ATC161021: Budgetary Review and Recommendation Report of the Portfolio Committee on Police on The 2015/16 Annual Report Plan of the South African Police Services (SAPS), dated 21 October 2016

Police

BUDGETARY REVIEW AND RECOMMENDATION REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON THE 2015/16 ANNUAL REPORT PLAN OF THE SOUTH AFRICAN POLICE SERVICES (SAPS), DATED 21 OCTOBER 2016.

The Portfolio Committee on Police, having considered the financial and service delivery performance of the South African Police Services (SAPS) for the 2015/16 financial year, reports as follows:

 

         1.         Introduction

 

1. Description of core functions of the Department

 

The core functions of the South African Police Service (SAPS) in terms of Section 205 (3) of the Constitution are to prevent, combat and investigate crime; maintain public order; protect and secure the inhabitants of the Republic and their property; and to uphold and enforce the law. The budget vote of the Department of Police is appropriated by Parliament in the Estimates of National Expenditure (ENE) as Vote 25.

 

            1.2        Mandate of the Portfolio Committee on Police

 

The mandate of the Portfolio Committee on Police is derived from sections 55 and 56 of the Constitution. The mandate of the Portfolio Committee on Police is to:

 

a)         Monitor the financial and non-financial performance of government departments and       their entities to ensure that national objectives are met;

b)         Process and pass legislation;

c)         Facilitate public participation in Parliament relating to issues of oversight and      legislation;

d)         Review the performance of departments and entity through annual reports;

e)         Scrutinise the financial and non-financial performance of departments and entity;

f)          Interrogate the annual performance and strategic plans of the departments and entity;      and

g)         Monitor the implementation of legislation.          

 

 

1.3        Purpose of the BRR Report

 

Section 5 (2) of the Money Bills Procedures and Related Matters Amendment Act (Act 9 of 2009) allows for each Committee to compile a budgetary review and recommendation report (BRRR) which must be tabled in the National Assembly.  Section 5(3) provides for a budgetary review and recommendation report to contain the following:

 

1. an assessment of the department’s service delivery performance given available  resources;
2. an assessment on the effectiveness and efficiency of departments use and forward allocation of available resources; and
3. recommendations on the forward use of resources.

 

In October of each year, portfolio committees must compile Budgetary Review and Recommendation Reports (BRRR) that assess service delivery performance given available resources; evaluate the effective and efficient use and forward allocation of resources; and may make recommendations on the forward use of resources. The BRRR are also source documents for the Standing/Select Committees on Appropriations/Finance when they make recommendations to the Houses of Parliament on the Medium-Term Budget Policy Statement (MTBPS). The comprehensive review and analysis of the previous financial year’s performance, as well as performance to date, form part of this process.

 

1.4        Methodology in compiling the report

 

This Report has been compiled after meetings held with the Department on 11 -12 October 2016. During this period, the Department reported on performance in terms of its key programmes, key objectives, key targets, as well as financial performance. The Committee also consulted the oversight, budget and previous Budget Review and Recommendation Reports, Annual Performance Plan and the SAPS Strategic Plans in compiling the report. Other documents consulted include the 2016 State of the Nation Address, the Medium Term Budget Policy Statement and the response by the Minister of Finance. 

 

            1.4.1     Civil Society Comments

 

The Committee called on civil society groups and academics to comment on the SAPS 2015/16 Annual Report. The following organisations were asked to comment on the Police Annual Report: South African Police Union (SAPU), Police and Prisons Civil Rights Union (POPCRU), the Institute for Security Studies, African Policing Civilian Oversight Forum (APCOF) and the Social Justice Coalition (SJC).

 

            1.4.2     Institute for Security Studies (ISS)

 

Mr Gareth Newham of the ISS welcomed the inspections and the Back to Basics campaign of the SAPS, but noted that murders, robberies and violent crime had increased for the year in review. Murders were the outcomes of armed robberies that in their opinion, the police could better manage. They were concerned that the drop in the sexual offences category was not a real drop when correlated with the National Victims of Crime Survey which found that there was a 30% reduction of victims in sexual assault reporting the crime. The drop could possibly reflect a real reduction in the numbers of cases or it could also reflect a drop in the reporting of rape, which was more plausible. Of concern to the ISS was crime intelligence that was needed in operational analysis as repeat violent offenders are committing repeat violent offences. This was especially important because the SAPS Network Operational Reports have substantially declined and that meant that the stations and clusters were getting less information from the Crime Intelligence Division to deal with crime.

 

The ISS was concerned that the arrest rate was showing reductions and that the National Prosecution Authority (NPA) and the SAPS were not working together. As far as organised crime was concerned, the ISS noted that the Prevention of Organised Crime Act was barely used by the SAPS in its investigations. Public satisfaction with the police was dropping according the National Victims of Crime Survey. Civil claims against the police also increased to over R300 million and this was an indicator of that trust. Lastly the ISS was also noted that the details on the number of covert operations were excluded from the Annual Report.

 

            1.4.3     African Policing Civilian Oversight Forum (APCOF)

 

The APCOF noted that the number of service terminations showed a significant increase and that the Civil Claims data should be disaggregated to include information about the police stations, provinces and officers where the claims are originating from. Similarly, disciplinary matters and hearings data should also be disaggregated and integrated with performance information. The APCOF also noted that levels of training for the Public Order Policing (POP) is inadequate and that only 23 members attended training in crowd management.

 

The APCOF also proposed that the Committee should request briefings on the use of arms and the use of force as there are two new Standing Orders pertaining to this. Areas of under-performance included crimes against women and children and the fact that the SAPS have failed in its target of linking SAPS to school safety and this was critical especially in view of the National Development Plan targets. The Optimus Study provides important information on schools safety and crimes against women and children and the APCOF proposed that forensic social workers should be allocated to all police stations around the country. The role of the new SAPS research division was also questioned as was the SAPS compliance with the Auditor-General recommendations. The APCOF also alerted the Committee to South Africa’s international obligations in terms of UN instruments.

 

            1.4.4     South African Police Union (SAPU)

 

The SAPU raised its concerns about the vacancies in the SAPS with respect to senior management. It noted that the Deputy National Commissioner: Crime Detection and the Divisional Commissioner for Crime Intelligence posts were not filled. The union was unhappy that there was no consultation with the creation of the Counter Intelligence post in the office of the National Commissioner and that it at a rank of a Major-General. The SAPU noted that the newly-created Regional Commissioner’s posts were on salary level 15 and that was irregular. The rank of Lt.-General with these posts levels was of great concern to the SAPU and they were worried about the seniority status amongst the Lt. Generals.

 

The overriding concern from SAPU was that in view of the acting posts, individuals at particular ranks were appointed and then when the post were filled, another person would get the post making him/her a senior to the incumbent in the acting position. This process erodes discipline and SAPU suggested that a list must be provided of all the level 15 and 16 posts in the SAPS as the structure was top-heavy. The SAPU also noted that discipline was not maintained equally across the board with junior and senior managers and that remedial steps should be taken to change this. The crime statistics were in doubt and the detectives programme have failed according to SAPU and it also noted that the Directorate for Priority Crimes Investigation (DPCI) have lowered its focus as it did not show how many prosecutions it enacted. The SAPU called for the finalisation of the General Mdluli matter and the appointment of a Head of Crime Intelligence as the crime intelligence portfolio was left unattended.

 

 

            1.4.5     Social Justice Coalition (SJC)

 

The SJC noted that it filed an application against the Minister of Police to ensure the equitable distribution of human and material resources. It noted that the Nyanga Police station area had the highest murder rate in the country, but was the fourth least resourced station in the Western Cape Province. The Social Justice Coalition launched an application in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 against the Minister of Police and acting National Commissioner on the issue of the allocation of police resources. The Nyanga Community Police Forum have joined the court case in support of the SJC. The SJC it noted that the Family Violence, Child Abuse and Sexual Offences (FCS) unit was not operating from the station, but from the Mitchells Plain police station. The site clearance for the Weltevreden identified site for the second police station has not been effected and this was evidence of discriminatory allocation of policing resources. The SJC also noted that people were not reporting sexual crimes and wanted to know what the outcome of the arbitration in the Weymark tender was. 

 

In addition, the Committee was briefed by the Auditor-General of South Africa (AGSA) on the financial audit and key findings on the Department and its entities.

 

 

 

 

 

 

 

 

 

 

 

 

The Committee also gathered information from its oversight visits to police stations in the following areas:

 

Table 1: Oversight visits to police stations and border posts

Date of visit	Border Post (Joint Cluster Visit)	Province
14-18 September 2015	Durban Border Post    King Shaka International Airport Richards Bay Harbour Kosi Bay Border Post iSimangaliso Wetland Park Authority Golela Border Post	KwaZulu Natal Province
Date of Visit	Police station	Province
21-25 September 2015	Maseru Bridge Border Post Botshabelo Police Station Selosesha Public Order Police Unit VIP Protection Unit Park Road SAPS Stock Theft Unit Turflaagte Kopanong police station	Free State Province

 

Other information used in the assessment of the service delivery and financial performance included:

 

• Committee reports on the 2015/16 budget hearings, strategic plans and annual report;
• The National Development Plan;
• The 2015 Estimates of National Expenditure;
• The 2015 Budget Speech of the Minister of Finance;
• The 2016 State of the Nation address by President Zuma;
• The Rule 201 Report dated 11 November 2015;
• The Risk Factors for Policing Report dated 29 February 2016; and
• The Auditor-General Report on the SAPS.

 

1.5        Structure of the Report

 

This report comprises seven sections:

 

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

         Section 2: Provides an overview of the key relevant policy focus areas

      Section 3: Provides an overview and summary of previous key financial and                                     performance recommendations of Committee (2014/15)

         Section 4: Provides a broad overview and assessment of financial performance of the          Department for 2015/16

         Section 5: Overview of service delivery and performance 

         Section 6: Key Committee findings 

         Section 7: Summarises key recommendations

             

         2.         Overview of the key relevant policy focus areas

          

In his State of the Nation Address in February 2016, the President noted that the SAPS have embarked on a turnaround strategy and have adopted the Back to Basics approach to management to rebuild the organisation and to improve performance at all under-performing police stations. The emphasis on Back to Basics by the President belies the efforts made in the past five years to ensure that the police are equipped to deal with crime, violent crime in particular.  The President also highlighted the fact that police officers are being killed on duty and in 2015/16 financial year, 57 police officers were murdered. This was strongly condemned by the President who urged police to defend themselves against criminals when attacked within the confines of the law.

 

The President also emphasised that the objectives of the National Development Plan (NDP) was central to building a resilient economy. Central to cost cutting measures was the proposal from the Presidency that Parliament considers the maintenance of two capital cities.

 

Apart from focusing on the economy and growth incentives, the President also announced that the Gauteng province has started with Agri-parks and that construction has begun in Springbokpan in the North West, Witzenberg in the Western Cape, Ekangala in Mpumalanga and Ncora in the Eastern Cape Province. This will have an impact on rural policing in the longer term.

 

In his 2015 Medium Term Budget Policy Statement (MTBPS) the Minister of Finance noted that the South African economy will grow at about 1.5 per cent in the 2016 year, rising marginally to 1.7 per cent the following year. This was considerably lower than at the time of the February budget, when the National Treasury envisaged 2 per cent this year and 2.4 per cent in 2016. The Minister warned that the IMF also projected a decline in growth for the next year. The Minister noted that over the next three years, the South African Police Service would strengthen its public-order policing capabilities and address training gaps, including those identified by the Marikana Commission of Enquiry.

 

2.1        The Medium Term Strategic Framework: Government Outcomes

 

This Medium Term Strategic Framework (MTSF) is Government’s strategic plan for the

2014-2019 electoral term. It reflects the commitments made in the election manifesto of the governing party, including the commitment to implement the National Development Plan. As part of the MTSF, there are 14 Outcomes anticipated by government through a delivery agreement with the Executive Authority of each government Department.

 

Outcome 3 of the Delivery Agreement for safety states that “All people in South Africa are and feel safe”. In order to achieve the outcome, there are seven key outputs with defined indicators and targets that are required to ensure that Outcome 3 is attained.

The following are key outcomes have been identified by government in its MTSF for its 2014-2019 term:

• A reduction in the number of reported crimes;
• An increased proportion of citizens feel safe walking alone, during the day or night, as measured in official surveys;
• An increase in the proportion of households that are satisfied with police services in their area, and with the way court deal with the perpetrators of crime; and
• An improvement in South Africa’s ranking on the Transparency International Corruption Perception Index.

 

The following table provides a summary of the selective indicators and targets for Outcome 3:

Table 2: Summary of selective indicators and targets for Outcome 3

	Output/sub-output		2014/15 indicators and targets		2015/16 indicators and targets
	Output 1 Reduced overall levels of serious crime, including crimes against women and children.		By 2015 reduce serious crime by 2% from 1,826,967 crimes to at least 1 718 191 By 2015 reduce crimes against women from 171 591 crimes to at least 168 502. By 2015 reduce crimes against children from 45 953 crimes to 45 888.		Reduce by 2% to 1 790 428   Reduce by 2% to 168 159     Reduce by 2% to 45 034
Output 2 A more effective and efficient Criminal Justice System.		• To have finalised all internal disciplinary cases relating to corruption within an average of 3 months •          90% of cases finalised within 90 days in 2015		90% of disciplinary cases finalised in 90 days
Output 3 Effective Border security management.		Reacted to 100% crime related hits on 2746 wanted persons and 3874 circulated stolen/robbed vehicles		Maintain 100% reaction to hits on wanted persons and stolen/robbed vehicles
	Output 4 Secure Cyberspace		Investigation of Cybercrime New indicator		Detection rate 18% for cyber crime
	Output 5 Domestic Stability ensured		Network operations concluded 34 534 network Operations by 2015		759 network operations by 2016
	Output 6 Corruption in the private and public sector reduced		Value of amount in procurement fraud and corruption related cases R2 226 199 145.00		R376 million of assets restrained

 

 

2.2        SAPS organizational environment

The 2015/16 financial year was challenging for the SAPS. In August 2015 the SAPS was subjected to a Rule 201 investigation by the Portfolio Committee on Police as a result of their refusal to withdraw statements which bordered on them entering the political terrain. A number of recommendations were made with respect to civilian oversight over the police. The investigation was launched after the SAPS released a press statement purporting to support the National Commissioner in the face of the Marikana Commission findings.

After being instructed by the Portfolio Committee to withdraw the statement, they did not. The investigation considered the fact that the Board of Commissioners were not honest in their interactions with the Portfolio Committee on the matter.  As a result, the Committee initiated a Rule 201 investigation. The findings affected a number of provincial and divisional commissioners.

The National Commissioner of Police, General Phiyega was suspended in October 2015 and General Phahlane was appointed as the acting National Commissioner of Police on 14 October 2015. The acting National Commissioner proceeded to make structural changes to the leadership of the various programmes of the SAPS and appointed a further 41 senior managers as part of the Section 45 Regulations.

These positions were not advertised as the Regulation 45 allows the National Commissioner the latitude to make the changes without advertising. The changes at leadership level resulted in the establishment of a new Management Interventions Division headed by a Deputy National Commissioner.  Three new SAPS regions have been created with the appointment of three new Regional Commissioners.

The 2016 Budget hearings found that the SAPS reduced its targets in some environments and did not even attain some of the reduced targets. The Committee expressed its concerns about the fact that the SAPS Annual Performance Plan targets were not aligned with the MSTF targets. This was a great concern, especially since the NDP was government policy and the SAPS was part of the JCPs cluster and was expected to deliver its targets by 2018/19.

 

2.3        National Development Plan (NDP)

 

The SAPS in its contribution to the National Development Plan focused on four key pillars for the implementation of the National Development Plan (NDP).These pillars are listed in the Annual Report and Annual Performance Plan as follows:

 

1. Strengthening the Criminal Justice System;
2. Professionalisation of the Police;
3. Demilitarisation of the Police; and
4. Building safety using an integrated approach.

 

The implementation of the country’s Vision for 2030 (NDP) is captured in government’s planning, budgeting and performance reporting cycle, as reflected in the Medium-Term Strategic Framework (MTSF), which extends from 2014 to 2019. The MTSF includes the following key targets towards the realisation of a South Africa in which all people are and feel safe:

1)         A reduction in the number of reported contact crimes;

2)         An increase in the proportion of citizens feeling safe when walking alone during the         day or at night, as measured in official surveys

3)         An increase in the proportion of households that are satisfied with police services in        their area, and with the way courts deal with the perpetrators of crime;

4)         Improvement in citizens’ perceptions of levels of crime and progress in reducing crime,   as measured in official surveys; and

5)         An improvement in South Africa’s ranking on the Transparency International                     Perception Index.

The Portfolio Committee on Police has embarked on a vigorous monitoring process of the progress that the SAPS have shown in implementing the National Development Plan as spelt out in Chapter 12 of the NDP. The Committee has regular briefings on the progress to implement the recommendations of the Farlam Commission. The SAPS have also shown their commitment in making sure that the oversight recommendations of the Committee on the NDP are implemented.

 

2.4        Overview of SAPS Strategic Plan and Annual Performance Plan

 

The SAPS 2015/16 Annual Performance Plan and the Strategic Plan (2014-2019) gives effect to the Justice, Crime Prevention and Security (JCPS) cluster Outcome 3: “All people are and feel safe” by making sure that it implements two broad goals:

 

• Goal 1: Ensuring that all people in South Africa are and feel safe
• Goal 2: Ensuring adequate availability of and access to SAPS service points

 

The Department identified the following priorities in its 2014-2019 Strategic Plan:

 

• National Security Strategy;
• Service Delivery Improvement Programme;
• Rural Safety Strategy;
• Public Order Policing Strategy; and
• National Crime Prevention Strategy.    

 

2.5        Ministerial Priorities

 

All of the priorities of SAPS are critical to the operational success of the SAPS, and in particular, its ability to substantively contribute to the Delivery Agreement by making sure that people are and feel safe. In addition to these priorities, the Minister developed the following priorities in 2015/16:

 

• Strengthening the Criminal Justice System.
• Professionalisation of the Police.
• Demilitarisation of the Police.
• Building safety using an integrated approach.
• Modernisation of the Human Resource Management.
• Towards a single police service.
• Towards working with Statistics South Africa, working with official crime statistics.
• Institutionalising Frontline Service delivery.
• Community outreach programmes.

 

         3.         Summary of previous (2015) key financial and performance          recommendations of the Committee

 

3.1.       2015 BRRR Recommendations

The Committee made a total of 37 recommendations in its 2015 BRRR, to which the SAPS provided detailed responses to the recommendations and attempted to implement the recommendations. The recommendations made by the Committee focused on the review and inclusion of various strategies. The proposed focus of the Committee in terms of the 2016 BRRR process was on the evaluation of the implementation of the recommendations through an impact analysis process.

 

The table below provides the recommendations made by the Committee together with the actions taken by the SAPS and proposed recommendations:

 

Table 3: Summary of BRRR recommendations

No.	Recommendations	Actions and Future recommendations
1.	The Committee supports the establishment of an independent panel of experts on transformation in the SAPS and the Transformation Task Force led by the Deputy Minister in furtherance of the implementation of the Farlam Commission Recommendations. These task teams are expected to be active in a period between fifteen months and three years.	The Committee had a recent engagement with the Minister and Deputy Minister on Police regarding the status of the SAPS Transformation Project
2.	The Committee recommends that the SAPS continue with its plan to demilitarise the SAPS through training and professionalisation and determine the budget of such processes over the medium term and provide the Committee with a report.	The Committee received a briefing on 9 February 2016. The SAPS held a Research Colloquium on demilitarisation on 20-21 November 2014. A report on the colloquium was submitted as requested. During 2015, the Human Resource Development Division initiated a second research project (approved by the Acting National Commissioner) to clarify the concept of demilitarisation, which will be completed by March 2017.
3.	The Committee recommends that the SAPS proceeds with the professionalisation of the Service and that it provide the Committee with a report on the processes and timelines it will follow to achieve this Ministerial priority.
4.	The Committee recommends that the SAPS completes its planning for demilitarisation and provides the Committee with a project plan and timelines for its implementation.	The response from the SAPS has been that it requires the research for the project to be developed by the Civilian Secretariat. The project plan has not been submitted
5.	The Committee recommends that the SAPS provide the Committee with a revised strategy to ensure effective management control over stations and cluster stations by Provincial Commissioners with regards to performance information.	The SAPS has implemented the Cluster and Station Management Framework (CSMF), which focusses on performance at cluster and station level and also on adherence to organisational prescripts through a compliance inspection regime. An initiative is also underway to standardise the performance plans of Commanders who report to Cluster and Station Commanders for the 2016/17 financial year.
6.	The Committee recommends that the SAPS provide the Portfolio Committee with an Action Plan to ensure effective monitoring of pocket books and the implementation of monitoring the SAPS 13 stores.	The SAPS has provided the Action Plan to address challenges in terms of Property Management, but despite these efforts the AG made a repeat finding on the reliability of performance on the confiscation of the volume of illicit liquor and value of drugs. The SAPS provided regular updates on the implementation of interventions to improve pocket book entries. However, the indicator for response times for Alpha, Bravo and Charlie complaints was omitted from the 2015/16 APP and as such, performance was not reported in the 2015/16 Annual Report. Because of this, the impact that the interventions had cannot be measured.
7.	The Committee recommends that the SAPS provide a revised management action plan for the management and monitoring of pocket books at all stations.
8.	The Committee recommends that the SAPS Inspectorate prioritise the amendment and implementation of Standing Order 6 and the new Inspection Tool in order to ensure better compliance at station level to all the necessary prescripts, regulations and Standing Orders.	The Standing Order was reviewed and a draft forwarded to the Committee. The Committee should request the SAPS to indicate when the SO will be finalised and implemented. The SAPS should also highlight the key changes and reasons therefore.
9.	The Committee recommends that the SAPS provides a revised and updated accountability model for all stations, clusters and provinces throughout the country.
10.	The Committee recommends that the SAPS review and revise the role and functions of cluster commanders to strengthen service delivery and support to station managers.
11.	The Committee recommends that the SAPS develop clear action steps to reduce and limit the budgeted amounts for Contingent Liabilities.	The SAPS provided a comprehensive report on the strategies that have been put into action to reduce the contingent liabilities, and by extension the civil claims lodged against the Department. The organisational performance indicator has been cascaded down into the performance plans of all managers, including provincial and station commanders. Monthly civil claims and litigation reports are being produced. It was reported that a civil claims/litigation summit will be held in April 2016 to educate all managers on civil claims. Additionally, the SAPS reported that the major disadvantage with the current efforts to reduce incidents leading to civil claims is that the various activities are located in a few non-generating environments with no direct lines of accountability. The Loss Management Component and the Division: Legal and Policy Services are custodians of information and handling of civil claims. All other environments (the generators of incidents) are distant from the management of causal factors at present. The development of an organisational strategy to deal with rising incidents has commenced.
12.	The Committee recommends that the SAPS develop action steps to reduce and limit the budgeted amounts for civil claims against the police.
13.	The Committee recommends that the SAPS provide the Committee with a copy of the National Demographic Plan which will be integrated with the station profiles to review the fixed establishment before the end of the current financial year.	This plan was submitted to the Committee. The Committee should request the SAPS to highlight the key impact areas of the Plan in terms of resource allocation.
Administration Programme
14.	The Committee recommends that the SAPS must provide monthly written reports to the Committee on the action steps it will take to implement and monitor the recommendations of the Auditor-General.	The SAPS has submitted reports on the management of property (SAPS 13) and monitoring of pocket books. AG finding on property management remains.
15.	The Committee recommends that the SAPS national and provincial senior management should attend a workshop on the Constitution, with special reference to civilian oversight, rule of law, and the separation of powers by the end of the current financial year	The workshop was conducted on 07 July 2016 for Managers attached to National Components. In order to ensure that all senior management are work-shopped, a task team between the SAPS and the National School of Governance was established. A conference style workshop will be held over three days. To incorporate the 600 personnel in SMS, 50 personnel will attend at a time. As such, 12 three-day workshops will be conducted
16.	The Committee recommends that the Department provide the details of the demilitarisation process, budget and timelines through a report and briefing before the end of the financial year in March 2015.	Addressed in recommendation number 4
17.	The Committee recommends that the SAPS develops methods for community involvement in the recruitment processes of the new police recruits and reports on the efficacy of such approaches by keeping the Committee updated on the new roles that the communities would be playing.	The SAPS provided a response, but did not indicate what the efficiency of the reported approaches were.
18.	The SAPS must provide the Committee with a revised strategy to ensure effective management control overs stations and cluster stations by Provincial Commissioners with regards to performance information	Response provided as part of recommendation number 5.
Visible Policing Programme
19.	The Committee recommends that the SAPS reviews and investigates the principle of rotation for key staff at stations throughout the country. The SAPS is to develop such a policy and make it available before the end of the financial year.	A review and investigation process has been commenced.
20.	The Committee recommends that the Department implements the recommendations of the Auditor General with respect to leadership at station and cluster level when it comes to managing performance information on reaction times and reliability of information. Monthly reports must be provided to the Committee on this matter.	The SAPS provides monthly reports on the monitoring of pocket books.
21.	The Committee recommends that the Department takes disciplinary action to address poor performance of members who do not fill out their pocket books and report to the Committee on a quarterly basis.
22.	The Committee recommends that the Police Inspectorate completes the review of Standing Order 6 with a view of strengthening the new Inspection Tool and make it available to the Committee before the end of the financial year.	The Standing Order was reviewed and a draft forwarded to the Committee.
23.	The Committee recommends that an age analysis of civil claims against the Department is undertaken with a view of reducing such claims and the reports to the Committee within one month.	The SAPS responded in terms of recommendation number 12. The contingent liability figure has increased over past financial years.
24.	The Committee recommends that the Department speed up the progress of the negotiations at the Safety Security Sectoral Bargaining Council (SSSBC) to finalise the matter of post levels, ranks and remuneration of Captains and Lieutenant-Colonels.	On 21 October 2015, the Minister of Police approved intended changes to the rank and salary structure of the SAPS to no longer provide for the ranks of Lieutenant and Major, subject to negotiations at the SSSBC. A special SSSBC meeting was scheduled for 30 November 2015 in an attempt to conclude an agreement, where after a memorandum to Cabinet will be compiled and submitted to the Minister of Police for consideration. Once finalised, all lieutenants will be awarded the rank of captain and all majors will be awarded the rank of lieutenant colonel. The affected officers will not gain in salary.
25.	The Committee recommends that the SAPS provides it with a progress report of the implementation of the Rural Safety Plan together with the disaggregation of the urban/rural crime rates at the identified rural stations. Such information must be included in the Annual Report.	The SAPS submitted a response to the Committee on 11 August 2016. A comprehensive report on the implementation of the Rural Safety Strategy was provided together with a disaggregation of crime rates in rural areas/stations.
Detective Programme
26.	The Committee recommends that the SAPS provide a turnaround strategy for increasing the detection rate for serious crime in the country by the end of November 2015.	A turnaround strategy was submitted to the Acting National Commissioner on 6 November 2015 for approval. The strategy was submitted to the Committee and in part presented as part of the Management Intervention Strategy.
27.	The Committee recommends that the SAPS provide a turnaround strategy with action steps to increase the detection rate for crimes against women and children by the end of November 2015.
28.	The Committee recommends that the Department develops a turnaround strategy to increase the efficacy of the Stock Theft units and make the report available to the Committee within one month.	A Stock Theft Recovery Plan was implemented on 1 April 2016. A draft stock theft communication plan was drafted to create public awareness.
29.	The Committee recommends that the SAPS should provide the Committee with a full report of the monthly and yearly figures for closure of cases as undetected with a provincial breakdown for the last three financial years and report by the end of the financial year.	The report was submitted to the Committee
30.	The Committee recommends that the SAPS provide the Committee with a Retention Plan to keep existing detectives in the SAPS and speed up the recruitment of former detectives who want to return to the Department.	The SAPS is currently developing a career pathing strategy. A remuneration specialist was appointed to review the compensation strategy for the SAPS and based on the report that will be submitted, certain recommendations will be made.
31.	The Committee recommends that the SAPS conducts a need analysis of how many detectives it should have on its fixed establishment as per the ratio of detectives to police officers and provide a report to the Committee by the end of the financial year.	The needs analysis report was submitted to the Committee, but should be explained by the Department. It seems that the current difference between actual and fixed establishment shows that an additional 2 483 detectives are needed.
32.	The Committee recommends that the SAPS provide a progress report on the public communication strategy in high profile cases.	SAPS Communication is guided by SO 156, which has been updated and currently includes a social media policy. The SAPS stated that the challenges identified by the Committee will be resolved through the implementation of SO 156.
33.	The Committee recommends that DPCI should provide the Committee with a progress report on the appointment of all the provincial heads of the DPCI by the end of the financial year.	A report was submitted to the Committee
Crime Intelligence
34.	The Committee recommends that the SAPS provides it with a plan to increase its Crime Intelligence footprint in the provinces by end of November 2015.	The report was submitted to the Committee, which focussed on the filling of management and posts, as well as operational and support posts in provinces. The report also highlighted the provisioning of relevant training and development to members and the allocation of suitable office space. The allocation of vehicles and IT equipment was also addressed.
35.	The Committee recommends the SAPS provide it with a progress report on the appointment of the Head of the Operational Analysis Centre by end of November 2015.	The post of Head of Operational Intelligence Analyst Coordinator (OAIC) at Head Office was filled on 1 September 2015. The post of Section Head: OAIC at provincial level is being re-evaluated after the removal of functions of Crime Research and Statistics from Crime Intelligence. The evaluation will determine whether to advertise the post at level 13 or should remain at level 12. Currently, a total of seven (7) Provinces have the Section Commanders OIAC at level 12, one (1) Province with Section Head at level 13 and one (1) Province with a vacant post after the Commander retired.
VIP Protection and Security Services
36.	The Committee recommends that the SAPS provide the Committee with a status report on the accommodation of the Bloemfontein Protection and Security Services personnel of the VIP Protection Unit by the end of November 2015.	The SAPS provided a detailed report on the status of the accommodation but failed to keep the Committee appraised of developments through the year.
37.	The Committee recommends that the SAPS provide a comprehensive report on the working conditions of the VIP Protection Unit and their adherence to discipline when on protection duties of Ministers, Deputy Ministers, VIP’s and National Key-points.	Although the SAPS provided a response to this recommendation, it provided the regulatory framework of the VIP Protection Unit. The intention behind this recommendation was rather for the SAPS to report on the challenges associated with the working conditions and adherence to discipline in terms of overtime and driving over the speed limit.

 

 

3.1.2     Response by Department and Minister of Finance:

 

The Minister of Finance supported the recommendation by the Portfolio Committee on Police on the DPCI Budget being earmarked as specifically and exclusively appropriated in the 2016 Medium Term Expenditure Framework allocation letter to the SAPS. In terms of the response it requires that any proposed in-year adjustments to the budget must have the approval of Parliament.

 

The Minister and the Department of Finance did not support the Committee’s recommendation that the SAPS establish a new budget programme, Programme 6 for the DPCI in the 2016/17 financial year. The Minister responded by indicating that creation of a separate programme would not necessarily lead to the financial independence of the DPCI. Even as a separate programme and in terms of the Public Finance Management Act (PFMA), the National Commissioner will remain accountable for the DPCI as it will still form part of the budget of the SAPS.

 

The National Treasury has from 1 April 2016 earmarked the budget for the DPCI to be specifically and exclusively appropriated so that even though the National Commissioner remains accountable for the budget, no changes can be made in-year without the approval of Parliament. The fact that the budget is earmarked mean that the budget is reserved for the exclusive use of the DPCI.     

 

3.2.       Committee 2015/16 Budget Report

 

The Portfolio Committee made the following recommendations in terms of the 2015/16 Annual Performance Plan, Strategic Plan (2015-2019) and the 2015/16 Budget of the Department of Police:

 

3.2.1     Budget recommendations:

 

a)         The Committee recommends that the Department makes provision for the reduction in     the budget (R2.2 billion) over the outer years of the MTEF with respect to        Compensation of Employees and develop a plan to ensure the optimum staffing levels   in the Visible Policing Programme.

 

b)         The Committee recommends that the Department should focus the training budget for     the detectives’ on specific areas of training.

 

c)         The Committee recommends that the Department should commence discussions with      the National Treasury with a view to establish the DPCI programme as a separate Vote          to give effect to the Committee’s recommendation.

 

d)         The Committee recommends that the Department motivates for additional funding for      the DPCI for the 2017/18 FY to enable the Committee to make a decision on supporting         the motivation.

 

3.2.2     Performance recommendations:

 

a)         The Committee recommends that the Department implements all the objectives of           the NDP.

b)         The Committee recommends that the 2016/17 APP targets for serious violent crimes        and crimes against women and children be reconsidered by the Department with a   view to attaining the MTSF targets. The Committee is of the view that the SAPS          targets in the APP are too low.

c)         The Committee recommends that the Department reviews the APP targets in view of        the increased budget allocation and aligns it with the MTSF targets for increased         performance.

d)         Performance agreements should be finalised with all senior managers.

e)         The Committee recommends that the Department retains and roll out sector policing        as an approach to building proper community policing partnerships with the             communities it polices.

f)          The Committee recommends that the Department implements its 2015 Budget     recommendations so as to prevent a repeat recommendation by the Committee.

g)         The Committee recommends that the functions of the various new Management   Intervention unit, National Inspectorate and the Management Advisory Services be             clearly delineated and clarified so as to minimise overlapping of mandates and           function.

h)         The Committee recommends that the SAPS continue with the station lectures and            include as many layers of managers in addressing the stations, clusters and          provinces about the back to basics approach and professionalism in interfacing with members of the public. The Committee recommends the management pay particular        attention to discipline, morale, attitude and responsiveness to members of the public.

i)          The Committee recommends that the policing model for preventing, investigating and      combating crime must make accommodation for timeous and regular feedback to all             victims of crime with respect irrespective of their socio-economic status.

j)          The Committee recommends that the policing model should make provision for   equity of policing services in urban, rural and deep rural areas and geographic          divides. This includes clear provision of police resources to historically disadvantaged areas that does not discriminate against areas which have disproportionally high             crime rates or is economically disadvantaged. 

k)         The Committee recommends that the SAPS continues to implement Sector Policing        (as far as possible) in all police stations across the country and link it very clearly with      the Rural Safety Plan to encourage a greater degree of community and public   participation in policing.

l)          The Committee recommends that the Detectives Recovery Plan is given fresh     impetus by the management with a view of dealing with closed dockets, feedback to           complainants and solving crime.

m)        The Committee recommends that the SAPS places the seizure of Nyaope and similar      substances as an indicator in the fight against drugs.

n)         The Committee recommends that the SAPS must increase its school safety APP             targets and to align it with the MTSF. 

o)         The Committee recommends that the DPCI fills its outstanding 700 vacancies and           provide the Committee with a timeline for filling it.

p)         The Committee recommends that the Department continues to implement the      measures on pocket books and report on it on a quarterly basis.

q)         The Committee recommends that the Department provides it with quarterly progress        reports on the turnaround strategy for the 64 identified poor performing stations    where the Management Intervention Teams have made recommendations.

r)          The Committee recommends that the Department gives serious attention to the   implementation of a proactive gang strategy and a national implementation plan after            a thorough analysis of the gang threat and make such report available to the Committee within six months.

 

 

         4.         Overview and assessment of financial performance

 

4.1. Overview of Vote allocation and spending for 2016/17 FY

 

The SAPS received a main appropriation of R80.9 billion in 2016/17, which is a slight decrease in real terms of 0.33% or R250 million, compared to the previous financial year. The table below shows that all programmes received decreased allocations in real terms, except for the Detective Services and Protection and Security Services Programmes, which received a 1.01 per cent and 0.82 per cent real increase (respectively) in its budget allocation in 2016/17 compared to 2015/16.

 

An additional amount of R597.8 million has been allocated to the South African Police Service (SAPS) over the medium term to strengthen public order policing. However, the first of the two amounts (R242 million) will only be allocated in 2017/18 and no additional funds was made available to this function in the 2018/19 financial year.

 

 

 

Table 4: Main appropriation for Vote 23: Police over the MTEF

Programme	Budget				Nominal Rand change	Real Rand change	Nominal % change	Real % change	Average Growth rate
R million	2015/16	2016/17	2017/18	2018/19	2015/16-2016/17		2015/16-2016/17		2015/16-2018/19
Programme 1: Administration	16 609.3	17 559.8	18 674.7	19 814.6	950.5	-  136.7	5.72%	-0.82%	6.1%
Programme 2: Visible Policing	38 444.4	40 675.8	44 237.1	47 208.1	2 231.4	-  287.0	5.80%	-0.75%	7.1%
Programme 3: Detective Services	15 592.4	16 789.6	18 054.4	19 240.0	1 197.2	157.7	7.68%	1.01%	7.3%
Programme 4: Crime Intelligence	3 146.9	3 350.5	3 561.1	3 780.4	203.6	-  3.8	6.47%	-0.12%	6.3%
Programme 5: Protection and Security Services	2 427.7	2 609.1	2 724.8	2 991.2	181.4	19.9	7.47%	0.82	3.2%
TOTAL	76 220.7	80 984.8	87 252.1	93 034.3	4 764.1	-  250.0	6.25%	-0.33	100%
Economic Classification
Current Payments	72 403.2	77 007.5	82 001.4	87 335.2	4 604.3	-  163.5	6.36%	-0.23%	6.4%
Compensation of employees	58 277.1	62 070.4	66 196.8	70 655.4	3 793.3	-  49.7	6.51%	-0.09%	6.6%
Goods and services	14 126.1	14 937.1	15 804.6	16 679.8	811.0	-  113.8	5.74%	-0.81%	5.7%
Transfers and subsidies	952.4	961.0	1 020.4	1 081.6	8.6	-  50.9	0.90%	-5.34%	4.3%
Payments for Capital Assets	2 865.2	3 016.3	4 230.3	4 537.4	151.1	-  35.7	5.27%	-1.24%	16.6%
Buildings and other fixed structures	998.7	1 051.4	1 103.9	1 167.9	52.7	-  12.4	5.28%	-1.24%	5.4%
Machinery and equipment	1 856.5	1 959.2	3 120.3	3 363.2	102.7	-  18.6	5.53%	-1.00%	21.9%
Biological Assets	10.0	5.7	6.1	6.3	-  4.3	-  4.7	-43.00%	-46.53%	-14.1%
TOTAL	76 220.7	80 984.8	87 252.1	93 034.3	4 764.1	-  250.0	6.25%	-0.33	6.8%

Source: ENE 2016

 

The Visible Policing Programme received the bulk of the total Departmental budget at 50.23 per cent, followed by the Administration Programme at 21.68 per cent and the Detective Services Programme at 20.73 per cent. The Crime Intelligence and Protection and Security Services Programmes received 4.14 per cent and 3.22 per cent of the total SAPS budget.

 

The Detective Services and Protection and Security Services Programmes both received a real increase in 2016/17 compared to the previous financial year. The Detective Services Programme receives an R157.7 million real increase (1.01 per cent). This Programme also receives the largest proportional increase of all the SAPS budget programmes over the medium term (7.3 per cent). The Protection and Security Services Programme receives a real increase of almost R20 million (R19.9 million) in 2016/17 compared to 2015/16 (0.82 per cent real increase).

 

In terms of economic classification, Machinery and equipment grew with 21.9 per cent over the medium term, but reflects a slight decrease in 2016/17 compared to the previous financial year (1.0 per cent) in real terms. The budget allocation for biological assets showed a significant decrease in real terms in 2016/17, compared to the previous financial year (R4.7 million real decrease). Over the medium term, the allocation to this item decreased with 14.1 per cent.

 

In terms of the implementation of the CJS 7-point plan: R6 billion is allocated over the medium term for its ongoing implementation: R852 million in the Administration programme and R5.1 billion in the Detective Services programme.

• Various case, person and exhibit management systems was implemented over the medium term at a total cost of R1.1 billion.
• The remaining R4.9 billion for the implementation of the 7-point plan will be used for capacitating the detective and forensic services units with ICT and other infrastructure, such as mobile connectivity devices, CCTV capabilities for forensic science laboratories, and end user computer equipment for police stations.

 

4.2        REPORT OF THE AUDITOR-GENERAL (AG)

 

The Department of Police received an unqualified audit report for the 2015/16 financial year with material findings. The Auditor-General (AG) reported on the usefulness and reliability of the reported performance on Programmes 2: Visible Policing and Programme 3: Detectives.

The AG report shows that there has not been significant progress with respect to reliability of information obtained from these two programmes.

 

In addition, it has repeat findings which have been noted for the last three years which raises questions about the Department’s ability to effectively address the queries raised by the AG.

 

The AG report shows a stagnation in the performance of the SAPS with respect to the findings and recommendations on Programme 2 and Programme 3. The AG did not identify any material findings on the usefulness of the information in the programme.

       

 

4.2.1     Reliability of reported performance information: Visible Policing (VISPOL)

 

The Auditor-General made the following statements on the reliability of the performance information in the Visible Policing Programme (Programme 2):

 

• The Framework for Managing Programme Performance Information (FMPPI) requires auditees to have appropriate systems to collect, collate, verify and store performance information to ensure valid, accurate and complete reporting of actual achievements against planned objectives, indicators and targets. The following targets for programme 2 – Visible policing were not reliable when compared to the source information or evidence provided and/or adequate and reliable corroborating evidence could not be provided: 65% of the actual reported performance for the performance indicator “Quantity of illicit drug confiscated as a result of police”, was not reliable when compared to the source information and evidence provided. This was due to a lack of frequent review of the validity of reported achievements against source documentation.

 

• 45% of the actual reported performance for the performance indicator “The volume of liquor confiscated as a result of police action”, was not reliable when compared to the source information and evidence provided. This was due to a lack of frequent review of the validity of reported achievements against source documentation and 22% of the actual performance of the performance indicator “The volume of liquor confiscated as a result of police action”, was not recorded on the departments reporting system Operational Planning and Monitoring System (OPAM). This was due to lack of monitoring of the completeness of reported actual achievements.

 

• 35% of the actual reported performance for the performance indicator “Stolen/lost firearms recovered in relation to the number of firearms reported stolen/lost”, was not reliable when compared to the source information or evidence provided. This was due to lost and recovered firearms not circulated on the Enhanced Firearm Registration System (EFRS) as lost or recovered. This was due to lack of monitoring of the completeness of reported actual achievements.

 

• 48% of the actual reported performance for the performance indicator “Stolen/lost state-owned firearms recovered in relation to the number of firearms reported stolen/lost”, was not reliable when compared to the source information or evidence provided. This was due to the late circulation of lost and recovered firearms on the Enhanced Firearm Registration System (EFRS) which resulted in reporting losses of firearms in the wrong period. This was due to a lack of frequent review of the validity of reported achievements against source documentation.

 

• 37% of the actual performance for the performance indicator “Number schools linked to police station to advance the school safety programme” was not recorded on the Provincial quarterly reports which are used to consolidate the annual performance report. This was due to lack of monitoring of the completeness of reported actual achievements.

                 

 

4.2.2     Reliability of Performance Information - DETECTIVE SERVICES

 

The AG did not make any material findings on usefulness of performance information with respect to the Detective Services programme. The AG did however make material statements on the reliability of performance information in the Detectives Programme. These include the following:

 

The FMPPI requires auditees to have appropriate systems to collect, collate, verify and store performance information to ensure valid, accurate and complete reporting of actual achievements against planned objectives, indicators and targets. The following targets for Programme 3 – Detective Services were not reliable when compared to the source information or evidence provided and/or adequate and reliable corroborating evidence could not be provided:

 

• 71.13% of the actual performance reported for the performance indicator “Ballistics (IBIS) intelligence case-exhibits (entries) finalised within 28 working days”, was not reliable when compared to the source information or evidence provided. This was due to the inability to verify Forensic Science Laboratory (FSL) administration system dates captured. The current form that is used doesn’t have a space for the analysts to capture the dates of receipt, registrations and finalisation, as a result auditors are unable to verify the dates captured on FSL administration system.

 

• For 31% of the actual performance reported for the performance indicator “Detection rate for serious commercial crime-related charges”, we were unable to obtain sufficient appropriate audit evidence to satisfy ourselves as to the reliability of the reported performance. As a proper record keeping system was not in place in Limpopo DPCI, the department’s records did not permit the application of alternative audit procedures to confirm the validity of 1 531 charges reported performance information.

 

• For 30% of actual reported performance of the performance indicator “Percentage of trial-ready case dockets for serious commercial crime-related charges”, we were unable to obtain sufficient appropriate audit evidence to satisfy ourselves as to the reliability of the reported performance. As a proper record keeping system was not in place in Limpopo Directorate for Priority Crime Investigation (DPCI), the department’s records did not permit the application of alternative audit procedures to confirm the validity of reported performance information.

 

The AG was unable to obtain sufficient appropriate audit evidence to satisfy themselves as to the reliability of the reported performance information of:

 

• Value of amount involved in procurement fraud and corruption related cases.
• Number of serious commercial crime-related trial ready cases dockets where officials are involved including procurement fraud and corruption.

 

As a proper record keeping system was not in place, the Department’s records did not permit the application of alternative audit procedures to confirm the validity of reported performance information.

 

4.2.3     Other matters

 

The AG mentioned a number of other areas that the SAPS must consider changing such as the fact that the targets in the following areas were not well-defined:

 

• Number of schools linked to police stations to advance the safety programme.
• Percentage of medium to high risk incidents stabilised in relation to request received.
• Percentage of stolen/robbed vehicles in relation to the number of vehicles reported stolen/robbed.

 

In addition, the AG reported that the achievement of planned targets as reported in the 2015/16 SAPS Annual Report in specific instances should be subjected to the usefulness and reliability of the reported performance information as previously stated in.

 

 

4.2.4     Compliance with Legislation 

 

The AG performed procedures to obtain evidence that the department had complied with applicable legislation regarding financial matters, financial management and other related matters. Some of his key findings on material non-compliance with specific matters in key legislation, as set out in the general notice issued in terms of the PAA, are as follows:

 

1)         Strategic Planning and Performance Management

            With regards to material findings on Programme 2 and 3, the department did not             maintain effective and efficient internal controls regarding performance management,    which described and represented how the institution’s processes of performance         monitoring, review and reporting would be conducted, organised and managed, as             required in terms of section 38(1)(a)(i) of the PFMA.

 

2)         Annual Financial Statements

            The financial statements submitted for audit were not supported by full and proper          records as required by section 40(1) (a) & (b) of the PFMA. Material misstatements of    immovable tangible assets, operating lease commitments, and contingent liabilities            identified by the auditors in the submitted financial statements were subsequently             corrected and the supporting documents were provided subsequently.

 

3)         Procurement and Contract Management

            Persons in service of the Department of Police who had a private or business interest     in contracts awarded by the Department of Police failed in certain instances to disclose        such interest, as required by Treasury Regulation 16A8.4, Public Service Regulation          3C and Regulation 20(M) of the South African Police Service Discipline Regulations        (of 2006).

 

4)         Internal Control

            The AG considered internal control relevant to the audit of the financial statements,         annual performance report and compliance with legislation. The reported matters     are        limited to the significant internal control deficiencies that resulted in the   findings on       the annual of performance report and the findings on compliance with     legislation             included in this report.

 

5)         Leadership

            Ineffective monitoring of the implementation of action plans to address identified            internal control deficiencies.

 

6)         Financial and Performance Management

            Inadequate implementation of proper record keeping in a timely manner to ensure that     complete, relevant and accurate information is accessible and available to support         financial and performance reporting.

 

Other Investigations

 

7)         Claassen Board of Inquiry:

            The AG noted that President Jacob Zuma suspended the National Commissioner Riah     Phiyega in October 2015, based on recommendations by the Farlam Commission. The       AG reported that it was envisaged that the outcome of the Board of Inquiry was     imminent.

 

 

 

 

 

4.3        Internal Audit Committee

 

The Internal Audit Committee consists of five (5) external members. The SAPS reported that the Audit Committee complied with its responsibilities arising from Section 38(1)(a)(ii) of the PFMA and relevant Treasury Regulations. The Audit Committee met five times during the 2015/16 financial year and conducted a total of 35 reviews, amongst other things: Stakeholder engagement review (Governance Audit), Crime Intelligence: Support Services, Corporate Communication: Support Services, Gangsterism Strategy Consulting Review, Rural Safety Strategy review and, the Firearm Permit System IT review for 2015/16. The Internal Audit Committee raised the following areas of concern:

 

• The slow implementation of internal audit recommendations or agreed upon corrective actions which increases the number of repeat findings.

 

• Delays in consequence management in respect of members of the department who intentionally or unintentionally disregard the approved policies and procedures.

 

4.3.1     Risk management

 

The Department has a separate Enterprise Risk Management Committee (ERMC) chaired by an independent chairperson who is an ex officio of the Audit Committee. The ERMC has met several times in the year. The ERM process is still at its infancy in terms of maturity levels; however the department has managed to produce a strategic risk register and there is continuous monitoring of mitigating actions.

A request for information has been issued to invite all interested providers of ERM tools to tender for processes that would replace the manual process that is currently in place.

 

The Department has established a comprehensive profile of strategic and operational risks in order to guide the critical internal audit function and also to direct risk mitigation activities at all levels. The Department reported that it has achieved mixed results in terms of its ability to mitigate the strategic risks estimated to have had a negative impact on the performance of the entire organisation. The following should be noted:

 

• In terms of the number of murders of police officers, the incident rate was reduced during 2015/16, however, the mitigation of this risk is complicated by the percentage of members who are murdered off duty, which is largely beyond the control of the organisation.
• The reduction in the number of criminal charges against members for all crime, as well as for corruption and fraud, did not change significantly in 2015/2016.
• Absenteeism, focusing on sick leave and temporary incapacity leave, was within set tolerance levels.
• There was a decrease in the rate of vehicle collisions and damages, despite the perilous nature of policing, the impact of community protests and the large size of the SAPS vehicle fleet.
• There are a number of risks that the Department consistently fails to reduce, including civil claims due to unlawful/negligent conduct and vehicle collisions; incidents of escape from police custody and attacks against members, the majority of which occur on duty and are work-related incidents.

 

4.4        Civil Claims

 

The monetary amount of civil claims lodged against the Departments increased from R26.98 billion in 2014/15 to R35.2 billion in 2015/16. It is important to note that these amounts represent the closing balances at the end of the respective financial years. It is concerning that the liabilities against the Department in terms of civil claims represent about half of the Final appropriation of the Department (48%) in 2015/16.

 

The civil claims lodged against the SAPS amounted to R14.672 billion in 2015/16, of which R290.9 million was paid and R7.398 billion was cancelled/reduced.

Considering the actual number of cases brought in 2015/16, the Department had a total of 16 498 new incidents of civil claims against the SAPS, which represents a 67% increase. This is a significant increase of 40% when compared to the 9 887 new incidents leading to civil claims in the previous financial year (2014/15).

 

In order to reduce the number of civil claims the Department included a performance indicator in its APP to measure the percentage reduction in new incidents leading to civil claims lodged against the Department. The Department aimed to reduce the number of incidents by 3.4% in 2015/16. However, the number of civil claims increased by 67.03% in 2015/16 compared to the previous financial year, which was less pronounced at an increase of 21% when compared to the 2013/14 financial year. It is concerning that the number of civil claims lodged against the Department doubled over the past two financial year from 8 161 claims in 2013/14 to 16 498 claims in 2015/16 (102%).

 

The increase in new incidents leading to civil claims lodged against the SAPS is attributed to unlawful arrests and detention, collisions, assaults and shooting incidents. The target was also not achieved in the previous financial year.

 

 

4.5        Irregular Expenditure

 

The Department had an opening balance of R286.782 million for irregular expenditure at the start of the 2015/16 financial year (brought over from previous financial years), of which almost the entire amount was condoned (R286.595), less R187 thousand. An amount of R15 thousand was also identified from previous financial years. The sum of the R187 thousand awaiting condonation and the R15 thousand gives the Department a closing balance of R202 thousand at the end of the 2015/16 financial year.

 

In terms of the 2015/16 financial year, the Department incurred a total of R336 thousand, of which the entire amount was condoned. It is clear that the strategies that were put in place by the Accounting Officer are yielding results, as the Department did not incur any irregular expenditure in 2015/16, because it was condoned.

 

 

4.6        Unauthorised Expenditure

 

Unauthorised expenditure is recognised in the statement of financial position until such time the expenditure is approved by Parliament through SCOPA. The Department did not report on unauthorised expenditure in the 2015/16 Annual Report.

4.7        Fruitless and Wasteful Expenditure

 

The amount stated for fruitless and wasteful expenditure in the financial statements of the Department shows a significant decrease of 51% in 2015/16 compared to the previous financial year. In 2014/15, the Department incurred fruitless and wasteful expenditure to the amount of R145 thousand, against an amount of R71 thousand in 2015/16. The fruitless and wasteful expenditure was incurred on 68 cases, of which the majority was in relation to license fees (43 cases to the amount of R28 thousand).

 

4.8        Voted Funds and expenditure 2015/16 FY

 

For the 2015/16 financial year, the SAPS had an approved adjusted budget of R76.4 billion, of which 99.99 per cent had been spent at the end of the fourth quarter of 2015/16, which is a slight underspending of R47 000. This underspending was incurred under the Visible Policing programme within compensation of employees.

 

The SAPS Budget against its actual expenditure for the period under review is captured in the table below:

 

Table 5: Departmental Allocation and Expenditure for 2015/16

Programmes	Adjusted Appropriation	Virement	Final Appropriation	Actual Expenditure	Variance	Expenditure as % of final appropriation
R’000	R’000	R’000	R’000	R’000	R’000	%
Administration	16,609,332	326,957	16,936,289	16,936,289	0	100%
Visible Policing	38,444,422	(123,270)	38,321,152	38,321,152	47	100%
Detective Services	16,092,427	(145,157)	15,947,270	15,947,270	0	100%
Crime Intelligence	3,146,936	(44,897)	3,102,039	3,102,039	0	100%
Protection and Security Services	2,427,731	(13,633)	2,414,098	2,414,098	0	100%
Total	76,720,848	0	76,720,848	76,720,848	47	100%

Source: SAPS 2015/16 Annual Report

 

Despite the virement of R798.7 million which was effected away from compensation of employees after the adjustments budget, there was still underspending of R47 000 recorded on this item.

 

Based on a spending trend analysis monitoring the spending outcomes recorded by the Department between 2012/13 and 2015/16, it is notable that the rate of spending tends to accelerate in the fourth quarter of every financial year. Considering the 2015/16 FY, average monthly spending during the period April 2015 to February 2016 was R6.2 billion.

 

However, for the month of March 2016, spending incurred amounted to R8.1 billion or 10.5 per cent of the Department’s appropriated budget for 2015/16, which significantly reduced the Department’s underspending to a minimal R47 000.

 

4.9        Departmental Revenue

 

Departmental revenue collection destined for the National Revenue Fund, is mostly derived from services rendered to the public such as firearm applications, photocopies of accident reports and statements, disposal of Departmental assets at auctions, forfeits as a result of criminal activities and the recovery of debt raised.

 

The total Departmental revenue of R479 192 million collected in 2015/16 FY increased slightly when compared to the collection of R389 406 million in the 2014/15 FY. Of note is the increase in revenue collected from Sales of goods and services, which increased from R212 166 million in 2014/15 to R237 620 million in 2015/16 FY. Also of note is the increase in  Transactions in Financial Assets and Liabilities increased from R141 560 million in the 2014/15 FY to R 165 510 million in 2015/16 FY. Fines, penalties and forfeits, decreased from R18 929 million in 2014/15 to R11 184 million in 2015/16 FY. Finally of note is the significant increase in the revenue collected from Sales of Capital Assets, which increased from R15 451 million in 2014/15 FY to R62 650 million in 2015/16 FY.

 

4.10      Donor funds/Aid assistance

 

The SAPS received no donor funds during the 2015/16 FY.

 

4.11      Contingent Liabilities

 

In 2015/16 FY, the SAPS had a contingent liability closing balance of R35, 274 billion up from a closing balance of R26, 958 billion at the end of 2014/15. The largest proportion of the contingent liability was set aside for Claims against the Department from private parties. This figure increased from R26, 918 billion in 2014/15 to R35, 243 billion in 2015/16, which constitutes nearly the entire contingent liability account for the 2015/16 financial year. Funds set aside as contingent liabilities from Housing loan guarantees decreased from R2, 061 million in 2014/15 to R1, 363 million in 2015/16.

 

In terms of actual Claims against the Department, the SAPS incurred liabilities worth R7, 398 billion during the 2015/16 FY which was down from the 2014/15 FY which stood at R9, 534 billion. An amount of R290, 979 million was paid out. This is an increase of 11.9% compared to the R256, 188 million paid out in the previous FY. The original claim amount of the liabilities was reduced or cancelled to R 7,398 billion at the end of the 2015/16 FY. The largest proportion of claims paid out by the SAPS during 2015/16 was for Arrests/Detention (R174, 976 million) followed by Shooting incidents (R66, 858 million) and Vehicle accidents (R16, 358 million).

 

 

The adjusted budget summary in terms of economic classification is shown in Table 6 below:

Table 6: 2015/16 Adjusted budget summary in terms of economic classification

	Main Appropriation		Adjusted Appropriation	Decrease	Increase
Amount to be appropriated Of which:	76 377.1	76 720.8		-	343.7
Current payments	72 604.4	72 903.2		-	298.8
Transfers and subsidies	911.9	952.4		-	40.5
Payments for capital assets	2 860.8	2 865.3		-	4.5

Source: Treasury (2016)

Forward Looking Projections

 

4.12      Expenditure - Looking forward (1st quarter of the 2016/17 FY)

 

The following key concerns on expenditure at the end of June 2015 should be noted:

• Funded posts: There seems to be a discrepancy in the number of funded positions, as the Department does not capture information on funded posts in the monthly IYM reports submitted to the National Treasury.
• Vacancies: The majority of vacant posts, as reported on Vulindlela, are in the Department’s core service delivery programmes, that is Visible Policing (2 938) and Detective Services (2 064). Greater effort should be made to ensure that the filling of vacant posts in these programmes is prioritised as these positions are critical for effective service delivery (and achieving related outcomes) by the Department.
• Earmarked funds: The recorded expenditure on earmarked funds should be a key focus of the Committee, as there seems to be significant challenges with spending on devolved funds, the implementation of the CJS 7 point plan and construction of police stations. The funds for these three projects are specifically and exclusively appropriated for in the Appropriations Act, 2015. Deviation from these, should be seen in an important light.
• Deviations: The Department should provide reasons for the deviations between planned and actual expenditure. The Department must further ensure that corrective action is taken, where necessary, and that appropriated funds for the 2015/16 financial year are spent effectively, efficiently and economically.

 

Table 7: Proportional allocation for Vote 25: Police

R’ million	2016/17				2017/18	2018/19
	Total	Current                      Payments	Transfers and subsidies	Payments for capital assets	Total	Total
MTEF
Administration	17 559.8	15 583.6	643.3	1 332.9	18 674.7	19 814.6
Visible Policing	40 675.8	39 587.5	213.6	874.6	44 237.1	47 208.1
Detective Services	16 789.6	16 035.3	86.9	667.5	18 054.4	19 240.0
Crime Intelligence	3 350.5	3 298.4	12.0	40.1	3 561.1	3 780.4
Protection and Security Services	2 609.1	2 502.9	5.1	101.2	2 724.8	2 911.2
Total expenditure estimates	80 984.9	77 007.6	961.0	3 016.3	87 252.2	92 954.3

Source: 2016 ENE

4.13 Specifically appropriated (ring-fenced)/reprioritised amounts for 2016/17 FY:

 

The Appropriation Bill [B3-2016] reflects the amounts that have been specifically and exclusively appropriated towards:

 

•           Infrastructure (Building and upgrading of police stations)

-           Programme 1: Administration –

            R740.1 million specifically appropriated to building and upgrading of infrastructure          (Police Stations).

•           Civilian Secretariat for Police: R110.59 million. 

•           Programme 3: Detectives

-           Directorate for Priority Crime Investigations:                                                         

            Special Investigations: R1 431 million

 

Current payments decreased with R157.9 million from a main appropriation of R68.9 billion to an adjusted appropriation of R68.7 billion. This amount was shifted to the Transfers and subsidies account, which increased from R737 million to R852 million (increase of R114.8 million) and to the Payments for capital assets account, which increased from a main appropriation of R2.84  billion to R2.88 billion (increase of R43 million) during the adjustments period.

 

 

5.         OVERVIEW AND ASSESSMENT OF SERVICE DELIVERY PERFORMANCE

 

5.1        Programme Performance

 

Programme 1: Administration

 

The Administration Programme has as its measurable objective, the regulation of the overall management of the Department and provides centralised support services.

 

The table below indicates the budget allocation and expenditure for Programme 1 in 2015/16:

 

Table 8: Administration programme

 

Adjusted Estimates R’000	Virement R’000	Final Appropriation R’000	Actual Expenditure R’000	% Spent
16 609 332	326 957	16 936 289	16 936 289	100 %

Source: SAPS 2015/16 Annual Report

 

Programme 1: The Administration Programme had spent 100 per cent of its adjusted allocation of R16.6 billion at the end of the 2015/16 FY. The SAPS effected a virement of R327 million from various other Departmental programmes to defray excess expenditure under the Corporate Services subprogramme. A net virement of R266.2 million towards Corporate Services subprogramme occurred at the end of the 2014/15 FY as well, thus becoming a trend. In terms of economic classification, the bulk of the reprioritised funds were for Computer services (R263.3 million) and other fixed structures (R191.6 million). In total, the budget allocation increased by R672 million from the main to the final appropriation. The programme had 774 vacant positions at the end of the 2015/16 FY.

 

The performance of the Administration Programme increased from 69% in 2014/15 to 83.8% achievement of its targets in 2015/16. It has a total of 37 performance indicators with corresponding targets, of which 31 targets were achieved and six (6) targets were not achieved during 2015/16.

 

The following table highlights performance of selected targets for 2015/16:

 

  Table 9: Administration Programme Performance

Performance Indicator	Planned Target 2015/16	Actual 2015/16	Comment
Percentage of personnel in terms of the approved  establishment	Maintain 98% in terms of the approved establishment (198 042)	98,33% in terms of the approved target of 198 042 for 2015/2016 (the establishment of the SAPS was 194 730 on 31 March 2016).	TARGET ACHIEVED The re-enlistment of 529 members contributed to the establishment.
Percentage of employees reached during proactive Employee Health and Wellness (EHW) programmes.	95%	73,43% (142 985 from a total of 194 730 employees were reached during proactive EHW (programmes).	TARGET NOT ACHIEVED The EHW environment was not functioning optimally, which necessitated the development and implementation of a turnaround strategy, the impacting of which will materialise during 2016/2017.
Number of police stations Demographically analyzed to inform resource allocation processes	379 police stations	379 police stations	TARGET ACHIEVED
Percentage of SAPS firearms dot peen marked	100%	100% (258 066 from a total of 258 06610) of official SAPS firearms were dot peen marked.	TARGET  ACHIEVED
Percentage of the total devolved facilities projects budget spent by the end of the financial year	100%	71% (R68 466 014 of R96 944 068)	TARGET NOT ACHIEVED Contractors were not meeting their obligations
Percentage of planned police facility projects completed as per the SAPS Infrastructure Development Plan (Capital works, leases and maintenance)	80%	83,99% (514 from a total of 612) • Capital works (150 from a total of 221) • Planned maintenance (364 from a total of 391).	TARGET ACHIEVED
Percentage reduction in new incidents leading to civil claims lodged against the SAPS	Reduced by 3,4%	Increased by 67,03% (16 498 new incidents leading to civil claims were lodged against the SAPS compared to 9 877 during the same period	TARGET NOT ACHIEVED The increase in new incidents leading to civil claims lodged against the SAPS, is attributed to unlawful arrests and detentions, collisions, assaults and shooting incidents.

Source: SAPS 2015/16 Annual Report

 

 

Some of the major areas of under-performance and targets not achieved which was highlighted in the Administration programme during the period under review:

 

Areas of under-performance:

The SAPS under-performed in the attainment of certain targets in the Administration Programme in the 2015/16 FY. These include:

• The Department aimed to finalise 95% of service terminations within 60 working days, but only realised 53.18%, which is a negative deviation of 41.82%.
• The Department failed to achieve its target to reach 95% of employees during proactive Employee Health and Wellness (EHW) programmes. A total of 73.4% of employees were reached during the 2015/16 financial year, which is an underachievement of 21.57%. It is stated that the EHW environment was not functioning optimally, which necessitated the development and implementation of a turnaround strategy.
• The Department/Management Intervention approach also did not impact on the reduction of civil claims lodged against the Department. The Department aimed to reduce the number of incidents by 3.4%, but realised an increase of 67.03% in incidents 

 

The following targets were not achieved:

 

• The Department aimed to fill 100% of vacant posts within three (3) months of becoming vacant, however only 61 from a total of 2 113 funded posts were filled within the specified time. This represents an achievement of 2.89%, which is a deviation of 97.11% from the identified target. The DPSA prescribes a period of six (6) months for the filling of vacancies, as such the target set by the Department might have been overambitious. That being said, the Department only filled 54.03% of vacancies within six (6) months, which is in itself an underperformance.
• The Department did not achieve its target of distributing 100% of bursaries for policing and scarce skills-related qualifications. A total of 95.3% of bursaries were distributed (790 bursaries of which 753 bursaries were paid).
• The Department aimed to spend 98% of its allocated budget on approved IS/ICT projects, but only managed to spend 91.25% due to the delay in approval of Contract 1 221.

 

5.1.1     Criminal Justice System /Integrated Justice System Revamp

 

Funds were shifted in the last quarter of 2015/16 towards computer services under the Administration programme. The higher than planned spending on computer services was not for the implementation of projects related to the Criminal Justice System (CJS) 7 Point Plan. Only R7.1 million of the total shifted amount of R345.3 million was shifted towards projects relating to the CJS 7 Point Plan. This implies that the excess expenditure incurred on computer services was for Departmental computer services and not for the CJS 7 Point Plan. Further, 20 per cent of the computer services’ budget (R628.9 million of R3.1 billion) was spent in the month of March 2016 which is indicative of a March spike. The SAPS did not provide details on achievements in this environment for 2015/16.

 

5.1.2     Police Facility/Capital Works

 

The Department had spent R1.2 billion or 100% of the total earmarked budget allocation for building and upgrading of police stations as at the end of the 2015/16 financial year. In order to curb spending pressures under this item, the Department effected a virement of R488 million towards projects relating to the building and upgrading of police stations. Despite the fact that the Department spent its allocated budget on buildings and fixed structures in 2015/16, the actual achievements of this environment is significantly low, as illustrated by the table below.

 

Table 10: Police Facilities/Capital Works

Phase/Project	Target	Actual Completion	% Completion
Site clearance	13	6	46.1%
Planning and design	19	2	10.5%
Construction	6	0	0%
Repairs and upgrades	8	5	62.5%
Accessibility for persons with disabilities	14	10	71.4%
Victim friendly facilities	23	16	69.5%
Mobile Units	33	33	100%
Upgrading of services	28	18	64.2%
Generators: Devolved	14	14	100%
Generators: High Sites	6	0	0%
Air conditioners	47	45	95.7%
Acquisition of leased police stations	7	1	14.2%
Purchase of land	3	0	0%
Total	221	150	67.87%

 

In total, the Department achieved 67.8% of its target for police facility projects at the end of 2015/16. None of the six (6) construction projects were completed – thus no new police stations were built during 2015/16. Similarly, no generators for high sites and land were purchased.

 

5.1.3     Human Resource Management

 

The Department had an overall vacancy rate of 1.7% as at the end of the 2015/16 financial year. The vacancies were most pronounced in the two core service delivery programmes of the Department, namely Visible Policing and Detective Services, which had a 2.6% and 2.7% vacancy rate at year-end, respectively.

 

In terms of employment and vacancies by critical occupation, the Department had a significantly low overall vacancy rate of 0.01%. Within the critical occupation: Psychologists and vocational counsellors, the Department had 10 vacancies at the end of the 2015/16 financial year.

 

In terms of vacancies in the Senior Management Structure (SMS), the Department had a vacancy rate of 2.7% with a total of nine (9) vacancies in the salary level band 13 and two (2) vacancies in the salary band 14.

 

The Department had a staff establishment of 191 941 personnel at the start of the 2015/16 financial year. During the period under review, a total of 7 377 personnel were recruited and 4 588 personnel terminated their services, which represents a turnover rate of 2.4%. The personnel losses were mainly attributed to resignations (2 450), followed by retirement (1 190) and deaths (592).

 

No section 35 terminations were awarded during the 2015/16 financial year.

 

Regulation 45 Appointments: During 2015/16, a total of 41 members were appointed/promoted in accordance with Regulation 45 of the South African Police Service Employment Regulations, 2008, which is a significant increase when compared to the ten (10) Regulation 45 appointments made in the previous financial year. Regulation 45(8), (9) and (10) inter alia provides for the National Commissioner to promote an employee into a post without advertising the post and without following the prescribed selection process. Out of the 41 members, one (1) appointment was to the Rank of Lieutenant General and seven (7) to the rank of Major General. The promotions included the following:

 

• Provincial Commissioner: Northern Cape (Lieutenant General);
• Budget Management, Legal Services Head Office, Personnel Management, two Crime Intelligence, two Cluster Commanders (Seven Major Generals);
• Facility Management (Brigadier);
• Eight Close Protectors (two Lieutenants, two Warrant Officers, and four Sergeants);
• Thirteen for their involvement in a high-profile case (two Lieutenant Colonels, three Captains, and eight Sergeants);
• Two obtained PhD qualifications (two Lieutenant Colonels), One Station Commissioner: Kabokweni (Colonel);
• Two Settlement Agreements (one Major and one Captain);
• One Air Hostess (Sergeant);
• One staff Officer: Deputy PC: North West (Captain);
• Two DPCI Members (two Colonels);
• One Drill Commander/Instructor (Lieutenant Colonel); and
• One member from Mangaung (Sergeant).
• In terms of performance agreements by SMS employees, a total of 693 performance agreements have been concluded out of a total of 730 SMS members. Of the 730 senior managers, seven (7) senior managers (5 at Band A and 2 at Band B) who were in a position to conclude performance agreements by 2015/07/31 did not comply. The Department reported that the remaining 30 senior managers could not reasonably be expected to conclude performance agreements by this date. The reasonable exclusions are, for example, due to lengthy illness, suspension, deployment or visits to other countries, review of purpose and functions of posts, etc.
• No performance rewards were awarded during the 2015/16 financial year.

 

In terms of misconduct and disciplinary hearings, the Department conducted a total of 4 431 disciplinary hearings during the 2015/16 financial year. Of the total, the majority of the outcome of cases were not guilty (31.1%), followed by a fine (14.2%) and case withdrawn (14%). The outcomes of disciplinary hearings should be concerning, as 40.5% of the 4 431 disciplinary hearings involved the alleged commitment of a common statutory offence, followed by the failure to carry out a lawful order or instruction without just or reasonable cause (15.1%).

 

A total of 753 members were suspended during the 2015/16 financial year, of which 235 suspensions exceeded 30 days. The average number of days suspended amounted to 78 days to the cost of R14.9 million.

 

 

5.2        Programme 2: Visible Policing

 

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

 

The table below indicates the budget allocated for Programme 2 in 2015/16 FY:

 

Table 11: Visible Policing

Adjusted Estimates R’000	Virement R’000	Final Appropriation R’000	Actual Expenditure R’000	% Spent
38,444,422	(123,270)	38,321,152	38,321,105	100%

                                                                                                                       Source: SAPS 2015/16 Annual Report

 

Programme 2: The Visible Policing Programme had spent 99.9 per cent of its R38.4 billion adjusted allocation at the end of the 2015/16 FY. The Programme underspent by R47 000.00 at the end of the 2015/16 FY, which was recorded under compensation of employees. Notwithstanding this positive spending outcome, spending on this item was behind schedule by R684 million at the end of the third quarter.

 

The Crime Prevention sub-programme was behind expenditure during the FY. At the end of the third quarter of 2015/16, the Crime Prevention sub-programme was behind spending by R1 billion. R446.5 million was shifted away from the sub-programme during the adjustments period as reflected in the AENE. And a further R252.6 million was shifted away from the Crime Prevention sub-programme during the fourth quarter (post-AENE) to defray excess expenditure in other programmes, mainly under the Administration Programme. The Programme had the highest number of vacant positions (1 520 personnel or 44%) at the end of the 2015/16 FY.

 

Table 12: Visible Policing Performance 2015/16

Performance Indicator	Target 2015/16	Actual 2015/16	Comment
Number of serious crimes.	Reduced to 1 790 428 crimes	1 788 139	TARGET ACHIEVED
Number of reported crimes against women	Reduce to 168 159	173 461	TARGET NOT ACHIEVED
Number of reported crimes against children	Reduce to 45 034	40 689.	TARGET ACHIEVED
Percentage of stolen/ lost firearms recovered in relation to the number of firearms reported stolen/ lost	Recover  minimum of 85%	The recovery rate was 116.13%. 8 465 stolen/lost firearms were recovered in relation to 7 289 firearms that were circulated as stolen or lost.)	TARGET ACHIEVED
Number of stolen/robbed Vehicles recovered in relation to the number of vehicles reported stolen/robbed	Recover a minimum of 50%	The recovery rate was 45,74%. 66 483 vehicles were circulated as stolen/robbed in 2015/2016. 30 412 vehicles were recovered by the SAPS in 2015/2016. Of these, the SAPS were able to positively link 23 851 vehicles to their lawful owners. 6 561 unidentified vehicles, that are in the process of being identified, were also recovered.	TARGET NOT ACHIEVED Inadequate control measures at ports of entry resulted in vehicles leaving the country without being detected. • The repatriation of vehicles from other countries is complicated by inadequate international cooperation and coordination and different legislative prescripts.
Quantity of illicit drugs confiscated as a result of police actions	Increase by 3% to: • 283 817,272 kg of Cannabis, • 266 883 Mandrax (tablets)16, • 113,150 kg of Cocaine, • 267,552 kg of Crystal Meth (Tik-Tik) • 3,077 kg of Heroin	Cannabis = 362 099,840 kg (349 331,540 kg and 127 683 Cannabis plants (which if converted, equals 12 768,300 kg) • 845 852 Mandrax tablets • Cocaine: 307,467 kg • Crystal Meth (Tik-Tik): 718,305 kg • Heroin: 344,756 kg	TARGET ACHIEVED
Percentage of police stations where sector policing has been implemented according to minimum criteria	95%	95,17% (1 085 from a total of 1 140 police stations) implemented sector policing according to the minimum implementation criteria.	TARGET ACHIEVED
Number of rural and rural/ urban mixed police stations implementing the minimum criteria of the four pillars of the Rural Safety Strategy	637	The set criteria of the four pillars of the Rural Safety Strategy have been implemented at 776 of the 87924 police stations classified as either rural or rural/urban mixed police stations.	TARGET ACHIEVED
Percentage applications for firearm licenses, permits, authorisation, competency certificates and renewals finalised.	90% of applications finalised	78,97% (318 670 from a total of 403 524) applications were finalised.	TARGET NOT ACHIEVED
Number of schools linked to police stations to advance the school safety programme	New performance indicator in 2015/2016 5 000 schools linked	1 053 schools linked	TARGET NOT ACHIEVED The School Safety Protocol between the Department of Basic Education and the Department of Police was implemented in April 2011; however, there was not a clear understanding of the implementation requirements, which resulted in an unrealistic target being set
Percentage of crime-related hits reacted to as a result of Movement Control System and the Enhanced Movement Control System screening on wanted persons/circulated stolen or robbed vehicles.	Maintain 100% reaction to hits (persons)	Reacted to 100% crime - related hits as a result of MCS screening on 2 717 wanted persons	TARGET ACHIEVED

                                                                                                Source: SAPS 2015/16 Annual Report

 

A total of four (4) areas of persistent underperformance in Programme 2: Visible Policing were identified during the in-depth review of performance. Of these, one (1) area of underperformance was addressed, but the others persisted in 2015/16. These areas include:

 

• The SAPS achieved its target to reduce the number of reported serious crimes, but not that of crimes against women.
• The recovery of stolen/lost firearms and of stolen/robbed vehicles. Although the target for lost/stolen firearms was achieved, the AG questioned the reliability of the performance as supporting documentation could not be provided. The target for the percentage of stolen/lost vehicles recovered in relation to the number of vehicles stolen/lost achieved was not achieved. Also, the AG stated that the performance indicator is not well defined in the technical indicator description of the APP.
• The target for the performance indicator for the volume of liquor confiscated as a result of police actions was not achieved. The AG also made a material finding on the reliability of the performance as supporting documentation could not be provided.
• National and provincial crime awareness campaigns conducted. The Department aimed to conduct a total of 65 crime awareness campaigns during 2015/16, of which only 37 awareness campaigns (19 at national level and 18 at provincial level) were held. The Department stated that inadequate measures were implemented to ensure the achievement of the target.

 

Other vital performance targets that were not achieved in 2015/16 includes:

• The Department did not achieve its target to ensure that less than 0.048% of persons escape from custody. During 2015/16, a total of 949 persons escaped from police custody. The 949 escapees represent 0,061% of the 1 556 794 persons arrested and charged during 2015/16.
• The Department failed to meet its target to finalise 90% of applications for firearm licenses, permits, authorisations, competency certificates and renewals. The Department managed to finalise a total of 318 670 applications out of a total of 403 524 applications received during 2015/16, which is an achievement of 78.9% applications finalised. This represents a deviation of 11.03% from the performance target.

 

Although the target for the percentage of stolen/lost state-owned firearms recovered in relation to the number of state-owned firearms stolen/lost was achieved, the AG made a material finding on the reliability of the performance as supporting documentation could not be provided. As such, the Committee cannot consider this target as achieved. Similarly, the target for the performance indictor for the quantity of illicit drugs confiscate as a result of police actions was achieved, however the AG made a material finding on the reliability of the performance as supporting documentation could not be provided.

 

5.2.1     Firearms control

 

In 2015/2016, a total number of 403 524 applications were received of which 318 670 were finalised. The 318 670 consisted of 233 993 applications received during the reporting period and 84 677 received prior to 1 April 2015, but finalised in 2015/2016. From the 318 670 applications finalised in the following categories:

 

• 43,35% or 138 146 were for competency certificates;
• 28,17% or 89 773 for new firearm licences;
• 20,63% or 65 759 for the renewal of firearm licences;
• 1,10% or 3 473 for import/export permits; and
• 6,75% or 21 519 for temporary authorisation.

 

The finalisation of an application entails the approval, refusal, completion (renewals) or cancellation of an application. A total of 225 919 applications were approved, 15 589 were refused, 11 426 were cancelled and 65 736 renewals were completed. The Department failed to reach its target to finalise 90% of applications for firearm licenses, permits, authorisations, competency certificates and renewals. The target was missed by 11.03%.

 

To enhance productivity, the Firearm Register System (FRS) were migrated to the Enhanced Firearm Register System (EFRS) on 1 August 2015. Although members were familiar with the functions, the codes for these functions were altered, resulting in difficulty in adjusting to the effected changes. The underperformance on the Division’s target to finalise applications was attributed to the introduction of the new interface between the FRS and the EFRS, resulting in a reduced system response time during peak hours.

 

In 2015/2016, a total number of 191 488 licences were liable for renewal, including 6 219 licences and 172 339 renewals for section 13 in terms of the Firearms Control Act, 2000 (licence to possess a firearm for self-defence), 31 licences and 89 renewals for section 14 (licence to possess a restricted firearm for self-defence) and 7 912 licences and 4 898 renewals for section 20 (licence to possess a firearm for business). Individuals and businesses not renewing their licences, has prompted the Central Firearms Register to block the system, which means that a renewal application which was received after the expiry of a licence, was not accepted. Late applications were only accepted when applicants were able to provide documentary proof to the Central Firearms Register that he/she was abroad during the renewal period, that the firearm was stolen or lost or that he/she was mentally or physically incapable to submit the application.

 

Individual firearm licence applications, competency applications, business licence applications and renewal applications which are refused and for which applicants have lodged an appeal, are being considered by the Appeals Board. During the reporting period, the Appeals Board received 2 119 applications and finalised 2 184 applications.

 

During the period under review, the details of 7 289 firearms of individuals and businesses were circulated as stolen or lost. A total number of 45 of the 8 465 firearms recovered were reported stolen/lost during 2015/2016 and 3 213 were reported stolen/lost prior to 1 April 2015, which is a recovery rate of 116.3%. Although the actual performance on the indicator for the performance indicator “Stolen/lost firearms recovered in relation to the number of firearms reported stolen/lost”, the AG found that the 35% of the actual reported performance was not reliable when compared to the source information or evidence provided. This was due to lost and recovered firearms not circulated on the Enhanced Firearm Registration System (EFRS) as lost or recovered. This was due to lack of monitoring of the completeness of reported actual achievements.

 

A total of 886 state-owned firearms, including 767 SAPS firearms and 119 firearms owned by other government departments such as local government (municipalities), the Department of Correctional Services, the Department of Roads and Transport, the South African National Defence Force, the South African National Parks, and the Department of Justice and Constitutional Development, amongst others were reported stolen or lost. A total of 126 state-owned firearms (60 SAPS firearms and 66 firearms owned by other government departments) were recovered. This represents a recovery rate of 14,22% against a target of 24% recovery against reported lost/stolen state-owned firearms. This is also an area of persistent underperformance, which was not resolved by the Management Interventions strategy. The AG also found that 48% of the actual reported performance for this performance indicator was not reliable when compared to the source information or evidence provided. This was due to the late circulation of lost and recovered firearms on the EFRS which resulted in reporting losses of firearms in the wrong period. This was due to a lack of frequent review of the validity of reported achievements against source documentation.

 

In terms of police operations, the operations focussed on checking of firearms decreased from 16 254 to 9 004 in 2015/16.

 

5.2.2     Public Order Policing

 

In 2015/16, the SAPS had a total of 28 Public Order Policing (POP) Units countrywide (one national unit in Pretoria and 27 provincial units). A total number of 4 617 members and support personnel are deployed at the POP Units, which includes 4 227 operational POP members and 390 members rendering a support service. The nature of POP duties falls outside the scope of generic policing functions, therefore POP members are trained and equipped to effectively deal with situations that police officers at, for example police stations (given their basic training and standard equipment), cannot deal with.

 

POP Units deal with the combating of crime and maintain public order through crowd management in terms of section 205 (3) of the Constitution, 1996. In addition, this unit conducts crime combating actions to address serious and violent crimes (armed robberies in transport and farm attacks and to protect persons and property); rendering specialised operational support, such as assisting detectives in the search for wanted persons, apprehending and escorting dangerous and violent suspects, assisting PSS in protecting VIPs (by controlling perimeters, protecting national key points, managing crowds and providing tactical reserves). The re-establishment of a National POP Unit in Pretoria, the development of a POP Expansion Plan, the re-establishment of 15 dormant POP Units, the establishment of eight new units and the enhancement of the POP capacity to 8 820 members by the year 2020, form part of this process. The National Unit in Pretoria was established on 1 April 2013. Units will also be established in Cape Town (Western Cape), Durban (KwaZulu-Natal) and Nelspruit (Mpumalanga) over the next few financial years, depending on the availability of funds.

 

 

 

During 2015/2016 the following equipment was upgraded for use by POP members:

• The procurement and distribution of 14 Long-Range Acoustic Devices (LRAD) (loudspeaker technology that allows the operator to broadcast warnings and instructions over a much greater distance); and
• Five additional video cameras and accessories were procured in December 2015.

 

During 2015/2016, a total of 1 808 members successfully completed POP refresher training. Tactical Response Teams (TRT) and Metropolitan police members successfully completed the POP Refresher training. A total of 298 POP members and 42 POP platoon commanders

 

  

5.3        Programme 3: Detective Services

 

The purpose of the Detective Services Programme is to enable the investigative work of the SAPS, including providing support to investigators in terms of forensic evidence and the Criminal Records Centre.

 

The table below indicates the budget allocated for Programme 3 in 2015/16 FY: 

 

Table 13: Detectives programme

Adjusted Estimates R’000	Virement R’000	Final Appropriation R’000	Actual Expenditure R’000	% Spent
16,092,427	(145,157)	15,947,270	15,947,270	100%

                                                                                                  Source: SAPS 2015/16 Annual Report

 

Programme 3: The Detective Services Programme spent 100 per cent of its adjusted budget allocation of R16.09 billion at the end of the 2015/16 FY, yet the Programme was behind schedule by R527.8 million at the end of Q3. According to a spending trend analysis over the past three financial years, the programme is generally slow in spending during the first three quarters, then accelerates in the fourth quarter to achieve an expenditure outcome of 100 per cent. The acceleration of expenditure raised concerns that monthly and annual spending on the programme is not aligned to the projections approved by Treasury, and ultimately by Parliament. Post-AENE, a total of R215.8 million was shifted away from compensation of employees to defray excess expenditure on goods and services. In total, the budget allocation increased by R131.2 million from the main to the final appropriation. At the end of the fourth quarter, there were 810 vacant positions in the programme.

 

The performance of the Detective Services Programme remained consistent at 60% over the past two financial years. The Detective Services Programme had a total of 28 performance indicators for 2015/16, of which 17 targets for the respective indicators were achieved and 11 not achieved.

 

Table 14: Detectives Programme 2015/16

Performance Indicator	Target 2015/16	Actual 2015/16	Comment
Detection rate for serious crime	41,05% (858 834)	36,90% (805 158 from a total of 2 182 044)	TARGET NOT ACHIEVED
Percentage of trial ready case dockets for serious Crime	69,00% ( 262 414)	69,63% (266 581 from a total of 382 872))	TARGET ACHIEVED
Conviction rate for serious crimes	87,65% (166 566)	88,27% (136 616 from a total of 154 765)	TARGET ACHIEVED
Detection rate for contact crimes	58,95% (436 744)	53,09% (417 390 from a total of 786 142)	TARGET NOT ACHIEVED
Percentage of trial- ready case dockets for contact crimes	65,40% (144 992)	69,77% (156 065 from a total of 223 684)	TARGET  ACHIEVED
Detection rate for crimes dependent on police action for detection	99,50% (346 506)	99,71% (350 517 from a total of 351 545))	TARGET ACHIEVED
Detection rate for crimes against women 18 years and above (Murder, attempted murder, all sexual offences, common assault and assault GBH)	75,42% (298 692)	73,54% (146 216 from a         total of 198 815)	TARGET NOT ACHIEVED
Conviction rate for crimes against women (18 years and above).	82,67% (46 822)	82,68% (19 666 from a total of 23 786	TARGET ACHIEVED
Detection rate for crimes against children (under 18 years).	70% (74 974)	68,71% (35 497 from a total of 51 659)	TARGET  ACHIEVED
Conviction rate for crimes against children under 18 years. (Murder, attempted murder, all sexual offences, common assault and assault GBH)	75,26% (13 181)	77,36% (5 348 from a total of 6 913)	TARGET ACHIEVED
Percentage of court ready case dockets for fraud and corruption by individuals within the JCPS Cluster	53%	79,85% (444 from a total of 556)	TARGET ACHIEVED
Detection rate for serious commercial crime related charges	Maintain at 80%	96,75% (181 434 from a total of 187 519)	TARGET ACHIEVED
Number of serious commercial crime-related trial-ready case dockets where officials are involved, including procurement fraud and corruption	30 trial-ready case dockets	18 trial-ready case dockets	TARGET NOT ACHIEVED
Percentage of case exhibits (entries) processed within 28 working days	93% of routine case exhibits (entries) processed within 28 working days	70,61% (146 555 from a total of 207 568) of routine case exhibits (entries) finalised within 28 working days	TARGET NOT ACHIEVED

Source: SAPS 2015/16 Annual Report

 

The areas of persistent underperformance identified during the in-depth analysis of performance targets by SAPS Management for Programme 3: Detective Service, include:

Detection rate for:

• serious crime (underperformance persists);
• contact crime (underperformance persists);
• crimes dependent on police action for detection (underperformance resolved);
• crimes against women above 18 years (underperformance persist); and
• crimes against children under 18 years (underperformance persists).

 

Conviction rate of crimes against women above 18 years (underperformance resolved);

Percentage trial-ready case dockets for:

• serious crimes (underperformance resolved);
• crimes dependent on police action for detection (underperformance persists);
• crimes against women above 18 years (underperformance resolved); and crimes against children under 18 years (underperformance resolved).

 

As such a mixed success rate of resolving persistent areas of persistent underperformance have been achieved.

Most of the performance targets in the Forensic Science Laboratory (FSL) environment were not achieved in 2015/16.

• The target to finalise 93% of routine case exhibits within 28 working days was missed by 22.39%. The FSL component could only finalise 70.6% of routine case exhibits within the specified timeframe.
• The target to finalise 76% of non-routine case exhibits within 75 working days was missed by 11.06%.
• The target to finalise 65% of DNA Intelligence cases within 63 working days was not achieved.

 

The target for percentage of Ballistics Intelligence (IBIS) case exhibits finalised within 28 working days was exceeded, however the AG was found that 71.13% of the actual performance reported for this performance indicator was not reliable when compared to the source information or evidence provided. This was due to the inability to verify Forensic Science Laboratory (FSL) administration system dates captured. The current form that is used does not have a space for the analysts to capture the dates of receipt, registrations and finalisation, as a result auditors are unable to verify the dates captured on FSL admin system.

 

5.3.1     Directorate for Priority Crime Investigations (DPCI)

 

The performance of the Directorate for Priority Crime Investigations (DPCI) is provided under the Sub-programme: Specialised Investigations, as it remains a sub-programme of the Detective Services Programme until the uncertainty around the location of the DPCI is resolved. The DPCI had a total of seven (7) performance indicators in 2015/16, of which four (4) targets were achieved and three (3) targets were not achieved, which represents an overall achievement rate of 57% for the DPCI in the 2015/16 financial year.

 

The realignment of the mandate of the DPCI in line with the SAPS Amendment Act resulted in improved performance with focussed attention on the JCPS Cluster. As such, the performance target for the percentage of trial-ready case dockets for fraud and corruption by individuals within the JCPS Cluster was exceeded by 26.85%.

 

The AG made findings against the reliability of the performance on four (4) performance targets as supporting documents could not be provided.

• The target for the detection rate for serious commercial crime-related charges was exceeded by 16.7%, however for 31% of the actual performance reported for this performance indicator, the AG was unable to obtain sufficient appropriate audit evidence to be satisfied on to the reliability of the reported performance. As a proper record keeping system was not in place in Limpopo DPCI, the Directorate’s records did not permit the application of alternative audit procedures to confirm the validity of 1 531 charges reported performance information.

• The target for the percentage of trial-ready case dockets for serious commercial crime-related charges was exceeded with 5.6%, however, for 30% of actual reported performance of the indicator, the AG was unable to obtain sufficient appropriate audit evidence be satisfied on the reliability of the reported performance. This was due to the fact that a proper record keeping system was not in place in Limpopo Directorate for Priority Crime Investigation (DPCI), the Department’s records did not permit the application of alternative audit procedures to confirm the validity of reported performance information.
• The AG was unable to obtain sufficient appropriate audit evidence be satisfied on the reliability of the reported performance information of value of amount involved in procurement fraud and corruption cases. The achievement on this target decreased significantly when compared to the previous financial year and was not achieved in 2015/16. In the previous financial year, a total amount to the value of R2.2 billion was involved in procurement fraud and corruption cases, which exceeded the MTSF target for 2018/19. As such, the target was reduced in the 2015/16 financial year to R379 million, but the DPCI only achieved a value amount of R36.2 million.

 

The target for the performance indicator for the percentage of registered serious organised crime project investigations successfully terminated was not achieved. The DPCI aimed to achieve 43%, but only achieved 9.62%, which is 33.8% less than planned. The underperformance was due to the lack of progress on reports being monitored adequately. Also, the complex nature of cases prolonged investigations.

 

 

5.4        Programme 4: Crime Intelligence

  

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

The table below indicates the budget allocated for Programme 4 in 2015/16 FY:

 

Table 15: Crime Intelligence

Adjusted Estimates R’000	Virement R’000	Final Appropriation R’000	Actual Expenditure R’000	% Spent
3,146,936	(44,897)	3,102,039	3,102,039	100%

                                                                                      Source: SAPS 2015/16 Annual Report

 

Programme 4: Crime Intelligence Programme spent 100 per cent of its R3.14 billion adjusted budget allocation at the end of the 2015/16 FY. A virement of R44.9 million was effected away from this programme to defray excess expenditure in other programmes, mainly the Administration Programme, of which R33.3 million was shifted away from compensation of employees. The programme had a total number of 228 vacant posts at the end of the fourth quarter.

 

The following table highlights performance on selective targets for 2015/16:

 

Table 16: Crime Intelligence Performance

Performance Indicator	Target 2015/16	Actual 2015/16	Comment
Number of network operations conducted	759	859 network operations were conducted	TARGET ACHIEVED
Number of crime intelligence products generated	158 283	386 732 operational analysis reports generated :Profiles = 192 751 • Intelligence analysis reports = 131 190 • Communication analysis reports = 10 660 • Communication interception analysis reports = 12 729 • Cluster crime threat analysis reports = 39 402	TARGET ACHIEVED
Number of strategic intelligence reports provided to SAPS management	4 intelligence reports	7 intelligence reports	TARGET ACHIEVED
Number of strategic intelligence reports generated to address NICOC priorities	6 strategic intelligence reports	10 strategic intelligence reports generated	TARGET ACHIEVED

Source: SAPS 2015/16 Annual Report

 

The Crime Intelligence Programme achieved 100% of its 10 performance targets in 2015/16, similar to the previous financial year. Many of the targets for 2015/16 were exceeded by a wide margin, due to the policy and working procedures of the Division approved in March 2015, which clarified the categorisation of enquiries, ad-hoc operations and network operations. Additionally, the optimisation of monitoring of crime intelligence working procedures resulted in improved record-keeping and an overall improvement in performance.

 

In terms of performance in the Crime Intelligence Operations sub-programme during 2015/16, the following achievements were made:

• A total of 33 999 additional enquiries were investigated;
• A total of 19 043 additional ad hoc operations were conducted; and
• A total of 100 additional network operations were conducted.

 

In terms of the facilitation of the international capability to reduce transnational crime, the Crime Intelligence Division received nine (9) requests for cross-border operations, of which all were conducted. The Division also received a total of 340 requests for assistance for the arrest of international crime suspects, of which all were facilitated. A total of 4.5% additional Interpol case files were closed during 2015/16. The target for this performance indicator was 70% and

the Division achieved 74.5%. Therefore, a total of 1 400 Interpol case files were registered, of which 1 043 case files were closed. This was achieved through the allocation of additional resources to the Distribution Desk and the proper implementation of SOP optimised the flow of work, thus ensuring clear timeframes and regular inspections. Regular inspections also improved command and control, thereby improving the quality of work performed.

 

The Intelligence and Information Management sub-programme overachieved its annual performance targets by 42.8%. The following should be noted:

• A total of 228 449 additional intelligence products were generated. This was necessitated by the increase in major events during the period as more individuals and service providers had to be profiled.
• A total of 3 additional strategic intelligence reports were provided to SAPS Management. The additional reports were needed due to the increased incidence of protest actions at institutions of higher learning countrywide. This target is removed from the 2016/17 APP.
• A total of 4 additional strategic intelligence reports were generated to address National Intelligence Coordinating Committee (NICOC) priorities. The need for increased reports were also due to the increased incidence of protest actions at institutions of higher learning countrywide.

 

The Department reported the following operations successes in 2015/16:

• The Crime Intelligence Division provided information that led to the arrest of 14 406 persons and confiscated goods to the value of R302.8 billion, in support of other divisions.
• The Crime Intelligence Unit held observation in the Ballito area in KwaZulu-Natal for eight hours, which led to the arrest of nine (9) suspects.
• The Unit discovered a store room and drug laboratory. On conducting a search, three special made trailers which contained drugs with an estimated value of R17 million, were discovered.
• During a national operation, a total of 271 drug outlets were raided nationally, 237 suspects including undocumented immigrants, were arrested, 202 cases were registered and drugs such as Cannabis, Cocaine, Heroin, Mandrax, Whoonga/Nyaope, and Crystal Meth (Tik-Tik) with an estimated value of R5.6 million, were confiscated. Three (3) firearms, ammunition and other illegal goods with an estimated value of R19 thousand, were confiscated.
• The Ballistic analysis results linked the rifles that were seized to 35 other CIT and business robberies, eight registered in Limpopo, six in Mpumalanga, six in the North West and 15 in Gauteng.

 

The achievement of 100% of performance targets, does not mean that the Crime Intelligence Programme performed the best in the Department. The Programme still faces various challenges. Throughout the 2015/16 financial year, the Committee has anecdotal evidence that the Crime Intelligence Division is not functioning optimally in its support to other Divisions within the SAPS. It is difficult to measure the actual value added by the Crime Intelligence Division due to the nature of the work it conducts.

 

One area of continuous underperformance has been the security screening function performed by the Division. This has been noted by the Committee over the past financial years as a significant threat to the Department. To address these concerns, the Department has included a performance indicator in the 2016/17 APP to measure the percentage of personnel vetted.

 

However, the Department has prioritised the capacitation of the Division in 2015/16 in terms of filling vacant posts and training. A total of 685 posts, of which only two (2) posts were not filled, were advertised during 2015/2016. The appointment of additional personnel has led to improved workflow and has enhanced certain functions in the Division, which had a positive impact on the targets that have been set for the 2015/2016 financial year.

 

In terms of training, the Crime Intelligence Development programme focussed on the enhancement of the skills of members to collect, analyse, interpret and disseminate crime information/intelligence to relevant stakeholders in order to improve crime prevention and investigation efforts of the SAPS. During 2015/16, the focus was on crime intelligence gathering, undercover operations, operational analysis, vetting and the Inkwazi Learning Programme. In total 1 173 members were trained, of which 98,65% of the members were found competent.

 

 

5.5        Programme 5: Protection and Security Services Programme

The purpose of the Protection and Security Services Programme is to provide protection and security services to all identified dignitaries and government interests. The Protection and Security Services Programme spent 100 per cent of its R2.4 billion adjusted budget allocation at the end of the 2015/16 FY. To defray excess expenditure under the VIP Protection sub-programme, the Department effected a shift of R34.9 million from other sub-programmes within the programme, which resulted in an expenditure of 100%. This has been a trend over the past two financial years. At the end of the fourth quarter, the programme had a total number of 52 vacant positions.

 

The table below indicates the budget allocated for Programme 5 in 2015/16 FY:

Table 17: Protection and Security Services

Adjusted Estimates R’000	Virement R’000	Final Appropriation R’000	Actual Expenditure R’000	% Spent
2,427,731	(13,633)	2,414,098	2,414,098	100%

                                                                                                                      Source: SAPS 2015/16 Annual Report

 

The Protection and Security Services Programme spent 100 per cent of its R2.4 billion adjusted budget allocation at the end of the 2015/16 FY. To defray excess expenditure under the VIP Protection sub-programme, the Department effected a shift of R34.9 million from other sub-programmes within the programme, which resulted in an expenditure of 100%. This has been a trend over the past two financial years. At the end of the fourth quarter, the programme had a total number of 52 vacant positions.

 

The following table highlights performance on selective targets for 2015/16:

 

Table 18: Protection and Security Services Performance

Performance Indicator	Target 2015/16	Actual 2015/16	Comment
Percentage of VIPS provided with security without security breaches (VIP Protection)	100% protection provided without security breaches	100% protection Provided without Security breaches	TARGET ACHIEVED
Percentage of security provided in relation to security breaches (Presidential Protection Service)	100% protection provided without security breaches	100% protection provided without security breaches	TARGET ACHIEVED
Percentage of security provided at government installations and identified VIP residences without security breaches (Protection and Security Services)	100% protection provided without security breaches	100% protection provided without security breaches	TARGET ACHIEVED
Percentage of security provided at government installations and identified VIP residences without security breaches (Presidential Security Services)	100% protection provided without security breaches	100% protection provided without security breaches	TARGET ACHIEVED
Percentage of National Key Points (NKPs) and Strategic Installations audited/ Evaluated (Presidential Protection Service)	100% NKPs evaluated (13)	84, 62% NKPs evaluated (11 from a total of 13).	TARGET ACHIEVED
Percentage of National Key Points (NKPs) and Strategic Installations audited/evaluated (Protection and Security Services)	50% strategic installations audited (123 from a total of 249)	49%strategic installations audited (122 from a total of 249)	TARGET ACHIEVED The North West Department of Local Government and Traditional Affairs closed down and the two components of this Department merged with the Department of Human Settlements and the Department of Arts and Culture. The number of strategic installations was adjusted accordingly, and the targeted 122 installations were all audited.
Percentage of National Key Points (NKPs) and Strategic Installations audited/evaluated (Protection and Security Services)	100% NKPs evaluated (191)	100% NKPs evaluated (192 from a total of 191)	TARGET ACHIEVED Former President Nelson Mandela’s houses in Houghton and Cape Town was de-registered.

                                                                                                  Source: SAPS 2015/16 Annual Report

 

The Protection and Security Services Programme increased its performance from 83% in 2014/15 to 100% in 2015/16, which is a notable improvement. During 2015/16, in-transit protection was provided to 84 national, 135 provincial and 62 foreign dignitaries visiting South Africa. No security breaches occurred. Operational protection was also provided to 362 major, special and provincial events, including the 104 year celebration for the African National Congress (ANC), the African Union Summit and the Forum on China/Africa Co-operation (FOCAC).

 

During the period under review, the Presidential Protection Service provided in-transit protection to 16 presidential dignitaries. The presidential VIPs conducted 187 visits outside the borders of South Africa and on some of the visits, depending on the length of the flight, had to make refuelling stops.

 

Operational protection was also provided during the ANC NGC (National General Council) at the Gallagher Estate, Midrand Johannesburg, the 104th ANC Celebrations (8 January 2016) and the State of the Nation Address (SONA). No security breaches occurred when Presidential VIPs were protected in South Africa and abroad, at major events or while foreign Heads of State paid visits to the country.

 

The design and successful piloting of a Static Response Unit was one of the new strategies that contributed to enhanced service delivery in the static protection environment. This initiative will be implemented in all provinces through a phased approach as of 2016/2017.

In 2015/2016, a 24-hour static protection service was provided by 14 Static Units, that covered 102 identified VIP residences and 40 strategic installations located throughout South Africa, by providing 97 380 protection operations.

 

The National Key Points Act, 1980 (Act No 102 of 1980) is still under revision by the Department of Civilian Secretariat of Police. After finalisation of the consultative process and drafting of related policies, the Critical Infrastructure Protection Bill, which will be the product of the revised Act, will be signed into law. Currently the JCPS Cabinet is being consulted in this regard. On 26 January 2016, the Department of Defence granted approval to transfer the historical data relating to NKPs, to the SAPS. The transfer of the data is in accordance with the proclamation signed by the former President of the RSA on 10 February 2004 that the regulatory function of NKPs be transferred to the SAPS.

 

The SAPS reported that other regulatory functions were performed during the period under review, including the processing of 1 384 applications for Security Guards for NKP. During this process, it was determined that 34 applicants had criminal records and seven applicants were found not capable in terms of Regulation 4(a) to (g) of the NKP Act, 1980 (Act No 102 of 1980).

 

 

6.         COMMITTEE KEY FINDINGS: DePARTMENT OF POLICE

 

6.1        Auditor General Recommendations   

The Committee was concerned after the briefing by the Auditor-General (AG) that there has been stagnation in the audit outcomes as far as the SAPS are concerned. Committee members raised concerns that the AG Recommendations were not receiving the necessary priority and was not being implemented timeously by the Department.

 

The Committee noted that the SAPS management has not filled key posts so the leadership of the Department was questioned about its ability to make sure the recommendations of the AG is taken seriously. The Committee welcomed the unqualified audit opinion, but did not accept the matters of emphasis as it was, matters in the opinion of the Committee that could have been corrected. The Committee noted the findings and asked the SAPS to develop a new plan for changing its financial and performance targets.   

 

In particular, the Committee raised the leadership of the Crime Detection environment and noted that the DNC for Crime Detection and the Divisional Commissioner for Crime Intelligence posts should be filled as soon as possible.

 

The Committee have asked the SAPS to provide a new list of performance indicators which conforms to the SMART principles, as well as appointing mandate holders with defined timeframes on each of the AG’s recommendations.

 

The Committee noted that all the Key Performance Indicators of the SAPS should be reviewed with a view to aligning them with the SMART principles.

 

6.2        Accommodation of the Free State VIP Protection Unit

 

The Committee was disappointed that the SAPS did not keep the Committee updated and appraised of the fact that the progress with moving the VIP Protectors to a new, safe building in the Free State when the process stalled. The SAPS failed to provide updates on the matter to the Committee and there have been no action taken. The Committee noted that it was one year since the oversight visit to the Free State and there clearly was no progress making the accommodation for the employees unsafe. The SAPS were asked to provide a report to the Committee and the Committee agreed to elevate the matter to the Executive Authority expressing its displeasure at not being kept updated by the SAPS.

 

6.3        Building management programme

 

The Committee raised its concerns about the SAPS building programme with particular reference to the new proposed station at Weltevreden. The proposed new station is meant to alleviate the burden currently placed on the Nyanga police station and the fact that it remains the station with the highest murders in the country. The Committee called upon the SAPs to revisit its allocation of resources to the station and noted that the site clearance for the station has not been started, despite it being commissioned three years ago. The Committee was concerned that no new SAPS police stations had been built during the 2015/16 FY despite the huge budget of almost R2 billion allocated for this. 

 

6.4        Public Order Police Training

 

The Committee noted that training for Public Order Police was one of the key recommendations from the Farlam Commission. The statistics from the 2015/16 Annual Report showed that while 1808 members attended refresher training courses, only 23 POP members attended Crowd Management Training Crowd Management for Platoon Members programme. The Committee was of the opinion that much more members should be attending new training courses to enable them to manage crowds far better.

 

6.5        Regulation 45 Appointments

 

The Committee observed that the Acting National Commissioner of the SAPS made 41 appointments in terms of Regulation 45. The Committee was concerned that the process of making such appointments and emphasised that appointments of this nature should only be made in exceptional circumstances. The Committee noted that the appointments on such senior levels 14-16 should be advertised and that once appointment happens in terms of the Regulation 45, the Committee should receive the full biographies of the appointed persons.    

 

6.6        Cluster Management

 

The Committee was concerned that not enough was being done to ensure that the Cluster Commanders empower the police Station Commanders to effectively manage the crime in station areas.  The Committee was of the opinion that consequence management should be implemented if Cluster commanders were not up to the task of the Back to Basic campaign and that they should be moved from stations that have shown no performance progress over time. The Committee will monitor the effectiveness of the Deputy Cluster Commanders. 

6.7        Domestic Violence

 

The Committee was of the opinion that the police at station level were not dealing effectively with domestic violence complaints and were automatically referring complainants to the public prosecutors because they did not want to deal with investigating domestic violence and abuse. The Committee wanted the SAPS to desist from this action and asked that the SAPS begin investigating domestic violence as a priority and not to immediately refer complainants to the public prosecutor for restraining orders. The Committee urged the SAPS Research section to investigate including domestic violence as a separate crime category.

 

6.8        Meeting with the NPA and SAPS

 

The Committee noted that in view of the many priority cases where the NPA declined to prosecute were causing repeat offending and that the situation was untenable in the policing environment. The Committee noted that it was important for the SAPS to invest in meeting with NPA to discuss how to resolve the situation. The Committee also suggested that it has a joint meeting with the Justice and Correctional Services Portfolio Committee in Parliament in order to look at solutions to the problem.  

 

6.9        Firearm Licences

 

The Committee noted that there was confusion with respect to applications for firearm licenses, new applications and renewal of existing applications. The Committee observed that the Central Firearms Registry and senior police commissioners were send out divergent and conflicting correspondence and instructions. This caused problems for applicants and the Committee noted that the matter must be addressed as it was raised by the Auditor-General in respect of information on the firearm licences and processing. 

 

6.10      Detectives

 

The Committee was concerned that the Detectives Programme was regressing in view of the fact that there was no Deputy National Commissioner for Crime Detection appointed and urged the acting National Commissioner to make an appointment in the position without delay. There were many areas in the Detectives Programme that under-performed and the Committee was concerned about the general lack of management and command and control issues. The targets in this arena were also very low and not in keeping with the SMART principles. Several of the Committee members expressed their unhappiness with the poor performance of the Detective Service Programme.

 

6.11 DPCI Building Security

 

The Committee noted that the state of the DPCI building security was not in a good state. As the custodian of high level investigations, it requires that its premises must be secure and safe. The Committee was of the opinion that much more needed to be done to secure the perimeter fencing, access control and security at each of the DPCI buildings that are in a state of disrepair.

 

 

 

 

6.12      Investigation of High Profile Cases

 

The Committee noted that several high profile cases were not handled professionally with respect to the feedback to the families of victims. Members pointed to the length of the Senzo Meyiwa case and noted that there was no suspect that has been arrested or brought to court. The time it took to investigate these types of cases impacted on the public confidence in the police in the fight against crime. The Committee also noted that there has to be regular feedback to families of victims of crimes and that the SAPS should develop an ICT solution to keep the families updated on progress in the case.  

 

 

7.         Summary of reporting requests

 

Summary of the Department’s reporting requirements

 

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

 

Table 19: Reporting Request

Reporting matter	Action required	Timeframe
Programme 1: Administration and Financial Statements
The SAPS must provide the Committee with a report on the number of police lost and stolen firearms and its verification on the Enhanced Firearms Registration System for the 2015/16 financial year.	Written report	30 November 2016.
The SAPS must provide the Committee with a report on the number of police stations linked to the school safety programme and how it intends to cover all the schools	Written report	30 November 2016
The SAPS must make available a list of all police officers doing business with the SAPS during the 2015/16 financial year.	Written report	30 November 2016
The SAPS must provide a report on the disciplinary cases withdrawn against SAPS members for the last financial year and provide the reasons for such withdrawal	Written report	30 November 2016
The SAPS should provide the Committee with a progress report on the finalisation of the appointment of the Head of Crime Intelligence.	Written report	30 November 2016
The SAPS must submit monthly reports to the Portfolio Committee on the implementation of the actions plans to implement the recommendations of the Auditor General	Written report	Monthly with effect from  30 November 2016
The SAPS should provide the Committee with a full report on training in foreign countries and donor funding for such training.	Written Report	30 November 2016
The SAPS should provide a progress report on the WEYMARK Tender	Written Report	30 November 2016
The SAPS must provide the committee with the actual  personnel to vehicles ratios	Written Report	30 November 2016
Programme 2: Visible Policing
Reporting matter	Action required	Timeframe
The SAPS to provide the Portfolio Committee with an analysis of domestic violence complaints  for the last FY	Written report	30 November 2016
The SAPS to supply the Committee with a copy of the new Reservists Policy and intake specifications when it is completed.	Written Report	End of Financial Year 30 March 2017
Programme 3: Detective Services
The SAPS must provide the Committee with an Recovery Plan for the capacitation of the detectives	Written report	30 November 2016
The SAPS must provide the Committee with a report on detectives remuneration	Written report	30 March 2017
The SAPS to provide the Committee with a report of the high profile murder cases	Written report	30 November 2016
The SAPS to provide the Committee with a full impact analysis report of stock theft for the last financial year.	Written report	30 March 2016
The SAPS is to provide the Committee with the number of detectives dismissed and the offences perpetrated for the last financial year	Written report	30 November 2016
The SAPS should provide the Committee with a report on the disaggregation of sexual offences reported cases	Written report	End of Financial Year 30 March 2016
The DPCI to provide the Committee with a progress report for the establishment of the Firearms and Narcotics Units it is establishing	Written report	15 January 2017
The SAPS must provide the Committee with a report on the re-enlistments and the nature of such re-enlistments in the Detectives environment	Written report	15 November 2016
Programme 4: Crime Intelligence
The SAPS to provide the Committee with a plan to increase the footprint of Crime Intelligence in the Nyanga Police station area	Written report	30 November 2016
Programme 5: VIP Protection and Security Services
The SAPS to provide the Committee with a status report on the premises and accommodation of the Bloemfontein Protection and Security Services personnel of the VIP Protection Unit	Written report	30 November 2016

 

 

7.1        COMMITTEE Recommendations

 

The following budgetary recommendations are made in terms of 2015/16 financial year:

 

7.1.2     Auditor General Recommendations

 

1. The Committee recommends that SAPS should revise its key performance indicators (KPIs) and accompanying performance targets to ensure that it add value to the service delivery of the Department and that they do not have unintended consequences in terms of the reporting and capturing of reported cases. The KPIs must also adhere to the SMART criteria as provided by the National Treasury Framework. The review should be applied to the KPIs across the entire organisation. In many instances targets are also set too low, which does not inspire confidence in the SAPS. Also, challenges around multi-year targets (MTSF targets) must be corrected to measure annual performance and not performance over the medium term.   

 

1. The Committee recommends that the SAPS should provide timelines and appoint line managers for its interventions to address underperformance and the slow implementation of the AG recommendations. This should be accompanied with measures to assess the impact of interventions.  If not achieved, there should be strict consequence management for the non-attainment of recommendations.

 

1. The Committee recommends that there should be compliance with legislation in respect of strategic planning and performance management and the failure of Department to maintain effective and efficient internal controls regarding performance management must be noted and corrected.

 

1. The Committee recommends that in view of the ineffective monitoring of implementation of action plans to address challenges with procurement; contract management; leadership; internal control deficits; financial and performance management, the SAPS implements stricter internal and monitoring controls.

 

7.1.3     Programme 1: Administration

1. The Committee recommends that on disciplinary matters, the SAPS Annual Report should contain disaggregated data i.e. incident, rank of officers, police station/units, provinces; PC should be advised on strategies/remedial action taken to address these. More detail and disaggregated information should be provided on the outcome of disciplinary cases instituted against members as well as nature of incidents of corruption by members.

 

1. The Committee recommends that the SAPS provides disaggregated reporting on reported sexual offences and rape in the Annual Report.

 

1. The Committee recommends that the appointment of the Deputy National Commissioner for Crime Detection must urgently be pursued and the appointment of other senior managers such as Divisional Commissioners in the Crime Intelligence environment must be completed urgently.
2. The building management programme must ensure that there are clear targets and deliverables when it comes to station building, especially in the Nyanga Policing area as it remains the highest crime area in the country. There should be clear progress with the building of the second police station in the Weltevreden area.

 

1. The Committee recommends that the SAPS Building programme with respect to the construction of new police stations and the building renovations programme is accelerated.

 

1. The Committee recommends that the SAPS should have a better managerial hold over the high number of Civil Claims as this is an indicator of discipline and consequence management in SAPS and the Management must put measures in place to improve the professional conduct of police officers.

 

1. The Committee recommends that additional training for Public Order Policing members in Crowd Control should be rolled out as a matter of urgency.

 

1. The Committee recommends that the FCS Units must be strengthened to police Gender Based Violence approaches and rolled out. Special attention should be given to the feedback process to complainants.

 

1. The Committee recommends that the SAPS management should embark on a cost-analysis and provide a plan on how they plan to roll out forensic social workers to all police stations.

 

1. The Committee recommends that indicators specified for public order policing unit and special task force is ‘stabilised’ should be linked to compliance and human rights standards.

 

1. The Committee recommends that the Community Police Forums (CPF) indicator should be broadened to include reporting on intersectoral initiatives/interventions with other departments/structures in terms of crime prevention.

 

1. The Committee recommends that the SAPS should make available the research agenda of the new Research Division.

 

1. The Committee recommends that the SAPS should consider all new Regulation 45 appointments in exceptional cases only and the Committee urges the SAPS Management to advertise all posts in the Senior Management Section. All new appointments on levels 14-16 should be reported to the Committee and detailed biographies of the appointees should be included.

 

1. The Committee recommends that these appointments should be reported in the Annual Report and the rank from which the appointment was made should be included.

 

7.1.4     Programme 2: Visible Policing

1. The Committee recommends that the SAPS review and strengthen the implementation of policy directives regarding use of firearms including the establishment of independent mechanisms/review process for excessive use of force incidents; safe carriage of firearms and ammunition when officers are on/off duty and safe storage.

 

1. The Committee recommends that the SAPS adhere to competency requirements for police officers carrying firearms including background checks, training requirements, accreditation and removal of firearms due to negligence or abuse, and disciplinary action.

 

1. The Committee recommends the SAPS capacitate, train and support police officers through on going accredited training in firearm use, as well as alternative tactics and strategies to lethal force.

 

1. The Committee recommends that the SAPS strengthen the link between schools and police stations throughout the country as it is a priority and the fact that it was only implemented in 1053 schools is unacceptable and the SAPS Management must rectify this.

 

1. The Committee recommends that all Designated Firearms Officers must be capacitated at all stations to be able to effectively manage their tasks.

 

1. The Committee recommends that the SAPS should do more to deal with Domestic Violence and not refer women to courts for restraining orders without launching a criminal investigation. 

 

1. The Committee recommends that Cluster commanders should be rotated if they are ineffective and the ineffectiveness of some cluster commanders should be addressed by management.

 

1. The Committee recommends that the SAPS must deal with the inconsistencies in instructions with regard to firearm licences, renewal applications and new applications as a matter of urgency. 

 

7.1.5   Programme 3: Detectives

 

1. The Committee recommends that the Department should include key performance indicators (KPIs) in its APP to measure performance on the basic capacitation of the Crime Detection Component, in terms of facilities and equipment provided to detectives.

 

1. The Committee resolves that it will engage its counterparts in the justice environment to schedule a joint meeting to discuss challenges around trial-ready cases (the meeting will include representatives from the SAPS and NPA).

 

1. In terms of the reporting obligations of the DPCI as per the SAPS Act of 1995, the Committee recommends the following:

The performance of the DPCI should be contained in a separate section of the SAPS Annual Report (arguably as the last section of the Detective Services Programme). This should include performance on KPIs, budget, personnel related issues (vacancies and fixed establishment), training and accommodation. This necessitates a departure from its current reporting form in terms of sub-programmes, until such time as the location of the DPCI (either as a Vote or Budget Programme) is finalised. The Committee further recommends that it must be made clear upfront that the personnel of the DPCI is included in the fixed establishment of the SAPS and that the budget allocation of the DPCI is located within the SAPS Vote, despite it being exclusively appropriated for the DPCI (ring-fenced), as to avoid any confusion on this matter. The Committee further resolves that no further extension to comply with the SAPS Act of 1995 will be granted in terms of the reporting requirements of the DPCI.   

1. The Committee recommends that the SAPS engage in a meeting with the National Prosecuting Authority to discuss and remedy the matter of “trial-ready” docket indicators.

 

7.1.6   Programme 4: Crime Intelligence

 

1. The Committee recommends that the SAPS should develop at least one performance indicator to provide a mechanism to measure the value added by the products generated by the Crime Intelligence Component to the Crime Prevention and Crime Detection Components of the SAPS.

 

1. The Committee recommends that the SAPS should ensure that all personnel attached to the Crime Intelligence Component are vetted and that regular lifestyle audits are conducted to ensure the overall integrity of the component.

 

1. The Committee recommends that ground coverage of crime intelligence should be increased in relation to capacitating this environment, especially at Cluster level.

 

1. The Committee recommends that the Department should consider informants as a force multiplier and endeavour to attract and retain more strategic informants.

  

 

7.1.7   Programme 5: Protection and Security Services

 

1. The Committee recommends that the SAPS should focus on improving the working conditions, the nature of relationships with the Executive and the job descriptions of VIP Protectors.

 

1. The Committee recommends that the issue of accommodation for the Free State VIP Protectors be urgently addressed and finalised and a report be made available to the Committee.

 

1. The Committee recommends that the Department should continue with its endeavours to cultivate a relationship of mutual respect between the Executive and VIP Protectors through the enhancement and continuation of current roadshows and discussion with the Executive.

 

1. The Committee recommends that the Department should consider implementing a strategy in which VIP Protectors are rotated on a regular basis to avoid over-familiarly and complacency with members of the Executive.       

 

1. The Committee recommends that the Department should mitigate against the over-expenditure recorded for the VIP Protection Component.

 

1. The Committee recommends that the Department should stabilise the vehicle fleet of the VIP Protection Component.

 

1. The Committee recommends that the Department should pay attention to the working conditions of members attached to the Static Security Component and develop a career-path for those members that express an interest to enter other components of the SAPS.

 

8.        Conclusion

The Portfolio Committee on Police notes the progress of the SAPS with regard to the Back to Basics campaign and supports the initiatives in this regard. The Committee remains concerned about the recommendations and findings of the Auditor –General with respect to misstatements on the Financial Statements and notes the findings with respect to the reliability of information in the detectives and visible policing environment. The Committee will continue to monitor the SAPS with respect to the implementation of all recommendations made by the AG. The Committee will also continue to monitor the SAPS with respect to implementing all aspects of the National Development Plan. 

 

Report to be considered