Nuclear Energy Bill [B10-99]; National Nuclear Regulator Bill [B 11-99]: hearings

Meeting report

SAFETY & SECURITY PORTFOLIO COMMITTEE; SECURITY & JUSTICE SELECT COMMITTEE
5 August 1998
DRAFT SAFETY AND SECURITY WHITE PAPER: HEARINGS

Submissions made by:
Banking Council (Appendix 1)
Independent Complaints Directorate (ICD) [Appendix 2]
Security Association of South Africa (Appendix 3)
Transnet (Appendix 4)
South African Human Rights Commission (Appendix 5)

Independent Complaints Directorate (ICD)
The Independent Complaints Directorate (ICD) claims that the minister is not vigorously supportive. In order to function it is necessary for them to seek help freely. To function through the secretariat is not favourabIe. A separate Act should be drafted for delineating lines of communication.

ICD can act more proactively but they do not always have the power to do so. Page 23 of the White Paper explains what is expected of the ICD and its functions The proposals in paragraph 3 contain the reasons for ICD being independent from the ministry.

The chairperson said that he needed clarity on the location of ICD outside the ministry. It was proposed that the ICD should hand in proposals which would explain the matter of independence.

South African Security Association (SASA)
SASA can play a significant role in reducing crime in South Africa. Certain tools are needed to combat crime and this industry is willing to assist in the combat thereof. Mr S Dube of SASA said that SASA is the third biggest industry with the most arms in South Africa apart from the police and the military. He said that more cognizance should be given to this sector of protection. He also proposed that the existing structure should be altered.

Their submission proposes that a section on private security should be added to the White Paper.

Banking Council
The primary responsibility for the maintenance of law and order lies with the police.
However one cannot expect that the police do this task alone. Assistance by such organisations as the Banking Council should be provided. The banking council had five specific points:
- need for accurate crime statistics
The Banking Council requested a reliable database of crime statistics, especially white collar crime which is often forgotten as it is not as visible as other crime.
- welcomed the specialised investigating units and requested a special unit for money laundering and fraud
The Banking Council made it clear that they are willing to assist in bank-related investigations.
- need for an integrated justice system
- more attention needed in improving the image of the police
I
The Chairperson asked how would the Banking Council be able to help the police?
Response: The Banking Council could investigate most cases up to the point where they cannot go any further and then hand it over to the police. The Banking Council shall assist the police by helping them to deal with matters more quickly and effectively, for example, the provision of fundamental data.

This is an incomplete record of the minutes.

Appendix 1: Banking Council

THE BANKING COUNCIL

SUBMISSION TO THE PORTFOLIO COMMITTEE ON SAFETY & SECURITY

5 AUGUST 1998

COMMENT ON THE DRAFT WHITE PAPER

The Banking Council of South Africa wishes to express its appreciation to the Portfolio Committee on Safety and Security for the opportunity afforded us to make a presentation on this important process. We commend the department of Safety and Security on the comprehensive policy statements contained in the draft White Paper, and we stand ready to make a constructive contribution towards the development of a practical and realistic White Paper on Safety and Security.

STATEMENT OF PRINCIPLE:

We believe that the primary responsibility for the maintenance of law and order and the creation of a safe and secure environment for the citizenry lies with the government and the South African Police Services. The Banking Council, however, accepts that while the police and government have to play a leading role, they cannot control or prevent crime acting alone. We therefore commit ourselves to fully co-operate with them to control and prevent crime, not only as it affects banks, but as it affects society. We aim to strengthen existing relations and partnerships in this regard and create new ones in a common quest for safety and security in our country.

GENERAL COMMENTS ON THE WHITE PAPER

A government policy commitment on Safety and Security is not only desirable, but also long overdue. This draft has managed to capture most of the critical issues facing this country in the fight against crime. It certainly gives clear and unambiguous policy directives and identifies priorities and challenges for the next five years. We believe that it lays a sound foundation for the development of a well co-ordinated effort against crime in this country. We urge the committee and the department to build on this first instalment by consulting widely, solicit the views of all those who have a role to play and an input to make, in order to get the necessary buy in, which is so vital for any anti- crime initiative.

SPECIFIC COMMENTS

1. Crime Statistics

The need for a reliable, accurate and easily accessible database cannot be overemphasised. The Banking industry and the SAPS regularly differ on the accuracy and reliability of each other's statistics on bank robberies; cash in transit and various other bank related crimes. We concede that different definitions and other factors may have an influence on these differences. The White Paper needs to address this by ensuring that the quality and reliability of the statistics is improved through encouraging co-operation, vigorous check and scrutiny, management oversight and quality control.

2. Organised Crime

South Africa's recent entry into the "global village" has made us vulnerable to the world-wide phenomenon of money laundering and the unwanted attention of crime syndicates. These international commercial crime syndicates have targeted our relatively sophisticated banking industry, and we require well trained, motivated investigators in dedicated units to counter the problem of fraud and money laundering. This would enhance co-operation and information sharing and the better use of available resources. We therefore welcome the proposal of setting up specialised investigation units, and we believe that a strong case can be made for units to look at money laundering and fraud. We further welcome the commitment to the training and improvement of skills for investigators, as effective law enforcement could only be achieved by employing the best, well-trained and dedicated investigators.

3. Crime Prevention

The ongoing efforts by the banking sector to counteract the increase in bank and cash in transit robberies have continued at great cost to the banks, while bank related robberies increase from 408 incidents in 1996 to 465 in 1997. The physical and emotional injury suffered by staff and clients is of even greater concern to us than the loss of money and the cost of security. The banking industry together with the police have to take steps to counter this, in order to improve public confidence in entering banking malls, enhance the normal conduct of commercial business and to facilitate the unhindered movement of cash within the country.

We therefore support the creation of the Crime Prevention Unit, and we hope we can work with it to develop short to medium term strategies and action plans to reverse the increase in bank related crime.

4. Integrated Justice System

An integrated and well co ordinated justice system could assist in alleviating some of the problems facing the police and government in combating crime. Such an integrated system would offer the country effective crime prevention, but where crime has been committed, there would be a proper investigation, which would enable the prosecutors to make an effective prosecution, when a case is proved the guilty party would receive and appropriate sentence and after that there would be effective incarceration. We therefore welcome the government's commitment to go in this direction.

5. Image of the Police

The draft has made a serious omission by not addressing the crucial element of the image of the police in the eyes of the public. In the light of serious allegations of corruption, negligence, brutality, incompetence, racism and poor training, the White Paper needs to address the ethical dimensions of policing. It needs to address the need for genuine efforts of bridging the gap between the police and the communities they serve. Coupled to this should be affirming statements about those dedicated, committed and disciplined members of the service whose efforts and sacrifices continue to bring pride to the work of the police. In addressing this area the White paper needs to give guidance as to how allegations will be dealt with, it needs to give an unambiguous statement about how to deal with guilty police, but also how to deal with those who kill policemen and women or who falsely accuse them.

6. Budget and Resources

The White Paper does not adequately address the important question of resources and the budget. Given the fact that policy commitments have to matched by budgetary possibilities, the White Paper has to address the following key issues:

• How the South Africa's inadequate policing will be reversed

• How police resources will be equitably distributed

• The priorities of the SAPS

• The capacity of the present budget to meet the new demands on the police.

• The creation of an enabling framework for private sector donations to the police

7. Detective Management

The draft White Paper has not adequately dealt with the issue of Detective management, apart from recognising that it must be enhanced. We believe that the success of effective investigation lies in management. Criminals do not acknowledge the existence of borders though detectives are confined to a territorial area. Budgets are allocated to Provinces whilst investigations cross not only provincial borders but in some instance even international borders. While Provincial Commissioners still decide, who should pay for the cross border investigation the criminal has been involved in a couple more crimes in even more provinces. We would propose that the White Paper deals with this issue, and we recommend the creation of a national Detective Service with its own budget is needed to address this problem.

8. The Political-Administrative Interface

Over the last four years, a number of government investigations have revealed that the relationship between office bearers and officials, in different spheres of government, has been characterised by confusion, tension and sometimes, outright conflict. The Ministry and Department of Safety and Security have not escaped these problems, both at national and provincial levels.

The White Paper needs to confront this issue head on buy creating a framework within which both elected officials and appointed officials will be able to make positive contributions in the fight against crime. Failure to this will see more problems between a Minister and a National Police Commissioner and problems between MEC's and Provincial Commissioners.

The White Paper needs to unequivocally state that the proper governance of any police service in a democratic country requires the contributions of both elected and appointed officials. These officials have distinct, yet complementary roles. The White Paper needs to define these roles much more clearly and to emphasise their complementary nature.

9. The Role of Provincial Governments

The draft White Paper has failed to deal with a major policy question that is presently creating problems of policing at a provincial level. A number of Premiers and Safety and security MEC's have raised their concern at being sidelined because there is a constitutionally created national police service in this country. There have been many complaints that the present arrangement distances MEC's from political accountability for crime control while at the same time weakening their responsibility for crime prevention. We do not want to pronounce ourselves on the merits or demerits of this argument, suffice to say that this is a matter that should be dealt with and disposed of in the White Paper, in order to improve national- provincial interaction in the fight against crime.

There are a number of other issues on which the White Paper needs to give guidance; we will just list a few:

(a) Municipal Police services

Issues: Functions and powers, the regulation of such services, oversight and accountability, remuneration and training.

(b) Community Police Forums

Issues: Role of the police in CPF's, local needs versus police plans and objectives, the limits of community influence, adding value to police work.

(c) Private security firms

Issues: Do they have a role, should they be brought closer to the police, what are the advantages and disadvantages.

(d) Role of the army in the fight against crime

Issues: Is there a role for the army, what are the dangers, what are the benefits, what are the parameters, how should this be regulated.

(e) Morale in the SAPS

Issues for consideration:

• How to deal with cases with no hope of being successfully investigated, e.g., vandalising of ATM machines

• How to prioritise reported cases and investigations

• Decriminalising certain minor offences, e.g., RD cheques

• How to deal with non performance

CONCLUSION

We will continue to play a role in the development of a new police service dispensation that will enable the Minister of Safety and Security, the SAPS and the Portfolio Committee to:

(a) Formulate policies which are well-founded on relevant data, coherent and well co-ordinated, fully and prudently costed to ensure value for money, and prioritised within available resources;

(b) Facilitate the efficient and effective implementation of such policies, and to ensuring that such policies are regularly monitored and reviewed.

This is the only way in which we can win the fight against crime.

Lincoln Mali & Mossie Myburg

The Banking Council

(011) 838-4978 tel

(011) 836-5509 fax

083-251-4044

E-Mail [email protected]

 

Appendix 2: Independent Complaints Directorate

INDEPENDENT COMPLAINTS DIRECTORATE

31 JULY 1998

SUBMISSION ON WHITE PAPER ON SAFETY AND SECURITY

1. The telephonic conversation yesterday between our Chief Director : Monitoring and Development, Mr Mike Kekana and Mr R S Molekane, Chairperson of Safety and Security Portfolio Committee, during which the ICD was given the green light still to make submissions on the White Paper, refers.

2. The main conclusion which the ICD came to after making a careful study of the White Paper, is that, in so far as it refers to the object (or mandate) and functions of the ICD, it adopts a basically neutral approach. Except for referring "formally" to the ICD on pages 3 and 7, the only "material" reference to the ICD is contained on page 23 where, apart from setting out the ICD's investigative powers and duties, the following is said:

"The ICD functions independently of the Department of Safety and Security and reports directly to the Minister of Safety and Security ……………. The Executive Director of the ICD is the accounting officer for the budget of the ICD which is received directly from Parliament."

3. Although the quoted words may be true, particularly so because it duly stresses the independence of the ICD of the Department of Safety and Security, it is nevertheless our submission that it failed to address the vexed question regarding the appropriateness of the existing location of the ICD within the Ministry of Safety and Security at all. Once it is accepted (as appears to be the case) that the ICD functions independently of the Department of Safety and Security, it is further submitted that it goes without saying that it is actually a contradiction in terms to position or locate the ICD within, and, even further, to require it to report to, the Ministry of Safety and Security - a Ministry of which it is, hypothetically, supposed to be completely independent of. In the same breath it may also be added that to give true effect to the concept of an independent ICD would, logically speaking, also entail the drafting, accepting and promulgation of a separate own Act of Parliament for the ICD, setting out its establishment, location in the public sector, structure, functions and powers.

4. A further (to our mind material) aspect regarding the theme of Crime Prevention, which is similarly not addressed in the White Paper, is the problem of preventing crime committed within the ranks of the SAPS. Any attempt to prevent crime must, if addressed properly, be an attempt to prevent crime committed by any perpetrator, be it civilians or SAPS members. It would surely be a euphemism to say firstly, that the commission of crime (including both common law crimes such as assault, theft, rape, etc as well as statutory crimes, particularly corruption) within its ranks, is not an uncommon phenomenon of the SAPS and, secondly, that the ICD can play (perhaps more than a major) role in, if not preventing, at least minimising the commission of crimes by SAPS members. This task is, after all, contained in the ICD's Constitutional and statutory mandate. In view of this, it is our submission that the White Paper ought to have addressed not only these issues but also to have pointed out and stressed the important role the ICD could play in preventing crime. In our view consideration of the issues referred to in this paragraph must necessarily include the considering and addressing of the issues raised in paragraph 3 above.

5. It is therefore suggested that the issues raised above be considered and included in the development of the Final White Paper for Safety and Security for approval by the Cabinet.

pp ADV NJ MELVILLE

Executive Director

Independent Complaints Directorate

Appendix 3: Security Association of South Africa

SECURITY ASSOCIATION OF SOUTH AFRICA (SASA)

28 JULY1998

SPECIFIC PROPOSALS ON DRAFT WHITE PAPER - SAFETY AND SECURITY

1. Introduction

The purpose of the specific proposals contained herein is to give the members of the Joint-Committee an indication of the specific amendments to the Draft White Paper requested by SASA in order to give effect to the proposals contained in our submission of 15 July 1998. This submission will not repeat what has already been stated in the previous submission - it merely aims to provide the reader with concrete proposals with regard to the comments/proposals contained in our previous submission.

2. Specific proposals

2.1 That the important potential role which the private commercial security industry could play in achieving the policy priorities set out in the Draft White Paper, namely law enforcement [pp 11 - 15] and crime prevention [pp 16 - 18], be explicitly acknowledged.

2.2 We realise that the Draft White Paper is not the appropriate vehicle to develop the role as set out in par 2.1. We are in agreement with the drafters of the Draft White Paper that the appropriate vehicle for such a policy initiative would be the Bill mentioned in section 3A of the Security Officers Act which states that -

"The Minister shall within a period of 18 months after the date of commencement of the Security Officers Amendment Act, 1997, draft a new Bill on the occupation of Security Officer and related matters with the purpose of submitting it to Parliament."

We do however believe that this fact should be clearly stated in the Draft White Paper.

2.3 In conclusion we would further request explicit acknowledgement of the need for an all-inclusive process of consultation and contribution (preferably in the form of a Green Paper - White Paper process) leading up to the above-mentioned Bill.

We therefore respectfully submit the following amendment to the Draft White Paper for the consideration of the Joint-Committee:

The addition of the following paragraph to "The Changing Policy Environment" [pp 7-8 of the Draft White Paper] -

"The potential role of the private commercial security industry in solving the problems of capacity and achieving the policy priorities set out below can not be underestimated. It is envisaged that this role will be developed through legislation provided for in the Security Officers Act. Given the nature and scope of the private commercial security industry, this legislation should be preceded by an all-inclusive process of consultation and contribution by all stakeholders."

3. Conclusion

We would like to express our sincere appreciation for the opportunity granted to us to submit these proposals. We deem ourselves privileged to be part of such an inclusive and transparent policy process.

Appendix 4: Transnet

TRANSNET

COMMENTS AND PROPOSALS ON THE DRAFT WHITE PAPER FOR SAFETY AND SECURITY

1. INTRODUCTION

Transnet would like to express its sincere appreciation for the concerted effort by Government to enhance personal safety and security of all the citizens of our country and business in general by means of the draft White Paper on Safety and Security. We would like to register our support for the objectives, strategies and policy contained in the document.

These views are expressed against the background of the situation that prevailed over the past number of years, during which criminals, exploiting the shortcomings in the policing and security system targeted us. The consequential financial losses (running into hundreds of millions) and the unfortunate injury to individual victims of crime and loss of human lives can no longer be tolerated.

The total impact and consequences of the crime wave in South Africa on Transnet and the South African Rail Commuter Corporation, in terms of business growth, profit and client confidence, will never be known.

One can however not comprehend the position of Transnet (in particular Metrorail) re the Draft White Paper, without observing some of the background and history on crime and violence within its operating environment.

2. BACKGROUND AND BRIEF HISTORY

The South African Rail Commuter Corporation (SARCC) was established on 1 April 1990, to assume responsibility for the rail commuter services throughout the country as a logical consequence of the Government's objective and policy to deregulate and commercialise Transnet.

In October 1986, the South African Railway Police services were disbanded and amalgamated into the South African Police. Overlapping with the high levels of political violence then prevalent, this move triggered a rapid escalation in violence and crime related incidents such as theft, vandalism, fare evasion (causing direct losses of millions annually), robberies, attacks on commuters and unsafe conditions. The SARCC on its own invested more than R200 million capital in the upgrading of commuter rail stations to improve the safety of passengers.

In addition to this, > R 100 million is spend annually on contracted security companies, now performing some of the duties previously executed by fully trained policeman.

It took three years to turn the negative tide of violence and crime around within Transnet Business units. The SAPS and Transnet established joint central control centers, deployed trained mobile police teams to maintain Law and Order and several police facilities on stations were upgraded throughout the country to meet the needs of the SAPS.

Unfortunately, owing to the restructuring of the SAPS, all these facilities are now abandoned and the trained teams deployed to other priority assignments. Joint operational centres in some of the Regions are not functioning at all. Should this situation not be addressed, crime could seriously erode the ability of Transnet to deliver safe, reliable and affordable transport. The absence of an effective and efficient policing strategy further defies the objectives promoting an efficient, safe, secure and reliable public transport system (as stated in the white paper on public transport).

It is our considered opinion that the safety and security environment could be further enhanced should the following proposals be seriously considered for inclusion into the Draft White Paper

3. SECTION 1: CONFRONTING CRIME IN A DEMOCRATIC SOUTH AFRICA

Between Transnet, Telkom and Eskom, the three parastatals are loosing approximately R250m per annum in direct replacement cost (Excluding consequential damage or losses that could be up to five times higher and eroding of customer confidence). This type of crime has a direct and serious impact on the economy of the country and quality of services rendered. In order to address the problem, the parastatals have already formed some strategic alliances to reduce cost, and optimise resources. A strategic partnership of this nature does not receive enough attention and recognition in the Draft White Paper.

In our opinion the Draft White Paper should introduce innovative mechanisms to address changes required in legislation in support of efforts to combat crimes. The process is very slow. Unique problems experienced include exploitation of children as young as 12 years of age, paid to take part in criminal activities such as cable theft.

4. SECTION 2: LAW ENFORCEMENT IN A DEMOCRACY

Owing to unique demands of the transport environment, Transnet is facing increasing problems dealing with and investigating syndicated crime (e.g. theft of non-ferrous metals, gangs operating on trains robbing and assaulting commuters and fare fraud).

Train signals are often damaged (tampered with) to force trains transporting valuable freight to stop and be robbed. This crime not only results in financial losses but also causes delay of commuter and other freight trains. The increased risk of disastrous collisions can also not be overlooked.

The situation is aggravated by the fact that the majority of crime takes place in transit. Numerous problems are being experienced as cases are passed on from the one police area to the other. In one situation Transnet caters for the protection of valuable freight from the ports to Gauteng and Metrorail transports commuters across the boundaries between two Provinces. There are no effective co-ordinating mechanisms in place to control crime in transit. The withdrawal of the SAPS from the system seriously hampers law enforcement (Act 9 of 1989, Legal Succession Act). The net results are:

• Some perpetrators are being arrested by private contracted security officials in terms of Act 9 (e.g. illegally crossing railway lines), only to be released with a warning. On average 35 persons are knocked down by trains and killed per month as a result of this. Arrests resulting in warnings and small fines have no deterrent value.

• The criminal justice system is overloaded with so-called "petty crimes" e.g. crossing the tracks and fare evasion (some 4000 per month). Paying a "book fee" of R 10 for travelling for free within the rail commuter system serves does not justify the cost, time and energy to try and control this type of offence. We believe that other forms of punishment must be explored

Transnet recommends that serious consideration be given to legally empower in-house, specially trained protection services units and competently trained contracted guards to execute the duties required to prevent crime, investigate and react to crime in the short term. (Issuing of spot fines and investigation of crimes e.g. lifting of fingerprints). Transnet deploys > 2500 officials on a daily basis to fight crime. Internal investigators are trained and qualified by Technicon SA and Technicon Pretoria to the same standard as the SAPS. Several Government agencies and corporations are developing Geographic Information Systems for internal use costing millions. The integration of intelligence and establishment of joint or shared databases does however not exist. This cause delays in rapid response and follow up. The ideal solution in our opinion would be to introduce a Transit police system catering for all modes of transport.

Transnet is also seriously concerned about health and support of victims of violent crimes. As much as we support the effort by the Draft White Paper to provide support for SAPS members subjected to this type of stress, we feel that the Draft White Paper does not cover the exposure of the private security companies and corporate protection services members to the same extent. This mater needs equal treatment.

5. CLOSING REMARKS

Attached please find the results of one of the studies undertaken to investigate safety and security strategies to combat crime within the rail commuter environment for perusal. The process and time constraints unfortunately did not allow for these inputs to be included into the Regional submissions and discussions. Transnet also relied on the internet date of 14 August 1998 to finalise its submission to Parliament.

We therefore kindly request to be afforded the opportunity to review our submission and to submit our final proposal by 14 August 1998. Transnet would also welcome the opportunity to attend the final debate on the 18 August 1998 and to respond to questions or clarify any elements of our proposal.

Appendix 5: South African Human Rights Commission

South African Human Rights Commission

1. INTRODUCTION

The process of developing the Green Paper on Safety and Security, followed by this White Paper shows the commitment within the Department to the development of sound and appropriate policy programmes to address the issue of effective policing in South Africa.

The South African Human Rights Commission ("the Commission") believes that the broad principles set out in the White Paper are well founded, and show a good understanding of the current situation in the country with regard to safety and security. An important focus in the transformation of the police services, has been the shift from the ideology of policing in an apartheid environment, with the concomitant elements of social control and skewed resource allocation, to equitable and effective policing. The focus should now be on the delivery of services, and this is the overall objective of the paper.

The issue of policing and crime is located within a context of a strong moral panic around crime control. Whatever the official statistics are, there are perceptions that crime is out of control, and that the system is unable to cope with the situation. Any policy which is developed must address the issue of eroded public confidence in the ability to investigate, apprehend and prosecute offenders.

• The Commission welcomes the inclusive and consultative process around the formation of policy in the Department.

• Any policy initiative must address the low level of confidence in the criminal justice system

2. AD SECTION 1

CONFRONTING CRIME IN A DEMOCRACTIC SOUTH AFRICA

2.1 Policing in a human rights context

The White Paper notes that the Bill of Rights makes policing more "complex". This is certainly the case for a police service which must change focus and modus operandi from operating in an oppressive social context, to operating under a constitutional democracy. However, once the ideology has changed, the underlying rationale is altered, and policing takes on a different role and focus.

There is a notion in the public view that effective policing and crime control have been ambushed by a culture of rights which impedes the work of the police. This is a dangerous notion, and must be effectively and accurately addressed so as to counter these arguments. To state that human rights makes policing more complex may inadvertently and indirectly support the commonly held perception that human rights prevent effective policing.

The Bill of Rights provides for procedural safeguards in the process of investigation, arrest, prosecution and detention, which are commonly practised around the world, and which are largely based on the principle of presumption of innocence which underpins our criminal legal system. To operate a system of policing which respects and preserves those rights means that the job is performed, and performed properly and efficiently.

It may be more complex to investigate a case against a suspect before arresting, and to collect suitable evidence to assist in the case against him or her, but it is only more complex as it entails professional and well developed policing skills, as opposed to dubious practises of unlawful arrest, detention without trial, and confessions obtained by questionable means.

The mythology which has developed regarding the negative influence which human rights has on effective policing exists strongly amongst members of the South African Police Services. Workshops conducted by the Commission on human rights for police personnel commence with the identification of a level of resistance to human rights from the police officers. This resistance is often articulated in the notion that the Commission is there to extend human rights, and the police are there to take them away. This conception is based on an improper understanding of the role of the police in a Constitutional democracy. It is critical that the police services see themselves as being part of an agency which protects human rights - ultimately the rights of those who are the subjects of criminal actions. In the process of protecting those rights, there are certain checks and balances on the powers of the police which must be respected.

The key to this transformation is in training – training in both basic policing skills, which is addressed below, and in human rights. It is vital that human rights training is built into the curricula for police officers, both as a holistic course, and as components of other subjects. It must also be incorporated into ongoing training, with a view to internalising the principles of rights-based practice, and increasing the understanding procedural checks, and the right to a secure environment. This will go a long way to address the levels of frustration held by police members regarding the commonly held inaccurate notion of the Bill of Rights, and its effect on policing.

• The notion that a human rights culture impedes effective policing must be addressed both within the Department, and amongst the public.

• Human Rights training is critical for all service providers in the Department.

2.2 Transformation and training

In addition to structural institutional reform, which has important ramifications, more attention should be paid to "soft" institutional reform, and the strengthening of the police service within the broader criminal justice system. Part of this must address levels of morale and frustration of police officers, who bear the brunt of negative public sentiment.

Transformation processes specifically designed to address appointment processes, and the important requirements which will be set out in the new Employment Equity Act are required. More importantly, specific plans of action to re-skill police personnel are not set out. The White Paper acknowledges that lack of training of police is one of the factors which affect the levels of crime in the country; however no indication is given of a firm programme of implementation to address this issue. The Commission believes that this basic training must be one of the single most significant reforms that could be effected in the South African Police Services.

In addition to basic policing skills and capacity, training aimed at human rights education (addressed above) and gender sensitivity must be developed as standard aspects of any curricula. This becomes even more important if one considers recent statistics that one in five perpetrators of domestic violence are members of the South African police. If there are any resource implications for the new strategy, as there surely must be, the prioritisation of resources aimed at re-education must be articulated.

• Priority must be given to the provision of basic training and skills development in the police force, both in terms of transformation strategy, and resources.

2.3 Costing and Implementation

The White Paper appears to be conceptual in focus, and little attention is paid to implementation. However, it is the implementation which is the more important and strategic intervention to effect transformation. An aspect of implementation is the costing of policy, and there is no indication of the resource implications for the policy directions outlined in the White Paper.

Some of the structural innovations set out clearly translate into significant resource allocation, particularly the creation of a central crime prevention unit, and the inclusion of Provincial and Local government in certain policing initiatives. However, training and skills development also have large resource implications. It may be necessary to assess what resources are available for implementation, and then create some level of prioritisation. If there are limited resources, perhaps they should be ploughed into basic training, before the creation of specialised units and new structures.

The Commission looks forward to the generation of practical proposals for implementation of policy, with an indication of priorities for resource allocation.

• The policy must be translated into implementation strategy, indicating both resource limitations, and priorities in the event of limited budget.

3. AD SECTION 2

LAW ENFORCEMENT IN A DEMOCRACY

3.1 Victims and witnesses

The Commission notes the initiative under this chapter to deal with the improvements of services to victims and witnesses. However, victim empowerment is not only about improved service delivery, but also about allowing the victim to be an active participant in the criminal justice process. Policing needs to become more complainant-based, and this shift in focus has knock-on effects in all areas, from training, through service provision to communication strategies

The attention given to victims and witnesses in terms of process and services falls into a larger shift of focus in terms of directing police services towards the protection of the rights of the complainant, and assisting in the provision of a safe and secure environment. This initiative falls in line with the transformation of the public service as a whole to provide better, more efficient service, in a respectful and courteous manner. In addition to providing specialised programmes for gender-based crime, and crimes against children, a major change can be effected through a small change in attitude.

• Police services must become more complainants based generally, and attention must be given to increasing complainant participation in the criminal justice process.

4. AD SECTION 3

EFFECTIVE CRIME PREVENTION

4.1 Crime Prevention Unit

The acknowledgement of the holistic approach to addressing crime in South Africa is important for the success of any policy, and the strong focus on the need for crime prevention strategies represents an important focus in the White Paper, and is welcomed.

However, the Commission believes that crime prevention operates successfully as a local strategy, and should in any event be built into the line function of every member of the service. Accordingly, the establishment of a centrally based Crime Prevention Unit may no be well advised, as it will be distinct from local policing initiatives, where the strategies operate on the ground, and questions of co-ordination may become a problem.

In addition, there are budgetary ramifications for the creation of an addition to the beaurocracy. While the budgetary implications of this policy are not addressed in the White Paper (see below), there will in all likelihood be budgetary constraints to the introduction of new policies and practises, and in the event of fiscal restraint, resources may be more usefully directed, than at the creation of such a unit.

• Attention should be given to the most appropriate manner of integrating crime prevention into police services.

5. AD SECTION 4 AND 5

INSTITUTIONAL REFORM

5.1 Role of the Secretariat

In the new structure set out in the White Paper, it is envisaged that the Secretariat will play a greater role. The division of the functions of policy and implementation is to be welcomed, but more attention should be paid the exact role of the Secretariat. It must also be made clear that while there is a separation of policy and implementation, it must be clear where the final responsibility for service provision lies.

• The role of the Secretariat needs to set out more clearly.

5.2 Integrated justice system

For faith and confidence to be restored in the criminal justice system to be restored, it is critical for the integrated justice system to operate effectively. It goes without saying that the Department of Safety and Security play only one part in the process. It is accordingly necessary to realistically assess how effective the National Crime Prevention Strategy has been in co-ordinating the different agencies responsible – Safety and Security, Justice and Correctional Services. Perceptions are that there is not a strong sense of a co-ordinated approach, and it must be acknowledged that we are not even close to the achievement of an integrated justice system.

The National Crime Prevention Strategy relies strongly on a voluntary basis for co-ordinated strategy, and it may be worthwhile for the Committee to consider a more effective means of ensuring an integrated approach. This may entail consideration of some restructuring of the departments for certain purposes.

• Attention must be given to the creation of appropriate mechanisms to actualise an effective integrated approach.

5.3 Oversight and Monitoring

The role of the Independent Complaints Directorate is enormously important, and critical to the achievement and maintenance of rights-based practice in the police force. However, the Directorate has been deluged with complaints, and is limited in terms of its mandate and resources.

It has recently been suggested that the Directorate take responsibility for the investigation into police corruption, which would significantly broaden its mandate, and have radical resource implications for its already stretched staff and infrastructure.

The proper functioning of an independent and effective monitoring body is necessary, and consideration should be given to the position of the Directorate within the department, and whether it may be better placed outside the Department, with accountability to Parliament, as is the case with the other state institutions.

• The position and resourcing of the Independent Complaints Directorate needs careful consideration.