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
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
·
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 complainants 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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