Questions and Replies

Reply:

The DPCI Judge has been appointed

Reply:

DPCI Judge has been appointed

Reply:

Details of SAPS employees who have conducted business with the SAPS, are provided in the attachment. It should, however, be noted that SAPS employees performing business with other State Departments or entities, are currently being verified.

Reply:

(1)(a) No,

(1)(b) No

(2)(a) Not applicable.

(2)(b) Not applicable.

(3) Not applicable.

(4)(a) Not applicable.

(4)(b) Not applicable.

Reply:

1. No member of the South African Police Service (SAPS) had made the decision, not to arrest the First Lady of Zimbabwe, Grace Mugabe, on 15 August 2017, after a case of alleged assault was opened against her, by Gabriella Engels.

(2) None of the reasons provided had influenced any SAPS member not to arrest the First Lady, Grace Mugabe, since no SAPS member made the decision to not arrest the First Lady.

(2)(a) Possession of foreign travel documents – The First Lady was not arrested due to her whereabouts not being unknown, at that stage.

(2)(b) Easy access to private air travel - Upon the investigation at OR Tambo International Airport, it transpired that she arrived on 13 August 2017, via South African Airways (SAA), flight number SAA029, with Passport Number AD005540, which indicated the profession of the incumbent as the First Lady and therefore, could not have used private air travel, in this regard.

(2)(c) Family ties to Zimbabwe – Enquiries of the whereabouts of the First Lady, were made at the Zimbabwean Embassy in Pretoria, but the investigating officer was denied access.

(2)(d) Citizenship ties Application for immunity by the First Lady, Grace Mugabe - On 17 August 2017, the investigating officer received a verbal note from the office of the Minister of International Relations and Cooperation, stating that the First Lady had applied for immunity and that their office was processing the application. On the 19 August 2017, the investigating officer received a Minister Minute, from the office of the Minister of International Relations and Cooperation that granted the First Lady immunity and privilege, in accordance with Section 7 (2) of the Diplomatic Immunities and Privileges Act 2001 (Act No 37 of 2001). The docket will be sent to the Directorate of Public Prosecutions (Gauteng), for a decision.

Reply:

(a)(i)

PROVINCE	(a) (i) Total SAPS vehicles registered in 2014/15 financial year	(a) (i) Total SAPS vehicles registered in the 2015/16 financial year	(a) (i) Total SAPS vehicles registered in the 2016/17 financial year
WESTERN CAPE	7068	6873	6208
EASTERN CAPE	6202	6327	6072
FREE STATE	3856	3403	3207
NORTHERN CAPE	2370	2525	2430
KWA-ZULU NATAL	8393	7908	7529
MPUMALANGA	2500	2507	2700
LIMPOPO	4020	4637	3639
GAUTENG	9971	10171	8995
NORTH WEST	2393	2565	2402

(a)(ii)

PROVINCE	(a) (ii) Total SAPS vehicle licences renewed in the 2014/15 financial year	(a) (ii) Total SAPS vehicle licences renewed in the 2015/16 financial year	(a) (ii) Total SAPS vehicle licences renewed in the 2016/17 financial year
WESTERN CAPE	7064	6866	6204
EASTERN CAPE	6202	6327	6072
FREE STATE	3856	3403	3207
NORTHERN CAPE	2370	2525	2430
KWA-ZULU NATAL	8393	7908	7529
MPUMALANGA	2500	2507	2700
LIMPOPO	4020	4632	3636
GAUTENG	9971	10170	9970
NORTH WEST	2393	2565	2402

1. At the beginning of each month, a report is drawn from the Logweb. This report is circulated to all stations with the instruction to renew vehicle licenses. Follow up reports are drawn during the month and reminders are then circulated to stations with outstanding vehicle licenses. Stations are continuously reminded to renew vehicle licenses before the license expiry date. Provisioning Administration System (PAS) report with renewable licences are also circulated on a weekly basis, with early warnings to stations and units.

(c)(bb)(ii)

Province: Western Cape
SAPS Nr of vehicle licences not renewed, per financial year:	Reason for non-renewal of vehicle licence in each case:
2014/15
SAPS 174834F	Vehicle stolen (not recovered)
SAPS BPG114B	Vehicle stolen (recovered)
SAPS BPL494B	Vehicle stolen (recovered)
SAPS BTB484B	Vehicle stolen (recovered)
2015/2016
SAPS BPX656B	Vehicle stolen (recovered)
SAPS BRS958B	Vehicle stolen (recovered)
SAPS BSH415B	Vehicle stolen (recovered)
SAPS BSJ297B	Vehicle stolen (recovered)
SAPS BTG943B	Vehicle stolen (recovered)
SAPS BTH036B	Vehicle stolen (recovered)
SAPS BTH178B	Vehicle stolen (recovered)
2016/2017
SAPS BRK614B	Vehicle stolen (recovered)
SAPS BSL90B	Vehicle stolen (recovered)
SAPS BSR418B	Vehicle stolen (recovered)
SAPS BTL976B	Vehicle stolen (not recovered)

PROVINCE: LIMPOPO
SAPS Nr of vehicle licences not renewed, per financial year:	Reason for non-renewal of vehicle licence in each case:
2015/2016
SAPS BPR064B	Quad bike did not appear on pas report for renewal
SAPS BRT774B	Quad bike did not appear on pas report for renewal
SAPS BNY509B	Quad bike did not appear on pas report for renewal
SAPS BPW454B	Quad bike did not appear on pas report for renewal
SAPS BRB425B	Quad bike did not appear on pas report for renewal
2016/2017
SAPS BRG940B	Vehicle boarded and fleet manager ignored renewing licence for boarded vehicles
SAPS CXN246L	Vehicle boarded and fleet manager ignored the renewing the licence for boarded vehicles
SAPS BRZ257L	Vehicle boarded and fleet manager ignored the renewing licence for boarded vehicles

Province: Gauteng
SAPS Nr of vehicle licences not renewed, per financial year:	Reason for non-renewal of vehicle licence in each case:
2015/16
SAPS nr BSB823B	Vehicle stolen (not recovered)
2016/2017
SAPS nr BRR933B	Vehicle stolen (not recovered)

Reply:

1. Yes, the detective division at the Rabie Ridge Police Station in Gauteng, received one vehicle.

(2)(a) The total number of vehicles that the detective division has is 16 vehicles.

(2)(b) The total number of working vehicles is 14.

(2)(c) The first vehicle, on 2017-08-03 and the second vehicle on 2017-08-11.

(3)(a) There are currently 30 detectives at the Rabie Ridge Police Station.

(3)(b)(i) 17 members attended the detective course.

(3)(b)(ii) 17 members passed the detective course.

(3)(c) Each detective is currently investigating a total number of 215 dockets.

(4) The station currently has an ideal number of 16 vehicles for 30 detectives, which complies with the national ratio of two detectives, per vehicle.

Reply:

(a)(i)(cc) There were 846 murder cases reported against children, in the 2013/2014 financial year.

(a)(ii) There were 969 murder cases reported against children, in the 2014/2015 financial year.

(b) Weapons used, include the weapons used in the cases reported in question 217 and exclude the cases reported in paragraph (a)(ii) above, as it was included in the totals provided in question 2215)

	Total cases
Knife	604
Unknown	533
Firearms	397
Sharp instrument	203
Hands	177
Stick	78
Stone/brick	53
String/wire	30
Poison	25
Axe	23
Matches	22
Knobkerrie	19
Iron pipe	12
Booted foot	12
Panga	11
Water	11
Sjambok	11
Bottle	10
Belt	9
Screwdriver	8
Fire hose	6
Hammer	5
Fuel	5
Fist	5
Chain	4
Paraffin	3
Spear	3
Boiling oil	3
Petrol bomb	2
Candle	2
Garden fork	1
Broomstick	1
Iron	1
Hand grenade	1
Crowbar	1
Scissor	1

 

Reply:

(a) Trio Crime Task Teams have been established, in Clusters to address Trio Crimes, including farm attacks. The Trio Crime Task Teams are monitored by the Cluster Commander and the Deputy Provincial Commissioner: Crime Detection, in each province.

(b) The South African Police Service (SAPS) has increased police visibility through patrols and continuous engagement with farm owners and residents in rural areas.

The Divisions: Visible Policing and Crime Intelligence, monitor all incidents of violence against persons residing on farms and small holdings, in rural areas, on a daily basis. These incidents, including murder and other serious crimes, which occur on farms and small holdings are analysed and captured on a manual data base. This information is shared as operational information during the Rural Safety Priority Committee meetings, to guide the planning of crime prevention operations, programmes and projects to address root causes or contributing factors to crime, as well as to inform the community of current trends, tendencies and modus operandi of suspects, to enhance awareness.

Weekly incident analysis meetings, involving the Division Visible Policing, the Division: Crime Intelligence and the Crime Registrar, take place to analyse these incidents to determine flash points, particular crime trends, the modus operandi that is employed by criminals and other matters related to rural safety and security.

This operational information forms the basis for presentations to the quarterly National Rural Safety Priority Committee meetings, which is inter alia attended by organised agriculture and farming unions Agriculture South Africa (AGRI SA) and the Transvaal Agriculture Union of South Africa (TAU SA). In the event of an increase in the number of incidents, the relevant Provincial Commissioners are instructed to ensure that preventative measures are implemented with immediate effect.

Stakeholders are encouraged to be a part of these established structures to give constructive advice, regarding the policing of rural communities. These established structures are therefore utilised by stakeholders to enhance cooperation and coordination. The SAPS is committed to addressing all crime-related incidents, in rural areas as a priority.

Reply:

1. In reference to the stated incident, two suspects were apprehended by members of the public, immediately after the incident occurred, whilst the other two suspects were apprehended by members of the Sinoville Police Station. The fifth suspect, subsequently handed himself over to the Sinoville Police Station. All five suspects were profiled and three were found to have no prior, or pending cases against them. A charge of assault, with the intention to cause grevious bodily harm (GBH), was opened and registered at the Sinoville Police Station, Sinoville CAS 41/08/2017.

The suspect, Mr Marakalla, who was a member of the South African National Defence Force (SANDF), reported that he was the victim of an attempted hijacking during which he used his firearm to shoot at the alleged hijackers. A charge of attempted murder was opened and registered at Sinoville Police Station, Sinoville CAS 175/08/2017. Mr Marakalla was profiled and found to have no prior, or pending cases against him. The case docket was fully investigated and handed over to the Senior Public Prosecutor (SPP) to issue a J175 (apprehension of suspect). Mr Marakalla has been charged and the court date has been set for 5 October 2017.

It needs to be mentioned that each criminal case is assessed on its own merits in terms of prevailing circumstances. This implies that two separate cases cannot be compared to each other.

2. Prior to a person being arrested, it is essential that a proper investigation should be conducted in order for the case to be referred to the SPP and placed on the court roll. Deputy Minister Mduduzi Manana was arrested on Thursday, 10 August 2017 and appeared at the Randburg Court on the same day.

3. The South African Police Service cannot respond on behalf of the aforementioned Minister.

Reply:

(a)(i)(ii)(aa)(bb)(b)(c)(d)

(a) Number of Members	(i)(ii) Injury or Death	(aa) Past Three Financial Years	(bb) April 2017 to date	(b) Charge	(c) Date Action Taken	(d) Outcome of the Proceedings
1	Death	2014/2015	Nil	Murder Limpopo Regulation 20(z)	2014-06-02	Dismissal.
5	Injury	2015/2016	Nil	Assault Mpumalanga Regulation 20(p)(2)	2015-02-06	Three members were found guilty and given written warnings. Two members were not found guilty.
1	Death	2015/2016	Nil	Inquest Mpumalanga Regulation 20(e)(i)(p)(z)	2016-01-13	Counselling and suspension without remuneration for one month.
1	Injury	2015/2016	Nil	Assault Common KwaZulu-Natal Regulation 20(z)	2015-09-27	No departmental steps taken.
5	Injury to Dignity	2015/2016	Nil	Sexual Assault KwaZulu-Natal Regulation 20(p)(q)	2016-09-05	Pending – departmental hearing set for 2017-07-10 to 2017-07-12.

Reply:

(1) Bedfordview CAS 152/04/2017 was closed as it was a duplicate of Bedfordview CAS 205/04/2017.

(1)(a) Bedfordview CAS 205/04/2017 is currently still being investigated.

(1)(b) A charge of culpable homicide was registered.

(2) No suspect has been arrested.

(3)(a) A warning statement was obtained from the driver of the vehicle.

1. The warning statement was obtained on 29 May 2017.
2. The case docket will be submitted to the Senior Public Prosecutor for a decision, once all the relevant statements have been obtained.

(3)(b) Six witnesses have been interviewed.

 (i) The witnesses’ statements were obtained on 20 April 2017, 29 May 2017 and 30 May 2017.

 (ii) The case docket will be submitted to the Senior Public Prosecutor (SPP), for a decision once the investigation has been completed.

(4) The case docket will be submitted to the SPP, for a decision on prosecution, once the investigation has been completed.

Reply:

a) A total number of 5 019 recruits were entered into the Basic Police Development Learning Programme at the following training academies:

Academies	Entered
All Saints	205
Bhisho	423
Bishop Lavis	522
Chatsworth	180
Graaff-Reinet	174
Mthatha	211
Oudtshoorn	450
Philippi	655
Tshwane	2 058
Ulundi	141
Total	5 019

(b)(i) 4 881 Police Recruits graduated.

(b)(ii) Graduates, for the 2016/2017 financial year, per academy, are as follows:

Academies	Graduated
All Saints	205
Bhisho	423
Bishop Lavis	543
Chatsworth	180
Graaff-Reinet	174
Mthatha	211
Oudtshoorn	291
Philippi	655
Tshwane	2 058
Ulundi	141
Total	4 881

In addition to above, a total number of 70 police trainees were invited to join the programme, as their Memorandum of Agreements were suspended, due to medical reasons. The aforementioned members were, however, assigned their administrative duties at various police stations and, therefore, graduated in 2016/2017.

Reply:

(1) The Germiston Police Station has five sectors.

(2)(a) The police station has 149 visible policing members.

(2)(b)(i) One vehicle has been allocated to each sector.

(2)(b)(ii) A vehicle has not been allocated to the Community Service Centre, however, should personnel stationed there require a vehicle, one is made available.

(2)(b)(iii) Ten vehicles are available for other policing functions.

(3)(a)(i) According to the fixed establishment, the Germiston Police Station has a shortage of four officers between levels 8 to 12, and has a surplus of 35 employees between levels 3 to 7, within the visible policing environment.

(3)(a)(ii) The police station does not have a shortage of vehicles.

(3)(b) The Germiston Police Station, will receive one vehicle by the end of October 2017. Critical vacancies, for salary levels 8 to 12, were identified and posts were requested from Head Office, as critical funded posts. However, it needs to be mentioned that posts can only be filled, once the moratium on promotion is uplifted and posts are made available.

Reply:

(1)(a) The Private Security Industry Regulatory Authority (PSIRA) is governed by a Council, which is equivalent to a Board. The Council is appointed under section 6 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001), by the Minister of Police, in consultation with Cabinet.

(1)(i)(aa) and (bb)

- Chairperson of the Council appointed on 19 April 2015 until 20 April 2018, for a period of three (3) years.

- Deputy Chairperson of the Council appointed on 1 January 2017 until 31 December 2020, for a period of three (3) years.

- 3 (Three) Members of the Council appointed on 1 January 2017 until 31 December 2020, for a period of three (3) years.

(1)(ii)(aa) and (bb)

The Council has five (5) members as prescribed by the Private Security Industry Regulation Act, 2001, of which three (3) are males and two (2) are females.

(1)(a) The Minister of Police is empowered under section 15V of the South African Police Service Act, 1995 (Act No. 68 of 1995), to appoint the chairperson, deputy chairperson and members on a part-time basis to the National Forensic Oversight & Ethics Board (Oversight and Ethics Board). The functions of the Oversight and Ethics Board are to monitor the implementation of legislation pertaining to the use of DNA in combating crime; to advise the Minister of Police; to provide oversight over functions performed by the South African Police Service; to handle complaints relating to the use of DNA in combating crime and to make recommendations to, amongst others, the South African Police Service and the Independent Police Investigating Directorate.

(1)(i)(aa) and (bb)

Nine (9) members of the Oversight and Ethics Board were appointed on 27 January 2015 until 26 January 2020, for a period of five (5) years and one (1) member was appointed on 01 April 2016 until 31 March 2021, for a period of five (5) years.

(1)(ii)(aa) and (bb)

The Oversight and Ethics Board has ten (10) members of which eight (8) are females and two (2) males.

(1)(b) Section 10 of the South African Police Service Act, 1995, establishes the Board of Commissioners, consisting of the National and Provincial Commissioners. The functions of the board are to promote co-operation and co-ordination in the Service. The board is presided over by the National Commissioner or his or her nominee and the board shall determine its own procedure. The National Management Forum, inclusive of the top management of the South African Police Service on National and Provincial level serves as the Board of Commissioners. It is, however, not a Board in the traditional sense, but an internal management and coordination mechanism.

The Civilian Secretariat for Police is established and regulated by the Civilian Secretariat for Police Service Act, 2011 (Act No. 2 of 2011), which Act does not provide for the appointment of a Board.

The Independent Police Investigative Directorate (IPID) is established and regulated by the Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011), which Act does not provide for the appointment of a Board.

(2)(a) and (b) Not applicable.

Reply:

No. The Acting National Commissioner is not currently reviewing the ranks of South African Police Service (SAPS) members, who are members of the Umkhonto weSizwe Military Veterans Association.

a) In 2015, the former Minister of Police established a re-Ranking Committee to investigate and make a recommendation on the ranks of all former Non Statutory Force Members (Umkhonto weSizwe and Azanian People’s Liberation Army), who complained that they were prejudiced during the integration of the Security Forces, as their training, experience and responsibility were not considered when granting them their ranks, during the integration into the SAPS process.

The majority of these members were granted the ranks of Temporary Constable and Lance Sergeant, at the time.

b) The SAPS re-Ranking Committee is currently preparing a report and recommendations to the Minister of Police.

c) However, R4 000 000,00 is available for the project team.

d) A decision has not been made as to which portion of the budget this amount will come from.

Reply:

(1) The internal disciplinary process has not been completed.

Advocate Tip, Senior Council (SC), who was appointed as the Chairperson of the disciplinary inquiry at the time, informed the South African Police Service (SAPS), in December 2012, that he could no longer fulfil the role, due to his involvement in the Marikana Commission of Inquiry.

The former National Commissioner, General Phiyega, was requested to appoint a new Chairperson, early in January 2013, but no such appointment was effected up until her suspension from office, in October 2016.

After his appointment as the Acting National Commissioner, Lieutenant General Phahlane reactivated the process.

(2)(a) The process was initiated on 2 July 2012.

(2)(b) Advocate Tip, SC was initially appointed as the Chairperson, but due to his involvement in the Marikana Commission of Inquiry, his appointment as chairperson was terminated in December 2012. He was replaced with Advocate T Motau, SC in April 2016.

Advocate Myburgh, SC was appointed as the Employer Representative, but was later replaced with Advocate Mokhari, SC in April 2016. Advocate Mokhari’s brief was terminated and Advocate Maenetje, SC was appointed in October 2016.

(3) The employee’s first appearance in the disciplinary inquiry was on, 25 July 2017. At the first appearance the following arrangements were agreed upon:

14 August: employee must deliver request for further particulars

28 August: employer to answer

11 September: point in limine to be raised by employee

25 September: employer to answer

30 September: heads of argument to be exchanged

7 October: points in limine to be argued

1, 2, 3 November: matter to proceed on trial

(4)(a) The employee opted to structure his all-inclusive flexible remuneration package, to make provision for a 13th cheque and as such, no service bonus was “awarded”.

(4)(b) Not applicable, due to paragraph (4)(a), above.

Reply:

a) No, all the duties have been suspended.

b) Members of Public Order Policing (POP) Unit in Empangeni have provided static protection duties at the residence of Minister Nhleko, in the Umthinzini, area since 2014. These duties were suspended on 20 July 2017.

(i)(aa) Two POP members from Empangeni were deployed, per shift - four members per day for 24 hours.

(i)(bb) One Nyala vehicle was deployed on a 24 hour basis. At times, it was supplemented with a soft top vehicle (bakkie/sedan), when the Nyala was required for public order policing duties.

Reply:

(1)(a)(b)(i)(ii)(iii), (2)(a)(b) and (3) The information is not readily available and must be obtained from the Crime Administration System (CAS). A request is hereby made for an extension, in order for the correct information to be provided.

Reply:

(a)(i)(ii) Yes.

(b)(i)(ii) Yes.

Reply:

(a)(i) A web-based application system has been developed to calculate the number of human resource posts, per level, that are required to perform the duties associated with police stations. The system is called the Theoretical Human Resource Requirement (THRR). The system was developed, whereby ratio analyses and standard times were established for the activities or tasks performed at police stations. Direct work measurement, in the form of time studies and activity sampling, as well as indirect work measurement, in the form of analytical estimates, was used to determine standard times for these policing activities or tasks. The determining of a human resource allocation for police stations in the South African Police Service (SAPS), is a dynamic process, which is influenced by various factors (variables), the internal environment, the external environment as well as taking contingency factors (i.e. absence/leave from duty) into account.

The level of the station commander is determined according to the job weight range (calculated theoretical ideal number of posts) associated with the level of a station commander post. A benchmark exercise was conducted to determine a correlation between the THRR system and the Equate Job Evaluation System, which is utilised for the grading of posts in the broader public service and the outcome thereof, indicates a high correlation (96%) between the two systems. The table below depicts the job weight ranges for station commander level, as determined by the THRR and Equate Job Evaluation Systems:

STATION COMMANDER LEVEL	JOB WEIGHT RANGE THRR	JOB WEIGHT RANGE EQUATE SYSTEM
	LOWER LIMIT	UPPER LIMIT	GRADE (PUBLIC SERVICE ACT)	GRADE (POLICE SERVICE ACT)	MINIMUM	MAXIMUM
8 – Captain	36	90	8	BAND C (Captain)	454	506
10 - Lieutenant Colonel	91	180	9	BAND D (Lieutenant Colonel)	507	559
			10		560	611
12 – Colonel	181	360	11	MMS Band (Colonel)	612	663
			12		664	716
13 – Brigadier	361	Higher	13	SMS1 Band (Brigadier)	717	769

(ii)(aa)(bb) The weight and grading of the post of a station commander (Colonel and Brigadier included) and the lower-level command structure, is based on the evaluation of various factors including crime, environmental factors and policing activities. These will have a definite impact on the factors considered:

• • • Developments in the regulatory framework – in relation to changes to the legislation of the country (By-laws, Traffic Ordinance, Amendments to Acts/Statutes and all other applicable legislation, that will have a direct impact on policing at local level);
    • Environmental developments/factors - New developments in the country in the external environment, for instance: the migration rate, increasing unemployment rate, mushrooming of informal settlements, the integration of undocumented people into the population density factor and residential and business developments, are constantly having an impact on policing methods and human resourcing at local level;
    • Organisational developments – in relation to the need to enhance service delivery at local level;
    • Management needs – in relation to functions that must be added at local level policing to ultimately enhance service delivery;
    • Norms, per type of crime and patterns;
    • Contingency allowances – rest allowances and absenteeism;
    • Demographic layout of a police station area - urban/rural/urban rural mix settlement types;
    • Infrastructure in a police station area;
    • Area size of a police area;
    • Population dynamics;
    • Police station infrastructure; and
    • Distances travelled to courts/places of safety/health and forensic laboratories/mortuaries and correctional facilities.

The annual application of the THRR for police stations, is essential to determine the personnel requirement in a standardised method. This is, however, affected by the fixed establishment (FE), which is purely dependent on the availability of funds, in terms of the current budget and the Medium Term Expenditure Framework (MTEF). Currently, the SAPS is not able to fund the theoretical requirements for police stations, due to budgetary constraints.

(b) Minimum human resource implication at a Colonel level is 181 personnel and the maximum is 360 personnel. The minimum human resource implication at a Brigadier level is 361 and higher.

Most of the police stations are barely capacitated at their minimum human resource requirement, due to budgetary constraints e.g. a Colonel police station which requires a minimum of 181 personnel, is currently capacitated at 150.

An analysis of a three year comparison of police stations’ THRR, must be conducted. Police stations, whose results are calculated above the upper limit of its assigned category, after a period of three consecutive years, must be considered for upgrading. The rule is that police stations must at least be capacitated to the maximum of their current category, before they can be considered for upgrading (bottom-up approach). Due to the fact that the SAPS is not receiving additional posts, most of the qualifying police stations are upgraded without meeting this requirement (top-down approach), hence the majority of police stations are not capacitated at their minimum requirements.

 

Reply:

a) No disciplinary proceedings were initiated in 130 cases, due to service terminations. The details are reflected in the table below:

Types of termination	FINANCIAL YEAR	TOTAL
	(i) 2012/2013	(ii) 2013/2014	(iii) 2014/2015	(iv) 2015/2016	(v) 2016/2017
Resignation	22	19	32	26	21	120
Death	-	-	2	4	2	8
Retirement	-	-	-	1	1	2
TOTAL	22	19	34	31	24	130

b) The categories of offences, in accordance with section 28 of the Independent Police Investigative Directorate (IPID) Act, 2011(Act No 1 of 2011), for which disciplinary proceedings were not initiated, as required by section 30, are reflected in the table below:

Categories of offences, in terms of sec 28	(i) 2012/2013	(ii) 2013/2014	(iii) 2014/2015	(iv) 2015/2016	(v) 2016/2017	TOTAL
Death in police custody	-	-	1	-	1	2
Death as a result of Police action	-	-	2	7	2	11
Discharge of firearm	1	2	2	2	4	11
Rape by police officer	-	-	8	1	2	11
Rape in police custody	-	-	-	1	1	2
Torture/Assault	9	9	15	13	10	56
Corruption	3	-	-	3	1	7
Any other Criminal offence	9	8	6	4	3	30
TOTAL	22	19	34	31	24	130

Reply:

1. The Provincial Head: Directorate for Priority Crime Investigation (DPCI), KwaZulu-Natal.

2. Yes, provincial heads were appointed in each province.

Reply:

(a) Polokwane Police Station.

(a)(i) The Fixed Establishment (FE) for the Polokwane Detective Service, is as follows:

Rank	Posts
Police Service Act
Colonel	1
Lieutenant Colonel	4
Captain	5
Warrant Officer	12
Sergeant	17
Constable	25
Total:	64
Public Service Act
Data Typist	5
Admin Clerk	2
Secretary	1
Total:	8

(a)(ii) A total of 48 South African Police Service (SAPS) Act posts are filled and eight Public Service Act (PSA) posts are filled.

(a)(iii) A total of 16 SAPS Act posts are vacant and no PSA posts are vacant.

(a)(iv) No officers have been transferred from the station to the Cluster Office, since the beginning of the 2017/2018 financial year, to date.

(a)(v) Not applicable.

(b) Seshego Police Station.

(b)(i) The FE for the Seshego Detective Service, is as follows:

Rank	Posts
Police Service Act
Colonel	1
Lieutenant Colonel	4
Captain	5
Warrant Officer	6
Sergeant	7
Constable	9
Total:	32
Public Service Act
Data Typist	0
Admin Clerk	0
Secretary	0
Total:	0

(b)(ii) A total of 30 SAPS Act posts are filled.

(b)(iii) Two SAPS Act posts are vacant.

(b)(iv) Four SAPS members have been transferred from the Police Station to the Cluster Office, since the beginning of the 2017/2018 financial year, to date.

(b)(v) The FE of the Police Station is not affected when officers are transferred from the Police Station and therefore does not need to be amended.

Reply:

(1) The reply did not include Lieutenant General Mdluli and General Phiyega, however, the response with regards to the above managers, was provided in question 1042, which specifically requested such details, at the time and a reply was provided.

(2) Yes, Lieutenant General Mdluli and General Phiyega’s suspension details, were provided in other questions, which were dealt with simultaneously in question 1042, which specifically requested their suspension details.

Reply:

(1)(a) The panel was constituted on 8 August 2017.

(1)(b)(i) Employer Representative: Advocate MJ Ramaepadi and Chairperson: Advocate Terry Motau SC.

(1)(b)(ii) Both functionaries are practicing advocates at the Johannesburg Bar.

(2) Yes, the specified person has been placed on precautionary suspension, with effect from 10 June 2017.

Reply:

Yes, action has been taken.

a) The matter is being dealt with internally. The Acting National Head: Directorate for Priority Crime Investigation (DPCI), has also been requested to conduct an investigation.

b) There are no further, relevant details.

Reply:

(1)(a) Four members per shift, for five sectors.

(1)(b) Two vehicles per shift, for five sectors.

(2)(a) Two members per shift, per sector.

(2)(b) One vehicle per sector, for five sectors.

(3)(a)(i) Short-fall officers – six

(3)(a)(ii) Vehicles – three

(3)(b) Members will be allocated upon receipt of the 2017/18 new recruits. The station has currently four vehicles in the garage, no new allocations will be made for this financial year.

Reply:

1. Yes, the Primrose Police Station received two vehicles for visible policing.

(1)(a) Not applicable.

(1)(b) Not applicable.

2. Yes, the Primrose Police Station receive three additional visible policing members.

(2)(a) Not applicable.

(2)(b) Not applicable.

3. There are currently 80 visible policing members at the Primrose Police Station.

.

Reply:

1. No, only four members from visible policing were sent to detectives.

(1)(a) Due to the number of pending service terminations and the hampering of service delivery.

(1)(b) The remaining number of members will be allocated upon receipt of the 2017/18 new recruits.

(2) 76 members.

Reply:

(1) Yes, the Tembisa Police Station received the additional seven visible policing vehicles.

(1)(a) Not applicable.

(1)(b) Not applicable.

(2) No, the current shortage of visible policing members is nine, six members were allocated.

(2)(a) The visible policing component is currently only short of three members, due to the number of pending service terminations and the hampering of service delivery.

(2)(b) The remaining number of members will be allocated upon receipt of the 2017/18 new recruits.

(3) The Tembisa Police Station has a current number of 220 visible policing members.

Reply:

1. Yes, the Tembisa South Police Station has received two additional vehicles for the visible policing section.

(1)(a) Not applicable.

(1)(b) Not applicable.

2. Yes, the station received 24 additional visible policing members.

(2)(a) Not applicable.

(2)(b) Not applicable.

3. The Tembisa South Police Station has a total number of 74 visible policing members.

Reply:

(1) 52 members have been declared competent in their firearm competency. The remaining number of members are awaiting the call–up instruction.

(2)(a) Boksburg North Police Station have 138 members.

(2)(b)(i) 31 members attended their firearm competency test, since 1 January 2017.

(2)(b)(ii) 0 members failed their firearm competency test, since 1 January 2017.

Reply:

1. The question refers to “entities” and associated “boards” or “councils”.

2. The inference does not refer to departments such as the South African Police Service (SAPS).  The question therefore, is not appropriate for the SAPS to answer.

3. Public entities are defined in section 1 of the PFMA, 1999 (National and Provincial entities).  PSIRA is listed as such an entity.  The CSP and IPID are also departments as listed in the Public Service Act.

 

Reply:

(1) The number of incidents on farms and small holdings for August 2017, cannot be confrimed, as it is currently undergoing a verification process according to the definition for incidents of farms and small holdings.

(1)(a) To increase capacity at rural police stations in order to ensure equitable policing services to the rural communities. The following policing actions are taken to address safety in rural areas:

• hot spots were identified where incidents occur;
• analysis of incidents in order to determine the trends and modus operandi;
• operations to prevent crime conducted in hot spots;
• increase patrols in hot spots
• visit farm owners;
• simulation exercises to test the reaction capacity to incident specifically on farms;
• Priority Committee meetings for Rural Safety on all levels are conducted;
• awareness campaigns;
• capacity building sessions with Rural Safety Coordinators on all levels; and
• compliance inspections at rural police stations.

(1)(b) Priority continues to be provided to murders that occur on farms. Murders on farms are addressed within the Rural Safety Strategy, which is still in place and is implemented at rural and rural/urban police stations. The status of the implementation of the Rural Safety Strategy is an indicator in Programme 2: Visible Policing, in the Annual Performance Plan (APP) of the South African Police Service, for the current financial year (2017/2018).

2. Rural Safety, which includes food security, is a priority to the South African Police Service. There is no plan in place to establish specialised units, which will only address incidents and murders on farms. The plan is to increase the capacity of rural police stations, to ensure that they can provide equitable police services to all citizens, within rural communities and this includes people staying and working on farms.

3. A statement concerning the capacity building at rural police stations, will be made when the planning is completed and a plan with an allocated budget is in place.

Reply:

The Clusters do not have a rapid reaction capacity. The reaction capacity towards all incidents is already in place and resorts at the police stations. The Cluster Commander can, at any time, mobilise inter-police stations reaction, when and where needed.

 

Reply:

a) Since the approval of the reservist policy, by the former Minister of Police in 2012, the implementation of the new reservist policy is still in progress. The approved policy for reservists does not cater only for farming or rural areas but it was developed to cover ALL the provinces of South Africa and to manage the command and control of reservists at police stations.

b) The total number of reservists who have been enlisted in terms of the policy:

PROVINCE	ACTIVE RESERVISTS
Gauteng	3 182
Western Cape	1 649
Eastern Cape	1 191
KwaZulu-Natal	572
Free State	844
Mpumalanga	1 226
North West	934
Northern Cape	815
Limpopo	1 584
TOTAL	11 997

c) The response with regards to the total number of newly enlisted reservists that were employed from the farming and/or rural areas of the country, will be submitted in due course.

Reply:

a) No instruction was given with regards to the arrest of the suspect in this case. Assault Common is not a Schedule 1 offence, as set out in the Criminal Procedure Act, 1977 (Act No 51 of 1977), and therefore, the correct procedure was followed in this case.

b) Not applicable.

Reply:

1. The Cluster Commander, Major General MV Leshabane, did not promise to build a police station, as per the article on the front-page of the Tembisan, dated 14 July 2017. The entourage of the Mayor of the Ekurhuleni Metropolitan Municipality, was summoned by the community of Birch Acres, to answer on questions regarding service delivery and requested the Mayor’s office to provide land for the building of a police station.

a) No, the building of a new police station has not been budgeted for.

b) Not applicable.

c) Not applicable.

d) Not applicable.

Reply:

1. The Elsburg Police Station has three sectors.

(2)(a) The police station has 81 visible policing members.

(2)(b)(i) One vehicle has been allocated to each sector.

(2)(b)(ii) One vehicle has been allocated to the Community Service Centre.

(2)(b)(iii) One vehicle is utilised for other policing functions.

(3)(a)(i) According to the fixed establishment, the Elsburg Police Station has a surplus of 12 members within the visible policing environment.

(3)(a)(ii) The Elsburg Police Station does not have a shortage of vehicles.

(3)(b) The Elsburg Police Station has a surplus of 12 members, within the visible policing environment. By the end of October, one vehicle will be provided to the Elsburg Police Station.

Reply:

The current database cannot give the breakdown of such information however it reflect that the majority of the companies are black owned.

Reply:

(a) According to PSiRA’s records as at end August 2017, there are just under 500 000 registered active employee security officers deployed by over 9 000 registered and active security businesses. These security businesses and employee security officers represent all the different categories or classes of security service providers as defined in the Private Security Industry Regulation Act, with the majority, falling within what is generally described as the guarding sector.

The geographic breakdown of the private security industry was at August 2017 as follows:

Registered and active security businesses per province:

• Gauteng - 3 789
• Eastern Cape - 707
• Western Cape - 1 019
• Limpopo - 827
• N/West Prov. - 367
• Free State - 217
• N/Cape - 141
• KZN - 1 444
• Mpumalanga - 533

Total - 9 044

Registered and active security officers per province:

• Gauteng - 194 358
• Eastern Cape - 42 996
• Western Cape - 54 900
• Limpopo - 37 438
• N/West Prov. - 26 756
• Free State - 16 233
• N/Cape - 4 706
• KZN - 87 335
• Mpumalanga - 34 774

Total - 499 496

(b)(i) All security businesses are required to report to PSiRA, in terms of the Private Security Industry Regulation, 2002 the details of any security officer employed or deployed within 10 days. PSiRA therefore keeps records of all security officers employed and reported by the 9 044 registered and active security businesses. Details of each business as well as the details of the security officers in its employ can be provided.

(b)(ii) The positions each of the security officers hold within the security business are not known to PSiRA and it is also not a requirement for businesses to report information of this nature to PSiRA. The regulator does however record the details of the owners/partners/members/directors, etc. of security business on an electronic database or register of security service providers

Reply:

(a) The purpose of the Private Security Industry Regulation Act 56 of 2001 is to provide for the regulation of the private security industry. The purpose of the PSiR Act is to establish a regulatory Authority and to provide for matters connected with the regulation of the industry.

The primary object of PSiRA is to regulate the private security industry and to exercise effective control over the practice of the occupation of security service providers in the public and national interest and the interest of the private security industry itself.

Basic to the regulation of the security industry is the requirement that all those who fall within the definition of “security service provider” and who propose to render a “security service”, must comply with registration procedures and be registered before becoming active in the industry. The PSiR Act therefore set reasonable and appropriate registration requirements that must be satisfied by applicant security businesses, their owners as well as all security officers. The basic object of these registration requirements is to achieve a trustworthy, legitimate and competent private security industry which has the effect that not all applicants will be able to secure legitimate entry to the industry and that the admission to or exclusion from the industry is based on proper grounds.

One of the registration requirements is that a person may not have been convicted of a criminal offence as highlighted in a Schedule to the PSiR Act. Any person convicted of a Scheduled offence will be disqualified from registration. In addition, a person found guilty of a Scheduled offence after registration as a security service provider, registration may be withdrawn by the PSiRA. The PSiR Act therefore provides for screening of all persons prior to registration in order to eliminate undesirable individuals from entering the industry in the first place. Part of this screening also includes an official clearance certificate for any ex-members of any official military, security, police or intelligence force or service (in or outside the Republic) to determine whether the applicant is fit and proper.

In addition, the conduct of the private security industry is also regulated in terms of a statutory Code of Conduct for Security Service Providers, 2003, made in terms of section 28 of the Act. This Code provides for rules and obligations a security service provider has towards the state security agencies, the public, clients, etc. Any contravention of the Code constitute improper conduct and a security service provider convicted, are subject to a variety of penalties or sanctions which includes withdrawal of registration as a security service provider or a fine of up to R1 million per count.

The PSiRA has not convicted any security service provider for human rights violations during apartheid but have generally prosecuted security service providers for human rights offences conducted in the course of their deployment as security officers. This is particularly in cases where security officers abuses their powers and the use of disproportioned force.

(b) As far as violations in other countries are concerned, and although the PSiR Act do have extraterritorial application, there are limitations in the Act. These limitations are being addressed in the Private Security Industry Amendment Act, which is currently with the President for promulgation

Reply:

(a) The information that has been requested cannot be provided, as it is sensitive in nature and its disclosure may compromise safety and security.

(b) The information that has been requested cannot be provided, as it is sensitive in nature and its disclosure may compromise safety and security.

Reply:

(1)(a) and (b) The response to these questions are similar than the reply under question 2278 above.

(2) Minimum conditions of employment for the private security industry are determined by the Minister of Labour. Other than what is provided for in terms of the Compensation for Occupational Injuries and Diseases Amendment Act, 1997 (Act No. 61 of 1997), there is currently no other provision for medical cover or aid for security guards in terms of labour legislation or the Private Security Industry Regulation Act, 2001.

Reply:

(a) The PSiRA and SAPS Central Firearm Registry previously embarked on an audit of the Firearm Registry’s database in respect of security businesses. This audit focused on the different categories or classes of security service providers where the use of firearms are more prevalent, such as the general guarding sector, assets in transit services, reaction services, close protection and the anti-poaching sector.

Whilst PSiRA plays a role in assisting with the control of firearms within the industry, the ultimate control responsibility lies with the office of the Central Firearms Register (CFR) of the South African Police Service (SAPS) who is responsible for not only considering firearm license applications, but also monitoring compliance in terms of the Firearms Control Act.

The scope of the audit primarily focused on identifying the security business from the 8 345 institutions licensed for firearms by the Central Firearms Register. From the audit conducted, PSiRA identified 3 340 security businesses licensed for firearms. Although the audit did have some limitations, it revealed that of the 122 788 firearms that were licensed to the 8 345 institutions, 101 612 (83 %) thereof were licensed to the private security industry.

Firearm control within the private security industry is high on the agenda of both PSiRA and SAPS. Following on from a Memorandum of Agreement signed between the two entities, a firearms sub-committee has been established to improve firearm control within the industry. The sub-committee is currently implementing the following:

• Database integration and access to both entities;
• Enhancing the institution database to include coding for all security businesses licensed for firearms in order to extract the details of these businesses more accurately and timeously;
• Sharing of information between the two entities and reporting any changes in relation to registration statuses, addresses, investigations, etc. of security businesses by either entities; and
• Joint inspections and operations.

Reply:

PSiRA is involved in a number of operations with different stakeholders, including the SAPS. These operations are initiated by PSiRA or at times, the SAPS. The focus of these operations is on compliance in terms of the PSIR Act which includes the deployment of registered and trained security officers, illegal immigrants and compliance with the Firearms Control Act. During the 2016/2017 financial year, 26 PSiRA/SAPS operations were held that resulted in the arrest of 390 security officers. Of these 390 security officers, 387 were arrested for not being legally registered with PSiRA.

In addition to PSiRA inspections and investigations conducted, certain areas of non-compliance by the private security industry also warrant criminal prosecution and this forms part of the PSiRA’s enforcement strategy.

Investigations are conducted to detect unregistered security service providers as well as other criminal contraventions of the Act for the purposes of opening criminal cases against them with the South African Police Service.

During the 2016/2017 financial year, a total of 855 criminal cases were opened by inspectors of the Authority compared to 686 cases during the 2015/2016 financial year.

As at 31 March 2017, a total of 2 243 criminal cases were pending with the South African Police Services countrywide against security service providers where PSiRA opened the cases for contraventions of the PSiR Act and regulations.

Reply:

(a) In terms of the Private Security Industry Regulation Act, 2001 there is no statutory obligation by the private security industry to report any injuries or fatalities of security officers to PSiRA. However, all security businesses must be lawfully registered with the office of the Compensation Commissioner and report any workplace accidents to the Compensation Commissioner in terms of the Compensation for Occupational Injuries and Diseases Amendment Act, 1997 (Act No. 61 of 1997) and the circumstances relating to the injury, illness or death of an employee.

In view of the fact that security businesses are not required to report the above information to PSiRA, the security regulator liaises with the office of the Compensation Commissioner to obtain said information. The Compensation Commissioner’s gave the following information of workplace accidents within the private security industry from 1 April 2016 to 28 February 2017:

1.1 Injuries on duty - 5 705; and

1.2 Fatalities on duty - 14

In addition to the above, the PSiRA also liaises with the Private Security Sector Provident Fund (PSSPF), established in terms of Sectoral Determination 6 by the Minister of Labour. The PSSPF provides for, inter alia, retirement benefits, death benefits and permanent disability cover for security service providers in the guarding sector. Whilst the PSSPF is not in a position to differentiate between death and disability in or outside of the workplace, the following statistics in respect of claims received from 1 April 2016 to 31 March 2017 were provided in respect of security officers:

1.1 Death claims - 1 213

1.2 Disability claims - 270

In view of the challenges in obtaining statistical information in respect of the foregoing and PSiRA’s reliance on the office of the Compensation Commissioner to provide said information, the Authority is in the process to sign a Memorandum of Understanding with the Department of Labour. This agreement will include the sharing of information on injuries and fatalities of security officers on duty.

(b) Compensation for injuries on duty is provided for in terms of the Compensation for Occupational Injuries and Diseases Amendment Act, 1997 (Act No. 61 of 1997) and depends on the nature of the injury. The Private Security Sector Provident Fund established in terms of Sectoral Determination 6 by the Minister of Labour, also provides for death benefits and permanent disability cover for security service providers in the guarding sector. The benefits includes, inter alia, life cover for a member and spouse up to R30 000-00 as well as life cover for the member’s children.

Reply:

(a)(i)(aa)(bb)(cc)(ii)(b)(i)(ii)(iii)(iv)(v) The information is not readily available, as each case must be perused and verified. A request is hereby made for an extension, in order for the correct information to be provided.

Reply:

(a)(i)(ii) At the time of the meeting, held on 13 June 2017, the ranks and operational positions of the members in question were as follows:

Colonel Smanga Simelane	Section Commander: Crime Intelligence Cluster Commander, Orlando West
Colonel Feroz Khan	Section Commander: Counter Intelligence Investigations, Head Office

(b) Both the officers attended the meeting on the instruction of the then Acting Divisional Commissioner: Crime Intelligence, Major General PM Mokushane. This was an open meeting for all personnel of the Division: Crime Intelligence (all ranks).