Corruption within SA Police:Personnel Establishment, Equity Plan & Disciplinary Regulations of SAPS: briefing

Meeting report

SAFETY AND SECURITY PORTFOLIO COMMITTEE
17 October 2001
CORRUPTION WITHIN THE SOUTH AFRICAN POLICE; THE PERSONNEL ESTABLISHMENT, EQUITY PLAN AND DISCIPLINARY REGULATIONS OF THE SOUTH AFRICAN POLICE SERVICES; BRIEFING

Chairperson: Mr M George

Documents handed out:
Presentation on Equity
Presentation on Disciplinary Regulations
Presentation on Personnel Establishment and Corruption (Appendix 1)

SUMMARY
The Committee was briefed on corruption within the South African Police Services (SAPS) as well as the equity plan and the personnel establishment of the SAPS. There is progress being made on the equity plan, which serves to help eliminate unfair discrimination, promote constitutional equality and economic development and achieve a diverse workforce, representative of the population.

MINUTES
Mr Jackie Selebi: National Commissioner, SAPS, opened with a warning against anthrax hoaxes in the country. The first reported case was under investigation and the white powder found was being tested in a laboratory in Pretoria. He gave assurances that the SAPS would do its utmost best to ensure the elimination of such threats and that South Africa would not be part of the anthrax terror.

He then introduced the aspect of corruption in the SAPS by acknowledging its existence yet pointing out that corruption existed in other government departments and that not all police were corrupt.

SAPS Service Integrity Framework
Ms Nkoma (SAPS) outlined the integrity framework as a measure to address corruption. The framework is comprised of the following pillars:
-Developing an effective anti-corruption investigative capacity.
-Effective interaction between the SAPS and an integrated regulatory framework.
-Developing and integrated strategy.
-Promoting individual integrity.
-Establish and early warning system to identify potential corruption.
-Developing organisational control.
-Developing an effective reporting system and promoting "whistle blowing".
-Maintaining effective Witness Protection Programme.
-Developing effective education, communication and awareness programme.
-Utilising accurate management information on employees.

Successes in the SAPS
The head of the Anti-Corruption Unit, Mr Grobler, showed how the SAPS was trying to act according to the ten points outlined in the SAPS Service Integrity Framework. There was a significant increase in reporting corruption cases since 1996 and more convictions. On developing anti-corruption investigative capacity the SAPS was using the Organised Crime Approach; 500 SAPS specialised Investigation Units had been reorganised into Organised Crime Unit, Violent Crime Unit and Commercial Crime Unit. This reorganisation enhanced sharing of intelligence, increased cost effectiveness and strengthened investigative capacity at local level police stations. The SAPS was part of the Public Service Task Team to fight crime in public and private sector and that the Anti-Corruption Unit existed in Gauteng, KwaZulu-Natal, Eastern Cape, Western Cape and the Northern Province.

With respect to the integrated policy framework the anti-corruption strategy goes hand in hand with other policies such as the following. The SAPS Firearm Strategy; Service Delivery Programme; Operationalisation of the Public Finance Management Act of 1999; Human Resource planning and updating; Competency Profiling (for specific jobs); Human Rights Programme and the Employment Equity Programme.

Regarding the promotion of individual integrity the SAPS has a code of conduct for all its employees. Senior managers are required to disclose all source of income and type of assets. Convictions against crime were publicised and that there was a ten days leave and that employees were required to apply for permission if they intended to venture on a private enterprise.

On early warning systems there are measures such as screening of members, profiling of high vulnerability areas and inspection and auditing.

Regarding organisational control measures he listed the following: performance enhancement process; using order forms rather than cash; inspecting high risk areas by the Service Evaluation Internal Audit Components; improvement in the process of licensing firearms; improving efficiency in the operation of the vehicle pounds.

To promote effective reporting the SAPS has established a toll free complaints line (0800130800) to provide information on corruption and that the National Intelligence Division has a network of informers. On witness protection the task is managed largely by the Department of Justice but the SAPS are also involved.

On education, communication and awareness the SAPS has established and implemented the following strategies: a specialised TV channel for police called Pol TV, the Bulletin dispatched monthly to employees and the Crime Stop and Complaint Line. The process to establish accurate information systems was still being developed.

Lastly Mr Grobler discussed the challenges faced by the SAPS in combating corruption. These include the following. Reinforcing members’ ability to expose and resist corruption; preventing some processes from being exploited for corruption; improving management to promote effective command and control; and clamping down those who initiate corruption on SAPS members. Optimising the Witness Protection Programme and intelligence capacity and promoting co-operation with other government bodies (e.g. Scorpions, Public Protector, Independent Complaints Directorate and Special Investigation Unit) were one of the challenges.

Overview on the Personnel Establishment of the SAPS
Mr Eloff: Deputy National Commissioner, outlined the resource establishment plan as part of the human resource plan underpinned by need assessment through their medium term expenditure framework (MTEF).

The resource establishment plan included training, optimal use and redistribution of personnel, replacing trained police with civilians, outsourcing non-core policing functions and reducing absenteeism. In terms of the size of the establishment, its capacity is 120 500 with a planned target of 141 250 in 2005/2006. The formulas that are used to design these targets include demographics, work volume and human resource capacity.

Overview on the Equity Plan
Dr Singh: Divisional Comissioner, mentioned that the SAPS was transforming itself according to the Employment Equity Act. For the SAPS the equity plan served the purpose of eliminating unfair discrimination, promoted constitutional equality and economic development and achieving a diverse workforce that was representative of the population. She said that both the Minister of Safety and Security and the National Commissioner of the SAPS approved the Equity Plan.

As required by law the Minister set the numeric equity targets. Progress statistics were not provided as they provided to the Committee at the presentation on the transformation of the SAPS.

Overview of disciplinary regulations
The new disciplinary regulations governing the SAPS are: the Constitution, Labour Relations Act and the principles in the Public Service Co-ordinating Bargaining Council (PSCBC) resolution2/1999. Dr Singh compared the new system with the old one and how some problems led to the development of the new disciplinary regulations. The new disciplinary regulations resulted in a reduction in suspensions, quick finalisation of hearings, increased capacity to deal with discipline immediately and all commanders taking responsibility for discipline.

Discussion
The Chairperson asked if corruption was decreasing. Mr Selebi responded that it was decreasing but warned that the decrease could also mean that criminals were getting smatter.

Mr Swart (ACDP) asked about the reasons for the backlog of corruption cases. Mr Grobler that it was only in rare circumstances that corruption cases took a period of five years to be finalise and that it was not a rule but rather an exception. Mr Selebi added that cases are prioritised and some are remanded.

One Member asked how big the anti-corruption unit was. Mr Grobler said that so far 23 organised crime units were established and special units reorganised.

Dr Pheko (PAC) asked if the Anti-Corruption Units existed in other provinces and whether the communication and education strategy was working. Mr Grobler said that while they were not yet instituted there were mechanisms to combat corruption. He also said that employees and the public used the education and communication strategies.

Rev Meshoe (ACDP) wanted to know what happened to employees who destruct investigations and companies who bribe SAPS employees. The response was that if such members or companies were found guilty they were convicted and in some cased employees would be fired.

Mr Swart asked for a comparative opinion of corruption in other countries. Mr Eloff said that most countries do not have such a strategy to avoid creating a negative perception to the public. Therefore he could not give a comparative opinion.

Mr Swart also asked how the SAPS dealt with acquitted members in case where property had been impounded. The question was not answered.

Ms van Wyk (UDM) wanted to know the types of corruption in the SAPS. Mr Eloff said that generally it was syndicate crimes, false registrations and false claims. The National Commissioner added that there were two types of crime which were syndicate ones and less serious ones.

Ms van Wyk asked about the nature of the relationship between the Anti-Corruption unit of the SAPS and the Independent Complaints Directorate. Mr Selebi said that the SAPS wanted to develop a good relationship but with clearly defined roles.

The Chairperson asked about the role of trade unions in combating corruption. The National Commissioner said that they had the full support of unions and are still discussing how to go forward with the strategy.

Mr Zondo (ANC) wanted to know what was done about illiteracy in the SAPS. He also commented that police needed to be in uniform and was not pleased that the delegates, except the National Commissioner, looked like business consultants. The National Commissioner agreed that there was illiteracy and said that plans are in place to train police on full time basis while their posts will be kept by some other civil servants.

Mr Swart asked what could be done about the problem with training capacity. Mr Selebi said that a college in Hammanskraal was to be reopened for police training. Another college in Malioskop will be utilised but warned against those employees who study to fill their curriculum vitae but have no practical record in the service.

Ms Van Wyk asked why there were vacancies in the Western Cape which were not filled because of the National Commissioner’s intervention. The National Commissioner defended himself by stating that the only time he delayed or rejected an application was because it was contextually irrelevant or out of line with some policy or regulation. Mr Eloff added that the Western Cape was required to fill 900 post this year or the funding would be withdrawn but the target had not been achieved.

Mr Swart asked if the equity target was being achieved. Dr Singh said it was and stated that the process was being constantly revisited.

Mr Zondo asked if there were mechanisms to handle complaints arising from the implementation of fair discrimination according to the Equity Plan. Dr Singh and the National Commissioner responded that there was a procedure for appeal and emphasised that fair discrimination is practised and should be publicly stated when advertising a post.

The Chairperson commended the National Commissioner and SAPS representatives on the work they were doing to fight corruption and expressed his understanding of the difficulties facing the SAPS in dealing with corruption.

The meeting was adjourned.

Appendix 1

SOUTH AFRICAN POLICE SERVICE
Overview on the Personnel Establishment of the South African Police Service
Presented by: Deputy National Commissioner Eloff South African Police Service

RESOURCE ESTABLISHMENT - SAPS

- Managed by means of Resource Establishment Plan (REP)

- REP will form part of comprehensive HR Plan

- Basis of current establishment = REP + Needs Assessment (Reviewed annually i t o MTEF)

- In accordance with Public Service Regulations: The Minister for Safety and Security has, under section 24(1) of the South African Police Service Act, 1995 (Act No 68
of 1995), issued regulation 1 3(2)(c):

¨ Based on the strategic plan of the Service, the National Commissioner must -

- define the posts necessary to perform the relevant functions, which shall constitute the fixed establishment of the Service, while remaining within the current budget and medium-term expenditure framework of the Service

MTEF - Personnel planning: (Pre 2000)

¨ 2000/2001= (78.04%) = 124 000
¨ 2001/2002= 77.18%) = 122 000
¨ 2002/2003= (78.16%) = 122 000
(77.80%) 122 667

- Natural attrition: Personnel buffered by:

¨ Improved training
¨ Optimal utilization of personnel (National, Provincial, Area and Station/Unit)
¨ Redistributing (balancing) of personnel
¨ Replacing trained police officials with civilians
¨ Reducing/managing absenteeism
¨ Utilizing force multipliers (eg Reservists)
¨ Outsourcing of non-core policing functions
¨ Redeployment of POP personnel / Specialised Units
¨ Mortuaries

- Current Establishment = 120 500

- Revised planning: (End 2000)
¨ 2001/2002=123 000
¨ 2002/2003=125000
¨ 2003/2004=127 000

- Current Planning (2002 onwards)
(Provides for Sector Policing - Requested in MTEF Process - Currently under consideration)
¨ 2002/2003 = 128 000
¨ 2003/2004 = 132062
¨ 2004/2005 = 136 124
¨ 2005/2006 = 141 250 (Target)

- Revised Approach - End 2000 (REP) - 1

Formulas designed to determine personnel requirements for Basic Service Delivery

Formulas take into consideration:

External factors e.g. Demographics / Socio-Economics

Population Size of area Layout of area
Nature (informal settlements / rural / urban)
Infrastructure (eg courts) Distances (courts / prisons)
Borders Availability of public transport

- Revised Approach - End 2000 (REP) - 2

Work Volume – e.g.

No of cases reported / investigated
No of complaints received / attended
Work volume in Community Service Centre
Execution of warrants / Enquiries
Attendance & administration of collisions
Mortuaries / Courts / Messes
Administration & Support services (eg firearm applications / public driving permits / claims / order forms / personnel issues etc)
Work load relating to crime information analysis Organised Crime Threat Analysis

- Revised Approach - End 2000 (REP) - 3

ASSUMPTIONS - OPTIMAL USE

Organised Crime Approach
Redistribution of personnel
Outsourcing (Guards / Mortuaries)
Replacement of police officials with civilians
Use of Reservists
Skills levels
Ratios - Support functions

- Outcome
Personnel Establishment of 127 000

- Enlistments - Current financial year

- Current Planning (2002 onwards)
(Provides for Sector Policing - Requested in MTEF Process - Currently under consideration)
¨ 2002/2003 = 128 000
¨ 2003/2004 = 132 062
¨ 2004/2005 = 136 124
¨ 2005/2006 = 141 250 (Target)

Problems experienced - Visible Policing Crime Prev

Visibility low
Members do not get to know area /community
Slow response times
Limited relationship built with community
Community involvement low
Little information gathered (Problem Solving)
Impact of police actions low
Loss of trust (confidence in Police)

Desired Approach
Visible Pol / Crime Prev
Attend complaints
Attend crime scenes
Crime Prevention
Directed patrols / road blocks / searches (operations)
Planned visits to institutions, businesses, residents, etc;
Partnerships Info Gathering
Takes place in predefined sectors in station area

Sector Policing
Where to implement?

340 priority stations

Who does Visible Policing/Crime Prev in Sectors?
Primary responsibility
Sector Managers
Local patrol vehicles
Local Crime Prevention Units
Community Police Officers (Reservist to be redirected)

Ad Hoc Support
Metro / Mun Pol
Area Crime Prevention Units
Area Reaction I Intervention Units
Air Support

Nature of ad hoc support in sectors (From SAPS - Area Level)
Incidents which cannot be dealt with by local police at station:

¨ Sudden rise in crime levels
¨ Spate of Heists / Robberies etc
¨ Incidence of violence / unrest
¨ Major events
¨ Big Crowd management incidents
¨ Crime Prevention across station borders
¨ Disaster Management

Key Requirements to implement

¨ Additional Resources
¨ Training
¨ Cooperation - Mun / Metro Police

Required Resources

¨ Personnel
¨ Vehicles with radio’s
¨ Cell phones
¨ Hand Radios
¨ Uniforms / Handcuffs etc
¨ Funds for concomitant expenses
Basis: Link between REP and Number & composition of sectors

Implementation plan
Phased approach

Phase 1
Audit - Current situation Sector Policing
Preparation - Sectors / Training
Implementation with existing resources (assistance reservists / metro)

Phase 2
Implementation 50 stations
Start 2002

Phase 3
Further implementation over 3 - 5 years starting April 2003 onwards

SUMMARY

Basic Service Delivery (Included in MTEF)
200112002=123000
2002/2003=125 000
200312004=127000
Sector Policing (Currently under discussion)
2002/2003 = 128 000
200312004=132062
2004/2005 = 136 124
2005/2006= 141 250 (Target)