Questions and Replies

Reply:

in line with question 727 here is the answear

(1) No. Research to compare the levels of brutality of murders on farms, with those of murders in urban areas, has not been conducted by the South African Police Service (SAPS).

(2)(a) 17 Murders on farms and small holding were reported to SAPS from 1 January 2017 to 31 March 2017.

(2)(b) In four cases, four firearms were stolen.

(2)(c) One firearm was retrieved.

(2)(d) In five cases, five perpetrators were arrested.

Reply:

(a)(i) Two teachers from the Bothitong High School have had complaints of rape/or sexual assault laid against them, with the South African Police Service (SAPS).

(a)(ii) Bothitong CAS 35/08/2017 - Sexual Assault: reported to the SAPS on 2017-08-22.

Bothitong CAS 1/09/2017 - Attempted Rape: reported to the SAPS on 2017-09-01.

b) Bothitong CAS 35/08/2017 - Sexual Assault.

• The suspect in question was arrested on 2017-09-01.
• The bail hearing was held on 2017-09-04, but was postponed to 2017-09-05, when bail was granted. According to the bail conditions, the suspect must report to the Bothitong Police Station twice a day, three times a week. The suspect must not make contact or interfere with the victim or any of the witnesses.
• The court case has been postponed to 2017-10-24.
• The teacher has been suspended.

Bothitong CAS 1/09/2017 - Attempted Rape.

• The suspect in question was arrested on 2017-09-01.
• The bail hearing was held on 2017-09-04, but was postponed to 2017-09-08 when bail was granted. According to the bail conditions, the suspect must report to the Bothitong Police Station twice a day, three times a week. The suspect must not make contact or interfere with the victim or any of the witnesses.
• The court case has been postponed to 2017-10-24.
• The suspect has been suspended.

(c) An awareness campaign was conducted at the school and was escalated to the surrounding schools, where leaners were told about their rights and where cases should be reported to. The awareness campaign has resulted in additional cases being reported, which are under investigation. The awareness campaign focused on informing learners of their rights and of the bail conditions that are applicable to the suspects.

Reply:

(a) SASSA made payments to the said service provider in accordance with the Service Level Agreement entered into between the two entities for the implementation of the Integrated Community Registration and Outreach Programme (ICROP) over a period of three years.

(i) The contract between the Agency and the service provider is managed at SASSA Head Office and the payments are made directly to the contracted service provider.

(ii) Not applicable

(b) Payments were made for service rendered in accordance with the SLA referred to in (a)

(d) Refer to (i)

Reply:

The total number of service firearms that have been reported as (i) missing and (ii) stolen:

b) The total number of service firearms that have been reported as (iii)(lost) in each province (aa) in the (aaa) 2014-15, (bbb) 2015-16 and (ccc) 2016-17 financial year

1. Since 1 April 2017 the total number of the specified firearms that has been recovered in each case is:

This information is for the period 1 April 2017 until 31 July 2017.

Reply:

a) The process of the transferring of personnel, stationed at Crime Intelligence Head Office, has not yet been initiated.

It needs to be mentioned that not all Crime Intelligence personnel, stationed at the Crime Intelligence Head Office, will be transferred to Crime Intelligence Cluster Stations.

Personnel from the Crime Intelligence Head Office, with the skills and ability to function at Crime Intelligence Cluster Stations, will be identified for placement, to capacitate those Crime Intelligence Cluster Stations, with the highest incidence of reported crime.

b) The process of transferring personnel from the Crime Intelligence Head Office, will be done in accordance with the provisions of the South African Police Service (SAPS) Transfer Policy and Procedures and the Safety and Security Sectoral Bargaining Council Agreement, 5 of 1999.

The employee to be transferred will be issued with a notice of intended transfer, which will give the employee an opportunity to make representation concerning the transfer, within a period of 21 days.

The employee’s representation will be considered and a final decision will be communicated to the employee concerned, within 21 days after his or her representation.

Reply:

a)  The Rail Transport Branch and PRASA as an implementing agency, is currently responsible for the Moloto Rail Development Corridor Project.

b) (i) The Moloto Rail Development Project is currently not funded. The Department submitted an application for funding to National Treasuary.

(b) (ii) Refer (b) (i)

(c) Refer to (b) (i)

(d) (i) (Refer to (b) (i)

(e) Refer to (b) (i)

(f) Refer to (b) (i)

(g)Refer to (b) (i)

(h) Refer to (b) (i)

Reply:

(1)(a)(b)(c)(d)(i) Colonel MH Modise, Unit Commander of the Provincial Investigation Unit, Gauteng.

(1)(a)(b((c)(d)(i)(ii) Captain AN Mthethwa, Provincial Investigation Unit, Gauteng; Constable TR Shongwe, Provincial Investigation Unit, Gauteng; and

Constable M Mosia, Provincial Investigation Unit, Gauteng.

(2)(a) The police officers were not in the Parliamentary precinct to “execute, serve or tender for service any summons, subpoena or other processes issued by a court; or to arrest another person,” as contemplated in Section (5)(a) and (b) of Chapter 2 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004 (Act No. 4 of 2004). The police officers were in the Parliamentary precinct to inform Mr Steenhuizen (MP), of the criminal case, in which he is implicated as a possible suspect and to enquire whether he was prepared to make a statement in the case.

(2)(b) Members of the South African Police Service (SAPS) are aware of the relevant legislation, governing the serving of processes in the Parliamentary precinct, which requires that the express permission of, or in accordance with the directives of either the speaker, or the Chairperson, or a person authorised by the speaker, must first be obtained, before a member of SAPS may serve or execute processes issued by a court.

(3) The purpose of the interview was to inform Mr Steenhuizen (MP), of the case under investigation, in which he has been implicated as a possible suspect and to enquire whether he was prepared to make a statement in the case.

(3)(a)(b) Not applicable.

Reply:

DPCI Judge has been appointed

Reply:

1. Records not kept
2. Records not kept
3. Reported to SAPS and other government departments
4. Records not kept
5. In due course

Reply:

1. The 24 members perform only sector patrols and exclude personnel who work at the Community Service Centre (CSC).

2. The Theoretical Human Resource Requirement (THRR), which is based on the workload at the police station, indicates a requirement of 59 posts for the shift-related functions. The police station has a total of 51 members in this environment, against a granted number of 41 funded posts. It is the responsibility of the relief commander to post available members, in accordance with the required shift-related functions.

Reply:

The DPCI Judge has been appointed

Reply:

(a)(i) From 2011 to the end of 2016, 935 poachers have been arrested in the Kruger National Park. The numbers are as follows:

2011 = 82

2012 = 73

2013 = 123

2014 = 174

2015 = 202

2016 = 281

From 1 January to 30 September 2017, 206 poachers have been arrested in the Kruger National Park.

(a)((ii)(aa) The number of illegal immigrants arrested is linked to the line function of the South African National Defence Force and South African Police Services and the question should thus be directed to those respective Ministers.

(a)(ii)(bb) For specific information on the number of arrests by the South African Police Service outside of the Kruger National Park, but related to poaching in the Kruger National Park over the seven year period, this information has to be sourced from the the Minister of Police.

(b) For specified arrests resulting in successful prosecutions, this question should be directed to the Minister of Police and the National Prosecuting Agency, respectively.

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Reply:

Black smallholder farmers refer to African, Coloured and Indian smallholder farmers who are natural persons and:

1. “Are citizens of the Republic of South Africa by birth or descent; or
2. Are citizens of the Republic of South Africa by naturalisation before the commencement date of the Constitution of the Republic of South Africa Act of 1993; or
3. Became citizens of the Republic of South Africa after the commencement date of the Constitution of the Republic of South Africa Act of 1993, but who, had it not been for the Apartheid policy, would have qualified for naturalisation before then.

The definition of “Black people” now includes South African Chinese people as per the Pretoria High Court ruling on the 18th June 2008.”

Therefore, the whole 37% was allocated for black smallholder farmers.

Reply:

1. The Department of Agriculture, Forestry and Fisheries has not disbursed any funds to the Blue Karoo Trust and/or Camdeboo Satellite Aquaculture Project in three financial years, i.e. 2015/16; 2016/17 and 2017/18.
2. The Department of Agriculture, Forestry and Fisheries has not provided financial support to the project in three financial years i.e 2015/16; 2016/17 and 2017/18, therefore does not have any financial records in that regard.

Reply:

698 226 hectares

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:

(a)(b)(i)(ii) The Division: Forensic Services of the South African Police Service (SAPS), attended and processed all six crime scenes. Fingerprints and Deoxyribonucleic Acid (DNA) evidence were collected, for further analysis.

(aa) Midrand, CAS 567/03/2017: Fingerprints were lifted and processed. However, there was no linkage through fingerprints or DNA. The DNA samples were submitted, however, there were no full profiles obtained for searching and matching purposes.

(bb) Cape Town, CAS 1351/4/2017: Fingerprints were lifted at the scene of the crime. However, there was no linkage through fingerprints, thus far.

(cc) Silverton, CAS 59/07/2017: Linkage was done through fingerprints. However, the matter is still under investigation for elimination/exclusion of the employees of the Directorate for Priority Crime Investigation (DPCI), who would ordinarily have left prints at the respective scene(s).

(dd) Pretoria Central, CAS 418/07/2017: a suspect has been arrested and is in custody. The suspect was linked through fingerprints.

(ee) Pretoria Central, CAS 1020/07/2017: a suspect has been linked to the following two cases through fingerprints:

• Burglary at the Office of National Prosecuting Authority: Pretoria Central, CAS 418/07/2017; and
• Burglary at the Office of the Chief Prosecutor at Pretoria Magistrate Court: Pretoria Central, CAS 1020/07/2017).

The suspect has been arrested and is in custody. The DNA analysis for Pretoria Central, CAS 1020/07/2017, is in process and the results will be made available once the analysis has been concluded.

(ff) Cape Town, CAS 1823/7/2017: DNA material and fingerprints were lifted at the scene of crime, however, there was no linkage through fingerprints, thus far. The DNA analysis is in process and the results will be made available, once the analysis has been concluded.

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) 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. 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:

(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:

(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) China (with a transit two-day working stop in Hong Kong).

b) Attending the ministerial workshop on China’s Development Experience for Developing Countries in Beijing, China.

c) 

d) Six (6) days.

e) (i) The cost of the trip for Minister Nhleko and three officials (Mr Govender, Mr Thobakgale and Ms Mosegomi) was fully sponsored by the Government of the Peoples’ Republic of China.

(ii) The total cost for a return flight ticket to China (for Mr Molefe), accommodation and ground transport (for Minister Nhleko and Mr Molefe) in Hong Kong amounted to R183 235.

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:

(1) No, only two vehicles were received.

(1)(a) The station currently has a surplus of one vehicle, designated for visible policing.

(1)(b) Not applicable.

(2) There is a total number of 41 visible policing members.

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:

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

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

Reply:

(1) Yes.

(a) The Minister was invited by the South African Football Association (SAFA) to accompany the national senior men’s football team (Bafana Bafana), as the team was to play in a crucial FIFA World Cup qualifiying match against Cape Verde.

(b) (i) and (ii) The traveling costs for the Minister were borne by SAFA.

(2) The only other cost of the trip was subsistence allowance, which was covered by the Department of Sport and Receation South Africa.

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:

(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:

(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).

Reply:

(a)(i)

(a)(ii)

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)

Reply:

I have been informed by the Department as follows:

a) The Minister of Telecommunications and Postal Services undertook five (5) international trips from 1 January until end of August 2017.

b) The purpose, outcome, duration and cost of each trip is attached as Annex A.

c) The names of the official/s from DTPS who accompanied the Minister is attached herewith in Annex A as well as the costs

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) 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:

a) 

Reply:

The leadership of the South African Football Association (SAFA) authorized FIFA to make the payment. The details of the payment are with FIFA who made the payment to the Confederation of North, Central and Caribbean Football Associations (CONCACAF). The documentation related to the decision is not in the purview of the Minister of Sport and Recreation. The Olympic Charter, to which South Africa is a signatory, prohibits governments from interfering in the administration of sports bodies. Government relies on the sports bodies to provide details as and when necessary, on a voluntary basis. South Africa has since requested FIFA, the former leaders of SAFA and the government of the United States of America to share documentation in their possession pointing to any alleged wrongdoing in respect of the 2010 FIFA World Cup.

Until we receive information stating otherwise, we as the South African Government believe that this was a legitimate transfer of funds to CONCACAF. Those who allege that any of our laws have been broken are encouraged to report such transgressions to the appropriate authorities, including law enforcement agencies.

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Reply:

1. (a) The South African Research Chairs Initiative (SARChI) was established in 2005; and to date, 199 research chairs have been awarded, of which 195 are filled and four are vacant.

(b) (i) Of the 195 filled research chairs, 81 (42%) are in the natural and agricultural Sciences, 59 (30%) are in the humanities and social sciences 39 (20%) are in health and medical sciences, and 16 (8%) are in engineering and applied technology fields.

(ii) of the 199 awarded research chairs, 12 (6%) are hosted by the universities of technology (UoTs), 25 (13%) by comprehensive universities and 162 (81%) by traditional universities;

(iii) SARChI is a strategic programme of government aimed at attracting established researches from industry and abroad to the higher education sector. Of the 195 filled research chairs, 152 (78%) research chairs are occupied by established researchers drawn from local higher education institutions, and 43 (22%) research chairs are occupied by established researchers attracted from industry and abroad; and

(iv) a total amount of R2 billion has been invested by the Department of Science and Technology (DST); and in the same period, more than 4 billion was leveraged from other sources by the research chairs. The total cost of SARChI in each specified year is summarized in Table 1.

Table 1: SARChI investment over years

2. (a) All research chairs that underwent the first five-year review cycle were renewed. In 2015/16 financial year, a research chair in indigenous Knowledge Systems that was held by Prof. NI Goduka at the Walter-Sisulu University (WSU) was rescinded due to internal institutional issue which led to lack of performance by chair.

(b) During the last quarter of the 2016/17 financial year, a second five-year review process was initiated for a total of 70 research chairs that were established between 2005 and 2008. This process is still underway. A comprehensive report with reasons for not renewing some research chairs will be made available before the end of the 2017/18 financial year.

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. 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:

(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)(i)(ii) Yes.

(b)(i)(ii) Yes.

Reply:

I have been informed by the Department and entities as follows:

DEPARTMENT

(b)(aaa)

ENTITIES

(b) (ii)Current and non-current assets

(bb) Unlisted Investment

(bb) Unlisted Investments

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:

(i) DEA (Data as at 20 September 2017)

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(ii) PUBLIC ENTITIES

SANBI

iSIMANGALISO

SANPARKS

SAWS

Reply:

a) 

(i) Tigers are alien in South Africa and are kept for among others zoological and breeding purposes. Tigers are not regulated in terms National Environmental Management Biodiversity Act (Act No. 10 of 2004) or Threatened & Protected Species Regulations(TOPS). The national Department of Environmental Affairs , therefore, does not keep statistics on numbers of registered breeders, tigers in captivity, and hunting in South Africa as it is done with the key indigenous big mammals (Rhino, Elephants) as well as other big cats (Lions and Leopards). Provincial Authorities may have statistics on a number of registered captive facilities and hunting as such may be regulated through respective provincial legislation.

(ii) the question has been answered in paragraph (a)(i) above;

(iii) the question has been answered in paragraph (a)(i) above;

(b) The question has been answered in paragraph (a)(i) above.

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Reply:

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

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:

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

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

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

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.