Annual reports: Western Cape Department of Police Oversight and Community Safety; Western Cape Police Ombudsman; Western Cape Liquor Authority

Meeting report

Minister’s introductory remarks

Mr Reagan Allen, Western Cape Minister of Police Oversight and Community Safety, recalled that the Premier’s 2023 State of the Province Address (SOPA) highlighted the need to ramp up oversight, which must lead to better service delivery.

The Department should have a clear and direct vision to rid communities of crime, with policies in place. It must also ensure clean audits, so that it could account to this Committee and the residents of the Western Cape that the funding allocated to the Department was being spent in the best interest of residents.

The Department had fostered a valuable working relationship with the South African Police Service (SAPS), Community Policing Forums (CPFs), Neighbourhood Watch (NHW) structures, the Western Cape’s Director of Public Prosecutions (DPP), and the Department of Correctional Services. The Department would want to ensure that everyone had a role in ensuring that the Western Cape was a safer province for everyone.

HoD’s comments  

Adv Yashina Pillay, Head of Department (HoD): Police Oversight and Community Safety, said the Department had obtained its 15th consecutive clean audit outcome, which was unprecedented in the Western Cape Government (WCG).

The Western Cape Liquor Authority (WCLA) and Chrysalis Academy also obtained clean audits for the 2022/23 financial year.

The Department achieved 93 percent of its Annual Performance Plan (APP) targets and spent 98.9 percent of its budget. The Department performed beyond its oversight role and worked closely with municipal and community partners.

On the way forward, the Department was focused on the deliverables of the Western Cape Safety Plan and on capacitating CPF and NHW structures to create a safer province.

Police Ombudsman’s comments

Maj Gen Oswald Reddy, Western Cape Police Ombudsman (WCPO), said that after he took Office, he developed a five-year strategic direction to highlight his priorities and focus for his tenure. From 11 to 13 May 2022, he had internal consultations with personnel and the Minister to outline the way forward.

He then held a strategic planning stakeholder engagement on 27 July 2022, which included all key role-players. During this external engagement, he posed a critical question about whether there was still a need for the WCPO. If so, there needed to be discussions on its role, responsibilities, functions, duties and impact.

The WCPO had existed for nine years, and remained the only police ombudsman in South Africa. It was established due to the concerns, complaints, and cries of the people within the province relating to poor service delivery and the breakdown of relations between the community and the police.

On the question of whether there was still a need for the WCPO, the answer would be based on whether service delivery by police in the Western Cape had improved. Various pieces of literature and the results of a perception survey suggested that the answer was “no”. The levels of trust in the police reached an all-time low of 27 percent in South Africa and 22 percent in the Western Cape in 2021.

From its inception until 31 March 2023, the WCPO investigated 4 333 complaints. There was a definite need for the WCPO. The WCPO’s five-year strategic direction would focus on building trust between the community and police through a procedural justice approach.

He noted that the WCPO had some shortfalls which ought to be addressed by the amendment of the Western Cape Community Safety Act. Firstly, the WCPO did not have initiative powers. If something happened, the WCPO had to wait for a complaint to be lodged with its Office to investigate the matter. Secondly, the WCPO did not have post-monitoring powers. This meant that the WCPO did not have the power to monitor the implementation of its recommendations to the SAPS and the Metro Police. Thirdly, the WCPO did not have coercive or enforcement powers. He suggested that the Committee played a vital role in this regard, because it had the power to summon the Provincial Commissioner and senior management to account for any of the investigations the WCPO had conducted.

WCPO Annual Report 2022/23

The Chairperson tabled the WCPO’s annual report.

Discussion

Ms A Bans (ANC) said that the WCPO’s report provided comprehensive information that required thorough examination. She asked if the WCPO was considered a programme or a separate entity within the Department. She noted that the WCPO had its own strategic plan and submitted its Annual Report independently.

She asked what weaknesses were identified in the SWOT analysis during the 2022 strategic planning bosberaad. She referred to the 520 complaints that the WCPO had investigated during the period under review. This included systemic investigations into the alleged failure by the SAPS to close known drug houses in the Western Cape, and the alleged failure by the SAPS to address the number of kidnapping and extortion cases in the Western Cape. She asked for a summary of the 520 complaints, the main issues or concerns raised and the actions taken in response to the complaints.

She noted that the WCPO had the authority to investigate complaints about service delivery inefficiencies. She questioned why the WCPO did not investigate alleged transgressions by other law enforcement agencies, such as Law Enforcement Advancement Plan (LEAP) officers. She asked where such incidents could be reported.

She asked about the progress made in implementing the recommendations following the findings on the complaint filed by Premier Alan Winde, on corrupt relations between SAPS senior management and gangs in the province.

Responses

Maj Gen Reddy replied that the WCPO was uniquely placed. It was a separate entity but did not enjoy the powers of a Chapter 9 institution. The WCPO fell within the Department of Police Oversight and Community Safety, as sub-programme 3.2, for its administration and support. However, the WCPO Office was independent.

He referred to the question about the weaknesses identified in the SWOT analysis. He explained that the employees were allowed to raise their concerns and challenges. The WCPO Office would develop an implementation plan to address those concerns. Many of the concerns related to the opportunities within the Office, especially that there was limited mobility and opportunities for advancement. Some employees had been in the organisation for eight years but were still at the same level. There were discussions underway about how the Office could be refocused to create opportunities for mobility within the organisation. Another concern was the limited parking for employees at the WCPO building. Regarding the strengths identified in the SWOT analysis, the employees seemed happy with the salary, perks and benefits.

Regarding the 520 complaints, 119 complaints were outstanding at the end of the 2022/23 financial year. The standard operating procedure (SOP) turnaround time was 90 days. The 119 complaints have since been finalised. When the WCPO received a complaint the intake committee would assess whether the complaint fell within the WCPO’s mandate. The Office received a lot more complaints, but these required referrals to the relevant ombudsman. Complaints of a criminal nature were referred to the Independent Police Investigative Directorate (IPID). He noted that the WCPO annual report 2022/23 provided a breakdown of the complaints received on pages 26 to 45, including the nature of the complaints. 

The investigation into the alleged failure by the SAPS to close drug houses in the Western Cape revealed that they had closed 118 of the 1 577 known drug premises, with a total of 1459 still operating as at 31 March 2022. It was recommended that the SAPS continue to address this complaint, because the drug houses were a key crime generator in the province.

On the alleged failure of the SAPS to address the number of kidnapping and extortion cases, the WCPO made several recommendations to the SAPS, which highlighted the need for the SAPS to finalise its draft Anti-Corruption Strategy and its draft SOP as soon as possible. The findings showed an escalation in the number of kidnappings and extortions throughout the province, specifically in the townships and the nightclub, construction and taxi industries. It was recommended that the SAPS develop a public reassurance strategy to inform the public of what they were doing to address these types of crime, so that the people could have more confidence in the police. It was further recommended that the SAPS deal with asset forfeiture more vigorously to neutralise the criminals and strengthen engagements with local CPF and NHW structures to identify these gangs. The SAPS must ensure that its Extortion Task Team is properly resourced.

Regarding service delivery inefficiencies, he replied that the WCPO had the authority to investigate complaints relating to the SAPS and the Cape Town Metro Police. It did not have the power to investigate LEAP or the traffic department. Such complaints were referred to the management of those organisations or the City of Cape Town Ombudsman.

On the complaint filed by Premier Alan Winde regarding corrupt relations between SAPS senior management and gangs, he replied that the WCPO had made four recommendations. Firstly, the Premier had the power to summon the Provincial Commissioner to account on this issue. Secondly, the matter had been referred to IPID to investigate if there was a criminal aspect. Thirdly, the matter had been referred to the Directorate for Priority Crime Investigation (DPCI) to do an organised crime threat analysis. Fourthly, when serious allegations surfaced, the internal SAPS disciplinary processes empowered the National Commissioner to invoke an expeditious procedure to make an adverse finding against a police officer; this could include dismissal.

Mr G Pretorius (DA) asked if the WCPO could initiate its own investigations without receiving a complaint.

He referred to the reporting process in instances when the WCPO could not resolve matters. He noted that the WCPO would submit a recommendation and findings to the provincial Minister, and thereafter the Minister would have to make a recommendation to the Minister of Police on the complaint that the WCPO could not resolve. He asked if there was any recourse in dealing with non-response or unsatisfactory responses.

Mr F Christians (ACDP) asked for an explanation of why the total number of complaints had decreased since the 2019/20 financial year. He asked how many cases were allocated to each investigator. He informed Maj Gen Reddy that he had submitted complaints to the WCPO but had not received any feedback.

He said that while the WCPO had made recommendations following the complaint filed by Premier Alan Winde on corrupt relations between SAPS senior management and gangs, it seemed that there was nothing more that the WCPO could do about it. He recalled that there was huge media interest in these allegations. He was concerned that these corrupt relations still existed. He questioned whether anything would be done to address this.

He asked if the WCPO had made efforts to gain the trust of South Africans, considering the low levels of trust that South Africans had in the police. He asked if the marketing initiatives had made a difference by ensuring more people knew about the WCPO.

Mr M Kama (ANC) said it was worrisome that Maj Gen Reddy had highlighted the same challenges as the former WCPO, Major General Johan Brandt, especially on the employees' complaints about the lack of upward mobility in the Office. He wondered if the Department was doing anything to assist the WCPO in improving the work environment.

He noted Maj Gen Reddy’s comment that the WCPO did not have any enforcement powers to monitor the implementation of its recommendations. He asked Maj Gen Reddy to elaborate on this, while understanding the mandate and role of the WCPO.

He concurred with Mr Christians’s concern that it seemed as if nothing was being done to address the allegations of corrupt relations between SAPS senior management and gangs. He said that the allegations made huge headlines in the media, but it seemed as if nothing was being done when it mattered the most.

He said there were concerns in the public and amongst the Members of the Committee, that, to some extent, the WCPO was being used by the government to advance its own narratives about the SAPS and Metro Police. The SAPS was portrayed as if it was not doing anything to address the alleged failure to close drug houses in the Western Cape, whereas most of the drug houses had been identified because of police action. He questioned what the Department and City of Cape Town were doing to assist the SAPS in closing drug houses, considering that SAPS had pointed out that some of the drug outlets were on council-owned properties.

He agreed with the WCPO’s stance that “extortion needs to be seen partly as a manifestation of a social phenomenon with deep roots in the local political economy”. He asked how the WCG would be held accountable in ensuring that it formed part of the socioeconomic approach to dealing with extortion.

Ms R Windvogel (ANC) referred to the organisational structure on page 20 of the annual report. She asked how long the four vacancies had remained unfilled. Did this affect the functioning of the WCPO’s Office and result in complaints not being attended to?

She noted that there was an overspending of R290 000 on goods and services. She asked for the reasons. 

Mr Kama said that the WCG had invested more than R1 billion in the LEAP programme, with a clear vision to reduce murder in the Western Cape by 50 percent by 2029. He asked whether there was a need to reconsider the powers of the WCPO to include powers to investigate alleged transgressions by LEAP officers. He believed that the WCPO should be mandated to investigate the LEAP service delivery.

The Chairperson asked how the recommendations on page 65 would differ if the WCPO had additional powers. He asked what the Committee could do to enhance the work of the WCPO, and especially how it could interrogate the reports and enhance the accountability of the SAPS.

Maj Gen Reddy referred to Mr Pretorius’s questions. At this stage, the WCPO unfortunately did not have the mandate to initiate its own investigations. If he saw something in the media, there was basically nothing that the WCPO could do; it was merely for information. The WCPO must wait for a complaint to be formally lodged before investigating. This shortcoming had been discussed with the Department, and there were plans to amend the Western Cape Community Safety Act to include a provision for the WCPO to conduct “own initiative” investigations.

The question about recourse in dealing with non-response or unsatisfactory responses was challenging because an ombudsman generally does not have coercive or directive powers. The reliance was on mutual cooperation, goodwill, good governance, and respect for the rule of law and that whoever the recommendations were given to would see their value and implement them. The challenging part was that the people in a position to implement the recommendations might just leave them aside, and there was very little that the WCPO could do about that. At this stage, the WCPO did not have post-monitoring powers, so it would not know whether its recommendations had been implemented or not. This was in contrast to the powers of the Public Protector, who had recourse through the courts if recommendations were not implemented.

The WCPO had initiated quarterly meetings with Lieutenant General Peter Jacobs, Divisional Commissioner: SAPS Inspectorate Division. Lt Gen Jacobs has been helpful in facilitating the implementation of the WCPO’s recommendations.

Ms Deidre Foster, Head of Office, WCPO, referred to Mr Christians’s comment that his complaints had not been responded to. She recalled that his complaint was a joint complaint with Councillor Marita Peterson and was highly publicised with the “Steenberg complaint”. She noted that the complaint form had not been completed, which was why she had completed it. The WCPO used the basis of the media article to substantiate the complaint and then got the relevant signatories to sign off on it. The outcomes of the investigation and the recommendations had been sent to Councillor Peterson, who was listed as the contact person, and the Provincial Commissioner. She added that one of her colleagues would double-check to ensure that Councillor Peterson had been informed. The WCPO took all the complaints very seriously.

On the question about the decline in the number of complaints since 2019/20, she replied that when the former WCPO, General Brandt, left Office, it was very difficult to make decisions based on the budget, as it was uncertain when the next ombudsman was going to be appointed. The Office had not advertised as much as it ordinarily would have. She believed the drop in the number of complaints was due to less advertising in that financial year. Secondly, the Office also experienced a decrease in walk-in complaints when things returned to normal after the Covid-19 pandemic. She noted that although there was a significant drop in the number of complaints, it was slowly picking up again.

Maj Gen Reddy reassured Mr Christians that the WCPO would provide direct feedback to him or any other Member of the Provincial Parliament in the future. He said that the WCPO Amended Regulations 2020, were promulgated in such a manner that there was an onus on public representatives to raise issues with the Office.

On the question about the caseload per investigating officer, he replied that the WCPO currently had five investigators, two of whom were senior investigators. On average, each investigator was allocated 10 cases per month. The senior investigators would oversee the other investigating officers and provide guidance. The WCPO's investigations largely depended on cooperation from the SAPS and the Metro Police, because they held the information required to carry out the investigations. The investigators were coping with the workload.

He referred to the concerns about continued corrupt relations between SAPS senior management and gangs, and that nothing seemed to have resulted from the WCPO’s investigation. He reiterated that this was a challenge because the WCPO did not have coercive or directive powers. When the WCPO provided such information in the public domain, it served as a measuring stick and imposed a responsibility on the SAPS to do something about it. Communities were encouraged to report these corrupt elements to bring officials to book. Although the WCPO could not deal with such issues, this information could be submitted to the appropriate channels. For example, the WCPO conducted a joint investigation with the Public Protector in one case. The WCPO also relied on the Committee’s oversight function, and specific issues were raised with Minister Allen on a quarterly basis.

Maj Gen Reddy noted that this was the first time he was appearing before the Committee, and he would avail himself to ensure that the Committee was kept in the loop. There was no cover-up, and nothing was swept under the carpet. The WCPO did the best it could with every investigation.

He said that he would have technically been on retirement after 39 years of service in the SAPS. It was not necessary for him to look for alternative employment. He had taken Office at the WCPO to offer his experience and expertise to the people of the Western Cape. He wanted to know whether the WCPO was making a difference, which was why he had initiated a basic quantitative service delivery perception survey. The survey focused on the eight Batho Pele Principles and added trust and confidence in the police to the survey questionnaires. He used the outcomes of the survey as a baseline that will guide him on the way forward, especially on the effectiveness and efficiency of the WCPO.

Regarding marketing initiatives, the WCPO would make use of various mechanisms, such as media advertising. There were always cost implications when hosting public engagements. The Office usually “piggybacked” on Minister Allen’s programme to save costs, as he regularly engaged with all key role players. The WCPO also engaged with communities independently. For example, the chairperson of the Bishop Lavis CPF had invited the WCPO to address the community.

Maj Gen Reddy said that at the end of his tenure, he would like to see the footprint of the WCPO throughout the province. The WCPO received many of its complaints through its website, but also welcomed complaints made telephonically, by fax or through walk-ins. The WCPO also organised a special desk at community engagements, including promotional material and complaint forms for anyone who wanted to lodge a complaint. There had been a lot of improvement, but a lot more could be done to ensure that people were aware of the WCPO’s existence. 

He referred to Mr Kama’s comment about the WCPO’s lack of enforcement powers. Powers were allocated by law, so if the relevant authorities came together, there was a possibility that this might be revisited, especially when considering the powers given to other ombudsmen like the Public Protector. Maj Gen Reddy said that he was not one to chase powers. He wanted to do his job independently, impartially, without fear or favour, and no cover-ups. Whatever surfaced from an investigation must be dealt with. He believed his frustrations were based on his experience as a general in the SAPS when it was acted on immediately if he said something. As the WCPO, he had no powers to ensure that his recommendations were implemented. He had reconciled himself to the fact he was the WCPO and that his job was to make recommendations.

Before the IPID was established, an Independent Complaints Directorate (ICD) dealt with a range of complaints much broader than what IPID deals with now. When the IPID Act No. 1 of 2011 was signed into law, many types of complaints were not allocated to IPID, as they only dealt with “serious” matters. The WCPO did not deal with criminal matters; it only dealt with service delivery inefficiencies, which IPID did not investigate. If IPID received complaints related to service delivery, such as a lack of police visibility, IPID referred those complaints to the WCPO. Maj Gen Reddy emphasised that there was a need for the coexistence of IPID and the WCPO, because each entity had a mandate to fulfil and had different functions in how it served the people.

On Mr Kama’s comment that the WCPO should be mandated to investigate the service delivery of the LEAP programme, he replied that the challenge was the legislation under which LEAP officers were appointed. SAPS and Metro Police officers were appointed in accordance with the SAPS Act. Law enforcement officers were appointed as peace officers, in terms of the municipal by-laws. There had been discussions about LEAP officers being incorporated into the mandate of the WCPO. There must be an accountability mechanism to ensure officers are held accountable when they misuse or abuse the powers given to them.

Ms Foster referred to Ms Windvogel’s questions. She replied that the WCPO did have a few vacancies. She explained that the career progression was very difficult at the WCPO, because one would go from investigating officer to assistant director and then there was one head of office post. The organisational structure had no formal path for employees to climb the ladder. The investigating officers would likely receive promotional opportunities or better prospects outside the WCPO. This was something that the Office had no control over, as it was part of the organisational structure. Some of the posts had been vacant since the previous financial year. There was a lengthy process of getting approvals and submitting the groundwork before advertising a post. The WCPO had finalised the process and anticipated three new investigators would begin duty by the following month.

On the reasons for the overspending on goods and services, she explained that the WCPO had budgeted conservatively during the adjustment budget process, but there was an escalation of costs in the advertising and marketing process. The WCPO had run the same radio advertising campaign but had become incrementally expensive.

Maj Gen Reddy referred to the Chairperson’s question on how the recommendations on page 65 would be different if the WCPO had additional powers. He replied that at the moment, the discretion was with SAPS management on whether they would implement the WCPO’s recommendations, but if the WCPO had the powers, it would ensure consequence management. If there were adverse findings against an individual, there would be disciplinary or criminal processes against the individual, and this would not be left to the discretion of SAPS management. He believed that steps should be put in place to prevent a recurrence of misconduct, and to ensure that police officers were more diligent in how they conducted themselves.

The Committee had sufficient powers to hold the police accountable concerning the WCPO’s recommendations. He suggested that the Committee could assist the WCPO by requesting SAPS management to report back on whether they had taken steps to implement the recommendations and what outcomes had been identified. He believed that this would improve the overall accountability.

Minister Allen clarified that he did not report to the national Minister of Police. He reported to the Premier of the Western Cape, and they worked with the Minister of Police. He said that a reply dated 11 June 2021 indicated that there were 272 known drug houses in the Western Cape. It was due to the work of this Committee, as well as engagements with the SAPS, NHWs and CPFs, that the Department queried the information. The Department, via the oversight role of the Committee, ensured that it would obtain a proper figure from the SAPS, which indicated that there were 1 517 known drug houses in the Western Cape. He believed that a proactive approach and the use of section 252A of the Criminal Procedure Act, which provided for “sting operations”, had led to the current figure of 1 818 known drug houses, because more and more people were reporting this to the SAPS.

He was delighted that the Department was having discussions on the independence of the WCPO. Serious discussions about the amendments to the Western Cape Community Safety Act would be needed to ensure greater synergy and greater accountability.

He said that it would be remiss of him not to raise the following issue in respect of the independence of the WCPO: He requested the official opposition party in the Western Cape Provincial Parliament (WCPP) to express similar sentiments to the ruling party in the National Assembly, because the current amendment to the IPID Act was on the table and the independence of IPID’s Executive Director was highly at risk. He suggested that there should be consideration that IPID’s Executive Director should report directly to the Provincial Minister, as this would be independence in its true sense.

Minister Allen referred to the alleged gang infiltration of SAPS top management. He said he had also lodged a complaint regarding section 28 of the IPID Act. There was a parliamentary reply which indicated that IPID’s Executive Director intended to release the report by the end of October 2023. He was pleased that the WCPO had also pointed out the gaps. He said this was not about political posturing or scoring political points. The systemic investigations launched would ultimately strengthen the hand of the SAPS. He agreed with Maj Gen Reddy that the Department and WCPO, via the Committee’s oversight role, could ensure that the SAPS were kept on their toes.

He appreciated Ms Bans’s question about why the WCPO did not have the powers to investigate alleged transgressions by other law enforcement agencies. Legal opinions from the Department and City of Cape Town indicated this could not happen at this stage.

He referred to the alleged failure of the SAPS to address the number of kidnapping and extortion cases in the Western Cape. He said the work of the Extortion Priority Committee and his engagements with the SAPS showed that the WCPO’s report had placed that matter front and centre. The work of the WCPO had contributed to the integrated and collaborative approach which the SAPS had now undertaken.

Western Cape Liquor Authority 2022/23 annual report

The Chairperson tabled the Western Cape Liquor Authority (WCLA) annual report.

Mr Ronald Kingwill, Chairperson, WCLA, said the WCLA had once again obtained a clean audit. He noted that the Committee was tasked with appointing new board members for the WCLA. He said he was thankful for the board members he had worked with over the past six years. The WCLA Board was extremely competent and well-balanced in executing its mandate and supporting the goals of the WCG.

Mr Simion George, Chief Executive Officer (CEO), WCLA, said that the annual performance plan (APP) that was prepared for the year under review was closely aligned with the strategic objectives of the WCG. The WCLA grew in terms of its capacity and pursued the introduction of certain aspects of its legislation, specifically section 64 of the Western Cape Liquor Act. This enabled the WCLA to introduce a non-automatic licence renewal aspect, which was key to regulating liquor outlets. It simply meant that if a licence holder was guilty of continued transgressions, then it was within the power of the WCLA to require the licence holder to renew their licence.

The APP also highlighted key areas of delivery and indicated the methodology that the WCLA would like to follow in terms of determining public interest. The WCLA had spent its budget concerning the targets that it had set, but it was very dependent on support from the Department and WCG for certain items of expenditure, especially capital expenditure. He believed that the external audit outcomes showed that the WCLA had done very well in spending the allocated budget and continuing its streak of clean audit outcomes.

The WCLA was increasingly mindful that all aspects of regulation must be done in collaboration with its key strategic partners. The ultimate vision was to ensure that all liquor licences granted within the Western Cape served the public interest.

Discussion

Ms Bans asked about the estimated number of illegal liquor outlets in the province. She understood that for some people, especially the poor in informal settlements, this was a way to provide for their families. She asked how the WCLA assisted such people in being compliant and having licensed liquor outlets.

On page 20, she noted that out of 8 988 valid licences, 116 were identified as not qualifying for automatic renewal for 2023. Seven elected not to renew their licences. She asked for the reasons why the 116 licences were not capable of automatic renewal, and the reasons why seven licencees had opted not to renew their licences.

She asked for a breakdown of the routine compliance inspections conducted at township outlets versus the inspections conducted at popular nightclubs and restaurants.

Mr Christians concurred with Mr Kingwill’s remarks that a strong governing board helped the WCLA to work efficiently and effectively. He asked how far the WCLA was in its quest to become self-sustainable.

He said that the abuse of alcohol in many communities was worrisome. He assumed there were fewer liquor outlets in the rural areas as fewer people lived there and more liquor outlets in the urban areas. He asked about the ratio of liquor outlets to population. He recalled that he had previously raised the question of how many was enough and where one drew the line in issuing liquor licences. He believed that people should be educated about the harms of alcohol.

He was aware that some licensed liquor outlets made extra money by selling alcohol to illegal liquor outlets. Had the WCLA looked into this, because it was a major concern?

He asked if the WCLA had cooperation from municipalities in the initiatives to reduce alcohol harms. 

Mr Kama said it appeared that the primary focus for the year under review was on effective regulation and profit generation. He asked what the WCLA had done to address alcohol-related harms. He asked how the WCLA ensured its compliance inspectors did not engage in corrupt relations with liquor outlets.

On page 18, he noted that in South Africa, the financial cost attributable to harmful alcohol consumption was estimated to be between R245 billion and R280 billion annually. It was interesting that when people spoke about the harms associated with alcohol, others came up with an argument about the alcohol industry’s contribution to the economy. Workers at the lower level were not the people who benefited. It was the owners of huge companies that benefited by producing alcohol and “dumping it into our streets”. He asked how it was ensured that the huge companies assisted the government by paying for the costs associated with alcohol-related harms. He asked if there was a provincial estimate of the financial cost of harmful alcohol consumption.

Ms Windvogel asked how the revenue had been utilised, and how much was allocated to alcohol harm reduction initiatives.

On page 21, she asked about the reasons why three applications had been refused in the year under review.

Ms D Baartman (DA) referred to page 32. She noted that the WCLA had achieved its target for the output indicator on a report on public participation in the applications and enforcement process. She advised the  WCLA to tighten up its output indicator by listing the number of public participation engagements, instead of referring to the report. She asked how the WCLA conducted its public participation, and whether people responded differently across various platforms.

On page 37, she asked about the reasons why some invoices had been queried, especially those that were not resolved within 30 days after receipt of the invoice.

She asked about the criteria for the automatic licence renewal process for those who were compliant. She asked if continued compliance made it possible to reduce the number of inspections at those premises to save costs.

Responses

Mr Kingwill referred to the question of self-sustainability. This had been an annual agenda item ever since he was appointed to the board. The drive for self-sustainability was based on two factors. One was to get the Provincial Treasury to approve the annual increase in the licence fees to contribute to the cost of running the WCLA. The request for a more than an inflation-related increase was to provide a source of funding to catch up on many years of backlog, deal with the increased demand and manage the matters arising from alcohol harms. The board had reluctantly accepted the very low annual increases. It had nonetheless made amazing progress, as it received a lot of support from the Department and other provincial departments on some of the initiatives. The matter of self-sustainability was not just about the current cost of running the WCLA, but how much it should cost for the WCLA to implement the full range of regulations and alcohol harm reduction initiatives.

Regarding alcohol harms, he said that the WCLA had no control over the national alcohol producers. They were the ones benefiting but each province incurred the consequences of alcohol harms. The WCLA did not have any influence over the decisions required to implement a nationwide alcohol programme, and the major players were not contributing to those costs.

On the issue of illegal liquor outlets, he said that the WCLA only had a mandate over the licenced liquor outlets. The SAPS has the mandate to investigate and deal with illegal liquor outlets.

Through its engagements, the WCLA had called upon the support of local authorities to deal with this matter.

Mr George concurred with Mr Kingwill’s comment that the WCLA had jurisdiction over licenced premises. Estimates might vary, but there were a considerable number of illegal liquor outlets in the province. This was a serious and a big concern, because they were not being subjected to regulation by the WCLA. Over the past two or three years, the WCLA had become aware that illegal liquor outlets existed because licensed premises enabled them. The WCLA was now targeting licensed premises that were supplying illegal outlets. This required an increased level of intensity in investigations because they required collaboration with other law enforcement agencies and stakeouts. There were some successes in this regard, in that licensed premises were held accountable and would lose their licences if the matters were successfully placed before the Liquor Licensing Tribunal (LLT).

On the 116 licences that were not eligible for automatic renewal, he explained that section 64 of the Western Cape Liquor Act provided that compliant licence holders may renew their licence through an automatic renewal process, where they would pay the applicable licence fee each year. However, the WCLA could deny automatic renewals if the licence-holder was found to be non-compliant. Non-compliant licence holders were required to apply to the LLT to renew their licences. The implication of this regulation was quite significant. For example, he was recently informed that two licensed premises were denied automatic renewal. The licence holders tried to convince the LLT that they should be allowed to renew their licences, but their applications were denied because they were repeat offenders. If licence holders did not comply with the regulations, then their licences would be denied.

He told Ms Bans that the WCLA would have to submit a detailed response to her request for a breakdown of compliance inspections. About 9 000 licensed premises in the Western Cape and about 50 percent were in Cape Town.

The LLT looked at the relevant data and considered the density in specific areas. If the density was of such a nature that it would serve no purpose to grant another licence in that area, then it would make sense that another licence would not be in the public interest.

The WCLA worked with the municipalities to develop problem statements about the effect of liquor in each municipal area. This enabled a consensus amongst all stakeholders about required responses.

The LLT would impose trading hours based on the input received in order to mitigate the risks that might accompany the granting of a licence. He argued that if the LLT determined the hours, then it was the prerogative of the LLT to be approached before any other authority extended the hours. To maintain the regulatory impact, the LLT must be absolute in the two critical aspects of regulation - access and availability.

If one calculated the ratios concerning the licensed premises, one would get to a specific outcome. However, in areas where that ratio was very high, one would probably also find a high ratio of illegal outlets.

The policy on alcohol harm reduction was very clear. A considerable amount of money was spent on harm-reduction initiatives. If the growth of the economy was reliant on the alcohol and liquor sector within the Western Cape, then it was incumbent on the WCLA to be very responsible for the implications of that. The WCLA must become more effective as the regulator and ensure that a concomitant growth in harms does not accompany any growth in the sector.

The three applications that were refused were by outlets that were repeat offenders, especially those selling alcohol after hours.

The inspectors had to comply with a code of conduct. If corrupt relations were detected, the ultimate consequence would be losing one's job. This had been clearly demonstrated in the previous financial year. The WCLA received complaints in a very centralised manner, and the response to the complaints ensured that all stakeholders were aware of the challenges. The WCLA was mindful of the possibility of bribery and corruption but was satisfied that it was able to demonstrate severe consequences for this. 

Mr Selwyn Adams, Acting Chief Financial Officer (CFO), WCLA, referred to the question about the queried invoices. He clarified that the invoices must be paid within 30 days after receipt of invoice. All invoices were recorded on receipt. If there was a valid dispute about an invoice, it would be unpayable until the query was resolved. In such instances, payments might exceed 30 days.

On the over-collection of own revenue, he said that all renewals were payable to the Provincial Revenue Fund. The WCLA could request that the funds be retained through the revenue retention process. Prior to the year under review, the WCLA was granted an additional R8.3 million in its baseline budget, which was used for additional inspection capacity. It was now able to inspect more licensed outlets.

Mr George referred to Ms Baartman’s question about public participation. The WCLA had a communication and education component with very specific targets. This had evolved to ensure an institutional link between the stakeholder engagements and the WCLA’s operations. The stakeholder engagements were clearly defined concerning developing problem statements.

He believed that the WCLA should contextualise alcohol harm reduction as a policy imperative for the Western Cape. While some aspects were solely the responsibility of the WCLA, there should be a broader sense of advocacy and a collaborative response from the WCG and other relevant stakeholders in areas such as education, health and social development. The WCLA’s focus had been on advocating and developing an appreciation for regulation in the Western Cape. The aim was to convince licence holders to comply and to operate in a manner that sustained their businesses but also ensured that the public interest was protected.

Department of Police Oversight and Community Safety Annual Report 20222/23

The Chairperson said that he would table the Department’s annual report in three parts: PART A (pages 3-21), PART B (pages 23-104) and PART D (pages 125-164).

Discussion

PART A

Mr Christians noted that the LEAP officers were currently deployed in 13 areas and the intention was to reduce the murder rate. He questioned why the murder rate remained so high, considering the strategic and evidence-led deployment of officers. He asked if the large amount invested into the Western Cape Safety Plan had yielded positive results.

While the Department adopted a strategic evidence-led approach in dealing with the top 10 murder areas in the Western Cape and other high crime areas, it seemed as if the gangsters were always one step ahead. It seemed that the murder rate was increasing day by day. This was a worry in the communities, because it affected safety in homes, schooling, work and every aspect of people's lives.

Mr Pretorius informed the Committee about an article published on Netwerk24 by Mark Shaw. The English translation stated that organised crime structures were very well established in Cape Town, and what happened in Cape Town happened elsewhere in South Africa.

He referred to the list of legislative and other mandates on page 17. He asked why the functions of the WCPO had not been included under the list of the constitutional mandates.

Ms Bans said that it was necessary for the Committee to ask the Department about its plans to address the escalation in violent crimes in the province. Her question was based on recent incidents, including the assassination of an Israeli businessman, multiple mass murders in Gugulethu and Mfuleni and other safety-related incidents resulting in over 130 deaths in a week. She requested Minister Allen to comment on this.

She noted the Department’s plans to conduct oversight over the SAPS and municipal police services in accordance with Section 206 of the Constitution. She asked if this included oversight over other law enforcement agencies. If not, she questioned when the Department would attain greater oversight over law enforcement agencies.

She asked the Minister and the HoD to provide insight into the long-term vision of the LEAP programme beyond the current administration.

Mr Kama referred to page 9, which indicated that the Western Cape had the highest decrease in murders during the 4th quarter of the year under review. It further attributed this success to the deployment of dedicated LEAP officers. He said that while he welcomed the decrease in murder, he had difficulty in understanding how this was attributed to the deployment of LEAP officers. It seemed that when there were increases in crime, the SAPS would be blamed for not doing its work, but if there were decreases in crime, then the successes were attributed to LEAP officers. He asked if the Department had considered commissioning an independent assessment of the impact of the LEAP programme.  

He asked for an update on the implementation of the Safer City Model in the province.

Ms Windvogel noted that the Western Cape’s gang membership was estimated to be around 100 000. She asked how the Western Cape Safety Plan assisted in addressing the challenges faced by the SAPS’s Anti-Gang Unit. Did the Department have a strategy to target high-ranking gang members? She asked for the Minister's opinion on the reported arrest of a prominent gang leader in the province.

She asked if the Chrysalis Academy Youth Hubs Ambassadors programme impacted reducing youth unemployment in the province. She asked if there had been efforts to expand the employment opportunities for youth, because the employment of 19 tourism safety officers seemed insufficient.

Responses

In response to Mr Christian, the Minister said that the murder rate in the country had increased by 8.3 percent. The country had sadly become more violent. Murder across various provinces increased. The Western Cape had the lowest increase of 0.12 percent. This upset many people, considering that the Western Cape had the additional deployment of LEAP officers. He would never be satisfied that the murder rate had stabilised in the province, because the ultimate goal was to ensure that it decreased.

For the year under review, there were reductions in the number of murders in seven of the 13 LEAP areas. The Department assessed that the seven areas performed far better because Leap officers were in those areas for longer terms. Officials from SAPS, City of Cape Town and various other officials were part of a study that went into a particular community to map out the responsibilities of each department and each sphere of government.

The Department’s data-led approach was based on the data obtained from SAPS crime statistics and the Forensic Pathology Service about where murders took place. The Department also relied on an evidence-based approach to shifting crime patterns to identify crime hot spots. The working hours of LEAP officers were amended to a 24-hour shift system, based on an analysis of the key times and days when violence occurred, but also considering the loadshedding times.

It was consistently observed that one gang-related murder could lead to six or seven additional murders over a seven-day period. The Department wanted to eliminate the secondary shootings that happened after a gang boss or gang member had been killed. He urged that SAPS's intelligence component be ramped up to combat and investigate crime. It was a huge mandate, considering that organised crime and gangsterism were cemented in the communities. Gangs and organised criminals had become extremely sophisticated, because they had access to funds. He reiterated that the intelligence component of the SAPS needed to be ramped up.

He noted that the Portfolio Committee on Police had also attributed the successes in the Western Cape to the deployment of LEAP officers. He stood by his comment but added that it was also a collaborative approach with the SAPS, CPFs and NHWs. Everyone played their role.

He referred to Ms Bans’s comment about the 130 homicides that occurred within a week. He said this had happened from Heritage Day until the end of September. It was the bloodiest week in the calendar year. The Crime Register indicated that the top causative factor was arguments and misunderstandings, the second was gang-related murders, the third was domestic violence and the fourth was mob justice. Many of the murders during that week were not reported in the media. The leading causative factors suggested that a whole-of-government approach was needed to promote safety in all spaces.

He said that the Department would definitely welcome having oversight over law enforcement, so that all efforts could pull in the same direction, but the legal opinions had indicated that this was not possible in the current constitutional framework. The three law enforcement agencies in the country were the SAPS, the South African National Defence Force (SANDF) and the Border Management Authority. Other law enforcement was strictly in terms of municipal laws, but the Department would want to play a role by ensuring that the law enforcement officers upheld the oath that they had taken. He noted that this Committee could call upon the City of Cape Town to provide information about the Metro Police.

He told Ms Windvogel that he was very conservative about the estimation of gang members in the province, because he had not been able to establish the exact figure. He recalled that Mr Chris Nissen, South African Human Rights Commissioner, had publicly stated that the estimate was around 200 000. He assumed that the figure was around 100 000, but this was very difficult to establish, because no person was going to count how many gang members there were in a particular area. It was highly likely that the number of gang members in the Western Cape outnumbered the SAPS. The Department wanted to ensure that the province received a deployment of SAPS officers in line with the Policing Needs and Priorities (PNPs). Since its inception, the Anti-Gang Unit had never had its full complement of members. The Anti-Gang Unit was granted a composition of 247 members, but it currently had only 171 members.

The Department had conducted internal rapid assessments of the LEAP intervention, which showed that the programme was working. Independent assessments done by Dr Jean Redpath also publicly confirmed that LEAP was working. The Department was aware that it still had a long way to go.

To Ms Windvogel’s comment about the arrest of a prominent gang leader, he replied that the Department was delighted. The Department had had engagements with the SAPS unit that brought down one of the biggest drug lords from the Mitchells Plain area, and sentencing was due at the end of the month. It took five and a half years to bring this drug lord to book, in terms of the Prevention of Organised Crime Act (POCA). If the Western Cape had more of these specialised units and detective capabilities, it would see more and more high-level drug lords behind bars.

On the question about opportunities for youth, he said that the Chrysalis Academy was the Department’s youth development programme that provided opportunities to the youth. The Department also placed those graduates in employment opportunities. Some graduates were offered alternative opportunities in other departments, particularly in the Department of Cultural Affairs and Sport.

Adv Pillay said that sections 206 and 207 of the Constitution provided for the provincial government to investigate or appoint a commission of inquiry into any complaint of police inefficiency or a breakdown in relations between the police and any community. The establishment of the WCPO’s Office was linked to the provincial mandate, but it found expression in terms of section 10 of the Western Cape Community Safety Act to deal with service delivery complaints about the SAPS.

She referred the Committee to the performance information on page 23 of the report (Part B), which indicated that LEAP officers had conducted 492 460 operations in the 2022/23 financial year. She noted that some were joint operations with the SAPS and integrated operations with the City of Cape Town’s law enforcement agencies.

She said that the data and evidence-led deployment of LEAP officers to the top 10 murder areas and other high crime areas occurred at the SAPS Provincial Operational Command Centre (POCC). The station commanders managed the deployment of LEAP officers in their areas.

On the question about oversight of law enforcement officers, she replied that this was a challenge that the country faced. For instance, Gauteng had crime prevention wardens but there was currently no legislative framework for oversight over law enforcement. The Western Cape would unfortunately not be able to have its own legislation for oversight over law enforcement. The Department had considered incorporating this oversight into the Western Cape Community Safety Act moving forward, but the legal opinion indicated that it was not part of the Department’s mandate. She noted that the City of Cape Town had a Civilian Oversight Committee (CIVOC), which was an independent committee made up of civilians to oversee the city’s operations. The Department of Police Oversight and Community Safety also had an oversight role through its Transfer Payment Agreement business plan, where the City of Cape Town must report to the Department in terms of the APP monitoring.

On the long-term vision for LEAP, she said that there was a funding allocation for LEAP up until the 2025/26 financial year. The Department was hopeful that there would be allocations beyond that period, so that LEAP officers can continue to support the work of SAPS.

She reiterated the Minister’s comments that Dr Jean Redpath had done research on the impact of LEAP, and that the Portfolio Committee on Police had also said that LEAP had contributed to the reduction in the murder rate. At times, the LEAP officers outnumbered the SAPS officers at station level.

The Safer City Model was an initiative of the SAPS led by the City of Cape Town. The Department chaired the research committee of the Safer City Model.

The current complement of Chrysalis Academy graduates was 690. The 19 Tourism Safety Officers were an earmarked allocation. However, the Department supported approximately 900 youth with a monthly stipend; this included the Chrysalis Academy graduates, the Tourism Safety Officers, Peace Officers and others. 

PART B

Ms Baartman said it was absolutely wonderful that the Committee conducted its oversight visit to the LEAP Base in Bishop Lavis on 22 August 2023. She asked for an update on the progress in developing a framework for the devolution of provincial policing powers, and whether there was an estimate of how much it would cost.

She referred to the output indicator on page 47 relating to the number of compiled supply chain management (SCM) performance reports. She asked if it was possible to change the indicator to the actual SCM performance or if there was a better way to report on the SCM performance of the Department.

On page 54, she noted that there was a recommendation for the development and standardisation of a funding model for all K-9 Units supported by the province. She asked if this recommendation had been implemented.

Mr Kama asked the Department to inform the Committee of the challenges that it experienced with the LEAP programme, because he had continuously seen slight decreases in the number of LEAP officers. Was this because some LEAP officers had pursued opportunities with other law enforcement agencies? What was the Department doing to address this, considering the funds invested in training LEAP officers?

He asked about the Department’s approach in exploring the devolution of provincial powers, considering that the Western Cape Provincial Powers Bill was poorly structured. 

Mr Christians said that he was worried about the number of firearms lost or stolen from police, considering that firearms were the weapon of choice in 48.5 percent of all murders in the province. He asked what the Department was doing to enforce consequences when firearms were lost or stolen from police.

He observed that the Chrysalis Academy was doing a sterling job. He and Mr Kama had attended a few of the passing-out parades. On page 74, he noted that the Department had increased its support for the Chrysalis Academy through the establishment of youth hubs in different areas. He believed that this was a big success because it would increase its reach to more at-risk youth. He asked how the areas had been identified as being in need of the youth hubs. He asked about the future plans for the Chrysalis Academy.

He said that the province’s K-9 Unit was a great success. He asked if the Department intended to expand the unit to bolster its success rate.

Ms Windvogel referred to the Department’s organogram. She asked about the reasons for the vacancies, and how long the positions had been vacant. She asked for more information on the Department's employment equity targets. She asked if there were plans to increase the representation of Coloured and African people in top management positions.

She asked what the Department and WCG were doing to address substance abuse and drugs, which were known as key drivers of crime and violence. She asked who was responsible for implementing the Firearms Harms Reduction Strategy, which was recommended in the 2021/22 PNP.

Ms Bans asked about the Department’s role in combating the drivers of crime in the Western Cape. Did the Western Cape Safety Plan have specific measures to restrict access to illegal firearms and to curb the supply of ammunition to gangs?

She asked about the contents and allocated budget of the WCG Gender-Based Violence Implementation Plan. She asked if the Department supported the SAPS in solving cold cases of gender-based violence and femicide (GBVF) in the province, such as the case of 19-year-old Sinoxolo Mafevuka, and the case of 4-year-old Tamia Botha.

She asked about the Department’s progress with the preparatory work to review the Western Cape Community Safety Act.

She asked about the total budget allocated to CPFs. She asked why the safety project or administrative support was valued at R10 000 if it was planned in partnership with accredited NHW structures. What were the reasons why some CPFs had not partnered with NHW structures?

She noted that a total of 28 members of NHW structures were trained to become “first responders” to incidents of GBV. She asked if this had been effective, and whether this would be rolled out in all NHW structures.

Mr Pretorius referred to page 75 on Judge Daniel Thulare’s judgment that gangs had infiltrated SAPS top management. He asked if there were any plans to try and eradicate these corrupt relations.

The Minister responded to the questions about the devolution of policing powers. He said section 206(4)(c) of the Constitution stated that a provincial executive was responsible for policing functions allocated to it in the national policing policy. The drafters of the Constitution foresaw that policing powers could ultimately be allocated to a provincial executive. There was a continuing call for the devolution of powers. The Civilian Secretariat for Police Service (CSPS) had been mandated by the national Minister of Police to undertake engagements with provinces regarding the national policing policy. He informed the Committee that out of the four national policing policy engagements, the CSPS said that he was the only Minister that had actively engaged.

It was very clear that the province was heading in a certain direction. Other provinces had visited the Western Cape to do benchmark exercises and tests. He believed that Section 206(4)(c) of the Constitution would very likely be realised in the country, considering the dynamics that played out during elections and so forth. He noted that the costing of the devolution of provincial policing powers was extremely tricky. The Department had concluded the framework, which would be presented to the Premier within the next few days. It would give an idea of what the SAPS would potentially look like under the WCG. There were two components to the SAPS budget. One was the cost of employees, which was directly derived from the national coffers. The SAPS would have an operational budget within the province that could be managed under a devotional framework to form closer working relationships.

Premier Alan Winde’s idea was to launch the K-9 Unit when he served as Minister in 2018. The province now had K-9 units in the Overstrand, Swartland and Mossel Bay municipalities. The K-9 units worked collaboratively with the district safety forums, which enabled cross-boundary work outside the municipal boundaries. The Department would want to provide more K-9 units across the province.

He referred to Mr Kama’s question about the challenges of LEAP training. The WCG was aware that its investment in the LEAP initiative included training officers. If LEAP officers left the service, the Department looked into the reasons and opportunities they pursued.

He referred to Mr Christians’s question about lost or stolen firearms. There were several ways that firearms landed up in the hands of criminals, especially if SAPS officers, private security officers or private citizens lost their firearms. There were sad instances when police officers were brutally killed and their firearms stolen. The Department had relaunched a reward system on the tip-off line. He understood the fear that many communities had of giving tip-offs. He noted that section 19 of the Western Cape Community Safety Act allowed the Department to obtain information from the SAPS concerning the number of firearms lost, and whether disciplinary processes had been followed.

The youth hubs were determined by a data-led approach, considering that certain areas had higher levels of youth unemployment.

Ms Bans’s question about the contents of the WCG Gender-Based Violence Implementation Plan was a very good one. He advised that the question be directed to the Department of Social Development, because the Premier had tasked that Department to take the lead in GBV initiatives, while the Department of Police Oversight and Community Safety was responsible for monitoring the Domestic Violence Act. He was saddened that it was more than a year since Tamia Botha’s passing. He continued to have engagements to follow up on how this particular case was being addressed. The Department did not have investigative powers to ensure that the cold cases were dealt with, but it could get answers through probing. He often directed correspondence to the DPP’s Office to ask for clarity or get a detailed report on particular matters.

On Mr Pretorius’s question about capturing SAPS members involved in corrupt relations, he said the SAPS had an internal inspectorate that could do investigations, including sting operations. In the year under review, it had led to some specialised unit members being investigated and arrested. He assured the Committee that the Department would submit further feedback on Judge Thulare’s judgement as soon as he received the report from IPID.

Adv Pillay explained that LEAP officers were contract officers, so they often applied for permanent positions within the City of Cape Town law enforcement component. The Department was engaged with the City of Cape Town to train the Chrysalis Academy graduates who became Peace Officers at a reduced cost or no cost. Moving forward, the Department hoped to set up its own safety academy, where the City of Cape Town would also train Peace Officers free of charge.

The Department had already prepared a framework for devolving provincial policing powers, which would be presented to the Premier. The framework considered incorporating the current SAPS component in the province into the Department. It also considered various levels of deployment beyond the SAPS.

To Ms Baartman’s question about the SCM output indicator, she replied that the reason why it referred to reports was that there were so many aspects. It includes the transactional information, number of orders, transactions processed, emergency procurement, accruals, capacity of an SCM unit, et cetera. The Department had incorporated SCM within the annual operational planning, which improved the outcomes in the Auditor-General report.

She reiterated Minister Allen’s point that other provinces were also looking into how they could strengthen their law enforcement capability to support the work of the SAPS. The Department had looked at various approaches, by considering the role of Chrysalis Academy graduates, Peace Officers, K-9 units and law enforcement officers.

The K-9 units were currently operating in the Overstrand, Swartland and Mossel Bay municipalities. The model differed based on the capability of the municipality. Some municipalities were able to train their own dogs and have handlers within the municipality, whereas, in another model, the dogs were hired. The Department was trying to encourage the dogs to be trained by handlers within the municipality, but this was the more expensive model. Due to cost containment measures, the Department was unable to roll out a K-9 unit in the Central Karoo municipality. This would hopefully be done in future.

On the firearms lost or stolen from police, she replied that the Department had a strategy in collaboration with the National Prosecuting Authority (NPA) to deal with these cases. A workshop on 17 November 2023 would look into the POCA. The Department would invite judicial experts to reflect on potential amendments to the Act, and how the SAPS and NPA could improve utilisation of the Act.

She explained that the youth hubs were linked to the Western Cape Safety Plan to increase the reach to more at-risk youth. Unfortunately, if the Department experienced budget cuts, it might have to forgo the youth hubs. The Provincial Treasury requested the Department cut its budget by R55 million. In that case, the Department would choose a community-based Chrysalis Academy programme that might have a greater impact. This had been piloted in Atlantis, and if the budget permitted it, it would be rolled out in Kraaifontein. The youth receive accredited youth development training, so they become youth development officers. The idea was for the youth development officers to reach out to more youth. The Department had also reprioritised its own budget to pay the Expanded Public Works Programme (EPWP) stipend for those youth. The Department hoped that the municipal sub-councils would become more involved in covering this stipend, as the youth would ultimately serve those communities.

The LEAP programme was focused on addressing the drivers of crime. It had had many successes in the confiscation of firearms. To date, just under 700 firearms have been confiscated by LEAP officers.

While the WCG Gender-Based Violence Implementation Plan was led by the Department of Social Development, the Department of Police Oversight and Community Safety also had a role to play. The Department monitored SAPS compliance with the Domestic Violence Act, and its Court Watching Brief Unit monitored GBV cases. As a pilot initiative, the Department trained 28 members of NHW structures to become “first responders'' to incidents of GBV. The success of this would be measured, but the rolling out to other NHW members would depend on the Department of Social Development, because they offered the training. The Department would also like to roll out mediation training across the province, to assist in situations of unrest or protest action.

The total budget for CPFs was R900 000. The Department encouraged CPFs and NHW structures to work together, while acknowledging that they had different mandates. The Department offered support of R10 000 if CPFs partnered with NHW structures, because it would have a greater impact if community-based structures worked together in support of safety. The reasons why CPFs did not access the funding could vary. For example, some CPFs had access to funding and did not want money from the Department.

The Premier and Minister Allen had launched an eminent persons’ advisory panel that would deliberate on Judge Thulare’s judgement concerning gang infiltration into SAPS top management. The panel would produce a report and write directly to other institutions, such as the NPA or the Public Protector, to give ideas on how to address the scourge of gangsterism in the Western Cape. 

Mr David Coetzee, Chief Director: Secretariat Safety and Security, said 36 firearms were lost or stolen from SAPS police in the Western Cape, and 32 lost or stolen from Metro Police. Sixteen firearms were recovered, but these were not necessarily those lost or stolen during the 2022/23 financial year. 

Adv Pillay referred to Ms Windvogel’s question about employment equity. She said that pages 142-145 contained tables on employment equity at various levels. The Department had an employment equity forum, and an employment equity plan that it monitored very closely. The Department had 90 percent compliance with its Senior Management Service (SMS) members. The two vacant posts had been vacant since 2021. The Department had advertised and interviewed more than once but was unable to make a suitable appointment. It was important to have the right people in these positions. The Department had to withdraw the advertisement for the Director position, because the job evaluation reflected slightly differently to the advertisement that was published; the Director post was now in the shortlisting phase. The Chief Director post would soon be at the interview stage.

Ms Baartman referred to page 66 on the output indicator for the number of reports compiled on police stations. She asked if it was possible to change the indicator to the number of police stations assessed, instead of the number of reports on police stations assessed. She referred to the output indicator for the number of post-monitoring reports compiled on police inefficiencies and systemic failures reported to the SAPS as identified through the Court Watching Brief programme. She asked if it was possible to consider reporting on the number of failures, instead of the number of post-monitoring reports. She asked if the post-monitoring reports were also referred to the courts or to the Department of Justice and Constitutional Development so that there could be an integrated approach to decreasing administrative inefficiencies.

Ms Windvogel asked if the murder rate reduction target was achievable within the next six years. Had the Department conducted an independent impact assessment to determine the effectiveness of the LEAP programme?

She asked about the training of LEAP officers and whether this was outsourced. Was the training adequate to equip LEAP officers with the skills to handle the high levels of violent crime in the province? Were all LEAP officers issued with firearms?

Ms Bans wanted to follow up on the comment that the Department had no investigating powers. She noted that in a briefing that had taken place the previous day, Minister Allen had said that investigators had been deployed to the City of Cape Town. She asked if this was derived from the same legislation.

Adv Pillay said that the output indicator for the number of reports compiled on police stations assessed was a national sector indicator. The Department was doing a census project on all 151 police stations, as this is done every five years. Moving forward, the Department might not assess all 151 police stations, but rather assess police stations that required extra monitoring. The focus would be on the top stations for murder or the stations that most of the complaints were about. 

She explained that the Court Watching Brief Unit looked into matters that were struck off the court roll due to possible SAPS inefficiencies or systemic failures. The Department had started post-monitoring reports to look into the action taken, including disciplinary action and whether matters had been placed back on the court roll. The Court Watching Brief Unit not only submitted reports to the SAPS but also engaged at a judicial level. 

She said that the LEAP officers received the same firearm training that SAPS officers receive.

On Ms Bans’s question about the investigative powers, she was not certain if Ms Bans had referred to the initial Western Cape Safety Plan that made provision for 115 investigators. She clarified that the Department had not funded any City of Cape Town investigators. 

Mr Coetzee said that the City of Cape Town does the training of LEAP officers. The officers underwent training for 77 days, including firearm competency training. Training was also provided to Peace Officers, but not on firearm competency. The Peace Officers underwent training similar to a learnership where they would work in a particular field, but they could later evolve to the level of LEAP.

Mr Christians said that the 77-day training for LEAP officers seemed inadequate. He asked what the training entailed.

Mr Coetzee said that the training covered a set of modules that was quite comprehensive. It included training on the Criminal Procedure Act, tactical and restraining techniques, basic firearm competency, etc. The City of Cape Town had developed a good curriculum. The officers also received ongoing in-service training.

Adv Pillay said that the Department would submit more information on the training.

Mr Christians said that when he was a law enforcement officer about 30 years ago, the officers underwent training for six months. He questioned how LEAP officers received 77-day training.

Minister Allen agreed that the Department would submit detailed information on the training. He said that the LEAP applicants would undergo a vetting process to ensure they would contribute to law enforcement. The ongoing in-service training was about street awareness and combat training for the specific areas. The LEAP officers were working extremely hard.

The Chairperson noted that Ms Windvogel had asked a question about whether the target to reduce the murder rate was achievable and whether any independent metrics had been put in place to measure this.

Minister Allen replied that the Premier had made a commitment that the WCG would work towards reducing the murder rate by 50 percent by 2029. No other politician had ever made such a firm commitment to reduce the murder rate in this way. The Department would work as hard as possible to realise it.

The Chairperson noted that the Public Accounts Committee would cover Part C of the report.

Discussion

PART D

Mr Pretorius referred to page 130 on the personnel expenditure by programme. He asked if it was correct that the personnel expenditure was 20 percent of the total expenditure for the 2022/23 financial year. If this was correct, that was good business.

He asked if the Western Cape would receive an increased deployment of SAPS members and police resources, considering that the recent census statistics revealed a population growth in the Western Cape.

Mr Christians referred to page 139 on the reasons why staff resigned. He noted that 15 staff members did not supply their reasons for resignation, and three staff members indicated that they needed a career change. He asked if the Department conducted exit interviews to obtain the reasons for resignation, as this would assist the Department in tackling some issues that it may not be aware of.

On page 160, he noted that three staff members had been dismissed for misconduct. He asked if the nature of the cases was so severe that there was no way to retain those members.

Ms Baartman asked about the most sought-after skills regarding the skills development referred to on page 147.

Ms Windvogel said that the table on page 58 contradicted the Minister’s February reply to Ms Bans’s question, which indicated that 73 CPFs received about R600 000 in the year under review, and approximately R3.8 million over the past four fiscal years. She asked the Department to clarify the inconsistency in the reported figures.

She asked for details on the Cluster Board that was funded. She asked why other Cluster Boards did not apply for funding. 

Ms Bans asked for more details on the irregular expenditure removed, and why the Provincial Treasury’s Condonement Working Committee (CWC) indicated that the expenditure was not classified as irregular expenditure.

She referred to page 172 on the contract variations and expansions. She asked about the total number of contracts with Trigon Travel. She asked if it followed a true and open tender process. She asked for more details on the increase in the value of contracts.

Ms Baartman pointed out that Part E and Part F were supposed to be dealt with by the Public Accounts Committee. She was mindful as it was almost time to adjourn, and a member of the public also wanted to raise a question.

The Chairperson said that Members were allowed to ask questions from page 125 up until page 249. Members of the public would also be given an opportunity to raise questions.

The Minister said he would make sure that his Office followed up on the parliamentary reply that Ms Windvogel had referred to. He asked Ms Windvogel to indicate what question had been posed, so that he could ascertain which time period the figures related to. He said that the figures on page 58 of the annual report were for the 2022/23 financial year.

Adv Pillay said two dismissals were in the former Office of the ministry. The other dismissal was also a serious matter of insubordination and attacks (not physical) against personnel.

On the reasons for the resignations, she replied that the staff members had a choice as to whether they would participate in an exit interview or not. Some staff members had left for better opportunities or retirement. Staff members resigned for various reasons.

She said the Department would submit information on skills development, especially on the most sought-after skills.

Regarding the contract variations and expansions, she explained that the Department conducted its PNP engagements and Rural Safety Summits. Initially the Department would have a confirmation on the number of people it would cater for, but at times more individuals would indicate that they would want to attend. The Department encouraged as much participation and community engagement as possible.

Mr Moegamat Frizlar, Chief Financial Officer, Department of Police Oversight and Community Safety, said that the contract with Trigon Travel was a single contract. The table on page 172 shows the different transactions for the one tender. Trigon Travel provided the Department with conferencing and accommodation services. The Department did request participants to RSVP prior to an event taking place. The expansion of each order number was due to more participants arriving at the engagements, so the service provider incurred more costs in providing for the additional people.

Adv Pillay referred to the question about the expenditure not classified as irregular by the Provincial Treasury’s CWC. She said that the Department would err on the side of considering it as irregular expenditure until it heard otherwise. The Department would also initially plan to cater to lower numbers of people until it gets confirmation of more people to ensure that there is no wasteful expenditure.

Public participation

The Chairperson invited members of the public to raise questions.

Mr Linda Peto said that he was from Bloekombos Kraaifontein. He thanked the Committee for the opportunity to participate. He had listened to the discussions on the annual reports, but he was concerned about the murders and rapes that happened day after day in Kraaifontein.

Due to criminality, there had been disruptions in the construction of two schools on the Blue Ridge Sports Grounds. The City of Cape Town and the SAPS had not assisted the community with this. He was saddened as one of the community leaders had identified the criminals that caused the disruptions but was not supported by law enforcement or SAPS. He had personally tried to approach the SA Human Rights Commission (SAHRC) for assistance, because the community could not allow such criminality.

He informed the Committee that the law enforcement officers would chase away fruit vendors, but would do nothing to address the criminality in the area. He did not understand why. He wanted to ensure that the Bloekombos area in Kraaifontein became a much safer space for the children and members of the community. He noticed that other areas in the CBD had CCTV cameras and 24/7 law enforcement. He questioned why this was not implemented in areas like Bloemkombos.

He asked the Department about the measures it had in place to assist Kraaifontein, considering that it was one of the top murder precincts.

Responses

The Minister said he hoped that Mr Peto would agree to have lunch with him. He would ensure that his Office would call Mr Peto directly to arrange this as soon as possible. He thanked Mr Peto for coming all the way from Kraaifontein to raise concerns on behalf of the Kraaifontein community. He said Kraaifontein had seen steady reductions in murder over the past few quarters. He was aware that many people still felt unsafe. He noted that Bloemkombos and Wallacedene contributed to almost 60 percent of all crime in the Kraaifontein area. He fully understood Mr Peto’s concerns. He said that the Department would have continued engagements with the councillor, because the suggestion about cameras was a good point.

He asked Mr Peto if he could provide information on the vehicle numbers of the officers that he had referred to so that he could ascertain whether they were law enforcement officers or LEAP officers who conducted themselves in that manner. He said LEAP officers had a clear mandate and should not involve themselves with what Mr Peto had indicated. He understood that by-law enforcement on goods being sold was more related to law enforcement.

He said that the Department would want to ensure that more NHW members are actively involved in Kraaifontein, because they were the eyes and ears of the communities. The Department worked closely with Sector Commanders so that they were directly and proactively informed of matters on the ground.

Concluding remarks

Adv Pillay said that she was thankful for the opportunity to account to the Committee. It made the Department aware of how it can better serve the Western Cape's residents.

The Minister thanked each Member of the Committee and his colleagues. He said that the Department had stretched itself to reach its targets and to fulfil its mandate. There were some difficult conversations, but the officials were always on the same page.

Committee resolutions

The Committee Procedural Officer, Mr Waseem Matthews, noted the following:

WCPO discussion

• The Committee requested a breakdown of the 520 complaints received, specifically on the cases pertaining to the alleged failure by SAPS to close known drug houses and the SAPS’s failure to address kidnapping and extortion cases in the province.

• The Chairperson conveyed a recommendation that the Committee invite the SAPS to present its response to the findings and reports submitted to them by the WCPO.

WCLA discussion

• The Committee requested a comparative breakdown of inspections conducted in township and rural areas compared to those conducted at established businesses.

Department discussion

• The Committee requested that the Department provide the number of people that attended the 89 NHW training and capacitation sessions, and to provide the number of NHW structures that received first responder training.

• The Committee requested a breakdown of the 77-day training programme given to LEAP officers.

The meeting was adjourned.