Police C | PMG

2015-07-02

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Reply received: June 2015

QUESTION 1940

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 22 MAY 2015

(INTERNAL QUESTION PAPER NO 15-2015)

1940. Ms D Kohler (DA) to ask the Minister of Police:

(1) (a) How many instances has the KwaZulu-Natal Provincial Commissioner overruled the decision of a presiding officer with respect to dismissal of members of the SA Police Services (SAPS) in disciplinary proceedings (i) in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years and (ii) from 1 April 2015 up to the latest specified date for which information is available and (b) what is the associated financial costs of the said action with regard to members of the SAPS whose dismissals have been overturned;

(2) whether, any other Provincial Commissioner has acted in a similar manner in each specified financial year and period; if so, in respect of each Provincial Commissioner, (a) how many disciplinary proceedings have been treated in this manner and (b) what is the associated financial costs of the said action with regard to members of the SAPS whose dismissals have been overturned?

NW2164E

REPLY:

The requested information is not readily available at this office and can only be obtained from provinces. In order to provide the response, Provinces and Divisions must be requested to provide the information. A request is hereby made for an extension.

Reply received: June 2015

QUESTION 1937

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 22 MAY 2015

(INTERNAL QUESTION PAPER NO 15-2015)

1937. Mr Z N Mbhele (DA) to ask the Minister of Police:

Does the protocol for the transportation of persons in custody to courts require SA Police Service vehicles to travel with sirens on; if so, what is the reason?

NW2161E

REPLY:

No, the transportation protocol does not make specific reference for the utilisation of blue lights when persons in custody of the Service are transported to court. In certain circumstances blue lights may be used in line with the general directives for use of blue lights, for example: When SAPS is transporting high profile persons in custody who are at risk of escape or under threat for their safety, the SAPS makes use of escort vehicles for the vehicle transporting the detainee. These vehicles travel in a convoy and the utilisation of blue lights, in these circumstances, is of importance to ensure the safety of the persons in custody and the community at large.

Reply received: June 2015

QUESTION 1909

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 22 MAY 2015

(INTERNAL QUESTION PAPER NO 15-2015)

1909. Mr D J Stubbe (DA) to ask the Minister of Police:

(a) Who are the current chief financial officers of (i) his department and (ii) the entities reporting to him and (b) what is the qualification of each chief financial officer?

NW2130E

REPLY:

The organizational structure of the South African Police Service only makes provision for one Chief Financial Officer for the Department. The post is currently vacant and has been externally advertised on 17 May 2015 for filling. The qualification required of the incumbent is a Bachelors (Honours) degree in Accounting/Finance. There are two Chief Directorates that report directly to the Chief Financial Officer, namely, Compensation Services and Budget Expenditure and Accounting Services.

Reply received: June 2015

QUESTION 1874

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 22 MAY 2015

(INTERNAL QUESTION PAPER NO 15-2015)

1874. Mr R A Lees (DA) to ask the Minister of Police:

Since 1 January 2015, has his department installed generators at any of (a) its offices or (b) the offices of the entities reporting to him as a result of load shedding; if so, what is the total cost of the (i) installation and (ii) running of these generators?

NW2095E

REPLY:

The SAPS has facilities which are devolved and facilities which are non-devolved. The National Department of Public Works is responsible for the installation of generators and maintenance service contracts at all non-devolved police facilities. The SAPS is responsible for the installation and service maintenance contracts at the 278 facilities which are devolved and the status of the devolved police stations is as follows:

Since 1 January 2015, eleven (11) new generators were supplied (East Cape- 4, Western Cape – 5 and Limpopo – 2). This is in addition to the 255 devolved police stations which already have backup generators.

By the end of the financial year, all devolved police station will be equipped with backup generators.

The total cost of the (i) installations at the eleven (11) devolved police stations were R 2, 907 096-00. The running cost depends on the total hours the generator is operating. The estimated cost per hour is approximately R 130-00.

Reply received: June 2015

QUESTION 1826

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 22 MAY 2015

(INTERNAL QUESTION PAPER NO 15-2015)

1826. Mr G Mackay (DA) to ask the Minister of Police:

Has the Specialised Commercial Crime Unit ever investigated the alleged misappropriation of funds by a certain company (name furnished) from the Central Energy Fund; if so, what is the status of the investigation?

NW2046E

REPLY:

There is no record of any investigation relating to the Lesedi Biogas Project within the Commercial Crime Investigation Units.

Reply received: June 2015

QUESTION 1819

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 22 MAY 2015

(INTERNAL QUESTION PAPER NO 15-2015)

1819. Mr Z N Mbhele (DA) to ask the Minister of Police:

(a) On what date did the Edenvale Community Police Forum (CPF) last hold an Annual General Meeting (AGM), (b) how often is the Edenvale CPF supposed to hold AGMs and (c) what steps does he intend to take to ensure that the Edenvale CPF adheres to the statutory provisions in this regard?

NW2039E

REPLY:

30 October 2014.

The Annual General Meeting of the Edenvale CPF is held once a year.

Compliance inspections are conducted by Division, Provincial, Cluster Visible Policing and the Inspectorate.

Monthly and quarterly review reports are assessed to ensure adherence to statutory provisions.

Reply received: June 2015

QUESTION 1815

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 22 MAY 2015

(INTERNAL QUESTION PAPER NO 15 - 2015)

1815. Mr. Z N Mbhele (DA) to ask the Minister of Police:

Whether an Independent Police Investigative Directorate report and/or investigation docket that is sent to the National Prosecuting Authority for decision requires the signature of the Executive Director and/or a provincial director before it is forwarded? NW2035E

Reply:

According to IPID Standing Operating Procedure (2015/16), the investigator initiates completion of a file through the Supervisor after completing a case investigative report. The Supervisor reviews, quality assures directives and reports and recommends decision ready to Director Investigation. The Director Investigation approves/disapproves. All Section 28(1) – (g) cases must be referred for decision to the SPP/DPP before closure.

Reply received: June 2015

QUESTION 1814

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 22 MAY 2015

(INTERNAL QUESTION PAPER NO 15-2015)

1814. Ms D Kohler (DA) to ask the Minister of Police:

Whether a certain person (name and details furnished) was permitted to continue working at the SA Police Service (SAPS) after being dismissed on 11 November 2014; if so, (a)(i) why was this permitted and (ii) under whose authority and (b)(i) how many months’ salary was paid to the person after being dismissed, (ii) how much did the person earn in each month in the specified period of being permitted to continue working at SAPS, (iii) who approved the specified salary and (iv) how will this money be recovered?

NW2034E

REPLY:

Yes

(a)(i) On 27 January 2015 the Provincial Commissioner of KwaZulu-Natal responded to the chairperson of the hearing’s report in terms of Regulation 16(1) of the South African Police Discipline Regulations, 2006, which is the report of the final outcome of the disciplinary hearing by applying her mind in terms of Regulation 16(2) of the said Regulations and varied the sanction of dismissal to the one of suspended dismissal.

In terms of Regulation 16(1) of the aforesaid Regulations, the chairperson of the hearing must, if an employee is found to have committed misconduct and a disciplinary sanction referred to in Regulation 15(1) (e) (Dismissal) is imposed upon him/her, within five (5) working days of his /her determination, notify the National Commissioner of the reasons for his / her finding and for imposing the sanction.

In terms of Regulation 16(2) of the aforesaid regulations, the National Commissioner may, within five (5) working days of receipt of such notice (chairpersons report), vary the sanction by either reducing it or setting it aside and provide full reasons therefore: Provided that the National Commissioner may only take such steps in respect of an employee under the command of the Provincial or Divisional Commissioner after consultation with the commissioner concerned.

NB: The function to vary the sanction by either reducing it or setting it aside in terms of Regulation 16 (2), has been delegated to Provincial and Divisional Commissioners.

(a)(ii) Reasons provided by the Provincial Commissioner for her decision are as follows:

The employee’s medical condition was not taken into consideration by the chairperson;
The employee’s health status was not dealt with in terms of Agreement 13/2001 on Employees of the South African Police Service living with HIV/AIDS Policy;
The employee was conducting her own defence. (was not represented during the hearing);
The EHW’s role in assisting the employee in integrating her back to employment environment in order to adjust, cope with her medical condition and providing support had not been done and there was no evidence led to this effect during the hearing;
The employee had been diagnosed with depression and was referred to the psychiatrist on 17 January 2014 by her doctor, Doctor Chokoe, who had been treating her for her current sickness;
She had been admitted to hospital for stress, allegedly due to social and work environment and was seen by the Specialist Neurologist.
It is further evident that she underwent a procedure during her admission in hospital on 3 August 2014.
The Provincial Commissioner in consultation with Legal Services and the Deputy Provincial Commissioner: Human Resource Management agreed that it was clear that adequate supportive structures and mechanism had not been put in place to assist the employee in terms of the aforesaid agreement and further in terms of the Labour Relations Act Code of Good Practice on HIV/AIDS.
It was further clear that the employee’s circumstances had not been given full consideration before the sanction was imposed.
It was due to the above reasons that the consideration of a lesser sanction than that of a straight dismissal was recommended to the National Commissioner.
The guilty findings were maintained as the employee dismally failed to adhere to absenteeism prescripts and had to be dealt with through the leave management process.

The Provincial Commissioner exercised her authority as provided for in terms of Regulation 16(2) of the SAPS Discipline Regulations, 2006, as delegated to her in terms of the delegation of authority by the National Commissioner.

(b)(i) This was permissible as the administrative decision taken by the Provincial Commissioner was based on the prescripts namely, provisions of Regulation 16(2) of the SAPS Discipline Regulations, 2006. The Provincial Commissioner’s response is attached as per Annexure A.

(b)(ii) The salary could not be stopped as she was still in the employ of SAPS. The Provincial Commissioner acted within the mandate of the prescripts. See her response and reasons for her decision.

(b)(iii) The Provincial Commissioner acted on her mandate in insuring that discipline is applied in terms of Regulation 4(a), (b) and (d) of the SAPS Discipline Regulations, 2006, i.e.

(a). Discipline is a corrective and not a punitive measure;

(b). Discipline must be applied in a prompt, fair; and

(d). the fair treatment of the employees by ensuring that they; enjoy a fair hearing in both formal and informal proceedings; are timeously informed of allegations of misconduct against them; receive a written reasons explaining the rationale for any decision taken; and have the right to appeal against any finding of misconduct made at a disciplinary hearing or sanction imposed at such hearing.

(b)(iv) In terms of the Provincial Commissioner’s decision as per her mandate informed by the empowering prescripts the payment of the salary was due to the employee. See attached Annexure A.

Reply received: June 2015

QUESTION 1801

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 22 MAY 2015

(INTERNAL QUESTION PAPER NO 15-2015)

1801. Mr M G P Lekota (Cope) to ask the Minister of Police:

Whether his department, in keeping with a very important objective of the National Development Plan, has successfully converted a number of our country’s many crime-ridden and gangster-infested areas into safe and secure communities free of gangs and crime using a new blue print devised by his department in co-operation with communities and experts; if not, why not; if so, (a) which areas have been converted, (b) to what degree and (c) what is the blue print that is being used by his department?

NW2020E

REPLY:

The information that is required is not readily available as each case must be verified before the information can be submitted. A request is hereby made for an extension in order for us to provide quality and correct information as soon as it is received.

Reply received: June 2015

QUESTION 1794

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 22 MAY 2015

(INTERNAL QUESTION PAPER NO 15-2015)

1794. Dr P J Groenewald (FF Plus) to ask the Minister of Police:

(1) What do the total costs of the Werksmans Report on the probe into the two investigative reports of the Independent Police Investigative Directorate amount to for his department;

(2) whether he will make a statement on the matter?

NW2013E

REPLY:

The Ministry has received the first statement from Werksman. The information contained therein is currently being verified. The costs of services rendered will also be informed by the outcomes of the Court case. A report will be provided to the Honourable Member once all expenses have been consolidated and verified.

Reply received: June 2015

QUESTION 1789

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 MAY 2015

(INTERNAL QUESTION PAPER NO 14-2015)

1789. Adv A de W Alberts (FF Plus) to ask the Minister of Police:

(1) (a) What is the status of the investigation into the charge with case number CAS 198/4/2014 that was laid at the SA Police Service in Nelspruit and (b) who is the accountable officer in charge of the investigation;

(2) why does there appear to have been no progress one year after the case was opened?

NW2008E

REPLY:

The case in question is currently still under investigation.

(1)(b) The investigating officer is Sergeant Twala.

(2) The delay in the investigation is as a result of the complainant failing to submit a sworn statement. The initial statement that was submitted was never made under oath. Several attempts were made by the investigating officer to obtain his sworn statement but were unable to secure a successful appointment with the complainant for purposes of obtaining a further statement. Upon receipt of the complainants sworn statement the case docket will be submitted to the relevant prosecutor for consideration.

Reply received: June 2015

QUESTION 1753

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 MAY 2015

(INTERNAL QUESTION PAPER NO 14-2015)

1753. Mr Z N Mbhele (DA) to ask the Minister of Police:

What progress has been made with regard to case number 79/05/2015 reported at the Edenvale police station?

NW1971E

REPLY:

All witness statements have been obtained. A warning statement was taken from the suspect. The case was forwarded to the Senior Public Prosecutor for decision on 15 May 2015.

Reply received: June 2015

QUESTION 1742

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 MAY 2015

(INTERNAL QUESTION PAPER NO 14-2015)

1742. Mr S J Masango (DA) to ask the Minister of Police:

(1) What was the purpose of his recent visit to Embalenhle in the Govan Mbeki Municipality;

(2) whether he was informed of the illegal mining taking place at Embalenhle; if not, what is the position in this regard; if so, (a) what steps did his department take to stop the miners from this illegal activity and (b) were any arrests made?

NW1960E

REPLY:

The purpose of the visit relates to a stakeholder engagement.

Yes.

(2)(a) The Secunda Cluster in conjunction with other role players did conduct an operation on 2015-04-15 and 2015-04-16 to address the problem of illegal mining.

(2)(b) During the two day operation, 25 arrests were made. On 2015-05-08 Operation Fiela was conducted with successes.

Reply received: June 2015

QUESTION 1717

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 MAY 2015

(INTERNAL QUESTION PAPER NO 14-2015)

1717. Mr W M Madisha (Cope) to ask the Minister of Police:

Whether the SA Police Service (SAPS) has any solution to successfully and effectively stop armed bandits from routinely and brazenly robbing mobile telephone shops, jewellery shops and residences, often resulting in the death of defenceless citizens; if not, why not; if so, what has the SAPS been able to achieve in this regard in the period 1 May 2014 to 30 April 2015?

NW1935E

REPLY:

SAPS as part of the Joint Operational and Intelligence structures of government established a crime combating framework to deal with serious and violent crimes including armed robbery. This includes the functioning of Priority Committees involving all relevant SAPS units and other departments at national and provincial level as well as SAPS specific crime combating structures that operate from station to national level.

All operational SAPS disciplines are activated to address armed robbery from Crime Intelligence who deals with information as well as operational analysis to inform policing interventions, to Detective Service responsible for investigation of cases and Visible Policing capacity that deals with crime prevention, crime combating and law enforcement actions.

SAPS also works closely with industry stakeholders and other departments in the criminal justice system to ensure the optimal access to and use of information to ensure successful prosecution, opposing of bail and conviction of offenders.

SAPS works with industry stakeholders like the Consumer Goods Council of SA, the South African Banking Risk Information Centre, Business Against Crime, mobile service providers, second hand goods forums and partners like community police forums to develop preventative and reactive strategies to address crime. Prevention initiatives include the use of technology to combat crime and include, for example, the use of micro dot technology to identify stolen goods and trace the markets for stolen goods. Statistics for the period requested, have not yet been released.

Reply received: June 2015

QUESTION 1712

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: MAY 2015

(INTERNAL QUESTION PAPER NO -2015)

1712. Mr F Beukman (ANC) to ask the Minister of Police:

Whether the Civilian Secretariat for Police has finalised an (a) action plan and (b) work methodology to deal with service delivery complaints regarding the SA Police Service; if so, what are the relevant details?

NW1930E

REPLY:

Yes. The Civilian Secretariat for Police has an internal business process to manage service delivery complaints. We are also engaging the Presidency and National Treasury regarding a workshop for all stakeholders to align the management of all service delivery complaints pertaining to the Police.

Reply received: June 2015

QUESTION 1711

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 MAY 2015

(INTERNAL QUESTION PAPER NO 14 - 2015)

1711. Mr F Beukman (ANC) to ask the Minister of Police:

Whether the Independent Police Investigative Directorate has implemented specific measures to ensure that their vacancy rate is below 10% of their total staff establishment; if so, what are the relevant details?

NW1929E

REPLY:

The IPID has developed recruitment plan that is aimed at ensuring that all vacant positions on the establishment are filled. The staff establishment has 393 positions. The vacancy rate as of 11 May 2015 is at 12.4%. There are additional 21 positions that the Minister must approve before uploading on the PERSAL. The positions will be 414 during 2015/16. The recruitment process is underway.

Reply received: June 2015

QUESTION 1710

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 MAY 2015

(INTERNAL QUESTION PAPER NO 14-2015)

1710. Mr F Beukman (ANC) to ask the Minister of Police:

Whether station cluster commanders are obliged in terms of their performance contracts to conduct management visits to the police stations and satellite police stations under their command on a regular basis; if so, what are the relevant details?

NW1928E

REPLY:

Yes, the cluster commanders are required to conduct management visits to the police stations and satellite police stations in a cluster.

Reasons:

The cluster commander must manage and maintain effective and efficient functioning of police stations in a Cluster.

The Cluster Station Management Framework (CSFM) is intended to structure, quantify and qualify the day-to-day activities of police stations in a cluster. Compliance inspections by the Cluster Office will verify that the required Station inspections were conducted in terms of the prescribed frequencies, quantity and quality. Cluster Office inspections will confirm priorities and shortcomings identified by the Station Management or will instruct appropriate interventions and corrective measures.

Therefore the cluster commander is required to conduct regular management visits to police stations in a cluster to ensure compliance with the necessary governance relating to functions at police stations.

The strategic objectives of the Cluster Station Management Framework (CSMF) include the following:

Quantify the work of individuals and improving accountability i.e. Cluster Commander, Station Commander, Detective Commander, etc;
Improve command and control on supervisory and managerial levels;
Facilitate performance assessment;
Monitor and evaluate performance;
Identify and provide information on poor performance.

Reply received: May 2015

QUESTION 1701

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 MAY 2015

(INTERNAL QUESTION PAPER NO 13-2015)

1701. Dr P J Groenewald (FF Plus) to ask the Minister of Police:

(1) How many helicopters of each type (a) does the air wing of the SA Police Service (SAPS) have in its possession and (b) are currently operational;

(2) whether there are any plans to replace some of these helicopters; if not, why not; if so, (a) which helicopters will be replaced, (b) with what model will the specified helicopters be replaced and (c) when will the replacement take place;

(3) whether he will make a statement on the matter?

NW1921E

REPLY:

(1)(a) 37 helicopters.

Type of Helicopter	Total
Messerschmitt Bolkow Blohm BK 117	1
Messerschmitt Bolkow Blohm B105	13
Ecureuil AS 350 B2	1
Ecureuil AS 350 B3	14
MacDonald Douglas Hughes MD 500E	2
Robinson R 44	6

(1)(b) 33 are operational.

(2) Yes.

(2)(a) B105’s.

(2)(b) That will depend on the outcome of the tender processes.

(2)(c) When money is made available by the Treasury.

(3) No.

Reply received: May 2015

QUESTION 1700

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 MAY 2015

(INTERNAL QUESTION PAPER NO 13-2015)

1700. Ms D Kohler (DA) to ask the Minister of Police:

(1) Whether all police stations currently have generators; if not, (a) which police stations do not have generators and (b) when will such generators be supplied to the specified police stations;

(2) what contingency plan exists to ensure that services provided by SA Police Service continue in the event of (a) power outages due to load shedding and (b) a collapse of the national power grid?

NW1920E

REPLY:

No, not all fully fledged police stations have generators. Of the 1138 police stations 197 do not have generators. Of the 197 police stations, 184 police stations are non- devolved (responsibility of DPW) and 13 are devolved (responsibility of SAPS).

(1)(a) The following 184 non-devolved fully fledged police stations do not have generators:

PROVINCE	NON DEVOLVED: STATE-OWNED	NON-DEVOLVED: LEASED
Eastern Cape	29	0
Free State	32	2
Gauteng	0	2
KwaZulu-Natal	22	4
Limpopo	5	2
Mpumalanga	8	1
North West	3	3
Northern Cape	24	8
Western Cape	15	24
TOTAL	138	46

Attached links find list of the police stations: /files/RNW1700A-150525.xlsx
/files/RNW1700B-150525.xlsx
/files/RNW1700C-150525.xlsx
/files/RNW1700D-150525.xlsx
/files/RNW1700E-150525.xlsx
/files/RNW1700F-150525.xlsx
/files/RNW1700G-150525.xlsx
/files/RNW1700H-150525.xlsx
/files/RNW1700I-150525.xlsx

The following 13 devolved fully fledged police stations do not have generators:

PROVINCE	DEVOLVED STATE OWNED
Western Cape	Camps Bay
Western Cape	P A Hamlet
Free State	Edenburg
Free State	Reddersburg
Free State	Rosendal
Free State	Theunissen
Free State	Villiers
Eastern Cape (Umtata)	Elands Heights
Eastern Cape (Umtata)	Illinge
Eastern Cape ( PE)	Ezibileni
Eastern Cape ( PE)	Fish River (Moyeni)
Eastern Cape ( PE)	Keiskammahoek
Eastern Cape ( PE)	Seymour

(1)(b) The National Department of Public Works has been requested to register projects for the provisioning of generators at the non-devolved police stations. Funding has been made available for the 2015/ 2016 financial year.

All devolved police stations without generators will be provided with a generator in the 2015/2016 financial year.

(2)(a)&(b) - The SAPS is including solar perimeter lighting in all new generator and electrical maintenance contracts.

- Five (5) devolved police stations are fully dependent on solar power:

Afsondering, Katkop, Lukholweni, Mbizeni and Zamuxolo.

- The SAPS is in the process of putting out a tender for the procurement of mobile backup generators to be distributed by the Provinces as and where the need arises.

2015-07-02

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