REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON OVERSIGHT
VISITS TO POLICE STATIONS IN NYANGA AND PHILIPPI IN THE WESTERN CAPE PROVINCE,
DATED 31 OCTOBER 2014
1. Introduction
The Portfolio Committee on Police engaged in an oversight
visit to the Nyanga and Philippi Police stations in
the Western Cape Province on 27 August 2014. This was part of the parliamentary
programme and took place during Parliament’s oversight week.
1.1 Purpose and objectives of the visit
The purpose of the oversight visit was to make sure that
the South African Police Services (SAPS) were compliant with all the
legislation, regulations and standing orders applicable to SAPS. Another
objective was to evaluate on the levels of service delivery that the police
were providing to the community.
1.2 Delegation
The delegation comprised of the following people:
Members
of the Committee:
Hon. F. Beukman
(Chairperson)
Hon. J. Maake
Hon. M.A. Molebatsi
Hon. M. Mmola
Hon. D. Kohler Barnard
Hon. L. Mabija
Hon. D. Twala
Hon. Z. Mbhele
Hon. B. Josephs
Support
Staff of the Committee:
Ms B Mbengo - Committee Secretary
Mr I Kinnes - Committee Content Advisor
Ms N Van Zyl-Gous - Committee
Researcher
Mr T Mbadlanyana - Committee Researcher
Parliamentary Communications Unit
Mr M Molepo -
Principal Communication Officer
Civilian Secretariat for Police
Mr S. Mahote - Parliamentary Liaison Officer
Mr. L. Njozela - Monitoring & Evaluation
Provincial Secretariat
Independent
Police Investigative Directorate (IPID)
Mr M Parman - Deputy Director Investigation
1.3 Stations visited
The following stations were visited by the Committee:
·
Nyanga
Police Station - 27 August 2014
·
Philippi Police Station - 27 August 2014
2. Findings
2.1 Nyanga Police
Station
2.1.1 Station Profile
·
Nyanga
Police station is a Brigadier- level station responsible for six police sectors
with a satellite station in the Samora informal
settlement. Nyanga Police station is responsible for
policing Crossroads, Brown’s Farm and Zwelitsha informal
settlements. Each sector should have two vehicles but there are only two
vehicles available for the all the sectors.
·
The station has an allocated staff component
of 285 members, but 30 staff members have either been transferred, received
promotions or has resigned. They are still on the staff establishment including
a total of seven detectives.
·
There are 19 visible policing unit members
that are working elsewhere as a result of transfers and promotions.
·
The new upgraded Resources Allocation Guide
(RAG) puts the total allocated staff at 293 with 93 detectives on the fixed
establishment.
·
The station recently experienced a problem
with sick leave of detectives when many of them took sick leave within one
week, creating problems for the investigation of cases.
2.1.2 Community Police Forum
The Chairperson noted that there were reports of problems
relating to policing the N2 highway and wanted to know to what extent the Nyanga police was responsible for patrolling the highway.
Motorists have been stoned and the Committee needed answers and assurances on
the role played by the Nyanga Police station.
The Community Police Forum (CPF) reported to the
Committee that there was a shortage of personnel and that they required
additional staff members in the Community Service Centre (CSC). They also noted
that there were three Crime Prevention Groups at the station.
The CPF also informed the Committee that a crime
prevention operation was conducted in May 2014 after the CPF and the police had
reinforcements and confiscated over ten firearms and arrested scores of people
who had outstanding arrest warrants. Most of the additional staff came from
outside the area and were members of the Tactical Response Teams, Dog Unit and
the Flying Squad. Most of the station vehicles were parked at the station
because there were no personnel to drive them. The CPF engaged with the office
of the Provincial Commissioner about the situation with the detectives who have
booked off sick and they undertook to get investigate and get back to the CPF.
The Acting Station commander indicated that the Nyanga police do patrol the N2 highway as they deployed a
vehicle to do so. They also use a vehicle that was allocated to sector 2 in
Crossroads. The station have engaged the Metro Police as a force multiplier,
but that they sometimes have too many complaints and one of the vehicles must
return to attending to the complaints in the sector. SAPS also reported that
they have to ensure that the N2 is well patrolled and therefore they also
engage the TRT and the Flying Squad together with the Gugulethu
Police station over weekends.
The investigation into the killing of Constable Dumile who was killed in the area is currently being
investigated by the Directorate for Priority Crimes Investigation (DPCI).
Members of the CPF received complaints against the police
on a daily basis. They usually refer these complaints to the Community Service
Centre (CSC) and report back to the client. They also refer some of the
complaints to the Provincial Secretariat. The CPF also indicated that the
complaints included:
·
The telephones were sometimes unanswered
·
Vehicles took between forty five minutes to
one hour to respond to complaints
·
The manner in which people are handled in the
CSC when they make complaints
The CPF was of the view that there can be no excuse for
the manner in which SAPS are handling complaints from residents in Nyanga.
Members wanted to know if there was a Community Safety
Plan in place at the station and what the priorities of the station were in
terms of crimes. They also wanted to know how the station was going to deal
with the 25 000 unlicensed liquor outlets in the area. It was also
reported that the head of detectives did not take up his post since his
appointment and Members wanted to know when this would happen.
The CPF indicated that the deployment of extra personnel
in crime prevention operations that took place, was as
a result of a request of the CPF. There is a Community Safety Plan in place and
the station is working with the Violence Prevention through Urban Upgrading
(VPUU) project. Through this project they have begun to narrow down the areas
that should be policed. A programme will start on 1 September 2014 that will
focus on drug houses and shebeens. The street
committees are the cornerstone of the strategy and there have been public
meetings called to inform and mobilise residents against drugs in the area, especially
methamphetamines (TIK). Most of the robberies in the area is
as a result of drug abuse. The priority crimes for the area include murder,
abuse of women and children and the circulation of illegal firearms.
2.1.3 Illegal Shebeens
Members were concerned about the 25 000 illegal shebeens operating in the area and wanted to know what the
policing plan was to deal with this problem. The Acting Station Commander
reported that they have raided over 28 shebeens in
weekly operations which they intend to continue. The illegal shebeens have mushroomed in the community and they are
monitoring its growth with regular raids.
2.1.4 Head of Detectives
The Station Commander reported that the head of
detectives did not take up his post after his appointment as he had applied for
leave at the Delft police station where he was stationed prior to him coming to
the station. He did report to the Nyanga Station
Commander to inform him that he was on leave and will take up his post when he
returns from leave.
The shortage of detectives was attributed to the fact
that some of the Nyanga detectives were placed at
other units and have not been replaced. Some of the detectives have been
seconded to other units such as the South African Social Security Agency
(SASSA), the Taxi Violence Unit, TRT and the Operational command centre. There
are also twelve others who have left the station through retirement, death and
promotion who have never been removed from the staff establishment. They are in
the process of having these individuals removed from the establishment.
2.1.5 Policing the N2 highway
The Acting Station Commander reported that the patrol of
the N2 Highway was coordinated by the operational command centre. The Flying
Squad has the responsibility of twenty four hour general patrols and the Nyanga station supports these patrols. The only time when
the patrol vehicle leaves the N2 is when there are complaints it has to attend
to. The Public Order Police (POP) Unit has the responsibility of crowd
management when it comes to stoning of vehicles and policing blockades.
2.1.6 Gangs
The station is also dealing with a growth of gangs such
as the Amavura and the AmaVatos
gangs. The Amavura are primarily active in the
Brown’s farm and Crossroads areas. Both gangs contribute to the violence and
murder in the community. They are being monitored and policed by the station.
The Committee Members proceeded to inspect the station.
2.2 Report Back
2.2.1 Community Service Centre (CSC)
·
Members found that all the registers as far
as the Domestic Violence Act was in place, signed and contained the relevant
information. They were however not updated regularly.
·
The physical condition of the CSC was
assessed and Members rated it to be in good condition and gave it a score of
8/10. They interviewed members of the public who informed them that they were
satisfied with the services provided although they had to wait between 1-2
hours to be assisted because of long lines at the station. Despite this, they
felt that the station was much better than before.
·
The concern was raised that junior police
officers did not salute their seniors but the SAPS indicated that they did not
have to do so all the time, except once they have seen their superiors for the
first time.
·
Every room that the Members visited in the
CSC was normal and they did not find any deviation from the regulations and
policies.
·
The e-Docket was fully implemented at the
station after checks. Many of the dockets are being scanned into the system.
·
The signage and directions to the station is
accessible.
·
The Automatic Vehicle Location System (AVLS)
is operational and is being monitored by the Provincial Office and not the
police station.
2.2.2 Detectives
·
The station has 63 detectives and 7 are
deployed elsewhere in units outside the station. The detectives are stationed
at the Group 40 building in Eiseleben Road which is
about three kilometres from the station, due to space constraints.
·
There are insufficient detectives at the
station and 15 additional detectives are needed at the station.
·
The average detective has about 17 years of
experience and about 38 of them has over 11 years of
experience as detectives.
·
The average age of detectives are about 30+
and the age of the youngest detective is about 20 years while the oldest is in
his late 50s.
·
Detectives carry a docket load of 9000 with
each detective investigating about 200 dockets. The detective carrying the
least number of dockets is 45 (which is gang task team member) and the
detective carrying the most dockets is 600.
·
There are 10 643 cases being
investigated with 4396 cases that have been closed undetected.
·
The Committee was impressed with Major Poleman who audits the detective caseload monthly.
·
The Committee noted that five of the
station’s bakkies have been involved in accidents in
the Eastern Cape as the station travels there for investigations on regular
basis.
2.2.3 SAPS 13 Stores
·
Members found 13 Dockets in the e-docket
room.
·
The SAPS stores and the Archives section was neat and in order and the dockets and evidence was well
stored and referenced.
·
Of concern was that the person in charge was
retiring at the end of the month and there is no plan in place to train someone
to take over the duties of the individual.
·
The individual has also received no formal
training for managing archive stores and despite the fact that he is working with
someone that is relatively young, it is a risk and the Committee urged the
station manager to give attention to this.
2.2.4 Staffing
·
The station has 292 allocated staff members
and 285 actual members.
·
On average, 10% of the members take leave
over weekends and 5% on night shifts.
·
Most absenteeism occurs during June and July
and members also take sick leave after the completion of their four day on,
four day off shifts if it happens to fall over weekends.
·
This accounts for the high figure of sick
leave and the Employee Health and Wellness section is dealing with the problem.
2.2.5 Training
·
There are 36 eligible managers that qualified
for the Commissioned Officers Learning Programme (COLP) and 35 completed the
course.
·
Eleven managers qualified to attend the
Middle Management Learning programme and seven completed the course.
·
131 officers at the station have been trained
in the Domestic Violence Act and 12 completed the training of Trainers course.
·
10 were trained in the Child Justice Act and
1 in the Second Hand Goods Act.
2.2.6 Discipline and Grievances
·
Most of the disciplinary cases and grievances
at the station have been dealt with amicably and resolved.
·
There have only been 2 corruption cases at
the station and this was processed and completed.
·
There have been 425 complaints involving
discipline and grievances of which 61 were investigated. In two cases, the
officers were dismissed for fraud and corruption.
·
On average, these cases take 7 days to be
investigated at the station and 60 days at the provincial office.
·
There have been 55 public complaints against
police officers by members of the public which are being investigated by the
Police Inspectorate Division. Three cases were forwarded for further
investigation.
·
The station also provided the Committee the
Second Hand Goods Act list of dealers.
3. Recommendations
3.1 Of
concern to the Committee was the staff shortage at the station, especially the
detectives. The Committee recommended that the matter be addressed by the
provincial management and make available additional staff to the station.
3.2 The
Committee was concerned about the lack of a clear crime intelligence capability
at the station.
3.3 The
Committee recommended that a sustainable plan be developed to police the N2
highway and that the police make available such a plan to the Committee.
3.4 The
Committee recommended that force multipliers be used and that the Metro police be engaged to assist the SAPS with policing the area.
3.5 The
Committee recommended that the Provincial Commissioner be invited to the
Committee on 10 September 2014 to provide responses to the Committee’s
recommendations.
4. Conclusion
The Chairperson thanked the acting station commander and
his staff for their co-operation during the visit.
5. Philippi Police station
5.1 Gang violence strategy
The Committee visited the Philippi Police station to
understand the station’s strategy to deal with gang violence, especially in the
Hanover Park area. The visit to the station was unannounced. In his briefing
the Station Commander, indicated that there were 6 active gang groupings in the
area.
The Conflict in the area was primarily between the gangs was
as a result of turf problems, but that the threat has been minimised. The
station is part of Operation Combat which meets every three weeks to ascertain
what progress have been made against the leadership of gangs in the area. As a
result there has been a substantial decrease in gang violence in the area, and
a recovery of firearms on a weekly basis. There have also been a 13% increase in the amount of drugs that have been seized
as a result of regular vehicle checkpoints.
The Committee raised questions about the reports of
collusion by police officers with gangsters.
The Station Commander responded by confirming that there
have been such rumours and they have held izimbizo’s
where they have encouraged the community to come forward and report
such collusion. They have no evidence and have also asked crime intelligence at
provincial level to investigate the rumours. One of the eight pillars of
Operation Combat is the fight against corruption. As a result of the strategy,
police officers working on the operation are rotated on a monthly basis and a
few police officers have been arrested. Members of the Committee were unhappy
with the response as they were not convinced that a set period can be
determined how long it takes for police officers to become corrupt.
The Committee wanted to know to what extent the City was
co-operating with SAPS and how sustainable the strategy was with respect to
disrupting the gang structures.
The Station Commander indicated that they have an open
day with schoolchildren as they have problems that develops
at school. The sector manager is tasked with addressing the school problem and
the conflicts that develops at school, but spill over into the community in the
form of gang fights. The SAPS has also had a meeting with the Western Cape
Education Department to assist in its efforts to address gang violence at
Crystal High school. They noted that up to 40% of arrests that the station
effects are schoolchildren between the ages of 14-18 years.
Members wanted to know what SAPS was doing about racial
attacks at the Crystal High School
SAPS indicated that they distinguish between is a
difference between gangs and Gangsterism and that
people make choices. The station also informed that there are
racial conflict between learners at the school as a result of an attack on a
learner who lives in Langa. The intervention at
Crystal High school started a long time ago and there were also other reasons
for the conflict and violence at the school and in the community. Some of the
gang fights was started as a result of disputes over girlfriends, drugs,
impregnation of girls and robbery etc. The station commander also informed that
they had to deal with a revenge killing in the area. The station also has a
crime information officer which is different to the Crime Intelligence
officers. Crime collection is managed at a provincial level and a cluster level
while the crime information officer deals with crime stats at station level and
compiles the station profile.
Members commenced with the inspection of the station.
6. Report Back
6.1 Community Service Centre
·
The members reported that the station
complied with all the necessary prescripts and regulations in terms of SAPS
Act. The station does not have an e-docket system and do all their dockets
manually.
·
The station is accessible and has good
signage and accessibility to people with disabilities.
·
The last date of entry in the station
register was 28 August 2014.
·
The filing system was good and the station
was able to produce all the registers and entries in the registers were in
order. There was compliance with all the prescripts and standing orders.
·
The station has 336 reported Domestic
Violence cases on the case register.
·
Members commended the station commissioner
and his team for their good compliance and record keeping with respect to
registers in the CSC.
·
The Victim friendly room was in place and
there is a volunteer on duty at the station. There were also high school
students who came to the station for training in domestic violence while the
oversight visit was taking place.
·
The domestic violence registers were up to
date and complied with the necessary regulations.
·
The Second Hands Goods Act was implemented at
the station and the registers were up to date. The station has registered 16
second hand good dealers.
6.2 Detectives
·
The previous head of detectives was on sick
leave and there was an acting commander on duty at the time of the visit.
·
The station has a caseload of 8272 cases for
A and B crimes and detectives carry about 130 dockets each.
·
There have been three dockets stolen at the
station which is still under investigation.
·
The training of detectives are
on course and the station needs 14 more detectives.
6.3 Cells
·
The station has nine cells and all of it was
in operation at the time of the oversight visit.
·
Each cell was designed to hold five people.
·
At the time of the visit, nine people in
total were held in the cells.
·
The cells were clean and not overcrowded and
the J8 register corresponded with the number of people in the cells.
·
There were 2 children under the age of 18
held separately in juvenile cells who were recently arrested. They had no
visible injuries.
·
There was a list of probation officers at the
station.
6.4 SAPS 13 Stores
·
The Committee was impressed with the record
keeping in the evidence stores. It was well organised and the archives were in
order.
·
There was only staff member allocated and the
member had received no training.
·
It was however noted that the register for
recording closed dockets is dated March 2012 and supply chain management did
not provide fresh books.
·
The office was under capacitated.
7. SAPS response
The Station Commander noted that there are different
challenges faced by the station as they also have to police a farm area. There
are six informal settlements and the station must deal with gang violence.
There is a resource challenge with a shortage of members and detectives at the
station. Between 15 -16 000 people moved into a new informal settlement in
the last two years and the station has a rating of 3 on the performance chart.
7.1 Recommendations
1. The
Committee commended the station commander and his team on the state of the
management at the station.
2. The
Committee recommended that it wanted the levels of gang violence reduced and
that it should be prioritised.
3. The
Committee recommended that it monitors progress at the station and makes a
follow up visit to Nyanga and Philippi stations.
Report to be considered.