Criminal Law (Sexual Offences & Related Matters) Amendment Bill: Adoption; SAPS Annual Report

Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
13 November 2007
CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT BILL: ADOPTION; SOUTH AFRICAN POLICE SERVICES ANNUAL REPORT 2006/07: BRIEFING

Chairperson: Kgoshi L Mokoena (ANC, Limpopo)

Documents handed out:
Criminal Law (Sexual Offences and Related Matters) A/B [B 50B - 2003]
Proposed Amendments to Criminal Law (Sexual Offences and Related Matters) A/B
South African Police Services Annual Report 2006/07 [available at www.saps.gov.za]
South African Police Services Annual Report 2006/07 Presentation

Audio recording of meeting

SUMMARY
Members were briefed by the Department of Justice and Constitutional Development on the Committee’s proposed amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Bill. The Committee was generally satisfied that the amendments reflected their views. After further objections, more changes were affected to the Bill. The Bill was then approved with amendments.

The South African Police Services (SAPS) guided the Committee through its 2006/07Annual Report. The report contained general information, programme performance, report of the Audit Committee, financial statements and human resource management information. The financial statements summarised the information about the sources and allocation of resources. The presentation highlighted that SAPS received an unqualified audit opinion and spent a significant proportion of its budget.

Members complimented SAPS for executing their duties well. Members posed questions about private security personnel, firearms control, borderline control, bullet proof vests and police corruption. In addition, the Committee scrutinised the recruitment of personnel, the renovation of buildings and the revival of Community Police Forums (CPFs). Other aspects interrogated related to overcrowding in prisons and the level of coordination between SAPS and the metro police.

MINUTES
Criminal Law (Sexual Offences and Related Matters) A/B [B 50B-2003]: Adoption
Mr Henk du Preez, Chief Director: Legislation, Department of Justice, guided the Committee through the amendments proposed by the Committee to the Bill.

Due to a change in time of the meeting, PMG was not present during this portion of the briefing and only arrived whilst Members were voting on the Bill.

The Chairperson concluded that there were issues on which consensus and compromise had been reached. Also, he acknowledged that there were some other issues where there was not full consensus. Nevertheless, he was satisfied that the Committee had engaged thoroughly on the Bill and proposed that the Committee proceed to a vote.

The Chairperson took Members through each clause of the Bill. The Committee accepted each clause, where applicable as amended, and adopted the Bill with amendments. A report would be made to the House.

South African Police Services (SAPS) Annual Report 2006/07: Briefing
The Chairperson welcomed the National Police Commissioner Jackie Selebi, and his delegation from the South African Police Services.

Assistant Commissioner George Moorcroft , Head, Strategic Management Services, SAPS, explained that SAPS was required to compile an annual report in terms of sections 40 and 65 of the Public Finance and Management Act (PFMA). The Annual Report contained a list of measurable objectives and performance indicators developed by the organisation. In addition, that information was supplemented with details on performance targets and actual performance in achieving output targets.

During the year under review, SAPS surpassed the majority of the targets relating to its human resources strategy plan. A 75:25 Employment Equity ratio was maintained and training was provided to members of SAPS at all levels.

Divisional Commissioner S Schutte, Head, Financial and Administration Services, SAPS, discussed the organisation’s Administration Programme. In addition, he set out the expenditure pattern of the related sub-programmes and compared that to the previous financial year.

Assistant Commissioner Moorcroft underlined the successes achieved in the Visible Policing Programme. Sector policing was implemented in 76% of the 169 high contact crime stations. Moreover, contact crime was reduced by 7% and 89% of stolen firearms were recovered. Certain crimes, such as the number of illegal firearms recovered at borderlines, could not be measured as a proportion of the total incidence of the crime, because this proportional figure could not be determined.

SAPS’ Detective Services Programme had produced impressive performances, in relation to set targets. The detection rate of commercial crime was increased by 2.8%. The performances of the sub-programmes (Criminal Record Centre and the Forensic Science Laboratory) were also itemized in the report.

Furthermore, Mr Moorcroft indicated that Crime Intelligence operations were increased from 12 534 in 2005/06 to 28 815 in 2006/07. Intelligence and information management were increased from 54 314 in the previous year to 105 238 in the current year.

An analysis of Programme 5: Protection and Security services illustrated that there was a decrease in the recovery of illegal firearms and stolen vehicles recovered at port of entry and exit.

D/Comm Schutte confirmed that the organisation received an unqualified audit opinion for the reporting period. There were some matters of emphasis, and these were listed as concerns regarding the organisation’s lack of proper inventory stores, firearm control and supply chain management. Steps taken to address these deficiencies were emphasised.

With the aid of a catalogue system, the presenter provided a breakdown of the funds voted and the actual spending for the different programmes. This exercise demonstrated that SAPS managed to fall within the 8% variance provided in the PFMA. The variance under the Visible Policing Programme was mainly as a result of lower than anticipated cost-of-living salary increases.

D/Comm Schutte summarised the financial statement of the organisation. There was a full utilisation of funds as only R1 000 remained. The collection of revenue for the period under review increased due to the improved recovery of debt, sale of non-capital items and the high number of firearm applications.

The spending policy was underpinned by the directive issued by the President and the Minister of Finance. Consequently, SAPS prioritised the recruitment of additional personnel, improved capital infrastructure, borderline control and revision of the reservist system.

The operational expenditure of the different provinces was finally detailed

Discussion
The Chairperson pointed out that all references to Johannesburg International Airport in the report were erroneous because the airport was now called O R Tambo International Airport.

Mr D Worth (DA, Free State ) was pleased that the organisation succeeded in balancing its budget. He sought to establish whether the police had taken over the border control duties from the SANDF.

Mr Andre Pruis, Deputy National Commissioner, SAPS, confirmed that this duty was currently shared between the two entities. In future, SAPS intended to take complete control of borderline duties.

Mr Worth wanted information on the reported shortages of bullet proof vests.

Comm Selebi stated that the organisation had to purchase this equipment continuously. Most of the shortages occurred when people were brought into the organisation because new recruits refused to use “used” bullet proof vests and demanded their personal new one.

Mr Worth noted that SAPS was the only police force in the world that used private security personnel to protect its own buildings.

Comm Selebi explained that these private security guards only performed access control duties. They were preferred to police members because their services were cheaper.

Mr Worth noticed that the report did not indicate the amount of firearms that were handed in.

Comm Pruis confirmed that a total of 18 870 firearms were voluntarily handed in during the reporting period.

Mr J Le Roux (DA, Eastern Cape) observed that most of the targets that were set in the different programmes were met. However, he believed that they were too low in some cases, and wondered how they were set, and if there were comparisons made with other countries.

Asst Comm Vinesh Moonoo, Detective Services, SAPS, explained the formula that the organisation established for drawing up targets. When this exercise was initiated, SAPS evaluated statistics from the previous five years. An average was calculated and this was increased by 1%. This then became the target. Since then, all the targets were reviewed annually.

Mr Le Roux claimed that there was a prevailing sentiment that the police was corrupt. He asked SAPS to respond to this allegation.

Comm Selebi affirmed that the overwhelming majority of police members were good and law- abiding citizens.

Mr Z Ntuli (ANC) was interested in finding out how much was allocated to Community Police Forums (CPFs).

Mr M Mzizi (IFP, Gauteng) asked how SAPS intended to revive CPFs. He reported that the Committee was often inundated with complaints that the police did not support the CPFs.

Comm Selebi answered that there was no budget vote that prescribed that a certain sum of money should be set aside for CPFs. He added that the question of accountability presented a dilemna, as there was no guarantee that these bodies would spend the money appropriately.

Mr Mzizi sought clarity on whether the former railway police or SAPS managed the railway stations.

Mr Pruis clarified that SAPS policed the railway environment.

Mr Mzizi queried whether SAPS had a register of how many firearms were destroyed.

Comm Pruis divulged that 160 780 firearms were destroyed during the reporting period.

Mr F Adams (ANC, Western Cape) sought an explanation for the increased allocation to the Secretariat in the financial year under review.

D/Comm Schutte did not want to speak “absolutely” on behalf of the Secretariat. However, he went on to say that the increase could be attributed to the reorganisation undertaken by the Secretariat.

Mr Adams sought to establish how many contact crime stations were situated in the Western Cape.

Comm Pruis replied that 17 out of the 169 contact crime stations were situated in the Western Cape.

Mr Adams commended SAPS for falling within the 8% variance rate that was prescribed in the PFMA. However, he pondered whether the budget amount for visible policing was sufficient. He was of the view that this formed the crux of the organization’s work.

Comm Pruis believed that the budget allocation for visible policing was sufficient.

Mr Adams enquired whether SAPS could and were prepared to absorb the Metro Police.

Comm Selebi affirmed that SAPS had no intention of running the metro police. He advocated for the two entities to work together, with SAPS playing the central role in policing matters. The coordination of activities would strengthen the criminal justice system because the metro police were empowered to enforce by-laws. Lastly, he stressed that the metro police would remain under the jurisdiction of their respective city manager for purposes of their daily duties.

Mr Adams claimed that the concerns of many disgruntled SAPS were not addressed by the hierarchy. He hoped that this issue would be remedied.

Comm Pruis revealed that SAPS deployed its senior commanders to police stations around the country. Part of their duty entailed responding to the grievances of members. He concluded that the Member should provide specific cases so that they could be addressed.

Mr A Moseki (ANC, North West) congratulated the police for the “good work done”. He was impressed that they surpassed all the targets set. Lastly, he queried the difference between high contact stations and presidential stations.

Comm Selebi answered that those police stations that reported high levels of crime were given the designation “presidential station”. These stations were provided with the necessary resources to enable them to move away from this designation after a given period.

Mr Moseki mentioned that there were often case delays because of police ineptitude.

Comm Selebi rejected this accusation.

Mr L Fielding (DA, Northern Cape) protested about the misuse of police vehicles by police officials.

Mr Schutte announced that a fleet management system had been initiated to monitor the use of vehicles.

Comm Selebi supplanted that the public should report members who did not behave responsibly. Also, he maintained that the fleet management system would be operational first in Gauteng, next KwaZulu Natal and then Eastern Cape. Thereafter, it would be spread to the remaining provinces.

Mr Fielding grumbled about the lack of response from the police emergency number on weekends.

Mr Manyosi (ANC) queried how the departments in the criminal justice cluster tackled the issue of overcrowding.

Comm Selebi asserted that overcrowding was not an investigations problem. In his view, overcrowding existed because those who had access to money for bail did not go to prison whilst the opposite prevailed for those who lacked finances. Consequently, he called for the implementation of alternative type of sentences and a distinction between crime of greed and crime of need. Finally, he pledged that SAPS would continue to work within the justice cluster to eradicate this problem.

Mr Manyosi asked how the question of gender balance was being addressed by the organisation.

Comm Selebi replied that the overwhelming majority of applicants were male and thus presented equity challenges. There was a perception that law enforcement work was only suitable for males. However, SAPS had the highest number of uniformed females in the world and was on path to reach government’s target of 30% female.

Mr Manyosi sought to understand where the civil claims against the department emanated from.

Comm Selebi professed that SAPS operated in an environment that would always attract civil claims. People alleged that they were wrongly arrested or assaulted by the police.

Mr Manyosi indicated that some of the police stations were not in good condition. He questioned whether the budget was sufficient to address the backlog relating to the renovation of buildings.

Comm Pruis admitted that many stations were in poor condition and that their renovation was taking too long. He indicated that SAPS had constructed 13 new police stations in the financial year and would likely maintain this level in the coming years.

Ms F Nyanda (ANC, Mpumalanga ) revealed that she discovered a police station was in possession of approximately 200 firearms that were not in use. She was concerned about the possibility of theft.

Comm Selebi was shocked and disappointed to hear about this discovery. He informed the Committee that any firearm which was not required by the courts for evidentiary purpose should be sent to Pretoria for destruction. Lastly, he made a commitment to investigate this matter further.

Ms Nyanda asked about disciplinary hearings reported in the document.

Comm Pruis indicated that these disciplinary cases were for members of SAPS who violated internal codes.

Ms Nyanda interrogated how many personnel services were terminated during the reporting period.

Deputy National Commissioner M Stander, Personnel Management, SAPS, responded that roughly 3 000 services were terminated.

Mr Ntuli wanted to determine whether national or provincial government was responsible for the recruitment of staff. Police stations often complained that they had no say in the number of recruits.

Comm Selebi replied that various factors dictated the number of new recruits allocated to a particular province. These included geographical region and intensity of crime. Using this criteria, the National office of SAPS instructed the provincial divisions to recruit personnel to fill their given quota. Thereafter, the provincial divisions assigned the recruits to the different areas in their jurisdiction.

Mr Le Roux asked how many of the ex-commando members joined the police reservists.

Mr Pruis replied that 1 589 had joined in the year under review.

The Chairperson noted that there were several women commissioners in Mpumalanga who were performing very well.

The Chairperson asked what mechanisms could be put in place to prevent some station commissioners from lagging behind in their jobs. He also asked how often the SAPS were training their officers in defensive driving. In relation to domestic violence and sexual offences against men, he asked for details of any statistics kept by the SAPS. He noted that there were complaints against Forensic Services, and asked what could be done to shorten the time period for getting forensic results. He noted that a number of buildings were dilapidated, and asked what could be done to fix them if the Department of Public Works was not acting fast or efficiently enough. He further noted that the bombing of ATM machines was a worrying trend.

Mr Ntuli noted that the police stations were often situated in places that were difficult to access by people in far-flung areas.

Mr Moseki enquired about retention strategies.

The Chairperson asked if SAPS reservists would be indemnified if they did something incorrect. He asked SAPS to reply in writing to all these questions that were unanswered.

Mr Adams, on behalf of the Committee, thanked SAPS for doing an outstanding job.

The meeting was adjourned.