Report Back on Police Services in Provinces, Consideration of KZN Visit and Committee’s Annual Report

Meeting report

SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFIARS
18 January 2006
REPORT BACK ON POLICE SERVICES IN PROVINCES, CONSIDERATION OF KZN VISIT AND COMMITTEE’S ANNUAL REPORT

Chairperson: Mr K Mokoena (ANC Limpopo)

Documents handed out:
Committee Annual Report: January to November 2005

SUMMARY
Members provided input on the status of the police services and justice systems in their respective provinces. Problems relating to racism, a lack of resources and a backlog in cases were highlighted. Much still needed to be done to ensure that transformation took place. Many Members felt that greater cooperation between the portfolio committees, the different departments and the select committee was needed. Changes to the Committee’s Annual Report for 2005 were discussed. The Committee’s upcoming oversight visit to KwaZulu-Natal was also discussed.

MINUTES
The Chairperson welcomed Members back from their holiday. He was hopeful that the Committee would improve on the excellent work it had done in 2005.

Report Back on Provincial Issues
Eastern Cape Province
Mr A Manyosi (ANC, Eastern Cape) requested that the Committee look into providing police reservists with a subsistence allowance. Despite the fact that their service was done on a voluntary basis they still needed money to commute, etc. This issue needed to be addressed especially in cases where reservists ‘qualified for employment’.

Mr Manyosi was also concerned that not enough was being done to ensure that people had access to quality legal representation. Lawyers appointed were not selected by the party they were supposed to represent. The lawyers appointed by the state were often faced with enormous case loads, time constraints, etc which affected the quality of the service they rendered their clients.

Gauteng Province
Mr S Shiceka (ANC, Gauteng) suggested that a criminal justice cluster be established in the provinces. The Committee should also come up with a programme for visiting the different institutions. Visits by the Committee were important especially since officials were often not familiar with the ‘leadership’. He also stressed the importance of cooperation between the National Assembly (portfolio committees) and the National Council of Provinces (select committees). The National Assembly had to observe the correct protocol and consult with the NCOP regarding its visits.

The Department of Justice in the province experienced many challenges regarding utilities, for example, very little office space. The buildings were also not accessible to people with disabilities. The training of officials within the Department was ‘arbitrary’ and not ‘transparent’. The budget had also not been discussed thoroughly which indicated that the management was not efficient.

He commented on the attempted escape at Zonderwater Prison and the relationship between an inmate and official at the Johannesburg Correctional facility saying that officials were still ‘arrogant’ and ‘a law unto themselves’. They failed to conduct themselves according to the Bathupele principles.

He echoed Mr Manyosi’s sentiments that reservists should receive some form of allowance. He added that community policing forums (CPFs) should be assisted since they played a valuable role.

Mr M Mzizi (IFP) raised issues regarding the protection of police informers. He commented that during Apartheid it was common for police informers to enjoy police protection. This appeared to still occur in some instances. He informed the Committee of a case in which a car had been stolen but no arrest could be made since the police were concerned about the safety of the informer. How far should informers be protected by the law? Why could they not be apprehended as accomplices to the crime?

He was also concerned about the distance between regional and magistrate courts. Cases were often delayed for long periods because witnesses could not always travel to regional courts.

Another matter of concern was the fact that a black magistrate had been ‘manhandled’ by the white community in George. They had tried to force her out of the town. When the Committee had visited George, an arrangement had been made for the magistrate to be in court but she was thus unable to meet with them. She had subsequently written a comprehensive report detailing the hardships she had suffered, and has since been transferred to another small town, Sasolburg, where her struggles with the white residents in that town continue. This case was an example of the racism still experienced by black officials. This was a clear indication that there was no transformation within the Department of Justice. Mr Mzizi submitted the report to the Committee for their consideration in the hope that something could be done to assist her. He added that when white farmers were being killed much was done to determine why this was happening and to come up with solutions. Citing a case in which a black boy was killed by a white farmer recently, he said that many black people were dying at the hands of white farmers, yet little was being done.

KwaZulu-Natal Province
Mr Z Ntuli (ANC, KwaZulu-Natal) said that Umlazi (a township on the outskirts of Durban) was serviced by only two police stations despite the fact that it had a population of about 1,2 million and consisted of 13 wards. He, along with various officials from the Department had conducted a visit to the stations in question. They found that since 2003, officers that had left the police service had not been replaced. The explanation offered was that the President had said that police officers would be hired in 2007.

The visit also revealed that the officers at other stations in the province received awards, while those at Umlazi did not. He commented that racism appeared to be rife; while other stations were relatively representative, Umlazi was serviced by black police officers only. The stations were supposed to have access to 66 vehicles but only had 52. Vehicles would often go for repairs and not be repaired or returned.
The satellite police stations were weak, especially in Umlazi. Some had no telephone service. One was closed because the Commissioner felt that it could not function properly due to lack of resources.

There was only one court in Umlazi. It was staffed by 22 officials instead of the 42 that it was meant to have.

The correctional facility at Westville was severely overcrowded. The regional commissioner was of the opinion that rehabilitation was not possible due to the large number of inmates in the prison.

Limpopo Province
The Chairperson commented that the offices of the Department of Justice in the province still suffered a backlog of cases. Many cases were summarily postponed; little was being done to expedite cases. He commented that many prosecutors were inexperienced; the Department should make an effort to ensure adequate training.

He commended the police in his constituency since they had been very visible during the festive season. He was concerned however that investigators were not doing enough to solve crimes.

In Limpopo too, racism appeared to be rife. Some white officers refused to salute their black superiors. He said that the Department was faced with a huge task as far as transformation was concerned. He noted that while some officials were changing their attitude many were not ‘trainable’.

He raised concerns regarding the increase of family murders and suicide among police officers in Limpopo and across the country. The cause needed to be determined. The policeman’s task was stressful and demanding. He questioned what counselling was available to police officers.

The increased number of escapes from correctional facilities was a further cause for concern. It appeared as though many of these escapes were planned with the assistance of correctional officers. In Limpopo as in many other provinces, overcrowding remained a challenge. Departments needed to be coordinated in order to find a solution to the problem.

Racism was widespread in the Defence Force units in Limpopo as well. It was important for the Committee to undertake their planned visit to army bases. There were many more issues arising from the province, but the ones mentioned needed urgent attention.

Northern Cape Province
Mr L Fielding (DA, Northern Cape) reported that while the SAPS in Namaqwaland had many vehicles, the vehicles were not suited to the terrain. In addition, the police were not ‘user-friendly’. Police cells designed for, at most 4 prisoners, often had to accommodate up to 44 persons at week ends. Some officers did not have firearms. On a recent visit to the Springbok Regional Court, he had been appalled to learn that sanitation was virtually non existent. Another area of concern related to the fact that criminals also served on the CPF in the area. The Deputy Chairperson of he CPF in Steinkopf was involved in drug smuggling.

North West Province
Mr A Moseki (ANC, North West) said that in his constituency there were two police stations and five satellite police stations. He had met with the area commissioner in Zeerust to discuss the challenges the SAPS were faced with in this area. He found that sector policing was non existent due to a lack of personnel, even at investigative level. The lack of human resources contributed to the weaknesses as far as the gathering of crime intelligence was concerned. He added that the complaints far exceeded the positive aspects.

Mr Motseki pointed out that the Motswedi police station was particularly problematic, as the police officers still appeared to be functioning according to the principles of the old dispensation. While Bathupele principles were displayed on walls, they were not practiced. Most complaints were received from the Groot Marico: farm workers said that farmers committed many crimes against them, yet the police did nothing when the cases were reported.

On the level of justice, there was also no transformation. One found that the magistrates, prosecutors and police officers were farmers who were still governed by the old mentality. Many magistrates came from the old dispensation and their attitudes have not changed. He reminded the Committee that it had meant to visit these areas; the visits should be undertaken as planned.

The Chairperson commented that much of what was being reported was demoralising.

Western Cape
Mr N Mack (ANC, Western Cape) reminded Members that his constituency comprised a vast rural area. The main activity here was sheep farming. In the small towns of the central Karoo, like many other small towns in the country, the ‘Boere Kerk and Police Station’ were the most prominent institutions. Racism in these communities was very deeply entrenched. In Prins Albert the magistrate, a white farmer, was the ‘boss of the town’ and enjoyed the support of the police who were his friends and fellow farmers. He complained that at weekends vehicles were often not available since they were being used by police officers on their farms. The theft of a sheep elicited greater concern from the white police force than the gang violence in the townships in the area.

Due to the vastness of the area transport to the nearest court was often necessary. The police would often take care to transport witnesses to court but would then lave then there to make their own way home.

Mr Mack pointed out that most people in the central Karoo and the Northern Cape were reliant on the social security grant (All pay). On the days that people received this grant, most activity took place, yet there was often very few police present. He pointed out that while the white communities in these towns were smaller than the black and coloured communities the police stations in the towns were protecting the white people, while townships were often only serviced by a mobile station (caravan). White police officers were not eager to go into townships.

He Mr Mack pointed out that Beaufort West had a large drug problem. There was also a lot of speeding though the town, and many vehicles which were not roadworthy were fined by traffic officers. He pointed out that the speeding drivers and the drugs were making their way to Beaufort West from other provinces. What were these provinces doing to address those issues?

In conclusion, he commended MEC Leonard Mandlakozi for his excellent work regarding the Bambanani and Arrive Alive campaigns.

The Chairperson thanked Members for their input. A report would be compiled and submitted to all the relevant Departments.

Discussion
Mr Ntuli suggested that specific cases be addressed and followed up to ensure that Departments took the necessary steps to make the necessary changes and improvements.

Mr Motseki agreed that the committee needed to embark on a ‘focussed programme of action’ that would incorporate most of the issues Members had raised.

Mr Mack noted that a lot of animosity was directed towards Members who visited police stations, courts, etc. This negative attitude came from white as well as black officials. Members were treated as intruders, intent on finding fault and creating problems.

Mr Shiceka implored Members to ensure that any approach was sustainable. Officials should engage with the Committee and results should be visible.

Mr Fielding pointed out that there appeared to be a gap between the police stations and municipalities. This rift needed to be bridged in order for the two institutions to assist each other and work together. He suggested that the portfolio Committees and the Select Committee should undertake three-monthly visits to the provinces.

Mr Manyosi agreed that specific recommendations with clear time frames should be made and presented to the relevant departments. He said that there was no justification for the backlog experienced by the court since there was a growing population of unemployed law graduates.

Mr Mzizi concurred with Mr Shiceka that that provinces should be made more familiar with the Select Committee. Many did not understand the difference between the Portfolio and the Select Committees. He urged to Committee to work together to transform the country.

The Chairperson said that he was impressed with Members’ input. 2006 would be a year of action. As suggested, Departments would be invited to submit reports to the Committee. The Committee agreed that it would expect the reports by the middle of March so as not to interfere too much with the local elections.

Adoption of the Annual Report
The Committee considered the Committee’s annual report for adoption. Mr Moseki felt that the annual report should reflect the names of the Members of the select committee. He also suggested that it should incorporate the vision and mission of Parliament. The Committee’s vision and mission should be consistent with that of Parliament He also felt that the annual report should reflect the Committee’s loyalty to the South African Constitution.

Mr Shiceka agreed that the Members’ names should be included and suggested that the report should, in addition to the Committee’s achievements, also reflect the outstanding issues that would still need to be addressed. He pointed out that the Committee’s expenditure was far greater than the report stated. The figures should be balanced.

Mr Manyosi said that, as a matter of procedure, the vision of an organisation was normally followed by its mission. He also suggested that the Committee’s vision and mission be re-examined.

The Chairperson noted the suggested amendments. He pointed out that loyalty to the South African Constitution was ‘a given’ and did not need to be stated in the report. He agreed that the Committee had spent more than the report indicated.

In addition to the above mentioned suggested amendments some grammatical changes would also be made.

Visit to KwaZulu-Natal
The Chairperson reminded the Committee that it had agreed that the first visit to be undertaken would be to KwaZulu-Natal. Committee work and oversight duties would stretch from the 6^th to the 10^th of February. This would coincide with the State of the Province addresses of many provinces.

Mr Shiceka said that the visit should continue as planned. The Committee should use every opportunity it had to meet with the people. He requested the secretary to the Chairperson to ensure that the media would be aware of the planned visit to ensure adequate coverage. He pointed out that the province was vast and that a helicopter should be organised to shorten the time spent travelling and increase the time spent on the ground.

Mr Ntuli was concerned that the visit would disturb preparations for the upcoming local elections. Mr Moseki recalled that the Committee had decided to visit KZN because the province experienced problems relating to its safety and security structures. The visit was aimed at establishing whether transformation of these structures had been done. This was to be done before the elections. If these objectives were still in place then the visit should continue as planned.

The Chairperson agreed that media coverage of the visit and the availability of a helicopter would be very important. He said if a helicopter would not be available the programme for the visit would have to be redrafted to make sure that as little time as possible would be spent travelling. Mr Moseki suggested that the committee could also be spilt into groups so that it would cover more ground.

The meeting was adjourned.