ATC110412: Report on Budget Vote 25 of Department of Police For 2011/12

Police

REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON BUDGET VOTE 25 OF THE DEPARTMENT OF POLICE FOR 2011/12, dated 12 April 2011

 

The Committee examined the Budget Vote of the Police (Vote 25) for the 2011/12 financial year, as well as the projections of the Medium-Term Expenditure Framework (MTEF) for 2012/13 and 2013/14, which are included in the Estimates of National Expenditure (ENE) 2011. The budget was examined in conjunction with the Department’s Strategic Plan 2010 – 2014 and the Annual Performance Plan for 2011/12. The Committee reports as follows:

 

1.   INTRODUCTION

 

1.1.       Structure of the Report

 

The Report is divided into eight sections. Section 1 provides an overview of the meetings held during the budget process and outlines the structure of the Report. Section 2 provides a summary of stakeholder concerns raised in the preparatory meetings on the budget of the Department of Police. Section 3 and 4 provide a summary of the key strategic focus areas of the Department of Police for 2011/12 and the budget of the Department of Police for 2011/12 respectively. Section 5 provides a summary of the key strategic focus areas of the Civilian Secretariat for Police and the budget of the Civilian Secretariat for 2011/12. Section 6 identifies key observations and concerns of the Portfolio Committee on Police arising from these hearings. Sections 7 and 8 summarise recommendations for both the Department of Police and the Civilian Secretariat and the conclusion of the Portfolio Committee on Police with respect to the budget process.

 

1.2.             Meetings held

 

In preparation for the meetings with the Department of Police, the Portfolio Committee on Police held preparatory hearings on 01 and 02 March 2011 and the following submissions were received:

 

·         The Police and Prison Civil Rights Union (POPCRU)

·         The South African Police Unions (SAPU)

·         The Financial Fiscal Commission (FFC)

·         The Office of the Auditor General

 

In addition, an overview was provided by the Research Unit of the Parliament of South Africa on 24 March 2011

 

The Committee received the following briefings from the Department of Police and the Civilian Secretariat of Police and a total of five meetings were held in which the budgets and annual plans were discussed:

 

·         The Department of Police: Briefing on the Annual Performance Plan 2011/12 and 
      Budget (Vote 25) 2011/12 (29, 30 and 31 March 2011).

 

·         The Civilian Secretariat of Police, which receives a proportion of the budget of the 
      Department of Police: Outline of its budget allocation for 2011/12 in terms of its 
      strategic priorities (30 March 2011).

 

1.3.   Late tabling of 2011/12 Annual Performance Plan of the Department of   
           Police

 

The Department of Police requested permission from the Speaker of the Parliament of South Africa to table their 2011/12 Annual Performance Plan on 22 March 2011, rather than on the stipulated date of 9 March 2011.  This delay in tabling of the 2011/12 Annual Performance Plan of the Department of Police impacted on the schedule of the Portfolio Committee on Police.

 

2.         SUMMARY OF STAKEHOLDER CONCERNS

 

The following section provides a short summary of key concerns raised by the stakeholders in the preparatory meetings:

 

2.1.       The Police and Prison Civil Rights Union (POPCRU)

 

POPCRU raised the following issues:

 

·         The SAPS organisational structure is top-heavy. A flatter structure is required for 
      improved service delivery. The top-heavy structure consumes the bulk of the  
      budget and causes delays in decision making, and there are too many Deputy 
      Director- Generals and super-Deputy Director-Generals in the Department.

·         Funds should be invested in training and development at all levels.

·         The use of private security companies for guarding purposes by the SAPS is not 
      cost effective.

·         There are inequitable services delivered particularly in rural areas.

·         While merit is important, there should be support given to previously disadvantaged 
      groups in terms of promotions.

·         Community Safety Fora (CSFs). The management and funding of       
      Community Safety Fora and Community Police Fora (CPFs) should be 
      strengthened.

·         Sector policing is important and experienced senior officials are required at station 
      level.

·         Traffic police should be incorporated into the SAPS.

 

2.2. The South African Police Unions (SAPU)

 

SAPU raised the following issues:

 

·         Police should be fully trained and equipped to deal adequately with violent crime 
     and sophisticated criminals.

·         SAPS needs to do away with the culture of patronage and lateral entry 
     appointments, which seems to be an unwritten policy for a few elite.

·         There is a growing perception that SAPS once again are unnecessarily becoming 
      violent and that corruption is on the increase.

·         There is no meaningful infrastructure that has been developed to support the work 
      of the Community Police Fora (CPFs).

·         Detectives are overloaded with dockets. Detectives are forced to pay attention to 
      serious crimes thereby neglecting the less serious crimes.

·         Crime intelligence is under-resourced and poorly equipped, particularly at 
      station level, where most resources are required.  

·         The state of many barracks is appalling.

·         POLMED enjoys an unfair monopoly, and its premiums are high. Police 
     members should be free to join any medical aid of their choice.

 

2.3. Financial and Fiscal Commission (FFC)

 

The Financial and Fiscal Commission (FFC) raised the following issues:

 

·         The SAPS spends more on Administration than it should. Service delivery activities 
      need to consume the bulk of the budget.  

·         It is important to ensure that performance indicators are aligned with the spending 
      priorities of the Department.

·         It is aware that there are problems in building projects and is worried that the 
      budget is being allocated and yet the Department is not delivering in this area.

·         In response to concerns around virement, the FFC stated that Parliament has a 
     responsibility to ensure that even though virement might be approved by National 
     Treasury, Parliament also scrutinises these virement before approval of the 
     Adjusted Estimates. National Treasury approves pending approval from Parliament. 
     The key issue is the degree of flexibility that Parliament wants to give to National 
     Treasury.

 

2.4.       Office of the Auditor-General

 

Key areas of focus for the Office of the Auditor-General in terms of its audit of the SAPS for 2010/11 included:

 

·         Supply chain management: including the management of contracts and project 
      management, identification of fraud indicators, and all irregularities identified and 
      disclosed.

·         Predetermined objectives: Although the AG will not give an ‘opinion’ on  
  predetermined objectives it identified risks including the quality of 
  reports and whether these are in line with National Treasury prescripts. Risks 
  identified for the SAPS are that there is a lack of monitoring and review at station   
  level and that there is sometimes an absence of supporting documents.

·         All indicators for Programmes 2, 3, 4 and 5 will be audited.

·         The Office will also visit a number of units, including National Intervention Unit, 
   Public Order Police unit, Forensic Science Laboratories (FSL), the Criminal Record    
  Centres (CRC), Crime Intelligence, a number of Ports of Entry and 24 police 
  stations. A list of these stations will be provided to the Committee.

·       Information Technology: with a focus on controls for the various systems, including 
      the Crime Administration System (CAS).

 

3.   STRATEGIC PRIORITIES OF THE SAPS FOR 2011/12

 

The Department of Police is mandated to prevent, combat and investigate crime, maintain public order, protect and secure the inhabitants of South Africa and their property and uphold and enforce the law.

 

3.1. Focus areas for 2011/12

 

The Department will focus on the following areas in 2011/12:

 

·         Crime Prevention

o        Reduction of crime levels, in particular trio crimes and crimes against women 
           and children;

o        Improving police response and the policing of incidents of public disorder;

o        Substance abuse as a contributing factor to the violent nature of crime;

o        Measurable increase in visibility through police stations;

o        Implementation of an intelligence-driven, integrated, crime prevention 
           strategy; and

o        Reduction of illegal firearms.

 

·          Crime perception management

oMobilization of the community in the fight against crime;

oBuilding a positive image of the SAPS; and

oImplementation of the Victim Empowerment Programme.

 

·         Effectiveness and integration of border management

o        Contribute to effective border management and the establishment of a Border 
      Management Agency.

 

·             Combating corruption

o        The prevention, detection and investigation of corruption in the SAPS;

o        Managing perceived and actual levels of corruption; and

o        Co-ordinated anti-corruption operations across the Criminal Justice System 
          (CJS).

 

·          Investigation of crime

oEffective investigation of reported crime, with the focus on the detection and 
         court- ready dockets rates;

oCo-ordinated focus on apprehending and charging known criminals;

oFurther capacitating of the Detectives and Directorate for Priority Crime 
         Investigation (DPCI);

oFocus on national priority crimes, including serious economic crime, with the key 
         consideration being the combating of cyber-crime and identity theft, corruption 
         and organised crime;

oImproving of the Criminal Justice System (CJS);

oEstablishment of specialised units to deal with priority crimes, particularly crimes 
          against women and children, and stock theft;

oIntelligence utilization; and

oCo-ordination of delivery of quality and professional services.
 

·         Support to the investigation of crime

o        Improving forensic services and fingerprints;

o        Improving the collection of evidence;

o        Improving procedures for the updating of records of offenders; and

o        Enhanced processing of forensic and fingerprint evidence.

 

·          Crime Intelligence

o        Provide actionable intelligence on crime priorities to enable prosecutions;

o        Emphasise intelligence operations pertaining to serious crime, including 
            contact and trio crimes, syndicates involved in drug- and people smuggling and 
            human   trafficking;

o        Capacitate crime intelligence;

o        Enhance the quality of threat assessments;

o        Improving targeted undercover operations through advanced covert 
            methodology;   and

o        Improve co-ordination between crime intelligence and operational divisions.

 

 

·             Human Capital Development

o        Skills development through Training Provision Plan and retention of skills;

oFocused recruitment of personnel through Human Resource Management 
            Plan;

o        Health and wellness of employees; and

o        Transformation

 

·             Budget and resource management

oImproving infrastructure;

o        Building of new police stations/offices and the refurbishment of existing 
           stations/offices;

oVictim-friendly facilities;

oEnhancing asset management; and

oCritical items, including vehicles and bullet-resistant vests

 

·         Enhanced Information Systems and Information Communication Technology 
     (IS/ICT)

o            Development of IS/ICT, including integration of systems across the Cluster;

o            Coordinated management of continuum of criminal justice and performance 
        across the CJS; and

o            Implement Information and Communication Technology Plan.

 

4.   SAPS BUDGET FOR 2011/12

 

4.1. Overall Analysis

The Department of Police has five Programmes namely Administration, Visible Policing, Detective Services, Crime Intelligence, and Protection and Security Services. The Department’s allocation for 2011/12 is R58 billion which, in real terms, is a 3.5 per cent increase compared to the previous year’s increase of 3%. Programmes Administration and Visible Policing continue to receive the largest allocations, as each programme received R20 billion and R24 billion respectively.

 

Vote 25

 

 

 

 

 

 

 

 

 

 

 

 

 

4.1.1.          Current expenditure and capital expenditure:

 

The following table highlights a comparison of increases to the selective aspects of the   
 capital and current allocations for 2011/12 in comparison to the previous year.

 

Economic Classification	2010/11 Allocation	2011/12 Allocation	% change
Current Payments (R50 329,6  billion in 2010/11 rising to R54 596,4 billion  in 2011/12)
Compensation of employees (personnel expenditure)	R38 416.1	R41 070.3	26%
Goods and services which includes:	R11 913 .5 billion	R13 526.1 billion	14%
Computer services	R2 690.8 billion	R3 363.9 billion	25%
Lease payments	R1 780.8 billion	R1 996.2 billion	12%
Property payments	R752.9 million	R1 011.1 billion	36%
Payment for Capital assets (R2 761,8 billion in 2010/11 rising to R3 000,5 billion in 2011/12)
Building and fixed structure	R1 118.2 billion	R1 235.3 billion	10%
Machinery and equipment	R1 642. 4 billion	R1 765.0 billion	7%

 

Current expenditure: In terms of Goods and Services, which fall under Current expenditure, substantial increases are noted in Computer services and Property payments. The increase in allocation for Leases is also noted.

 

Capital expenditure: The allocation for Building and fixed structures increases by 10% to R1.235 billion (from R1.118 billion in 2010/11). It is from this line item that all construction and maintenance projects for police stations and other facilities are allocated. 

 

In terms of Machinery and equipment, the following assets will be bought in 2011/12:

 

·         9 628 bullet proof vests (R43.55 million)

·         6 600 firearms (R35.9 million)

·         Renewal of vehicle fleet (R1.1 billion)

 

4.1.2.          Additional allocations for 2011/12:

 

Additional allocations for 2011/12 and the MTEF total R1.495 billion (2011/12), R2.052 billion (2012/13) and R3.365 billion (2013/14). These include:

 

·         Improved Conditions of Service: R1 225 billion (2011/12); R1 374 billion (2012/13); 
     R1 423 billion (2013/14)

·         Municipal Charges: R170 million (2011/12); R218 million (2012/13); R262 million 
     (2013/14)

·         Additional Personnel – visible policing; detective services; crime intelligence: R100 
     million (2011/12); R400 million (2012/13); R1.6 billion (2013/14)

·         Tactical Response Teams: R30 million (2012/13); R40 million (2013/14)

·         Crime Intelligence Capacity: R30 million for operational centres (2012/13); R40 
      million for vetting of personnel (2013/14)

 

4.1.3.          Ring-fenced funds for 2011/12:

 

For the 2011/12 financial year, the Appropriation Bill [3 – 2011] reflects the amounts that have been specifically and exclusively appropriated for certain functions within the Police budget:

 

·         Integrated Justice System programme: total R2.131 606 billion for 2011/12 (R2.23 
      billion for 2012/13 and R2.36 billion for 2013/14)

-  Within Programme: Administration, an amount of R1.3 billion has been ring-fenced for Goods and Services related to the modernisation of the Integrated Justice System (IJS) Programme, with R14 million ring-fenced for payments for capital assets related to the IJS Programme.

- There were additional allocations ring-fenced for the modernisation of the IJS Programme within Programme: Detective Services, where R200 million is set aside for the compensation of employees, R455 million for Goods and Services and R84 million for payments for capital assets.

 

·         Construction and upgrading of police stations: total R936 472 million for 2011/12 
      (R983 million for 2012/13 and R1.04 billion in 2013/14).

-  Within Programme: Administration, an amount of R936 million is ring-fenced for   
            facilities planning, which includes the construction and upgrading of police stations.

 

·         Devolution of funds from Public Works: R2.202 295 billion for 2011/12 of which 
      R918 million is for accommodation charges, R677 million is for leases and R606 
     million is for Municipal charges.

 

4.2  Programme Analysis

4.2.1           Programme 1: Administration

 

Administration is responsible for the development of operational policy, provision of administrative support, as well as the management of the Department.

 

The Administration programme of the Department comprises the following sub- programmes which are Ministry, Management, Corporate Services and Property Management

 

Budget Allocation for Programme 1: Administration

 

 

 

 

 

 

 

 

 

 

 

There are few changes in Programme: Administration. As from 2011/12, sub-programmes: Minister and Deputy Minister would be combined into one sub-programme: Ministry, and what used to be referred to as Property Management is henceforth called Office Accommodation.

 

The total allocation for the Programme increased from R18 billion in 2010/11 to R20 billion in 2011/12, thus reflecting a 7 % real increase. Due to medical aid payments, Sub-programme: Corporate Services receives the biggest allocation.

 

Total expenditure for the medial aid – POLMED - for 2009/10 was R3.489 billion increasing to R4 billion in 2010/11.

 

4.2.2.                    Programme 2: Visible Policing

 

The purpose of Programme 2: Visible Policing is to enable police stations to institute and preserve safety and security and provide for specialised interventions and the policing of South Africa’s borderlines. Visible Policing programme comprises the following three sub-programmes namely: Crime Prevention, Border Security and Specialised Interventions.

 

Budget Allocation for Programme 2: Visible Policing

 

 

 

 

                             

 

 

 

 

 

 

Visible Policing is one of the Department’s priority programmes, and it is directly responsible for service delivery, as it hosts police stations and crime prevention activities.

 

Some of the changes that were introduced for 2011/12 in this Programme relate to the relocation of two Sub-programmes from Programme 5: Protection and Security Services, namely Rail Police and Port of Entry Security to Programme 2: Visible Policing. Rail Police has since formed part of Sub-programme: Crime Prevention, while Port of Entry Security has been incorporated under Sub-programme: Borderline Security, thus resulting in the renaming of that Sub-programme as Border Security.

 

The allocation for Programme: Protection and Security Services decreased from R3 billion to R1.5 billion due to the relocation of its two sub-programmes.

 

Under the sub-programme: Crime Prevention, the Department has indicated that it will:

·         Reduce the number of reported serious crimes by 2 %

·         Reduce the number of contact crimes by 4 - 7 %

·         Reduce the number of trio crimes by 4-7%

The Department will increase the number of recoveries as a result of policing focusing on stolen and lost firearms by 3% and liquor by 10%.

 

The number of staff employed in each sub programme is as follows:

 

·             Crime Prevention: 85 893 staff

·             Border Security 7 114 staff

·             Specialised interventions: 5515 staff

 

4.2.3.          Programme 3: Detective Services

 

The purpose of the Programme is to enable the investigative work of the South African Police Services, including providing support to investigators in terms of forensic evidence and the Criminal Record Centre. The Programme has the following four sub-programmes:

 

·         Crime Investigations: accommodates detectives at police stations, who investigate 
      general crimes, as well as serious and violent crime.

·         Specialised Investigations: hosts the DPCI (Directorate for Priority Crime 
      Investigations) which specialises in combating organised crime. 

·         Criminal Record Centre (CSC): funds criminal record centres, which manage 
      criminal records.

 

·         Forensic Science Laboratory (FSL): funds forensic science laboratories, which 
     provide specialised and technical analysis and support to investigators in relation to 
     evidence.

 

Budget Allocation for Programme 3: Detective Services

 

 

 

 

 

 

 

 

 

 

 

The overall increase of the Programme’s allocation was 6 per cent in real terms compared to 9 % increase that was attained in the previous financial year. Sub-programme: Forensic Science Laboratory continued to receive a larger percentage increase in real terms, as was the case in the previous financial year(s). The 34.8% increase is notable in the light of much necessary improvements required in this regard.

                       

In terms of Criminal Justice funds for the Criminal Records Centre (CRC) and the Forensic Science Laboratory (FSL) the following is noted:

 

·         Criminal Justice System funds for CRC were R220 million for 2010/11 and R208.5 
     million for 2011/12 (allocations for 2012/13 of R317 million and for 2013/14 of 
     R320.6 million for 2013/14.

 

·         Criminal Justice System funds for FSL were R120 million for 2010/11 and R331.5 
      million for 2011/12 (allocations for 2012/13 of R225 million and for 2013/14 of 
      R251.2 million for 2013/14.

 

The number of staff employed in each sub programme is as follows:

 

·         Crime Investigations: 25 605 staff complement, which includes detectives. It was 
     stated that the SAPS appointed 2 396 general detectives in 2010, bringing the total 
     detective establishment to 22 687.

·         Criminal Record Centre: 3 967 (374 additional functional members appointed in 
     2010 and 348 additional functional members will be appointed in 2011/12)

·         Forensic Science Laboratory:  1 462 (100 additional functional members appointed 
     in 2010 and 150 additional functional members will be appointed in 2011/12)

·         Specialised investigations (organised crime, serious and violent crime, commercial 
     crime and corruption): 2 617

 

 

4.2.4.          Programme 4: Crime Intelligence

 

The purpose of Crime Intelligence is to manage crime intelligence and analyse crime information, and provide technical support for investigations and crime prevention operations. The programme has the following two sub-programmes:

 

·         Crime intelligence Operations: provides for intelligence based crime investigations.

·         Intelligence and Information Management: provides for the analysis of crime 
     intelligence patterns to facilitate crime detection, in support of crime prevention and 
    crime investigation.

 

Budget Allocation for Programme 4: Crime Intelligence

 

 

 

 

 

 

 

 

 

The objective of Crime Intelligence is to contribute to the neutralisation of crime through crime intelligence projects, operations and investigation by:

 

·         Gathering, collating and analysing intelligence that leads to an actionable policing 
      activity;

·         Compiling crime intelligence products and reports to identity crime prone areas  and 
      suspects;

·         Conducting operations focusing on serious and violent organised crime, security 
      intelligence, property-related crimes and crimes dependent on police actions;

·         Providing actionable intelligence on crime priorities to enable prosecutions;

·         Focusing intelligence operations on recovery of illegal firearms;

·         Enhancing analysis capacity to improve the quality of crime threats assessments;

·         Enhancing capacity to improve the Security Standards through vetting; and

·         Strengthening the management of Minimum Information Security Standards 
     (MISS).

 

The Programme’s allocation has increased from R1.9 billion in 2010/11 to R2.1 billion in 2011/12, which was 4 per cent real increase.

 

The number of staff employed in each sub programme is as follows:

 

·         Crime Intelligence Operations: 2 844

·         Intelligence and Information Management: 4 698

 

It was reported that 783 entry level appointments will be made in 2011/12.

 

 

4.2.5.          Programme 5: Protection and Security Services

 

The purpose of this programme is to provide protection and security services to all identified dignitaries and Government interests. The relative growth in this programme is essentially due to the carry-through effect of the compensation element (cost of living). Prior to 2011/12, Programme: Protection and Security Services had six sub-programmes. In 2011/12 Sub-programme: Rail Police as well as Port of Entry Security were incorporated under Programme 2: Visible Policing. This resulted in the reduction of the budget allocation for Programme 5: Protection and Security Services. The allocation decreased from R3 billion to R1.5 billion, and it is distributed among the sub-programmes as shown in the following table: 

 

Budget Allocation for Programme 5: Protection and Security Services

 

 

 

 

 

 

 

 

 

 

 

5.     CIVILIAN SECRETARIAT FOR POLICE

The Secretariat derives its mandate from section 208 of the Constitution, which states that a civilian secretariat for the police must be established by national legislation to function under the direction of the Cabinet Member responsible for policing. Currently, national legislation in the form of section 2(1)(a) of the South African Police Service Act No. 68 of 1995 provides for the establishment and location of the Secretariat  under the SAPS. The Civilian Secretariat for Police Service Bill [B16-2010] has been passed by Parliament:

 

The Strategic Plan 2011-2014 and the Annual Performance Plan 2011/12 of the Civilian Secretariat were approved by the Minister, but, as the Civilian Secretariat is still a cost centre of the SAPS, these reports do not have to be tabled in Parliament.

 

The Secretariat’s strategic objectives are as follows:

 

·         Monitor and evaluate the implementation of the policing by SAPS

·         Encourage and enhance responsible community participation in crime prevention

·         Provide strategic and operational research support to the Minister

·         Provide policing policy advice to the Minister

·         Provide legal advice and support to the Minister on legislation, civil litigation, 
      constitutional and other legal matters

·         Provide the Minister with communication services.

 

The Secretariat is being re-organised as its new legislation is being finalised. The enactment of that legislation will ensure the following:

 

·         Financing of the Secretariat with funds appropriated from Parliament

·         Establishment of provincial secretariats, which should be functional a year after the 
      enactment of the Bill

·         Provincial secretariats to have separate budgets given to them by their respective 
      provinces, with the Secretary being accounting officer.

·         The Secretariat to fully assume the responsibility of monitoring the implementation 
      of the Domestic Violence Act (DVA).

 

5.1.     Strategic Focus Areas for 2011/12

 

The Civilian Secretariat for Police will focus on some of the following policy areas during the 2011/12 financial year:

 

·         Review of the White Paper for Safety and Security as a guiding document 
      for future policy development and legislation

·         Review of the SAPS Act and regulations

·         Review of policy linked to the regulation of the Private Security Industry

·         Finalisation of the Firearms Control Act amendment and regulations

·         Any other policy areas as may be determined by the Minister.

 

5.2.     Budget estimates for the Civilian Secretariat for Police  2011/2012

 

The move to a designated department will require significant increase in the budget of the re-organised Secretariat. The personnel budget will increase from approximately R14 million in 2010/11 to R27 million in the 2011/12 and R37 million in 2012/13 financial years. The total budget of the Civilian Secretariat for Police will increase from R25 281 000 in 2010/11 to R41 558 854 in 2011/12.

 

The Secretariat is still operating as a cost centre under the SAPS budget and is divided into the following Programmes:

·                             Programme 1: Administration

·                             Programme 2: Partnerships

·                             Programme 3: Policy and Legislation

·                             Programme 4: Monitoring and Evaluation

 

5.2.1.          Programme 1: Administration

 

The purpose of this programme is to ensure that staff of the Civilian Secretariat for Police are supported to operate in a conducive work environment and ensure improved service delivery. The following table indicates the amount allocated per subprogramme:

 

Programme 1: Administration
Sub programme : Office of the Secretary	R2 063 902
Sub programme : Human Resource Development	R28 912 437
Sub programme: Supply Chain Management	R2 022 400
Sub programme :Auxiliary Services	R300 920
Total	R33 299 659

 

5.2.2.          Programme 2: Partnerships

 

The purpose of this programme is to mobilize Role-Players, Stakeholders and other partners in the fight against crime. The following table indicates the estimated budget for 2011/12.

 

Programme 2: Partnerships
Sub programme: Establish stakeholder programmes	R324 000
Sub programme: Inter-governmental co-operation	R233 650
Sub programme: Stakeholder consultation & Civil Society Partnerships	R1 050 000
Sub programme: Establishment of CSF's	R365 225
Sub programme :Public Private Partnerships	R229 800
Total	R2 202 675

 

5.2.3.          Programme 3: Policy and Legislation

 

The purpose of this programme is to provide quality research, policy and legislative advice to the Secretary and the Minister. The table below shows the estimated budget for this Programme.

 

Program 3: Policy, Research, Resource Centre and Legislation
Sub programme: Policy and Research	R1 273 130
Sub programme :Resource Centre	R320 000
Sub programme :Legislation	R1 251 190
Total	R2 844 320

 

5.2.4.          Programme 4: Monitoring and Evaluation

 

The purpose of this programme is to ensure efficient and effective oversight over the SAPS through monitoring and evaluation. The table below shows the estimated budget for this Programme.

 

Program 4: Monitoring & Evaluation
Sub programme: Service Delivery & Performance Audit	R591 000
Sub programme :Transformation & Compliance	R325 800
Sub programme : Provincial Co-ordination	R2 293 400
Total	R3 210 200

 

 

6.       COMMITTEE OBSERVATIONS

 

The Committee made the following observations and identified the following questions and issues of concern:

 

6.1. Department of Police

 

6.1.1.          2011/12 Annual Performance Plan

 

The Committee raised a number of serious concerns with regard to the 2011/12 Annual Performance Plan. These included:

 

·         The 2011 Annual Performance Plan was tabled late, which negatively impacted on the programme of the Committee.

• The 2011/12 Annual Performance Plan was not in line with National Treasury guidelines. Lack of compliance with these instructions included:

o        The formatting of reporting programme performance indicators was not adhered 
      to, including that there were no medium-term target headings.

o        No quarterly targets for performance indicators were provided.

o        The Plan did not provide information on entities such as the Private Security 
      Industry Regulatory Authority (PSIRA).

o        No information was provided on material changes in policy and programmes  
     effected since the previous year, such as the shift of Railway Police and Ports of 
     Entry from Programme 5 to Programme 2.

o        In many cases no targets were provided for the 2012/13 and 2013/14 years.

• In many cases the targets for certain performance indicators in the Plan differ from those provided in the 2011 Estimates of National Expenditure.
• The formatting of figures is inconsistent and, in some cases, inaccurate. For example, it is stated that R1.1 million is allocated for vehicles when the figure should be R1.1 billion.
• Changes in targets are not clearly identified; for example, when targets have been decreased (rather than increased), such as in the case of detection rate for crimes against children and the completion rate for police station projects.
• The 2011/12 Annual Performance Plan does not include a detailed Infrastructure and Capital Asset Plan.
• The target for 2011/12 is confusing when read in conjunction with the Long Term Infrastructure and Capital Asset Plan included in the 2010-2014 Strategic Plan. This is not conductive to effective monitoring of construction and maintenance projects around police facilities.
• The 2011/12 Annual Performance Plan does not include a detailed IS/ICT Plan. Neither is this contained in the 2010-2014 Strategic Plan. This is not conducive to effective monitoring in the area of IS/ICT.

·         Some sections of the 2011/12 Annual Performance Plan have clearly been copied   
  out of the 2010/11 Annual Performance Plan.

·         In the presentation made to the Committee, it was apparent that there are    
 numerous measures that will be taken during 2011/12 and the MTEF to improve the  
 functioning of the SAPS. The fact that none of these are included in the Plan is 
 problematic. While it is understood that the Annual Performance Plan cannot and 
 should not contain all projects and initiatives that will be taken by the Department, it 
 is clear that, in comparison to many other departments, the Annual Performance 
 Plan of the Department of Police has always been too concise. The lack of 
 information in the Plan reduces its effectiveness as a management tool and as a 
 tool by which the Department can be held accountable by Parliament.

·      Members raised serious concerns around the use of the 2009/10 performance   
 figures as a baseline for targets for 2011/12. This means, for example, in practice, that the percentage increase which are defined as targets for 2011/12 can actually be achieved over a two-year period rather than a one-year period. While understanding the problem with using 2010/11 projected figures which are not yet audited, it is clear that there is no alternative but to do just this. Members felt that the Department cannot be given a two-year period to achieve their annual performance targets.

 

Response by the Department: In response to the issue of the use of the 2009/10 baseline for targets for 2011/12, the Department stated that it uses those figures as these are audited figures. If they used the 2010/11 figures, these would be estimations based on performance for the first 9 months of the year, and they stated that, in some cases, the last 3 months can change the trends quite drastically. The Committee was not satisfied with this response.

 

6.1.2.                    Programme 1: Administration

Key issues of concern to the Committee with regard to the budget and planning for the Administration Programme included:

 

 

 

 

·         Training

 

Members raised concerns regarding the processes to ensure that the courses are being offered effectively and that the integrity of training is maintained at all times. Problems were identified in some of the basic training colleges (Philippi and Bishop Lavis), as well as with the SAPS firearms training course.

 

Members raised concerns around the nature of the inspections and highlighted the point that it was only after the visit by the Portfolio Committee to the Philippi Basic Training College that a decision was made to remove the principal of the College. It had also come to the attention of the Committee that it is alleged, at some courses, trainers were actually providing the answers to the trainees in their assessments.

 

Response of the Department: The Department stated that 152 000 members will receive training in 2011/12, in comparison with a baseline of 231 205 in 2010/11. The duration of courses varies from a few days to a year. Monitoring and Evaluation teams inspect the Academies and capacity building is provided for trainers.

 

In response to concerns of the Members regarding inspections, the Department will try to improve on their inspection processes to ensure that problems of this nature do not occur. The Department will look at the reports of the Portfolio Committee and put in place measures to ensure better control and co-ordination.

 

·         Recruitment

 

Members asked questions around the recruitment strategy (particularly the approach of getting input from CPFs, schools, etc) as well as on the use of lateral entry appointments.

 

Response of the Department: The Department stated that there is a Recruitment Policy in place to ensure that the right people are appointed for the job. Recruitment Committees have been established to serve at police station level. This Committee will rotate between police stations. The process of selection by the Committee will include considering qualifying criteria as well as references by community institutions.

 

In a written response by SAPS on the lateral entry appointments, the following explanation was provided: ‘The South African Police Service Employment Regulations, 2008, provides in Regulation 45(8), (9) and (10) as follows:

“(8)       The National Commissioner may promote an employee to a vacant post in the 
            fixed establishment of the Service if -

(a)  such a vacancy is sufficiently funded; and

           (b)   the vacancy has been advertised and the candidate selected in accordance 
                with regulations 43, 44 and sub-regulations (1) to (7).

(9)        Notwithstanding the provisions of sub-regulation (8)(b), the National 
          Commissioner may promote an employee into a post without advertising the 
           post, and without following the selection process, if -

            (a)  the National Commissioner is satisfied that -

(i)      the employee qualifies in all respects for the post;
           (ii)    there are exceptional circumstances that warrant the 
                   deviation from the said sub-regulation; and
            (iii)   such deviation is in the interest of Service; and                
           (b)    the National Commissioner has recorded the reasons for the deviation in 
                   writing.

(10)       A promotion may not come into effect before the first day of the month following 
           the date on which the National Commissioner approved it.”

The South African Police Service Employment Regulations, as quoted above, provides for the National Commissioner to, in exceptional circumstances, promote an employee without advertising a post.

Since the appointment of the National Commissioner, a total of 18 employees within the Senior Management Service and 3 employees from salary levels 8 to 12 were appointed in terms of Regulation 45. A total of 132 Senior Managers and 432 employees from salary levels 8 to 12 were appointed in terms of the normal appointment and promotional processes (i,e, advertisement, selection, interviews and appointment).

·         Management Structure

 

In response to concerns raised by the unions about the top-heavy nature of the SAPS organisational structure, the Committee raised a number of questions on this issue.

 

Response of the Department: The Department provided an organogram to the Committee and stated that there is currently one National Commissioner and 6 posts for Deputy National Commissioners (DNCs). The post of DNC Operations is currently vacant. The Department stated that it did not believe that the organisation was top heavy and that there were 665 persons on senior management level (level 13 and above i.e. 0.35%) out of a total of 188 601 members.

 

·         Infrastructure

 

Members noted key concerns with the lack of an updated Infrastructure Plan for 2011/12 and the MTEF and the fact that, because the 2010-2014 Strategic Plan has not been updated, it is extremely difficult to effectively monitor building projects. Members also noted that the target for completion of police station projects has been reduced from ‘not less than 95% of police station projects completed’ in 2010/11 to ‘70% of police station projects completed’ in 2011/12. Members were concerned that the SAPS were thus planning for non-completion rather than completion of these projects. In addition, Members noted that in their reporting on progress in 2010/11 the Department reported on percentage of each building project completed (e.g. 90 percent of a particular police station) rather than on the total percentage of targeted building projects completed (e.g. 90 percent of all police stations targeted for completion were completed). This reporting is disingenuous. Members also raised concerns that the presentation noted quite a few police stations that were still to be completed in the 2010/11 financial year, but there were only two days of the 2010/11 financial year still remaining, so it was clear that not all of these would be completed in the time period. Members also requested that all delays in building projects should be reported to the Committee at the time of the delay.

 

Members raised questions around the completion status of particular building projects, including Bedwang, Hebron, Blue Downs and Durban North. Questions were also raised around the time taken to occupy a police station after completion and the status of temporary stations in terms of when they will be replaced by permanent structures.

 

Members also raised concerns around the state of the barracks and wanted to know what the budget for renovation/upgrading of barracks was for 2011/12.

 

Members requested clarification on the information contained in the presentation which stated that SAPS Building Services were no longer going to take on major construction projects. In addition, Members raised concerns as to how the Department would ensure that corruption and other mismanagement did not reoccur in this environment.

 

Response by the Department: The Department stated that they are currently in the process of developing a new revised three year infrastructure plan and have conceded that an update of the information in the 2010-14 Strategic Plan is necessary. The Department acknowledged that some police stations have been prioritised for building/upgrade/renovation which should not have been prioritised. The decision has been made to complete all the existing identified building projects but to reprioritise, in future, based on clearly defined needs. The Department agreed to report delays in building projects to the Committee.

 

The Hebron police station will be completed in September 2011. The tender for the lift for Blue Downs police station has been awarded and the lift will be installed in the first quarter of 2011. The Department stated that occupation should take place soon after completion, but they may need to develop policy around this issue to ensure that this occurs. They will follow up on the instance of Ga-Maseoela, where, apparently, the station is completed but has not been occupied.

In a written response on the Durban North police station, it was stated that ‘the Durban-North police station project is executed by the Department of Public Works (DPW) and is currently 99% complete. Outstanding aspects entail roadworks, painting, cleaning and mechanical installations being concluded. The envisaged completion date is planned for the end of April 2011. ‘Although this project is executed by DPW, the Provincial Facility Manager attends site meetings with DPW on a regular basis’.

In response to concerns around the Bedwang police station, In a written response SAPS explained that ‘Bedwang Police station was not on the Capital Works Projects list. To this extent the Provincial Commissioner: North West Province will be requested to conduct an investigation in order to add the project on a priority list for execution in future’.

The Department stated that some temporary police station structures are of a very high quality. In terms of barracks, the Department acknowledged the poor state of many of the barracks. Currently they are building flats for occupation by SAPS members rather than barracks. They need to align their system with the new policy on housing for all government officials. A plan is being put in place to deal with the problems in the barracks.

 

The Department stated that the decision has been made that the SAPS Building Services will use subcontractors to take on building projects (as is done by the Department of Public Works). It was stated that a number of improvements have been made in the SAPS management in this area, including proper systems/process implemented and monitored. Project managers have been appointed and will begin work on 1 April 2011.

 

·         Other Assets

 

The budget makes provision for the purchasing of vehicles to the value of R1.1 billion, but Members wanted information on the number, types and distribution of these vehicles. Members also raised concerns around the SAPS garages (whether these are cost effective) and the maintenance plans for new vehicles (whether all new vehicles will be purchased with comprehensive plans).

 

Members also raised concerns around the comfort of the bulletproof vests and whether there were plans to buy more comfortable vests for the police, which may encourage a higher usage by the police.

 

Members also noted that additional firearms will be purchased in 2011/12 (6 600), but that on station visits the Committee had noted that there was a surplus of firearms at many of the stations.

 

Response by the Department: The Department noted with respect to vehicles that all provinces have been asked to finalise their needs in terms of vehicles, but that they will wait for the transversal contract from National Treasury before finalising their purchase list. All new vehicles will be purchased with service plans. The SAPS is exploring other options, other than then using their own garages, for maintenance and repairs.

 

At the moment the Department is purchasing bulletproof vests from different countries. These are safe but not very comfortable. At present the strategy is to ensure that all personnel on the ground have vests, but, in future, the strategy will shift to introduce more comfortable vests after this issue has been thoroughly researched.

 

No new firearms were purchased in 2010/11 and the 6 600 that will be purchased in 2011/12 are only for the new recruits. The Department stated that even though individual stations may have a surplus of firearms, the Department does not believe that there is a surplus of firearms.

 

 

·         Information System (IS)/Information Communication Technology (ICT) 
      projects

 

The target for completion of IS/ICT annual funded projects for 2011/12 was set at 70 per cent in the 2011/12 Annual Performance Plan. Members were concerned that the target was set at 70 per cent rather than at 100 per cent, thus planning for non-completion of projects. In addition, Members noted that the absence of a clear plan for development, implementation and rollout of IS/ICT projects makes effective monitoring impossible. Specific concerns were identified around a number of projects including Tetra (where the tender was awarded even though the guarantees were not provided); Automated Fingerprint Identification System (AFIS) (where they were alerted that no back-up system exists); and Property Control and ExhibitManagement Solution (PCEM) (where there were questions around the contract and value for money).

 

In addition, Members questioned whether, after years of funding for Integrated Justice System projects, any of the systems within the criminal justice departments actually ‘talk to each other’.

 

Response by the Department: The Department provided a candid response to the identified problems in the IS/ICT environment and explained the historical context of some of these problematic initiatives/projects. The Department stressed that it was committed to turning these problems around and noted that there are skills and expertise within the Department which, if channelled correctly, could be utilised to address these problems. All projects are being thoroughly investigated and reassessed.

 

The Department stated that the 70% target was to take into account external inhibiting factors which include delays in signing contracts by the State Information Technology Agency (SITA). It was stated that, for example, the contract for upgrades to the hosting network were only signed by SITA in June 2010, which explains why the vendors are still on site. In addition, contracts have still not been awarded for the CCTV project which started in 2008.

 

PCEM: The Department provided a lengthy response to concerns on PCEM. A stop–gap solution to a problem identified in 2007 around the theft of drugs was put in place in the form of the EMS at a cost of R500 thousand. The service provider for EMS was a former SAPS employee. The Department noted that it is probably correct that the PCEM contract was published and awarded, but that the ‘winner’ had an unfair advantage.

 

After the contract was awarded, an addendum was included with a list of products that are not purely IS/ICT but include other technologies. For these products there is thus no standing contract.

 

AFIS: The Department also has concerns around the AFIS project. When the system was initially procured there was accommodation made for commercial and private searches requested by industry (3000 searches). The SAPS procured AFIS from this company in 2009 at a cost of R20 million. However, there are now concerns around the small number of searches that can be done using the system (10 000) and the fact that there is no disaster recovery capability. Upgrades will be expensive and will cost about R400 million. The SAPS has thus decided to test the market and has noted that there are only three suppliers worldwide. They will put out a tender with specification including 20 000 checks per day. They plan to complete this project within one year.

 

TETRA: When the contract was awarded in 2009/10, R180 million was paid to the company without them producing a guarantee. A major shareholder subsequently sold his share of the company to someone else. In 2010/11 a decision was thus made not to pay, as the requirements were not met. The SAPS only paid for work done in the period April - August 2010 at a cost of R31 million. The Department has budgeted for payment for 2011/12 but expects the letter of guarantee, as the SAPS is concerned as to why there is difficulty in receiving this letter.

 

Integration of systems: The Department stated that there is no integration at present for any of the systems in the criminal justice departments, despite the Integrated Justice System project being initiated in 2007 and the Criminal Justice System project which was initiated in 2010. The Departments can access each other’s systems with permission, but the systems do not ‘talk to each other’. A transversal team has been tasked to finalise and show progress on integration. The Department stated that it has insisted that all departments begin to take more responsibility for projects such as e-docket and that it should not be seen to be a SAPS responsibility only.

 

E- Docket will be implemented before the end of 2011 in at least 20 police stations which have the highest number of cases. It is currently piloted at Cullinan police station. A decision was taken not to buy scanners in 2011/12 but to outsource this function of scanning dockets into the system, as they want the system to be running by the end of the year.

 

·         Expenditure for 2010

 

Members asked for clarity on the 101.3% over-expenditure for sub-programme: Management as at 31 December 2010 and on the final expenditure for 2010/11 in this sub-programme. Members also cited a problem with late payment of invoices. Members asked for the cost of the National Police Day for 2010/11 and its budget for 2011/12.

Response of the Department: In a written response SAPS explained that the sub- programme Departmental Management provides for the National Commissioner, Deputy National Commissioners, Provincial Commissioners and personnel, and the Secretariat for Police. The allocation in 2010/11 for this specific sub-programme is R54,314 million whilst the actual expenditure as at year-end is R75,311 million. 

 

The reasons for spending in excess of the allocated amount mainly relates to an increase in compensation for additional personnel and retirements not initially foreseen, and associated goods and services.

 

The Department stated that generally they pay invoices within 30 days of receipt. Where Committee Members have specific details of late payments these will be provided to the department and it will be followed up.

A written response from SAPS on the National Police Day was as follows: Total costs with regard to the National Police Day are as follows:

·         2010:    R29,235 million

·         2011:    R36,348 million as at year-end

Reconciliation and vesting against a specific project code is currently being finalized.

In terms of Section 35 retirement packages, the Department stated that a total of 13 Section 35s were given in 2010/11 at all levels.

·         Expenditure of earmarked/ring-fenced funds

 

Members raised questions as to whether the Department will spend the earmarked funds for the Integrated Justice Systems and Criminal Justice System, Only 21.6 % of the earmarked funds for the IJS (totalling R1.2 billion) was spent by the end of December 2010.

Response of the Department: The Department stated that it will spend the earmarked funds by the end of the 4th quarter. They acknowledged that spending by the end of the 3rd quarter 2010 was low, mainly due to a review of the project which resulted in the  delay of orders. Much of this funding will be spent on improving attendance at crime scenes through improving capacity and hiring additional personnel, as well as equipping these personnel with vehicles, necessary equipment, and training.

·         Ratio of Administrative staff to operational staff

Members raised concerns that the ratio of administrative to operational staff is 1:3 rather than more that 1:5 which should be in terms of the guidelines of the Department of Public Services and Administration.

Response of the Department: The following written response was received: As at 28 February 2011, the Department’s workforce profile represents a total of 188 601 employees (SA Police Act: 150 113 and Public Service Act: 38 488). With specific focus towards employees appointed in terms of the SA Police act (150 113), the following table provides perspective on the number of functional members (directly involved in policing functions) and non-functional members (directly or indirectly involved in policing functions):

Total functional members	% to total employees appointed in terms of the SA Police Act	Total non-functional members	% to total employees appointed in terms of the SA Police Act
138 814	92,5%	11 299	7,5%

     

The category non-functional members (11 299) includes amongst others the following occupational professionals:

Medical and natural science personnel (i.e. Forensic Analysts) (9,63%), pilots (0,44%), artisans and architects (7,76%), engineers (1,33%), management and support (47,24%), line-function

class=Section2>

support (21,41%), legal services (1,81%) and social service workers, including chaplains (4,68%).

Although the work performed by these occupational professional could in some instances be seen as administration related, it is evident that these professionals render direct and/or indirect policing functions and/or services necessary for the optimal functioning of the Department.

·             Reservists

Members raised concerns about the policy for reservists and the revised National Instructions that seem to exclude members of the public that want to assist in fighting crime. Members stated that not all of these reservists were using the system to find employment within the SAPS. Members also raised questions on the number of reservists that meet criteria for training as per agreement and plan in this regard.

Response of the Department: The Department stated that, due to problems in the past where reservists had expectations of permanent employment within the SAPS, there was a need to review and address the situation. For this reason, it was decided that only employed reservists would be accepted. A total of 1 800 reservists were included in the 2010/11 basic training intake.

·         Basic Services at police stations

The Annual Performance Plan lists a new target for 90% capital  projects at police stations to be completed, which includes projects for electricity, water and sanitation to be provided to police stations.

Response of the Department: The Department has provided a list of all police stations that will receive these services in 2011/12.

6.1.3.          Programme 2: Visible Policing

Members noted that the presentation on Visible Policing, which is the largest Programme within the budget vote of the SAPS, had little substance or information. Hardly any additional information was provided on how the budget for this Programme would be spent in 2011/12.  However, the following key issues of concern and questions were raised in terms of Programme 2:

·         Removal of certain targets

Members raised concern that the target for establishment of victim support centres had been removed, even though support to victims was a priority of government. The target for crimes in the Railway environment was also removed, even though there was a marked increase (over 30%) in these crimes in the first 9 months of 2010/11. The Committee felt that, despite observations by the Department that the removal of this target did not mean that it was not a priority, the target should be re-established due to serious problems in this environment. This will assist in more effective monitoring.

Response of the Department: The Department stated that even though the target for the removal of the Railway Police has been removed it is captured under all other targets. Removal of the target, in the opinion of the Department, does not mean that it is not a priority.

·         Reduction of targets

Members raised concerns around the reasons for reduction of targets. These include the decision to reduce the target of contact crime from 7-10 % per annum to 4-7 % per annum in 2010/11. The reduction of only 2 % for serious crimes was also questioned.  The Committee stated that the department should do a proper scientific study, lessons learnt to date and best international practises. Clear reasons should be provided for the basis for the reduction of this target. The Committee is not concerned about who reduced the target but rather on the reasons that supported the reduction of the target.

Response of the Department: The Department stated that the decision to reduce the target from 7-10 per cent to 4-7 % was a Cluster decision rather than a decision by the Department. The 2 per cent reduction in serious crime is also a Cluster target. The 7-10 per cent target was set in the 2004 January Lekgotla and adopted by the SAPS. Some of the targets were achieved but not all of them, and the JCPS thus stated that this target was not realistic for all types of crime. The target was then reduced to 4-7 %. The 2 % target for serious crimes is a new target.

The Department responded in writing that a comprehensive reply in this regard would be incorporated with the issues raised with regard to the Annual Performance Plan, to be responded to by 30 April 2011.

·         Absence of targets in the Plan

The absence of a number of critical targets in the Plan reduces the ability to monitor policing effectively. Members raised concerns that, for example, there is no target for implementation of sector policing.

Response of the Department: The Department has stated that it needs to revisit the sector policing issue as, in some areas, it is working well (Gauteng) but in other areas it is less successful.

·         Implementation of the Firearms Control Act

The 2011/12 Annual Performance Plan includes a new target for applications for firearm licences, permits, authorisations and renewals to be processed within 90 working days. Members wanted to know when this 90-days period starts, what responsibilities the station will take to ensure that applications are complete, and concerns around a possible increase in appeals resulting from this process. Members also raised concerns around the IT system supporting these processes.

Response by the Department: The Department stated that the 90-day period will start once the completed applications are received at station level. In response to Committee concerns around the Designated Firearm Officer (DFO) at station level, the Department stated than the Minister had announced a turn-around strategy in this regard and that the head of the Unit had been replaced. In addition, the DFO function has now been made a full-time position. The signing delegations have also been increased to Lt Colonel level. The Department is reporting to the Minister on a weekly basis on these issues. The Department acknowledged serious problems with the IT system supporting this process and stated that legal proceedings will arise on this issue.

·         Stolen firearms

Members questioned the role the Department will play in reducing the number of stolen privately owned firearms. The concern is that this is not within their sphere of control.

Response by the Department: Despite a target provided the Department could not respond to this question.

·         Border Security

Members requested information on the timelines for takeover by the SANDF on the Free State and Eastern Cape borderlines and noted that the Department had not responded to a previous request for information on this issue (with regard to the roles and responsibilities of the SAPS and the SANDF on the border) which was reported in the BRRR of the Committee.

Response by the Department: The Department stated that  the SAPS will still be present at the Ports of Entry and it is only at the borderlines that the South African National Defence Force (SANDF)  will take over. The withdrawal of the SAPS will be phased in . There are still police on the borderlines as part of the Rural Safety Strategy. The decision by Cabinet is that there should be joint policing of the border. The timeframe for SANDF ‘takeover’ is determined by the SANDF.

6.1.4           Programme 3: Detective Service

The following key concerns and questions were raised with regard to Programme 3.

·         Crimes against children

Members were concerned about the reduction of the target for detection rate of crimes against children which was reduced from 76-80% in 2010/11 to 66-70% in 2011/12 despite combating of crimes against children being a priority of Government.

In response to the challenges faced by the Department in this regard the Members stated that all attempts should be made to address these challenges so as to eliminate the need to decrease the target.

Response by the Department: The Department stated in the meeting that, arising from the Child Justice Act, there are now a number of challenges in dealing with children that commit crimes against other children. The Department stated that ‘most’ of the crimes committed against children are committed by other children. Essentially, this problem means that their current systems are not able to capture those children that have been detected as perpetrators but who are not yet or will not be charged.

In their written response on this issue the SAPS stated that ‘the Division: Detective Service is currently engaging the Division: Technology Management Services to bring about changes to the Crime Administration System (CAS) to be able to capture information on juveniles in conflict with the law on the system to include incidents relating to the Child Justice Act, Act 75 of 2008.  This process will be finalized in collaboration with Division: Technology Management Services by the 1st July 2011.

·         Lack of target for organised crime

The Committee was concerned about the absence of a target in the 2011/12 Annual Performance Plan for Organised Crime.

Response of the Department: According to the written response by the Department ‘the Directorate for Priority Crime Investigation is committed in improving the overall performance in addressing the organised crime threat. During the last two financial years the Department achieved the 40% target of organised crime projects successfully terminated. Based on previous achievements and to improve performance, the new target was set to 50% of organised crime projects successfully terminated for the 2010/2011 financial year. The changed focus of organised crime will be to target the criminal business system - which is threat based’.

·         Conviction rate

Members raised the question of why the SAPS have decided not to use the conviction rate as a measure of performance. While Members understood the complexity around using conviction rates as a measure, they stated that the Department could include a measure for the percentage of court-ready cases that receive a conviction.

Response of the Department: The Department stated that use of conviction rate as a measure is complicated by external factors. Court-ready case dockets are thus a more accurate reflection of the performance of the police.

·         Workload and the ideal number of detectives required

Members requested information on the average workload of detectives and whether the Department has ascertained the ideal number of detectives that are required in the establishment.

Response of the Department: In their written response the SAPS stated that ‘research will be done and the results will be made available after the research is completed.  According to the Budgetary Review and Recommendation Report on the Performance of the Department of Police for the financial year 2009/2010, dated 22 October 2010, a written report should be submitted to the Committee by October 2011.  If the research is finalized earlier, it will be provided to the Committee’.

 

·         Training of Detectives and capacity building for Branch 
      Commanders

Members questioned the process embarked upon by the Department to identify candidates at basic training to become detectives. In addition, Members raised the issue that during their station visits they were aware of large number of detectives that had received no detective training and that there were very limited annual slots for the training of detectives. Members also noted that performance of detectives at station level was largely dependent on the capacity of Branch Commanders and wanted to know what measures were in place to identify poorly performing Branch Commanders and to address their performance problems.

Response of the Department: In a written response the SAPS stated that specific selection criteria (test battery) was developed by the South African Police Service Psychological Services to be utilized to select and recruit candidates for the detective service.  The test battery aims to ensure that candidates for possible placement in the detective service have the aptitude, character and natural traits to investigate crime.

During the 2010/2011 financial year several candidates were tested at SAPS training institutions and a total of 252 successful candidates started the detective training at Graaff Reinet training institution.  These trainees completed the institutional phase of the detective training during February 2011 and are now placed at various police stations across the country.  They are placed with mentors to undergo practical training for a period of nine (09) months. In addition, during the meeting, the Department stated that, as a result of interventions by the Portfolio Committee, the mentorship programme has become more formalised.

The Department also stated in the meeting that a policy to provide for the retention of good detectives at higher salary levels had been approved and would be implemented in 2011. This will allow for detectives that are currently in management positions (such as station commanders) to be reinstated back into detectives at the same salary level that they would earn as station commanders.

The Department will also improve monitoring of performance of detectives. Performance at all levels will be more intensely monitored. Templates have been created to prescribe the role of each functionary and control mechanisms have been put in place. Monitoring will be done on a quarterly basis to identify problems quickly and put in place corrective action.  Performance indicators are in place at all levels, including Cluster Commander, Branch Commander and Station Commander. Training will be put in place in order to capacitate Branch commanders to fulfil their functions effectively.

·             Management of crimes scenes and improved criminal investigations

Members noted that proper management of crimes scenes was imperative in order to protect evidence.

Response by the Department: A crime scene manual has been developed and will be rolled out in 2011/12. A crime investigation manual will also be complete within the next 6 months.

·             Forensic Science Laboratory (FSL): Retention of Staff and expansion of services and reduction of backlogs

Members raised questions on the retention measures in place for skilled staff, the expansion of services to rural areas and progress on the reduction of backlogs in the FSL.

Response by the Department: The entry level for forensic analysts has been increased to level 7. This is effective from the 1 March 2011. This remuneration is higher than remuneration offered in other public service departments. The challenge, however, will continue to be retention at a higher level and this will be part of a second phase strategy .

FSL capacity in rural areas has also been identified as a priority and a decision has been taken to cascade this to Cluster level, which will assist in retention. This will decrease response time to crime scenes. Crime Scene experts will be capacitated with equipment and vehicles to improve effective functioning. These will be purchased from the Criminal Justice System allocation for 2010/11.

Decentralisation of FSL is also a priority, and the Laboratory in Kwa Zulu Natal is at an advanced stage and should be completed in the first quarter of 2011. A total of 750 additional personnel will be hired in the FSL environment in 2011/12.

In 2010 the backlogs in Forensics was at 47 660 and this has been reduced to a total of 18 901 in 2011 (by 60%). Not all of the 18 901 case are backlogs.

In terms of Biology (DNA) the Department stated that there are no longer backlogs with DNA testing. While there are still 3 235 cases, these will be completed within the timeframes. Some of these are ‘research cases’ which take a bit longer to complete. There was an 80% reduction in the Biology backlog from 2010 to 2011.

There was a 48% reduction of backlogs in Chemistry and a 5% reduction in backlogs in Questioned Documents. Questioned Documents does not, however, have a growing backlog problem. There are no backlogs in Ballistics.

·         Forensic Science Laboratory (FSL)/ Criminal Record Centre (CRC): 
      IS/ICT system:

Members raised concerns around the technology utilised by the FSL, including Genetic Sample Processing System (GSPS), Laboratory Information Management ystem (LIMS), and raised specific questions around the Marshall System. The Committee was concerned about the disassembled components of the Marshall System and wanted to know who sanctioned the removal, when, and what happened to components. Members also wanted to know the cost effectiveness of the manual versus the automated systems.

Response by the Department: The Department stated that there is now a very close working relationship between FSL/CRC and the Technology Service Management (TSM) divisions. They have diagnosed the challenges in the environment (also in regard to AFIS) and are trying to address these problems. The earmarked funds for the FSL/CRC environment provided in the 2010/11 budget will be spent.

GSPS: Is still being used. A study has been sanctioned on the efficiency of the system. The system cost R72 million and its maintenance costs are high. The system will be decommissioned at the end of its life span. The success rate of the system has improved from 33% in 2008, 45% in 2009 and 48% in 2010. Once the study is completed and the report delivered a decision will be taken about future use of the system. Currently it is used together with the manual system.

LIMS: There is only one LIM system in Pretoria. The Department agreed that it cannot procure the LIMS systems for all laboratories without validation and ensuring return on investment. A final decision on the LIMS system will be taken by end of June 2011.

Marshall System: In a written response by the Department it was stated that ‘with the approval of the former Divisional Commissioner: CR & FSS, Lt Gen Du Toit, the Marshall System was dismantled.  The work space was allocated to the Chemistry Section, drug analysis.  The only part of the Marshall System that is accounted for is the 3130 genetic analyzer which is utilized in the manual DNA process at Biology Section, Arcadia. The following parts of the Marshall System cannot be accounted for:

 -   Laboratory Benches, UPS’s, Aircons, Power plant;
-    EVO Liquid Handler;DNA Cycler; Plate Sealer;
-   Two(2) smaller Liquid Handlers;
-   Robots & Robot Tracks;
-   Sample Puncher & Cooling Containers

It was indicated that an investigation will be conducted to determine liability’.

·         FSL: Security measures

Security at the laboratories was also noted as a concern. Members asked what measures had been put in place to improve security at the Laboratories. Members also noted that for years the Department has stated that they will be installing CCTV cameras in the laboratories, but these are still not apparent. Members also noted that rape kits and other evidence that should be sent off to the laboratories are often seen on the shelves in SAPS 13 stores at station level.

Response by the Department: The Department stated that a total of six criminal cases are currently before the DPP and the investigations have been finalised. A number of measures have been taken to address security concerns. These include the procurement of temporary containers to hold the drugs in the laboratories, and a drug storage facility is being built in Pretoria. When drugs are delivered from the stations for testing, they are no longer held in the reception area but are moved immediately to the storage area. Life style audits are also being done of members of the Chemistry Unit in collaboration with the anti-corruption and integrity unit within the Hawks. There is also a rollout plan for medical surveillance of all people working in the drug environment to test for addictions.

In terms of security technologies, management of the contracts for camera and biometric control systems will be withdrawn from the SITA and moved to Supply Chain Management in the SAPS in order to fast track delivery of security technologies at the laboratories. The Department stated that while there are some cameras in the laboratories, these need to be properly maintained and moved to unknown strategic positions. A security assessment report has been completed and it will costs over R40 million to provide proper CCTV coverage. The Department stated that this is a priority and that once the tender is advertised this process should be implemented in the first quarter of 2011.

The Department stated that the PCEM system when fully implemented should alleviate some of the problems apparent at SAPS 13 stores. However the Department is concerned about the length of time that it takes  for rape kits to be delivered to the laboratories. The Department is trying to enhance its systems to ensure that there are no delays.

·         Expenditure for 2010

Members asked questions about the 400 % over-expenditure on consultants for lab services.

Reponses by the Department: A written response from SAPS states that the services referred to in this instance are typically the maceration of human remains that must be done to legislative specifics. Biology utilizes the service of universities to assist in this regard where human remains need to be macerated. Another example is the testing of white powders for “anthrax” threats in the Explosives environment. These functions can currently not be performed by analysts in the environment because there are no such subject matter experts available. The amount of human remains and “anthrax” cases cannot be predetermined and therefore there might be an increase of 400%. It differs on a yearly basis. 

6.1.5       Programme 4: Crime Intelligence

No questions asked by the Committee

6.1.6       Programme 5: Protection and Security Services

·         Shift of Railway Police and Ports of Entry from Programme 5 to 
      Programme 2

Members were concerned that the shift of these two areas from Programme 5 to Programme 2 were not identified clearly in the Plan, as is required in terms of the National Treasury guidelines. In addition, Members wanted an explanation of the term ‘functional purification’ which was provided as the reason for this shift.

Response by the Department: The Department stated that ‘functional purification’ means that certain functions which resided under Programme 5 should belong functionally under Programme 2. The two functions were therefore shifted to Programme 2 for that reason.

·         Number of SAPS members with bodyguards

The Committee wanted to know how many SAPS members had bodyguards and at what cost.

Response by the Department: The Department stated that only the National Commissioner is currently protected due to a threat on his life. This protection is not permanent. The Department was unable to provide the costs.

·         Security breaches

The Committee wanted to know the reasons for the five security breaches in the Static and Mobile Security sub-programme during 2010/11.

Response by the Department: The reasons for the five security breaches in the Static and Mobile Security sub-programme were due to problems outside of the control of the SAPS, including the lack of fencing at one National Key Point.

·         Target reduced

Members wanted an explanation for the drop in the target for percentage of identified Strategic Installations audited from 75 per cent in 2009/10 to 50 % c in 2011/12.

Response of the Department: The Department explained that the 2009/10 financial year was the start of this audit function and that, from that year on, the decision was made to audit half of the 227 installations in each financial year.

7.     CIVILIAN SECRETARIAT FOR POLICE

The Chairperson commended the Civilian Secretariat for presenting its Strategic Plan and Annual Performance Plan in a user-friendly document and at very short notice. The Plans are in line with the instructions from National Treasury and thus can be used effectively to hold the Secretariat to account. While commending the Secretariat on the quality of their plans, it was noted that the Secretariat should ensure that the Plans are not just about numbers but that, instead, they clearly outline expected outcomes that will be achieved.

The Committee highlighted the following observations and issues of concern:

 

·         Relationship with SAPS

 

The Committee questioned the level of co-operation between SAPS and Secretariat.

 

Response by the Secretariat: A forum should be established between the SAPS and the Secretariat to raise and address issues of concern. There are smaller issues that could first be raised in this Forum before bringing these to the attention of the Minister of Police or Parliament. The Secretariat has noted the concern about being both a player and a referee with regard to the SAPS. They have had discussions in this regard and have agreed that they need to focus on monitoring rather than implementation.

 

·         Establishment of provincial secretariats

 

The Committee wanted to know whether provincial secretariats had been established in all of the provinces.

 

Response of the Secretariat: The Secretariat stated that provincial secretariats have still not been established in any other provinces – other than the two in which they already exist. All provinces are engaging with the Secretariat on this issue, with the exception of one province. Four provinces have included the establishment of the provincial secretariats in their strategic planning.

 

·         Time lines for legislation

 

Members asked whether the timelines for review of legislation were on track.

 

Response of the Secretariat: A revised time line for legislation to be tabled in Parliament will be sent to the Committee. The only legislation that may be delayed is the revision of the Private Security Industry Regulatory Authority Act, as revision of the White Paper has been prioritised. The amendments to the Dangerous Weapons Act have been completed jointly with the Department of Justice and Constitutional Affairs and should be tabled in June 2011, after public comment has been received. The amendments to the Firearms Control Act should be finalised by the end of April 2011. The amendments to the SAPS Act must be introduced in Parliament by the end of 2011. The revised White Paper will inform the revisions to the Act. The Secretariat will send the dates for legislation that were sent to the Leader of Government Business, to the Committee.

 

·         Transitional arrangements around the Domestic Violence Act

 

Members enquired about the transitional arrangements that have been made with regards to the responsibilities around Domestic Violence Act that the Secretariat will taken over from Independent Complaints Directorate (ICD) and South African Police Services (SAPS).

 

Response of the Secretariat:  A task team has been established together with the ICD to deal with the handover of the Domestic Violence Act functions to the Secretariat.

 

The development of the CPF Guidelines will be done in conjunction with the Reference Group. The Secretariat will focus on improving the quality of the Domestic Violence Reports and will ensure that the reports also inform possible amendments to the Domestic Violence Act. The ICD will do the reporting for June 2011, after which this function will be taken over by the Secretariat.

 

·         National Instructions and Standing Orders

 

Members wanted to know what the role of the Secretariat would be in terms of oversight over National Instructions and Standing Orders.

 

Response of the Secretariat: The Secretariat needs to still consider this issue.

 

·         Appointment of a Chief Financial Officer and financial management 
     issues

 

The Secretariat intends to appoint the Chief Financial Officer by end of December 2011 or early January 2012.  The Committee strongly recommended to the Secretariat to appoint the CFO earlier so for the appointee be involved in the 2012/13 budget process. The Committee also wanted to know what steps had been taken to improve financial management at the Secretariat.

 

Response of the Secretariat: the Secretariat noted the point about early appointment of the CFO. In terms of financial management, it was stated that there is a monthly reporting system in place, but it has been difficult to capacitate these functions without an approved organisational structure. Two finance posts have been advertised and the asset register is being developed.

 

·         Visits to Police Stations

 

The Committee questioned how the Secretariat identified which police stations to visit.

 

Response by the Secretariat: The Secretary stated that the visits were guided by the information received from the Provinces and from complaints received including complaints from public and also stations that are problematic. In addition they took into account those stations that had not yet been visited by the Portfolio Committee on Police and the Department.

 

·         Amendments to the SAPS Amendment Act dealing with the 
      Directorate of Priority Crime Investigation (DPCI)

 

Members questioned why this amendment Bill had not been included into the Plans. Members also raised concerns about leaving this process to the White Paper and SAPS Act process, as the timeframe for these amendments meant that they had to be completed within 18 months, and delays within the other processes could cause problems in this regard.

 

Response of the Secretariat: The Secretariat stated that a team has been established including the Secretariat, the Hawks and the Department of Justice and Constitutional Development to address this issue. This will also be dealt with as a part of the White Paper Review and the amendments to the SAPS Act. The Secretariat acknowledged that, in the light of concerns of delays with the White Paper and other processes, it would be necessary to priorotise the DPCI amendments.

 

7.       RECOMMENDATIONS

 

7.1. Department of Police

 

The Committee recommended the following with regard to the 2011/12 Annual Performance Plan and budget for the Department of Police:

 

 

 

Consideration of Reports

 

·         The National Commissioner should ensure that the Reports of the Committee, including the station visit reports, training academy reports, Budget and Budget Review and Recommendation Reports (BRRR), are read by the Department and the issues raised in these reports are considered. In addition, where written responses are requested by a certain date, these should be adhered to or the Committee contacted if an extension is required.

 

·         The Department has stated in its written responses dated 5 April 2012 that a comprehensive reply on all aspects recorded in Budgetary Review and Recommendations Report on the performance of the Department of Police for the financial year 2009/2010, dated 22 October 2010 and Property Management and Capital Works within the South African Police Service, dated 21 October 2010, tabled in the National Assembly, will soon be presented to the Committee.

SAPS 2011/12 Annual Performance Plan

 

While it is clear that there are many plans and initiatives that will take place within the Department for 2011/12, these are not reflected in the Annual Performance Plan. This makes it very difficult for the Committee and other role-players to effectively monitor the performance of the Department.  In addition, it is clear that there are a number of serious problems with the current 2011/12 Annual Performance Plan including that the Plan is not in line with the instructions of National Treasury.

 

·         The Department should table a revised Annual Performance Plan. The 
      Department must ensure that its revised Annual Performance Plan is 
      aligned to the instructions by National Treasury and the other concerns 
      identified by the Committee in section 6.1.1 of this report . This should be 
      forwarded to the Committee, through the Minister, by 30 April 2011.

 

·         In addition, the Department must measure its targets on performance from 
      the estimated baseline figures for the previous financial year i.e. 2010/11 
      rather than 2009/10.

 

·         A detailed updated Five-year Infrastructure Plan should be submitted to 
      the Committee on completion, outlining completed projects in 2010/11 (by 
      year end), facilities that are planned for completion in 2011/12 and for the 
      MTEF, including starting  dates of all these projects, as well as projected 
      completion dates. These should include plans for all facilities, including 
      police stations, barracks (accommodation), training facilities, and 
      laboratories, amongst others. In addition,:

o        All delays in building projects  and cost implications thereof should be reported to the Committee at the time of the delay.

 

·         A detailed Five-year IS/ICT Plan with clear timeframes for completion of 
      projects, including the plan for the rollout of the projects, should be 
      submitted to the Committee.

 

·         The following indicators should be reinstated in the Annual Performance 
      Plan:

o        The indicator for Railway Police

o        The indicator for victims support centres

 

·         The Committee encourages the SAPS to continue in its quest to reduce 
      serious crime by 7-10 % and not 4-7 %, as indicated in the 
      SAPS Annual Performance Plan, and further urges the Department to 
      raise the concern with the Justice Crime Prevention and Security Cluster. 
      Further interactions on this matter may be required. . The Department 
      should also provide information on its own research completed or research 
      completed by the Cluster which informed the reduction of this target. The 
      Department responded in writing that a comprehensive reply in this regard 
      will be incorporated in the issues raised in the Annual Performance Plan, 
      to be submitted by 30 April 2011.

·         Despite the JCPS clustering of certain crimes, the Department should 
      divide the crimes for reporting purposes into different categories such as 
      those crimes dependent of police action and those that are not.

·         In future, the Department should endeavour to ensure that its Annual 
      Performance Plans and Strategic Plans are tabled in Parliament by the 
      date stipulated. Delays impact negatively on the programme of 
      the Committee and that of Parliament.

 

Additional information that must be submitted to the Committee includes:

 

The Department should provide information on the number, type and distribution of vehicles which will be purchased in 2011/12 after receipt of the transversal contract from National Treasury.

 

In addition to the 5 year plan the Department should provide a written submission to the Committee on all its IS/ICT projects by 15 July 2011.

 

The Department should provide a full report on implementation of the turnaround strategy with regard to processing of firearm licences, permits, and renewals.

 

The Department should provide a full report on the research conducted with regard to workloads and the ideal number of detectives by October 2011 or earlier if this research has been completed.

 

The Department should conduct a review of sector policing ,identifying at the challenges and how to address them, best practises, lessons learned and the roll-out to outstanding police stations.

 

The Department should provide information on the occupation of Ga-Ma semoela police station.

 

The Department should provide information as a result of completed audit on status of firearms country wide.

 

7.2. Civilian Secretariat for Police

 

The Committee recommended the following with regard to the 2011-14 Strategic Plan and 2011/12 Annual Performance Plan and budget for the Civilian Secretariat for Police:

 

Oversight function of the Secretariat

 

·         In line with its oversight function over the Department of Police, senior   
      representatives from the Civilian Secretariat for Police should be present 
      throughout the budget, annual and other strategic hearings processes 
      when the SAPS appears before the Committee. In addition, in future, the 
      Secretariat should make a presentation to the Committee, during budget 
      and annual report processes, on their analysis of the budget, strategic 
      plan and performance of the SAPS.

 

Legislation

 

·         The Secretariat should send the amended dates for legislation that were 
      sent to the Leader of Government Business, to the committee.

·         The Secretariat should ensure that they do not delay the amendments to 
      the SAPS Amendment Act that dealt with the Directorate of Priority Crime 
      Investigation, as these amendments must be finalised within 18 months.

 

Appointment of the Chief Financial Officer

 

·         The Secretariat is recommended to consider appointment of the CFO 
      earlier   so that the appointee can be involved in the 2012/13 
      budget process.

 

8.   CONCLUSION

 

The Portfolio Committee on Police will continue to fulfil its Constitutional obligation, guided by the rules of Parliament, in providing oversight over the functioning of the Department of Police to ensure that the SAPS and the Secretariat function effectively in line with their legislative and policy requirements. The Committee will further engage with the Department on some of the matters that emanated during the hearings.

 

The Portfolio Committee on Police supports the budget allocation of Department of Police for 2011/12 and the 2011 MTEF and recommends that the Budget Vote 25 be adopted.

 

 

Report to be considered