ATC130416: Report on the Oversight visit to Police Stations in Northern Cape Province, dated 12 February 2013

Police

REPORT ON THE OVERSIGHT VISIT TO POLICE STATIONS IN NORTHERN CAPE PROVINCE, DATED 12 FEBRUARY 2013

REPORT ON THE OVERSIGHT VISIT TO POLICE STATIONS IN NORTHERN CAPE PROVINCE , DATED 12 FEBRUARY 2013

1. INTRODUCTION

The Portfolio Committee on Police conducted an oversight visit of three police stations and one Independent Police Investigative Directorate (IPID) office in the Northern Cape Province from 24-27 July 2012. The police stations and offices that were visited were:

· Pabalello police station

· Keimoes police station

· Upington police station

· Northern Cape Independent Police Investigative Directorate (IPID) satellite office

1.2 Objective of the oversight visit

The aim was to ensure that the legislation and policies passed by Parliament are implemented accordingly and that the compliance thereof is adhered to.

Another objective of the Committee was to commend good performance and identify challenges and short-falls in the performance of each police station.

1.3 Delegation

Members of Parliament

Hon A Van Wyk - Acting Chairperson (ANC)

Hon A Molebatsi (ANC)

Hon G Lekgetho (ANC)

Hon D Sibiya (ANC)

Hon D Stubbe (DA)

Hon George (COPE)

Hon D Kohler Barnard (DA)

Support Staff

Ms J Shonhiwa - Committee Secretary

Mr K Lobi - Committee Assistant

Mr M Buthelezi - Committee Researcher

2 Visit to Pabalello Police Station

The Portfolio Committee visited this station on 24 July 2012. The Committee made the general observation that the performance of the station was not at an acceptable level.

2.1 Findings of the Committee

2.1.1 Accessibility: The station was not well identified because there was no sign on the road that identified the station. It was accessible to both people with disabilities and the community.

2.1.2 Vehicles : There were insufficient vehicles at the station. The AVL system is working perfectly and the vehicles’ location can be traced. All vehicles have valid license discs. Three vehicles are taken home by members; one is taken by a duty officer and the other two are taken home by sector managers. Authority for taking vehicles home is granted by the station commissioner and proof thereof was produced. The vehicles are suitable for the terrain. Three vehicles are utilised for attending complaints during the week. This number increases to five during the weekend.

2.1.3 Community Service Centre (CSC) : The Domestic Violence Act (DVA) register is kept at the CSC. The register is completed correctly. The list of the organisations which offers counselling and other support services is not kept in the CSC or updated regularly. The police officials that attend to complaints do not understand the DVA. The Child Justice Act is available in the CSC but the list that contains particulars of the probation officers as well as well as written agreement with the probation officer was not available. There were no station instructions on how to comply with the provisions of Child Justice Act. Both DVA and Child Justice Act documentation are policy compliance documents rather than useful for operational purposes.

2.1.4 Leave abuse and absenteeism: The management indicated that there

is absenteeism especially in the month of December and January. It also takes place during weekends and month-ends specifically in shifts.

2.1.5 Second Hand Goods Act : The DPO is responsible for policing compliance with the Second Hand Goods Act. There are four registered Second Hand Goods dealers in the area.

2.1.6 Detectives : The detective office is not located in the same place as the police station. It is one and the half kilometres from the police station. There is general problem regarding the taking of the statements and formulation of the charges. There were 9 missing dockets in the past 3 years but they were all found in court. There are 446 cases at the unit. The smallest caseload by a detective is 19 cases and the highest is 142 cases. A total of 107 cases were closed undetected in the past financial year. There is a lack of informers in the unit and the budget for informers is unknown to the Branch Commander.

2.1.7 Cell: The station does not have cells.

2.2 Recommendations of the Committee

As part of dealing with the identified challenges, the Portfolio Committee made the following recommendations:

2.2.1 The shortage of the female police officers was posing a serious challenge in dealing with crime against women and children. The Provincial Commissioner must provide the Committee with the report on how is she intends to address this shortage.

2.2.2 The DVA should be perceived as a crime fighting tool other than an added responsibility to police officers. The station must provide the Committee with the report on how it will improve on utilising/complying with the Domestic Violence Act.

2.2.3 The vacancies in the detective unit should be filled. The shortage of informers must be addressed and budget allocated for them communicated to the Branch Commander.

2.2.4 Sector policing should be supported by the provisioning of more vehicles. The role of the Cluster is not clear in assisting and ensuring proper management of the station. The role of a Cluster in the station management should be improved.

2.2.5 The station should be commended for being clean.

2.2.6 The Community Policing Forum and Youth Desk must also be commended for the role they play in crime fighting in the area.

3. Visit to Keimoes Police Station

The Portfolio Committee visited this station on the 25July 2012. The Committee made the general observation that the overall performance of the station is at an acceptable level.

3.1.1 Findings of the Committee

3.1.2 Accessibility: The station is not identifiable by roadmarkings indicating the whereabouts of the station. The station building is in a state of good repair. The station is accessible to all including people with disabilities. The only concern is that people with disabilities had to access the station from the entrance at the back of the police station.

3.1.3 Vehicles: There is a shortage of vehicles in the police station. According to the RAG there should be eighteen vehicles but currently there are twelve. These vehicles were also not suitable for the terrain. All vehicles have valid licence discs displayed on them. Three vehicles were involved in accidents in the previous financial year. Two vehicles are taken home after hours by the members, one by an officer and the other by the detective on stand-by. The Station Commissioner authorises these vehicles to be used after hours. Two vehicles were used for responding to calls for assistance from the community during the week and one more vehicle is added during the weekend. Three vehicles were boarded in the past financial year and these vehicles were all replaced.

3.1.4 CPF: The Chairperson of the CPF stated that the communication between the Provincial CPF and the local CPF is poor. He also states that they have received no funding in the past financial year.

3.1.5 DVA: The DVA is available in the CSC but the list of organisations which offer counselling and other support is not updated regularly. The Act is not kept in the patrol vehicles and vehicles that attend to complaints. The Register is correctly completed.

3.1.6 Child Justice Act: The Child Justice Act is available in the CSC but the list that

contains particulars of the probation officer as well the written agreement with the probation officer was not available. National instructions on how to comply with the provisions of Child Justice Act was not available. The Station Instructions were there but never communicated to the police officials at the station.

3.1.7 Vacancy and absenteeism: There is no general absenteeism at the police

station . The month that reflects the highest absenteeism is June and some members do not report on duty after their rest days.

3.1.8 Second Hand Goods Act : There is one person responsible for policing implementation of the Second Hand Goods Act. There are five registered Second Hand Goods dealers in the area and they are visited weekly.

3.1.9 Detectives: The Detectives are situated three hundred metres from the station. The detectives identified the problems of poorly taken statements and incorrectly formulated charges. There was only one missing dockets in the past 3 years. There are 558 cases at the unit. The detective caseload varies from the smallest which is 9 to the highest which is 92 dockets. A total of 108 cases were closed and registered as undetected in the past financial year. There were 1078 dockets that were opened in the past financial year. There were a total of 6 registered informers and one claim was made in the past financial year.

3.1.10 Cells : There were a total of six cells and all of them were in operation. There were no detainees in the cells. The condition of the cells was acceptable.

4 Recommendations of the Committee

4.1 The station was performing at an acceptable level but it can still improve.

4.2 The Branch Commander must be assisted to ensure effective crime investigation.

4.3 The introduction of military ranks in the SAPS was said to improve command and control. This should be evidenced in the manner in which members are executing their daily duties.

4.4 The Provincial Commissioner must assist the station with the provisioning of a mini-bus that will transport the witnesses to and from court.

4.5 The Cluster must ensure that it assists the station where necessary to ensure that it improves on its service delivery.

4.6 Communication needs to be improved to ensure that members are aware of the new legislation that is passed by Parliament and what is expected by them in executing the provisions of this legislation.

5. Visit to Upington Police Station

The Portfolio Committee visited this station on the 26July 2012. The Committee made the general observation that the performance of the station was not at an acceptable level. The Committee made the following findings:

5.1 Findings of the Committee

5.1.1 Accessibility: The station was clean and easily identifiable. The station was accessible to both the public and people with disabilities. General information was displayed on the wall and all members observed had their name tags.

5.1.2 Vehicles: There is a shortage of the vehicles at the police station. According to the RAG there should be fifty-nine vehicles but currently there are fifty. These vehicles were suitable for the terrain. All vehicles have valid licence discs displayed on them. Fourteen vehicles were involved in an accident in the previous financial year. Six vehicles were boarded in last financial year. The station was allocated nine vehicles in that same year.

5.1.3 CPF: The Chairperson of the CPF stated that they lack training that can enable them to perform their functions as the CPF.

5.1.4 DVA: The DVA is available in the CSC and the Register is kept up to date. The Act is kept in the patrol vehicles and vehicles that attend to complaints.

5.1.5 Child Justice Act: The Child Justice Act is available in the CSC but the written agreement with the probation officer was not available.

5.1.6 Vacancy and absenteeism: There is general absenteeism at the police station. The month that reflects highest absenteeism is January.

5.1.7 Second Hand Goods Act : There is one person responsible for Second Hand Goods. There are fifty-six registered Second Hand Goods dealers in the area and they are visited weekly.

5.1.8 Detectives: The detectives are situated three kilometres from the station. They identified poorly taken statements one of the problems they are experiencing. They were also not happy with the Crime Office at the station. Their complaint was that it is not adding any value in the investigation of crime and experienced detectives were placed in that office which increased the workload of the remaining detectives. There are 2261 cases at the unit. The smallest caseload of a detective is 32 cases and the highest is 327 cases. A total of 853 cases were closed undetected in the past financial year. There were 3065 dockets that were opened in the past financial year. There were a total of 64 registered informers and one claim was made in the past financial year.

5.1.9 Cells: There are eleven cells at the station. Only one cell is operational. Two cells have cracks on the walls and the other cell is used as a storeroom. The status of the cells is poor and some of the cell doors do not close or lock. There are no grill doors in some of the cells and they are stored in the storeroom. Some of the taps and lights are not working. Four detainees (three males and one female) were in the cells at the time of the visit. String, a watch and a newly used condom was found in the female cell. There was also a drunk female detainee were found in the cells. There were two escapes from custody in the past financial year.

5.1.10 SAPS 13 Stores : There are three stores at the station and one archive. SAPS13 firearms are stored together with firearms for safe-keeping and amnesty firearms in the strong-room. Unlawful firearms are also kept in the strong-room for safe-keeping and owners are not charged for having them. The warrant officers working in that strong room were unable to provide the exact number of firearms and ammunition that were kept in the strong-room. Blood kits are kept in the SAPS 13 and some are to be fetched by the investigating officers. Fifteen rape kits were kept in the store and were never sent to the laboratory for examination.

5.2 Recommendations of the Committee

5.2.1 The Station Commissioner must ensure that there is teamwork amongst detectives as this was lacking. There must be a system in place to ensure that there is a regular feedback to complainants.

5.2.2 The Provincial office must report to the Committee on the progress regarding the fraud case against the police officials .

5.2.3 Progress reports regarding escapes from the custody must be tabled with the Committee.

5.2.4 The CPF must ensure that it holds its Annual General Meeting.

5.2.5 Departmental cases must be finalised timeously.

5.2.6 The Provincial office must ensure that detectives are also promoted as is the case with police officials in other units.

5.2.7 Progress reports regarding the improvement of cells must be tabled with the Committee

5.2.8 Progress reports regarding the processing of rape kits to the laboratory must be tabled with the Committee.

5.2.9 The Station Commissioner must ensure collective responsibility of all management in the station. They all should ensure that policing is effective at the police station.

5.2.10 The Cluster should validate its existence by ensuring that it assists the station to improve its performance.

5.2.11 All responses must be sent to the Committee by the 17 August 2012.

6. Visit to Independent Police Investigative Directorate Office

The Portfolio Committee visited this IPID office on the 27July 2012. The Committee made the following general observations.

6.1 Findings of the Committee

6.1.1 The office is neat, well identifiable, and accessible to the public and people with disabilities. It is, however, not near the public transport facilities. The building has a number of rooms that are not utilised. The building is in a good condition.

6.1.2 There were three investigating officers and one administration clerk at the office. The job description of the clerk is to arrange the trips of the investigating officers. The investigating officers carry amongst them a total of 112 cases of which only 9 are active dockets. Three were assault cases and was carried by a junior investigator. The senior investigator has six rape cases under investigation. Other dockets were at court. Two of the three investigators are former police officers with detective training. The other investigator who is also used to input statistics in the computer system was not able to state whether she had obtained her investigative training. She is currently undergoing training as an investigator because she was previously trained as a case analyst.

6.1.3 The investigating officers always referred to Regulation 20 in their recommendations to SAPS but they were unable to explain what this Regulation entails. The Committee inspected different registers and they do not reflect the cases that are open. The numbers that were in the registers were not necessarily case numbers. Forensic reports were not in the register allocated but were found on the other register. In finalised registers, some pages were torn-off. The majority of the cases were closed unsubstantiated with no further explanation. There were no copies of the recommendations made.

6.1.4 The dockets to court register did not contain the complainant’s name, and there were no signatures to reflect that the docket was indeed taken to court. The senior investigator alleged that he was attending the court but according to the court register there was no court that day and the last court date was in February 2012.

6.1.5 The office did not have access to the Provincial database. Neither did it have access to their own data once the docket was closed.

6.1.6 There are no systems for docket control. The registers are not inspected. There were two counts of rape by one police officer at Upington LCRC and that person was still working and was never suspended.

7 Recommendations of the Committee

· The Committee recommended that the IPID office provide a written report on all matters that it was unable to answer during the visit.

Appendix 1: Acronyms and Terms used in the Report

Acronyms:

AFIS- Automated Fingerprint Identification System

AVL- Automated Vehicle Location system

CPF- Community Police Forum

CSC- Community Service Centre

FCS- Family Violence, Child Protection and Sexual Offences Unit

SAPS- South African Police Service

Terms used:

Designated Police Official- This refers to the person responsible at station level for dealing with licensing and other requirements in terms of the Firearm Control Act.

SAPS 13 Store- This refers to the stores and safes that hold exhibits including firearm exhibits.

Firearm Safe- This refers to the safe(s) that hold State (official firearms) for use by SAPS members

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