Western Cape Adjustments Appropriation Bill: Police Oversight and Community Safety

Police Oversight, Community Safety and Cultural Affairs (WCPP)

29 November 2023
Chairperson: Mr G Bosman (DA)
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Meeting Summary

The Standing Committee on Police Oversight, Cultural Affairs and Sport in the Western Cape Provincial Parliament (WCPP) convened virtually to consider the Western Cape Adjustments Appropriation Bill, 2023; Vote 4: Police Oversight and Community Safety. The Committee voted to adopt the Bill. In terms of Rule 90, the ANC expressed the minority view not to support the Bill.

Additionally, the Committee adopted the Draft Report on the vote, the Annual Report on Police Oversight and Community Safety as well as the minutes thereto, and the 22 August 2023 Report on the oversight visit to the Law Enforcement and Advancement Plan (LEAP) Base in Bishop Lavis.

The Committee expressed the concern that the reduced budget allocations, to fund the implementation of the wage agreement, would negatively impact the ability of the Department to ensure the safety and security of citizens in the province. The Department assured the Committee that despite the challenging fiscal environment, frontline services would be protected to ensure the safety of communities in the Western Cape.

Meeting report

The Chairperson remarked that the Western Cape Adjustments Appropriation Bill, 2023; Vote 4 on Police Oversight and Community Safety was on the agenda for discussion. He invited members of the public to give input at the appropriate time as the meeting is considered a public hearing. He called on the MEC for Police Oversight and Community Safety to deliver his opening remarks.

Opening Remarks

The Member of the Executive Council (MEC) for Police Oversight and Community Safety, Mr Reagan Allen, said Vote 4 was being deliberated under difficult circumstances. During the tabling of the mid-term budget policy statement, the MEC of Finance, Ms Wenger, said although the R1.1 billion budget reduction was placing the province in an extremely difficult position, no part of the province would be left behind. The Department would work towards ensuring that frontline services are prioritised to create a safer Western Cape. As outlined in the budget process, the provincial government gave formal notice of the inter-governmental dispute that was lodged because the shortfall was placing strain on frontline services across the government. He believed that the Committee would provide valuable input to ensure a safer Western Cape.

Adv Yashina Pillay, Head of Department (HOD), Community Safety, said it was unfortunate that the Department was facing budget cuts. The Department tried to project reductions that would minimise the impact on service delivery and its mandate. Within the limited resources, the Department would try its best to make the Western Cape safer for all citizens.

Discussion

The Chairperson tabled Vote 4 and allowed Members to comment.

Ms D Baartman (DA) referred to the compensation of employees (COE) entries across line items on pages 55 to 56 and wanted to understand the impact of the total wage agreement on the Department. She noted on page 60, the reiteration of the R289 000 reduction in the National Conditional Grant for the Expanded Public Works Programme (EPW) Incentive Grant for provinces. She wanted to understand the impact of this particular budget cut on the Department.

Ms A Bans (ANC) referred to the decrease in the main appropriation budget on page 53. She found it disappointing that in response to the increase in homicide figures for the second quarter, the provincial government reduced the equitable share of the Department by R33.5 million as reflected on page 64. She enquired about the rationale for the equitable share reduction. Despite the rising crime and the response to the increase in violent crimes, the budget was cut and would add to the failure of the safety plan. She referred to the underspending in sub-programme 2.5 on page 57. Two priority reasons to shift funds were noted, i.e. vacant posts and less funds available for services. She asked how many vacancies have not been filled. In respect of less funds required for neighbourhood watches and community police forums (CPFs), she wanted to know how it was possible because neighbourhood watches and CPFs are always in need of funds. She asked if this was due to poor planning or due to the Census Project that was not budgeted for in the main budget.

Mr G Pretorius (DA) sought an explanation for the staff debt on page 55 and self-finance expenditure on page 60. He noted on page 63, the increase in the budget allocation for the Western Cape Liquor Authority and a reduction of R1 million in Programme 1. He sought clarity on the R1.3 million shift to Vote 1 to the Department of the Premier for the development of software programmes for safety projects.

Mr F Christians (ACDP) said considering the rampant rise in crime in our communities, more money should have been allocated for neighbourhood watches and CPFs to fund more boots on the ground. He asked if the underspending in policing functions in Programme 3, was due to the delay in filling vacancies. He wanted to know how service delivery and the constitutional responsibility of the Office of the Police Ombudsman would be impacted by the R1 billion budget cut to fund the 2023 wage agreement. He asked how the rolling out of the LEAP officers would be impacted and what effect the budget cut would have on the Chrysalis Academy in communities.

Mr M Kama (ANC) said it was important to prioritise reductions to not impact service delivery. He sought justification for the R1 million budget cut for the Liquor Authority and the impact thereof on service delivery. He wanted to know how much was allocated for the LEAP programme. He requested a total expenditure breakdown of the LEAP programme over the 2019 to 2023 period in terms of the number of officers trained, training costs per officer, and how many officials left to join other units. Referring to page 57 about the realignment of the LEAP stations and UIF expenditure to transfers and subsidies, he asked for the motivation for shifting the LEAP stations to the City of Cape Town. He requested a status report of LEAP stations, how many were operational and what has been the impact on communities.

MEC Allen stated that a decision was, made during internal discussions, to protect frontline services and to fulfil the mandate of the Department despite the difficult circumstances following the reduction in the budget. An inter-governmental dispute had been lodged about the budget cuts because of the impact it would have on the level of service delivery in communities. The Department had gone beyond the scope of the LEAP programme. The quarterly statistics vary depending on different factors such as the release of parolees and the increase in sporadic incidents of gang violence. A reduction in crime has been reported since the implementation of the safety plan. In an environment of fiscal reduction, the filling of priority posts has been highlighted. Discussions with the Premier and the MEC of Finance are ongoing to ensure critical posts are filled. He had bilateral talks with the Premier and the Mayor to protect the LEAP programme despite the budget adjustment. He undertook to provide the statistics on the LEAP programme as requested by Mr Kama.

The HOD, adv Pillay, replied to Ms Baartman that the total impact of the budget cut on the Department amounted to R10.24 million. R20 million was budgeted to prioritise the Chrysalis Programme. The R33.5 million reduction was having an impact on the ability of the Department to render critical services. The underspent in the neighbourhood watch allocation was due to the available stock of starter kits and uniforms. Providing uniforms is based on the accreditation of neighbourhood watches. She advised that the Department was unable to fill the 43 posts in the pipeline. A request was submitted to the Premier to fill nine critical posts. The Census Project has an unfunded mandate. The National Department requires that a census be conducted every five years. Resources had to be allocated to meet the national requirement. She replied to Mr Pretorius that staff debt was written off on advice from the State Attorney because it was either not economical to pursue or the debt had been prescribed. The R1.3 million transfer to the Department of the Premier was for the development of the IT system and platforms. She acknowledged that the wage agreement was having a far-reaching impact on the Department and would continue to do so for years to come. The Department was unable to fill the 150 vacancies, and the Ombudsman posts, and was trying its utmost to retain the 1 200 LEAP officers. Engagements with the City of Cape Town were ongoing to fund the community-based Chrysalis Academy. The Department was relying on sub-council managers to support the initiative.

The Chief Director for the Secretariat for Safety and Security, Mr David Coetzee, stated the total costs per LEAP officer was R290 000. The R22 million budget cut would affect 79 officers but the number of officers would not have to be reduced due to the difference in the budget cycle, i.e. the budget cycle of the City of Cape Town ends in June while the Department’s cycle ends in March. He had sessions with all 13 area commanders to assess the scenarios of redeployment. R4 million had been transferred for LEAP stations. The City of Cape Town has vetted contractors in place which the Department have access to. The LEAP stations in areas such as Hanover Park, Phillipi, Delft and Bishop Lavis are being branded to make it more visible to the communities.

The Chief Executive Officer, Western Cape Liquor Authority, Mr Simion George, said the entity had ample warning of the fiscal constraints and started implementing remedial elements as per the fiscal strategy. The R1m budget cut was absorbed by reducing community education and stakeholder engagements. The Compliance and Inspectorate Unit took over the responsibility of managing stakeholders, including licence holders and communities. The saving was a result of not filling vacancies and was used to accommodate most of the budget cut. In future, the Compliance and Inspectorate Unit will require funding. The entity did not have regional offices and was collaborating with partners across the Western Cape.

Follow up discussion

Ms Bans wanted to understand why starter kits and uniforms were left in stock when there was a need to support more neighbourhood watches and CPFs. The Department was not mastering the available resources. She enquired about the process of obtaining neighbourhood watch accreditation.

Mr Christians asked how the Office of the Police Ombudsman would be conducting its operations in light of the budget cuts.

The MEC, Mr Allen, explained the neighbourhood watch accreditation process. The provision of a starter kit and startup funding for a neighbourhood watch and CPF is based on one cycle per year. The CPFs are alerted for certain projects to align their activities with the SAPS project. Interested parties must submit an application for funding and a proposal. The Department monitors the programmes and the spending on all projects. Certain neighbourhood watches and CPFs might be reluctant to apply because of the stringent conditions. He admitted that the requirements might be made easier but set criteria must be met when funds are allocated for an event to ensure the money is spent for the intended purpose.

Adv Pillay said the Community Safety Act provides for the accreditation of neighbourhood watches. Accreditation is voluntary but the Department provides assistance in priority areas which include once-off funding of R10 000, starter kits, training and uniforms. Funds cannot be provided if an organisation is not accredited. Training is provided to CPFs, including mediation, conflict and financial management training. The underspending was due to limited CPF uptake and the anticipated neighbourhood watch applications which did not happen. The starter kits and uniforms that were budgeted for were not used hence it was not prudent to buy additional stock.

A representative of the Office of the Police Ombudsman said the budget cut impacted the ability to fill vacancies. One critical post and two graduate interns were appointed to assist with the workload.

Mr Christians sought confirmation of the total cost impact of implementing the wage agreement. He enquired about the rationale for voluntary accreditation and asked why citizens would forego the R10 000 funding to start a neighbourhood watch.

The MEC, Mr Allen, said the Department advocated for neighbourhood watches to be accredited before resources are allocated. Citizens who volunteer their time to serve the community are encouraged and not forced to become part of a neighbourhood watch. On a recent visit to Atlantis, the councillor made an amount available to support neighbourhood watches and the Department provided additional resources. The same was happening in Khayelitsha where councillors were making funds available via municipal projects. It was important to ensure that neighbourhood watches are not double dipping when the fiscal environment is constrained and that every programme must have a safety component.

The HOD, adv Pillay, replied to Mr Christians that the impact of the wage agreement on the Department was R10.24 million.

MEC Allen assured the Committee that the Department was adamant about protecting frontline services and the execution of its core mandate. The Department would be working hard to ensure the continuation of the LEAP programme. He urged the Committee to submit further requests for information and clarity in writing. He encouraged the Committee to support Vote 4. The Department would highly appreciate the adoption of the vote.

Adv Pillay said it was difficult to make the trade-offs because the Department had limited discretionary powers. She was hopeful for a change in the fiscal environment to provide greater safety and security for the residents of the Western Cape in future.

Resolutions and actions

Ms Bans asked that the Department provide a breakdown of the neighbourhood watch details in terms of how many exist in the province and how many have been accredited.

The Chairperson presented the Draft Report for a vote. Members voted to support the Bill. The ANC opted not to support the Bill in terms of Rule 90.

The Committee adopted the following reports:

Annual Report on the Western Cape Police Oversight and Community Safety, Western Cape Police Ombudsman, and the Western Cape Liquor Authority.

Minutes of the Annual Report the Western Cape Police Oversight and Community Safety, Western Cape Police Ombudsman, and the Western Cape Liquor Authority.

Report on the 22 August 2023 oversight visit to the LEAP Base in Bishop Lavis.

The Chairperson thanked the Committee Coordinator for his hard work over the past year. He expressed gratitude on behalf of the Committee for the administrative work by the Committee Coordinator. He thanked Members for their hard work during the past year. The draft agenda for next year will be circulated. This was the last meeting for the year.

The meeting was adjourned.  

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