ATC130515: Report of the Portfolio Committee on Police on its oversight visit from 23-27 January and 02 February 2012 to the following Police Stations in Limpopo Province:

Police

Report of the Portfolio Committee on Police on its oversight visit from 23-27 January and 02 February 2012 to the following Police Stations in Limpopo Province:

Report of the Portfolio Committee on Police on its oversight visit from 23-27 January and 02 February 2012 to the following Police Stations in Limpopo Province :

· Ohrigstad Police Station

· Sekhukhune Police Station

· Burgersfort Police Station

· Mankweng Police Station

· Polokwane Police Station

TABLE OF CONTENTS

PAGE

1. Structure of the report

1-2

2. Introduction

2

3. Key observations, specific recommendations and additional

information requested

4

3.1 Ohrigstad Police Station (23 January 2012)

4-8

3.2 Sekhukhune Police Station (24 January 2012)

9-14

3.3 Burgersfort Police (25 January 2012)

14-19

3.4 Mankweng Police Station (26 January 2012)

19-23

3.5 Polokwane Police Station (02 February 2012)

23-27

4. General Concerns and Recommendations

28-29

5. Outstanding matters

30

The Portfolio Committee on Police having conducted an oversight visit to Ohruigstad , Sekhukhune, Burgersfort, Mankweng and Polokwane Police Stations from 23-27 January and 02 February 2012 reports as follows:

1. STRUCTURE OF THE REPORT

This Report is divided into five sections.

Section One : outlines the structure of the Report.

Section Two : Introduction- outlines the objectives of the visits, the stations visited, and the members of the delegation; and explains the methodology used during the visits.

Section Three : Key Observations, Specific Recommendations and Additional Information requested - records in some detail the observations of the members of the Portfolio Committee on Police with respect to each of the police stations.

The observations in this section are organised according to station to provide a detailed overview of the issues, problems and successes noted by the members at each of the stations.

In addition, under each station, there is a section on additional information requested. Timeframes were given for receipt of this information and it is recorded in the report as to whether this information was received or not, within the stipulated time period.

Lastly, under each station, there is a sub-section on Specific Concerns and Recommendations which identifies a number of specific concerns and recommendations that have been made by the Committee with respect to the individual police station concerned.

Section Four : General Concerns and Recommendations - highlights general concerns of the Committee emanating from the oversight visit as a whole and includes a number of general recommendations to the Department of Police arising from these concerns. It should be noted that these recommendations are directed to both the National Department of Police, and the Limpopo Provincial Commissioner’s office, and will also be taken up by the Committee in its interaction with the Department during the budget and other oversight processes of Parliament. The Department will be expected to respond to these concerns and recommendations.

Section Five: Outstanding issues – highlights information requested by the Committee that is still outstanding from the Provincial office or the stations concerned.

2. INTRODUCTION

The Portfolio Committee on Police undertook an oversight visit to the five police stations in Limpopo province in the periods 23-27 January and 02 February 2012.

Objectives of the visit

The objectives of the oversight visit to the police stations in Limpopo were to assess:

  • service delivery at station level;
  • the implementation, at station level, of the budget approved by Parliament;
  • the implementation, at station level, of policies and legislations passed by Parliament; and
  • whether or not stations are abiding by the performance plan and code of conduct of the SAPS.

Delegation

Parliament

Ms LS Chikunga (ANC), Chairperson and leader of the delegation

Mr G Lekgetho (ANC)

Ms PA Mocumi (ANC)

Ms MA Molebatsi (ANC)

Mr GD Schneemann (ANC)

Ms A Van Wyk (ANC)

Ms D Kohler Barnard (DA)

Mr M Swathe (DA)

Mr L Ramatlakane (COPE)

Ms Z Vice (Committee Secretary)

Mr K Lobi (Committee Assistant)

Ms N Van Zyl-Gous (Researcher)

The delegation was accompanied by the following officials:

South African Police Service

LT General Mpembe - Provincial Commissioner

Major General Ntlemeza - Deputy Provincial Commissioner

Provincial Heads

Major General Mbhalati - Legal Services

Brig TS Kgoadi - Technology Management Services

Brigadier E R Uys - Finance and Administration

Brig P Morkel - Detectives

Brig F M Huma - Inspectorate

Brig L J Mashilo - Organisational Development

Brig Marais - Supply Chain Management

Brig Seabi - Human Resources Utilization

Brig Tlhapane - Human Resources Development

Brig Morakaladi - Personnel Management

Brig Mulaudzi H - Communication Services

Brig Mulaudzi A R - Visible policing

Col Kruger - Crime Intelligence

Lt Col Du Preeze - Criminal record and crime scene

management

Directorate for Priority Crime Investigations

Major General Molapo - Deputy Provincial Commissioner, Crime

Detection

Maj-Gen Molatjana

Maj-Gen Moloko - Provincial Head: Human Management

Maj-Gen Dladla - Physical Resources Management

Independent Complaints Directorate

Ms Malekhopo Sepata - Principal Investigator

Secretariat of Police

Mr S Mahote - Parliamentary Liaison Officer

The delegation met with the station management team at each of the police stations and relevant cluster management teams.

The Committee would like to appreciate the Provincial Commissioner and his officials for availing themselves and accompanying the Committee throughout the oversight visit.

Methodology

In its visit to police stations, the Committee utilises the Station Monitoring Tool (SMT) to assist in ensuring comprehensive gathering and interrogation of information. The SMT is designed to ensure that members cover a wide range of issues during the visit - ranging from information on management of the stations, capacity of detectives, human and physical resources, and implementation of prioritised legislation, including the Domestic Violence Act No. 116 of 1998, the Firearms Control Act, No. 60 of 2000 and the Child Justice Act, No. 75 of 2008. The Committee also meets with interest groups, including members of the Community Police Forum (CPF) and the unions. The Committee is divided into groups during the visit and each group is responsible for monitoring, observing and gathering information on specific areas. The Committee thereafter meets together with the management of the station to discuss these observations and findings in detail.

3. KEY OBSERVATIONS, SPECIFIC RECOMMENDATIONS AND ADDITIONAL INFORMATION REQUESTED

3.1 OHRIGSTAD POLICE STATION (23 January 2012)

Rating: For the third quarter of 2011/12, the Ohrigstad police station had a rating of B (75.19%) with a grading of four stars. It was ranked 25 th in the Limpopo Province out of 92 stations. In 2009 the efficiency rate of the station was 75.02% and was graded B.

According to the Station Commander, Colonel Mashigo, the following were the key challenges faced by the station:

  • The station serves an area of 896km² and a population of 3 500.
  • The human and physical resources were limited.
  • The unavailability of the VEP centre was a challenge.
  • The station was not an accounting station.
  • The accounting station was Motubatsi Police Station and they had a good relationship with it.

3.1.1 KEY OBSERVATIONS

Management: The Station Commander is a Captain and had been at the station for 22 months. She had not signed the performance agreement and the copy of it was not available. The station serves a population of about 3500 and it consists of formal residential and rural areas.

There was one cleaner at the station, and the Provincial Commissioner indicated that the issue of cleaning staff was a national challenge which needed to be addressed.

The station had not had student constables in the past five years.

Community Service Centre (CSC): The station was clearly marked and was accessible by wheelchair. The CSC was clean and the manager was doing good work, but circulars from the Head Office were not properly filed/arranged. Some contained old information and needed to be removed from the notice board. Documents were properly kept, but management signed documents without checking whether the information was correct. There was no follow up done on problems that were identified in the documents during checking by managers.

The national hotline was not displayed.

Firearm Safes: The safe was very disorganised and dirty. A firearm, which according to the Register was meant to be in the safe, was missing and management mentioned that a SAPS member responsible for returning it had been disciplined and was now working in another police station. It was clear that SAPS members were taking out firearms but not necessarily signing these out or back in.

Designated Police Officer (DPO): Firearm licences and competency certificates that people had applied for and which had been issued were lying around, and the excuse given was that it was difficult to contact the applicants as most of them had changed their contact numbers.

Discipline: The Committee noticed that SAPS members did not stand up on arrival of the SAPS Provincial Leadership together with Portfolio Committee members. The Committee emphasized that that was unacceptable and was a clear indication of lack of discipline amongst SAPS members.

There was a high rate of absenteeism at the station. Members were abusing sick leave and rest days. The Station Commander mentioned that station orders regarding absenteeism had been drafted in order to manage the problem. Members would have to report to her if they were sick and not to the CSC anymore.

Community Police Forum (CPF): There is a good relationship between the CPF and the station. There was a contradiction in information given relating to the frequency of meetings. The CPF said meetings were held on a quarterly basis and the Station Commander said they were held every two months. This was also a case with the AGM - the Station Commander said the last one was held in 2009 and the CPF said it was held in 2008.

The CPF mentioned that they had not attended any form of training, but the Station Commander said that they had. It was mentioned that there was a racial issue regarding the activities of the CPF. The CPF relied on the support of the station and a local farmer. There was no neighbourhood watch. There were no complaints from the community. There was a challenge with using phones, as the area sometimes lost the network.

Unions: The Station Commander said that there was a good relationship between the station and the two unions – Sapu and Popcru. The Committee only managed to interview a Sapu representative, because the Popcru one was in court. The union complained that a certain Warrant Officer had been promoted to a lieutenant position without a proper procedure being followed.

The following information (highlighted) was provided to the Committee on 23 April 2012:

(The warrant officer referred to was promoted together with other warrant officers in the SAPS country wide in a mass promotion (Warrant Officer to Lieutenant) after having realised that they met the promotion requirements a set out nationally and he did not have any pending criminal or departmental trials. His promotion is therefore in order and proper).

Vehicles: The vehicles that were inspected were very dirty inside. There was a vehicle that had reached 300 000 kilometres. The typist indicated that there were enough vehicles at the station. The AVL system was managed at a provincial level. The Station Commander did not have authority to drive state vehicles. The station was going to receive four vehicles – two for detectives (a sedan and a 4X4), one high performance vehicle and one Nissan 4X4.

There was one vehicle that had been involved in an accident and was at the garage, and one was going to be boarded.

The following information (highlighted) was provided to the Committee on 23 April 2012:

(The Station received four vehicles)

1 x sedan for detectives

1 x 4x4 double cab for detectives

1 x sedan for uniform

1 x 4x4 for uniform

Detectives: The Branch Commander had served at the station in this capacity for a period of two years. There were four detectives at the station, excluding civilian personnel. There was no private room to take statements, instead detectives use their offices for interviews. The Committee emphasised that this was wrong.

One of the detectives’ offices had a burglar-proof door that did not have a key. There was a set of drawers that was locked and could not open. Detectives said that it had not been opened for the past three months and there was nothing inside. But once it was opened, evidence and unprocessed fingerprint forms were discovered.

The Committee was of the view that the Branch Commander, who is a Warrant Officer, was not in control of the detectives. This was difficult for the Committee to understand as the station had only four detectives.

Only one detective had attended the basic detective training course. Training of detectives needs attention and is paramount to attaining good detection rates. Each detective had a maximum of 25 dockets, which was far below the national standard.

Some of the detective’s documents were stored next to the holding cells. This was a concern.

The e-docket system had been installed in 2009. When the Committee asked for a scanned docket, it did not show the details of the detective who was working with it. New developments on the docket had not been updated on the system.

Members were concerned about the relatively low conviction rates at the station. The Committee was of the view that detection and conviction rates were not correlating.

On inspection, the members walked into an unlocked and unoccupied office and found dockets strewn on the desks, easily accessible for anyone to take. On opening the cabinets, it was clear than none of the three SAPS detectives occupying that office were filing properly and dockets were lying haphazardly on the shelves. There was no strongroom and windows did not have burglar guards.

Family Violence, Child Protection and Sexual Offences (FCS) Unit: The station does not have a FCS unit, but a particular mining company had donated a park home that was going to be delivered the following day if it did not rain. Only two FCS members had been trained in DVA. The Committee was concerned with the fact that not all shifts had a woman on duty. It was said that if rape victims were to come to the station, the typist would be called. It was reported that there had been no rape cases in the area, and the Committee felt that there was a room to be cautiously optimistic.

Cells: There are four holding cells at the station with a capacity to keep 10 detainees. At the time of the visit, there were no detainees, and the reason given was that they had been taken to Leboweng because there was no running water in the cells. This had happened three weeks before, and Leboweng was about 90 km from Ohrigstad.

There was no officer dedicated to look after the cells. There were two normal cells and two double cells. In one cell the toilet was not flushing, and another one had no water tap. The Committee was told that a plumber had been called the previous day but did not come.

The Committee was told that the station hardly had female detainees and did not keep minors in the cells.

The cell register reflected that the last arrest had taken place on 29 December 2011, which was more than three weeks before the visit. There had been eight arrests up to 29 December 2011 and no further arrest until 09 January 2012. The long outstanding cases had been sent to Nelspruit.

Archives: The Station did not have archives but used the registry office to store the dockets. The docket the Committee asked for could not be located. The Committee was told that the station had an e-docket register, but that was not the case. There was no control of the computers containing the e-docket system - everybody had access. The Committee wanted to compare the information on the e-docket with the original one, but the docket had not been properly scanned and a few pages were missing. Another docket could not be scanned because it was written in red pen. Such a docket could be lost without trace.

SAPS 13 Store: The SAPS 13 Store was in a good condition and very neat. The personnel knew where everything was stored. There were no rape kits lying around. There was a separate register for firearms. Exhibit firearms were kept with SAPS ones, this should not be the case, but the Committee was satisfied that they were kept in a safe area. There were 22 exhibit firearms and there were no amnesty ones. There were no drugs, and the Committee was told that the station sends them to the forensic laboratory as soon as they receive them. There was cash in the store. The last auction had been held in October 2011.

Sector policing: Sector policing was established but was not functional, and this was attributed to fact that some stations in the province did not understand how the sector policing operated.

3.1.2 ADDITIONAL INFORMATION REQUESTED

Additional information that was requested from the station management was received before the visit was concluded:

3.1.3 SPECIFIC FINDINGS AND RECOMMENDATIONS

The following are the key positive findings of the Committee:

· The Community commended the Station Commander for building a good relationship between the station and the community.

· There is a positive relationship between the CPF and the station.

· The cells were in a good condition, although there were no detainees at the time of the visit.

· Section 13 stores were in good condition.

The following members were commended by the Committee for doing good work:

· Ms Irene Monashani (typist) for knowledge of Human Resources at the station.

· Ms Alowani Mudou (Councillor) for services rendered to the station.

· Ms Beedge for organization of Section 13 Store.

The following are the key concerns of the Committee:

· The Committee was very concerned about the distance of the police station from the residential areas. It was of the view that that contributed to under-reporting of crime.

· The Committee noted the need for interviewing rooms.

The following are the key recommendations of the Committee:

It is recommended that the National Commissioner should ensure that:

· the Provincial Commissioner addresses the problem of lack of discipline among the SAPS members;

· sector policing be established as a matter of urgency, as it was not possible to police a 896 square kilometre area without sectors; and

· the issue of cleaners be attended to as it was wrong to expect police members to clean the station.

· To ensure that detectives had interviewing rooms.

3.2 SEKHUKHUNE POLICE STATION (24 JANUARY 2012)

Rating: For the third quarter of 2011/12 Sekhukhune police station had a rating of 72.99% (Grade B) - with a grading of four stars. It was ranked 34 th in the Limpopo Province out of 92 stations and ranked 254 nationally. In 2009 the efficiency rate of the station was 75.02% and graded B.

The Station Commander, Lt. Colonel Seroka noted the following:

· The station served an area of about 2000 square kilometres and a population of about 97 000.

· It policed 57 villages.

· The station was not an accounting station.

· The accounting station was Lebowakgomo Police Station and they had a good relationship.

· There was a shortage of offices and a need for renovation of the station.

3.2.1 KEY OBSERVATIONS

Management: The Station Commander had been at the station for nine months. The station had seven student constables. The station had established an aerobics team and road-running was done once a month.

The average reaction time was 27 minutes. Full management meetings were held every two months. The Station Commander met twice a week with detectives, and once a month with the rest of the members. A station Crime Combating Forum had been established. The station did not have enough 4X4’s despite the fact that the terrain of the area required these.

Community Service Centre : The closest sign showing the direction of the police station was at a distance of five kilometres. The station was close to a taxi rank.

The CSC was overpopulated - more space was needed. The computers and a printer were not working. There were no crime-intelligence personnel at the station.

The notice board had valuable information.

There was no bail conditions register.

There was a serious lack of management in terms of checking whether the information on the documentation and/or registers was correct, and no action was taken when irregularities were found.

Firearms safe: The firearms-safe was clean and there were few firearms kept at the police station. However, the registers were not kept properly and entries of firearms in the Firearms Register were inconsistent. Some were registered as if they had been booked out although they were available, and vice versa. Anyone seemed to have access to the safe keys and could make an entry if they so desired. The key to the safe was readily available. No action was taken against persons who did not record properly, and the register was not checked daily by a senior person. The Committee was concerned about this.

Designated Police Officer (DPO): There was a DPO at the station but he could not satisfy the Committee as to what he did after finishing processing the firearm applications he had received on a daily basis. The DPO did not have his own vehicle, but the station said that it had been ordered and was ready for collection.

The Committee was of the view that the DPO’s job description needed to be reviewed.

The following information (highlighted) was provided to the Committee on 23 April 2012:

(A vehicle was eventually allocated to the DPO. His job description was reviewed and his duties and performance is monitored daily by the Vispol Commander)

Discipline: There was a general problem with absenteeism at the station. Most reported absenteeism was during month-end and night shifts. The highest absenteeism was reflected in June and July. The explanation provided by the Province was that, during these months, members took leave because, if they did not do so, they would forfeit the previous year’s leave days. Sick leave was found to be severely abused.

Only three disciplinary cases were under investigation. One of misconduct was still pending.

Training: Out of 93 police officers, only fourteen had attended shooting courses/practice, and management did not give answers promptly in this regard. The shooting course was attended once in five years. The station had applied for an indoor shooting range.

There were still a lot of courses that management needed to ensure were attended.

Family Violence, Child Protection and Sexual Offences (FCS) Unit: The station had a very good and clean VEP. It had started operating in 2006 and was established through SAPS’ tea club. Sometimes it received donations from the United Nations through a service plan. The staff complement consisted of a manager, a co-ordinator, a finance officer and seven carers. People working there were all volunteers who did not get a stipend. The volunteers assist an average of two victims per day.

DVA

The DVA register was a mess, and the Province was asked to rectify it before the Committee completed the visit.

Vehicles: Vehicle management was generally good and information in the log books was properly filled in. Four police officers did not have drivers’ licences. There was a general abuse of vehicles for private use, and the AVL system was not properly implemented at the station.

There was a shortage of handcuffs and no reason was given for this.

Unions: Both POPCRU and SAPU mentioned that the relationship with the station was good.

Community Policing Forum: The CPF had a good relationship with the management of the station. It further mentioned that there were a lot of complaints about police assaulting people. The community complained about people being arrested and released. The CPF mentioned that a stipend for the CPF members should be considered.

SAPS 13 Store: The SAPS 13 Store was properly kept. The number of firearms corresponded with the number that was given to the Committee. There was a problem of money being kept at the station for too long. There was no proof of money received from the auction.

Archives: The Archives were also very well run and the officer in charge was trying hard.

Cells: The cells at the station were in a horrible state. There were 37 detainees in the cells and some had been there for more than ten months. The Committee found ropes inside the cells. It was clear that the cells were not monitored. The court register was not properly signed and controlled.

Detainees were badly treated by officers. One had been assaulted by other detainees, and had a bleeding ear, but was not taken to a clinic or given medication. On observation, the Committee found out that the detainee was mentally retarded. Some detainees were under the influence of drugs. Two detainees had been assaulted by police and the Committee recommended that the ICD should investigate those cases on that particular day. There was a very old man in the cells charged with malicious damage to property. A 17 year old had also been detained at the station and the Committee emphasized that that was very wrong, as the detainee was still a minor and was not supposed to be at the police station. Another detainee had been told to clean the floors before he could be allowed to make a phone call.

A loaf of bread and coca-cola were found in the cells. The Committee was very concerned about this, as bread could be used to smuggle drugs.

The Committee felt that the police station should be closed down because of conditions in the cells. The only positive thing about the cells was that all the locks were working. Other than that, everything was in a very bad state.

The following information (highlighted) was provided to the Committee on 23 April 2012:

(The detainee that had a bleeding ear was taken to Jane Furse Hospital for medical treatment, OB 3367/01/2012, SAPS 70 No. 2826976. At the time there was no bed available at Thabamopho Mental Hospital for mental assessment. The ICD recommended that no criminal or disciplinary steps should be taken due to conflicting statements received from the complainant and fellow inmates.

The cells were searched on the same day, however, no drugs were found.

ICD investigated the allegations of assault of the detainees and again recommended that no criminal or disciplinary steps should be taken due to conflicting statements received from complainants and fellow inmates.

Mr Ezekiel Kgomo is a 17 year old that was found in the cells, he had committed malicious damage to property and was released from custody by the court. He could not be granted bail due to the amount of damage (R10 000) he had caused. He was kept in the police cells because he was awaiting a probation officer who was going to assess him. The probation officer came a day after the Committee’s visit and he was released in terms of Child Justice Act after assessment by the probation officer).

Detectives: The detectives’ register had not been inspected by the police station nor the province. The oldest detective was 47 years old and the youngest was 27 years old. The station needed four more detectives. The detectives had two opportunities per annum to attend courses.

The station did not have a strongroom to keep dockets. Members had to share cabinets to file documents. In total, the detectives were working on 1172 dockets. The minimum dockets per detective were 70. Rape cases were investigated at the CSC and this was a concern for the Committee. The conviction rate for rape was 0%, although the area had a high prevalence of rape and 39% of rape cases were unresolved. This was totally unacceptable to the Committee. The conviction rate for murder was 10%. All the old dockets were of rape cases and the oldest was for a 2008 case.

A member of a task team had taken home 37 dockets that were subsequently burned by the members’ wife in an alleged domestic dispute. Only the wife was charged in this incident. The Committee indicated that they suspected foul play and recommended that a possible criminal case ought to be investigated against the member. The Province committed to ensure that action was taken against the member.

The following information (highlighted) was provided to the Committee on 23 April 2012:

( The CSC members were instructed to stop investigating rape cases but to secure crime scenes where necessary. The cases are now investigated by FCS at Lebowakgomo and CSC members effect arrests of suspects).

MEETING WITH THE COMMUNITY

The following issues were raised by the Community:

  • Stock theft was prevalent in the area and police were not assisting the Community in dealing with this matter. Some community members were tempted to take the law into their own hands.
  • Vehicles were stolen and sent to other provinces, especially Gauteng .
  • The station took long to respond on cases reported by the CPF.
  • As the area was mountainous, the type of vehicles provided to the station was not suitable for the area.
  • The station should be provided with high-powered vehicles to assist during robberies.
  • The police station building was old and needed to be renovated.
  • The station should be provided with a VEP budget, so that the volunteers could be paid a stipend.
  • The detectives’ offices were too small.
  • A security company should be employed to guard the entrance of the police station.
  • Some community members tried to curb crime by forming a soccer club, but this did not succeed because the ground that was used belonged to SASSA and was subsequently taken away.
  • Police in the area drank in taverns with criminals and released information to criminals before they could be arrested.
  • Police lacked discipline and used state vehicles to fetch their girlfriends.
  • A canteen needed to be built at the police station, so that police would not socialise with criminals.
  • A tavern owned by a police officer had operated all hours during festive season, whereas the community’s tavern’s operating hours were restricted.
  • Police brutality was prevalent in the area.
  • Many cases dating back to 2006 had not been resolved by the police – case numbers were provided.
  • Police at the station should be rotated as they had been at the station for too long and were now befriending criminals.
  • Police were slow in responding to reported cases.
  • Most police officers at the station had business interests such as liquor outlets and accepted bribes.
  • If a community member complained about his or her case taking too long to be resolved she or he would be told to go to the provincial office which would then assign the Hawks. The community felt that this was unacceptable, as police at the station were responsible for the community.
  • Nothing was done about under-aged children who were committing crime.

3.2.2 ADDITIONAL INFORMATION REQUESTED

The provincial office was asked:

  • to give feedback to the community on all the issues that were raised during the Committee’s interaction with the community, before the end of January;

The following information (highlighted) was provided to the Committee on 23 April 2012:

(In regard to issues raised with the community, this office would like to reflect the following:-

Follow up meeting was arranged and conducted by the Provincial management as directed.

The renovation of the station was done however the building of the new police station is not done

Nine vehicles were allocated to the station and these include 5 x 4x4, 1 truck for prisoners, 2 x 4x2 and 1 x sedan

Investigation into the allegation of police officials owning liquor outlets was conducted and it was established that no police officer is owning a liquor outlet. The suspicion aroused due to the fact that one police official is drinking liquor at one of the liquor outlets and they suspected that he is the owner.

Stock theft complaints were attended to and feedback was given to the complainants and stock owners, thereafter a stock theft forum was established

A register was opened to ensure that all reports relating to suspected stolen vehicles can be recorded and attended to immediately.

Roads in the area were re-graded by the municipality however the municipality could not de-bush an area next to the dongas or construct a bridge for school-going children due to financial constraints on their part).

  • to provide all the names of police officers who owned taverns in the area.

(Investigation was conducted, no police officer owns a tavern)

3.2.3 SPECIFIC RECOMMENDATIONS

The following are the key positive findings of the Committee:

· The victim-support centre was in a good condition and the counsellors were well-informed.

The following were commended by the Committee for doing good work at the VEP:

Sekele CM

Chewe NA

Kgoga ME

Seepe LM

Metsana MO

Mmotla TE

Mawela MC

Ratau MV

Hanyane PT

Maota ML

Mankge NM

Mokgwadi NR

Constable Timo – for managing the vehicles well.

Section 13 stores were well kept by Mr L T Modiba.

Archives were well kept by Ms K K Mohlala.

The following are the key concerns of the Committee:

  • The lack of distribution of firearm-licence cards at the station.
  • The Committee was very concerned about the Branch Commander who was withholding information on the issue of the 37 burnt dockets.
  • Police officers who owned taverns.

The following are the key recommendations of the Committee:

The Minister should ensure that:

· detectives undergo the relevant and necessary training, as this would help to improve the conviction rate;

· the Province should meet with the prosecutors to raise the issue of their taking too long to decide on cases, as raised by the station management;

· the Province should meet with their counterparts at Correctional Services to discuss the issue of convicted prisoners being sent back to police cells.

3.3 BURGERSFORT POLICE STATION (25 JANUARY 2012)

(UNANNOUNCED VISIT)

This was unannounced visit; therefore, no formal presentation was prepared by the station.

The Station Commander, Lt Colonel Mosena highlighted the following:

  • The station covered a population of about 45 000.
  • The station had 91 personnel which consisted of 18 Public Service Act employees, 58 functional members, 13 detectives, one cleaner and one foreman.
  • It covered 19 villages and 17 townships. Two malls were being built.
  • The station had a high crime rate.
  • There was a huge influx of foreign nationals into the area, owing to nine mines that were operating in the area. Most households were renting out their houses.
  • The station was always busy with crowd control due to strikes that took place in the mines.
  • Townships were full of illegal shacks.
  • The station used Lydenburg (60 kms away) and Sekhukhune (69 kms away) courts, and it was costly to travel to and from these areas.
  • The only prison was in Barberton , which was about 178 kilometres from the station.
  • There was a network problem with regard to cell phones and computers.
  • Water was scarce in the area and a borehole was drilled for the station.
  • The station building needed to be renovated because it had too many cracks.
  • There was a shortage of office space and the station hall had been converted to offices.
  • The station had 18 reservists, but only 13 were active, and they were used to do crime prevention.
  • The community fought over land ownership and the station had to intervene.

3.3.1 KEY OBSERVATIONS

Management: The Station Commander had been at the station for two years and he knew the area very well. He did not, however, know the crime profile of the area. He mentioned that there was a lack of a filing system at the station; hence, the documents were not in order. The Committee felt that the station commander needed administrative assistance even though his rank did not allow for such.

Community Service Centre: The police station was clearly marked and there was a board showing the direction of the station. It was accessible to persons with disabilities. A constable, who was responsible for the CSC, had colour coded the crime patterns, but other officers working there did not know what this meant.

The Committee found money and suspects’ clothes at the CSC.

Satellite Police Station: The contact point was about 47 kms from the police station. There was no sign indicating the direction of the contact point. It was in a bad condition – the roof was leaking and the Committee was told that this was a problem during the rainy season. Filing was done in pigeon-holes that were soiled in water. The caravan was privately owned.

Barracks: The station had barracks, but they were in a horrible condition. They were prefabs and had many holes. The rooms were extremely hot and there was no security. The place was used by males only and they were paying R250.00 per month in rent. Walls were stained and showers were filthy. This needed urgent attention. The Committee was concerned about the use of the money while the condition of the barracks was that bad.

(Quotations were obtained for the renovation of the barracks and the R250pm rental fee is paid in accordance with the policy for accommodation, water and electricity).

Unions: There was a good relationship between management and the unions. Popcru mentioned that the station needed 20 extra personnel because the crime rate was increasing. Most police officers were not from the area and had to rent the places where they stay. This posed a security risk.

Community Police Forum: The CPF was functional; although it had not been functional five years previously. There was a good relationship between the CPF and the station. The meetings were conducted once a month and were well attended.

Firearms Safe: The safe was full of offenders’ clothing that was packed in old envelopes having only names but no case numbers. There was a lot of money for bail that was paid at the CSC. The key was not properly controlled. The trainee constables were booking firearms in and out for themselves without supervision. The way the firearms were handled was very chaotic.

Designated Police Official: The station had an active DPO, but he did not have a designated vehicle. A total of 44 applications for new firearm licences had been received and the average waiting-time was three to six months. A total of 172 firearm licences had not been delivered, including 58 competency certificates. The nearest shooting range was in Nelspruit and Upington, which was about 300 kms from the station.

Vehicles: The Committee was told that the station had 45 vehicles, but the RAG could not be confirmed. Ten vehicles were inspected and only one was clean; the rest were filthy. Dirty plates, cool-drink cans and papers were found inside vehicles. Most of the vehicles had cracked windscreens, including the one that was at the contact point. Fresh blood had been spilled inside a vehicle with a registration number BRT 534 L. Another vehicle did not have a key for the petrol tank. The Station Commander did not know how to operate the AVL system and only a senior admin clerk could. He, however, was on leave and would only be back on 06 February 2012.

A total of 59 out of 77 members had authority to drive state vehicles. As the area was mountainous, members walked to reach some areas. There were allegations that there were members who had bought their driver’ licences and could not even put keys inside the ignition. Some vehicles had expired licence discs. When the Committee asked some police members to show their drivers’ licences, they disappeared.

Sector policing: The area had five sectors and only four were reported to be functional.

Discipline: A contributing problem to high level of absenteeism might be the fact that morale of members at the station was low. Members at the station did not have respect for their seniors. The Committee attributed this to the complaints that certain people were promoted although they did not deserve promotions. There was a member who had only a standard eight as a qualification, but he was promoted, while a black woman member who had a masters’ degree was reporting to him. There was also a member who was being counselled for absenteeism, and the Committee expressed its dismay at this.

There were three cases of police being involved in the theft of diesel from the mines. There was a case of an admin. clerk who wrote out a cheque of R2 000 for herself using the station’s cheque book. There was also a case of two members who stole crates of fruit.

The Committee was appalled to hear that none of the officers who were involved in the above-mentioned cases had been expelled; some were only fined. The Station Commander was also under investigation for the misuse of a state vehicle, and his case was dealt with by the Province.

There was a serious abuse of sick leave at the station, and the Committee had noticed that there were four members who were always sick. The Committee also noticed the trend that there were two doctors who always issued sick-leave certificates to the members of the station.

A typist had lodged a grievance in 2008/9, and this was not properly attended to. The grievance related to an acting allowance and promotion to the head of the human resources management.

The following information (highlighted) was provided to the Committee on 31 May 2012:

OUTCOME OF CRIMINAL AND DEPARTMENTAL HEARINGS OF BURGERSFORT MEMBERS

1. With reference to the above, members were charged both criminally and departmentally and the results are as follows:‑

1.1 No. 7033949‑1 Admin Clerk Dikana Lebowakgomo Cas 547/03/2009

fraud was reported on the 30/03/2009, The investigation is finalized and case docket was sent to DPP for decision.

1.2 No. 0639253‑9 W/O P C Phelane Burgersfort Cas 69/12/2008 possession of stolen property was reported on 06/12/2008 member was found not guilty and discharged on the 11/08/2009, he was issued with a written warning on 08/07/2010 .

1.3 No.620753‑7 W/O Magabane MD Burgersfort Cas 131/09/2010 theft of Diesel was reported on the 12/09/2010, the case is still under investigation by the Hawks W/O Simango, the disciplinary case against the member was withdrawn because the witness could not be traced, the information is that he went back to Zimbambwe.

Cells: The station had ten cells, but four had not been used for years. The gate at the entrance to the cells could not lock from the inside. This meant that when one of the officers visited the cells, the gate was left opened. The cameras in front of the cells were not working. The Committee visited the station on a Wednesday and the OB book reflected that the cells had last been visited the previous Saturday morning and at 17h00 when food was brought to the detainees. No names were written on the OB book to indicate who had visited the cells.

The cells were very dirty and needed to be painted. The Committee was told that the last time they were painted had been in 2007. A lot of liquor was stored in one of the cells. One cell was so dirty that grass and weeds grew inside it.

Shoe-laces were found inside the cells. In some of the cells, showers were leaking and doors were not working. Most detainees had been in the cells for longer than was required. A lot of medication and shoe-laces were found in the cells.

Mr Thabo Ngobeni had been in the cells for 16 months. Mr John Mnise had been detained since August 2011 and was very sick, vomiting blood; yet had not been taken to hospital. A detainee, who was a foreign national, had been brutally assaulted by police. Some had been denied opportunities to make phone calls. The ICD was called in to take statements and to ensure that the sick and assaulted detainees were taken to hospital.

The fire extinguisher had last been inspected in 2010.

Detectives: The detectives did not have sufficient interview rooms and used another police station for that purpose. The station had ten detectives and two were used for cluster-related cases. The station needed four more detectives in order to operate maximally. The average number of years of experience of the detectives at the station was 15. The Branch Commander indicated that she was not happy with the experience levels of detectives at the station.

The youngest detective was 26 years old and the eldest was 50 years old. Only four detectives had completed the full detective training course. Six had not been trained even in basic training. The station offered only one training opportunity per year. Ten dockets had been lost but were recovered. It was not clear what was done to those who had been implicated in the loss of dockets.

Members noted that there were a large amount of dockets on detectives’ desks and commented that no person can work on thirty or more dockets at once. Thus, concern was raised towards the improper storage of case dockets and that the threat that someone might walk past and swipe one or more of the dockets existed. The caseload of dockets at the time of the visit was 850. The smallest caseload per detective was 53, and the highest was 143. The oldest docket that was still open, was for theft of a motor vehicle in 2003. The detection rate on rape was 66.67%, murder 36.86%, house robberies 72.73%, business robberies 76.92% and assault GBH was 85.71%. The station could not provide the conviction rate. The station had experienced problems with incorrectly formulated charges and poor statement-taking. The problems were being addressed through workshops that were taking place at the time of the visit.

The station had lock-up filing cabinets, although they were not enough. There was no strongroom and burglar-proofing on doors. The court register had not been properly signed. The Branch Commander said that she inspected the dockets once a month. The unit had two vehicles.

Relationship with other role-players in the CJS: The station was in the process of organising a forum where regular meetings would be conducted on a monthly basis.

FCS: The station did not have a VEP centre and used an office to counsel victims. There were trained SAPS members to deal with abuse and rape victims, and there was a female member on duty at all times. There was a DVA register, but it needed to be properly completed. The station only recorded the domestic violence cases where a protection order was issued. This needed to be rectified, as it affected the statistics on domestic violence. A member that was asked about the contents of the DVA did not know it.

SAPS 13 Stores:

· Firearms

Firearms were kept together with other exhibits. After counting the firearms the Committee discovered that there were five extra firearms that were in the store.

  • Other exhibits

The general stores were found in a terrible state. Exhibits did not have evidence tags. There was no report on the auction that the Committee was told had taken place. There was a lot of liquor, and it was scattered all over the place. The exhibit that the Committee asked for could not be found. The Committee learnt that the member who was responsible for the stores had recently been promoted. This was questioned because of the state that the stores were in.

Archives: The archives were in total chaos. There was no archive register.

3.3.2 ADDITIONAL INFORMATION REQUESTED

The following additional information was requested from the provincial management during the visit:

  • A full report on all promotions at the station in the past five years
  • Disciplinary steps taken against all the members who had been involved in the cases that are mentioned above.
  • A report on whether the police station had been correctly graded.

3.3.3 SPECIFIC CONCERNS AND RECOMMENDATIONS

The following are the key positive findings of the Committee:

  • The DVA Register file was clean and well kept.

The following are the key concerns of the Committee:

  • The station had completely collapsed.

· The station commander said there was a functional CPF, but the Committee later learnt that the CPF had collapsed five years previously, as members of the station had felt that it was irrelevant.

· The Committee was shocked to hear that police officers who were supposed to protect the community’s property were the ones who were stealing from them.

· There was no register for public complaints.

· There was no crime intelligence officer at the station.

· Most training courses were attended but only by few officers.

· Non-performing members and members without relevant qualifications had been promoted.

The following are the key recommendations of the Committee:

The Committee recommends that the National Commissioner should ensure that:

· the province and the cluster should be held responsible for the fact that the police station was completely dysfunctional;

· the station commander should be removed and a care-taker manager be appointed to manage the station;

· a proper plan of performance assessment should be drawn up in order to remove non-performers;

· disciplinary steps are taken against the members who have been involved in theft and corruption, and also against those who have been involved in the loss dockets; and

· members of the station are trained in the use of records.

· members who were responsible for promoting non-performing members must be made to account.

3.4 MANKWENG POLICE STATION (26 JANUARY 2012)

Rating: For the third quarter of 2011/12, Mankweng police station had a rating of 68.51 %, Grade C+, with a grading of four stars. It was ranked 59 th in the Limpopo Province out of 92 stations and ranked 470 nationally.

3.4.1 KEY OBSERVATIONS

Management: The station had been operating from park homes since its inception in 1985. It was on the list of stations that were going to be built, but the Station Commander was not sure when that would take place. The station had an Acting Station Commander, Brigadier Seopa. He had been acting for the past six months, because the Station Commander was under investigation. He had completed the station-management learning programme. There was a shortage of office space at the station. There were two cleaners at the station and 98 reservists. The RAG of personnel at the station was 301, but the actual number was 269. The station was not an accounting station. It had four contact points.

All officers at the station had been taken for trauma counselling when there was a shooting at the station.

Community Service Centre: The police station was clearly marked and there was a board showing the direction to the station. The station was clean and in good condition. There was a bail-conditions register and bail receipt book. The admission of guilt file was not consistent. Only 10 out of 215 police officers had done the DVA five-day course. Only one member had been trained on DVA in the previous year, and only 21 members had received training in the past year.

The OB clerk was a police officer who was appointed on a daily basis to make entries in the OB book. Members who were responsible for those occurrences were not signing the OB book. The Committee mentioned that that should be corrected.

Two constables at the CSC did not know the station orders on DVA nor the meaning of economic abuse.

Firearm Safe: The safe was clean and the firearms were handled well. The officers responsible for it could account for firearms that were booked out. One officer at the station did not know the Firearms Control Act. A student constable, who was not issued a firearm, was the person receiving them, and the committee felt that this was wrong.

Designated Police Official: The station had a designated police official who had no access to the DVA register. About 172 firearm licences had not been delivered. The DPO had a designated vehicle.

Community Police Forum: The station had a functional CPF. The CPF mentioned that they were faced with the challenge of being viewed negatively by some police officers. At some stage, they had received threatening phone calls from SAPS members. They did not receive feedback on reported cases. They said that the relationship with the station had improved since the new station commander and branch commander had assumed duty.

They complained about not having transport to attend sector meetings. They also needed reflector jackets. When there were problems within the community, the police officers just come to their houses to fetch them without phoning beforehand. The last AGM had been held in November 2010.

FCS: The station had a VEP that was operated by volunteers and trained SAPS members. There was a DVA register at the station. The last entry in the register was on 17 January 2012. There was a copy of the DVA, national instructions, regulations, station orders and the list of organisations and services. There was a copy of the Child Justice Act and the National Instructions.

The station had registered all the domestic violence cases but indicated that most people went to court first and returned to the station with protection orders. The DVA register was clearly recorded, but the station waited for protection orders before filling in all the necessary information. The Provincial Commissioner promised that a workshop dealing with the DVA and the issues around the protection orders would be organised. The ICD and prosecutors would be invited to the workshop.

Unions: The station had a good relationship with the unions. Both SAPU and POPCRU complained about the type of vehicles used at the station were not suitable for the terrain. The unions mentioned that the members were disillusioned owing to the flawed promotion policy. There was a ‘free’ promotion policy for certain people. They mentioned that there was a certain captain who came from Polokwane for a position as a lieutenant, and, after a few months, he went back to Polokwane. They said that that was not acceptable, because a person had to spend at least two years at a station where he had received a promotion.

The following information (highlighted) was provided to the Committee on 23 April 2012:

( In relation to the officer who was moved from Mankweng to Polokwane, It is reported that the officer was transferred back to Mankweng and this was also confirmed by the station).

Discipline: There was a general problem with absenteeism at the station. The month of June reflected the highest absenteeism rate. There was also a problem with the way the station captured its crime statistics. Members were instructed to record three cases of assault per day; if there were more cases than that, they were told to report them on the following day.

There were 25 cases of misconduct that had been initiated during the past financial year and two of fraud/corruption. Some police officers at the station were accused of extorting liquor and letting the detainee walk free.

Sector policing: The area had five sectors. In sector five, there was a problem of a fight within the community over chieftainship. Sector meetings were held on a monthly basis. The area was planning to increase the sectors to eight.

Training: There were two field-training officers at the station. Their ranks were captain and warrant officer. There were twelve student constables at the station and they had their own firearms when they commenced duty. It was reported that student constables were no longer bringing their portfolios and were not allocated to detective services.

Vehicles: There was a shortage of vehicles at the station, and the vehicles that were currently in use were not suitable for the terrain surrounding the station. The station had been allocated 54 vehicles according to the RAG, but the actual total at the station was 59. Twelve vehicles were inspected and four had exceeded 200 000 kms. The log books were well kept, although the vehicles were very dirty. There were tyres inside the cars. Two licence discs had expired and new ones were not displayed on the windscreens.

A total of 91 operational members did not possess state authority to drive police vehicles.

Relationship with other CJS roleplayers: The relationship with prosecutors was tense. This was due to the fact that they withdrew most of the drunken-driving cases. They also sent dockets to regional court without informing the detectives. A meeting had been held with magistrates and a follow up was in the pipeline.

The following information (highlighted) was provided to the Committee on 23 April 2012:

(Case flow meetings are now held on monthly basis to discuss problematic cases. There is an improvement on prosecutor’s decisions on outstanding and current cases. Convicted prisoners and awaiting trial detainees are now being held at Polokwane prison after intervention by the Provincial Management).

Cells: The station had ten cells. The cells were clean but needed to be painted. The OB book was inspected every two hours. All the detainees were supposed to be in Polokwane prison and not in the station cells. The one who had been there the longest, had been there from January 2010. The reason given was that the prison was full. The Committee emphasised that that was not SAPS’ problem. It was illegal to keep convicted or awaiting trial prisoners in police cells.

Plastic bags and medication were found inside the cells, and members were asked to remove them. There had been one escape from the station. Two cells were overcrowded and there was no provision for female detainees. Thirteen detainees were kept in a cell that was supposed to house three to six detainees.

Detainees respected officers. Some of the locks were not working properly, and the Committee was told that this had been reported to the SCM four months previously. All inner doors in the cells were not working.

SAPS 13 Stores:

  • Firearms

The DPO was responsible for SAP 13 firearms. Firearms were properly tagged and numbered. Most of them had not been sent for ballistics tests. The doors had small locks and this posed a serious problem.

  • Other exhibits

The store was in a mess and there was no backup system. Seven park homes were used as SAP 13 stores. None of the park homes was safe. Evidence was not marked. There was no transfer register. The Committee was told that liquor was destroyed, but there was no proof of this.

Warrant Officer Malema misled the Committee saying that the doors could be locked, although this was not the case.

Archives: The archives were well kept . The dockets asked for were easily found. When they became full, some items were moved to the SAP 13 stores, which caused a mess there.

Detectives: There were 34 detectives at the station. Of these, 22 were officers and the rest were non-commissioned officers. The station needed ten more detectives. Cases that were closed unresolved were 1 280. There had been 17 missing dockets in the past three years, of which 12 were lost at court and five in the detectives’ offices. No members had been charged or disciplined as a result of missing dockets.

There was a shortage of vehicles at the unit and six more were required. Two detectives were allocated to a vehicle. Detectives were working on 2 892 cases and there was an average of 60 cases per detective. The smallest caseload consisted of 14 cases. These were serious cases, and a captain had been assigned to deal with them. The highest caseload was 121 cases and consisted of assault GBH and theft. The oldest docket in the system was of murder and had case no. 123/10/2010. The station had 25 registered informers.

Detectives did not know the fingerprinting legislation.

3.4.3 SPECIFIC CONCERNS AND RECOMMENDATIONS

The following are positive findings of the Committee:

· The station had school visits during holidays, and the Committee commended that.

· Colonel Botha was commended for his knowledge of the fleet of vehicles he was looking after.

· Colonel Maleka was commended for holding crime-prevention operations in the area. Teachers also helped during operations.

· The DPO who was responsible for SAP 13 firearms was commended for doing good work.

The following are the key concerns of the Committee:

  • The station did not have a security guard at the gate. The SAPS was guarding the gate during the day and it was locked at night.
  • The Committee was very concerned about the attitude of Warrant Officer Malema towards a certain captain and colonel. He called them by their surnames. He had been in the position for the past ten years and every time a senior officer tried to discipline him that officer would be removed.

The following are the key recommendations of the Committee:

The Committee recommends that the Minister should ensure that:

  • the control of the firearms safe keys should be improved;
  • the station should consider having a designated person to deal with the domestic violence register;
  • the roofs of the two park homes that were used as barracks should be fixed;
  • senior managers at the station should take disciplinary actions against ill disciplined members including Warrant Officer Malema.

3.5 POLOKWANE POLICE STATION (02 FEBRUARY 2012)

Rating: For the third quarter of 2011/12, Polokwane police station had a rating of 49.33 %, Grade D+, with a grading of two stars. It was ranked 88 th in the Limpopo Province out of 92 stations and ranked 936 nationally.

3.5.1 KEY OBSERVATIONS

The Station Commander, Brigadier Mashele, mentioned the following:

  • The station policed a population of about 82 845.
  • The area policed was 3038 square metres.
  • The area had 33 suburbs and nine sectors.
  • There were 18 high schools, 20 primary schools, five higher educational institutions and five Malls in the area.
  • Industrial sites, semi-urban area, farms and formal and informal settlements surrounded the station.
  • Roads in the area were 50% gravel farm roads.
  • According to RAG, there were 339 personnel and the actual was 420. The station needed 200 more members.
  • There were 29 student constables at the station.
  • The station had 112 reservists.

Management: The Station Commander has been a SAPS member since she was nineteen. She was previously a provincial head of Vispol. She had been in the station for five months. She had completed all the relevant station commander courses. The station was an accounting station. Cluster meetings were held every Monday. There was a good relationship amongst the cluster members. There were three field-training officers and members had been trained in the field-training course. There were plans to renovate the station. There was no private security contract.

The following information (highlighted) was provided to the Committee on 23 April 2012:

(The station is not renovated and is not on the SAPS Strategic Plan. However a second police station has been opened in Polokwane as per the investigation referred to during our meeting and is called Westernburg Police Station).

There were instances in which there would be no water at the station. There was a separate room for certification of documents and the queue was very long.

Community Service Centre: The station was clearly marked and was accessible by wheelchair. The area was generally clean except for the kitchenette. The noticeboard had informative information. There was a suggestion box and its contents were discussed in management meetings. There was a bail register with bail conditions in it, although it was very chaotic. The admission of guilt register was very full and was difficult to read.

Satellite police stations: The station had three satellite police stations that were operating 24 hours a day. There were four contact points.

Community Police Forum: There was a functional CPF at the station. The meetings took place twice a month and were well attended by the station management, except for the head of detectives (but he had been at the station for only two months). The CPF sometimes received complaints about police members. The last AGM had been held in 2010.

The CPF mentioned that the area needed more satellite police stations and training of police officers on languages spoken by the community.

Unions: The station had a good relationship with the unions. This had not been the case under the previous Station Commander. Staff complained about unfair treatment when it came to promotions. They said the station needed more personnel and vehicles for crime prevention. They complained about not being compensated for working overtime. They said that the caseload for detectives was high.

It was the unions who had reported the issue of the manipulation of statistics.

FCS: The station had a VEP centre which was clean, but it was not equipped with beds. Victims were sent to places of safety around town. There was always a female officer on duty. Volunteers did receive a stipend. A total number of 56 SAPS members were trained on DVA, 16 were trained on Sexual Offences Act. There was a DVA register at the station, its regulations and National Instruction. The station had a draft copy of station orders. There was a Child Justice Act but no regulations.

Firearms: The firearms register was neat, although it did not have all the required information. There was no proper control of the safe keys. The nearest accredited firearm training institution was 5 kms away.

Designated Police Official: There was a DPO at the station and he had access to the DVA register. He had his own vehicle and worked with five subordinates. A total of 2615 applications for firearm-licence renewals had been received and they were all successful and all of them had been distributed. The period for the completion of the process was seven months, and eight months for new licence applications.

The DPO, Captain M J Phasha, knew and had passion for, his work.

Discipline: There was a general problem with absenteeism at the station. The most absenteeism was reported during the night shift and during the month of January. There were 16 cases of grievances. Of these, 15 had been resolved and one was still outstanding. The grievances related to unfair treatment and promotions.

A firearm had been stolen from a cubby hole of a crime-intelligence officer’s vehicle. Disciplinary steps were being taken on the matter. The station was investigating a case of firearms that had been signed for by a certain colonel and had subsequently disappeared.

Vehicles: The RAG and the actual number of vehicles did not correlate. The Committee was told that the RAG indicated a number of 68 vehicles, while the actual was 112 vehicles, three buses and one truck. The Committee was not satisfied with this information. It took three days for the garage to repair minor dents and 38 days for bigger jobs.

The inspected vehicles were clean and had spare wheels, although some of these were flat.

Detectives: There were insufficient meeting rooms for use by detectives. The average years of experience of detectives was 18 years, and the average age was 38 years. A total of 79 out of 88 detectives had completed the full detective training course, and four had completed the specialised training course. Detectives received four training opportunities per year. The station needed 20 more detectives.

There was a shortage of vehicles at the unit, and two and half detectives were allocated per vehicle. The detectives needed eight to ten more vehicles. Five of their vehicles had reached 200 000 kms and were going to be boarded.

The caseload at the unit was currently 5 400 cases. The average number of cases assigned to each detective was 80 - the smallest being 36 and the highest 170. The offices were not locked and dockets were lying around on the tables.

The dockets were inspected once a month, and the Committee mentioned that that was not acceptable as this should be done on a weekly basis. No docket had been lost in the past three years. The oldest docket that was still open in the system was 97/07/96. The e-docket system was fully operational at the station.

Some exhibits were found in one of the detective’s offices.

Cells: On the day of the visit, the captain who was responsible for the cells mentioned that he was a sector manager and had just been called that day to look after the cells, because the lieutenant who was normally responsible was off sick.

There were eight cells at the station and they were all in operation. The cells were designed to hold 55 detainees, but, during the visit, there were 63 detainees inside the cells. The register showed that on 21 January 2012 there were no cell inspections. There had been more than 12 hours of non-visitations.

There was a woman with a small baby inside the cells. There was a detainee who had been there since September 2011, because he did not have money for bail. There was no drinking water in some of the cells. The toilet was not flushing in one of the cells. There were foreign nationals who were allegedly wrongly arrested. There was a detainee who was very sick with chest pains and was not allowed to go to hospital.

One detainee had been brought back from prison because he was sick. Shoe laces, tracksuit strings and plastic bags were found inside the cells. The inside doors of the cells were not working.

SAPS 13 Stores:

  • Firearms

The firearms were neatly packed. Those that had already been taken for ballistics tests were kept in separate plastic bags.

  • Other exhibits

The store was very big and well kept. The exhibits were properly labelled. The exhibit the Committee asked for was easily found. There were drugs that dated back to 2009 that had not been sent to forensics. The register showed that some exhibits (drugs) had been destroyed, although that was not the case. There was a lot of cash in the store. The transfer register was not well kept.

Archives: The archives were very neat and properly packed. The docket that the Committee asked for was easily found.

The Committee commended the good work done by Captain M P Nchaupe, W/O K S Mashiane and W/O M J Molele.

3.6.2 ADDITIONAL INFORMATION REQUESTED

The Provincial Commissioner was requested to:

· provide the Committee with a report on the outcome of the investigation into the manipulation of crime statistics.

The following information (highlighted) was provided to the Committee on 03 June 2012:

(The members involved were from Polokwane and Mankweng Police Stations – the departmental hearings took place on 16-18 May 2012. Further hearings will take place on 18-20 July 2012.)

3.6.3 SPECIFIC CONCERNS AND RECOMMENDATIONS

The following are the positive findings of the Committee:

· The Station Commander works overtime without compensation.

· The CSC Commander was working hard and needed to be supported.

· The station was one of the few stations that had properly kept SAP 13 stores.

· The station was good but needed to be managed more effectively.

The following are the key concerns of the Committee:

· The Committee strongly condemned the fact that police officers who were involved in the manipulation of crime statistics had been sent to the provincial office and formed part of the provincial delegation. The Committee viewed this as the promotion of officers who had been involved in wrongdoing.

The following are the key recommendations of the Committee:

The National Commissioner should ensure that:

· the SAPS should train the CSC officers on how to keep the DVA registers.

4. GENERAL CONCERNS AND RECOMMENDATIONS

The following are the overarching general positive findings of the Committee:

  • All the Station Commanders that the Committee interacted with had brought positive changes to their police stations and were experienced in policing; except the Station Commander from Burgersfort who was under investigation for the misuse of a state vehicle.

  • The Committee appreciated the hospitality offered by Brigadier Uys during the entire visit.

  • All police stations visited had functional CPF’s.

  • The Provincial Commissioner accompanied the Committee for all of its oversight visit, except for one day when he had to attend a pre-planned management meeting at Head Office. This was highly appreciated by the Committee.

The Committee, during its oversight visit, came into contact with a number of exceptional members of the SAPS, who were performing their functions beyond the call of duty.

The following overarching general concerns noted and recommendations made by the Committee include:

Management: Management at many of the stations visited was weak. The National Commissioner should ensure that ineffective managers should be redeployed into positions in which they would be more useful. Managers should also be made to recognise the value of the administrative aspects of their work, which would also result in more effective crime reduction and crime combating.

Firearms: Poor control of both SAPS firearms and exhibit firearms was apparent at many of the stations. This poses a very real danger to persons and the community at large. The National Commissioner should ensure that all firearms at police stations should be audited and IBIS tested.

Management of firearms should also be improved urgently. Staff with sufficient authority should be put in control of these firearms. The CSC commander should be responsible for the SAPS firearms register and keys.

Archives: The poor state of the archives, with the exception of the archives at Polokwane police station, was alarming.

SAPS 13 stores: Some drugs found in the SAPS 13 stores were not being dealt with in the same manner as other drugs.

Detectives: Lack of proper management of the detectives was noted at many of the stations, resulting in poor detection and conviction rates and the withdrawal of cases by the courts.

Absenteeism: The abuse of sick leave is an ongoing problem in the SAPS.

The National Commissioner should ensure that sick-leave patterns and the reasons for the abuse of sick leave should be analysed. This should play a big role during promotions. It cannot be correct that people who abuse sick leave are promoted to senior positions.

Discipline: Lack of discipline continues to be a problem at stations. Action taken has not been effective in ensuring behavioural changes.

The National Commissioner should ensure that every action or instance of misconduct should have immediate consequences.

Cells: The conditions of the cells and treatment of detainees at many of the stations were appalling. The Committee was very shocked that police were brutally assaulting detainees.

Sector policing: It became apparent during the visit that the province did not know how sector policing operated. The Provincial Commissioner promised to improve the situation.

Vehicles: The lack of monitoring and effective use of the Automated Vehicle Location (AVL) system is a concern. The Minister should ensure that the AVL system is properly monitored.

The National Commissioner should also note the following: There is a need for improved control over vehicles’ logbooks and there should be consequences for the abuse of vehicles. All SAPS vehicles’ licences must be renewed in good time. Management of available resources must be improved. Consideration should be given to sending new recruits to advanced driving courses.

Corruption: Allegations of corruption by the SAPS members and involvement of the police in acts of criminality in the areas was a serious concern to the Committee.

Relationship with the Community: In a few instances, the poor relationship between the police and the community was apparent.

Recommendations of oversight bodies: The Committee noted many instances where the recommendations of oversight bodies, including the Inspectorate and the Independent Complaints Directorate (ICD), had been ignored by the police station.

Implementation of legislation: Ongoing lack of proper implementation of the various Acts passed by Parliament, including the Domestic Violence Act, the Child Justice Act, the Firearms Control Act and the Criminal Law (Forensic Procedure) Amendment Act was noted.

Promotions: The allegations that the Provincial Human Resources Department was promoting members on the basis of ethnicity. The fact that SAPS members who were non-performing were promoted and some had no qualifications needed urgent intervention and investigation. The Committee recommends that the Public Service Commission should be requested to investigate all promotions in the province.

The National Commissioner should ensure that steps should be taken at station, Cluster and Provincial level to address this situation in each of the stations. Training should be provided for all members to ensure that they know the contents of the legislation and how to apply them.

Ohrigstad: This is a police station that was functional but had challenges.

Sekhukhune: This police station that was moving with speed towards being dysfunctional.

Burgersfort: The police station was completely dysfunctional.

Mankweng: This is a police station that was functional but with challenges that could be attended to.

Polokwane: This is a police station that was functional but needs to be properly managed.

5. OUTSTANDING MATTERS

· It is noted that the Province provided the Committee with most of the information that was asked for. The bulk of the information was provided to the Committee a day before the Committee completed its visit.

Report to be considered .

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

DPO- Designated Police Officer

VEP- Victim Support Centre

DVA- Domestic Violence Act

CJA- Child Justice Act

CJS- Criminal Justice System

Terms used:

Designated Police Official- This refers to the person responsible at station level for dealing with licencing 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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