Questions & Replies: Police

2011-05-05

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QUESTION NO 788 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 MARCH 2011 (INTERNAL QUESTION PAPER NO 6- 2011) Date reply submitted: 29 March 2011 788. Mr M M Swathe (DA) to ask the Minister of Police: (1) How many cases relating to farm murders have been investigated in each province (a) in the (i) 2009 and (ii) 2010 calendar years and (b) since 1 January 2011; (2) (a) how many of these cases have been (i) finalised and (ii) subsequently closed and (b) in how many instances did the investigation lead to (i) an arrest, (ii) a court case or (iii) a conviction in each province? NW859E REPLY: The statistics on farm murders are not readily available on the Case Administration System (CAS) of the South African Police Service. Murder is considered murder whether it occurs in rural areas or towns. Cases of murder are not listed separately based on where they occur. QUESTION NO 776 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 MARCH 2011 (INTERNAL QUESTION PAPER NO 6- 2011) Date reply submitted: 29 March 2011 776. Ms D Kohler-Barnard (DA) to ask the Minister of Police: How many reservists have been taken in by the SA Police Service in (a) total and (b) each province in 2010? NW844E REPLY: No Reservists were taken in the South African Police Service in 2010. QUESTION NO 775 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 MARCH 2011 (INTERNAL QUESTION PAPER NO 6- 2011) Date reply submitted: 29 March 2011 775. Ms D Kohler-Barnard (DA) to ask the Minister of Police: With reference to his statement that he is considering the revival of specialised units in the police force, (a)(i) how many and (ii) which specialised units does he intend to reconstitute and (b) what are the deadlines for these units to be reconstituted? NW843E REPLY: Based on my directions the FCS and Rural Safety specialised units have already been re established. QUESTION NO 753 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 MARCH 2011 (INTERNAL QUESTION PAPER NO 6- 2011) Date reply submitted: 29 March 2011 753. Ms D Kohler-Barnard (DA) to ask the Minister of Police: (1) With reference to his reply to question 157 on 24 March 2010, what was the total amount (a) budgeted for and (b) spent from the overall budget on the 2010 National Police Day event held in Bloemfontein; (2) whether the spent amounts were obtained from the (a) provincial or (b) national police budget; (3) what amounts were (a) budgeted for and (b) spent on (i) bus transport, (ii) train transport, (iii) any other mode of transport, (iv) accommodation, (v) venue hire, (vi) entertainment, (vii) food and beverages, (viii) overtime pay for officers covering the shifts for those attending the event, (ix) overtime pay for officers covering the shifts during the period of leave given to attendees after the event and (x) any other costs incurred as a result of hosting this event? NW758E REPLY: All costs were budgeted from the National budget. QUESTION NO 745 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 7 MARCH 2011 (INTERNAL QUESTION PAPER NO 4- 2011) Date reply submitted: 6 June 2011 745. Mr L Ramatlakane (Cope) to ask the Minister of Police: Whether his department has made provision to increase the number of qualified officials in Case Management Committees responsible for (a) safe custody and (b) escorting offenders to external hospitals and courts; if not, why not; if so, what are the relevant details? NW820E REPLY:

NATIONAL COUNCIL OF PROVINCES

FOR WRITTEN REPLY

QUESTION NO 659

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 2 DECEMBER 2011

(INTERNAL QUESTION PAPER NO 40- 2011)

Date reply submitted: 13 December 2011

659. Mr D V Bloem (COPE-FS) to ask the Minister of Police:

Whether the SA Police Service will charge officers who are implicated in the 8 000 civil claim cases that were brought against the SAPS which resulted in his department having to pay more than R106 million in libel suits; if not, why not; if so, (a) in which cases will the SAPS not charge the officers and (b) what are the further relevant details? CW822E

REPLY:

(a) and (b):

The amount of R106 million paid in respect of legal costs to the Department of Justice and Constitutional Development represents costs for legal services provided by the State Attorney to SAPS in respect of, for example, civil claims against and by the state, motions and matters relating to criminal cases, irrespective of the date when such legal proceedings commenced. The amount involved also include court orders in favour of plaintffs and applicants for payment of legal costs. Payment of legal costs is being made by SAPS on a monthly basis upon receipt of a claim for a refund from the Department of Justice and Constitutional Development. A single amount due for a particular month is paid by SAPS and payment of legal costs per individual case is not captured during the payment process.

The 8000 cases refer to claims for compensation registered by SAPS during 2010/2011. Only some of these claims have been finalized since then and a due process still needs to be followed with claims that are still pending.

Once a claim against the state is finalized in favour of a plaintiff all expenses involved must be determined with a view to decide whether or not a member enjoys state protection rendered in terms of Treasury Regulation 12.2.1. Once a decision is made by the State Attorney in consultation with the Legal Services that a member forfeited his or her protection, the matter must be dealt with in terms of Treasury Regulation 12.7.2 whereby the member concerned must be notified in writing to pay the amount due within 30 day or in reasonable instalments. If a member, however, enjoys state protection a claim against a member must be waived in terms of Treasury Regulation 12.7.3.

Reply to question 659 approved by the Minister

NATIONAL COUNCIL OF PROVINCES

FOR WRITTEN REPLY

QUESTION NO 637

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 25 NOVEMBER 2011

(INTERNAL QUESTION PAPER NO 39- 2011)

Date reply re-submitted: 14 December 2011

637. Mr D A Worth (DA-FS) to ask the Minister of Police:

(1) Whether he has been informed that a certain person (name and details furnished) who has been charged to investigate wildlife crimes in the Free State for the Hawks also co-owns a safari and hunting company (name furnished); if not, what is the position in this regard; if so, what are the relevant details;

(2) whether he will launch an investigation into the matter; if not, why not; if so, what are the relevant details;

(3) whether the said person's business interests in a hunting company constitutes a conflict of interest; if not, how was this conclusion reached; if so, (a) what action will his department take to address this issue and (b) what are the further relevant details;

(4) whether he has been informed that the said person was charged with investigating a conflict of interest case that was involving his business partner (name and details furnished); if not, what is the position in this regard; if so, what are the relevant details;

(5) whether this action constitutes misconduct; if not, how was this conclusion reached; if so, what action will he take in this regard? CW782E

REPLY:

My office is currently investigating this matter.

NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION NO 631
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 25 NOVEMBER 2011
(INTERNAL QUESTION PAPER NO 39- 2011)
Date reply submitted: 13 December 2011
631. Mr D V Bloem (COPE-FS) to ask the Minister of Police:

Whether, with reference to a media report (name furnished) the SA Police Service has developed (a) an advanced training and (b) any disciplinary programmes following (i) complaints of sexual assault and rape cases that have been lodged against the members of SAPS at Umbilo police station in Durban and (ii) the alleged refusal by officers to open a case involving three teenage orphans who were raped (details furnished); if not, why not; if so, what are the relevant details? CW776E

REPLY:

The South African Police Service has the following learning programmes regarding sexual offences:

Sexual Offences Learning Programme for First Responders; Sexual Offences Learning Programme for Investing Officers;

Integrated Sexual offences Learning Programme; Sexual Offences Learning Programme for the Family Violence, Child Protection and Sexual Offences Unit.

A one week first responder course for sexual offences and a two week course for investigators have been implemented for Visible Policing members at Umbilo police station. In addition to this, a one day workshop has been presented to inform members about the Criminal Law Amendment Act on sexual offences.

(b)(i) No.

(b)(ii) No
NB: The complaint was fully investigated and it is evident that the complainants were attended to on the date when they came to open a case. A criminal case, Umbilo CAS 152/11/2011 was registered on 2011-11-07 and the three teenagers were taken for a medical evaluation.

NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION NO 630
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 25 NOVEMBER 2011
(INTERNAL QUESTION PAPER NO 39- 2011)
Date reply submitted: 13 December 2011
630. Mr D V Bloem (COPE-FS) to ask the Minister of Police:

(1) Whether the SA Police Service has been involved in the (a) arrest and (b) handing over of the migrant labourers who (i) have been denied their wages by (aa) farmers and (bb) employers and (ii) are being deported without receiving their wages as a result of being illegal immigrants; if not, what is the position in this regard; if so, how frequent are these occurrences;

(2) whether the SA Police Service has identified any employers or farmers who have repeatedly conducted the same practice; if not, what is the position in this regard; if so, what are the relevant details;

(3) whether the SA Police Service will take any steps to keep a record of (a) employers implicated in such practices and (b) the number of (i) arrests and (ii) deportations of such nature; if not, why not; if so, (aa) what steps and (bb) what are the further relevant details? CW775E

REPLY:

(a)(b)(i)(aa)(bb) and (ii) The South African Police Service does not keep specific record of the number of migrant labourers who have been denied wages by their employers before being deported. The South African Police Service will only have records of migrant labourers whose wages were denied, if a case has been registered in this regard. However as cases are registered on standard crime codes, it will not be possible to determine which cases recorded on the system correlates to instances where a migrant labourer, who has also been arrested and deported, has been denied his or her wages.

The South African Police Service is however involved in the arrest of undocumented migrants on farms, or otherwise, and will investigate individual complaints that are brought to the attention of the Police through existing and approved investigation channels.

Appropriate actions will further be instituted against any employer in accordance with applicable legislation, including farmers, that employs undocumented migrants.

See comments as per (1).

(a)(b)(i)(ii)(aa) and (bb) Our records only capture information in respect of crimes committed when reported or identified through police action. SAPS database is intended to capture information of crimes committed and the basis or point of departure is the crime, not a specific category of offenders. Hence we would not keep a database of employers who commit offences, but a database of crimes.

NATIONAL COUNCIL OF PROVINCES
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QUESTION NO 618
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 25 NOVEMBER 2011
(INTERNAL QUESTION PAPER NO 39- 2011)
Date reply submitted: 13 December 2011
618. Mr R A Lees (DA-KZN) to ask the Minister of Police:

(1) Whether, with regard to a certain case (details furnished) against members of the SA Police Service at the Newcastle Police Station in April 2011, any SAPS members have been (a) identified and (b) charged; if not, why not; if so, (i) when were they charged and (ii) what are the further relevant details;

(2) whether the said case has been brought before the court; if not, why not; if so, what are the relevant details? CW752E

REPLY:

(1)(a).No members identified.

(1)(b) No persons charged, as the possible suspects have not been identified yet. The case is still under investigation.

(i) & (ii) Not applicable.

(2) The case has not been brought before court as the suspects have not been identified yet

NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION NO 582
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 NOVEMBER 2011
(INTERNAL QUESTION PAPER NO 36- 2011)
Date reply submitted: 13 December 2011
582. Mr R A Lees (DA-KZN) to ask the Minister of Police:

(1) Whether all locks on the holding cell doors at the Osizweni Police Station in KwaZulu-Natal are in working order; if not, (a) why not and (b) what action has been taken to ensure that they are repaired; if so, what are the relevant details;

(2) (a) what is the maximum number of prisoners that the holding cells are designed to accommodate and (b) how many prisoners were in the holding cells at 06h00 on each day since 31 October 2010 up to the latest specified date for which information is available;

(3) whether any prisoners that were supposed to be held at the station were transferred to other stations during the said period; if so, (a) what are the reasons for this, (b) to which stations and (c) what is the distance between these stations;

(4) whether this has resulted in any prisoners arriving late at court; if so, (a) what are the relevant details in each case and (b) how will this problem be addressed in the future;

(5) whether the transportation of such prisoners resulted in less vehicles being available for patrols; if not, what is the position in this regard; if so, (a) why and (b) how will this be addressed? CW737E

REPLY:

All the locks at the cells are old but in working order. Twenty (20) new locks were ordered and will be installed by the end of November 2011.

The station has five (5) cells and can accommodate eighty-five (85) prisoners. Since 31 October 2011 the station was holding on average between one hundred and sixteen (116) and one hundred and thirty-six (136) prisoners in the cells on a daily basis.

The prisoners had to be transferred to nearby stations to curb the overcrowding in the cells. The prisoners were taken to Newcastle SAPS and Newcastle prison (30 kilometres), Utrecht SAPS (28 kilometres) and Hattingspruit SAPS (42 kilometres).

In one incident a prisoner arrived late at court from Newcastle prison due to a shortage of administrative personnel at the prison. The matter was addressed and no further problems were experienced.

The transportation of prisoners has resulted in fewer vehicles being available for policing. The truck allocated for the transportation of prisoners is used between Osizweni and the court at Madadeni. The patrol vehicles have to be used to convey prisoners detained at other police stations. Newcastle prison used to detain all the awaiting trial prisoners but due to renovations at the prison they were unable to continue receiving awaiting trial prisoners. They are currently not taking more than ten (10) awaiting trial prisoners per month.

NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION NO 581
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 NOVEMBER 2011
(INTERNAL QUESTION PAPER NO 36- 2011)
Date reply submitted: 13 December 2011
581. Mr R A Lees (DA-KZN) to ask the Minister of Police:

(1) Whether any repairs and/or maintenance has been carried out at the Osizweni Police Station in KwaZulu-Natal during the period 31 October 2009 up to the latest specified date for which information is available; if so, (a) when did work commence in each case, (b) when was it finished, (c) which contractors were involved, (d) what is the breakdown of the costs involved and (e) what was the scope of the work that was done in each case;

(2) whether any work that was done was found to be unsatisfactory; if so, what were the details with regard to the (a) contractor involved, (b) nature of the unsatisfactory work, (c) action that was taken and (d) costs involved in this regard;

(3) whether the person in charge of the police station was informed of (a) the scope of work to be done and (b) when the work would (i) commence and (ii) be finished; if not, why not; if so, what are the relevant details? CW736E

REPLY:

(1) Yes, a repairs and maintenance project was carried out at Osizweni Police Station. This was a donation to the State which was sponsored by Total (Pty) Ltd, South Africa.

(a) The project commenced on 2010-03-23.

(b) The project was completed on 2010-07-27.

(c) The project was executed by B Ramgoolam & Associates.

(d) The total amount for the whole project was R150 000-00.

(e) The scope of work was as follows:

- Internal brickwork for new holding cell, new crime office, new office and three (3) toilets;

- External brickwork for new office;

- Extension of existing roof;

- Plumbing and drainage for three (3) toilets;

- New entrance with double door;

- Electrical works for new offices and toilets;

- New floor to new office;

- Glazing to new window frames in new offices;

- Breaking through existing walls for new doors;

- Demolishing of screen wall and concrete bench;

- Brick-up existing entrance and two (2) windows in crime office;

- Concrete ramp on veranda near main entrance;

- Remove and re-install holding cell gate.

(2) No. The work was found to be satisfactory.

(3) The station commander was informed of (a) the scope of work to be done and (b) when the work would (i) commence and (ii) be finished. The station commander was part of the project team who identified the scope of work to be done at the police station.

NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION NO 579
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 NOVEMBER 2011
(INTERNAL QUESTION PAPER NO 36- 2011)
Date reply submitted: 13 December 2011
579. Mr D A Worth (DA-FS) to ask the Minister of Police:

How many (a) new and (b) renewal applications for firearm licences have been (i) received, (ii) granted and (iii) refused in the Free State since 2009 up to the latest specified date for which information is available? CW734E

REPLY:

(a) and (b)(i) A total of 19 482 new licence applications were received in the Free State Province since 1 January 2009 up to 15 November 2011 and a total of 24 212 Renewal applications were also received in the same period in the Free State Province.

(a)(ii) and (iii) A total of 11 769 new licences were granted and 7 246 licences were refused since 1 January 2009 up to the 15 November 2011 in the Free State Province.

(b)(ii) and (iii) A total of 75 174 Renewal licences were granted and 5 155 licences were refused since 1 January 2009 up to the 15 November 2011 in the Free State Province. (Please note this figure speaks to both those received since 1 January 2009 and the backlog of renewals that existed before 1 January 2009.)

NATIONAL ASSEMBLY

WRITTEN REPLY

QUESTION 570

Whether her department will furnish details relating to the expenditure on (a) subsistence and travel outside of South Africa and (b) entertainment that has been incurred by (i) her and (ii) her deputy minister from 1 April 2011 up to the latest specified date for which information is available; if not, why not; if so, what are the relevant details? CW725E

REPLY:

(a) Subsistence and travel expenditure for the Minister's trips outside South Africa paid in the current financial year is R30 235.28. Included in the R30 235.25 is an amount of R11 938.27 for trips that were undertaken in the last financial year but the claims were received and paid in this financial year. Also note that these amounts are for trips claimed up to 30 June 2011, we are still awaiting other claims if there are any.

(b)(i) Entertainment for the Minister (1 April 2011 – 18 November 2011) – R89 768.85

(ii) Entertainment for Deputy Minister (1 April 2011 – 18 November 2011) – R4 110.40

See Tables are here: www.pmg.org.za/questions/RCW570-tables.pdf

NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION NO 510
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 28 OCTOBER 2011
(INTERNAL QUESTION PAPER NO 33- 2011)
Date reply submitted: 13 December 2011
510. Mr D A Worth (DA-FS) to ask the Minister of Police:

(1) (a) How many police firearms have been (i) lost and (ii) stolen in the past five financial years in the Free State, (b) what is the breakdown in respect of (i) handguns, (ii) shotguns and (iii) rifles and (c) how many of these were (i) semi and (ii) fully automatic;

(2) whether any of these firearms have been recovered; if not, what measures are being taken to recover these firearms; if so, how many? CW613E

REPLY:

(1)(a)&(b) During the last five (5) financial years (2006/2007 to 2010/2011), the following losses and recoveries in the Free State were reported on the Provisioning Administration System (PAS) , which is used as the Asset Register for all SAPS firearms:

FIN YEARS
TYPE OF FIREARM	2006/07	2007/08	2008/09	2009/10	2010/11
LOSS	124	61	167	140	48
HANDGUN	80	55	147	135	46
OTHER	3		1	1
RIFLE	31	2	9	4	1
SHOTGUN	10	4	10		1
RECOVERY	36	22	64	41	4
HANDGUN	22	22	57	38	3
RIFLE	12		4	3	1
SHOTGUN	2		3

(The category OTHER includes parts of firearms (e.g. barrels), which are not a complete firearm but are deemed to be a firearm in terms of the Firearms Control Act).

(c)(i)&(ii) All handguns and shotguns are classified as semi-automatic whilst all

rifles are classified as automatic.


(2). Yes. The firearms recovered as listed in the table above. Measures have also been put in place to recover the weapons through the Vispol operational plans.