against the Western Cape police including 971 relating to police brutality.
- Highest complaints were registered against Mitchell’s Plain Cluster, Khayelitsha, and Tygerberg 241 case investigations have been resolved
- 19 cases are currently being prosecuted by the NPA - 11 assaults, four deaths as a result of police action and four charges of rape by police officers. Two cases were withdrawn.

Detention of Minors
At Atlantis SAPS, SAHRC monitors have reported the assault, arrest and detention of minors on 4 separate occasions. They reported:
- Minors detained in holding cells with adults for hours or overnight with the knowledge of the - Cluster Commander and Station Commander.
- Minors who had been targeted and assaulted – kicked, punched, knocked unconscious, sjamboked, and threatened by SAPS officers, and ALIU private security. SAPS officers continued the assaults at SAPS Atlantis after arrest during processing and in holding cells.
- Have been left for hours or overnight in holding cells without adequate, food, water or medical attention.
- Have been left for hours or overnight in holding cells by Social Workers after SAPS have reported that minors have been detained.
- Have been interviewed by Social Workers in the presence of the SAPS officers who allegedly assaulted them, who subsequently threatened and re-traumatised a minor with legal action.

Gender Based Violence
On 15 September, STAND NGO reported to the City of Cape Town and SAHRC monitors allegations of gender-based violence, including strip-searching of women, by Private Security officers, at City of Cape Town’s Safe Space for Homeless Adults in Bellville. The Private Security reported that they had been instructed by employees of the City of Cape Town’s Service Provider- MATDOC. The women victims were threatened that if they reported to the SAHRC, the shelter would be shut down and they would be forced back to the streets. SAPS was not called by the City of Cape Town or MATDOC nor was any legal assistance offered. 2 Women requested assistance to report to SAPS from SAHRC monitors. On the first victim’s arrival, no VER was provided and a female Bellville SAPS officer proceeded to take the statement in the charge office. The situation was very traumatic for the victim. The female SAPS officer was rude, aggressive and dismissive. The victim ran out of the station crying and had to be helped to return by the SAHRC monitor. The SAPS officer’s response was that she had her own trauma to deal with. FCS was called by SAHRC monitors to further investigate. A young male officer arrived and took the first statement on a bench outside the station. No VER or female officer was provided. He reported he was in a rush. The victim’s request that SAHRC monitors be present was rejected by the FCS officer. He reported to the first victim before she gave a full statement that her case would not be investigated by FCS as it was not GBV nor sexual harassment or intimidation. A complaint has been submitted to SAPS regarding the SAPS Bellville officer and the FCS officer by SAHRC monitors.

- Atlantis – The Station Commander was facing criminal charges of sexual assault by 2 female officers - CAS 412/12/2019
- Langa - A male Captain at Langa SAPS refused to open a case of GBV and turned the victim away.  They subsequently reported it at Bishops Lavis.
- Delft – 2 women went to report a rape incident. Whilst they were reporting, the perpetrator arrived and accused the victims of arson. The SAPS officers arrested the 2 victims. They interviewed the male suspect and then released him. The following morning the 2 victims were released without being allowed to open cases. SAHRC monitors intervened and the 2 victims opened the cases at Milnerton SAPS. A male suspect was arrested and the case is before the court.
- Delft – 2 police officers have been charged with attempted rape. 1 has been suspended and 1 voluntarily resigned.
- Philippi East – A female victim attempted to report an alleged rape by a male SAPS officer, which is currently under investigation.

Excessive use of Force
SAHRC monitors report that 971 cases of police brutality in the WC reported to IPID is likely not a true reflection based on:
- The excessive use of force and culture of violence observed by SAHRC monitors across the lock-down particularly in relation to: protests, forced removals, evictions and demolitions of houses, the implementation of COVID-19 lockdown regulations by SAPS, Law Enforcement and Private Security officers.
- An economy of violence and eviction involving Law Enforcement and Private Security companies that has led to an increase in use of lethal and excessive force and violence.
- Reports from civilians/communities of pre-COVID routine victimisation, aggression, brutality, and violence amongst SAPS, Law Enforcement, and Private Security Officers which they did not report.
- A lack of public confidence in IPID and SAPS based on their performance and independence to investigate and prosecute state and private security perpetrators of human rights violations and criminal acts.

Discussion
Mr A Whitfield (DA) asked whether the SAHRC was aware of the update the Portfolio Committee received the day before in relation to the DNA case exhibit backlog. It was likely just a case of updating the presentation, but the amount was not as quoted in the presentation as 100 000, it was nearly 200 000, with a backlog of over 172 000 case exhibits. The DNA case exhibit backlog was a direct result of SAPS mismanagement of the contract management and supply chain processes. Did Rev Nissen believe that the delays in the processing of case exhibits was a human rights issue? If it was, what recourse should be taken by victims awaiting analysis outcomes? The major concern was that where those delays occurred violent criminals were released back onto the streets.

Rev K Meshoe (ACDP) requested that his questions be responded to immediately as he was expected in another meeting. He raised two questions that were recurring questions over the past couple of years. He was not sure whether the Police were doing anything about them or what the reason was for the recurrence. The first related to minors who were detained overnight with adults. He had heard stories of young boys who were violated and raped overnight by adults. Why was this practice continuing? To know that this was happening and Cluster Commanders were aware, was very worrying. What was going to be done to address this?

His second question related to the strip-searching of women. This was very disrespectful and humiliating. Additionally, to order women to squat to be searched was very ‘unfortunate and wrong.’ In some cases it was done in front of men. This was wrong and it needed to be condemned. What was being done to bring this humiliating practice to an end? It undermined their human rights. Suspects still had human rights that needed to be observed, honoured and respected.

Rev Nissen stated that the situation regarding minors was concerning. The SAHRC had attempted to sensitise members of the Police. [Unclear Audio 53:00]. It was something that needed to be respected, the privacy of people. These were issues the Commission was looking into and their monitors were working on a daily basis toward this and reporting on this accordingly.

Mr H Shembeni (EFF) asked a question in relation to the victim empowerment rooms/centres. Were there still police stations that did not have victim empowerment Centres in South Africa? If there were police stations without them – this needed to be addressed. What information did the Commission have regarding the lack of victim empowerment centres in police stations? Police officers could not take statements in the community service centres (CSC) of GBV cases – it was impossible. He did not think that police officers could go into other peoples’ offices to take statements. There needed to be a proper place for victims. What recommendations did the Commission have in this regard so as to resolve this problem?

Regarding food in the police stations, he had previously asked how the people who were cooking had been contracted. He had the impression that there was no formal contract, because there were different people working there every time. By law the kitchen staff should be hired by the South African Police Services. They needed to receive benefits, such as pension, medical aids etc. There did not seem to be proper arrangements for those people to be hired. No one was monitoring the people in the kitchens. There needed to be proper monitoring of those people.

When it came to linen of the offenders, he was disturbed by the situation. It seemed that linen was only changed once or twice a year. People were using dirty linen in the cells for a very long period of time. Who was responsible for this? Were there contracts for the linen and dry cleaning? If there were, how many times was the linen washed per month?

He also noted the state of the toilets, he realised it was likely that the offenders were responsible for the cleaning of toilets inside the cells. Most of the toilets seemed to be defective and it seemed to take up to a year for them to be repaired. The Station Commissioner needed to take responsibility for this. As far as he knew the cells were visited twice a day by the Station Commissioner and every hour by the official on duty. Reports were being made in this regard. A report could not be made every day regarding a toilet that was defective, it meant someone was ‘incompetent somewhere.’

Mr O Terblanche (DA) was pleased that the Committee would receive an electronic copy of the report from the Commission – it was a pity that the Committee did not have it already as a lot of things would have been clarified. Regarding the complaints the Commission received and reported to the Police, was the Commission aware whether appropriate action had been taken to address the issues? How did the Commission monitor this – or was the Commission just accepting that the Police would carry out the necessary recommendations?

The detention facilities were apparently in an appalling condition. Did the Commission get some indication from the Police when the cells would be upgraded? The Committee was told during other presentations that every Police station had a room for GBV victims. Now, apparently that was not the case. He was very concerned about this.

Regarding the minors with adults in the cells, he requested that the Minister or National Commissioner answer the Committee in relation to this issue. What do they do when something like this got reported to them?

Ms P Faku (ANC) was pleased that the Committee would receive the report from the Commission, as many of the issues raised in the presentation echoed the concerns of the Committee.

The issue of rape kits had been highlighted by the Committee. The Minister had said it was a challenge and that as a Department they were trying to resolve the issue. She suggested that the Committee receive quarterly updates – specifically in relation to the rape kits.

Regarding the matter of DNA, the Committee had been strong in pushing for the establishment of the DNA Board, which had been introduced to the Committee the day before. The Committee hoped that the Board understood its responsibilities in terms of the backlog and unresolved cases. She believed that the Board and the experience of its members would bring them forward.

The Committee had raised issues relating to staff for GBV with the Minister. There was now a directorate for GBV in SAPS. It may be beneficial for that directorate to provide quarterly or monthly updates to the Committee. The findings of the SAHRC were the same issues raised by the Committee. The coordination between SAPS, the Commission and other stakeholders was important – the Committee were aware that cooperation had improved, as indicated by the Reverend and Minister.

It was wrong that minors were in police cells with adults – it was a serious problem in the Western Cape and was something the Committee needed to look into. She had heard of a case where, as a result of the person’s experience in the cells, at a later stage he committed suicide. These things were perhaps happening in other provinces, but the report the Committee had received from the Commission mainly dealt with the Western Cape. The Minister and National Commissioner had indicated that there was a serious problem in the Western Cape that needed to be dealt with.

The Committee needed to ensure that the Constitution was upheld – in relation to the detainees in police cells. Young children could not be put in cells without food and water. Those were basic things.

In terms of the issues that occurred during the lockdown – those were issues thoroughly discussed by the Committee previously. The matter of evictions in the Western Cape was not good. She suggested that the Committee call IPID again to the Committee to provide an update on the cases within the Western Cape. The strip-searching of women should not happen. She suggested a quarterly report be submitted to the Committee from IPID relating to their recommendations. She stressed the need for cooperation – this was also a way of reducing the litigation budget allocated to SAPS.

The update from the GBV Directorate should include an update on the training of SAPS members. The Committee needed to know the number of GBV centres that were up and running at the various police stations. The Minister had stated previously that there was a partnership between SAPS and the Department of Social Development. The Committee needed feedback from the Department to tell them how far they were in responding to the issues raised by the Committee and the SAHRC.

Mr K Maphatsoe (ANC) stated that the report by the SAHRC did not show the good-side of the Police. He agreed with Ms Faku, that the Committee needed to receive monthly or quarterly reports of what happened in terms of the recommendations given. The Committee knew the Western Cape to be very undermined in the rule of law. If one looked in the townships – one could not just blame those people. It was a societal problem. The mindset of the people, especially in the Western Cape, needed to change. People grew up under bad conditions. If one had a ‘design’ that would not be able to rehabilitate and make the South African people understand, whether young or old, that what they were doing was wrong, those problems would continue. The design was that of the apartheid regime. Human rights could not be prescribed alone; it went along with the rule of law. When people were arrested, there could not be abuse. The SAHRC must assist the Police in saying ‘what type of society did they have there.’ It must assist in changing in the mindset of society. It would take long. It was the Committee’s duty and society at large to educate people about the ‘wrong things’ and respecting the rule of law. It could not be a one-sided approach. The Committee needed to include the victim supports centres in addressing the issue of minors in cells with adults.

The Committee had been complaining about the backlog of the IPID cases. They had presented that the backlog was due to the delays relating to the DNA processing, as discussed in the previous meeting with the National Forensic Oversight and Ethics Board. The justice system was not working, ‘it was releasing culprits.’ The prosecutors needed to work closely with the Police. Perpetrators could not just be released, especially in relation to cases of GBV.

Ms L Moss (ANC) stated that situation was bad in the Western Cape. She was not sure whether the authorities in the Province understood that people had rights. Partnerships should be formed with non-governmental organisations (NGOs) and Non-Profit Organisations (NPOS) so that people could be informed of their human rights. She had observed that people lost hope in the Western Cape because there was a lack of understanding of the Constitution. The authorities did not always understand human rights.

She referred to the case in Atlantis, it happened a week or two weeks before, where people were beaten up. It was said that the Police used live ammunition at the people. The people wanted houses. The people were relocated during Apartheid, from their previous homes which were burnt down by the then government. No one anticipated that those areas would grow. The authorities in Cape Town did not build houses for a longtime for the Coloureds. People had settled in the Western Cape to look for jobs. The City of Cape Town must present their plan for Atlantis.

The police stations, such as in Atlantis were exactly the same as during Apartheid, small cells where adults must stay with minors. She wanted SAPS and the SAHRC to look into this issue. Darling did not have victim support centres – they were taken to Atlantis. It was not on.

Ms Z Majozi (IFP) stated that the National Commissioner had definitely established that there was a problem in Cape Town. A solution needed to be found in relation to the problems in Cape Town. She requested that the SAHRC not only zoom in on Cape Town but consider other provinces as well. One might think that it was only a problem in Cape Town, but there might be similar problems in Gauteng, for example.

Since noting the problems in certain provinces and police stations, the Police must ensure that the Committee received those reports every now and then. The Committee needed to be told what would happen with the police officers that were harassing and brutally beating up detainees. The work of the Police was to arrest when someone had done wrong – that was it. If there was brutality involved and harassment – the Committee needed reports on them. The Committee needed a report from the Police Department as to what exactly would be done with the police officers who were found to have used sjambocks and were beating up people in cells. There were many things going on that people were not aware of. The Committee needed a report as to what the Police Department was going to do to address the matters highlighted by the Human Rights Commission.

Ms N Peacock (ANC) was pleased that there was cooperation between the SAHRC and IPID. There was concern that there may be an outstanding memorandum of understanding (MoU). An MoU would assist both parties in terms of their roles and relationship.

She referred to the last paragraph on slide 17, where it stated that ‘they needed additional resources.’ This was not specific – the Committee needed to know the specific items needed - what type of resources were needed as a sector. In terms of the challenges, there was no guidance sought from the Committee, nor a mandate of how the Committee could assist in order to solve those challenges.

The Chairperson stated that the Committee needed a report that covered the whole country, not exclusively the Western Cape. This would be done in an appropriate manner in the future. She asked that members stuck to the topic under discussion.

General Kehla Sithole, National Commissioner, SAPS, addressed the question that related to what action would be taken by SPAS in response to the allegations which were made in the report. SAPS would undertake internal investigations; they would then deal with such matters in terms of the disciplinary regulations. All members of SAPS knew that the actions outlined in the report were condemned.

It was indicated in the report that some victims were ‘chased away’ from police stations; he wanted to indicate upfront that a number of police officers had been dismissed in relation to this. It was regarded as a serious misconduct.

In terms of education and awareness, he wanted to emphasise the point and make a plea to the Committee to support SAPS with the implementation of the community policing strategy or the operationalisation thereof. He invited the SAHRC to join hands with SAPS in this regard – as an integrated community awareness programme was needed.

In terms of the multi-disciplinary collaboration that was required, it was important for the Committee to get an understanding. For SAPS to provide services, for the victim friendly rooms and services to victims, SAPS was not the only sector that played a role there. The Department of Social Development and the Department of Public Works played a role in terms of the victim friendly rooms. If a police station was not devolved, it meant that the Department of Public Works needed to assist them there, in terms of the construction work.

There was a lack of detention facilities for minors; SAPS required the assistance of the other Departments to establish the other detention facilities. There was often serious violent conduct expressed by minors between the ages of seven and 12 years – including murder and rape. SAPS thought this was a moral issue, this was why there needed to be emphasis on education and awareness and moral fibre.

SAPS would design a response action plan to the report issued by the Human Rights Commission. This would facilitate working with the Commission. An MoU had already been signed.

Lieutenant General Sehlahle Masemola, Deputy National Commissioner, SAPS, stated that the Police would develop a plan, as previously stated, and follow-up on all the matters raised. With regards to the detention of minors, they were handed over to Social Development and went to a shelter or to the parents.

In terms of the strip searching of women, the Police took note of that, and would engage the station commanders of the Province to ensure that searches were done in a decent manner.

In terms of victim rooms, the Western Cape was the only province that did not have a problem with victim friendly rooms. It was the only province that did not have a shortage. He would however follow-up with this in terms of what was highlighted by the SAHRC. It would be looked into – as to whether those rooms had been turned into offices etc. Contracts were being carried out to build the 159 victim friendly rooms that were required in the Country.

With respect to the provision of food at the police stations, this was outsourced to service providers – be it external or Station MES that did provisioning. Contracts were terminated if the service was not up to standard. Linen was changed once per month or when the need arises. Each and every detainee received new linen. There were contracts at some police stations; some stations had washing machines on site. This however would also be followed up as requested. With respect to broken toilets, each and every police station had a day to day budget. The station commander would get quotations when/if there was breakage. He took note that there seemed to be some lag in that regard. The concern surrounding Atlantis would be addressed.

Major General Susan Pienaar, Visible Policing Division, SAPS, stated that she supported all of the follow-ups that General Masemola had highlighted. There were specific provisions for stations that did not have space available for victim friendly rooms and the associated waiting area, ablutions etc. It was not just about having the facility; they wanted to ensure that all the facilities met minimum requirements. That was an ongoing process between Visible Policing and Supply Chain Management to identify, per province, the stations that needed to be improved or where facilities needed to be provided. A multi-year plan would be made. This would be part of the follow-up actions that would be reported to the Committee.

General Sithole stated that in terms of the DNA backlog problem, they would continue to work with the DNA Board to address this.

Minister Bheki Cele took note of the matters raised by the Commission. Regarding the question of rape kits, he asked if the Commission could look at the information again. The Police’s information was that there was a problem in the past but since the signing of the contract in 2019 the problem was resolved at least for the following three years. He went to Kraaifontein police station the day before and received problems relating to DNA. Something drastic needed to be done quickly.

He stated that the focus was least on the rights of the victims of the perpetrators. The thirteen, fifteen year olds were committing horrendous crimes. They were humans and they needed to be treated as such. But less was said about the victims. The brother of the deceased he met the day before had highlighted that he paid tax, that tax would give food, warm water and an education to his brother’s killer. His brother’s killer might come out of jail with a Phd from the prison. His brother’s children however might get lost on the way to school. His brother’s wife might lose the house because he was not there. He looked at this situation, that somewhere somehow rights needed to be broadened. There was so much emphasis on the rights of the perpetrators against the rights of the victims. The Minister noted that this was not the issue of this meeting though. He stated that people could not be sjambocked, and those police needed to be punished. But there needed to be a broadening of human rights including the Police. In the last two weeks, six policemen were killed.

He highlighted that there were systemic issues relating to the gangs, particularly in the Western Cape that negatively affected the Police. The issue relating to victim support centres would be dealt with, but he highlighted that the budget in which they were working was reduced. Infrastructure was not the responsibility of the Police – it was not incorporated within the budget. This was dependent of the Department of Public Works. There were a mix of issues that sometimes seemed as if they were the responsibility of the Police but it was actually across government departments.

The report needed to reflect all nine provinces. The Police had been engaging with the Western Cape Premier and MEC. There must be a Country picture.

The Chairperson asked when the Optional Protocol Against Torture Bill would come to Parliament.

Rev Nissen stated that in terms of the number of complaints received from the Western Cape, it seemed important to highlight this at the level of the Portfolio Committee.

Regarding some of the issues highlighted, the SAHRC would respond in writing to the Committee. The Commission sought to increase confidence between the public and the Police. With respect to rights and responsibilities both sides needed to enact those rights and responsibilities. In some areas the Commission’s monitors found it difficult to report on the situations, as there seemed to be a lack of understanding on the ground as to the role of the Commission.

There were detainees who were minors who had committed horrendous crimes. There however needed to be an understanding that not all children behaved as such and the members of the Police could not ‘jump out’ the vehicles to deal with children on the street in that manner. The same could be said of the use of the sjambock and the treatment of women. It was understood that when the Police came to a house to do a drug raid, the community in the street started pelting the vans with stones. Those who entered the house of people often broke down the doors and ‘held guns against children’s heads,’ and so on. It was important that the Commission sat down and considered how best to conduct the education and awareness in communities.

He thanked the Minister for always being available to the SAHRC. He stated that as previously discussed with the Minister, the Commission wanted to keep abreast of the progress made in terms of the Kinnear case. He requested that the Committee conduct an oversight visit to the Atlantis Police Station and listen to the community in terms of their grievances. When the Commission had listened to the community, they had received over thirty complaints in one day.

Mr Whitfield stated that the SAHRC representatives had not responded to any of the questions raised by the Committee. He had asked specific questions and they were not answered. He was not sure that receiving all of the answers in writing was in the spirit of the Committee meetings. It was frustrating when the Committee members made themselves available and prepared questions in advance of the meeting and then the questions were not dealt with in that same meeting. It was a meeting that was open to members of the public, the media etc. People had an interest in knowing the responses from the SAHRC.

The Chairperson stated that she had requested that the Human Rights Commission sent their responses in writing due to time constraints.

The members of the Human Rights Commission were excused from the meeting.

Crime Statistics
Minister Cele stated that the methodology had changed. The decision was taken by the Cabinet that the statistics would be published quarterly rather than annually. The quarter would be compared to the same period of the previous year.

General Sithole listed the SAPS members in attendance. He stated that Brigadier Malatji would lead the statistics presentation.

Crime Statistics Presentation
Brigadier Malatji stated that the quarterly statistics covered October to December 2020.

Overveiw
The overall contact crimes had decreased by 393 cases compared to the previous year. Murders were on the increase, having increased by 389 cases, a 6.6% increase. Sexual offences were also on the increase, having increased by 270 cases in comparison to the statistics of the same period of the previous year. Attempted murders were also on the increase.

Sexual Offences
A 5% increase has been recorded for Sexual offences detected as a result of police action. 12 218 people were raped between October and December last year. This is an increase of 181 cases, amounting to a 1.5% increase compared to the previous reporting period. Over 4900 of the rape incidents took place at the home of the victim or the home of the rapist.
Community reported serious crimes
The presentation covered the situation as a ratio of the population. The community reported serious crimes were presented with specific attention given to the comparison between the lockdown levels.

Domestic violence
The selected domestic violence related crimes were presented per type of crime and per females and males across provinces. The statistics were higher for females across all categories.

Contact Crimes
A line graph of the contact crimes was presented per year. The impact of the lockdown levels were compared to the number of reported crimes. Liquor and drug related offences were presented, the picture had not changed since the previous year. The contact crimes covered attempted murder, rape, assault grievous bodily harm (GBH) and confirmed counts where liquor and drugs were involved. Assault GBH had the highest correlation with alcohol involvement.

Murder statistics
In terms of murders, three provinces reported slight decreases, being Limpopo, North West and the Northern Cape provinces. The top thirty stations were presented in terms of the highest reported murder counts, Kraaifontein in the Western Cape reported the largest, followed by Delft in the Western Cape and Umlazi in KZN.

Murders of Police members were presented comparing on and off-duty murders across provinces over the period.

Farm murders
The murders of the farming community was presented over a three year period, this had increased. There was also a breakdown of the farm dwellers/workers who were attacked by farmers or by farm management.
The SAPS recorded 19 farm murders in the period under review.

Rape
The number of rape cases were presented, comparing the three year period across provinces. The Eastern Cape, Free State, KZN and Northern Cape provinces statistics had decreased. The other five provinces had increased in terms of the number of rape cases. The presentation included a breakdown of where the rapes occurred across provinces. This covered places such as ‘place of residence,’ ‘open field’ etc.

Robbery
Robberies at residential residences statistics had increased across four of the provinces; comparisons were presented in relation to the previous three years and the lockdown levels. Robbery at non-residential premises were presented showing a decrease across six provinces. The line graph presented in terms of cash in transit statistics showed a marked increase compared to the previous two years and the respective period. Stock-theft also showed a decrease across seven provinces.

Discussion
The Chairperson emphasised the need for the presentations to be distributed to the Committee in advance of the media briefings – specifically as this made it difficult for the Committee Members to respond to questions posed by the Media. She understood that it was a matter of timing. Many of the members were unable to watch the crime statistics presented at the press conference – in fact the Committee was not notified of the date of the crime statistics Press Briefing.

Mr P Groenewald (FFP) echoed the Chairperson’s point in relation to the communication of the crime statistics presented. Referring to the matter mentioned at the outset, he was glad to hear that there was a mis-quotation of the Ministers words and that an apology would be issued by the Media.

With respect to the sexual offences he requested clarity as to what ‘contact sexual offences’ meant. When the Committee received the quarterly reports, he requested that the Committee also receive the annual reports, so that one had a complete picture.

In relation to alcohol related crimes, he wanted to know how this was ascertained – did the Police test the people? Were they above the permitted alcohol level?

Mr Terblanche also supported the need to circulate the crime statistics to the Committee. The Minister had announced the implementation of a turnaround plan – these affected provinces. What would be the timeframe/s for the implementation of that turnaround strategy?

SAPS needed to indicate whether the policing of lockdown regulations had an effect on the regular day-to-day policing duties – and to what extent.
Why were the number of murders the highest in the third quarter of 2020/21, compared to the four year period from 2016/17 to 2020/21, especially since there were still restrictions of movement in place. He asked that the GBV plan be presented to the Committee and the implementation plan across the medium term.

Mr Shembeni asked whether SAPS had any GBV plan in place and what was the expected budget for that plan. What measures would be implemented to address the cash-in-transit (CIT) robberies – why have these increased so sharply after having been successfully reduced?

Ms Faku stated that as a female and as an activist she felt that there was not a lot that had been done by the Department in terms of GBV. She was concerned about sending her daughter to University in light of the high rate of GBV. The numbers had not decreased. People did not want to report those matters because of victimisation or there was insufficient access to Police stations. She did not feel as if SAPS had taken the matter ‘to heart.’ The action plan relating to GBV needed to be presented so that the Committee would be satisfied.

She agreed with the other members regarding the circulation of the crime statistics to the Committee prior to it going to the public.

The drop in crimes relating to liquor had reduced in relation to the lockdown levels, but she sought information on what tools they were using to determine the link between alcohol and crime. How long did it take to process blood samples relating to such cases?

She requested that they explain the breakdown of different types of sexual crimes committed. Towards the end of the year the rape kit contract was ending. To address the concerns of the Commission regarding the lack of rape kits in some stations – the issue needed to be addressed in advance of the contract’s end. Were they busy with the contract process presently?

In terms of the economic recovery plan, the high number of hijacking needed to be considered. Especially in terms of trucks going up and down - what was being done to ensure visible policing?

Mr Maphatsoe echoed the request made previously regarding the issuing of crime statistics to the Committee in advance of the Media Briefing. He requested that the Members not leak the statistics given.

Ms Majozi agreed with the previous Members requests for the statistics to be provided prior to the Media Briefing. Her main concern was the increase in the number of murder cases, robberies, rapes and sexual offences. The main thing they were facing as a Country was GBV and murder. She requested that the Police present a strategy as to how they would address GBV. If there was a lack of resources – that needed to be communicated to the Committee. They needed to move away from ‘holding conferences’ – there was nothing wrong with that. But a strategy needed to be developed.

The Chairperson stated that in a previous meeting, where the Minister and National Commissioner had been excused early, the Committee had communicated to the Deputy Minister that the crime statistics needed to be communicated firstly to the Portfolio Committee. The Portfolio Committee, in exercising its oversight role could not be expected to engage with important issues, such as the crime statistics, through the Media. A decision was taken on 20 July 2020 that the Minister and SAPS should bring those reports, the crime statistics to the Committee before it went to the Media. The Committee had the right to receive information before it was distributed to the Media. The Minister had come to the Committee to present the statistics previously – suddenly that practice had changed. The last two presentations of crime statistics were given directly to the Media with no prior communication to the Committee on the subject. If this practice continued – it would be seen to be undermining the Committee’s oversight role.

The Committee needed to receive accurate information. When the Committee received the report on the Forensic Science Laboratories and the buccal samples, they were told that they did not have buccal samples and there were cases where DNA testing had not taken place. It increased from a 170 000 to 172 787 in terms of what the Committee was told the day before. It had previously been stated that the backlog would be reduced. The day before, the Committee found out that in January and February 2021 no tests were conducted which increased the backlog. She was concerned by what was told to the Committee and what was actually happening on the ground. In terms of the report on the Firearm Amnesty, statistics were provided to the Committee that were not plausible. In light of that, she wondered if the crime statistics could be trusted. The Police had presented that each and every station had rape kits, then the SAHRC presented that that was not the case and not all stations had rape kits.

Minister Cele addressed the last question posed by the Chairperson. The SAHRC needed to tell the Police which police station was being referred to in terms of insufficient supply of rape kits. There was a terrible time when there were no rape kits – they had a meeting that went on till late with the National Commissioner in this regard. The contract was signed in 2019 for a period of three years. They had not had a problem since. A certain political party had raised that issue two weeks before – that statement was withdrawn. The Police needed to be told where there was insufficient supply – otherwise the Police stood by their statements. It was signed by provincial commissioners and sent to the National Commissioner every month/week stating that they were supplied.

The crime statistics were never brought to the Portfolio Committee because the statistics were approved by the Cabinet. On the Minister’s request to the President they were given to Cabinet. The Minister of Police would then release them to the public. In 2018, he had found out that it was incorrect for the Portfolio Committee to hear the crime statistics before the public. 2018 Was the first time ever that the statistics were brought to the Portfolio Committee. There was a request that the briefing to the Portfolio Committee on the crime statistics be a closed meeting prior to the Media Briefing. That did not happen; the Speaker had refused to have a closed Portfolio Committee meeting. An open public Portfolio Committee meeting was held in light of that, where they were briefed on the crime statistics. However, members left the meeting early to distribute the statistics – before they were officially released. Tweets went out before the statistics were officially released. It was on that score that they did not distribute the information prior to the Media Briefing.

The Chairperson stated that she understood the dilemma. She understood that the Speaker would not permit a closed meeting. For now, she requested that copies of the crime statistics be released to the Members at the same time as the Media Briefing when formally released. The Portfolio Committee was not even informed of the day the crime statistics would be released.

Minister Cele referred to slide 12, which highlighted the attempted murder and assault GBH, and murders on public and private land. He further referred to slide 23, which highlighted where rape was committed, in private residences versus public places. The point was that there was nothing the Police could do to prevent the rapes that occurred in private residences. The Police could only respond to those crimes reported. The Police could not be in every household. That was the reason the Police were calling to say that this was a societal matter. Those families and friends must be part of the prevention and protection of those women who were raped and assaulted in their place of safety. Police was responsible for acts that occurred in public places, such as beaches and parking areas. The cases that were currently getting attention in Court were all cases involving a boyfriend, where it occurred in their own flats etc. It was a difficult thing for the Police to prevent.

It was scientific, when there was a request to prohibit alcohol it was because the hospitals were saturated with people. There were crashed cars as a result of drunk driving and stabbings and shootings around shebeens. On Saturday morning, Sunday morning and Monday morning there were many dead bodies around taverns and alcohol outlets – people that were attacked coming from there. In the Western Cape and KZN, they were shot in shebeens, sitting in taverns etc. There was a trend that when people were breaking the law in shebeens, when the Police went there to observe compliance, they got attacked. The Police were attacked on behalf of the tavern owners in both KZN and the Western Cape. Those that killed one another in public places, around beaches etc were often drunk – especially if they knew one another.

General Sithole stated that if there was dissatisfaction expressed by the public on specific matters where the Police was supposed to fulfil a role or responsibility, then the Police must be called to the Committee to produce evidence proving that they had delivered on that demand. Such as in the case of the rape kits, the Minister had indicated to the SAPS that there was ‘this particular query,’ the provincial commissioners were instructed, national information was generated and they requested certificates from the National Commissioners. When the Police knew that their information was correct – they were still blamed. He made this plea as it was demoralising for the Police if and when the Police did things right – they still got blamed.

The Police had received the Gender-Based Violence Strategic Plan from the Presidency, they had an equal obligation to operationalise the strategic plan. The instruction was issued and the strategic plan was operationalised under the leadership of General Masemola. There was a departmental GBV action plan. He suggested that the Committee call them to present this at some other time.

Regarding making annual statistics available when the quarterly ones were – that could be done. This would be supported by the Police as the quarterly statistics provided an operational picture while the annual ones showed a strategic picture. It would be important to see them in relation to one another.

In terms of the Cash-in-transit and SAPS response, it had put a task team together to combat it. The Police also had a two-hour activation plan. The Police had intensified specialised capacity, like the new units, which would combat those types of crime. They had introduced the ‘safer city’ concept especially in the hotspot cities. Presently there were ten pilots across the Country.

In terms of trucks, they had increased the flying squads and highway patrols. The Police also started a plan on investing in visibility. Mainly because trucks contributed to the recovery of the economy, the Police had introduced a programme that directly addressed crimes that impacted the economy and how these should be dealt with.

Society was sitting with collapsed family structures; the situation was worsening day by day. As explained by the Minister in terms of the increase of murders in residences – it spoke directly to collapsed family structures. These family structures were defined by a lack of proper development and moral fibre. These were not areas for SAPS to directly deal with but these were often the root causes of many crimes. At present there was no structured approach to correct them.

SAPS was talking to municipalities about the development of additional police stations to increase access.

Brigadier Malatji responded to the questions relating to sexual offences. Rape was defined as unwanted penetration of any person. Sexual assault was known as indecent assault. Contact sexual offences had a huge list of subcategories that were introduced. It included abduction, exposure of genitals, sexual grooming of a child, sexual exploitation of a mentally disabled person and any offence of an indecent nature against a female not specified under the category of rape nor indecent assault.

General Sithole stated that the other questions would be addressed in their report that they would present to the Committee at another time.

Closing Remarks
The Chairperson thanked the Minister, Deputy Minister and the National Commissioner and his team. She stated that an oversight visit would be conducted from 16 - 17 March 2021. There was a House sitting on the Tuesday which the Committee Members had to attend and would be transported to the oversight visit thereafter. Briefings would be given on the Wednesday. The Committee would visit the Forensic Science Laboratories.

The meeting was adjourned.