Questions and Replies

Reply:

(1)(a)(b)(i)(aa)(bb)(cc)(ii)

SAPS FORENSIC SCIENCE LABORATORIES
	ENTRIES
	(i) (aa)	(i) (bb)	(i) (cc)	(ii)
	2014/2015	2015/2016	2016/2017	1 April 2017 to 30 August 2017
Gauteng	2 147	13 578	6 997	6 365
Western Cape	774	1 824	1 352	4 681
Eastern Cape	0	0	0	408
KwaZulu-Natal	383	2 915	1500	1 012
Forensic Science Laboratory	3 304	18 317	9 849	12 466

The current backlog, which is 4.8% of on-hand case entries (exhibits) on-hand, is still below the 10% target, as reflected in the South African Police Service Annual Performance Plan 2017/2018.

(2)(a) The most pressing challenge experienced by the Division: Forensic Services, is that resources to support the implementation of the Deoxyribonucleic Acid (DNA) Act, are not commensurate with the increased number of crime scenes and buccal samples that the South African Police Service (SAPS) is required to respond to.

The Biology Section, within the Forensic Science Division, is responsible for the analysis of these samples and the Forensic Database Management Section, is responsible for the loading of the forensic DNA profiles, onto the DNA database, as well as performing the comparative searches, to provide forensic DNA links.

The total number of additional examiners required in these two specific sections, to analyse the increased number of DNA samples and to conduct comparative searches on the DNA database, have not yet been appointed. There is also an insufficient number of administration personnel to receive, register and handle the increased number of submissions to the various SAPS forensic laboratories.

. The Biology Section is also experiencing challenges with the procurement process of specialised DNA equipment, which will provide preventative and corrective maintenance.

The current DNA system, the STRlab system, that is maintained by the State Information Technology Agency (SITA), is unstable and unsupporting of the optimal work load in finalising the case entries within the time frames.

The Chemistry Section is experiencing a significant increase in the submission of cases, particularly less serious cases. The KwaZulu-Natal Forensic Laboratory experiences challenges with flooding of the premises, which disrupts precise procedures, leading to backlogs.

The budget of the Division: Forensic Services, is not commensurate to the significant increase in exhibit material submitted for forensic analysis. In particular, inadequate funds are available for recurring costs, such as forensic consumables and buccal sample collection kits. The reduction in the allocated budget for the Division: Forensic Services, is expected to have a negative impact on service delivery, as well as the SAPS’s ability to reduce the backlog and to improve turnaround times.

(2)(b) The acting Divisional Commissioner: Forensic Services has requested an additional posts for 76 support staff and 58 posts for forensic analysts, on 29 May 2017, to address the implementation of the DNA Act by the Biology Section and the Forensic Database Management Section.

Currently, interns are employed to assist with the increased volume of exhibits and flexi-hour shifts have been implemented, where required.

The chemistry case load is distributed to other regions, which have the capacity to handle additional cases and an additional laboratory, in the Western Cape, is now functional and also analysing exhibits. Although the capacity at the Western Cape Forensic Laboratory increased, it remains inadequate to address the increasing work load. A pilot project, using new technology with flexi-hour shifts, has also been implemented at the Western Cape Forensic Laboratory, to improve the processing of the less serious cases.

Reply:

1. Yes, the South African Police Service (SAPS), considers rhino poaching to be a priority crime, due to the constant escalation of rhino poaching incidents, since 2010.

Wildlife trafficking as a form of transnational organised crime, has a negative impact on the economic development of the country and job creation, including the development of the country’s bio-diverse economy, which incorporates the tourism sector.

Wildlife trafficking is hampering the government’s ability to ensure socio-economic development, as organised crime syndicates and activities have become embedded in communities, across the country.

President Zuma declared rhino poaching to be a national security threat, in 2011. This led to the threat being attended to by the National Joint Operational Intelligence Structure (NATJOINTS), which is the operational arm of the Justice Crime Prevention and Security (JCPS) Cluster of Government.

The JOINTS established National and Provincial Priority Committees, in terms of the NATJOINTS Instruction, 3 of 2011. The purpose of this NATJOINTS Instruction, was to sensitise all provinces about this threat and coordinate the response, by establishing and activating National and Provincial Priority Committees to manage, implement and coordinate all joint integrated actions, as well as the efforts to curb rhino poaching and illegal hunting.

In 2012, the NATJOINTS initiated and conducted national interventions in the Kruger National Park, which was and still is affected significantly, by illegal rhino poaching. In support of provincial activities, Cabinet approved the Integrated Strategic Management Approach, to rhino poaching.

In April 2015, rhino poaching was declared a priority crime of the SAPS, by the Minister of Police. The Joint Operation Centre (JOC), was officially launched by President Zuma, in November 2015. It comprises of the following role-players: the SAPS, South African National Parks, the Department of Environmental Affairs, the South African National Defence Force, Ezemvelo, the South African Revenue Services (Customs) and the State Security Agency.

In 2014, the NATJOINTS initiated and developed the draft National Integrated Strategy to Combat Wildlife Trafficking (NISCWT), which is police-led and intelligence informed, with multi-agency support and has the following objectives:

• Improving law enforcement, supported by the whole of government and society, to effectively investigate, prosecute and adjudicate wildlife trafficking, as a form of transnational organised crime;
• Increasing the Government’s ability to detect, prevent and combat wildlife trafficking in South Africa and beyond; and
• Increasing national, regional and international law enforcement collaboration and cooperation in the combating of wildlife trafficking.

A five pillar operational plan was introduced to address the objectives, as contained in the NISCWT, which is currently implemented in the provinces most affected, through Operation Rhino, i.e. Mpumalanga, KwaZulu-Natal and Limpopo. Operation Rhino is a multi-disciplinary, integrated operation, which is coordinated from the Mission Area Joint Operations Centre (MAJOC), in Skukuza, and comprises of three Tactical Joint Operations Centres (TacJOC`s), in Acornhoek, Hluhluwe and Phalaborwa, to address the five pillar operational plan.

The following is a breakdown of the five pillar operational plan:

Pillar 1: Intelligence gathering, coordination and analysis:

• • This pillar is about information collection, analysis and coordination; and
  • Intelligence structures provide intelligence for prevention, investigation and prosecution of wildlife trafficking-related crimes, within our borders, across our borders and internationally.

Pillar 2: Proactive approach:

• • This involves the maximum deployment of rangers and visible policing officers inside and outside various parks; and
  • The implementation of various community initiatives and programmes around mission areas neighbouring parks or game reserves.

Pillar 3: Combat approach:

• • This pillar includes the conducting Vehicle Control Points (VCP), road blocks, way-lays and observations at strategic points. Intelligence-driven operations, suspect tracing, airborne support and a Canine Unit search and detection capability. A document on the NISCWT was drafted and presented to the JCPS Cluster, for approval.

Pillar 4: Reactive through detection:

• • This comprises an investigative approach, which is focused on integrated crime scene management and specialised investigators, who are addressing local, national and transnational rhino-related organised crime and working with dedicated prosecutors.

Pillar 5: Communication and liaison:

• • Pillar five includes publication through the media on successes including convictions;
  • Continuous sensitising of communities, regarding the security aspects/dangers of illegal poaching;
  • Engagement with various countries, in relation to rhino DNA sampling (e.g. Mozambique, Vietnam, Czech Republic); and
  • Ongoing collaboration with Interpol with regard to operations and crime working groups, on environmental crimes.

(2)(a) The response by the SAPS, together with other role-players, was to deploy the following resources:

(2)(a)(i)(aa)

2014
SAPS Disciplines	Deployment Number
Special Task Force	40
National Intervention Unit	15
Operational Support	04
Air Support	04
TOTAL/AVERAGE DEPLOYMENT	63

(2)(a)(i)(bb)

2015
SAPS Disciplines	Deployment Number
Special Task Force	73
National Intervention Unit	202
Tactical Response Team	25
Tracing Team	21
Forensic Services	13
Operational Support	57
Crime Intelligence Gatherer	48
Air Support	12
Canine Unit	31
Detectives	26
Analysts	20
TOTAL/AVERAGE DEPLOYMENT	528

(2)(a)(i)(cc)

2016
SAPS Disciplines	Deployment Number
Special Task Force	31
National Intervention Unit	406
Tactical Response Team	183
Detective Services	119
Forensic Services	89
Operational Support	138
Crime Intelligence Gatherer	120
Analysts	78
Canine Unit	82
Tracking Team	03
TOTAL/AVERAGE DEPLOYMENT	1 249

(2)(a)(ii)

Since 1 January 2017
SAPS Disciplines	Deployment Number
National Intervention Unit	160
Tactical Response Team	98
Detective Services	81
Forensic Services	47
Operational Support	64
Crime Intelligence Gatherer	62
Analysts	23
Canine Unit	67
TOTAL/AVERAGE DEPLOYMENT	602

(2)(b)

Number of arrests
Year	Cases	Arrests
2014	565	108
2015	929	169
2016	1 070	530
1 January to July 2017	465	249
TOTAL/AVERAGE DEPLOYMENT	3 029	1 056

(3) There are 90 Stock Theft and Endangered Species Units and 22 satellite units, which are responsible for the investigation of all cases, which are related to endangered species, including rhino poaching and related crimes.

(3)(a) These units are situated as follows:

Province	Number of units	Number of satellite units
Eastern Cape	22	8
Free State	11	1
Gauteng	2	0
KwaZulu-Natal	16	3
Limpopo	8	8
Mpumalanga	11	1
North West	7	1
Northern Cape	7	0
Western Cape	6	0
TOTAL	90	22

(3)(b) No further relevant details, in this regard.

Reply:

Due to the secrecy provisions contained in Section 69 of the Tax Administration Act No. 28 of 2011, The South African Revenue Service (SARS) is prohibited from disclosing any taxpayer information (including whether or not a taxpayer is subject to an investigation) to any person other than a SARS official.

SARS treats the tax affairs of all parliamentarians in exactly the same manner as all other taxpayers in accordance with the compliance model. This model is premised on three components to encourage tax compliance: Education, Service and Enforcement.

Reply:

1. The case docket, Midrand CAS 567/03/2017, is currently with Advocate Broodryk, at the office of the Director of Public Prosecutions (DPP), in Gauteng.
2. None of the stolen computers have been recovered as of yet.
3. The matter is still under investigation. The accused has been released on bail of R5000,00 and the case has been remanded to 17 October 2017.
4. The matter is being investigated by the Gauteng Provincial Investigation Unit.

Reply:

a) The total number of vacancies that are currently existing in the South African Police Service (SAPS), is 2 836, taking into consideration the oversupply of salary level four and below, due to the entry level enlistments of the South African Police Service (SAPS) and the Public Service Act in each financial year.

	Fixed Establishment 2017/2018			Actuals as on 2017-09-30		GAP (vacancies(-) / surplus (+))
	SAPS		SAPS		SAPS
Salary Level		PA	PSA	Total		Salary Level	PA	PSA	Total		Salary Level	PA	PSA	Total
SL16		1	2	3		SL16	0	2	2		SL16	-1	0	-1
SL 15		32	0	32		SL 15	33	1	34		SL 15	1	1	2
SL 14		222	1	223		SL 14	214	4	218		SL 14	-8	3	-5
SL 13		814	4	818		SL 13	684	9	693		SL 13	-130	5	-125
SL 12		2 775	4	2 779		SL 12	2 192	5	2 197		SL 12	-583	1	-582
SL 11	0	0	0		SL 11	0	0	0		SL 11	0	0	0
SL 10	7 297	3	7 300		SL 10	6 406	3	6 409		SL 10	-891	0	-891
SL 9	0	0	0		SL 9	0	0	0		SL 9	0	0	0
SL 8		17 475	51	17 526		SL 8	15 987	131	16 118		SL 8	-1 488	80	-1 408
SL 7		33 184	4 052	37 236		SL 7	32 434	3 625	36 059		SL 7	-750	-427	-1 177
SL 6		29 437	1 372	30 809		SL 6	26 460	2 684	29 144		SL 6	-2 977	1312	-1 665
SL 5		63 135	23 904	87 039		SL 5	61 605	24 498	86 103		SL 5	-1 530	594	-936
SL 4 & below		0	11 235	11 235		SL 4 & below	3 754	11 433	15 187		SL 4 & below	3 754	198	3 952
Total		154 372	40 628	195 000		Total	149 769	42 395	192 164		Total	-4 603	1 767	-2 836

b) The salary levels for the existing vacancies, are as follows:

SL16 = 1

SL 14 = 5

SL 13 = 125

SL 12 = 582

SL 10 = 891

SL 8 = 1 408

SL 7 = 1 177

SL 6 = 1 665

SL 5 = 936

The Medium Term Framework (MTEF) for the SAPS, regulates the enlistment targets of new entry level personnel per financial year. The SAPS has a growing establishment, with set targets in its Human Resource Plan, which accommodate the continual increase in the number of personnel. The SAPS is in the process of enlisting 3 800 new entry level Police Service Act personnel and 1 200 Public Service Act personnel, to ensure the achievement of 98% of the establishment target, by 31 March of each financial year. Some of the vacant posts, or gaps on higher levels, are reserved for the career progression of personnel members.

Promotion, grade progression, internal and external advertisement processes, will also be launched in every MTEF or financial year, to address the differences on higher salary levels and to ensure the effective maintenance of the establishment, per managerial cluster.

Phase one of the 2017/2018 financial year post promotion process, will commence in February 2018.

The Component: Organisational Development, has embarked on a process of rationalising some of the Head Office organisational structures, with the aim of escalating resources to the frontline services, in order to improve service delivery to the community.

c) It will cost the SAPS an amount of R1,793 billion, to fill the indicated vacancies. This is calculated for a full year and does not include benefits, such as housing allowance, service allowance, medical contributions, etc. as additional costs will be determined by the qualification criteria, as well as the employee’s circumstances.

Reply:

(a) The following number of firearms that have been reported as lost, per financial year, from the South African Police Service’s provisioning stores, are reflected below:

(i) 2000/2001 - 0

(ii) 2001/2002 - 0

2002/2003 - 0

(iii) 2003/2004 - 0

(iv) 2004/2005 - 0

(v) 2005/2006 - 0

(vi) 2006/2007 - 1

(vii) 2007/2008 - 0

(viii) 2008/2009 - 0

(ix) 2009/2010 - 0

(x) 2010/2011 - 0

(xi) 2011/2012 - 0

(xii) 2012/2013 - 0

(xiii) 2013/2014 - 0

(xiv) 2014/2015 - 0

(xv) 2015/2016 - 1

(xvi) 2016/2017 - 43 firearms were discovered missing. The exact date the loss occurred is not known.

(a) A total of 20 exhibit firearms were reported lost/stolen, from SAPS 13 Stores and/or evidence rooms, in the 2017/2018 financial year. The 20 firearms were reported as stolen, at the Bellville South Police Station in the Western Cape. An investigation is currently underway.

 

Reply:

(a)(b)(i)(ii)(iii)(iv)(v)(vi)(vii) and (viii)

The information is reflected in the attached annexure.

 

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:

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:

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:

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

2014/2015
NATURE OF LOSSES	EC	FS	GP	KZN	LIM	MP	NATIONAL OFFICE	NW	NC	WC
MISSING
DURING SERVICE-\CONTROL CENTRE: HANDING OVER			1	1				1		2
DURING OFFICE TAKE OVER; INSPECTIONS ETC.	6	8	4	13	1	2				4
LOST IN BATHROOMS; TOILETS			4	1	2	2	1	1		1
LOST WHILE UNDER THE INFLUENCE OF ALCOHOL			3				1			1
HAND IN AFTER OPERATIONS\DUTY\SERVICE TERMINATION	1
PERSONAL EQUIPMENT(SAP 108)SHORTAGE HANDED IN				1
LOSS OF PROPERTY-DURING COLLISION			1	4						1
OUT OF SAP 13-STORE		1			1
	7	9	13	20	4	4	2	2	0	9
STOLEN
ROBBERY-TOWNSHIPS OR OTHER PLACE	42	2	57	80	15	19	32	8	1	14
ROBBERY-LIQUOR INVOLVED				1	1					2
HOUSEBREAKING - PROPERLY LOCKED	22	6	39	32	11	10	19	7	4	7
HOUSEBREAKING-NOT LOCKED	1		1	1	1					1
THEFT OUT OF DWELLING	8	1	7	5	3	5	1	1	4	2
THEFT OUT OF STATE VEHICLE	1		2	2	2	1	2		2	1
THEFT OUT OF PRIVATE VEHICLE	4		3	2	4		7	4
THEFT OUT OF OFFICES/STORE	5	3	4	5	3	1	4	3	1	8
LOST FROM PERSON	5	1	3	4	3	2	3	2		1
LOSS/THEFT - DURING EXECUTION OF OFFICIAL DUTIES	2		4	12	2	3	2		1	5
	90	13	120	144	45	41	70	25	13	41
OTHERS
NOT YET CLASSIFIED	53		7				12		1	2
OTHER				1			2	1
	53	0	7	1	0	0	14	1	1	2
Grand Total	150	22	140	165	49	45	86	28	14	52

2015/2016
NATURE OF LOSSES	EC	FS	GP	KZ N	LIM	MP	NATIONAL OFFICE	N W	NC	WC
MISSING
DURING SERVICE-\CONTROL CENTRE: HANDING OVER	1	2		1			2
DURING OFFICE TAKE OVER; INSPECTIONS ETC.	6	7	20	8		2			1	1
LOST IN BATHROOMS; TOILETS	1		4	2		1				1
LOST WHILE UNDER THE INFLUENCE OF ALCOHOL				1			3
HAND IN AFTER OPERATIONS\DUTY\SERVICE TERMINATION	1		1
PERSONAL EQUIPMENT(SAP 108)SHORTAGE HANDED IN	1				1			1		3
LOSS OF PROPERTY-DURING COLLISION	2		1	4	1
( 266 ) OUT OF SAP 13-STORE			1
	12	9	27	16	2	3	5	1	1	5
STOLEN
ROBBERY-TOWNSHIPS OR OTHER PLACE	36	11	82	86	11	13	36	3		15
HOUSEBREAKING - PROPERLY LOCKED	16	13	27	33	11	10	19	8	1	10
HOUSEBREAKING-NOT LOCKED	2	1					1			1
THEFT OUT OF DWELLING	4	2		6	6	5	3	6		3
LOST FROM PERSON	2	2		3	4		5	1		1
LOSS/THEFT - DURING EXECUTION OF OFFICIAL DUTIES	2		6	9		2	10	1		2
THEFT OUT OF STATE VEHICLE	4		1	2		1			1
THEFT OUT OF PRIVATE VEHICLE	5		8	6	3	2	2	3	1	1
THEFT OUT OF OFFICES/STORE	8		24	18			4	2	3
	79	29	148	163	35	33	80	24	6	33
OTHERS
NOT YET CLASSIFIED	42		8	1			9
OTHER	1		2						2
	43	0	10	1	0	0	9	0	2	0
Grand Total	134	38	185	180	37	36	94	25	9	38

2016/2017
NATURE OF LOSSES	EC	F S	GP	KZN	LIM	MP	NATIONAL OFFICE	NW	NC	WC
MISSING
DURING SERVICE-\CONTROL CENTRE: HANDING OVER		1		2				1		1
DURING OFFICE TAKE OVER; INSPECTIONS ETC.	25	5	5	7	2	1	1
LOST IN BATHROOMS; TOILETS		1	4	3	2					4
LOST WHILE UNDER THE INFLUENCE OF ALCOHOL	1
HAND IN AFTER OPERATIONS\DUTY\SERVICE TERMINATION	1		1							1
PERSONAL EQUIPMENT(SAP 108)SHORTAGE HANDED IN	1	1					1		1
LOSS OF PROPERTY-DURING COLLISION	1		1		1			1
( 266 ) OUT OF SAP 13-STORE									2
	28	8	12	12	5	1	1	3	2	7
STOLEN
ROBBERY-TOWNSHIPS OR OTHER PLACE	31	9	58	79	13	11	33	8	1	12
ROBBERY-LIQUOR INVOLVED	1		1		1
HOUSEBREAKING - PROPERLY LOCKED	13	11	21	25	4	5	26	13	1	3
HOUSEBREAKING-NOT LOCKED	2	1	1	2		1	1	1		2
THEFT OUT OF DWELLING	6	1	6	12	1	3	4	3	2	3
THEFT OUT OF STATE VEHICLE	2	2	1	7	1	1	1	3		1
THEFT OUT OF PRIVATE VEHICLE	2	1	4	6	4	6	4	1		1
THEFT OUT OF OFFICES/STORE	3	1	1	8	3	1	1	2	1	2
LOST FROM PERSON	4	2	1	4		1	4	3		3
LOSS/THEFT - DURING EXECUTION OF OFFICIAL DUTIES	6		2	4	3	1	4		1	1
	70	28	96	147	30	30	78	34	6	28
OTHERS
NOT YET CLASSIFIED	50		15	2		1	58	2		2
OTHER					1	1		2		1
	50	0	15	2	1	2	58	4	0	3
Grand Total	148	36	123	161	36	33	137	41	8	38

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

REGISTRATION FINYEAR	2014/15
PROVINCES	LOSS
HEAD OFFICE	81
P COMM EASTERN CAPE	150
P COMM FREE STATE	20
P COMM GAUTENG	139
P COMM KWAZULU/NATAL	165
P COMM LIMPOPO	49
P COMM MPUMALANGA	45
P COMM NORTH WEST	28
P COMM NORTHERN CAPE	14
P COMM WESTERN CAPE	52
Grand Total	743
REGISTRATION FINYEAR	2015/16
PROVINCES	LOSS
HEAD OFFICE	87
P COMM EASTERN CAPE	134
P COMM FREE STATE	37
P COMM GAUTENG	185
P COMM KWAZULU/NATAL	179
P COMM LIMPOPO	37
P COMM MPUMALANGA	36
P COMM NORTH WEST	25
P COMM NORTHERN CAPE	9
P COMM WESTERN CAPE	38
Grand Total	767
REGISTRATION FINYEAR	2016/17
PROVINCES	LOSS
HO	137
EC	148
FS	36
GP	123
KZN	161
LIM	36
MP	33
NW	41
NC	8
WC	37
TOTAL	760

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.

REGISTRATION FINYEAR	2017/18
PROVINCES	RECOVERY
PISTOL	11
SHOTGUN	2
Grand Total	13

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.

---ooOoo---

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:

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:

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:

The DPCI Judge has been appointed

Reply:

698 226 hectares

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:

(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:

(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:

(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).

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:

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)(i)(aa) The total Fixed Establishment (FE) for Durban North Police Station, in 2015/2016, was 152.

(a)(i)(bb) The total FE for Durban North Police Station, in 2016/2017, was 150.

(a)(ii) The total FE for Durban North Police Station, since 1 April 2017 to date, is 150 (The FE for 2017/2018 is not yet approved).

(b)(i) The number of vacant posts at the start of each financial year, is as follows:

• In the 2015/2016 financial year, the number of vacant posts for Durban North Police Station, was nine.
• In 2016/2017 financial year, the number of vacant posts for Durban North Police Station, was 10.
• Since 1 April 2017 to date, the number of vacant posts for Durban North Police Station, is 10.

(b)(ii) All vacant funded posts are prioritised by the relevant provinces, to be filled within the conventional six months period, via human resource processes.

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:

I have been informed by the Department as follows:

1. The deadline to conclude the study has been met; however, CSIR is in the process of finalising the report.

(a) The Independent Communications Authority of South Africa (ICASA), Original Equipment Manufacturers (OEM) represented by Ericsson Huawei and Nokia; Chipset Integrators, represented by Intel and Qualcomm; Operator’s Forum represented by Cell C, MTN, Liquid Telecom (formerly Neotel), Rain (formerly iBurst/WBS), Vodacom, and Telkom and Internet Service Providers.

(b) The main outcomes will be specified in the final report.

2. None of the organisations or companies approached by CSIR declined to participate.

3. No organisations or companies approached by CSIR withdrew their participation.

Reply:

a) 

DRUG-RELATED CASES THAT WENT TO COURT
2014/15	2015/16	2016/17
445	377	511

b)  DRUG-RELATED CASES WITH SUCCESSFUL CONVICTIONS
2014/15	2015/16	2016/17
42	31	90

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:

(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)(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:

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) 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) 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:

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:

(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:

(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:

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.

 

---ooOoo---

Reply:

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

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:

(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. 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) Old Transkei, Bophuthatswana, Venda and Ciskei (TBVC) States and Self-Governing Territories (Homelands) prior to 1995.

	Transkei 1994
	Population:	3.39 million (8.2%)
	Land Surface:	43 654 Sq Km (3.6%)
	Sworn Police Officers:	4 993 (9.7% female)
	Civilian Personnel in Police:	96
	Other Personnel:	288
	Total Police Personnel:	5 377
	Police Population Ratio:	681
	Police Stations:	61
	Bophuthatswana 1994
	Population:	2.19 million (5.3%)
	Land Surface: (3,3%)	40 011 Sq Km
	Sworn Police Officers:	6 002 (14.8 % female)
	Civilian Personnel in Police:	577
	Other Personnel:	353
	Total Police Personnel:	6 932
	Police Population Ratio:	365
	Police Stations:	56

	Venda 1994
	Population: (1,5%)	0,61 million
	Land Surface: (0,6%)	6 807 Sq Km
	Sworn Police Officers:	1803 (2,7 % female)
	Civilian Personnel in Police:	164
	Other Personnel:	46
	Total Police Personnel:	2 013
	Police Population Ratio:	341
	Police Stations:	10
	Ciskei 1994
	Population: (2,1%)	0,87 million
	Land Surface: (0,7%)	8 100 Sq Km
	Sworn Police Officers:	1 599 (14,9 % female)
	Civilian Personnel in Police:	207
	Other Personnel:	0
	Total Police Personnel:	1 806
	Police Population Ratio:	550
	Police Stations:	30
	Gazankulu 1994
	Population: (2,0%)	0,82 million
	Land Surface: (0,6%)	7 484 Sq Km
	Sworn Police Officers:	803 (9,2 % female)
	Civilian Personnel in Police:	140
	Other Personnel:	69
	Total Police Personnel:	1 012
	Police Population Ratio:	1 025
	Police Stations:	9
	Kangwane 1994
	Population: (1,8%)	0,76 million
	Land Surface: (0,3%)	3 917 Sq Km
	Sworn Police Officers:	747 (15,3 % female)
	Civilian Personnel in Police:	46
	Other Personnel:	0
	Total Police Personnel:	793
	Police Population Ratio:	1 022
	Police Stations:	9

	Kwandebele 1994
	Population: (1,6%)	0,64 million
	Land Surface: (0,2%)	2 208 Sq Km
	Sworn Police Officers:	1 034 (16,6 % female)
	Civilian Personnel in Police:	171
	Other Personnel:	0
	Total Police Personnel:	1 205
	Police Population Ratio:	625
	Police Stations:	24
	Lebowa 1994
	Population: (7,4%)	3,1 million
	Land Surface: (1,8%)	21 833 Sq Km
	Sworn Police Officers:	2 805 (6,2 % female)
	Civilian Personnel in Police:	358
	Other Personnel:	194
	Total Police Personnel:	3 357
	Police Population Ratio:	1 093
	Police Stations:	26
	Qwaqwa 1994
	Population: (0,9%)	0,36 million
	Land Surface: (0,1%)	1 040 Sq Km
	Sworn Police Officers:	789 (9,3 % female)
	Civilian Personnel in Police:	156
	Other Personnel:	87
	Total Police Personnel:	1 032
	Police Population Ratio:	457
	Police Stations:	5
	Old South Africa 1994
	Population: (56%)	23,34 million
	Land Surface: (86%)	1 052 073 Sq Km
	Sworn Police Officers:	94 267 (10,6 % female)
	Civilian Personnel in Police:	17 790
	Other Personnel:	0
	Total Police Personnel:	112 057
	Police Population Ratio:	248
	Police Stations:	885

Situation after Amalgamation : New South African Police Service : 1995
	New South Africa 1995
	Population: (100%)	41,7 million
	Land Surface: (100%)	1 219 090 Sq Km
	Sworn Police Officers:	120 083 (10,5 % female)
	Civilian Personnel in Police:	20 236
	Other Personnel:	1 070
	Total Police Personnel:	141 389
	Police Population Ratio:	347
	Police Stations:	1 123

(b)and(c) Information regarding the given questions, is not retrievable and no record could be found. It must be noted, that when all the police agencies amalgamated, they were all using different systems, therefore, the recorded they used during the amalgamation process, relating to the staffing establishment, is not available on PERSAL. The annual reports were prepared separately and such information could not be found. The earliest annual report made, was in 1994 and such information was not reported at the time.

Reply:

1. The official was appointed in the position of the Western Cape’s Crime Intelligence Head, in terms of, inter alia, Regulation 45(9) of the South African Police Service’s Employment Regulation, 2008. Appointments to the level of Senior Management Service (SMS), such as the appointment of the official under discussion, were also at the time regulated by the National Instruction 4 of 2010 (Appointments to posts on salary levels 13 to 15), which made provision for the appointment of a person, on condition that such person submits an application for the issuing of a security clearance, of at least up to the level of secret.

2. The official has been issued with a security clearance at the level of Top Secret, with effect from 1 December 2016.

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:

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.