Hansard: Minister 's Oral Replies to Questions of Members of Parliament

House: National Assembly

Date of Meeting: 02 Mar 2010

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Minutes

NATIONAL ASSEMBLY

FOR ORAL REPLY


QUESTION NO 39


DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO 3- 2010)

Date reply submitted : 4 March 2010

39. Mr V B Ndlovu (IFP) to ask the Minister of Police:

On which provision of the Constitution does the shoot-to-kill policy rely?

NO380E

REPLY:

1. As stated in response to question 39 there is no "shoot to kill" policy in the department and "shoot to kill" is a creation of the media.

The ICD investigated 367 incidents of fatal shootings for the period 1 April 2009 – 31 December 2009, in the execution of its mandate in terms of section 53(2) of the South African Police Service Act, 1995 (Act 68 of 1995),

2. 359 of the victims were suspects and where Police officers acted in self defense the while 8 were innocent bystanders.

3. Shooting incidents may result in Government being sued but this cannot be equated to any policy to shoot to kill as there is not such policy in place.

4. Given that there is no shoot to kill policy in place it is impossible to give any information on civil claims based on a policy that does not exist.

NATIONAL ASSEMBLY

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QUESTION NO 34


DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO 3- 2010)

34. Mrs J D Kilian (Cope) to ask the Minister of Police:

Whether the public will be informed about steps (a) implemented to investigate the matter and (b) that will be taken against police officers and other agents who infringed the Constitutional rights of a certain student (name furnished) ; if not, why not, if so, when, in each case?
NO375E

REPLY:

I am aware that the individual has decided to bring a civil case against the police I am therefore unable to comment on this matter

Reply to question no 34 approved and signed by the MINISTER OF POLICE

Date: 27 February 2010

NATIONAL ASSEMBLY

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QUESTION NO 28


DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO 3- 2010)

Date reply submitted : 4 March 2010

28. Mrs D A Schäfer (DA) to ask the Minister of Police:

Whether he or his department has put any measures in place to deal with human trafficking (a) in general and (b) in light of the threats posed regarding the 2010 Fifa World Cup Soccer tournament; if not, why not; if so, what are the relevant details?

NO365E

REPLY:

This is one of the Priority Crimes and the DPCI are dealing with the matter. We are confident given the work being done by the DPCI that we will be in a position to deal with any increase in type of crime during the FIFA World Cup.

Reply to question no 28 approved by the Minister

NATIONAL ASSEMBLY

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QUESTION NO 26


DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO 3- 2010)

Date reply submitted : 4 March 2010

26. Mrs D A Schafer (DA) to ask the Minister of Police:

(1) How many SA Police Service (SAPS) members were charged as a result of criminal actions from 1 January to 31 December 2009, (b) how many were convicted of the crimes they were charged with and (c) what are the (i) names, (ii) ranks and (iii) charges of such members;

(2) whether the members charged are still working within the SAPS; if not, what is the position in this regard; if so, what are the relevant details?

NO376E

REPLY:

'I have stated in responding to written question 36 that no person with criminal records may be recruited into SAPS. I also stated in my answer to this question that in December 2009 a comprehensive audit was initiated to address whether this policy was being followed.

In addition two weeks ago during a meeting between the Ministry of Police and opposition parties I informed opposition parties about the audit and the steps were being taken to address this matter.

I therefore requests that the Honorable member to wait for the outcome of this audit.

Reply to question 26 approved by the Minister

NATIONAL ASSEMBLY

FOR ORAL REPLY

QUESTION NO 21

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO 3- 2010)

Date reply submitted : 4 March 2010

21. Mr T W Coetzee (DA) to ask the Minister of Police:

Whether he has launched an investigation into the conduct of the VIP Protection Unit with regard to the arrest of a certain University of Cape Town student (name furnished); if not, why not; if so, what are the relevant details?

NO358E

REPLY:

I am unable to comment on this matter as the individual has stated that that he has launched a civil claim against the department

Reply to question 21 approved by the Minister

NATIONAL ASSEMBLY

FOR ORAL REPLY


QUESTION NO 17


DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO 3- 2010)

Date reply submitted : 4 March 2010

17. Ms M A Molebatsi (ANC) to ask the Minister of Police:

How will the increase by 10% of the members of the SA Police Service be managed together with the strategy for the retraining of police officers?

NO354E

REPLY:

(i) establishing and maintaining a partnership between the community and the police;

(ii) promoting co-operation between the police and the community in fulfilling the needs of the community regarding policing;

(iii) promoting joint problem identification and problem-solving by the police and the community.

(2) The decision to fund CPFs at a provincial level is taken by the Provincial government through offices of MECs. The promotion of good relations between the police and the community is a constitutional mandate of each Province. The law also empowers the MEC to provide directions to the Provincial Commissioner on the establishment of CPFs and this power can be used to enable the provincial departments of safety to provide funding to CPFs. Most provinces fund CPF is one way or another.

I am aware that one provincial government department is considering the withdrawal of all funding of CPFs and this is a matter of concern for the Ministry.

Whilst I acknowledge that the Ministry has no control over how provincial departments of safety spend their budgets, I would encourage the provinces to continue funding the CPFs and not to take steps to withdraw this funding.

Question 16 approved by the Minister

NATIONAL ASSEMBLY

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QUESTION NO 15


DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO 3- 2010)

Date reply submitted : 4 March 2010

15. Mrs L S Chikunga (ANC) to ask the Minister of Police:

(a) What was the purpose of the police function in Bloemfontein and (b) how many police officers attended the function?

NO352E

REPLY:

(a) The South African Police Service Act, 1995(Act No 68 of 1995) was promulgated on 27 January 1995. Given the anniversary of the SAPS, the essential role the SAPS plays in providing for the safety and security for all people in South Africa, and in honour of the sacrifices members make in providing this service, Cabinet declared 27 January annually as the date to celebrate a National Police Day for South Africa.

The National Commissioner in consultation with his national and provincial management took a decision to celebrate National Police Day for 2010 on the 29 January 2010. We hosted this day to amongst others, to thank members of the SAPS for their dedication, and hard work because we understand the kind of environments they work under more especially for the members that served the country over the festive season period of 2009.

(b) An event with the theme "SAPS members, my family" was hosted at the Vodacom Stadium, Bloemfontein and approximately 42 000 members of all Provinces and Divisions attended this event on 29 January 2010.

Reply to question no 15 approved by the Minister

NATIONAL ASSEMBLY

FOR ORAL REPLY


QUESTION NO 2


DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO 3- 2010)

2. Rev K R J Meshoe (ACDP) to ask the Minister of Police:

(1) Whether any police officers have been arrested and successfully prosecuted in the past five years for aiding in the theft of, or stealing, confiscated drugs from storerooms of the Pretoria Forensic Science Laboratory; if not, what is the position in this regard; if so, how many were (a) arrested, (b) charged and (c) successfully prosecuted;

(2) whether the stolen drugs were recovered; if not, why not; if so, what are the relevant details?

NO334E

REPLY:

(1) After receiving reports in February 2010 regarding the disappearance

of confiscated drugs from the Pretoria Forensic Science Laboratory storerooms, I instructed the DPCI (Hawks) to conduct a full investigation into the matter. The investigation is still at an early stage.

(2) No. The drugs have not yet been recovered.


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