ATC121024: The Budgetary Review and Recommendation Report of the Portfolio Committee on Police on the performance of the Department of Police for the 2011/12 financial year, dated 22 October 2012.

Police

The Budgetary Review and Recommendation Report of the Portfolio Committee on Police on the performance of the Department of Police for the 2011/12 financial year, dated 22 October 2012

The Budgetary Review and Recommendation Report of the Portfolio Committee on Police on the performance of the Department of Police for the 2011/12 financial year, dated 22 October 2012.

The Portfolio Committee on Police (the Committee), having considered the performance and submission to National Treasury for the medium term period of the Department of Police (the Department) and the Civilian Secretariat for Police, reports as follows:

1. Introduction

As part of its oversight function, the Committee considers the Annual Report of the Department of Police on an annual basis. The Money Bills Procedures and Related Matters Amendment Act sets out the process allowing Parliament to make recommendations to the Minister of Finance to amend the budget of a national department. As part of this process, Portfolio Committees are now required to compile Budgetary Review and Recommendation Reports (BRRR) in October of each year, containing recommendations relating to funding allocations for the departments. The BRRRs are also a source document for the Standing Committee on Finance, which makes recommendations to the National Assembly on the Medium-Term Budget Policy Statement (MTBPS). The annual review and analysis of performance (financial and non-financial performance indicators) form part of this process.

The Committee has scrutinised and interrogated all the documents as outlined in Section 5 of the Money Bills Amendment Procedures and Related Matters Act, 2009, with a view to assessing the performance of the Department of Police in the 2011/12 financial year, as well as performance in the first quarter of the 2012/13 financial year.

This is the third year that the Committee is undertaking the BRRR process. The Committee believes that its engagements with the Department of Police as well as the Civilian Secretariat for Police, has been robust throughout the 2011/12 financial year. In addition, the Committee has received submissions on the Annual Report of the SAPS for 2011/12 from outside experts, including the Institute for Security Studies (ISS), the South African Police Union (SAPU), the Police and Prisons Civil Rights Union (POPCRU), as well as the Office of the Auditor-General. Hearings were held with the Department of Police over a three-day period during which the Department presented on its performance for 2011/12, both in terms of service delivery targets, as well as in terms of its financial statements. In its assessment of the performance of the Department of Police, the Committee has also been guided by the primary information that it has gathered during oversight visits undertaken during 2011/12.

To assist the Committee in its visits to police stations, and when individual Members visit police stations, the Committee uses its Station Monitoring Tool, which provides for systematic gathering and analysis of information on service delivery and performance at the stations. The Committee, in its oversight function, has also held a number of meetings during this period in which it has interrogated the Department on key issues of interest to the Committee.

Lastly, the Committee has been guided in its analysis by its own annual strategic plan for the 2011/12 and 2012/13 years. These focus areas of the Committee largely emanate from the broader strategic priorities of Government during the respective time periods.

Structure of the Report: This Report comprises ten sections:

· Section 1: Introduction – sets out the mandate of the Committee, the purpose of this report (BRRR) and the process to develop this report.

· Section 2: Provides an overview of the Department’s Vote and spending for 2011/12 as well as for part of 2012/13 and set out the Department’s MTEF submission to National Treasury for 2013/14.

· Section 3: Summarises the 2011/12 report of the Auditor-General for the Department.

· Section 4: Provides a broad overview of the changing strategic and operational environment of the Department for 2011/12 and 2012/13.

· Section 5: Summarises performance information per programme for 2011/12.

· Section 6: Provides an overview of the Civilian Secretariat for Police strategic and operational environment, as well as an overview of the Secretariat’s Vote and spending for 2011/12 and the 1 st quarter of 2012/13, together with the Secretariat’s MTEF submissions to National Treasury for 2012/13

· Section 7: Highlights key observations of the Committee with respect to financial and performance information for 2011/12, as well as 2012/13 (Department of Police as well as the Civilian Secretariat for Police).

· Section 8: Summarises additional information requested from the Department and Secretariat in deliberations and other reporting requirements.

· Section 9: Summarises recommendations of the Committee with a focus on funding for 2012/13.

· Section 10: Conclusion.

2. Overview of Departmental Vote and Spending

2.1 Financial performance for 2011/12

Vote: The Department received a final appropriation of R58,550,537 billion in the 2011/12 financial year which was a 9.3 per cent increase on the R53,529,726 billion received in 2010/11.

Adjusted Appropriation: During the adjustment period, the main appropriation (R58,061,537 billion) was increased by an additional allocation of R489 thousand to current payments in order to pay for higher personnel remuneration increases, than was provided for in the main budget.

A total of R755,840 million was moved (mainly out of Goods and services) to Compensation of employees. The main reasons for these virements were to appoint cleaners as permanent staff; to cover shortfalls in Compensation of employees, to finance security for the local government election, and to fund structural changes which resulted in the movement of some personnel from Programme 5 to Programme 2.

Virement: The following reflects key virement that occurred after the adjustment period:

· R437 million was moved out of the Goods and services budget and R297,646 million was moved out of the Payment for capital assets (Buildings and other fixed structures).

· The majority of these funds were moved to Payment for capital assets- Machinery and equipment (R557,193 million).

· In terms of Programmes, R583 million was moved out of Programme 1: Administration and R32 million out of Programme 5: Protection and Security Services. The majority of funds were moved into Programme 3: Detective Services (R336 million); Programme 2: Visible Policing (R268,7 million) and Programme 4: Crime Intelligence (R10.million).

2011/12 Quarterly expenditure: The quarterly expenditure patterns of the Department are largely in-line with linear benchmarks set by National Treasury. However, particular attention should be given to expenditure on ‘Payments for capital assets’, as expenditure of 19.3% was recorded at the end of the 2 nd quarter, which is significantly low and only recorded a final spending on of 98.8 per cent in 2011/12, which is lower in comparison to the previous year spending of 119.3 per cent. Looking closer at the line items in this category, the following should be noted:

- ‘Buildings and other fixed structures’ , which shows a severe under-spending in only utilising 54.3 per cent of its allocated budget at the end of the 4 th quarter;

- ‘Machinery and equipment’, which utilised 131.6 per cent of its allocated budget. The Department indicated that the high spending on Machinery and equipment is due to vehicles being received late in the financial year.

- The Department overspent on ‘Biological assets’ (training and purchase of dogs) by 671.1 per cent. The amount budgeted for this item was R235 000 and the total amount spent was R1.6 million.

2011/12 Final expenditure: The table below illustrates the Appropriation Statement of the Department of Police for the 2011/12 financial year. It shows the total adjusted appropriation of R58,550 billion with R57,933 billion spent leaving a sizable surplus of R617 million unspent funds for 2011/12.

The Department of Police had an under-expenditure of 1.1 per cent at the end of the financial year for the first time in many years. The total expenditure for the year under review thus came to 98.9 per cent of the total budget. The Departmental programmes all either over-or-under-spent on their allocated budgets.

Programmes

Adjusted Estimates R’000

Actual Expenditure R’000

Virement

R’000

Variance

%

Remainder/

Unspent funds R’000

Administration

20 372 200

19 263 922

583 045

2,9%

525 233

Visible Policing

24 493 196

24 761 973

(268 777)

(1,1%)

0

Detective Services

9 923 529

10 167 669

(336 323)

(3,4%)

92 183

Crime Intelligence

2 194 823

2 204 989

(10 166)

(0,5%)

0

Protection and Security Services

1 566 789

1 534 568

32 221

2,1%

0

Total

58 550 537

57 933 121

-

-

617 416

Source: SAPS 2011/12 Annual Report, p. 128

This unspent amount of R617,416 million comprised the following:

- Criminal Justice System Review – R350,877 million

- Capital Works – R266,528 million

- Unspent from normal operational budget – R0,011 million (R11 thousand)

Spending on Compensation of employees (71,8% in 2010/11 and 73,2% in 2011/12) remained the most significant expense in the Department’s vote.

Key issues related to 2011/12 expenditure include:

- There was under-spending in the Technology Management Services due to the slow implementation of modernisation projects. Spending on Current Payments was 98.8 per cent of the budget, primarily due to the slow spending on the Criminal Justice Sector Revamp projects under Goods and services.

- Transfers and subsidies spending was 8.8 percentage points higher than the budget due to transfers to provinces and municipalities for non-anticipated vehicle licence renewals, transfers to departmental agencies and accounts and transfers to Households for post-retirement benefits.

- Payment for Capital Assets at 99.8 per cent was marginally lower than expected, which was largely influenced by expenditure on Buildings and other fixed structures (54.3 per cent) due to the non-performance of contractors and changes in the design and scope of projects by the Department of Public Works (DPW).

- The Department spent only 71.5 per cent (R669.9 million) of the earmarked amount for the construction and upgrading of police stations. The Department of Police asserts that the under-spending was, amongst others, due to delays in site clearance, changes in design and scope of projects and delays in the awarding of contracts for the construction of police stations.

- Only 83.5 per cent (R1.78 billion) of the earmarked amount for the Integrated Justice Sector (IJS) Programme was spent. This was a result of cumbersome procurement processes confronted by the Department.

Unauthorised, Fruitless and wasteful and Irregular expenditure : Irregular expenditure decreased from R76 million in 2010/11 to R1.183 million in 2011/12. The highest amounts of irregular expenditure were incurred in Accommodation and Meals, Security Services and Renovation (Buildings). Fruitless and wasteful expenditure also decreased from R771 thousand incurred in 2010/11 to R494 thousand incurred for 2011/12.

2.2 Financial performance for 2012/13

Budget allocation for 2012/13: The budget allocation for 2012/13 is R62.5 billion which, in real terms, represents a marginal increase of 0.77 per cent. Programmes Administration and Visible Policing continue to receive the biggest allocations of the total budget, with R16.3 billion and R28.7 billion respectively. This is 26 per cent and 46 percent of the total budget. Two programmes (Visible Policing and Protection and Security Service) show budgetary decreases in real terms of 0.67 per cent and 0.92 per cent respectively. The 2012/13 budget sets out additional allocations of R872.9 million in 2012/13, R990.8 million in 2013/14 and R1.1 billion in 2014/15 for improved conditions of service. Cabinet approved a R2.2 billion baseline cut over the medium term, mainly due to a reduced intake of new recruits.

Spending for the 1 st quarter of 2012/13: During the 1 st quarter of 2012/13, the Department spent 23.6% (R14 755 186 billion) of its allocated budget. The Administration programme recorded an expenditure of 20.7%, which is below the 25% expenditure benchmark set by Treasury. Specific focus should be placed on expenditure on Payments for capital assets, for which the Department managed an expenditure of only 11.6% at the end of June 2012. Breaking down this expenditure in terms of line items resorting under Payment for capital assets, it is worrying that expenditure on Buildings and fixed structures managed an expenditure of only 6.0%, while expenditure on Machinery and equipment was 15.6% of its allocated budget at the end of June 2012.

Spending pressures: Key spending pressures for 2012/13 have been reported as:

· Compensation of employees across the entire vote;

· Payments to capital assets;

· Increase in fuel and oil;

· Under-spending on Integrated Justice System (IJS) and Criminal Justice System (CJS) revamp projects;

· Capacitating detectives, especially delivery of vehicles to stock-theft units;

· Enhancements made in the establishment of the Directorate for Priority Crime Investigation (DPCI), funding was diverted from Programme 5 to this programme mainly for capital purchases (machinery and equipment e.g. vehicles.

2.3 Financial needs for 2013/14

Budget baseline: According to the indicative medium term baseline allocations, a total of R66,921 billion is allocated to the Department of Police for 2013/14 (7% increase on 2012/13), growing to R70,848 billion in 2014/15 (5,9% increase on 2013/14) and R74,107 billion in 2015/16 (4,6% increase on 2014/15). No additional information was provided in term of allocations to specific programmes of the Department.

Submission to National Treasury:

(1) The Department submitted to National Treasury that should the above mentioned amounts be appropriated as the ‘holding’ budget over the next three years, the following implications will be evident: Personnel numbers to remain at its current level of 197 930 (dependent upon the outcome of the 2012 Adjusted Estimate process); no additional funding will be available for introduction of any new programmes or projects; reprioritisation to be performed should intensity levels of services require adjustment (shift of emphasis on particular spending priorities); the discretionary budget in the Vote will be limited; capital assets and transfers and subsidies budgets to remain at current levels; and non-essential expenditures will have to be reduced and redirected towards core functional activities.

The Department further reported that reprioritisation was performed to sustain current funding levels in the Vote, especially the Compensation of employees budget. In terms of the Compensation of employees budget R400 million will be diverted from the Goods and services budget baselines to that of Compensation (annually over the medium term), creating spending pressures.

(2) In addition, the Department submitted that cuts to the MTEF baseline (1% in 2013/14; 2% in 2014/15 and 3% in 2015/16) would impact adversely on Compensation of employees resulting in a total staff reduction of 17 428 personnel which is reported as ‘obviously unrealistic and not viable’.

(3) The Department acknowledged that Treasury guidelines have stated that no additional funding will be allocated during this MTEF cycle. However, they have noted areas that require additional funding including:

- New salary dispensation for Police;

- Additional funding to sustain staffing levels of at least 197 930;

- Grade progression for Constable to Sergeant;

- Certain Pension fund liabilities to the Government Employees Pension Fund (GEPF);

- Increases in fuel and oil;

- Strengthening capacity to perform Operational Response Services (including Public Order Policing);

- Enhance Visible policing;

- Specialised training equipment for Protection and Security Services; and

- Mega capital infrastructure projects including a new forensic laboratory in Pretoria.

3 Audit findings for 2011/12

The Department of Police received an unqualified audit report with findings. Key findings included:

· Reliability of information: The AG made two material findings. (1) Reporting indicators reported on via the Case Administration System (CAS) in the Visible Policing Programme had an inadequate audit trail to verify the completeness thereof. (2) Reporting indicators in the Visible Policing Programme were not complete.

· Compliance with laws and regulations: The Department did not maintain an effective, efficient and transparent system and internal controls in certain instances regarding performance management, which described and represented how the Department’s process of performance planning, monitoring, measurement, review and reporting would be conducted, organised and managed.

· Internal control: Commanders at station level responsible for Visible Policing did not exercise oversight responsibility over reporting on predetermined objectives to ensure that entries occurred, were authorised and were captured (i.e. that reported information was complete). Commanders at provincial level did not exercise oversight ensuring adherence to internal controls, policies and procedures with regards to predetermined objectives and for the purpose of taking corrective actions.

· Investigations: The Public Protector conducted two investigations regarding a building in Pretoria and a building in Durban in 2011. At 31 March 2012, the Department included the building in Pretoria as a contingent liability. The Department of Public Works confirmed that there was no lease contract for the Durban building.

· Supply Chain Management : It was indicated that there is a disjoint when entering into contracts with the SAPS not protecting their own interests. Suppliers are usually benefitting more out of a contract entered into with the SAPS. SCM use a standard contract but with mandatory requirements in a contract it does go through a process via the Bid Adjudication Committee (BAC). Additionally, a seeming lack in support rendered to SCM from the Legal Services unit was indicated. It is suggested that the SAPS should significantly strengthen the legal unit’s involvement when contracts are entered into.

· Information Technology : The AG recommended that the Department should approve and implement an IT governance framework, that the effectiveness of IT systems should be monitored and that the integration of IT systems to be actively pursued.

The Department reported that steps will be taken to address the findings made by the Auditor-General.

4 Overview of the Strategic and Operational environment of the Department of Police

Outcomes based Approach and the 2010 – 2014 Strategic Plan: The Government has set itself twelve performance outcomes to measure the impact of service delivery and ensure that there is value for money. The third outcome broadly relates to the Justice, Crime Prevention and Security (JCPS) cluster, in particular the Department of Police. That outcome relates to ‘safety’, and it seeks to ‘ensure that all people in South Africa are, and feel, safe’. Although safety is largely about perceptions, there are tangible and quantifiable indicators that would reflect its attainment. This can be achieved by addressing the overall levels of crime, which would require especially a reduction in the levels of contact and trio-crimes. The following outputs have been outlined as milestones to be achieved in order to signify progress towards the attainment of safety:

· Output 1: address overall levels of crime and reduce levels of contact and trio crimes (which includes house robbery, business robbery and hijackings)

· Output 2: improve the effectiveness and ensure the integration of the criminal justice system.

· Output 3: combat corruption in the criminal justice system cluster.

· Output 4: manage the perceptions of crime among the population and investors.

· Output 5 and 6: safeguard and secure the borders of South Africa and secure the identity and status of citizens

· Output 7: integrate ICT systems and combat cyber crime

In line with the pursuit of the third outcome (safety), the Department’s 2010 - 2014 strategic plan specifies four operational priorities for the medium term, which include:

- crime prevention,

- investigation of crime,

- support to the investigation of crime, as well as

- crime intelligence.

Changes to the 2010 Annual Performance Plan: Key changes made to the 2011/12 Plan in comparison with the 2010/11 Annual Performance Plan, in term of new targets included, was:

Programme 1: Administration - New targets:

  • Included target for 100% of planned for firearms procured and distributed.
  • Included target for 100% of firearms dot peened.
  • Include target for 90% of capacity projects completed in terms of the capital investment, asset management and, maintenance plan. Details number of stations to receive electricity generators, water and sanitation).
  • Included target for 600 service delivery inspections to be conducted at cluster and station levels.

Programme 2: Visible Policing - New targets:

  • Included target for reduction in the number of reported serious crimes by 2% (2 079 449 in 2011/12).
  • Included target for reduction in the number of reported serious crimes in a rural environment by 2%.
  • Included target for increase in the number of recoveries as a result of police action for stolen and lost firearms by 3% (7 597 for 2011/12) and stolen and robbed vehicles by 3% (39 168 for 2011).
  • Included target for reduction of illicit drugs by 3% (with clear targets for grams of each drug for 2011/12).
  • Included target for reduction of liquor by 10% with target number of litres of liquor.
  • Included target for increase of recovery of state owned firearms by 3% (1 298 firearms in 2011/12).
  • Included target of reduction of incidence of stolen and lost firearms by 3% (11 622 in 2011/12) and stolen and robbed vehicles by 7% (76 874 in 2011/12).
  • Included target for increase the closing of identified unlicensed/illegal liquor premised by 3% (13 859 in 2011/12).
  • Included target for the number of awareness campaigns conducted (4 imbizos for 2011/12).
  • Included targets for the number of outstanding applications for firearms licences etc finalised to target of 100% by 31 July 2011.
  • Included those new applications for firearm licenses etc should be finalised in 90 working days.
  • Border Security targets changed from conduct a minimum of 350 policing actions in 2010/11 to increase planned crime prevention and combating actions at SA borders by 3% (3 926 for 2011/12) and number of borderlines taken over by the SANDF (SANDF to take over Free State and Eastern Cape borderlines in 2011/12).

Programme 3: Detective Services - New targets:

  • Included a new indicator for the detection rate for contact crime with a target of 60%-65%.
  • Included a new indictor for the percentage increase of 3% on the baseline for 2010 for contact crime in terms of court ready case dockets.
  • Included a new indicator for the detection rate for trio crimes targeted at 18.25% for 2011 from 12.87% in 2010.
  • Included a new indictor for 3% increase on baseline of percentage of court ready dockets for fraud and corruption by individuals in the JCPS cluster.
  • Included a new indictor for percentage of serious commercial crime court ready cases where officials are involved in procurement fraud and corruption related cases. The targets for 2011 include 50 investigations; 25 court ready cases and R125 million in assets.

Programme 4: Crime Intelligence – New targets:

No new targets were reported.

Programme 5: Protection and Security Services - New targets:

  • A new performance indictor for the Government Security Regulator has been included for 50% of strategic installations audited, 98% of National Key Points evaluated and 95% of advisory reports compiled.

Key operational achievements : The key operational achievements for 2011/12 were reported as follows:

· Confiscation of firearms and ammunition: The South African Police service confiscated a total of 25,615 firearms and 264,720 rounds of ammunition.

· Illicit drugs and alcohol: The SAPS confiscated 137, 935, 509kg cannabis and 630,589 cannabis plants, 127,680 mandrax tablets; 44,571kg cocaine, 107,418kg of crystal meth (Tik-tik), 15,294kg whoonga, 21,816 kg nyaope and more than a million litres of liquor. A total of 16 clandestine drug laboratories was detected and closed.

· Partnerships: Increase in partnerships with the community as well as role-players in the fight against crime.

· Detective services: Achieved 78.9% of predetermined performance targets.

· Rural safety: Gains were made in improving rural safety through the implementation of the Rural Safety Strategy.

· Police facilities and contact points: A total of 16 police facilities were completed in 2011/12.

· Service delivery inspections: A total of 1,368 service delivery inspections were conducted.

5 Performance Information for each Programme in 2011/12

5.1 Programme 1: Administration

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

The table below indicates the budget allocated for Programme 1 in 2011/12:

Adjusted Estimates (R’000)

Virement (R’000)

Final Appropriation (R’000)

Actual Expenditure (R’000)

Variance (%)

20 372 200

(583 045)

19 789 155

19 263 922

(2,9%)

Source: SAPS 2011/12 Annual Report, p. 6

Programme 1: Administration received a final appropriation of R19,789 billion in 2011/12, of which the Department realised an actual expenditure of R19, 263 billion. This left R525,233 unspent (2.9% variance). The Division: Supply Chain Management realised under-spending in respect of clothing and capital works, and Technology Management Services in respect of TETRA (Eastern Cape). Additionally, the network and hosting upgrade programme together with the development of the Firearm System also under-spent.

The following table highlights performance on selective targets for 2011/12:

Performance Indicator

Baseline 2009/10

Actual 2010/11

Target 2011/12

Actual 2011/12

Percentage of learners declared competent upon completion of their training ito the Training Provisioning Plan (TPP)

88,1% (231 205 members trained and 203 791 declared competent upon completion of training)

90,2% (178 870 members trained and 161 350 members declared competent)

Maintain 88% (152 137 members will be trained of which 11 189 will be developed as detectives)

TARGET ACHIEVED

200 657 attended training and 180 900 (90,2%) members were declared competent. 11 583 attended detective training courses.

Compensation expenditure vs. operational expenditure

71/29%

73/27%

Maintain the expenditure ratio of not more than 71/29% for compensation/operational expenditure

TARGET NOT ACHIEVED

73,2/26,8%

70% of police facility projects completed

TARGET ACHIEVED

72,7% police facility projects completed (16 from a total of 22)

90% capacity projects completed

TARGET NOT ACHIEVED

30,6% capacity projects were completed in 2011/12 (52 of 170)

Percentage planned development, sustainability and implementation of systems

-

An average of 75,7% of IS/ICT projects completed

70% of IS/ICT annual funded projects completed.

TARGET NOT ACHIEVED

An average of 54,5% IS/ICT annual funded projects completed in 2011/12.

Number of service delivery inspections conducted at cluster and station level

580 service delivery inspection conducted

New indicator in 2011/12.

Conduct 600 service delivery inspections.

TARGET ACHIEVED

1 368 service delivery inspections were completed

Source: 2011/12 SAPS Annual Report

Programme 1: Administration identified a total of 10 predetermined targets for 2011/12. Of the 10 targets, 6 were achieved, which represents a success rate of 60 per cent of its predetermined targets. Thus, 4 out of the total of 10 predetermined targets were not achieved. Reported challenges for 2011/12 included:

· Cost of living increases and funds diverted from operational expenditure to compensate for employees for expenses regarding the local government elections, events and permanent appointment of cleaners;

· Inadequate capacity to monitor capacity projects coupled with non-responsive bidders, poor performance of service providers and reliance on the DPW for project execution;

· A number of challenges were reported pertaining to under-achievement in targets set for IS/ICT projects, mostly tenders and contracts not awarded or signed in time and shortage of SITA programmers (sexual offences register)

5.2 Programme 2: Visible Policing

The purpose of the Visible Policing Programme is to enable police stations to institute and preserve safety and security, and provide for specialised interventions and the policing of South Africa’s borders.

The table below indicates the budget allocated for Programme 2 in 2011/12:

Adjusted Estimates (R’000)

Virement (R’000)

Final Appropriation (R’000)

Actual Expenditure (R’000)

Variance (%)

24 493 196

268 777

24 761 973

24 767 973

1,0%

Source: SAPS 2011/12 Annual Report, p. 6

Programme 2: Visible Policing received a final appropriation of R24,761 billion in 2011/12, of which the Department realised an actual expenditure of R24,767 billion. This represents an over-spending of 1.1% on its allocated budget due to spending pressures experienced in the compensation of employees budget in this programme (sub-programme Crime Prevention). This budget shortfall was funded from the provision for medical support under Programme 1. The aforementioned requires an adjustment to the baseline in compensation of employees in this programme. Due to the increase in fuel and oil, goods and services, the Sub-programme: Specialised Interventions, overspent on the allocated funding.

The following table highlights performance on selective targets for 2011/12:

Performance Indicator

Baseline 2009/10

Actual 2010/11

Target 2011/12

Actual 2011/12

Sub-programme: Crime Prevention

Reduce the number of reported serious crimes by 2%

2 121 887

2 071 487

2 079 449

TARGET NOT ACHIEVED

0.8% decrease

Reduce the number of contact crimes by 4-7%

676 445

638 468

Between 649 387 and 629 093

TARGET NOT ACHIEVED

2.3% decrease

Reduce the number of trio crimes by 4-7%

47 222

42 183

Between 45 333 and 43 916

TARGET NOT ACHIEVED

Overall trio-crimes increased from 42 183 to 42 192 in 2011/12 compared to 2010/11.

Reduce the number of reported serious crimes within the rural environment by 2%

-

New indicator in 2011/12

Reduce by 2%

TARGET ACHIEVED

Decreased by 25%

Increase the number of recoveries as a result of policing by focusing on:

Stolen and lost firearms by 3%

7 376

7 888

7 597

TARGET ACHIEVED

8 744 stolen and lost firearms with serial numbers recovered

Liquor by 10%

1 524 584lt

1 219 215,643lt

1 677 042lt

TARGET NOT ACHIEVED

1 096 694,944lt

Increase the recovery of state owned firearms by 3%

1 261

New indicator in 2011/12

1 298

TARGET NOT ACHIEVED

358

Reduce the incidence of:

Stolen/lost firearms by 3%

11 982

9 427

11 622

TARGET ACHIEVED

9 105

Closing of illegal unlicensed /illegal liquor premises by 100%

13 456

18 883

100%

TARGET ACHIEVED

92 929

Reduce the number of escape incidents from police custody by 50%

602

478

301

TARGET NOT ACHIEVED

810 escapes

Finalise outstanding applications for firearm licenses, permits, authorisation and renewals.

-

New indicator in 2011/12

100% of backlog finalised by 31 July 2011

TARGET ACHIEVED

New applications for firearm licences.

-

New indicator in 2011/12

Applications finalised within 90 working days

TARGET NOT ACHIEVED

Source: 2011/12 SAPS Annual Report

Programme 2: Visible Policing identified a total of 20 predetermined targets for 2011/12. Of the 20 targets, 12 were achieved representing a success rate of 60 per cent on its predetermined targets. Thus, 8 out of the total of 20 predetermined targets were not achieved, which represents 40 per cent of targets not achieved. Reported challenges for 2011/12 included:

· In terms of the increase in the number of escapes from police custody it was reported that policies and procedures are not being adhered to and that the infrastructure at various holding facilities are inadequate to hold detainees.

· The recovery of state owned fire-arms is made difficult as the identity marks on these firearms are filed off.

5.3 Programme 3: Detective Services

The purpose of the Detective Services Programme is to enable the investigative work of the South African Police Service, including providing support to investigators in terms of forensic evidence and the Criminal Record Centre.

The table below indicates the budget allocated for Programme 3 in 2011/12:

Adjusted Estimates (R’000)

Virement (R’000)

Final Appropriation (R’000)

Actual Expenditure (R’000)

Variance (%)

9 923 529

336 323

10 259 852

10 167 669

3,4%

Source: SAPS 2011/12 Annual Report, p. 128

Programme 3: Detective Services received a final appropriation of R10,259 billion in 2011/12, of which the Department realised an actual expenditure of R10,167 billion, which represents variance of 3.4% on its allocated budget. The Sub-programme: Crime Investigations realised an under-spending, mainly under compensation of employees, due to overall spending pressures experienced in the compensation of employee’s budget. Machinery and equipment overspent due to significant investment in transport assets for the detectives during the year under review.

The following table highlights performance on selective targets for 2011/12:

Performance Indicator

Baseline 2009/10

Actual 2010/11

Target 2011/12

Actual 2011/12

Sub-programme: Crime Investigation

Detection rate for contact crimes, contact-related crimes, property-related crimes, crimes dependent on police action for detection and other serious crimes.

46,16%

(1 108 674)

51,84%

(1 092 861)

Detection rate of between 46-65%

TARGET ACHIEVED

53.41% (1 134 355)

Percentage of court ready case dockets for contact crimes, contact-related crimes, and property-related crimes, crimes dependent on police action for detection and other serious crimes.

-

30,84% (155 933)

3% increase on the baseline determined for 2010/11

TARGET ACHIEVED

41,17% (249 879)

Detection rate for contact crimes

59,62%

56,99% (445 123)

Detection rate of between 60-65%

TARGET ACHIEVED

60.66%

(449 575)

Percentage of court ready case dockets for contact crimes

-

32,24%

(70 543)

3% increase on the baseline set for 2010/11

TARGET ACHIEVED

50,23% (109 702)

Detection rate for trio crimes

14,31%

(10 841)

16,02%

(10 900)

18,25%

(15 108)

TARGET ACHIEVED

20,98% (12 602)

Percentage of court ready case dockets for trio crimes

-

37,74%

(4 815)

3% increase on the baseline determined for 2010/11

TARGET ACHIEVED

56,69% (8 395)

Detection rate for crimes against women (18 years and above).

71,92%

(162 833)

71,20%

(159 440)

Detection rate of between 71-75%

TARGET ACHIEVED

75,76% (158 870)

Percentage of court ready case dockets for crimes against women (18 years and above).

-

34,85%

(26 922)

3% increase on the baseline determined for 2010/11

TARGET ACHIEVED

53,59%

(36 545)

Detection rate for crimes against children (under 18 years).

66,27%

(45 006)

77,42%

(52 672)

Detection rate of between 66-70%

TARGET ACHIEVED

69,71%

(45 186)

Percentage of court ready case dockets for crimes against children (under 18 years).

-

21,66%

(12 549)

3% increase on the baseline determined for 2010/11

TARGET ACHIEVED

51,27%

(18 418)

Sub-programme: Specialised Interventions

Percentage of court ready case dockets for fraud and corruption by individuals within the JCPS Cluster

-

New indicator in 2011/12

3% increase on the baseline determined for 2010/11

TARGET ACHIEVED

35,4%

Percentage of court ready case dockets for serious commercial crime-related charges

-

25,6%

Court ready case dockets of between 30-40%

TARGET ACHIEVED

50%

Number of serious commercial crime-related cases investigate where officials are involved in procurement fraud and corruption related cases

-

New indicator in 2011/12

50 investigation initiated

TARGET ACHIEVED

57 cases investigated

Sub-programme: Forensic Science Laboratory

Percentage of case exhibits (entries) processed within 28 working days

86% (189 569 from a total of 220 429)

94% (297 955 from a total of 318 665)

92% of case exhibits processed within 28 days

TARGET NOT ACHIEVED

77,39% (248 202 from a total of 320 729)

Source: 2011/12 SAPS Annual Report

Programme 3: Detective Services performed second best of the programmes of the Department of Police. A total of 19 targets were predetermined for 2011/12. Of the 19 targets, 15 were achieved representing a success rate of 78.9 per cent on its predetermined targets. Thus, 4 out of the total of 19 predetermined targets were not achieved, which represents 21 per cent of targets not achieved. Reported challenges for 2011/12 included:

· State prosecutors decide which cases to place on the court roll.

· The workload of the FSL increased by 67% from 66 375 in 2010/11 to 111 068 in 2011/12.

· Vehicle shortages in Stock-theft investigation units.

5.4 Programme 4: Crime Intelligence

The purpose of the Crime Intelligence Programme is to manage crime intelligence and analyse crime information, and provide, technical support for investigations and crime prevention operations.

The table below indicates the budget allocated for Programme 4 in 2011/12:

Adjusted Estimates (R’000)

Virement (R’000)

Final Appropriation (R’000)

Actual Expenditure (R’000)

Variance (%)

2 194 823

(10 166)

2 204 989

2 204 989

0,5%

Source: SAPS 2011/12 Annual Report, p. 6

Programme 4: Intelligence received a final appropriation of R2,204 billion in 2011/12, of which the Department realised an actual expenditure of R2,204 billion.

The following table highlights performance on selective targets for 2011/12:

Performance Indicator

Baseline 2009/10

Actual 2010/11

Target 2011/12

Actual 2011/12

Sub-programme: Crime Intelligence Operations

Number of network operations resulting from intelligence files

24 368

24 384

26 805

TARGET ACHIEVED

A total of 49 019 network operations were conducted in 2011/12

Sub-programme: Intelligence and Information Management

Number of crime intelligence products relating to:

Operational analysis reports

Strategic analysis reports

234 231

317 976

253 782

TARGET ACHIEVED

Operational analysis reports: 353 628

Profiles: 110 033

Intelligence analysis reports: 137 228

Communication analysis reports: 15 388

Communication interception analysis reports: 8 299

Station and cluster crime threat analysis: 82 680

Strategic analysis reports: 281 904

Statistical reports: 281 886

Research reports: 18

Source: 2011/12 SAPS Annual Report

Programme 4: Crime Intelligence performed best of the programmes of the Department of Police. However, the programme only identified 2 targets for 2011/12, which were both achieved.

5.5 Programme 5: Protection and Security Services

The purpose of the Protection and Security Services Programme is to provide protection and security services to al identified dignitaries and government interests.

The table below indicates the budget allocated for Programme 5 in 2011/12

Adjusted Estimates (R’000)

Variance (R’000)

Final Appropriation (R’000)

Actual Expenditure (R’000)

Variance (%)

1 566 789

(32 221)

1 534 568

1 534 568

(1,9%)

Source: SAPS 2011/12 Annual Report, p. 128

Programme 5: Protection and Security Services received a final appropriation of R1,534 billion in 2011/12, of which the Department realised an actual expenditure of R1,534 billion at the end of 2011/12.

The following table highlights performance on selective targets for 2011/12:

Performance Indicator

Baseline 2009/10

Actual 2010/11

Target 2011/12

Actual 2011/12

Sub-programme: VIP Protection Services

Percentage of security provided in relation to security breaches

100% protection provided without breaches.

99,99% protection provided with one security breach

100% protection provided without breaches.

TARGET NOT ACHIEVED

99,99%

Sub-programme: Static and Mobile Security

Percentage of security provided in relation to security breaches

98,98% protection provided with 13 security breaches

99,9% protection provided with 8 security breaches

100% protection provided without breaches.

TARGET NOT ACHIEVED

99,99%

Sub-programme: Government Security Regulator

Percentage of identified strategic installations audited

75% (157 from 207)

51,7% (107 of 207)

50% (113 of 227)

TARGET ACHIEVED

61% (138 of 227)

Percentage of National Key Points evaluated

83,3% (130 from 156)

99,4%

98% (171 of 175)

TARGET ACHIEVED

98% (171 of 175)

Percentage of advisory reports compiled in relation to requests received.

88% (321 from 365)

New indicator in 2011/12

95%

TARGET ACHIEVED

99% (146 of 147)

Source: 2011/12 SAPS Annual Report

Programme 5: Protection Services predetermined a total of 5 targets for 2011/12. Of the 5 targets, 3 were achieved representing a success rate of 60 per cent on its predetermined targets. Thus, 2 out of the total of 5 predetermined targets were not achieved, which represents 40 per cent of targets not achieved. One challenge was reported for 2011/12, which was:

· Non-compliance to standard operational procedures which led to one breach in security (VIP Protection and Static Protectors).

6 Civilian Secretariat for Police

The Secretariat derives its mandate from the Constitution and the Civilian Secretariat for Police Service Act No 2 of 2011. Section 208 of the Constitution states that a Civilian Secretariat for the Police should be established by national legislation to function under the direction of the Minister of Police and under the Civilian Secretariat for Police Service Act, the Secretariat will become a designated department with the Secretary for Police as the Accounting Officer. The Secretariat was still functioning as a cost centre under the Administration Programme (Programme 1) of the SAPS in 2011/12.

Strategic Objectives for 2011/12

The Secretariat identified the following strategic objectives for 2011/12:

· To provide quality, timeous evidenced-based strategic research and policy advice to the Minister.

· To play an activist and interventionist role with regard to civilian oversight of the Police.

· To develop and contribute to a global view on police practices and methodologies.

· To develop and build strategic partnerships in the fight against crime.

· To strengthen the national dialogue and relationships on safety and crime prevention.

· To initiate policy driven legislation on policing and security matters.

· To perform any other functions as may be determined by the Minister.

Financial performance in 2011/12: According to Annexure B of the 2011/12 Annual Report, the Secretariat spent 76% (R31.9 million) of its actual budget of R41.7 million in 2011/12 and there was an under spending of R9.8 million . The amount of R14.2 million was allocated to Programme budget and R27.5 million to Personnel budget. The largest expenditure was in the Office of the Secretary with the expenditure of R1.7 million during the last quarter of 2011/12, followed by Corporate Services with an expenditure of R1.3 million. The lowest expenditure was recorded in Programme 4: Partnerships, that is R127 000.

Unauthorised, Fruitless and Wasteful and Irregular expenditure: The Secretariat did not record any spending in these categories of expenditure.

Budget allocation for 2012/13 : The budget allocation for 2012/13 increased from an adjusted budget of R41,771 million in 2011/12 to R63,267 million i.e. an increase of 52.2%.

Spending in the 1 st quarter of 2012/13: The Secretariat recorded a significant under-expenditure on its total allocated budget in the 1 st quarter on 2012/13, spending only 15% of its allocated budget at the end of June 2012. This is significantly below the 25% benchmark set by Treasury. The late finalisation of the newly established organogram of the Secretariat attributed to the Secretariat spending only 12% of its personnel budget in the 1 st quarter.

Financial needs for 2013/14: According to the indicative medium term baseline allocations, a total of R77, 719 million is allocated to the Civilian Secretariat for Police for 2013/14 (growing to R78,262 million in 2014/15 and R83,701 million in 2015/16). Of this total amount, R64,415 million is allocated to the Administration programme (R1,932 million to the Office of the Secretary; R1,518 to Legislation; R6,740 to Corporate Services; R54,225 to Personnel). In terms of the remainder of the programmes, Policy and Research is allocated a total R1,271 million; Monitoring and Evaluation is allocated R8,798 million; and Partnerships are allocated R3,235 million.

Performance per programme: The Secretariat achieved a majority of predetermined targets as set for 2011/12 (191 out of a total of 226 - 84%) and thus faired reasonably well. However, it should be clearly stated that many targets were vastly over-achieved and various strategic targets were not achieved, which inflates the success rate of targets achieved. The most noticeable targets achieved, not achieved or over-achieved per programme, includes:

· Programme 1: Administration : None of the four Heads of Secretariat meetings were convened because all Provincial Secretariats are not yet established.

· Programme 2: Policy and Legislation: Only two of the four targeted reports on policy arising from Monitoring and Evaluation recommendations were achieved. In terms of targets set for drafting of legislation: Only one of the four bills was finalised and submitted to Parliament.

· Programme 3: Monitoring and Evaluation: Sub-programmes Service Delivery and Performance Audit achieved 174 out of 120 (145%); Policy Compliance achieved 8 out of the 14 planned (57%); Provincial Coordination achieved 52 out of 33 targets set (158%); and Monitoring and Evaluation achieved 234 out of 167 targets set (140%). Programme 3 contains most of the over-achieved targets.

· Programme 4: Partnerships: In terms of the training programme developed and implemented for officials implementing Community Safety Forums (SCF) at national and provincial level, ten were targeted and only four were achieved. Additionally, the revised Community Policing Forum (CPF) guideline to be implemented at National and Provincial, a target of 10 were determined and none was achieved.

7 Observations of the Committee

7.1 Committee observations: Civilian Secretariat for Police

The Committee thanked the Secretariat for participating in the Annual Report oversight process, even though they are not yet a designated department. It was further noted that this is a good exercise for the Secretariat for when they become a designated department.

Staff establishment: The remaining vacancies in the Secretariat need to be filled as a matter of urgency as it is a new establishments and posts may be taken away through National Treasury Regulation (PMFA) if not filled. The Secretariat stated that they are engaged with two employment agencies to fill the vacancies. The agencies will conduct selection and pre-screening process. The Secretariat further stated their commitment to fill the remaining vacancies.

Designated department: The Committee questioned whether the Secretariat will be ready to become a designated department in the next financial year. The Secretariat stated that they would be ready in 2015/16. Members of the Committee expressed their dissatisfaction with the fact that the Secretariat will not be ready to function as a designated department in 2014/15 as the Secretariat previously assured the Committee.

Financial management: The Committee questioned the adequacy of the financial management system of the Secretariat. The Secretariat indicated that they are currently using the same system as the SAPS as recommended by the Auditor-General and that they are able to produce monthly financial reports.

Programme 1: Administration

· Subsistence and Travel Policy: Members of the Committee questioned the revised Subsistence and Travel (S&T) policy of the Secretariat and how it differs to the policy used by the SAPS as it is based on this policy. The Secretariat indicated that the policy was amended to ensure a greater degree of equality between all staff on different salary levels when travelling.

· Establishment of provincial secretariats: The Committee expressed concern about the slow establishment of Provincial Secretariats and the subsequent under-achievement of the target to convene Heads of Secretariat meetings, as four were planned and none were achieved. The Secretariat indicated that seven out of the nine possible Provincial Secretariats have been established and that the Western Cape and Free State secretariats are not established. It was further stated that progress on the establishment of these remaining offices are now a standing agenda item on MINMEC meetings.

Programme 2: Partnerships

· Resourcing of Community Police Forums (CPFs): The Committee expressed concern regarding the lack of consensus on resourcing of CPFs and the corrective measures taken by the Secretariat and whether CPFs are still regarded as a crucial partner in the fight against crime.

· Community Safety Forum (CSF) targets: The Committee noted with concern that the planned targets set for CSFs were not achieved in 2011/12. The Secretariat indicated that the CSF Policy has been implemented and that the Secretariat will brief the Committee on progress at a date to be determined.

· Intergovernmental plan on stock theft and small business robberies: Members of the Committee questioned the functionality of the intergovernmental plan on stock theft and robberies at small businesses. The Secretariat stated that working groups in cross-border crimes have been reorganised and progress has been made in the implementation of the plan. The Secretariat further stated that the draft strategy on assisting small businesses against robberies has been finalised and a pilot project completed between the Secretariat and Business Against Crime South Africa (BACSA). The Committee stated that the Committee should be recognised as a partner when policy is developed and that the Secretariat should recognise this.

Programme 3: Policy and Legislation

· Legislation: The poor performance in the achievements in legislation was noted with concern by the Committee. The Secretariat stated that they will reprioritise targets set for legislation as they are struggling with capacity constraints. The Secretariat committed itself to complete all outstanding legislation by the end of the current calendar year.

Programme 4: Monitoring and Evaluation

· Monitoring and Evaluation Database: Concern was expressed at the under-achievement recorded in the development of the Monitoring and Evaluation Database. The Secretariat noted developmental problems experienced with SITA and stated that the development of the M&E Database was put on open tender and will be fully implemented at the end of the 2012/13 financial year.

· Integrated Justice System (IJS) and Criminal Justice System (CJS) revamp projects: The Committee stated that the Secretariat should pay closer attention to the implementation of IJS and CJS revamp projects by SAPS in fulfilling their role as a partner of the JCPS Cluster.

· Independent Police Investigative Directorate (IPID) Recommendation: The Committee expressed concern at the apparent lack of adherence to recommendations made by IPID to the SAPS. The Secretariat stated that it has now implemented channels to facilitate the recognition of recommendations as well as monitoring of progress made on the implementation of recommendations made by IPID.

· Compliance to the Domestic Violence Act (DVA): The Secretariat will have the first report on DVA compliance available at the end of October 2012. It was further stated that a reporting template was developed and the report will be published jointly with the SAPS. It will consist of two parts, one on the implementation of the Act produced by the SAPS and the second on findings and recommendations made by the Secretariat.

7.2 Committee observations: Department of Police (SAPS)

7.2.1 Consideration of financial issues

The following are key observations of the Committee with regard to the financial performance of the Department for 2011/12:

Under-expenditure: The Department recorded an under-spending on their allocated budget of 1.1 per cent for the 2011/12 financial year and thus only utilised 98.8 per cent of its total budget. This left a surplus of R617, 416 million. Of this amount, R525,233 million remained unspent on the Administration Programme and R92,183 million on the Detective Services Programme. The Committee expressed concern that this under expenditure essentially comprised an under-spending on capital infrastructure (R266 528 million) and on the Criminal Justice System (CJS) revamp (R350 870 million). The Department stated that the delivery system that was in place did not deliver and that the non-performance of Contractors is mainly to blame.

The Department stated that they had met with the Department of Public Works in order to discuss the under-performance in the capital works and capacity projects environment to embark on a strategy to increase service delivery. The Department stated that they requested increased responsibility from the Department of Public Works in terms of capital works projects, especially in terms of day-to-day maintenance of police facilities. The Committee expressed extreme concern at this statement as the Department has previously stated that they wanted to give back all responsibility in this environment to the Department of Public Works and that the Committee will not support this decision before such time as a clear turn-around strategy is communicated to the Committee explaining the rationale behind this change.

Irregular expenditure: The Department was commended on the significant decrease of 98.4 per cent recorded for irregular expenditure in 2011/12 compared to the previous financial year. However, concern was expressed at the possible irregular expenditure identified by the Auditor-General of South Africa (AGSA) in terms of three contracts, namely: TETRA, Waymark and Black Capital. The Department stated that these contracts will be investigated and findings reported to the Committee on completion thereof.

The Committee additionally stated that the conclusion and findings of the investigation by the Special Investigations Unit (SIU) on irregular expenditure incurred on procurement irregularities pertaining to Police Day celebration in the previous two years will be closely monitored. It is believed that the investigation will be concluded in November 2012 after which a report will be made available.

Fruitless and wasteful expenditure: The Committee stated their dissatisfaction that only a handful of personnel responsible for irregular expenditure were charged in disciplinary proceedings, especially in terms of expenditure on Licence fees. The Department stated that many other steps, like counselling are first exhausted before steps are taken against members and that an increased focus is placed on the recovery of funds.

Contingent liability: The Committee expressed concern about the fact that the lease agreement for the Sanlam Middestad building (Pretoria) remains on the financial statements of the Department as a contingent liability of R611,692 million. The Department stated that the Department of Public Works applied for a declaratory order in this lease for the court to make a ruling on the legality or otherwise of the lease agreement and that papers have been filed. The Department further stated that the formula in determining the contingent liability of the Department needs to be restructured and be brought in-line with other Government Departments.

Virements: Virements made during 2011/12 fell within the 8% allowed for this purpose by National Treasury. However, due to the large budget of the SAPS, when money is shifted between programmes, the actual sums involved can be very high, in fact sometimes as high as the total budget of smaller departments. The Committee has raised this issue in the previous BRRR, and reiterated this concern.

Over-spending in Detective Services programme: The Committee expressed concern at the apparent lack of planning in terms of the over-spending on procurement of vehicles for detectives, as priority was placed on this programme and as such budgetary provisions should have been made.

Donor funds: The Committee expressed concern that none of the available funds in the CARA account were used in 2011/12.

Legal costs: The Committee expressed concern around the significant increase in legal costs and indicated that this can be linked to poor discipline on the part of members of the SAPS. The Department indicated that it is a concern and that correspondence to the State Attorney has increased. It was further stated that line managers will henceforth be held responsible for increases in legal costs. The National Commissioner has requested increased transparency in costs for individual cases from the Attorney General. It was further stated that the Division: Legal Services will form part of the restructuring of the Department which will largely address the situation to drive down the expenditure on legal costs.

7.3 Consideration of performance per programme

7.3.1 Programme 1: Administration

The Committee welcomed the detail contained in the 2011/12 Annual Report on various projects, most notably: capital works projects, capacity projects and information technology projects. Key successes noted in this programme, for which the Department is commended include:

· The acknowledgement made by the Department regarding challenges in the ICT environment and a subsequent turn-around strategy;

· Priority provisions made for Detectives in terms of capacity building and training;

· Decrease in the number of Section 35 terminations and Regulation 45 appointments; and

· Achievement of a number of key targets, including the improvement in the ratio of vehicles to personnel.

However, a number of concerns were raised:

Capital works and capacity projects: The Committee raised serious concern regarding the continuous slow delivery of capital work projects. Additionally, even though the target was met in 2011/12 it remained too low (i.e. 70%).

The Committee questioned the rationale used by the Department when choosing contracts entered into by the Department, especially concerning Contractors and leases. The Department stated that it does not have the devolution of function to sign lease agreements and as such the Department of Public Works sign all lease contracts of the Department of Police. The state of disrepair of living quarters/barracks of police members was raised again and the Committee requested concrete commitment from the Department to improve this situation. The Committee further noted with concern slow delivery in the completion of capacity projects. The Department stated that an agreement is currently being developed with the Department of Public Works to determine a schedule of responsibilities which the Department of Police can take over, specifically regarding day-to-day maintenance of police facilities. The Committee requested a briefing on this issue.

Information technology: The Committee expressed appreciation for the acknowledgements made by the Department in that the Technology Management Services (TMS) environment face many challenges and that some systems are displaying significant failures due to system weaknesses leading to slow delivery on a variety of IS/ICT projects. Additionally, the Committee welcomes the commitment by the Department to re-evaluate the percentage targets assigned to performance indicators in the TMS environment as it does not measure deliverables adequately.

Firearm competency: The Committee raised concern regarding the high number of police members not declared competent and asked what happens to members who continuously fail competency tests. The Committee also expressed concern that the Department does not report on firearm training and recommended that the Department should include this in future (as previously requested). The Committee noted that the Department should differentiate between the levels of firearms competency of members, as most are competent in one type of firearm, but not all and that it creates a misperception of firearm competency of SAPS members. The Department stated that accredited shooting ranges remains a challenge but that progress is made in this regard.

Driver Licences: Members of the Committee expressed concern regarding the fact that many police members do not have valid drivers’ licenses, even though it is a requirement to become a member of the SAPS.

Leave management: The Committee noted that the abuse of sick leave was apparent at most stations visited during oversight tours and that this should be a major concern as it has significant cost implications for the Department and points towards a broader institutional problem. The Department stated that a seven year analysis of sick leave taken shows that the trend is declining, but that it will be closely monitored. The Committee further noted the increase in incapacity leave taken by members of the Senior Management Structure (SMS).

Suspension with or without pay: The Committee expressed concern regarding the perception that junior members of the SAPS often get suspended without salary and conversely that members in the Senior Management Structure (SMS) get suspended with salary. The Department stated that this is a perception and that there are strict Regulations governing these processes. However, the Committee expressed their remaining concern as these Regulations are still applied with the discretion of the relevant line manager.

Protective gear: The Committee raised concerns regarding what happened to members who get injured while on duty and did not wear protective gear. The Department stated that it does not discriminate against any member hurt while performing their official duty, whether they wear protective gear or not. It was further stated that some types of protective gear might restrict members in performing their duties. The Committee requested that the SAPS policy guiding the compensation paid to families of SAPS members either hurt or killed in the line of duty while not wearing protective gear, be provided to the Committee.

Capacity of Internal Audit Division: The Committee welcomed the commitment made by the Department to increase the capacity and effectiveness of the Department’s Internal Audit Unit and Auditing Committee. The Committee indicated that strengthening this division will enable the Department to identify challenges to the governance, risk management and internal control environments of the Department.

Legal Services: The Committee note with concern the escalation in legal costs incurred by the Department in 2011/12 and general poor performance of the Legal Services Division of SAPS coupled with a general lack of support provided to Programmes when entering into legal contracts. This issue was also highlighted by the Auditor-General. The Department stated that it is currently busy with the restructuring of Legal Services and that it will brief the Committee on this restructuring once completed.

Towing costs: The Committee noted concern regarding the escalating spending on towing services as it points to more vehicles breaking down because of routine maintenance not being done. The Department stated that it is currently revising the Garage Strategy of the Department and will address the challenges experienced in maintenance of vehicles.

7.3.2 Programme 2: Visible Policing

Key successes noted in this Programme for which the Department is commended included:

· Reduction in the number of reported serious crime within the rural areas; and

· Achievements made in safeguarding the South African borderline.

However, a number of concerns were raised:

Reduction of crime: The Committee noted its concern regarding the non-achievement of targets set for the reduction of serious crime, contact crime and trio-crimes.

Loss of state owned firearms: The Committee raised numerous concerns around control over firearms by SAPS members, as well as those kept in SAPS safes at stations . The 886 lost firearms are only those that have been reported lost of which only 152 were recovered, which means that 734 firearms are still lost. But it is clear from visits to stations that there is very little control over SAPS firearms that are booked in and out. The Committee wanted to know how many of the lost firearms resulted in criminal proceedings against the members, as well as conditions under which these firearms were lost. The Committee also asked what the cost implications are to the Department to replace these firearms and whether costs are recovered from SAPS members found guilty of losing a firearm as a result of negligence on the part of the SAPS member. The Department stated that, when a firearm was lost by a member of the SAPS, a criminal as well as an internal investigation would ensue. In terms of identifying whether these were used in the commission of crimes, the serial numbers of many recovered firearms had been filed off, so they could not be linked to lost firearms. Measures had been put in place to improve tracing of firearms with other markings.

Escapes from police custody: The Committee raised concerns that the target set to reduce escapes from police custody by 50 per cent was not only not achieved, but actually increased by more than 50 per cent. A total of 810 escapes from police custody were recorded in 2011/12, of which the majority of escapes were from Community Service Centres (CSC), CSC holding cells and police station offices (163 out of 810). The Committee stated that it is not surprised at this increase as it has found extremely poor conditions and management of cells in the stations during oversight visits.


The Department stated that a National Plan with guidelines was issued in October 2011 to prevent escapes. A mechanism has been created between cluster departments to address prevention measures. These included improved methods (equipment that should be used); improving relationship with cluster departments (nature of the criminal); enhanced practices at hospitals; reducing individual visits to cells and implementing best practice from other countries. A total of 323 members were charged in terms of aiding escapees, of which 175 was found guilty and 21 members dismissed. The Department stated that all corrective measures should be exhausted before a member can be dismissed.

Reservists: The Committee raised concerns around the long period of time that it is taking to review the reservist system of the Department. Concerns were also raised about the decrease in the number of Reservists in the Reserve Police Force (12 433 members) as well as the fact that reservist are increasingly used as guards at police stations.

Firearm applications: The Committee raised serious concerns that, even though it is reported that the firearms backlog was finalised by the end of August 2011, the set target for the finalisation of firearms application and renewals was not achieved in 2011/12. The Committee further requested that the Department indicated how many licences will need to be renewed in the current financial year. The Department stated that they had appointed dedicated personnel at National level to deal with the licensing of firearms. It was further stated that the new structure has been implemented at the Central Firearm Register (CFR) and will be implemented at Provincial and Station level to ensure proper handling of firearm applications.

Implementation of legislation: The Committee expressed critical concern about the poor implementation of legislation at station level. The Committee recommended that compliance with the requirements of all legislation should be included in the Performance Agreements of Provincial Commissioners. The legislation identified was: (1) Domestic Violence Act of 1998 (No 116 of 1998), (2) Child Justice Act of 2008, (Act No 175 of 2008), (3) Criminal Law (Forensic Procedures) Amendment Act, 2010 (Act No.6 of 2010) (Fingerprint Act), (4) Second Hand Goods Act, 2009 (Act No. 6 of 2009) and (5) Firearms Act, 2000 (Act No. 60 of 2000).

- Domestic Violence Act: The Committee expressed their dissatisfaction with the extremely poor implementation of the DVA and lack of compliance to the requirements stipulated by both the Act as well as the relevant National Instruction on Domestic Violence. The Committee indicated that the fact that the Act has been in place for 14 years and still finds lack of commitment from the SAPS to properly implement it, completely unacceptable. The Committee also expressed concern regarding the differences in cases of non-compliance reported by the SAPS and reported by the IPID. It was further stated that the failure to implement the DVA points towards the general attitude towards domestic violence displayed by members at station level. The Department indicated that a National Action Plan was developed and adopted to enhance compliance on the following issues: consideration of changes to the Act as well as the National Instruction; enhance training and reporting; and improvement of first level supervision and monitoring. The Department further stated that it will brief the Committee on challenges regarding the implementation of the DVA.

- Child Justice Act: The Committee expressed concerns regarding clear gaps in the information management system required to fully implement the Act and provide statistical information. The Department indicated that the Detection Management System is in process of awaiting the appointment of a service provider for development.

- Criminal Law (Forensic Procedures) Amendment Act (Fingerprint Act): Members of the SAPS are largely unaware of the existence of this legislation.

- Second Hand Goods Act: Members raised concern regarding the fact that the Act was signed into law in 2009 and that the Department was given grace until May 2012 to development control measures for implementation, yet the Department has not drafted a National Instruction and is currently busy developing such. Similarly, the Regulations to the Act are also not available. The Department have reported previously that members have received training on the Act, but the lack of the National Instructions and Regulations means that the training could not have been done properly.

- Firearms Act: The Committee raised concern regarding the lack of Designated Firearm Officers (DFOs) at many stations, coupled with inconsistent adherence to these appointments in light of the fact that it is a requirement of the Firearms Act. The Committee also stressed their concern regarding the possibility of creating a new backlog in firearm applications being captured on the Central Firearm Register (CFR).

Rural Safety Strategy: The Committee expressed concern regarding the status and impact of the Rural Safety Strategy and asked whether it forms part of sector policing. The Department stated that the Rural Safety Strategy was approved by the Minister of Police and the National Commissioner during June 2011. The Strategy was officially launched in the Free State during July 2011. It implemented a Stock Theft Pilot Project in February/March 2012, which proved successful and will be rolled-out to other provinces. This comprises a joint implementation between Visible Policing and Detective Services.

Stock theft: Members of the Committee stated their concern regarding the slow response time to stock theft and that it should be improved. Further concern was expressed to the fact that this slow response time is attributed to lack of vehicles in rural areas. The Department stated that this will be addressed thought the above mentioned Stock Theft Pilot Project. The Committee stated that the Department should respond to all crimes in the same fashion whether it be murder or stock theft.

Victim Support Rooms (VSRs): The Committee expressed concern about the slow delivery of victim support rooms and the poor state of those that do exist. The Department recognised that facilities used as VSRs such as Wendy houses deteriorate over time and that in some cases these had to be closed because of Health and Safety issues. It was reported that 25 victim support rooms were established in 2011/12 and that 79 park home facilities were ordered but had to be returned because they did not comply with specifications.

Safety at schools: Members requested an explanation on the safeguarding of schools, especially regarding illicit drugs at schools. The Department indicated that they are expanding their Safe Schools project and that they have signed an agreement with the Department of Education to create School Safety Committees, through which police stations will be linked to schools in their areas and will play a pro-active as well as reactive role in term of crime prevention and reaction to reported criminality.

10111 centres: Members raised extreme concern regarding the findings made by the AG of the lack of an audit trail linking calls to the 10111 Centre and case dockets registered on the Case Administration System (CAS). In addition, the fact that only 42.9 per cent of stations are linked to the 10111 system means that calls made directly to stations cannot be quality controlled. The Committee stated that this is not the first time the AG has made a finding regarding the reliability of information provided by the SAPS and that it should be addressed.

Illegal liquor: The Committee expressed concern regarding the fact that more illicit liquor outlets were closed during 2011/12 but that the amount in litres of alcohol confiscated has decreased. The Department indicated that this is due to a lack of administrative control of evidence registered in SAPS 13 Stores and needs to be addressed.

Spraying of dagga on border and mountainous areas: Members of the Committee raised concern regarding the lack of performance by the Department in the spraying of illicit dagga grown on South African borders and mountainous areas and asked why this was not done in 2011/12. The Department stated that while it is committed to perform this function, it faced challenges regarding its air-wing.

Sector policing: The Committee once again raised serious concerns around the relatively slow pace of implementation and effectively of sector policing across the country, though recognising that some improvements had been made in this regard. Sector policing has been a management strategy, since as early as 2002, yet is still not fully implemented and the Committee expressed concern that the implementation is showing signs of regression. The Department stated that the National Instruction 2/2009 was reviewed by National and Provincial role-players and stated that the biggest challenge regarding the implementation remains in rural areas due to large geographical areas, which will be addressed through the implementation of the Rural Safety Strategy. The Department indicated that Sector Managers should be appointed to effectively address the implementation of sector policing. Additionally, the Department stated that Sector Forums should be established which report to Community Policing Forums (CPFs) and that these structures are not performing optimally. The Department assured the Committee that the implementation of sector policing, as part of the Rural Safety Strategy, will be prioritised.

7.3.3 Programme 3: Detective Services

The Committee acknowledged the achievements made by the Detective Services programme as a result of prioritised capacitating and commitment to improve. Noticeably, it was agreed that the achievements made in 2011/12 will be used as base-line targets in coming years. The Committee also welcomed the inclusion of specific targets (singular figures) to measure performance of detection rates. Key successes noted in this Programme for which the Department is commended included:

· Achievement of many targets, especially detection rates and court ready case dockets for all serious crimes which increased from 30.84% in 2010/11 to 48.17% in 2011/12 ;

· Achievements made by the Directorate for Priority Crime Investigation (DPCI);

· Establishment of 338 Detective Service Centres across South Africa available 24 hours every day; and

· Turn-around in the Forensic Science Laboratories environment.

However, a number of concerns were raised:

Uniformed branch: Members of the Committee questioned whether the Department have considered the re-establishment of a uniformed detective branch to handle routine investigations. The Department stated that it is currently reviewing all previous specialised units that were closed, and that this review will include consideration of the Uniformed Detective Unit.

Detective Court Case Officers: The Committee expressed concern as to whether the Detective Court Case Officers are replicating the duties supposed to be done by Branch Commanders in that they check that case dockets on the court roll are complete. The Department stated that these officers are appointed to act as a link/bridge between the Department and the Department of Justice in terms of the Review of the Criminal Justice System.

Cyber-crime : The Committee questioned whether the Department has adequate capacity to fight cyber crime, especially properly trained specialists to deal with the increasing threat posed by cyber crime. The Department stated that the unit is adequately resourced and a strategy is developed to deal with cyber-crime.

Conviction rate : The Committee noted that the target set for the conviction rate for trio-crimes is not very high and should be increased.

Vehicles : The slow delivery of vehicles for Detective Service Centres was noted as a concern by the Committee. The Department stated that they have an undertaking from suppliers to deliver all outstanding vehicles on 31 January 2013.

Stolen/lost dockets : The Committee expressed concern regarding the high number of case dockets that are lost or stolen coupled with a lack of disciplinary steps taken against members guilty of losing dockets. The Department indicated that a quarterly review process was implemented to address this problem and that not all case dockets reported as lost or stolen was as result of malicious action. The Department committed itself to provide a full report and breakdown of the circumstances under which case dockets were reported as lost or stolen.

Detection rate : The Committee indicated that performance measures for Detection rates should be improved upon. The Department stated that it started at a baseline of 19% and currently stands at 53% achievement. It was further stated that the target is progressive in nature and will grow by 3 or 5% per annum.

Detective Service Centre : The Committee questioned on what basis a police station is identified for the establishment of a Detective Service Centre and where the 338 centres were established. The Department indicated that it is dependent on a variety of issues, including the type of station. The Department committed itself to provide the details on the locations of the centres together with the criteria for the establishment of these centres.

Child pornography: Members of the Committee asked whether a memorandum of understanding (MOU) has been signed between the Department and the Film and Publication Board of South Africa (FPB) to address the threat of child pornography and to effectively combat these crimes. The Department stated that the MOU has not yet been signed and acknowledged that seven years has lapsed since the recommendation was made by a Ministerial Task Team. Progress was requested within a week.

Family Violence, Child Protection and Sexual Offences (FCS) Units: The Committee questioned whether the number of FCS Units will be increased. The Department stated that the number of these units will not be increased, but that the number of investigators in these units will increase.

Stock theft unit : The Committee asked whether the 82 stock theft units already established are sufficient to deal with the challenge faced in rural areas. The Department stated that feasibility studies have been done to determine where additional units are needed. The establishment of a number of these additional units have been granted. The locations of the already established units together with the newly granted units will be made available to the Committee.

Purification of wanted person’s database: The Committee asked whether the wanted persons database has been established in terms of Criminal Law (Forensic Procedures) Amendment Act, 2010 (Fingerprint Act) and whether the applicable Memorandums of Understanding (MOUs) have been signed with relevant role-players like the Departments of Home Affairs, Correctional Services and Transport. The Department stated that the Department of Justice will take the lead on this process and that these have not yet been signed. It was further stated that the Standing Operating Procedures are supposed to be implemented 6 months after the enactment of the legislation which is on 30 November 2012. The Committee expressed concern that failure to implement legislation by the Department is a major concern, in that the Department does not regard legislation as tools to assist in the fight against crime. The Committee requested a written response on the MOUs and SOPs within a month and indicated that the Committee will address a letter to the Minister of Police in this regard.

Backlog in FSL: National Commissioner requested an independent audit to be done on this backlog, subsequent to an allegation of corruption made by police union, POPCRU.

Corruption and fraud: The Committee stated that the DPCI should focus on corruption in the public sector as it was identified as a priority of government. Additionally, it was stated that the DPCI should ensure that it has adequate funding to fulfil its mandate.

7.3.4 Programme 4: Crime Intelligence

Key successes noted in this Programme for which the Department is commended included:

· Achievement of targets in the Crime Intelligence environment.

However, a number of concerns were raised:

Intelligence-driven police service: The Committee raised the concern as to whether, at station level, crime intelligence members were utilised optimally and co-operated effectively with all others, such as detectives, visible police etc. The Committee is concerned that this may not be working as effectively as it should at station level, despite prioritisation of this strategy. The Department said the best performing police stations were those in which the intelligence officer briefed the Station Commander each morning and where there was good collaboration with other members at station level. The Committee was concerned that management was not taking sufficient steps to address non-compliance with the directives by management at station level in this regard. The Department stated that crime intelligence-driven policing faces resistance from members and used experiences recorded in Singapore as an example, in that it took Singapore 21 years to implement crime intelligence-driven policing.

Spending on vehicle maintenance: Members of the Committee raised serious concerns regarding the spending on equipment and operational expenses, in particular the R37,7 million spent on maintenance and repairs of vehicles and requested a written response from the Department.

Vetting : Similar to previous years, concern regarding the lack of capacity in vetting offices was expressed by the Committee and the Department was requested to explain the strategy put in place to address this situation. The Committee also asked whether the SAPS only vet internally or whether other departments also request vetting from them. The Department again stated that they do not have enough capacity in vetting and that the appointment of 88 vetting staff members will be completed in January 2013. Additionally, the Department stated that they only vet internal personnel.

Measurable targets : The targets were discussed and Crime Intelligence is considering assigning weights to the reports, in order to improve the target measurements.

Abuse of Crime Intelligence vehicles: There is abuse of vehicles mostly by Secret Service and less so by open account vehicles. Travel arrangements remain a problem.

7.3.5 Programme 5: Protection and Security Services

Key successes noted in this Programme for which the Department is commended included:

· Achievements achieved in the sub-programme: Government Security Regulator.

However, a number of concerns were raised:

Code of conduct: The sometimes disrespectful conduct displayed by members at Static security points were raised by Members of the Committee as a concern. The Department stated that there is internal system in-place for complaints and encouraged Members to make use of such.

Increase of public complaints against VIP Protectors : The Committee raised concern regarding the increase in public complaints regarding the disrespectful conduct of VIP Protectors while driving. The Department indicated that the training of VIP Protectors has been under review to sensitise Protectors on the acknowledgement of other road users.

Breaches in security: Members asked whether Standing Operating Procedures (SOPs) are in place to govern the actions taken by VIP Protectors when they are found in volatile situations as in the case of the MEC and Mayor’s vehicle being stoned in the Northern Cape. The Department stated that these are in place and that strict adherence to them is required from VIP Protectors.

8 Summary of the Department’s reporting requirements

The following table provides a summary of the additional information requested from the Department during the hearings and other reporting requirements.

Reporting matter

Action required

Timeframe

Programme 1: Administration and Financial Statements

Revision of measurable targets assigned to projects in the TMS (ICT/IT) environment.

Briefing

Before Annual Performance Plan for 2013/14 is presented to the PCOP. Date to be determined.

Quantitative analysis and evaluation of sick leave and incapacity leave taken by personnel.

Written report

30 November 2012

Restructuring

- Garage Strategy

- Cleaners Strategy

- Maintenance Strategy

Briefing

March 2013

Date to be determined – PCOP Strategic Planning Workshop

Detailed breakdown on Section 32 Retirements, including cost and motivation for approval.

Written report

30 November 2012

Detailed breakdown of Regulation 45 Appointments, including motivations for these.

Written report

30 November 2012

Request for full details on capital works project, including starting date (planning and construction), original budget, cost escalation, intended completion date and actual completion date.

Written report

30 November 2012

Strategy regarding the programme schedule and agreement with the Department of Public Works regarding the prioritisation of maintenance of police barracks.

Briefing

March 2013

Date to be determined – PCOP Strategic Planning Workshop

General prioritisation strategy of the SAPS when stations are identified to be put on the Priority list for capital work projects.

Briefing

March 2013

Date to be determined – PCOP Strategic Planning Workshop

Request for full details on capacity projects, including a detailed list of stations operating without basic services.

Written report

30 November 2012

Detailed report on police members (SAPS Act) still performing administrative duties.

Written report

30 November 2012

Detailed breakdown of firearm competency, including the types of firearms declared competent and those not yet competent

Written report

30 November 2012

Turnaround strategy for the improvement on the manner of reporting on training, to include firearm competency (firearm training) and driver’s licenses.

Breakdown of firearm competency of members according to specific firearms.

Briefing

Written report

March 2013

Date to be determined – PCOP Strategic Planning Workshop

30 November 2012

Restructuring of Legal Services Division

Briefing

March 2013

Date to be determined – PCOP Strategic Planning Workshop

Detailed report on the escalation of legal costs incurred in 2011/12. Additionally, this report should include the Regulations guiding the recovery of legal costs from parties found guilty.

Written report

30 November 2012

Communicate all organisational changes regarding the Senior Management Structure (SMS) and policies to the PCOP.

Continuous reporting

Continuous

Detailed report on firearms lost and the categories associated with these losses, whether it was forcefully taken, lost due to negligence and details of actions taken against members found guilty of negligence.

Written report

30 November 2012

Policy determining the need for satellite stations.

Written report

30 November 2012

Corrective action taken based on the Report received by the Auditor-General.

Written response plus briefing

Date to be determined

Policy guiding compensation paid to the family of SAPS members killed while on duty and not wearing any protective gear, especially bullet-proof vests.

Written report

30 November 2012

Programme 2: Visible Policing

Turnaround Strategy on the improved implementation of legislation clearly stating what the challenges were in the past and the way going forward. The following should be included:

- Domestic Violence Act

- Child Justice Act

- Second Hand Goods Act

- Criminal Law (Forensic Procedures) Amendment Act (Fingerprint Act)

- Firearms Control Act (Specifically the lack of appointing a Designated Firearms Officer at station level as required by the Act).

Briefing

March 2013

Date to be determined – PCOP Strategic Planning Workshop

Second Hand Goods Act Regulations

Written report

30 November 2012

Detailed report on number of firearm applications received, including the number of queries/complaints received by the SAPS on applications rejected (general rejections without providing reasons). The Department is further requested to include the number of firearm licences coming up for renewal within the current (2012/13) and next financial year (2013/14).

Written report

30 November 2012

Budgetary impact of the revised Resource Allocation Guideline (RAG).

Written report

To be determined

Review of the Resource Allocation Guideline (RAG) which will form part of the Restructuring briefing

Briefing

March 2013

Date to be determined – PCOP Strategic Planning Workshop

Programme 3: Detective Services

Detailed report on lost/stolen case dockets, including the circumstances under which these were lost/stolen

Written report

30 November 2012

Detailed breakdown of vehicles allocated to each stock-theft unit per province and station.

Written report

30 November 2012

Full breakdown of stock-theft units as a total, as well as per province and per station. Include the ideal number and on what feasibility studies for the establishment of a stock-theft unit is based.

Written report

30 November 2012

Progress report on the Memorandum of Understanding between the SAPS and the Film and Publication Board of South Africa on Child Pornography.

Written report

26 October 2012

Progress report on implementation of the Criminal Law (Forensic Procedures) Act, in terms of appointment of DFOs.

Written report

30 November 2012

Detailed report on the location of the 338 Detective Service Centres already established and the criteria is for the establishment of a Detective Service Centre.

Written report

30 November 2012

Progress report on the signing of MOUs with relevant role-players (departments of Home Affairs and Correctional Service and Transport) pertaining to the implementation of the Criminal Law (Forensic Procedures) Act (Fingerprint Act), together with progress on the development of the SOPs for the implementation of the Act.

Written report

30 November 2012

Programme 4: Crime Intelligence

High expenditure on vehicle maintenance (R37 million).

Written report

19 October 2012

Detailed report on the capacitating of ground coverers (part of Restructuring strategy).

Briefing

March 2013

Date to be determined – PCOP Strategic Planning Workshop

Programme 5: VIP Protection and Security Services

None

-

-

Civilian Secretariat for Police

Detailed staffing pan for the remaining 34 posts of the new organisational structure of the Secretariat.

Written report

19 October 2012

Detailed report on progress made in training of staff

Written report

19 October 2012

Detailed report on the number of bursaries awarded to staff, including the pass rates achieved in courses, the duration of courses and number of staff continuing.

Written report

19 October 2012

Implementation plan for the establishments of Provincial Secretariats

Written report

19 October 2012

Details on the establishment of Community Policing Forums (CPFs) and Community Security Forums (CFSs)

Briefing

Date to be determined

Progress report on the revised Reservist Policy

Written report

19 October 2012

Compliance Reports on the DVA

Written report

30 October 2012

Report on the compliance to the implementation of recommendations to the IPID and SAPS made by the Secretariat

Written report

19 October 2012

9 Recommendations relating to requests for movement of funds (virement) for the 2012/13 and funding made for the MTEF and additional issues

9.1 Prior Budgetary Review and Recommendation Reports (BRRRs) - SAPS

The following section provides an overview of recommendations made regarding the 2010/11 Annual Report of the Department of Police. The first part contains recommendations adhered to by the Department in 2011/12 and the second to standing issues consistently raised by the Committee:

Recommendations adhered to:

· The budget of the Department is adequate for their needs. The issue is not inadequate funding, but rather the more effective utilisation of existing funds. It was recommended that t he Department needs to note the responsibility that comes with receiving the biggest budget allocation in the Cluster and should thus use these funds responsibly.

· F ull forensic investigation into irregular expenditure.

· The Committee welcomed the initiative by the Auditor-General’s office to expand their sample in subsequent years by auditing 25 police station on an announced basis, as well as (for the first time) five unannounced stations.

· Detailed information should be reported on in subsequent annual reports in the following areas:

- The Committee wanted conviction rates reinserted into the annual performance plans and the annual reports. While acknowledging the concern of SAPS that conviction rates are not entirely under the control of the Department, it is the opinion of the Committee that they still provide a valuable source of information as to the quality of investigation completed. The Committee requests that information on: number of cases reported, cases to court, conviction rates and numbers undetected are all included in the annual performance plans and annual reports.

· In terms of Programme 3: Detective Services the Committee recommended that the Department should prioritise resources, including recruitment to fill vacant posts, training, vehicles and other resources, such as cell phones and computers. The Department should present a plan to the Committee on how they intend to ensure that all detectives are fully trained (have attended ROCC) within a defined time period.

Reoccurring issues:

· The SAPS strategy for combating crimes against women and children should include clear timeframes, as well as a ring-fenced budget. This costed strategic plan should be presented to the Committee during the budget hearings in 2012.

· The Regulations around the management of SAPS 13 exhibits should be implemented to the letter. The Committee recommended that the Secretariat utilises its Monitoring and Evaluation Unit to monitor the management of SAPS 13 Stores at station level and report to the Committee on the result of this exercise.

· Regulations around the control of SAPS firearms should be strictly adhered to. A proper audit should be completed of all firearms at station level.

· The Committee has asked before and reiterates that all targets should be costed and budgeted for and that this information should be provided to the Committee during the strategic planning process.

· The Committee recommended closer co-operation between itself and the Auditor-General’s office, as well as between itself and the other relevant parliamentary Committees.

· Detailed information should be reported on in subsequent annual reports in the following areas:

§ Following the adoption of the SAPS Anti-Corruption Strategy, the Department should report on:

- The resources dedicated to the implementation and monitoring of the SAPS Anti-Corruption Strategy.

- Numbers of police officials that are dismissed and not dismissed after being convicted of a criminal offence, including per province.

- Number of police officials that have criminal charges against them.

§ Loss of departmental firearms: including

- How these firearms were lost (e.g. negligence, stolen etc.).

- What action was taken against those responsible?

- Financial implication of losses.

§ Crime Intelligence: A target indicating the number of cases in which a conviction was as a direct result of involvement of Crime Intelligence should be included.

· Section 35 of the SAPS Act (terminations) should be dealt with strictly in terms of the spirit of the Act. Information on all Section 35 terminations awarded during the financial year, including reasons and full costs (including costs to the pension fund) should be included in the Annual Report. Regulation 45 should be dealt with strictly in terms of the spirit of the Regulation. These should be reported in the Annual Report and the information should include the reasons for use of the Regulation, identification of all vertical appointments and lateral entry appointments; and for each case identify the reason used to justify this. The Committee will review these two issues in the process of reviewing the SAPS Act.

· The clusters are not adequately fulfilling their strategic management role in terms of stations and the provinces are not adequately fulfilling their strategic management role in terms of stations and clusters. The Department should report to the Committee on steps that it has taken and will be taking to improve management and control at all levels.

· Prioritisation of building projects should be based on a scientific needs analysis. Deviations from prioritised lists should only occur under exceptional circumstances and all deviations should be reported to Parliament. Progress on delivery of basic services at station level should be reported back to Parliament. The Department should report to the Committee on details of and the plan going forward to deal with State accommodation for police members.

· The Department should prioritise filling the vacant posts at Crime Intelligence and ensuring that these personnel are properly trained. Operational crime intelligence capacity at station level should be effectively utilised as per Standing and Station Orders. The Committee will meet with its counterparts in the Joint Standing Committee on Intelligence (JSCI) to discuss the Committee’s concerns with regard to the secret fund and the performance of Crime Intelligence.

9.2 Recommendations made to the Department of Police (SAPS)

The following budgetary recommendations are made in terms of 2011/12:

2013/14 allocation: The Committee has consistently stated the need to ensure rigorous controls over spending by the SAPS to ensure responsible use of their very large budget. The Committee had requested that the Department provide budget figures for the additional funds that they would require in 2013/14 in order to deliver on the key projects highlighted in section 2.3 of this report. However, this information was not provided. Despite this, the Committee recommends that consideration is given to ensure that these identified priorities are adequately funded in 2013/14.

Funds for capital works and capacity projects: Improved spending in the Building environment, in particular with respect to earmarked funds, is crucial. While the Committee is not satisfied with the high under-expenditure of these funds in 2011/12 (reflected in poor performance) the need for improved controls over spending in this environment is recognised. It will be expected that improved systems and controls will now be reflected in improved spending and performance.

· The Committee recommends that the earmarked funds received from National Treasury for building projects should be allocated to individual projects/stations (instead of a blanket amount) in order to ensure increased and improved oversight in the building environment. Clear start and completion dates should be reflected.

· The Committee acknowledges that the bulk of capital works and capacity projects carried out by the Department of Public Works are for the Department of Police and as such expects more from the inter-departmental cooperation between the two departments. In light thereof, the Committee will call a joint meeting with the Portfolio Committee on Public Works to discuss this issue in more detail and to jointly identify measures to strengthen this relationship. In addition, all current projects will be discussed in this meeting which will include details on starting costs/final costs/deadlines of all projects.

· The Committee further recommends that the Department of Police should recognise their responsibility in all capacity projects, as they are paying for the services even when these are carried out by the Department of Public Works. They therefore need to play an increasingly proactive role in projects carried out by the Department of Public Works.

· However, the Committee is not convinced that it would be desirable to increase the role of the SAPS in maintenance of police stations. Previous experience reflects poor performance by the SAPS with regard to these kinds of projects. The Committee will call the National Commissioner to report in more detail on plans and capacity, before agreeing to this increased role. It is recommended that the Committee should be consulted on the envisaged maintenance strategy of the Department and that prior to implementation should be approved by the Committee.

Integrated Justice System (IJS) and Criminal Justice System (CJS) revamp funds: Poor spending, particularly of IJS earmarked funds is a problem as is the impact that this is having on delivery in the IJS environment.

· It is recommended that all earmarked funds for IJS and CJS projects are only provided for particular projects/initiatives when these are accompanied with clearly assigned measurable deliverables, delineated budgets and roll-out plans.

· The Committee recommends that a performance audit be done by the Auditor-General of South Africa (AGSA) on IJS and CJS projects across all CJS departments stretching a period of ten years.

· Movement of funds between IJS projects by the IJS Board should be limited.

· The Committee supports the recommendations contained in the National Development Plan which include:

- Immediate alignment of all strategic plans in the Justice Crime Prevention and Security (JCPS) Cluster with the seven-point plan.

- Appointment of a project manager to the Office for the Criminal Justice System Reform to coordinate the seven-point plan’s activities and programmes.

- Dedicated budgets for each relevant department in relation to the seven-point plan.

- Monitoring and reporting of implementation of the seven-point plan by the Cluster.

- Annual evaluation of implementation of the seven-point plan with assessment against overarching objectives.

Supply Chain Management: It is recommended that urgent attention should be given to SCM, particularly the increase of internal controls within this environment in order to better manage both moveable and immovable assets of the Department. It is further recommended that procurement should be done with service delivery in mind.

Technology Management Services (TMS): The Committee recommends that an audit be done on all projects in the TMS environment. It is further recommended that those systems found to be dysfunctional or where irregularities have occurred, should be placed on hold until solutions can be found. In this regard, specific focus should be placed on the TETRA and PCEM projects.

Spending on Goods and Services: The Committee recommends that the Department should ensure that tighter controls are put in place on spending on non-core items, specifically in terms of overseas trips, entertainment, subsistence and travel (T&S) and Consultants. It is further recommended that the Department should report the outcomes of all overseas trips taken within any given financial year.

Anti-corruption units: The Committee recommends that funding is made available for the establishment of dedicated anti-corruption units throughout the Department to combat corruption at all levels. High level corruption cases could then be escalated to the DPCI.

Directorate for Priority Crime Investigations (DPCI): It is recommended that the Head of this Directorate should ensure that adequate funds are allocated to the Directorate to perform its duties in the upcoming financial years. It is further recommended that a portion of Criminal Justice System (CJS) revamp fund is made available to the DPCI to capacitate the growth and development of detectives, specifically in the cyber and commercial crime environment.

Project Management Office: The Committee supports the establishment of a Project Management Office in the South African Police Service as this will increase service delivery on priority projects.

Discipline: The Committee recommends that the Management of the Department should ensure that members of the SAPS, in conflict with any prescripts, face tangible consequences for their actions. Further decreases in irregular expenditure and fruitless and wasteful expenditure should be apparent when there are consequences to improper actions.

Resource Allocation Guideline (RAG): The Committee recommends that the revised RAG should be delayed until the release of the most recent Census data by Statistics South Africa. It is further recommended that the Department of Police should inform the Committee about the budgetary impact of the revised RAG once completed.

The following performance-related recommendations include:

Programme 1: Administration

· Organisational changes: The Committee recommends that the Department communicate all organisational changes, regarding Senior Management Structure and policy changes, to the Committee on a continual basis.

Programme 2: Visible Policing: The Committee recognise the Visible Policing programme as the backbone of the South African Police Service and as such expect measurable improvements in the coming years.

· Domestic Violence Act (DVA): It is recommended that compliance to the Domestic Violence Act (DVA) should be stipulated as a performance measure included in the Delegations Key Responsibility Area (KRA), relating to the adherence to prescript, of all Station, Branch and Cluster Commanders, as well as Provincial Commissioners.

· Performance measures: It is recommended that achievements in performance measures in the Visible Policing programme should be improved upon. It is further recommended that consensus should be reached on the intended meaning of percentages set as performance indicators in the reduction of contact, serious and trio crimes, in that these do not refer to a five year period, but year on year reductions.

· Central Firearm Register (CFR): It is recommended that the system running for the Central Firearm Register should be redesigned in order to enhance the performance of the system as well as to better regulate firearms.

· Reliability of information: It is recommended that the quality of information captured on the Case Administration System (CAS) should be improved upon, as this has been raised by the AG for the last five years as a finding and could lead to a qualified audit report in future.

Programme 3: Detective Service

· Performance measures: The Committee recommends that the achievements made in 2011/12 be used as future base-lines in order to further improve the programme’s performance.

· Cased closed undetected: The Committee recommends that focus should be put on decreasing the number of cases closed undetected, as this will be a great achievement in performance of the detective service programme.

Programme 4: Crime Intelligence

· Performance measures: The Committee recommends that measurable targets should be better defined in that value for money and adequate oversight is ensured. It was suggested that the operational and strategic analysis reports be weighted to build quality assurance.

Programme 5: VIP Protection and Security Services

No recommendations made.

9.3 Civilian Secretariat for Police

In light of the above, the following budgetary and other recommendations are made:

· Designated Department: The Committee recommends that a meeting be held to determine the feasibility of the Secretariat becoming a fully fledged Department in order to determine a fixed date for the Secretariat to function as a department.

· Proactive reporting: It is recommended that the Secretariat play a more proactive role in alerting the Committee to issues and challenges identified by the Secretariat pertaining to the SAPS.

· Annual Report: The Committee recommends that the Annual Report of the Secretariat should include a section on the recommendations made to IPID and SAPS and the subsequent adherence to these recommendations.

· Performance targets: The Committee recommends that performance targets should be determined more realistically in the coming years in order to make provision for unforeseen circumstances, in particular referring to additional research requests from the Minister.

· Policy development: It is recommended that the Secretariat recognise the Committee as a partner in developing policy and that all policy should be discussed and consulted with the Committee before finalised.

10 Conclusion

The Department should be congratulated on the 2011/12 Annual Report as it is a great improvement on the previous Annual Report. The Department should pay attention to the findings made by the Auditor-General, especially in that the Department is stagnating in terms of improved service delivery and that the Department should guard against regression.

It is, however, undeniable the Department of Police has made significant gains on achieving greater performance in the detective service programme in the year under review. The Department still face equally significant challenges across most programmes and divisions of the Department, one of which lies in the Visible Policing programme. Visible policing forms the backbone of the Department and is the most visible in terms of service delivery successes and failures. It also receives the bulk of allocated funds and supports the rest of the programmes of the Department. To achieve greater success in this programme, urgent attention should be given to the improvement of management at all levels of the Department, but in particular at station level.

The acknowledgements made by the Department in terms of challenges faced in the Technology Management Services environment are refreshing and the realignment of technology systems is welcomed. The commitment made towards restructuring of the Department, especially in Supply Chain Management and Legal Services are welcomed and will be closely monitored by the Committee as it will greatly improve the way in which the Department enter into contracts, which is one of the major challenges of the Department.

The progress made by the Civilian Secretariat for Police in becoming a designated department will be closely monitored.

*It is requested that the Minister of Police ensures the implementation of all the above recommendations contained in the report.

Report to be considered.

Documents

No related documents