ATC200603: Report of the Portfolio Committee On Police on the 2020/21 Budget, Annual Performance Plan of the Civilian Secretariat for Police Services (CSPS) Vote 21, Dated 27 May 2020

Police

Report of the Portfolio Committee On Police on the 2020/21 Budget, Annual Performance Plan of the Civilian Secretariat for Police Services (CSPS) Vote 21, Dated 27 May 2020

 

The Portfolio Committee on Police examined the Budget, Annual Performance Plan of the Civilian Secretariat for Police Services (CSPS) for the 2020/21 financial year as well as the Strategic Plan 2020-25. The Committee reports as follows:

 

1. INTRODUCTION

The Civilian Secretariat for Police Services (CSPS) derives its mandate from section 208 of the Constitution of South Africa, 1996 (Act No. 108 of 1996), which states that a Civilian Secretariat for the police must be established by national legislation to function under the direction of the Cabinet member responsible for policing.

 

The legislative mandate of the Civilian Secretariat is laid out in the Civilian Secretariat for Police Services Service Act, 2011 (Act No. 2 of 2011). The Act was promulgated on 01 December 2011 and provides for the Secretariat to provide advice to the Minister of Police. The Civilian Secretariat became a designated department on 1 April 2014 in terms of the Act, and previously the budget was being presented as part of the SAPS budget in the Estimate of National Expenditure 2019. This year, in the 2020 Estimates of National Expenditure (ENE), the Civilian Secretariat for Police is presented as a separate Budget Vote (Vote 21).

 

1.1 Structure

The Report provides an overview of the 2020/21 Budget Hearings of the CSPS and is divided into the following sections:

 

Section 1: Introduction. This section provides an introduction to this Report as well as a summary of meetings held during the hearings.

Section 2: Key concerns of the Committee during the 2019/20 financial year. This section provides a summary of the key concerns raised by the Committee during the previous financial year.

Section 3: Strategic Priorities of the CSPS for the 2020/21 financial year. This section provides a summary of the strategic focus areas for the Secretariat for the year under review.

Section 4: CSPS Budget and Performance targets for 2020/21. This section provides an overall analysis of the estimates of national expenditure of the CSPS for the 2020/21 financial year. This section also provides a programme analysis of the CSPS.

Section 5: Committee observations. This section highlights selected observations made by the Portfolio Committee on Police on the annual performance targets and programme specific issues during the 2019/20 budget hearings and subsequent responses by the CSPS.

Section 6: Recommendations and additional information. This section summarises the recommendations made by the Portfolio Committee on Police, as well as the additional information requested from the CSPS.

Section 7: Conclusion. This section provides a conclusion to this Report.

 

The Committee received a briefing by CSPS on the2020/21 Annual Performance Plan, and Budget, together with the 2020-25 Strategic Plan on 13 May 2020. The meeting was held on virtual platform because of the lockdown due to the COVID-19 pandemic. The Committee was unable to, in the allocated time, receive civil society and academic expert opinions on the budget.

 

1.2        Impact of COVID-19 pandemic

 

South Africa has been adversely affected by COVID-19 pandemic including Parliament and its committees. The Department of Civilian Secretariat for Police have also been affected and it resulted in a national lockdown being declared by the President from 26 March 2020.

 

The President announced a lockdown of the nation on 23 March 2020 in order to prevent further infections of and spread of the Covid-19 pandemic. The lockdown took effect on 26 March 2020. The terms of the lockdown period were declared in terms of the Disaster Management Act (57 of 2002), and the Regulations provides that the South African Police Service (SAPS) is supported by the South African National Defence Force (SANDF) and the Metro Police during the period of the lockdown. The period of the national lockdown was declared from 26 March 2020 - 16 April 2020 in terms section 27 of the Disaster Management Act announced by the Minister of Co-operative Governance and Traditional Affairs in the Government Notice No. 398, published in the Government Gazette, No. 43148 on 25 March 2020. The lockdown period was subsequently extended by the Minister to the end of April and again until the end of May 2020.

 

There has as a result of the lockdown, been allegations of police brutality against the SAPS, Metro Police agencies and the South African National Defence Force. The Independent Police Investigative Directorate (IPID) has the mandate to investigate any police misconduct and that mandate applies even during the State of National Disaster and the lockdown period, and were called on to investigate such police heavy-handedness.

 

The National Regulations provides for the police to enforce the provisions of the lockdown. This includes for the SAPS, SANDF and Metro Police to amongst others, makes sure that the movement of people and goods are restricted and people are confined to their homes; public transport on the public streets are prohibited with the exception of emergency and health workers; businesses that are not essential services are closed and public places such as taxi ranks remain closed.

 

The provisions of the Disaster Management Act (2002) together with the Lockdown Regulations places certain obligations on the police to enforce the regulations for the duration of the period of the Lockdown

 

The Civilian Secretariat as the technical adviser to the Minister of Police has a policy-related role with respect to the monitoring of the implementation of the Disaster Management Act (2002) Regulations. The Regulations does not presuppose a suspension of the Constitution and all the members of the SAPS and Metro Police are subject to the Constitutional provisions. This means that the rights of the public to human dignity as enshrined in the Constitution, remains intact and the right of people to be treated fairly must be respected. It also means that police officers should be held accountable by the IPID for their actions during the period of the lockdown. The mandate of the Committee is to conduct oversight over the police. Consequently, the enquiryinto the alleged brutality of the police will be imperative, in order for the public to win back the trust in the police during the lockdown period.

 

2. KEY CONCERNS RAISED BY THE COMMITTEE DURING THE 2019/20 FINANCIAL YEAR (HISTORIC CHALLENGES)

 

The matters listed below are some of the key concerns raised by the Committee during the 2019/20 budget hearings with the Civilian Secretariat of Police. These observations and key issues are included in this report to re-emphasise the areas that Committee noted at the time.

 

Leadership and accountability

The Chairperson of the Committee indicated that he was informed by the Secretary of Police that he would not attend and he apologised as he had to attend a MINMEC meeting. The Committee raised concerns as it was the Department’s Budget vote hearing and the accounting officer should have been there to account. The CSPS should ensure that there is compliance with prescripts and it has to lead by example.  For this reason, there needs to be better compliance from the leadership of the Secretariat. If the CSPS monitors the police and IPID, then it should lead by example and be accountable itself.

 

Advertising costs

Members questioned the large increases in advertising costs and wanted an explanation of the reasons for the cost escalation. The Secretariat reported that it has spent almost R2 million rand on advertising costs which was mainly to advertise staff in the Office of the DPCI Judge.

 

Budget Vote of the Secretariat

The Committee questioned why the Secretariat does not have its own Vote and still functions as a cost centre of the SAPS. The Secretariat has been a designated department since 2014 and it appears that it is not making a concerted effort to break the financial cord with the SAPS. The Committee urged the Secretariat to move to its own budget vote as soon as possible. The Secretariat responded by stating that the changes in the leadership of the SAPS has not helped it as every year they prepare a management letter with which they hope to engage the SAPS leadership. When the leadership changes, they have to start the negotiations all over again.

 

Budget spend of 95%

The Committee welcomed the fact that the Secretariat spent 95% of its budget, but questioned if it was value for money spent. The reason was the fact that the SAPS was not taking the Secretariat seriously. In addition, the Provincial Secretariats were not taken seriously by their Heads of Department with respect to the National Secretariat. The Committee raised questions over the fact that the staff bursaries were doubled, consultants were employed and the advertising budget increased by 450%. Members wanted to know how the Secretariat was going to remedy the problem of the SAPS ignoring the recommendations of the Secretariat. 

 

DNA Board Annual Report

The Committee expressed its dissatisfaction with the fact that there was no Annual Report for the DNA Forensic Oversight and Accountability Ethics Board. The Chairperson raised her concerns with the non-tabling of the report. He urged the Secretariat to ensure compliance of any entity that it overseas.

 

Inspecting DPCI Judge

The Committee raised concerns about the manner in which the Civilian Secretariat spent its budget on the DPCI Judge. It was reported that a vehicle was purchased for the Judge. According to the Secretariat, the Judge also wanted his PA to be upgraded in her post, which was not in keeping with the Public Service Regulations. The Committee expressed its unhappiness about the situation and asked the Secretariat to provide a full report and which policy they were following when purchasing a vehicle for the Judge.

 

Disjuncture between National and Provincial Secretariats

TheCommittee noted that there was a disjuncture between the National and Provincial Secretariats. It was clear that there was no proper alignment between the national and Provincial Secretariats as the Provincial Secretariats developed their own programme and priorities if they did not agree with the national policy. Members pointed to a legislative amendment that was required to bring the provincial secretariats into line with the National Secretariat. The provincial Heads of Departments were not taking the Provincial Secretariats seriously. It has consequences for the full implementation of the mandate of the CSPS.

 

Indicators for the CSFs

The Committee questioned why theCommunity Safety Forums had no proper indicators of a public private partnership. The members wanted the Secretariat to explain what they meant by a public private partnership. In addition, the members of community police forums are also requesting money and stipends for the work they do in the communities.

 

State of Policing report

The Committee questioned why the Secretariat has not delivered on the State of Policing Report after promising the Committee that it would be completed. The Secretariat was asked to make sure that the report is finalised so that the country can have an idea as to what the state of policing in South Africa looks like.

 

Community Policing Forums (CPFs)

The Committee has noted that the provision to deal with the community police forums are enshrined in the White Paper on Policing and the function of the CSPS is to support the CPF’s. However, this can only be effected if the SAPS Act is amended.

 

3.         STRATEGIC PRIORITIES OF THE CSPS FOR 2020/21

 

The overall strategic goal of the Secretariat is to conduct civilian oversight over the police and provide the Minister of Police with strategic support (police advice, legislative support, public participation and monitoring and evaluation of the SAPS).

 

3.1        Ministerial Priorities

 

The Minister of Police highlighted the following priorities for the 2020/21 financial year and over the medium term:

  • The services provided by the police and lack of trust in the police continue to be at the forefront of discussions concerning policing and crimein the country.
  • The need for a localised approach to addressing crime concerns.
  • Targeted implementation of the Provincial and Local Crime Prevention Frameworks and District Action Plans.
  • The implementation of the 2016 White Paper on Safety and Security.
  • Beefing up the detective service and forensics, as well as modernising the SAPS, amongst others, remains at the top of the list of priorities.
  • Align the Annual Performance Plan of the civilian Secretariat with the SAPS priorities to ensure that the SAPS is able to effectively deliver on its mandate.
  • Strengthen the administrative and operational functions of the Civilian Secretariat to ensure improved oversight over the SAPS.
  • The CSPS will over the next five years focus on the finalisation and implementation of an Integrated Crime and Violence Prevention Strategy.
  • The CSPS will also ensure the implementation of a Partnership Strategy and Framework which seeks to mobilise key role-players and harness the social capital in communities by facilitatinggreater involvement of various community safety structures in the fight against crime.
  • The development and implementation of an e-Policing Policy, the objective of which is to contribute to the professionalisation of SAPS and to enhance policing efficiencies.
  • The CSPS will be strengthening its role in exercising civilian oversight over the Police Service, mobilising communities, providing legislative support, and strategic policy advice, amongst its other responsibilities.

 

3.2        State of The Nation Address

 

The areas highlighted by the President in his State of the Nation Address in February 2020 all relate directly to the monitoring and evaluation function of the Civilian Secretariat for Police.

In terms of security issues, the President focused on the realisation of the National Development Plan (NDP) Vision 2030 in building safe communities, especially in terms of police training, improved professionalism and adequate resource allocation to police stations.

 

The President highlighted the following areas in the policing and safety sector:

 

  • The President acknowledged that investment and growth require a safe, stable and crime-free environment. This is one of the key tenets of the NDP. The President further stated that living in security, peace and comfort is a fundamental aspiration of all South Africans as one of the fundamental human rights as enshrined in the Constitution.
  • The President noted that priority would be placed on Government’s response to the growing problem of criminal groups that extort money from construction and other businesses. Specialised units within the SAPS and the National Prosecuting Authority (NPA) will be established to combat crimes of economic disruption.
  • Tourism Safety Monitors will be trained and a reserve police capacity will be established to focus on the policing of tourist attraction areas.
  • The President stated that Anti-Gang Units would be further strengthened, with priority given to the Western Cape, Eastern Cape, Gauteng and Free State.
  • The President stated that priority would be given to increasing police visibility. He further stated that following the graduation of 5,000 police trainees last year, 7,000 new police trainees have been enlisted this year to strengthen local policing.
  • The President stated that priority would be given to better resourcing of police stations.
  • The President stated that a Crime Detection University would be established in Hammanskraal (Gauteng) to improve the quality of general and specialised SAPS investigations.
  • The National Anti-Corruption Strategy (NACS) that was developed by a joint government and civil society working group would be launched in the mid-year.
  • The President highlighted various efforts to address gender-based violence, including:
    • Social compacts must be built across society to fight gender-based violence.
    • An emergency action plan was implemented and R1.6 billion was reprioritised to support the plan until the end of the current financial year (2019/20).
    • The Domestic Violence Act, 1998 (Act No 116 of 1998) will be amended to improve the protection of victims in violent domestic relationships.
    • The Sexual Offences Act, 2007 will be amended to broaden the categories of sex offenders whose names must be included in the National Register for sex offenders.
    • Legislation will be passed to strengthen bail and sentencing conditions in cases that involve gender-based violence.

 

3.3        Civilian Secretariat Priorities

The Civilian Secretariat has indicated that their priorities for the 2020/21 financial year includes the following priorities:

  • The implementation of the revised mission: “A transformed and accountable Police Service that reflects the democratic values and principles of the Constitution of the Republic of South Africa”.
  • Reducing and maintaining the current vacancy rate close to the total number of posts approved in order to improve and sustain high levels of productivity within the Department.
  • Research studies that focus on examining the effectiveness of SAPS disciplinary management on policing, and the impact of the SAPS Training Programme on service delivery.
  • The establishment of the National Centre for Crime and Violence Prevention.
  • The building of capacity in terms of community safety and to establish Community Safety Forums across different municipalities.
  • Prioritising community awareness of crimes against women and children.

 

3.4        Medium Term Strategic Priorities

 

In the 2020-2025 Strategic Plan of the Civilian Secretariat for Police, the Secretariat has committed to the implementation of the following priorities during the next five years:

 

  • Facilitating the implementation of the 2016 White Paper on Safety and Security and the Integrated Crime and Violence Prevention Strategy.
  • Drafting and promoting constitutionally sound legislation to give effect to government policies related to policing.
  • Repositioning of the Civilian Secretariat for Police Service as a new Department of Police and the primary policy advisor to the Minister, which requires a review of the current organisational structure.
  • Organisational renewal, strategic leadership and the enforcement of the Civilian Secretariat for Police Service Act and Regulations.
  • Strengthening the capacity of the Department to influence international developments for the Ministry of Police.
  • Facilitating the creation of a smart or e-policing environment.
  • Strengthening the Heads of Departments (HoDs) Forum and Senior Management Forum to monitor the progress of the Department’s oversight functions.
  • Establishing a Knowledge Information Management System as a nerve centre to drive the policy and strategic mandate of the Department.
  • Implementing the Departmental Communication Strategy.
  • Implementing a Partnership Strategy and Framework to strengthen engagements with key stakeholders and galvanise communities on crime prevention initiatives.
  • Building strong ICT infrastructure for the department.
  • Implementing an integrated Human Capital Strategy and the related operational excellence strategies.

 

 

In 2020/21, the CSPS will focus on piloting the implementation plan for the 2016 White Paper on Safety and Security. The White Paper replaced the 1998 White Paper on Safety and Security and provides a comprehensive policy approach to crime prevention. The White Paper is focussed on realising the vision of the NDP and calls for an integrated and holistic approach to safety and security across all government departments and civil society. However, the timeframes for implementation and responsible political authority are uncertain. Currently, the political authority and effective oversight of the White Paper is located within the Presidency with the CSPS providing a coordinating role to support implementation and facilitate engagements with civil society and Government on community safety.

 

The establishment of Community Policing Forums (CPFs) and Community Safety Forums (CSFs) has been a challenge since the adoption of a community policing approach post-1994. But it was only in October 2018, that an official Community Policing Strategy was launched by the SAPS. To date, there are CPFs attached to most police stations countrywide, but the functionality of these forums is questionable.

 

The eradication of gender based violence (GBV) and femicide was highlighted as a key focus area during both of the 2019 SONA’s. As part of an ongoing effort to address GBV, a Gender Based Violence and Femicide Council will be established and a National Strategic Plan developed to guide Government’s efforts. Another key aspect raised to reduce GBV is the capacitation and equipping the police and court system to support survivors of GBV.

 

The Civilian Secretariat for Police Service (CSPS) is mandated to produce bi-annual reports on the implementation of the Domestic Violence Act, 1998 (Act No 116 of 1998) (“DVA”). Although the CSPS produces these documents, the compliance levels of the SAPS remain very low.

 

The Medium Term Strategic Framework (MTSF) provides for the Secretariat’s strategic objectives to include the following:

  1. Enhancing stakeholder and community participation in safety and crime prevention;
  2. Developing policies for legislation for the effectiveness of the police service; and
  3. Regular monitoring of the implementation of legislation, policies and regulations.

 

The National Development Plan proposes that crime prevention and detection should be carried out through an integrated approach between state and non-state institutions, with active involvement from civil society. The emphasis on community partnerships and citizen participation in the fight against crime is a strategic priority for the Secretariat.

 

The outputs (strategic objectives) of the CSPS are directly linked to the following Strategic outcome oriented goals (outcomes), as reflected in the CSPS Strategic Plan for 2015-2020:

  • Strategic Goal 1: A well-advised and supported Minister for a service-delivery oriented police service that is accountable.
  • Strategic Goal 2: Quality. Timeous evidence-based strategic research, policy advice and legislative support to the Minister.
  • Strategic Goal 3: Deepened public participation in the fight against crime.
  • Strategic Goal 4: Enhanced accountability and transformation of the South African Police Service.

 

 

  1. CSPS BUDGET ANALYSIS AND PERFORMANCE TARGETS FOR 2020/21

 

BUDGET ANALYSIS

 

4.1. Overall budget allocation

The total Vote allocation to be appropriated by Parliament is categorised into the Main Budget Programmes and economic classification. The economic classification is divided into current payments, transfers and subsidies, payments for capital assets and payments for financial assets.

 

  • Current payments are payments made by the Secretariat for its operational requirements.
  • Transfers and subsidies are payments made by the Secretariat for which it does not directly receive anything in return.
  • Payments for capital assets are payments made by the Secretariat for an asset that can be used for more than one year, and from which future economic benefits or service potential are expected to flow.

 

The CSPS received a main appropriation of R156.3 million in 2020/21, which is a nominal increase of 9.2% (increase of R13.2 million). Taking inflation into consideration, the Department’s main appropriation increased by 4.62% in 2020/21 when compared to the previous financial year. The table below shows that 98.7% of the Department’s budget is for

Current payments, of which 72.5% is for Compensation of employees (R112.0 million). The remaining funds (R42.2 million) are appropriated for Goods and services.

 

In 2020/21, R200 thousand (0.2% of the total budget) is appropriated to Transfers and subsidies, which is made to the Safety and Security Sector Education and Training Authority (SASSETA). Payments for capital assets received R1.8 million in 2020/21, of which the majority is for Machinery and equipment.

 

Table 1: CSPS 2020/21 Budget summary

R million

2020/21

2021/22

2022/23

 

Total

Current payments

Transfers and subsidies

Payments for capital assets

Total

Total

MTEF allocation

Administration

69.4

68.4

0.2

0.8

74.0

77.2

Intersectoral Coordination and Strategic Partnerships

26.7

26.4

0.3

28.4

29.9

Legislation and Policy Development

24.8

24.5

0.3

26.4

26.5

Civilian Oversight, Monitoring and Evaluations

35.4

34.9

0.4

37.6

39.7

Total expenditure estimates

156.3

154.3

0.2

1.8

166.3

173.3

Source: National Treasury (2020)

 

Over the medium term, the Department will focus on:

  • Strengthening community participation in the fight against crime, by
  • Implementing crime prevention campaigns,
  • Hosting provincial imbizos and establishing additional community safety forums at the municipal level;
  • Strengthening regulation by developing new policies and legislation for the police sector; and
  • Monitoring the performance of the police service through oversight visits to police stations.

 

Expenditure increases at an average annual rate of 6.6%, from R143.1 million in 2019/20 to R173.3 million in 2022/23. Spending on Compensation of employees accounts for 71.5% (R355.9 million) of total expenditure over the medium term. However, allocations for Compensation of employees have been reduced by R676 000 in 2020/21 and R720 000 in 2021/22 in line with Government’s expenditure ceiling for Compensation of employees.

 

Despite these reductions, the Department’s funded establishment will increase from 153 posts in 2019/20 to 156 posts in 2022/23, due to the planned filling of vacant funded posts.

The Administration Programme received a Main Appropriation of R69.4 million in 2020/21, which is a nominal increase of 8.78% (considering inflation, it is a real increase of 4.19%) when compared to the previous financial year. The Administration Programme received 44.4% of the total budget allocation in the Department during 2020/21.

 

The Intersectoral Coordination and Strategic Partnerships Programme received a Main Appropriation of R26.7 million in 2020/21, which is a nominal increase of 7.23% when compared to the previous financial year. Proportionally, the Programme received 17.07% of the total budget allocation of the Department.

 

The Legislation and Policy Development Programme received a Main Appropriation of R24.8 million in 2020/21, which is a nominal increase of 13.24% (real increase of 8.47%). This is the largest increase in budget allocation across the four budget Programmes of the Department. Proportionally, the Programme received 15.87% of the total budget in 2020/21.

 

Table 2: Comparative changes in expenditure estimates by programme: 2019/20 to 2020/21

Programme

Budget

Nominal Increase / Decrease in 2020/21

Real Increase / Decrease in 2020/21

Nominal Percent change in 2020/21

Real Percent change in 2020/21

R million

2019/20

2020/21

 

 

Administration

63.8

69.4

5.6

2.7

8.78 %

4.19 %

Intersectoral Coordination and Strategic Partnerships

24.9

26.7

1.8

0.7

7.23 %

2.71 %

Legislation and Policy Development

21.9

24.8

2.9

1.9

13.24 %

8.47 %

Civilian Oversight, Monitoring and Evaluation

32.5

35.4

2.9

1.4

8.92 %

4.33 %

TOTAL

143.1

156.3

13.2

6.6

9.2 %

4.62 %

               

      Source: National Treasury (2020)

 

The Civilian Oversight, Monitoring and Evaluation Programme received a Main Appropriation of R35.4 million in 2020/21, which is a nominal increase of 8.92% when compared to the previous financial year. Proportionally, the Programme received 22.65% of the total Departmental budget in 202/21, which makes it the second largest budget allocation of all budget Programmes of the Department.

 

4.2        Budget allocation per programme

 

4.2.1. Programme 1: Administration

The Administration Programme’s budget allocation increased from R63.8 million in 2019/20 to R69.4 million in 2020/21, which is a nominal increase of 8.8%. Taking inflation into consideration, the Programme’s allocation increased by 4.19% when compared to the previous financial year.

 

Table 3: Budget allocation: Administration Programme per sub-programme

Programme

Budget

Nominal Increase / Decrease in 2020/21

Real Increase / Decrease in 2020/21

Nominal Percent change in 2020/21

Real Percent change in 2020/21

R million

2019/20

2020/21

 

 

Department Management

11.9

13.3

1.4

0.8

11.76 %

7.05%

Corporate Services

23.9

25.2

1.3

0.2

5.44 %

1.00%

Finance Administration

18.4

19.0

0.6

- 0.2

3.26%

-1.09%

Office Accommodation

4.6

7.1

2.5

2.2

54.35%

47.84%

Internal Audit

5.2

4.9

- 0.3

- 0.5

-5.77%

-9.74%

TOTAL

63.8

69.4

5.6

2.7

8.8%

4.19%

               

                                                                                                  Source: National Treasury (2020)

 

The Department Management sub-programme received an allocation of R13.3 million in 2020/21, which is a nominal increase of 11.76% when compared to the previous financial year. Proportionally, the sub-programme received 19.6% of the Programme’s total budget allocation in 2020/21.

 

The Corporate Services sub-programme received a budget allocation of R25.2 million in 2020/21, which is a nominal increase of 5.44% when compared to the previous financial year. Proportionally, the sub-programme received the largest allocation at 36.31% in 2020/21.

 

The Finance Administration sub-programme received a budget allocation of R19 million in 2020/21, which is a nominal increase of 3.26%. However, when taking inflation into account, the sub-programme’s allocation shows a real decrease of 1.09% in 2020/21 when compared to the previous financial year. Proportionally, the sub-programme received 27.38% of the total budget allocation of the Administration Programme.

 

The Office Accommodation sub-programme receive an allocation of R7.1 million in 2020/21, which is a nominal increase of 54.35% when compared to the previous financial year. This is because the Department moved out of the office accommodation provided by the SAPS into separate accommodation for which Department pays market-related prices. Proportionally, the sub-programme received 10.23% of the total budget allocation of the Administration Programme.

 

The Internal Audit sub-programme received an allocation of R4.9 million in 2020/21, which is a nominal decrease of 5.77% and a real decrease of 9.74% in real terms (inflation considered). Proportionally, the sub-programme received 7.06% of the total budget of the Administration Programme.

 

4.2.2. Programme 2: Intersectoral Coordination and Strategic Partnerships

 

The Intersectoral Coordination and Strategic Partnerships Programme received a Main Appropriation of R26.7 million in 2020/21, which is a nominal increase of 7.2%. Considering inflation, the Programme received a real increase of 2.71%. The Programme received 17.08% of the total Departmental budget allocation in 2020/21.

 

Table 4: Budget allocation: Intersectoral Coordination and Strategic Partnerships Programme per sub-programme

Programme

Budget

Nominal Increase / Decrease in 2020/21

Real Increase / Decrease in 2020/21

Nominal Percent change in 2020/21

Real Percent change in 2020/21

R million

2019/20

2020/21

 

 

 

Intergovernmental, Civil Society and Public-Private Partnerships

21.2

22.5

1.3

0.4

6.13%

1.66%

Community Outreach

3.7

4.2

0.5

0.3

13.51%

8.73%

TOTAL

24.9

26.7

1.8

0.7

7.2%

2.71%

Source: National Treasury (2020)

 

The Intergovernmental, Civil Society and Public-Private Partnerships sub-programme received a budget allocation of R22.5 million in 2020/21, which is a nominal increase of 6.13% when compared to the previous financial year. Proportionally, the sub-programme received 84.27% of the total budget allocation of the Programme.

 

The Community Outreach sub-programme received R4.2 million in 2020/21, which is a nominal increase of 13.51% when compared to the previous financial year. Proportionally, the sub-programme received 15.73% of the total budget allocation of the Programme in 2020/21.

 

4.2.3. Programme 3: Legislation and Policy Development

 

The Legislation and Policy Development Programme received a Main Appropriation of R24.8 million in 2020/21, which is a nominal increase of 13.2% when compared to the previous financial year. Considering inflation, the Programme’s allocation shows a real increase of 8.47%. Proportionally, the Programme received 15.87% of the Department’s total budget allocation in 2020/21.

 

Policy Development and Research sub-programme received a budget allocation of R16.7 million, which is a substantial nominal increase of 14.38% in 2020/21. The sub-programme received the largest portion of the total budget allocation of the Programme at 67.34%.

The Legislation sub-programme received a budget allocation or R8.1 million in 2020/21, which is a nominal increase of 10.96% (real increase of 6.28%). The sub-programme received 32.66% of the total budget allocation of the Programme.

 

Table 5: Budget allocation: Legislation and Police Development Programme per sub-programme

Programme

Budget

Nominal Increase / Decrease in 2020/21

Real Increase / Decrease in 2020/21

Nominal Percent change in 2020/21

Real Percent change in 2020/21

R million

2019/20

2020/21

 

 

Policy Development and Research

14.6

16.7

2.1

1.4

14.38%

9.56%

Legislation

7.3

8.1

0.8

0.5

10.96%

6.28%

TOTAL

21.9

24.8

2.9

1.9

13.2%

8.47%

Source: National Treasury (2020)

 

4.2.4. Programme 4: Civilian Oversight, Monitoring and Evaluation

The Civilian Oversight, Monitoring and Evaluation Programme received a Main Appropriation of R35.4 million in 2020/21, which is a nominal increase of 8.9%. Proportionally, the Programme received 22.65% of the total budget allocation of the Department in 2020/21.

 

Table 6: Budget allocation: Civilian Oversight, Monitoring and Evaluation Programme per sub-programme

Programme

Budget

Nominal Increase / Decrease in 2020/21

Real Increase / Decrease in 2020/21

Nominal Percent change in 2020/21

Real Percent change in 2020/21

R million

2019/20

2020/21

 

 

Police Performance, Conduct and Compliance

15.5

17.3

1.8

1.1

11.61%

6.91%

Policy and Programme Evaluations

5.5

5.8

0.3

0.1

5.45%

1.01%

Information Management

2.2

1.4

- 0.8

- 0.9

-36.36%

-39.05%

Office of the Directorate for Priority Crime Investigation Judge

5.8

7.1

1.3

1.0

22.41%

17.25%

National Forensic Oversight and Ethics Board

3.4

3.8

0.4

0.2

11.76 %

7.05%

TOTAL

32.5

35.4

2.9

1.4

8.9 %

4.33 per cent

Source: National Treasury (2020)

 

The changes in the budget allocations for sub-programmes are interesting, especially that of the Office of the Directorate for Priority Crime Investigation Judge sub-programme. The sub-programme received a budget allocation of R7.1 million in 2020/21, which is a nominal increase of 22.41% (real increase of 17.25%). The sub-programme received 20.06% of the total budget allocation of the Programme which is the second highest allocation. This is stark contrast to the significant nominal decrease of -36.36% in the allocation to the Information Management sub-programme. Effectively, the sub-programme received R800 thousand less than the previous financial year.

 

The Police Performance, Conduct and Compliance sub-programme received a budget allocation of R17.3 million in 2020/21, which is a nominal increase of 11.61% when compared to the previous financial year. Proportionally, the sub-programme received the largest portion of the total budget allocation of the Programme (48.87%).

 

The National Forensic Oversight and Ethics Board sub-programme received a budget allocation of R3.8 million in 2020/21, which is a nominal increase of 11.76% when compared to the previous financial year. Proportionally, the sub-programme received 10.73% of the total budget allocation of the Programme.

 

 

4.3        PERFORMANCE ANALYSIS

 

This section provides a summary of the performance indicators and targets of the four budget programmes of the Department. The section further highlights key concerns for consideration of Parliament during the 2020/21 budget hearings of the Department.

 

In 2020/21, the Department has 29 performance indicators, of which four are new indicators. As such, most performance indicators were contained in the previous year’s APP and the targets attached to the performance indicators did not change and remained static. The Department should endeavour to increase performance targets to improve service delivery performance.

 

4.3.1     Five-year outcome based indicators

The 2020-2025 Strategic Plan of the Department highlights the intended outcomes that are in line with the MTSF priorities. These include -

Outcome

Outcome indicator

Baseline

Five-year target

Improved community participation in the fight against crime

Number of Community Safety Forums (CSFs)

42

45

Improved community police relations

Number of functional Community Policing Forums (CPFs)

543

695

Improved collaboration, coordination and integration on safety, crime and violence prevention within the three spheres of Government

Percentage community satisfaction with government in relation to safety

New

50%

Transformed and accountable police service

Increased levels of households satisfied with the service provided by the police.

54.9%

60%

Reduced number of civil claims against the police

New

50%

Increased levels of community trust in the police

New

50%

Reduced number of SAPS misconduct cases recommended for disciplinary action by the IPID

New

50%

Source: CSPS Strategic Plan 2020-2025

 

The work of the CSPS contributes towards the achievement of Priority 5 of the MTSF and the mandate of the Department as follows:

 

  • By drafting Bills, improving the integrity of the police and by addressing additional policing powers, international obligations relating to combating crime and issues such as community policing forums and the protection of the communities including priorities in relation to women, children, youth and people with disabilities.
  • By ensuring an improved and transformed SAPS and concomitant policing services to communities, as well as through improved collaboration and integration of Government and civil society services.
  • Through the provision of evidence-based policy and research in order to advise the Minister of Police on enhancing efficient and improved policing that will work toward the promotion of safer communities.

 

4.4        Programme 1: Administration

The purpose of the Administration Programme is to provide strategic leadership, management and support services to the Department. For the 2020/21 financial year, six performance indicators were identified. The Programme has two new performance indicators and removed two indicators that were included in the 2019/20 financial year.

 

4.4.1     Sub-programme: Department Management

1) Four joint consultative IPID/ Secretariat forum meetings held per year in compliance with the Civilian Secretariat for Police Service Act, 2011.

 

4.4.2     Sub-programme: Corporate Services

2) Maintain vacancy rate of not more than 7% of the total post establishment. This target has improved from a vacancy rate of 10% in 2018/19 to 7% in 2019/20.

3) New: Percentage of implementation of the Human Capital Strategy (Target 100%)

4) New: Implementation of the Information and Communication Technology (ICT) Strategy (Target of 100% implementation).

 

4.4.3     Sub-programme: Finance Administration

5) 100% of payments made to creditors within 30 days;

6) 98% of expenditure in relation to the allocated budget. This target was increased from 95% in 2018/19 to 98% in 2019/20. Expenditure against the allocated budget has been a challenge for the Departments as continuous underspending has occurred in past years.

In 2020/21, two performance indicators were removed from the APP, including:

  • 100% of Internal Audit recommendations implemented
  • 100% of External Audit recommendations implemented

 

 

4.4.5     Programme 2: Intersectoral Coordination and StrategicPartnerships

 

The purpose of the Intersectoral Coordination and Strategic Partnerships Programme is to manage and encourage national dialogue on community safety and crime prevention. For the 2020/21 financial year, the Programme has six performance indicators.

 

4.4.6     Sub-programme: Intergovernmental, Civil Society and Public-Private Partnerships

  1. Two memoranda of understanding (MoUs) signed with stakeholders in order to build safer communities.
  2. Nine workshops facilitated with Provincial Secretariats and municipalities on the establishment of Community Safety Forums (CSFs).
  3. Nine provincial capacity-building sessions held on crime prevention policies per year.
  4. Three anti-crime campaigns conducted per year.
  5. Two monitoring reports on implementing Community Policing Forum (CPF) regulations/standards approved by the Secretary.

 

Removed: The performance indicator on the number of partnership strategies approved by the Secretary was removed in the 2020/21 financial year.

 

4.4.7     Sub-programme: Community Outreach

  1. Eight izimbizo/public participation programmes held with communities to promote community safety.

 

4.5        Programme 3: Legislation and Policy Development

The purpose of the Legislation and Policy Development Programme is to develop policy and legislation for the police sector and to conduct research on policing and crime. For the 2020/21 financial year, the following performance targets were identified:

 

4.5.1     Sub-programme: Policy Development and Research

  1. One policy on policing submitted to the Minister of Police for approval per year (target reduced from three policies in the 2019/20 financial year).
  2. One research report on policing approved by the Secretary for Police Service per year; and
  3. One newsletter (gazettes) published on SaferSpaces per year.
  4. New: One Integrated Violence and Crime Prevention strategy submitted to the Minister for approval.
  5. New: One report on facilitating implementation of the White Paper on Safety and Security submitted to the Secretary for approve.

 

4.5.2     Sub-programme: Legislation

6) Two Bills submitted to the Minister for Cabinet approval per year.

 

4.6        Programme 4: Civilian Oversight, Monitoring and Evaluation

The purpose of the Civilian Oversight, Monitoring and Evaluation Programme is to oversee, monitor and report on the performance of the SAPS.

 

For the 2020/21 financial year, the following performance targets were identified:

 

 

4.6.1     Sub-programme: Police Performance, Conduct and Compliance Monitoring

 

  1. Four Police Station Oversight Report approved by the Secretary. The target increased from two such reports in 2019/20.
  2. One Police Station Service Delivery Trends Analysis Report approved by the Secretary for Police Service per year.
  3. One SAPS Budget and Programme Performance Assessment Report approved by the Secretary for Police Service per year.
  4. Two Assessments Reports on Complaints Management approved by the Secretary for Police Service per year.
  5. Two reports on SAPS Implementation of IPID Recommendations approved by the Secretary for Police Service per year
  6. Two Compliance Monitoring Reports on the implementation of the Domestic Violence Act, 1998 by SAPS approved by the Secretary for Police Service per year.
  7. One report on the implementation and compliance to legislation and policies approved by the Secretary.
  8. One assessment report on Litigation Management approved by the Secretary.
  9. Four reports on the functioning of the National Forensic DNA Database assessed per year.
  10. A key concern is that the Office of the Directorate for Priority Crime Investigation (DPCI) Judge was also incorporated as a sub-programme, but has no measurable performance indicators despite a budget allocation.

 

4.6.2     Sub-programme: Policy and Programme Evaluations

  1. One assessment report on establishment and functionality of CSFs approved by the Secretary for Police Service per year.
  2. One Customer Satisfaction Survey Reports approved by the Secretary for Police Service per year

 

5. COMMITTEE OBSERVATIONS

 

The Committee made the following observations on the strategic priorities of the Civilian Secretariat during the 2020/21 budget hearings:

 

5.1 General

 

Provincial budgets

Members questioned the Department on the levels of cooperation with Provincial Secretariats and the budgets of the Provincial Secretariats. Of concern was the efficacy of the Civilian Secretariat in implementing its programme and mandate in the provinces. Members also questioned what training was provided in Provincial Secretariats on Community Safety Forums (CSFs).

 

Police Inspectorate

Members of the Committee wanted to know if the Civilian Secretariat has drafted any policy document that deals with the independence of the Police Inspectorate, given its oversight role over the police.

 

DNA Board

Members questioned the fact that the DNA Board has come to the end of its term and wanted assurances from the Civilian Secretariat that a new board would be instituted, or that the Secretariat would assume the function of the Board. It was pointed out that there was no mention of the DNA Board in the presentation and Members wanted the Secretariat to provide reasons why this was the case.

 

Use of CPFs during Lockdown

The Committee questioned why the CPFs were not classified as emergency personnel by the Regulations. This was cause for concern because there was confusion with some provinces using CPFs and SAPS indicating that they were not emergency personnel. Given the fact that the mission of the Civilian Secretariat was effective civilian oversight, the Department was asked to explain how they were going to change the situation to allow CPFs to assist during the lockdown.

 

Community partnerships

The Committee noted that it appeared that there are some challenges that are experienced by the Secretariat in relation to sustainable community partnerships. Members wanted to know what the outcome, risks and mitigations were in relation to community partnerships were and what challenges the Department was experiencing with community partnerships.

 

Re-prioritisation of the budget

Committee Members raised concerns about the intended R13.5 million cut in the budget of the Secretariat and wanted to know how the Department was going to re-prioritise the budget under the circumstances. An example of this would be fact of the loss of public trust in the SAPS as a result of the flood of public complaints. Members wanted to know how the Secretariat would advise about changing this perception. 

 

Attainment of Strategic Focus and Vision

 The Committee noted that the strategic focus and vision of the Civilian Secretariat are a transformed and accountable police service. Members questioned how the Department would achieve that in view of the fact that the Department only had three or four meetings with the SAPS per year since the 2016/17 financial year. Members wanted to know whether the Department was going to develop a report and if there was going to be survey or census at police stations. In addition, the Crime Prevention Strategy was not implemented.  Members wanted answers why the Secretariat was not achieving its focus areas and strategies and the department was asked to indicate which government departments were not co-operating.

 

Domestic Violence indicators

The Committee questioned why there was no sign language interpreters at police stations when people wanted to report Domestic Violence. There was no indicator in the APP of the capacity of the Department for people with disabilities. The Civilian Secretariat should take the monitoring of the Domestic Violence Act, 1998 (Act No 116 of 1998)(DVA) seriously as it is managed at police stations. Members questioned what indicators on monitoring reports of DVA are being put in place given that domestic violence is a critical area, and there have been increased reporting of domestic violence.

 

Implementation of Audit Findings

The Committee noted that there was a decline in the audit implementation since the 2018/19 financial year and that the Auditor General (AG) audit findings were not implemented. Members wanted the Secretariat to provide reasons for the non-implementation of audit findings. The Committee also expressed its dissatisfaction with the removal of the of 100% implementation audit findingsperformance target and the Department was asked to provide an explanation.

 

COVID-19 pandemic

The Committee questioned what measures the Secretariat have put in place to mitigate the effects of the COVID-19 pandemic on the Department. This was important as there were intended budget cuts on Goods and Services by National Treasury, and there would be implications and consequences for the Department. The Department was asked to provide a report on such measures.

 

DPCI Judge

The Committee questioned what the relationship between the DPCI Judge and the SAPS was and why the DPCI Judge decided to cancel four community engagements. This was concerning in view of the fact that the public was required to have access to the DPCI Judge and needed to know about his role and function in order to have effective oversight over the DPCI. The Department was asked to explain the reason for this.

 

SAPS Misconduct

The Committee wanted the Department to play its role with respect to SAPS officials that become involved in disciplinary cases. The members appealed to the Department to make sure that the number of officials who become involved in misconduct is reduced.

 

Litigation Management database

Members questioned whether the Department had access to the SAPS’ litigation management database so that it could be used to do proper oversight, monitoring and evaluation with respect to civil claims against the police. The Department was asked if they did not have access to the database, why they did not have access to it.

 

Firearms Control Amendment Bill

Members wanted to know what progress was made with respect to amendments of the Firearms Control Act and when such an Amendment Bill will be tabled.

 

 

Station Oversight Visits

The Committee questioned what oversight plans the Department had in relation topolice stations like Woodstock police station where there are several allegations of corruption and the Botriver police stations that as one vehicle.

 

Department responses

The Department responded by stating that in terms of the government’s monitoring and reporting framework, all departments should have its own monitoring function. The Police Inspectorate fulfill that role in the SAPS. The Civilian Secretariat provides independent oversight. In this respect, the National Commissioner has a responsibility to monitor his own Department. The Civilian Secretariat works with the Inspectorate.

 

The Minister of Police is finalising the new DNA Board and the Department is waiting for the Ministers of Health and Justice and Correctional Services to appoint their representatives on the DNA Board and to assist with appointing a Chairperson of the Board. The Department has a Memorandum of Understanding (MOU) on how they intend to work with the Board. The outgoing Board has prepared a comprehensive handover report and the Chairperson of the Board has indicated that they would make it available to the Committees.

 

As far as the COVID-19 pandemic was concerned, the Departmenthas been declared an essential service by the Minister of Public Service and Administration. The Civilian Secretariat has quarterly meetings with the IPID on the domestic violence statistics and they analyse the reports, before making it available and advising the Minister.The Committee indicated that it required the quarterly reports on the meetings with IPID.

 

The Secretariat reported that they sometimes have targets represented as one as sometimes research reports takes a lot of time. Comprehensive work and consultation must be undertaken before such research report is finalised and published.

 

The Department has undertaken a survey at police stations and there is a report that has been shared with the Minister and National Commissioner. The Department has monitored 288 police stations and each station must develop its own station improvement plan.One of the areas that has as a result been identified, is the detective services, which the Department will be focussing on.

 

As far as the DVA, the Department has identified a need for pro-activeness to assist the SAPS and they have established a compliance forum at national and provincial levels. The Department indicated that it works closely with the SAPS to resolve issues and they educate and sensitize SAPS members.The staff of the Department did not have the capacity for sign language and the SAPS have indicated that they usually invite people to assist them with sign language.

 

Apart from the four meetings held annually with the IPID, there are also monthly meetings where issues of concern are addressed.

 

The Integrated Crime and Violence Prevention Strategy gives effect to the White Paper of Safety and Security. An implementation framework has been concluded and the Department is busy consulting all three spheres of government. These consultations are being undertaken through virtual platforms and the intention is to complete it by December 2020. There were no problems being experienced with any sphere of government as far as the consultations are concerned. The South African Local Government Association (SALGA) are facilitating the consultations sessions.

 

The Minister of Police has approved the Firearms Control Amendment Bill for consultation. The lockdown has prevented the Directors-General meeting. The Department will report progress for Cabinet approval and for public consultation.

 

The re-prioritisation of budgets has been a challenge and the Department suggested to the National Treasury that instead of making the budget cuts in one go, it considers staggering it.     

 

The Department reported that they suggested that the CPFs be utilised during the COVID-19 pandemic lockdown period. The SAPS declined and indicated that it will use the reservists instead and that the CPFs were not essential services. The SAPS demobilised the CPFs.The Deputy Minister said that the issue would be taken to the NAJOINTS structure to review.

 

The DPCI Judge cancelled the programmes that should be implemented.

 

The Department indicated that the training content for CSF training in the provinces is guided by White Paper on Safety and Security, and there is collaboration with provincial community safety departments, mayors and councillors. They should establish the CSF structures as the Civilian Secretariat works a MOU and the Cooperative Government and Traditional Affairs Department. The Department reported that if community structures such as CPFs are not active, it means that the police station cannot be monitored effectively.

 

 

6.         RECOMMENDATIONS AND ADDITIONAL INFORMATION

 

This section provides a summary of the recommendations made by the Committee and also a summary of the additional information requested during the 2020/21 budget hearings.

 

6.1        Additional information

The Committee requested additional information (to be submitted within six months) through written responses to supplement the information gathered during hearings on the 2020/21 budget hearings of the CSPS:

  • The CSPS must submit a written copy of its revised legislative schedule with respect to the SAPS Amendment Bill and the Firearms Control Amendment Bill.
  • The CSPS must provide the Committee with a report on the reasons for the DPCI Judge cancelling his engagement meetings with the community.
  • The CSPS must provide the Committee with a copy of the station survey report.

 

6.2        RECOMMENDATIONS

The Committee made several recommendations to the CSPS during the 2020/21 budget hearings. These included the following:

 

6.2.1     Budget recommendations:

  1. The Committee commends the CSPS for finally having its own Budget Vote (Vote 21) and suggests that the financial architecture for the CSPS to govern its own finances be strengthened to lessen its dependence on the SAPS financial infrastructure.
  2.  The Committee recommends that the Secretariat should in future include the budgetbreakdown of the Provincial Secretariats in its Annual Performance Plan and Budget Report.

 

  1. The Committee recommends that the Civilian Secretariat re-inserts the targets removed from the APP with respect to the implementation of Audit Findings.

 

  1. The Committee recommends that the Civilian Secretariat develops a report on the impact of the COVOD-19 pandemic on its budget and operations. 

 

6.2.2   Performance recommendations:

 

  1. The Committee recommends that the Civilian Secretariat reviews the performance indicators and re-inserts those targets and indicators, which it took out of the APP, especially those targets which has a serious impact on reducing violent crime. 

 

  1. The Committee recommends that the CSPS should provide the Committee with an updated legislative schedule submitted to the office of the Leader of Government Business in the National Assembly. The Committee expects the Department to prioritise the SAPS Amendment Bill.

 

  1. The Committee recommends that the Secretariat explores ways and means to work more closely with the SAPS Inspectorate to strengthen the monitoring and evaluation of the police.

 

  1. The Committee recommends that the Secretariat improves co-operation with the Provincial Secretariats.

 

  1. The Committee recommends that the Secretariat, through the NATJOINTS,facilitates the involvement of the CPFs as emergency workers to support the police in their interaction with the communities.

 

  1. The Committee recommends that the Executive Authority finalises the appointment of the new DNA Board.

 

  1. The Committee recommends that the Secretariat reviews the risks, outputs and impact in its community partnership programme and develop better indicators in its APP.

 

  • The Committee recommends that the Civilian Secretariat reviews its strategic priorities such as the failure to implement the Integrated Crime and Violence Prevention Strategy and thoroughly evaluate its strategic targets and the capacity to attain it.

 

  1. The Committee recommends that the Civilian Secretariat endeavours to access the SAPS litigation management database to assist with a reduction in civil claims against the police.

 

  • The Committee recommends that the Civilian Secretariat conducts station oversight visits on the Woodstock and Botriver police stations as soon as it is possible.

 

  • The Committee recommends that the Secretariat prioritise its focus on developing ways to pro-actively assist the SAPS with strengthening compliance to the DVA.

 

  1. The Committee recommends that the Civilian Secretariat improves its relationship with the DPCI Judge.

 

7.         CONCLUSION

 

The Portfolio Committee on Police has for the first time considered the Budget, APP and Strategic Plan (2020-2025) of the Civilian Secretariat for Police under very different circumstances. The effects and impact of the COVID-19 pandemic has forced the Committee to conduct virtual meetings with the departments it oversees.

 

The engagement with the Department has been welcomed by the Committee and the Civilian Secretariat was encouraged to strengthen the community partnerships with the police and particularly CPFs.

 

The Committee was further encouraged by the Deputy Minister who promised to have the issue of CPF involvement and support for police officers during the lockdown period through classification of CPFs as emergency workers, facilitated by the Civilian Secretariat. The Portfolio Committee on Police supports Budget Vote 21 of the Civilian Secretariat for Police Services and recommends the budget be adopted.

 

The Democratic Alliance and the Economic Freedom Fighters reserved its rights with respect to the adoption of the report.

 

Report to be considered.