ATC201125: Budget Review and Recommendation Report of the Portfolio Committee on Police of the Civilian Secretariat for Police Services (CSPS) performance for the 2019/2020 financial year dated 25 November 2020

Police

Budget Review and Recommendation Report of the Portfolio Committee on Police of the Civilian Secretariat for Police Services (CSPS) performance for the 2019/2020 financial year dated 25 November 2020.

 

1.         Introduction

The Portfolio Committee on Police, having considered the Annual Report and financial information of the Civilian Secretariat for Police, reports as follows:

The Money Bills Procedures and Related Matters Amendment Act, (Act 9 of 2009) requires that the Budget Review and Recommendation Report (BRRR) for the Civilian Secretariat for Police (the Department), be tabled in October every year.

This report is the culmination of the information of the Quarterly Performance Reports of the Civilian Secretariat for Police Services (CSPS), the Annual Report and the audited financial information. This year has been different because the Minister of Finance agreed to exemptions to allow departments to hand in their Annual Reports in the middle of November 2020. The report provides an annual assessment of the performance of the Department for the 2019/20 financial year.

 

1.1        Mandate of the Committee

The mandate of the Committee therefore is to fulfil its constitutional function to:

• Pass legislation;
• Scrutinise and oversee executive action and the organs of state including the South African Police Service (SAPS), the Civilian Secretariat for Police Service (CSPS), the Independent Police Investigative Directorate (IPID) and the Private Security Industry Regulatory Authority (PSIRA);
• Facilitate public participation and involvement in the legislative and other processes; and
• Engage, participate and oversee international treaties and protocols.

 

1.3        Purpose of the Budget Review and Recommendation Report

In terms of Section 5 of the Money Bills Amendment Procedures and Related Matters Act, No.

9 of 2009, the National Assembly, through its Committees, must annually compile Budgetary

Review and Recommendations reports (BRRR) that assess service delivery and financial

performance of departments and may make recommendations on forward use of resources. The

BRRR is also a source document for the Committees on Appropriations when considering and

making recommendations on the Medium Term Budget Policy.

 

The Money Bills Amendment Procedures and Related Matters Act, section 5 (3) highlights

focus areas on the budgetary review and recommendation report as:

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

 

This report is structured as follows:

Section 1: Mandate of the Committee. This sections sets out the mandate of the Committee, the purpose of this report (Budgetary Review and Recommendation Report) and the process to develop this report.

 

Section 2: Overview of key policy focus areas. This section includes the policy determinations of the National Development Plan (NDP), Medium Term Strategic Framework (MTSF), Annual Performance Plan (APP) and Strategic Plan (2020 -2024) priorities stated by the President during his State of the Nation Address (SONA), the Medium Term Strategic Framework and key departmental policy areas and key priorities for the 2019/20 financial year. 

 

Section 3: Report of the Auditor-General of SA (AGSA). This section provides an explanation for the non-inclusion of the AGSA Report. 

 

Section 4: Performance overview. This section provides an overview of Departmental performance on predetermined key performance indicators and targets.

 

Section 5: Committee observations: This section provides a summary of the observations made by the Committee during the 2019/20 Quarterly Report hearings.

 

Section 6: Committee recommendations

The Committee held hearings with the Department on 13 October 2020 to consider its Quarterly Reports for the Fourth Quarter 2019/20 and First Quarter 2020/2021. It also used documents from its 2019/2020 Budget Report, National Development Plan (NDP), Medium Term Strategic Framework (MTSF), SONA priorities, Ministerial priorities, Departmental priorities, and Committee research documents to develop this report.  

 

2.         OVERVIEW OF KEY FOCUS AREAS

 

2.1        The National Development Plan (NDP)

The National Development Plan sets out the policy for policing and the country’s development agenda until 2030. Amongst the key themes for policing, the NDP is clear on the type of policing changes that are needed for policing to be effective and professional.

The NDP lists five priorities for policing in its Vision 2030 scenario:

 

1) Strengthen the Criminal Justice System

2) Make the Police Service Professional

3) Demilitarise the Police

4) Build Safety Using an Integrated Approach

5) Increase Community Participation in Safety 

 

Strengthening the criminal justice system is an imperative requirement for the public to have confidence in the police and ensure greater safety and it speaks to the Medium Term Strategic Framework (MTSF) Outcome 3: “All people are and feel safe.”  Given that 2020 was the start of the MTSF for 2020-2024, the performance and delivery of the target outcomes have been adjusted. The CJS must provide swift, equitable and fair justice in criminal matters and effectively deter crime on a sustainable basis is also closely linked to the NDP and forms one of the five focus areas of the NDP.

 

2.2        Medium Term Strategic Framework (2019-2024)

The MTSF (2019-2024) is the implementation and monitoring framework for the NDP and is premised on three foundational pillars: a strong and inclusive economy, capable South Africans and a capable developmental state.

 

The MTSF proposes that the focus should be on implementation through getting all three spheres of government to work collaboratively. A district development model will be implemented to coordinate implementation at local level. The new model bridges the gap between the three spheres of government to ensure better coordination, coherence and integration of government planning and interventions.

There are seven priorities laid out in the MTSF as follows:

• Priority 1: Capable, Ethical and Developmental State
• Priority 2: Economic Transformation and Job Creation
• Priority 3: Education, Skills and Health
• Priority 4: Consolidating the Social Wage through Reliable and Quality Basic Services
• Priority 5: Spatial Integration, Human Settlements and Local Government
• Priority 6: Social Cohesion and Safer Communities
• Priority 7: A Better Africa and World

 

The seven priorities are further linked to 81 outcomes, 337 interventions and 561 indicators.

 

The Civilian Secretariat plays a significant role in attaining Priority 6 outcomes with respect to Social Cohesion and the building of partnerships to fight crime. The delivery mechanism to attain social cohesion and fighting crime is through the reduction of levels of contact crime through a reduction of crimes against women and children, implementing the draft integrated crime and violence prevention strategy after consultation. It implies strengthened community partnerships, increased police visibility and increased trust in the police. The Secretariat has a direct role in building such partnerships through community police forums and community safety forums in the community to increase trust in the police.   

 

2.3        State of the Nation priorities

The President, in his State of the Nation Address (SONA) has developed seven priorities for the new administration during the MTSF period:

 

1.         Economic transformation and job creation;

2.         Education, skills and health;

3.         Consolidating the social wage through reliable and quality basic services;

4.         Spatial integration, human settlements and local government;

5.         Social cohesion and safe communities;

6.         A capable, ethical and developmental state; and

7.         A better Africa and World.

 

During the SONA speech, the President outlined the following priorities with respect to policing:

• Violent crime is at least halved over the next decade;
• Increase police visibility by employing more policewomen and men, and to create a more active role for citizens through effective community policing forums;
• End Gender-based Violence and Femicide (GBVF) through working towards the establishment of the GBVF Council and a National Strategic Plan;
• Improve success rates in investigating and prosecuting crimes, and to ensure better training and professionalisation throughout the criminal justice system.
• Capacitating and equipping the police and court system to support survivors of gender-based violence; and
• Implementation of the National Anti-Gang Strategy and the revised National Drug Master Plan;

 

2.4        Ministerial Priorities

The Minister of Police, Hon Bheki Cele highlighted the following policing priorities for 2019/20:

 

1. The Department must play a central role in contributing to the attainment of Vision 2030 to fight Gender Based Violence (GBV) as we enter the last decade of the National Development Plan (NDP), continuing to strive for a state wherein all people, particularly women and children, are and feel safe.
2. The elements of integration, collaboration and coordination across the spheres ofgovernment and society at large, are what is most needed to effectively tackle the issue of the 17 community reported crimes.
3. Towards the professionalisation of the South African Police Service (SAPS) and the modernisation of its approaches, the e-Policing Framework was completed duringthe year under review.
4. The Department should prioritise the South African Police Service Act Amendment Bill.
5. In monitoring compliance by the police to COVID-19 regulations, the CSPS sought to ensure that SAPS’ operations took place within a framework of human rights and citizen engagement
6. The CSPS will focus on the finalisation and implementation of the Integrated Crime and Violence Prevention Strategy.
7. The Department will also ensure the implementation of the Partnership Strategy and Framework, which aims to mobilise key role-players and harness the social capital in communities by facilitating greater involvement of various community safety structures in the fight against crime.

 

2.5        Civilian Secretariat Priorities

The priorities for the Civilian Secretariat for the 2019/20 is listed as follows:

 

• Strengthen the policing environment through the development of legislation, policy and research; facilitate collaboration between government and civil society in crime prevention efforts; and promote accountability and transformation of the South African Police Service (SAPS) by providing effective and efficient monitoring and evaluation.
• To take civil society and communities at large into our confidence about the nature and extent of the trust in the police problem, and also involve them in a complex process of addressing the root causes thereof.
• Appropriate policy responses are also key to institutionalising a ‘whole of society’ approach to crime and violence prevention and providing the police with the necessary instruments to execute their constitutional mandate in this regard.
• The development and implementation of the Business Continuity and Disaster Recovery Plan in order to mitigate against the impact of unexpected crises such as COVID-19.
• The Department will also place concerted efforts on the finalisation of key legislation, policies and strategies that will have a high impact in this respect such as the SAPS Act Amendment Bill, in particular.
• Implementing a Partnership Strategy and Framework to strengthen engagements with key stakeholders and galvanise communities on crime prevention initiatives.
• Implementing an integrated Human Capital Strategy and related operational excellence strategies.

 

3.         REPORT OF THE AUDITOR GENERAL OF SOUTH AFRICA (AGSA)

The Department received an unqualified audit opinion with no material findings on performance, but had a matter of emphasis on the material underspending recorded at year-end (as with the previous financial year) and material findings on internal control deficiencies. In 2017/18 and 2018/19, the Department received an unqualified audit opinion, with no material findings (clean audit), as such, the performance of the Department regressed in 2019/20.

 

In terms of the matter of emphasis, the AG identified material underspending of the budget in that the Department materially underspent the budget by R5.617 million, of which R2.199 million was on Programme 1 (R1.365 million in 2018/19) and R2.615 million on Programme 4 (R2.615 million in 2018/19). The underspending was largely from underspending on compensation of employees (COE). During the previous engagement (on 13 October 2020), the Department attributed this to the high turnover rate. However, the table below shows that COE had contributed significantly to underspending in the Department, especially from 2016/17 to 2018/19.

Table 1: Underspending by the CSPS (total and COE)

Financial year	Underspending on total final appropriation		Underspending on final appropriation on COE		Contribution of COE to total underspending
	Expenditure as a % of total final appropriation	Variance on total final appropriation (R’000)	Expenditure as a % of final appropriation for COE	Variance on COE (R’000)
2014/15	66.6%	17 403	87.8%	8 451	48.5%
2015/16	89.8%	1 292	98.8%	814	63%
2016/17	89.9%	11 152	83.8%	12 847	115.1%
2017/18	94.4%	6 328	93.4%	5 819	79.1%
2018/19	94.4%	7 355	93.9%	5 987	81.1%
2019/20	96.3%	5 617	97.2%	2 829	50.4%

Source: CSPS Annual Reports 2014/15 to 2019/20

 

 

The AG made no material findings on the reliability and usefulness of reported performance.

In terms of compliance to legislation, the AG made a material finding on consequence management. The AG was unable to obtain sufficient appropriate audit evidence that disciplinary steps were taken against officials who had incurred fruitless and wasteful expenditure as required by section 38(1)(h)(iii) of the PFMA. This was due to the Department not keeping proper and complete records as evidence to support the investigations into fruitless and wasteful expenditure. In turn, this led to the AG pronouncing internal controldeficiencies, as the leadership of the Department did not conduct investigations relating to fruitless and wasteful expenditure.

 

4.         FINANCIAL OVERVIEW 2019/20

At the end of the 2019/20 financial year, the CSPS had spent R137.8 million or 96.1% of its Adjusted Appropriation budget of R143.1 million, thus recording underspending of R5.6 million.

Table 2: Appropriation statement 2018/19

Programme R’000	Adjusted Appropriation	Virement	Final appropriation	Actual Expenditure	Variance	% Spent
1. Administration	63 783	260	64 043	61 844	2 199	96.6%
2. Intersectoral Coordination and Strategic Partnerships	24 871	2 237	27 108	26 807	301	98.9%
3. Legislation and Policy Development	21 943	(1 775)	20 167	20 000	168	99.2%
4. Civilian Oversight, Monitoring and Evaluations	32 454	(722)	37 732	28 783	2 949	90.7%
Total	143 051	-	143 051	137 434	5 617	96.1%

  Source: 2019/20 CSPS Annual Report

 

The underspending was recorded in the Administration Programme (R2.19 million) and the Civilian Oversight, Monitoring and Evaluation Programme (R2.9 million). The majority of the underspending was recorded under Compensation of employees.

 

The continued underspending by the Office of the Directorate for Priority Crime Investigations (DPCI) Judge (72.7% of budget allocation spent by the end of the financial year) and the National Forensic Oversight and Ethics Board (DNA Board) (76.3% of budget allocation spent) remains a concern that must be interrogated.

The Department did not incur any unauthorised expenditure during 2019/20, but has a large amount of historical unauthorised expenditure awaiting authorisation (R5.6 million) due to overspending of appropriated funds in 2015/16. The Department restated the amount in the current financial year. According to the Department, a letter was sent to National Treasury in March 2019 to request that the process be taken forward for authorisation of the amount by Parliament. The process is ongoing.

 

The Department has not incurred additional irregular expenditure in 2019/20, but the historic amount (R39.305 million) has not been condoned. The bulk of the irregular expenditure originated in 2014/15 up to 2016/17 on two contracts namely Wings/Naledi Travel Management and Routledge Modise for legal fees. A request for condonation was submitted to National Treasury in March 2019 and feedback is awaited.

 

The Department incurred R23 000 of fruitless and wasteful expenditure in the 2019/20 financial year, however the Department has historic fruitless and wasteful expenditure of R193 000, which relates to interest incurred for a delayed payment made to South African Revenue Service (SARS) due to the unavailability of computer systems. This matter has not been resolved to date. During the year under review, the Department recovered R16 000 in fruitless and wasteful expenditure. At year-end, the Department had a closing balance of R209 000 in fruitless and wasteful expenditure.

 

4.1        PERFORMANCE OVERVIEW 2019/20

Graph 1: Overall performance of the CSPS in 2017/18 to 2019/20

The overall performance of the Department improved in 2019/20 when compared to the previous financial year. In 2019/20, the Department achieved 86% of the predetermined targets against an achievement of 78% on performance indicators in the 2018/19 financial year. Three of the Department’s four budget programme achieved 100% of their targets. TheAdministration programme only achieved 50% of its performance targets. However, compared to the previous financial year, when the Programme only achieved 38% of its targets, the Programme’s performance improved.

 

The Department’s performance on annual performance targets is summarised below:

Programme 1: Administration. Achieved 50% of planned targets. The Department failed to implement internal audit recommendations, spent 98% of its budget allocation and achieved a vacancy rate of less than 8% (vacancy rate of 7.79% at year-end). The vacancy rate contributed significantly to the Department’s underspending.

 

Programme 2: Intersectoral Coordination and Strategic Partnerships. Achieved 100% annual targets, with many recording overachievements.

 

Programme 3: Policy Development and Research. The performance improved significantly compared to the previous financial year. Additionally, most targets recorded overachievements.

The Department completed the following policing policies:

1) e- Policing Policy Framework

2) Draft Integrated Crime and Violence Prevention Strategy

 

The Department completed the following research projects:

1) Examining the effectiveness of SAPS Discipline Management on Policing

2) Examining the effectiveness of the SAPS Basic Training Programme on service delivery

3) Roadmap for facilitating the implementation of the 2016 White Paper on Safety and Security

 

The Department made significant progress on nine policing-related legislations, including:

1) Second Hand Goods Amendment Bill 2020

2) The Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill, 2020

3) The South African Police Service Amendment Bill 2020

4) The Firearms Control Amendment Bill, 2020

5) Controlled Animals and Animals Products Bill, 2020

6) The Independent Police Investigative Directorate Amendment Bill, 2020

7) Regulation of Gatherings Amendment Bill, 2020

8) The Amendment to the Firearms Control Act (60/2000) Regulations 2020

9) Amendments to the South African Police Service Act, 1995 (The DNA Regulations)

 

Programme 4: Civilian Oversight, Monitoring and Evaluation. Achieved 100% of its annual targets. The Programme achieved the following studies and assessments:

1) Finalised a study on police living quarters.

2) Finalised an assessment of the implementation of the Sexual Offences and Related Matters Act (SORMA).

3) Finalised an assessment of the management of civil claims or litigation by SAPS. This was done in response to the escalating levels of civil claims against the police up to the point where contingent liabilities for the SAPS increased from approximately R35 billion to R60 billion in four years.

 

Despite the performance, the Programme only spent 90.1% of its annual budget. This was mainly due to the significant underspending by the Office of the Directorate for Priority Crime Investigations (DPCI) Judge and National Forensics Oversight and Ethics Board (NFOEB commonly known as the DNA Board). These two sub-programmes do not have any annual performance targets, which must be rectified to account for the expenditure of public funds.

 

5. HUMAN RESOURCE MANAGEMENT

In 2019/20, the Department spent R135.4 million on Compensation of employees and recorded underspending of R5.213 million. At the end of March 2020, the Department had filled 142 of its 154 posts, which represents an overall vacancy rate of 7.79% (12 vacant posts). The Legislation and Policy and Research Programme had the highest vacancy rate at 14.71%, followed by the Monitoring and Evaluation Programme at 11.54%.

In the 2019/20 financial year, the Department had an overall turnover rate of 11.15%, which is a significant increase compared to 5% turnover in the previous financial year. The turnover rate was the highest in the Senior Management Band A with a turnover rate of 8.7%. During 2019/20, the Department had a turnover rate of 85% on persons appointed on contracts. During the year, 11 of the 13 contract appointments were terminated/transferred out of the Department and one contract appointment was transferred into the Department.

 

5.         COMMITTEE OBSERVATIONS

 

Auditor General Recommendations

The Committee commended the Civilian Secretariat for its audit outcomes even through it pointed to a regression from the clean audit it received in 2018/19. The Committee noted that the Civilian Secretariat was performing well and indicated its satisfied with Department’s progress.

Vacant Posts and high turnover rates

The Portfolio Committee on Police noted that that there was a history of underspendingdue to vacant posts. A member raised concerns that the Department started with a vacancy rate of 12 posts in the 1st Quarter and at the end of the 4th Quarter, it had 12 vacancies. Members wanted to know if it was a result of lack of capacity and asked the Department to provide an explanation of how it will deliver this target. It was pointed out that the National Treasury placed the number of employees at 158 while the Department

Members also questioned the morale of the staff of the Secretariat, as there were retirements and transfers to other departments. Members wanted to know if the staff were unhappy, as the staff turnover rates appeared high.

The Committee raised concerns about the high turnover rate of contract employees which stood at 85% and the apparent inability of the Department to attract employees. The Committee wanted to know what the reasons were for such underperformance with respect to the staff establishment and the vacancies in the Department. Members wanted the Department to set deadlines and timeframes for the filling of vacant posts.

Material underspending

The Committee raised concerns about the continuous underspending, questioned whether the Department has implemented investigations into the material under pending and asked that the Department should focus on the implementation of internal controls in the Department.

Irregular expenditure

The Committee requested that the Department undertake investigations into all irregular expenditure, even if it is a small amount. This should be done to stop all future irregular expenditure and for it to become standard operating procedure for the Department.

 

Budget and Performance misalignment

The Committee noted that there was a misalignment between the Department’s allocated budget and performance. Members felt that there was good work in certain areas such as the development of the integrated crime and violence prevention strategy, but questioned the implementation and wanted to know what the outcomes of the policy was. The Committee had similar concerns about the implementation of the Basic Training Policy and its impact on service delivery. Members also pointed out that despite the reports on budgets and performance indicators, the reality on the ground was very different.

COVID-19 Pandemic

The Committee questioned the impact of the COVID-19 pandemic on the operations of the Secretariat. The lockdown regulations had a negative effect on the 4th Quarter performance of the Secretariat on Programme 4, as only three programmes performed. Members raised concerns about the development and wanted to know if there was a plan in place.

Police Conduct

The Committee expressed its concern with the conduct of the police and their failure to take charge of events where criminality is perpetrated. They alluded to the events in Senekal where farmers were allowed to burn a police vehicle and stored the court to get to a murder suspect. The SAPS was questioned who should take charge of the situation and if the police cannot manage the problem of crime, it will spiral out of control.

Gender Based Violence and FCS Units capacity

The Committee questioned how many Family Violence, Child Protection and Sexual Offences (FCS) units there were and what the capacity of the units were. Members raised concerns about the allocation of the 321 members undergoing GBV training and whether it would make an impact on the problem of gender based violence. The Committee felt that it was very members being allocated to the FCS units. Another key problem was the attitude of police officers dealing with GBV cases and numerous people have complained to Members of the Committee of the attitude of the police. Members note that it was reported that vehicles were donated to fight GBV and they asked for the details as when it was allocated and where it will be used to be made available.

The Committee raised concerns about the transfer of FCS unit members and that up to eight members were transferred from one unit to the Visible Policing unit. The Committee suggested that the Ministry performs an audit on the FCS units in the country to get the units up to capacity. 

Personal Protective Equipment (PPE)

The Committee reiterated its call for a detailed breakdown of all monies spent in each item for PPE. The Committee called for the information of the companies and its directors to be made available in a comprehensive report.

Implementation of Internal Audit Recommendations

The Committee questioned how the Secretariat had implemented the Internal Audit recommendations. It appears that a plan was in place and there was a delay in implementation due to consultations that had to take place, and the Committee wanted to know whether there was any mechanism and a plan to fast track the implementation of the internal audit committee recommendations.

Civil Claims against SAPS

The Committee questioned the Secretariat on what progress had been made with respect to civil claims against the police, which appeared to be increasing. The Secretariat should inform the Committee of the outcomes of any study to look at root causes of the increase of civil claims against the SAPS.

Members questioned the Civilian Secretariat if they could conduct a vetting process that would include lifestyle audits of all existing SAPS members internally before they do it with incoming trainee police officers.

Secretariat Responses

The Civilian Secretariat reported that it already developed and started to implement an Audit Action Plan, of which some parts are already implemented. The Department has already started filling some of the vacancies.

An amount of R6 million was transferred from the SAPS for the new accommodation of the Department. When the new building did not materialise, an amount of R4 million was paid to the SAPS in rental, which resulted in R2 million being underspent in the Administration programme.

The DPCI Judge and the DNA Board were two structures that demanded enhanced organisational structures through additional posts. The DPCI Judge received three additional posts and the DNA Board had one post. These additional posts have created delays and the number of contracts had to be completed in the Legislation Programme (one) and two in the Partnerships Programme. Three people had left the Department and the vacancies could not be filled during Level 5 of the national lockdown. It affected the work of the Department and that of the Police, as it could also not monitor the implementation of the IPID recommendations.

To deal with this, there are monthly monitoring meetings and quarterly consultative meetings between the Secretary of Police and the IPID Executive Director.

The Department has committed to an investigation into irregular expenditure through the office of the Chief Financial Officer (CFO) and the Loss Control Committee. The Department initially wanted the National Treasury to train the personnel of the Loss Control Committee, but the Secretary and the CFO eventually performed the training for their staff. The Civilian Secretariat assured the Committee that they are working hard to get another clean audit in the upcoming financial year.

There is a challenge with vacancies as some of the staff are poached by other government departments and it felt as if the Secretariat has become a training ground for sister departments. A new staff retention strategy was put in place and the results must still be evaluated.

The Civilian Secretariat indicated that in terms of the DPSA standard, a Department should not have more than 10% of your staff establishment posts vacant. Given that the Civilian Secretariat is a small Department, it placed the target higher at 7% vacant posts. As they were filling vacancies, others were leaving and the current vacant posts stood at 7.79%, which is higher than the target of 7%. There is also the matter of the Secretariat competing with other departments for senior competent women, who are recruited by other Departments. The lack of proper and adequate accommodation is what is affecting the morale of the staff, as they are overcrowded.

The Secretary of Police reported that the Department of Public Works and Infrastructure is responsible for the accommodation requirements of the Secretariat. They were initially allocated accommodation, but as the Departments of Sports and Arts and Culture was merged, they were allocated the accommodation. As a result, a new process was started and they are in the process of adjudicating. The Civilian Secretariat was allocated R6 million for accommodation and it is a R2 million difference from the building, which they currently occupy. The Department has already spent R3 million from the budget on accommodation. 

As far as the misalignment between the budget and performance was concerned, the Department pointed out that they have achieved an 86% performance. In the areas where the targets were not achieved, the Department has a plan as they have made an addendum to the Annual Performance Plan and they are using alternative service delivery methods. 

The Department has a draft policy on the integrated crime prevention strategy as the Minister has approved the consultation process. It will be made available to the Committee after the approval from the Minister.

The Civilian Secretariat reported that it was looking at appointing another person with a disability and then the target will be met. The Secretariat did not achieve their targets on izimbizos because of the lockdown regulations, which placed restrictions on meetings.

The Department has done research into the areas relating to root causes of civil claims against the police; there is an indirect impact on the SAPS as they are using the recommendations. The Secretariat is propagating a whole of society and a whole of government response and they could not measure the impact of the policy implementation. They are assisting two provinces with the implementation of the strategy, but they were unable to travel due to the lockdown regulations.

The Civilian Secretariat reported that the actual civil claims increased by 55.9% in 2019 which translated to a R500 million increase. The root cause appears to be unlawful arrests, unlawful detentions, shootings, defamation and non-compliance on the part of the SAPS and appears to increase every year.

As far as GBV and FCS units are concerned, there are 183 FCS units in the country and the Department found that the main challenge was dedicated personnel and the lack of human resources. The Secretariat committed to engaging with the SAPS to ensure there is enough capacity, but that they were doing a good job given the increases in the conviction rates. The COVID-19 pandemic has impacted negatively on the Department meeting all its targets.

The Secretariat reported that it had to place an emblem on the facemasks and 5 litres of hand sanitizers normally costs R900. The Secretariat however had paid R500 per 5 litre and bought all the goods from black-owned companies.

 

6.         COMMITTEE RECOMMENDATIONS

1. The Committee applauds the Department for its audit outcomes and recommends that the Audit Action Plan is made available to the Portfolio Committee.
2. The Committee recommends that an investigation be launched on the irregular expenditure incurred by the Department and consequence management applied. 
3. The Committee recommends that the Civilian Secretariat fills all its vacancies before the end of the 2020/21 financial year.
4. The Committee recommends that the Civilian Secretariat source additional funds for a public education campaign aimed at SAPS members to reduce civil claims and compliance by SAPS members. 
5. The Committee recommends that the Department develop action plans to turn around the under-performance with respect to its performance targets.
6. The Committee recommends that the Civilian Secretariat takes the necessary precautions for its staff and offices to prevent the spread of the COVID-19 pandemic.
7. The Committee recommends that the Civilian Secretariat assists the leadership of the SAPS to exercise proper command and control with respect to police conduct.
8. The Committee recommends that the Civilian Secretariat conducts an audit of all FCS units and provide a report on their capacity gaps including human and material resources, and make the report available to the Committee.
9. The Committee recommends that the Civilian Secretariat provides a detailed breakdown of all PPE suppliers, their company directors and monies spent for each PPE item.
10. The Committee recommends that the Department implements all Internal Audit Unit recommendations.
11. The Committee recommends that the Civilian Secretariat find ways and means to assist the SAPS to reduce civil claims against the police by looking at root causes for civil claims.

 

The Democratic Alliance and the Economic Freedom Front reserves its rights with respect to adoption of the Report. 

 

Report to be considered.