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

Police

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

 

1.         Introduction

The Money Bills Procedures and Related Matters Amendment Act, (Act 9 of 2009), sets out the process that allows Parliament to make recommendations to the Minister of Finance to amend the budget of a national department. As part of this process, Portfolio Committees must compile Budgetary Review and Recommendation Reports (BRRRs) in October of each year, containing recommendations relating to funding allocations for departments and other institutions that account to them. The BRRRs are also source documents for the Standing Committee on Finance when it makes recommendations to the House on the Medium-Term Budget Policy Statement (MTBPS). The annual review and analysis of performance (entailing both financial and non-financial performance indicators) forms part of this process.

This report takes into account the information of the Quarterly Performance Reports and audited financial information of the South African Police Service (SAPS). It is an assessment of the performance of the Department in view of the fact that the Annual Report of the Department has only been tabled until 16 November 2020.  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 Portfolio Committee held hearings on 6 October 2020 and 24 November 2020 to consider performance and financial information of the Department as part of its annual assessment of the Department of Police.

The Portfolio Committee on Police, having considered the financial and service delivery performance of the South African Police Services (SAPS) for the 2019/20 financial year, reports as follows:

 

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.

 

1.2        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.

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 6 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), State of the Nation (SONA) priorities, Ministerial priorities, and Departmental priorities.

 

 

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 asustainable 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 districtdevelopment model will be implemented to coordinate implementation at local level. The newmodel bridges the gap between the three spheres of government to ensurebetter coordination, coherence and integration of government planningand 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.

 

Priority 6 proposes the important deliverables of fighting corruption through holding officials of government to account; Effectively defended, protected, safeguarded and secured communities through strengthening measures to protect borders and ports of entry; Reducing organised crime through reducing drugsyndicates through theimplementation of theNarcotics InterventionStrategy and the revisedNational Drug MasterPlan;Reducingthe levels ofserious organised crimethrough the successfulclosure of seriousorganised crime projectinvestigations and the reduction of  organisedcriminal groupsand gangs (including the implementation of theNational Anti-GangStrategy); Reducing levels of contact crime through a reduction of crimes against women and children, implementing  the draft integratedcrime and violencepreventionstrategy after consultation, strengthened community partnerships, increased police visibility and increased 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 thorough and responsive investigation of crimes that are reported to the SAPS.
  2. Investigating serious corruption and fraud in public and private sectors.
  3. Implementation of the NDP.
  4. Transformation of the SAPS.
  5. Fight Gender based Violence and crimes against women and children.
  6. To serve and protect with selfless patriotism and dedication, in the fight against the Coronavirus Disease 2019 (COVID-19) and beyond.
  7. Accessibility of policing services through the construction of smaller, more accessible police   stations.
  8. Enhancing community participation through building community police forums (CPFs) in the fight against crime.
  9. Embracing the Fourth Industrial Revolution and fighting cybercrime through collaboration with the Justice, Crime Prevention and Security Cluster.

 

2.5        National Commissioner Priorities

The priorities of the National Commissioner of the SAPS for the 2019/20 year is:

  1. The continued protection of the community against the Corona Virus (COVID-19).
  2. Arresting SAPS members who are on the wrong side of the law.
  3. Ensuring the protection, good health, safety and well-being of all SAPS members.
  4. Implementation of the 72-Hour Activation Plan, which includes the mobilisation of Crime Intelligence, Forensic Services and the Hawks will yield positive results to bring police killers to book.
  5. Bringing the perpetrators of Gender Based Violence(GBV) to book and giving victims of crime and their families the justice that they deserve.
  6. The continued capacitation of the detective service capability andspecifically, the investigation of crimes against women and children.
  7. Enhancing and capacitating the SAPS’s POP Units that it has at its disposal, to manage community protests, including the training and equipping of members to deal with crowd management.
  8. Prioritise the SAPS rejuvenation programme, which entails the recruitment of younger police officials at entry level, by appointing at least 3 000 trainees, annually, over the Medium-Term Expenditure Framework (MTEF) period.
  9. The implementation of community policing concepts, such as CPFs, sector crime forums and Rural Safety Priority Committees, continues to serve as platforms of engagement between the SAPS and the community and to enhance greater public trust in policing.
  10. Stabilisation of crime, especially gangsterism and substance abuse.
  11. Safeguarding South Africa’s borders.
  12. Increasing rural safety and reducing farm killings.

 

 

In 2019/20, the National Commissioner has initiated two processes linked directly to the intended outcome of the implementation of the SAPS’s APP:

  • The development and implementation of an Integrated Resource Strategy. The Strategy relates to the resources that are required to implement the SAPS’s short and medium-term priorities and in particular, the targeted performance that the SAPS has set itself. This is an integrated approach to the determination, acquisition, distribution and application of all resources. The development and implementation of the Strategy is based on two interrelated elements, the first, being the cost of policing and the second, being the benefit, or return on investment, derived from the application of the resources that have been entrusted to the SAPS.

 

  • Individual performance management system. There will be a clear link between the SAPS’s stated organisational performance and the functions that are performed by incumbents, at all levels. The linking of organisational and individual performance will be supported by the implementation of a rationalised organisational structure, which will facilitate the direction of key resources to local, police station level, while simultaneously rationalising ineffective or unproductive elements of the organisational structure.

 

One of the key focus areas stated by the President during his June 2019 SONA, is the reduction of violent crime through the establishment of a new social compact to encourage community participation in the fight against crime. The 2019/20 APP guides the development of this compact.

 

2.6        National Head of the DPCI

For the first time, the SAPS APP included an introduction by the National Head of the Directorate for Priority Crime Investigation (DPCI)(Hawks), which points towards an increased acknowledgement of the independence of the DPCI. The National Head of the DPCI has implemented the concept of, “A.I.M, which is, Assessment, Implementation and Monitoring, which seeks to assess the current situation, as well as identify gaps and inconsistencies.

The DPCI Head has listed the following priorities for 2019/20:

  1. Prioritised interventions, relevant to the reduction of serious corruption in the private and public sectors, to guide planningand implementation within key JCPS Cluster departments over the medium-term.
  2. Serious commercial crime, in the context of the DPCI refers to serious fraud, forgery and uttering, theft, such as the theft of trust funds, commercial crime.
  3. Serious Organised Crime Units investigate national priority offences, through serious organised crime project investigations and includethe killing of police officials, CIT robberies, narcotics, non-ferrous metals, theft of copper cables, dealing in abalone, money laundering, fraud, gang-related murder, wildlife trafficking, illegal trade in tobacco products, corruption, forgery, car and truck hijacking, dealing in stolen property, cultivation of hydroponic cannabis and illegal drug production, as well as crimes regulated by the Prevention and Combating of Corrupt Activities Act, 2004 (Act No 12 of 2004) and the POCA,1998 (Act No 121 of 1998). 
  4. Providing specialised investigative support to prevent, combat and investigate cybercrime.

 

3.         REPORT OF THE AGSA

The Department received its fourth consecutive qualified audit opinion from the Auditor General in the 2019/20 financial year. According to the SAPS, some of the matters raised by the AG remain unresolved at the time of the tabling of the Annual Report.

 

The basis of the qualified opinion was -

Immovable tangible capital assets: The AG was unable to obtain sufficient appropriate audit evidence for the other fixed structures included in immovable tangible capital assets, due to lack of adequate information in support of the value of these assets.

 

In addition, as described in note 32 to the financial statements, a restatement was made to rectify a prior year misstatement on these assets, but the restatement could not be substantiated by sufficient and appropriate supporting audit evidence. The AG was unable to confirm the restatement and current year amount by alternative means. Consequently, the AG was unable to determine whether any adjustment was necessary to the other fixed structures within the immovable tangible capital assets figure stated at R3,213 billion (2019: R3,213 billion), in note 32 to the financial statements.

 

3.1        Emphasis of Matter:

Significant uncertainties: The SAPS is a defendant in a number of lawsuits. The ultimate outcome of these matters cannot be determined and no provision for any liability that may result was made in the financial statements.

Restatement of corresponding figures: As disclosed in note 33 to the financial statements, corresponding figures for 31 March 2019 were restated as a result of an error in the financial statements of the Department at, and for the year ended, 31 March 2020.

Section 42: Immovable assets: As disclosed in note 32.6 to the financial statements, 1 1250 assets to the amount of R1,849 billion were due to be transferred from the SAPS to the Department of Public Works and Infrastructure, subject to the finalisation of the requirements of section 42 of the PFMA, which was still in progress at year-end.

 

Report on the Audit of the Annual Report:

The AG evaluates the usefulness and reliability of the reported performance information in accordance with the criteria developed from the performance management and reporting framework for the following selected programme presented in the annual performance report of the SAPS for the year ended 31 March 2020:

The material findings in respect of the usefulness and reliability of the selected programmes are as follows:

 

Programme 2 – Visible Policing

According to the AG, the achievement in the Annual Report did not agree with the supporting evidence provided for the indicators listed below. The supporting evidence provided indicated that the achievement of these indicators was as follows:

Table 1: Audited Indicators

Performance indicator description

Reported achievement

Audited value

Number of reported contact crime

22 206

690 293

Number of reported contact crimes at the identified 30 high crime weight station

94 230

103 653

Number of stolen or lost and illegal firearms recovered

4 204

5 490

Number of identifiable stolen or lost SAPS firearms recovered

459

383

SAPS 2019/20 Annual Report

 

Various Performance Indicators: Average National Reaction Time Indicators

The AG was unable to obtain sufficient appropriate audit evidence for the reported achievement of the indicators below. This was due to the reported performance not being supported by accurate underlying records that could be provided for audit purposes. The AG was unable to confirm the reported achievement by alternative means. Consequently, the AG was unable to determine whether any further adjustments were required to the reported achievements.

 

Table 2: Reaction times to Alpha, Bravo and Charlie

Performance indicator description

Reported achievement

Average national reaction time to Alpha complaints

17:24 minutes

Average national reaction time to Bravo complaints

21:13 minutes

Average national reaction time to Charlie complaints

19:22 minutes

                                                                                            SAPS 2019/20 Annual Report

Report on the audit of compliance with legislation:

According to the AG, the financial statements submitted for auditing were not supported by full and proper records as required by section 40(1)(a) of the PFMA. The supporting records could not be provided subsequently, which resulted in the financial statements receiving a qualified opinion.

 

Procurement and contract management

According to the AG, some of the goods and services of a transaction value above R500 000 were procured without inviting competitive bids and deviations were approved by the accounting officer despite it being practical to invite competitive bids, as required by treasury regulation 16A6.1 and 16A6.4. Similar instances of non-compliance were also reported in the prior year.

 

Expenditure management

According to the AG, effective and appropriate steps were not taken to prevent irregular expenditure amounting to R385 million, as disclosed in note 23 to the financial statements, as required by section 38(1)(c)(ii) of the PFMA and treasury regulation 9.1.1. The majority of the irregular expenditure was caused by non-compliance to the requirements of the Preferential Procurement Policy Framework Act, 2000 (Act no.5 of 2000).

 

Consequence management

According to the AG, in some instances, disciplinary steps were not taken against some of the officials who had incurred and permitted irregular expenditure, as required by section 38(1)(h)(iii) of the PFMA. No investigations had been conducted and/or finalised by management in some of the cases, while some of these cases had been carried forward from prior years.

 

3.2        Significant internal control deficiencies:

The AG highlighted the following:

  • Management implemented certain key actions in line with the audit action plan to address the prior year audit finding on network assets. However, the challenges on the availability of reliable source documents again resulted in significant findings on the valuation of the network assets.
  • Action plans to address significant findings on the reporting of predetermined objectives and the prevention on irregular expenditure, were not effectively monitored and implemented during the year.
  • Management did not implement adequate review procedures to ensure that information reported in the Annual Report was adequately supported with appropriate evidence.
  • Management did not adequately implement review and monitoring controls to prevent noncompliance with applicable laws and regulations relating to supply chain management.

 

 

 

 

3.3        Investigations

The AG further indicated various investigations relating to instances of transgressions of SCM legislation in previous years. These investigations have been ongoing for several years with no indicated completion date and no recommendations for implementation with regard to disciplinary and/ or criminal proceedings against transgressors.

 

3.4        SAPS Internal Audit Committee

The Chairperson of the SAPS Internal Audit Committee (IAC) reported that the Internal Audit Committee did report on the findings of the Auditor General in the Annual Report. To a large extent, the IAC agreed with the AG report on internal controls with respect to performance information, risk management, combined assurance and consequence management amongst others.

They were of the view that the Department is well on its way to improve its financial and internal controls. They do regular internal audits and the pointed out that the AG recommendations are a permanent feature on the agenda of the AI Committee. They were allowed to assist the Department in terms of its responses to irregular expenditure and the audits on COVID-19 conducted by the AG.  The Chairperson reported that the IA Committee had robust discussions on the recommendations with the Department and interrogated its audit response plans to determine accountability and consequence management. They were happy that the action plans and proposals of the IA Committee led to the disqualification of the financial controls being removed from the final AG report.

 

He thanked his IA Committee members, the SAPS, the new incoming Internal Audit Committee and the Portfolio Committee for their support.

           

           

4.         FINANCIAL AND SERVICE DELIVERY PERFORMANCEOVERVIEW      2019/20

At the end of the 2019/20 financial year, the Department had spent R96.1 billion or 99.2 per cent of its Adjusted Appropriation budget of R96.8 billion, thus recording underspending of R754.044 million. The Department recorded underspending in the following Programmes:

  • Administration: R229.0 million
  • Visible Policing: R45.3 million
  • Detective Services: R479.7 million

 

Table 3: Appropriation statement for 2019/20

Programmes

R’000

Adjusted Appropriation

Virement

Final Appropriation

Actual Expenditure

Variance

% Exp. of Final Appropriation

Administration

20 422 930

(291 381)

20 151 549

19 922 542

229 007

98.9%

Visible Policing

49 912 528

(118 799)

49 793 729

49 748 382

45 347

99.9%

Detective Services

19 230 182

116 927

19 347 109

18 867 419

479 690

97.5%

Crime Intelligence

4 092 713

63 061

4 155 774

4 155 774

0

100%

Protection and Security Services

3 148 908

230 192

3 379 100

3 379 100

0

100%

Total

96 827 261

0

96 827 261

96 073 217

754 044

99.2%

Source: SAPS 2019/20 Annual Report

 

Spending on the Criminal Justice System (SJS) Revamp was lower than planned. According to the Department, this was because National Treasury lifted the conditions halfway through the financial year. The Department did not spend R479.7 million of the available funds.

 

The underspending on payments for capital assets was mainly recorded on:

  • Machinery and equipment (R450 million), mostly against funds appropriated for the implementation of the criminal justice system 7-point plan; and
  • Buildings and other fixed structures (R36.6 million), mainly against funds allocated for projects that are implemented by the Department of Public Works and Infrastructure (DPW) on behalf of the Department. According to the Department, the preliminary underspending on buildings and other fixed structures was due to challenges experienced by DPW with contractors in the construction environment such as, project delivery milestones were not met and some projects had to be cancelled and postponed due to pending investigations on possible irregularities.

 

4.1 Expenditure at Programme level

Programme 1: Administration. At the end of the 2019/20 financial year, the Administration Programme had spent R19.9 billion or 98.2 per cent of its available budget of R20.3 billion, thus recording preliminary underspending of R374 million.

The underspending was mainly recorded on:

  • Current payments (R259.9 million): Underspending was mainly on Goods and services due to delays in the delivery of orders placed for personal protective equipment (PPE) for the COVID-19 response. According to the SAPS, orders were issued to suppliers in March 2020 who confirmed availability of the PPE, but after obtaining the delivery schedules, it appeared that the suppliers did not have enough stock and relied on importation from China, thus resulting in the allocated funds being unspent at the end of 2019/20.
  • Payments for capital assets (R118 million): There were delays with the implementation of infrastructure projects managed by DPW due to disputes with contractors. Because of these delays, the SAPS recorded preliminary underspending of R37.1 million on buildings and other fixed structures at the end of 2019/20.

 

Programme 2: Visible Policing. At the end of the 2019/20 financial year, the Visible Policing Programme had spent R49.7 billion or 99.9 per cent of its available budget of R49.9 billion, thus recording preliminary underspending of R52.2 million.

The underspending was mainly recorded in the:

  • Crime Prevention sub-programme (R147.3 million). The bulk of the preliminary underspending was recorded on current payments (R24.6 million), mainly on goods and services, as well as on payments for capital assets (R25.3 million), mainly on machinery and equipment. This underspending was due to lower than anticipated spending on operating leases and other machinery and equipment.

 

Programme 3: Detective Services. At the end of the 2019/20 financial year, the Detective Services Programme had spent R18.9 billion or 98.3 per cent of its available budget of R19.2 billion, thus recording preliminary underspending of R333.8 million.

 

Training and development: This item had an Adjusted Appropriation of R30.3 million, which was reduced with R14.6 million during the last quarter of the 2019/20 financial year, thus leaving a Final Appropriation of R15.6 million, of which the Department only spent R4.5 million and recorded a deviation of R11.1 million. At year-end, the Programme had spent 28.9% of the available funds for training and development.

 

The underspending was recorded on payments for capital assets, mainly on machinery and equipment, due to non-finalisation of the settlement agreement between SAPS and FDA on the sale of the IT systems. It is anticipated that these negotiations will be concluded during the course of the 2020/21 financial year. In the interim, SAPS has submitted a request to the National Treasury for approval to rollover these funds to the 2020/21 financial year for utilisation for the same purpose. During the 2020/21 adjustments appropriation, R4.332 million was rolled over for the maintenance and calibration of FSL equipment, and the procurement of laboratory supplies and waste consumables.

 

Programme 4: Crime Intelligence 

At the end of the 2019/20 financial year, this programme had spent 100 per cent of its available budget of R4.2 billion, thus recording no preliminary under or over spending. However, at sub-programme level, preliminary overspending was recorded in the Intelligence and Information Management sub-programme (R19.5 million). This overspending was offset by preliminary underspending in the Crime Intelligence Operations sub-programme. The higher than planned spending in the Intelligence and Information Management sub-programme was mainly on payments for capital assets, specifically on other machinery and equipment, due to higher than planned procurement of intelligence equipment.

 

Programme 5: Protection and Security Services

At the end of the 2019/20 financial year, this programme had spent 100.2 per cent of its available budget of R3.4 billion for 2019/20, thus recording preliminary overspending of R7.2 million.

This overspending was mainly recorded in the Static and Mobile Security sub-programme. At economic classification level, preliminary overspending was mainly recorded on payments for capital assets, predominantly on machinery and equipment due to higher than planned procurement of transport equipment for the static and mobile security environment.

 

Contingent liabilities/ civil claims

In 2019/20, the Department had R6.437 billion worth of claims against it. During the 2019/2020 financial year, 14 845 new claims were registered, to the value of R2 033 295 750 and 49 040 claims to the value of R6 716 929 846 were still pending from previous years, as well as the current year. During the 2019/20 financial year, 38 045 claims were reduced (3 789 paid and 34 256 cancelled). The significant increase in the “cancelled claims” is due to the project the organisation undertook to suspend dormant claims.

 

According to the SAPS, the conduct of its members causes civil claims, and operational environments are responsible in ensuring that incidents leading to civil claims are decreased. The SAPS initiated a civil claims project led by the Inspectorate Division and each operational environment is responsible with regard to complying with all official directives, as claims are the result of non-compliance to these directives.

 

In 2019/20, the Civilian Secretariat for Police Service (CSPS) finalised an assessment of the management of civil claims or litigation by the SAPS because of the escalating levels of civil claims against the SAPS. During a recent engagement with the CSPS (13 October 2020), the Department indicated that the root causes for these civil claims against the SAPS were issues around unlawful arrest, detentions, general police action, shooting incidents, assaults, unlawful search and seizure, defamation and negligence. She stated that these incidents are reflective of misconduct characterised by non-compliance with organisational controls, including not adhering to the SAPS Code of Conduct and the Standing Order 361. The CSPS stated that the escalation in civil claims call for more efforts within the SAPS to inculcate professionalism and democratic principles into the members of the SAPS.

 

Fruitless and wasteful expenditure

The Department had an opening balance of R8.666 million in fruitless and wasteful expenditure at the start of the 2019/20 financial year. During 2019/20, the Department incurred R153 000 in fruitless and wasteful expenditure, which is a decrease from the previous financial year. During 2019/20, the Department recovered R505 000 and R1.049 million was written off. At year-end, the Department had a closing balance of R8.032 million, which is a decrease from the opening balance as at the beginning of the financial year.

 

Irregular expenditure

In 2019/20, the Department had an opening balance of R1.272 billion in irregular expenditure. Note: In 2017/18, the opening balance was R20.7 million, thus there has been a significant rise in irregular expenditure since this date. The Department incurred irregular expenditure of R3.16 million in 2019/20, compared to R68 million in the previous financial year. During the period under review, no amount was condoned/written off, thus leaving a closing balance of R1.657 billion in irregular expenditure.

 

According to the SAPS, a National Irregular Expenditure Committee was established and issued an instruction for the establishment of Provincial and Divisional Irregular Expenditure Committees, who will be responsible for monitoring and ensuring the timeous finalisation of all irregular expenditure cases within their respective Divisions and/or Provinces.

In terms of irregular expenditure, the AG highlighted the following:

  • Effective and appropriate steps were not taken to prevent irregular expenditure amounting to R385 million. The majority of the irregular expenditure was caused by non-compliance to the requirements of the Preferential Procurement Policy Framework Act, 2000 (Act no.5 of 2000).
  • Disciplinary steps were not taken against some of the officials who had incurred and permitted irregular expenditure. No investigations had been conducted and/or finalised by management in some of the cases, while some of these cases had been carried forward from prior years.
  • Action plans to address significant findings on the reporting of predetermined objectives and the prevention on irregular expenditure, were not effectively monitored and implemented during the year.

 

 

4.2        PERFORMANCE OVERVIEW

 

At the end of the 2019/20 financial year, the Department achieved 63.36% of its performance targets (83 from 131 targets). As such, the Department did not achieve 35.8% of its targets (47 targets) at the end of the 2019/20 financial year. The Department aimed at an unqualified audit opinion in 2019/20, however, the information is not yet available because the audit hasnot been finalised at the time of reporting. While this performance information is not yet available, it should be noted that the Department received three consecutive qualified audit reports since 2016/17.

 

The figure below provides a summary of the Department’s performance at the end of the 2019/20 financial year. The Protection and Security Services Programme performed the best by achieving 100% of its targets (7 from 7 targets), followed by the Visible Policing Programme, which achieved 70.58% of its targets (24 from 34 targets). The Crime Intelligence Programme achieved 68.75% of its targets (11 from 16 targets) and the Detective Services Programme achieved 62.50% of its performance targets (25 from 40 targets). The Administration Programme fared worst in 2019/20 and achieved only 47.06% of its performance targets (16 from 34 targets) at the end of the financial year.

 

Source: SAPS 2019/20 Annual Report

 

 

4.2.1 Performance over three financial years: 2018/17 – 2019/20

The figure below shows a declining performance rate in the Administration and Visible Policing Programmes over the past three financial years. Similarly, the overall performance of the Department has declined over the past three financial years from an achievement rate of 78% in 2017/18, to 74% in 2018/19 and 63% in 2019/20. The Administration Programme shows the most significant decline compared to others. The Detective Services Programme and the Protection and Security Services Programme shows erratic performance over the past three financial years. While the Protection and Security Services Programme’s performance increased from 79% in 2018/19 to 86% in 2019/20, the Detective Services recorded a significant decline in performance in 2019/20 compared to the previous financial year (2018/19: 83%; 2019/20: 63%).

 

The Crime Intelligence Programme is the only programme that recorded steady performance with a slight improvement in 2019/20 from an achievement rate of 67% in 2018/19 to 69% in 2019/20.

Source: SAPS Annual Reports

 

4.3 Programme performance for 2019/20

 

4.3.1     Programme 1: Administration

The Administration Programme did not achieve 16 of its 34 targets. The following should be noted:

Percentage of identified ICT Infrastructure deliverables achieved

  • Target: 80%
  • Achieved: 75%

 

Percentage of prioritised IS Solutions deliverables achieved

  • Target: 85%
  • Achieved: 76%

 

Percentage of operational personnel declared competent in the modules: Legal Principles and the Use of Firearms: Handgun.

  • Target: 95,00%
  • Achieved: 91,99% (2 559 were trained and 2 354 were declared competent)

 

Planned maintenance

  • Target: 80,00% (17)
  • Achieved: 11,76% (2 from a total of 17)

 

Number of new mobile contact points procured

  • Target: 15
  • Achieved: 0

 

Percentage of Bullet-Resistant Vests distributed, in relation to the demand

  • Target: 100%
  • Achieved 95,44% (10 057 BRV’s were distributed, in relation to the demand of 10 538)

Note: In 2019/20, there was no contracts in place for the procurement of ammunition, pyrotechnics and Bullet- Resistant Vests (BRVs).

Number of SAPS-owned firearms reported as stolen/lost

  • Target: Reduce by 5% to 605
  • Achieved: 672

 

Number of identified digital radio communication infrastructure sites modernised and implemented

  • Target: 112 high sites
  • Achieved: 26

 

Number of identified National Network Communication Infrastructure sites modernised and implemented

  • Target: 240 WAN sites and 180 LAN sites
  • Achieved 0 WAN and 5 LAN

 

Number of prioritised sites implemented with Closed-Circuit Television (CCTV)

  • Target: 129 sites
  • Achieved: 0

 

Number of Remotely Piloted Aircraft System (RPAS) issued to prioritised areas.

  • Target: 10 RPAS
  • Achieved: 0

 

Number of prioritised sites implemented with case management capabilities.

  • Target: 18 ICDMS sites
  • Achieved: 10

 

 

Contracts

According to the SAPS, there are no contracts in place for the procurement of ammunition, pyrotechnics and Bullet- Resistant Vests (BRVs). Ammunition is currently procured on a quotation basis. Bids were advertised, evaluated and are currently awaiting recommendation from the Bid Evaluation Committee and approval from the Bid Adjudication Committee (BAC). There is no contract in place for the procurement of complete BRVs, due to the fact that the SAPS is busy with a request for information for a new generation, light weight BRV. The bid for BRV spare parts was advertised and is in the process of being evaluated.

 

4.3.2     Programme 2: Visible Policing

The Visible Policing Programme did not achieve 10 of its 34 performance targets. The AG, due to insufficient supporting evidence, could not verify the achievements of four from the 10

underperforming targets (the audited values widens the margin of underperformance). The following should be noted:

Number of reported serious crimes

  • Target: Reduce, by -3,7% to 1 618 614
  • Achieved: Reduced by -2,7% to 1 635 896

Number of reported contact crimes (AG was unable to verify achievement)

  • Target: Reduce, by -6,7% to 577 034
  • Achieved: Reduced by 0,6% to 622 206 (The AG’s audited value: 690 293, which could mean a possible increase rather than a reduction)

Number of reported contact crimes at the identified 30 high crime weight stations (AG was unable to verify achievement)

  • Target: Reduce by -6,7% to 87 824
  • Achieved: Reduced by 0,1% to 94 230 (The AG’s audited value: 103 653, which could mean a possible increase rather than a reduction)

Number of stolen/lost and illegal firearms recovered (AG was unable to verify achievement)

  • Target: Increase by 1% to 5 404
  • Achieved: 4 204 (The AG’s audited value: 5 490)

Number of stolen/robbed vehicles recovered

  • Target: Maintain at 36 548
  • Achieved: 36 674 (31 725 identified, 4 786 unidentified and 163 cross-border)

Percentage of applications for new firearm licenses finalised within 90 working days

  • Target: 90% within 90 working days
  • Achieved: 80,58%

Percentage of police stations rendering a victim-friendly service to victims of rape, sexual offences, domestic violence and abuse

  • Target: 100% compliant with 2 of the 3 set criteria
  • Achieved: 99,91% (1 153 from a total of 1 154)

Number of schools identified to implement the School Safety Programme

  • Target: 1 300 schools
  • Achieved: Implemented at 1 250 schools

 

As mentioned above, the AG made material findings in respect of the reliability of achievements by the Visible Policing programme. The AG’s audited values indicates that those targets that were not achieved, would have had a wider margin of underperformance.

Furthermore, the SAPS reported that the target on the ‘number of identifiable stolen/lost SAPS firearms recovered’, was achieved, but the AG could not verify the performance. Going on the data provided by the AG, the target was missed by a wide margin.

Performance indicator description

Reported achievement

Audited value

Number of reported contact crime

622 206

690 293

Number of reported contact crimes at the identified 30 high crime weight station

94 230

103 653

Number of stolen or lost and illegal firearms recovered

4 204

5 490

Number of identifiable stolen or lost SAPS firearms recovered

459

383

 

Furthermore, the AG could not verify the achievement of national reaction times to Alpha, Bravo and Charlie complaints. This has been a recurring audit finding since 2016. Despite various interventions by the SAPS Management on the correct completion of pocket books (by members when attending to a complaint), proper reporting remains unresolved.

According to the SAPS, to increase police visibility, the branding of SAPS vehicles, including the fitment of blue lights, is receiving priority within SAPS Supply Chain Management.

 

4.3.3     Programme 3: Detective Services

The Detective Services Programme did not achieve 15 of its 40 performance targets. The following should be noted:

Detection rate for crimes committed against women 18 years and above (murder,

attempted murder, all sexual offences, common assault and assault GBH)

  • Target: 75,10%
  • Achieved: 72,92% (144 384 from a total of 198 012)

 

Detection rate for crimes committed against children under 18 years (murder,

attempted murder, all sexual offences, common assault and assault GBH)

  • Target: 70,05%
  • Achieved: 66,14% (38 047 from a total of 57 529)

 

Detection rate for serious crimes at the identified 30 high crime weight stations

 

  • Target: 37,65%
  • Achieved: 30,80% (83 627 from a total of 271 515)

 

Detection rate for contact crimes at the identified 30 high crime weight stations

  • Target: 55,96%
  • Achieved: 36,92% (47 150 from a total of 127 711)

 

Percentage of registered case exhibits (entries) exceeding the prescribed time frame

  • Target: Backlog not exceeding 10% of registered case exhibits (entries) received
  • Achieved: 27,06% (98 238 from a total of 362 979)

 

Percentage of routine case exhibits (entries) finalised

  • Target: 75,00% within 35 calendar days
  • Achieved: 63,75%

 

Percentage of Ballistics Intelligence (IBIS) case exhibits (entries) finalised

  • Target: 95,00% within 35 calendar days
  • Achieved: 84.64%

 

Percentage of Biology DNA Intelligence case exhibits (entries) finalised

  • Target: 80,00% within 90 calendar days
  • Achieved: 59.87%

 

Percentage of Ballistics Intelligence (IBIS) case exhibits (entries) finalised

  • Target: 95,00% of IBIS case exhibits (entries) finalised within 35 calendar days
  • Achieved: 84,64% (6 105 from a total of 7 213), within 35 calendar days.

 

 

 

 

 

4.3.4     Programme 4: Crime Intelligence

The Crime Intelligence Programme recorded large deviations between planned targets and actual performance on targets. It did not achieve 5 of its 16 performance targets. The following should be noted:

Percentage of cross-border operations and arrests of identified transnational crime suspects facilitated, in relation to requests received from INTERPOL member countries

  • Target: 100%
  • Achieved: 63.83%

Percentage of reactive intelligence reports that were operationalised at provincial level

  • Target: 80,00%
  • Achieved: 61.47%

Percentage of arrests of identified transnational crime suspects facilitated, in relation to requests received from INTERPOL member countries

  • Target: 100%
  • Achieved: 54.05%

 

  1.  

The Protection and Security Services Programme achieved 100% of its performance targets for 2019/20. Thus, the Programme performed well in the protection provided to VIPs without security breaches, protection provided at identified government installations and identified VIP residences without security breaches, auditing of strategic installations and evaluation of National Key Points (NKPs).

 

4.4. GENDER-BASED VIOLENCE AND FEMICIDE (GBVF)

Total sexual offences increased by 1.7 per cent compared to the previous financial year. In 2019/20, 53 293 sexual offenses were reported in South Africa. Rape and sexual assault increased by 1.7 per cent and 4.2 percent, respectively. Together rape and sexual assault account for 93 per cent of all sexual offences.

As murder is the most reliable indicator of violent crime, only this category will be used for crimes against women and children. In 2019/20, 2 695 women were murdered, which is a decrease of 2.7 per cent compared to the previous financial year. A total of 943 children weremurdered, which is a decrease of 7 per cent. However, not all murders of women can be counted as femicide, as the SAPS does not provide the breakdown of perpetrators. However, in a breakdown of causative factors for murder, the SAPS stated that 1 482 murders were domestic related.

 

Similarly, domestic violence as a causative factor in contact crime reveals that it accounts for-

  • 21 344 Common assault cases
  • 14 907 Assault GBH cases
  • 923 Attempted murder cases
  • 1 482 Murder cases

In 2019/20, the SAPS did not achieve any performance targets related to GBVF:

Percentage of police stations rendering a victim-friendly service to victims of rape, sexual offences, domestic violence and abuse

o Target: 100% compliant with 2 of the 3 set criteria

o Achieved: 99,91% (1 153 from a total of 1 154)

Detection rate for crimes committed against women 18 years and above (murder, attempted murder, all sexual offences, common assault and assault GBH)

  • Target: 75,10%
  • Achieved: 72,92% (144 384 from a total of 198 012)

Detection rate for crimes committed against children under 18 years (murder, attempted murder, all sexual offences, common assault and assault GBH)

  • Target: 70,05%
  • Achieved: 66,14% (38 047 from a total of 57 529)

Number of Prioritised areas with approved fixed establishments (new indicator in 2019/20).

  • Target: Four prioritised areas with approved fixed establishments, by 30 June 2019.
  • The work study investigations that are inclusive of the fixed establishments for FCS and Organised Crime were finalised, but not yet approved by the Accounting Officer

 

The SAPS conducted a work-study investigation to review and realign the Family Violence, Child Protection and Sexual Offences (FCS) Unit’s capacity to its mandate, in order to review posts and resource requirements and to identify the challenges within the environment. The following should be noted:

  • The work-study identified 732 vacant funded posts to be filled, in order to strengthen FCS Units for the effective investigation of cases.
  • A further 496 personnel are required, including 236 Police Service Act personnel and 260 PSA personnel (cleaners and administrative personnel).
  • One of the challenges identified was the need for officer’s posts, which are planned to be addressed in a phased in approach, over a period of three years. This includes:
    • 165 posts in the first year
    • 165 in the second year
    • 166 in the third year
  • The filling of posts in the Serial and Electronic Crime Investigation environment has increased, due to the Cybercrime Bill that was submitted to Parliament. This section in the FCS has not been prioritised, despite the fact that it investigates serious cases, including child pornography, serial rapes and serial murders.
  • The capacitation of the section will be prioritised in 2020/2021, with a total number of 157 posts, within the various provinces, to bring about a direct impact on the service delivery of the FCS.
  • A total number of 164 additional posts, including 25 posts for administrative personnel and 139 posts for cleaners, will be prioritised in 2021/2022, and a further 164 posts in 2022/2023.
  • Another challenge is the allocation of vehicles, as vehicles in the FCS environment are old and rundown. According to the norm, based on the required posts, an additional 666 vehicles are required, mostly by units, in Gauteng, the Western Cape and the Eastern Cape Provinces. It was suggested that an equal distribution of 222 vehicles should be allocated, per year, over the next three years.

The FCS Units had various successes during the 2019/20 financial year, including:

  • 6 556 life sentences were secured for between 1-9 years, against a total of 1 339 accused
  • 13 012 life sentences for between 10-19 years, against a total of 870 accused
  • 7 906 life sentences for 20 years and above, against a total of 320 accused.

 

In 2019/20, the SAPS participated on the Task Teams of the Interim GBV Steering Committee and provided inputs to the development of the National Strategic Plan 2020 - 2030 on GBVF. The SAPS is developing an Integrated Sexual Offences and Gender-Based Violence Strategy for the Justice, Crime Prevention and Security (JCPS) Cluster.

 

According to SAPS, during the 2020/2021 financial year, emphasis will be placed on FCS Units and GBV, with an additional R15 million to be prioritised towards the direct resourcing of these units, in terms of goods and services, vehicle procurements, as well as other equipment.

 

Despite allegations of secondary victimisation and victims of GBVF being turned away from police stations, there was only one SAPS member disciplined who ‘unfairly discriminated against others on the basis of race, gender, disability, sexuality or other grounds prohibited by the Constitution,’ in 2019/20. According to the SAPS, misconduct relating thereto is 0.1% of the type of misconduct addressed.

 

4.6        HUMAN RESOURCE MANAGEMENT

Fixed establishment and vacancies

At the end of the 2019/20 financial year, the SAPS had 186 354 filled posts against the approved Human Resource Budget Plan (HRBP) annual target of 191 431 posts. This resulted in a vacancy rate of 2.7 per cent or 5 077 vacant posts. The number of vacant posts recorded is 351 fewer when compared with the same period in the 2018/19 financial year.

 

According to National Treasury, it has on numerous occasions impressed upon the SAPS to prioritise the filling of vacant funded posts in its core service delivery programmes such as Visible Policing and Detective Services. Despite this, these programmes continue to have a very high number of vacant funded posts. As at the end of 2019/20, the vacant posts were in the following programmes:

  • Administration (965 vacancies);
  • Visible Policing (2 814 vacancies); and
  • Detective Services (806 vacancies).

 

Police/Population Ratio

In 2019/20, the Department had a fixed establishment of 187 358 employees, of which 147 035 were SAPS Act employees and 40 323 were Public Service Act employees. Compared to the previous financial year’s establishment of 192 277, the Department’s current fixed establishment decreased (4 919 less).

 

Over the last five years (2014/15 to 2019/20), the police/population ratio1 increased year-on-year. The generally accepted benchmark is one police officer to 450 people, as such, the SAPS is within the benchmark. However, the police/population ratio is highly dependent on the crime level of an individual country and one size (or ratio) does not fit all.

 

In 2014/15, the police/population ratio was one police member to 358 citizens (1:358) compared to a police/population ratio of one police member to 400 citizens (1:400) in 2019/20.

The table below illustrates the changes in police/pollution ratio between 2013/14 and 2018/19.

 

Table 8: Changes in the police/population ration over five years

Financial year

2014/15

2015/16

201617

2017/18

2018/19

2019/20

SAPS Act Employees

150 950

151 834

151 651

150 791

150 855

147 035

Police/Population ratio

1:358

1:362

1:369

1:375

1:383

1:400

Source: SAPS Annual Reports 2014/15 – 2019/20

 

Section 35 terminations

In 2019/20, the SAPS awarded two Section 35 terminations to one Lieutenant General and one Lieutenant General. The amount paid by SAPS to the employees amounted to R6,672,043.82 (R6.6 million). The payment included leave-gratuity, pro-rata service bonuses, severance packages and notice periods.

 

Regulation 45 appointments/promotions

The National Commissioner made six Regulation 45 appointments/promotions during 2019/20. These were:

  1. The Division Operational Response Services Operational Coordination was promoted from Brigadier to Major General.
  2. The Mthatha Cluster Commander, Eastern Cape Province was promoted from Brigadier to Major General.
  3. A Shift Commander: 10111 Midrand, Gauteng Province was promoted from Captain to Lieutenant Colonel
  4. A Shift Commander: SAPS Westville, KwaZulu-Natal Province was promoted from Warrant Officer to Captain
  5. A Crime Information Management Analysis Centre: SAPS Westville, KwaZulu-Natal Province was promoted from Warrant Officer to Captain
  6. Crime Prevention, Gauteng Province was promoted from Sergeant to Warrant

 

Regulation 45(9) of SAPS Employment Regulations of 2008, provides that the National Commissioner may promote an employee into a post without advertising it, and without following a selection process.

 

This section of the Employment Regulations has been an area of serious contention in the past, especially between 2015/16 and 2017/18. During a previous Portfolio Committee meeting that focused on SAPS promotions, POPCRU stated that regulation 45 proportions are grossly misused and that the careers of many police members had been stifled by this misuse. The table below illustrates the point.

Table 9: Regulation 45 Appointments / Promotions from 2013/14 to 2019/20

Financial year

Number of Regulation 45 Appointments / Promotions

2019/20

6

2018/19

2

2017/18

47

2016/17

83

2015/16

41

2014/15

10

2013/14

1

 

 

5.         COMMITTEE OBSERVATIONS

 

The Money Bills Procedures and Related Matters Act(9 of 2009) provides for Parliament to annually assess the budget and performance of departments. The current report is a preliminary assessment of the Department. The Committee noted that the Minister of Finance issued a notice in the Government Gazette that made provision for exemptions for the tabling of Annual Reports. The Leader of Government business has as a result, asked that Departments table their Annual Reports in the middle of November 2020. The Committee asked that the Department table all documentation and reports in the stipulated framework of seven days prior to all committee meetings be respected.

The Committee observations include those observations and recommendations made during the Quarterly Reports process.

 

AG Audit Opinion and Recommendations

The Committee was unanimous in expressing its displeasure and concern about the AG’s findings that resulted in a qualified audit opinion. The Committee noted that it was the fourth consecutive year that the Department had received a qualified audit opinion and stated that this was unacceptable. As a result, the Committee will be intensifying its oversight processes over the SAPS. The Committee will be calling the Minister, the Deputy Minister and the National Commissioner to a meeting to explain the non-compliance and capacity of the senior management not responding to the AGSA recommendations.

 

Ineffective Leadership and Consequence Management

The Committee expressed its concern that there appears to be not enough consequence management on the part of the SAPS management for wrongdoing, and not implementing decisions and recommendations.  The Committee commended the National Commissioner for beginning the clean-up of the SAPS and urged him to continue with consequence management for police officers, managers and senior management not implementing recommendations, making themselves guilty of corruption and those who do not have capacity to deliver.

Senior managers were fighting against one another, were divided and did not co-operate with each other and this directly affected the service delivery and response to the AG recommendations and needed to be addressed by the National Commissioner.  

The lack of effective consequence management is a clear indication of weak and ineffective leadership on the part of the SAPS management and measures must urgently be found to address this.

 

Slow Response to AG recommendations

The Committee agreed that it could not accept the fact that the SAPS management has not been more responsive to the AG recommendations and in certain cases, there was a slow response to the AG. Members wanted to know what motivated this slow response to the AG’s recommendations and whether it pointed to weak leadership of the Department. The slow response had direct consequences for the audit findings. 

 

Record keeping in the SAPS

The Committee urged the SAPS management to implement measures to urgently ensure that all divisions and sections in the SAPS to implement proper record keeping in the Department.  In many respects, the lack of proper recordkeeping, have directly led to a qualified audit because the SAPS was not able to produce proper records. 

 

Contract Management

The Committee requested that the SAPS must make available all its expired and current contracts in full detail. The Committee required details of all contracted entered into by the Department, those that have expired, those that have been paid (despite expiry) and those that the SAPS are still negotiating.

 

COVID-19 Pandemic

In the Fourth Quarter report, the Minister of Police reported that Department has 16994 police officers that have been infected with the COVID-19 virus and 220 officers have succumbed to the pandemic. The Gauteng, Western Cape, Eastern Cape and KwaZulu-Natal provinces are affected the harshest as far as the virus is concerned. He spoke out against farm murders and was thankful that the SAPS was able to arrest the perpetrators. He informed the Committee that police work was labour intensive work and the SAPS budget cuts on the Compensation of Employees component of the budget was concerning.

As far as the unaudited financial results were concerned, the spending trends are similar to the previous financial year’s performance.  The SAPS spent 99.2% of its budget and utilised 99.6% of voted funds, collected revenue of R601.7 million while achieving 83 of 131 target indicators.

 

 

Interpol targets

Members raised concerns about the achievement of Interpol targets by the SAPS and wanted to know if the department was still pursuing serious international criminals harboured in South Africa.

 

Rural Safety and role of Minister

Members raised questions on the role and function of the Minister and the National Commissioner.  A view was proffered that the Committee in the past had expressed its concern that everyone should take hands to fight crime. The Committee indicated that the Minister should be wary of becoming operationally involved and there was a suggestion that the Minister should focus on his political role, as he is mandated to play. The Committee indicated that the National Commissioner was responsible for operational decisions. A Committee Member questioned the Minister’s remarks as reported in the press in Normandien, KwaZulu-Natal where it was reported that the Minister told a farmer that if he was not found guilty, he would reopen the case.  It was noted that the Minister had stated that the farmers should not complain if they get hurt and this was interpreted as inciting violence against farmers.

Another view was offered that when it came to farm murders, the Minister was always first on the scene. They asked that the issue of farm murders not be politicised and racialized. 

 

Personal Protective Equipment

Members wanted answers about the investigation into the procurement of personal protective equipment (PPE) and wanted an update on the investigations and what steps the Department had taken to mitigate this. A total of 42 people has been arrested for their alleged involvement in with the police vehicle branding tender and it is in the supply chain management (SCM) environment where this took place. Members wanted to know what steps the SAPS was taking to prevent this from happening in future and called for the SCM environment to be probed.

 

 

 

SAPS Firearms Training

The Committee questioned whether SAPS who have not successfully completed their weapons training courses, would need to repeat the training course or if disciplinary action would be taken against them. The Committee was concerned that such members were operating at police stations with firearms.

 

The assassination of Colonel Kinnear

Members raised concern about the assassination of Colonel Carl Kinnear and questioned who withdrew his protection when he was dealing with investigating high profile criminals. Members questioned the motives for withdrawing such protection. The Committee was informed by the National Commissioner that only he had the authority for withdrawing protection. According to the National Commissioner, Colonel Kinnear did not have approved protection.  A Lieutenant General has been appointed to investigate the withdrawal of protection and a preliminary report has been received and a final report is awaited. It is Crime Intelligence who make the final recommendation after the threat is analysed as high or low risk.   The Members were not satisfied with the response of the National Commissioner, as other police officers who faced threats received protection.

 

Central Firearms Registry (CFR)

The Committee raised serious concerns about the Central Firearms Registry (CFR) and the fact that when it comes to registration of firearms, the ICT system cannot be used. People within the CFR was the subject of Colonel Kinnear’s investigation because of corruption and their involvement in smuggling firearms. Members wanted to know what steps the Department has taken, since the arrest and conviction of Colonel Prinsloo of the CFR who sold more 1000 firearms to gangsters, to close the opportunities for such crimes.

 

Communication Infrastructure

Committee Members observed that none of the sites for radio infrastructure communication sites has been completed. The money was spent and nothing was achieved. Members wanted an explanation from the Department on why this has happened. 

 

Police discipline

Members raised the issue of police discipline as a video clip was circulating in which an allegedly drunk police officer firearm was taken and replaced without his knowledge. Members raised serious concern and wanted to know what the SAPS management intended to do about the levels of discipline amongst members.

 

Electronic Crime Reporting and Feedback System

Members raised concern that the performance targets on contact crime has not been met, especially that of crimes against women and children. Members wanted to know when the online electronic crime reporting and feedback system will be implemented and be operational as there is little feedback to complainants. The implementation of such a system would see the community being able to track their own cases online.

 

Gender Based Violence and Femicide

Members raised serious concern about the under-performance on crimes against women and children. The issue of collaboration between SAPS and the National Prosecutions Authority (NPA) on such cases was noted and the Committee requested that the SAPS meet with the NPA on the prosecutions of such cases. The Committee noted that it wants an action plan on GBVF will monitor GBVF cases. Members also proposed that the Minister of Police has a bilateral meeting with the Minister of Justice on the issue.

 

Under-performance of Detectives

The Committee raised concerns about the under-achievement of the Detectives Programme with respect to the detection rates.  It was unacceptable for the Department not to reach its targets when crime is such a problem in the country. Members wanted to know what the Department was going to do to turn around the situation and attain their targets as crimes against women and children was a priority.It was unacceptable that there was a regression in the performance of the detectives and the SAPS was urged to turn the performance around. The performance of the Forensic Science Laboratories was highly disappointing there were reports that people were waiting for up to ten years on toxicology reports. That is something that directly affected the performance of the Department and was highly unacceptable.

 

Unlawful arrests and civil claims against the Police

Members raised their concerns about the increase in civil claims against the police. There was concern that it reflected badly on the discipline and training of the police as civil claims has increased. This was a reflection of the level of police brutality and abuse when dealing with citizens and Members were not happy about the payments increasing. In a recent Parliamentary response, the Minister has reported that an amount of R522 377 000, 66 million has paid for lawsuits for unlawful arrests , unlawful detention and police action in civil claims lawsuits. This pointed to a training issue if members did not when to exercise arrests and the Committee wanted to know how the SAPS was dealing with the matter.

 

Uniform allowance

A Committee member questioned the uniform allowance of R1600, which each member has to pay. It was pointed out that the SAPS have not given members new uniforms for the last three years and there was a shortage of uniforms. The Member wanted to know what happened to the moniesof members that has been paid and whether, when such uniforms become available, members would get new uniforms. The SAPS uniforms of some members were over-worn, dirty and untidy and they required a response from the SAPS management.

 

Regulation 45 appointments

The Committee expressed its concern over the use of Regulation 45 for appointments. These appointments have normally been without advertising and people have been promoted over ranks and have become generals. The Committee pointed out that senior appointments made in this way has to follow the protocol established by the Committee and should be announced to the Committee with an abridged CV of candidates. Members expressed concern that appointments to senior ranks must satisfy certain criteria and they wanted the National Commissioner to list the criteria for such promotion.

 

SAPS Responses

The National Commissioner apologised for the lateness of the reports and presentation to the Committee and committed to changing how and when the SAPS makes documents and presentations available to the Committee.

As far as Regulation 45 appointments were concerned, the Department informed that it did not have the same pressures to use the Regulation to make appointments, and will follow advertising, but will make such appointments available to the Committee when it is used.

The National Commissioner have placed the Human Resources on notice that it will have to follow procedures in this respect and will scale down on any Regulation 45 appointment to ensure visibility and transparency.

The Department will fully align the whole audit process with the performance management system to enforce the system of audits and to deal with the slow response to audits. The national Commissioner indicated that the Department will suggests that a performance report on a quarterly basis on the audit environment and monthly progress reports are prepared and made available to the Committee.

The Supply Chain Management Corporate Renewal Planand the Contract Management Strategy willbe presented to Committee. A prevention plan for civil claims to prevent lawsuits will be linked to the risk management processes.

The Training Division has been ordered to conduct training on unlawful arrests and detentions and to conduct continuous evaluation research. 

As far as discipline management is concerned, the Department has a Values statement, a Code of Conduct and Disciplinary Regulations which applies to all members across the board.

The Department is also holding members to account on Irregular Expenditure, and continuously apply section 34 of the Public Finance Management Act including the disciplinary regulations. Members are held accountable, but in previous years, it only affected the lower levels of the Department. The National Commissioner pointed out that the contamination has now spread to the main structure of the department and senior echelons. The National Commissioner stated that the contaminated sections must be cleaned and those members must be removed.

The Committee was informed that there were quite a few police officers who have applied for early retirement. The Minister stated that it was concerning because it led to a loss of skills and in one month he signed over 200 applications. He requested an audience with the applicants and found that some members were overworked, while others were sick and frustrated in the Department. He also stated that some members have attained degrees while in SAPS and have not seen promotion and some remain at the level of a warrant officer.

The National Commissioner reported that the under-performance in the Forensics Division is being addressed. The Deputy National Commissioner for Support services and the Divisional Commissioner for Supply Chain Management (SCM) have been instructed to acquire mobile laboratories. The process has been delayed because it is being procured from outside the country. The intention of SAPS is to place it in a number of districts throughout the country.

As far as crime is concerned, the Department is expanding its creation of specialised units such as the Murder and Robbery units and the capacity of the Family Violence, Child Protection and Sexual Offences (FCS) units, are being beefed up. The Department wanted to increase the education and awareness of crimes against women and children as it is occurring more frequently in the family and Memeza Technology is being used to process gender- based crimes.

The SAPS Commissioner was responsive to Interpol arrest warrants and they have a formal strategy and action plan to deal with Interpol.

As far as undisciplined officers are concerned, such as the allegations of the drunk police officer video on social media, the Department indicated that they will act as a section 102 internal investigation has already started to manage the ill-discipline.

The Department agreed that while the Integrated Case Docket Management System (ICDMS) was not fully operational, the implementation will not affect the statistics because it is functioning together with the CAS or SAPS 6 system. The Department is working hard to integrate systems in this regard. The SAPS statistics are verified by Statistics SA for accuracy and correctness.

There is a backlog of cases in terms of DNA forensic analysis are concerned and the Deputy Minister of Police is leading a project with the Department of Justice and the NPA to fix the problem. The Department is looking at fast-tracking the provision of equipment and consumables in the forensics environment.  

The Directorate for Priority Crimes Investigation (DPCI) reported that as far as the cases of procurement fraud relating to PPE is concerned, steps are already being taken and there is co-ordination of these cases at the Fusion Centre. There are five matters on the court rolls and the majority of the cases relate to Unemployment Insurance Fraud and include those relating to PPE.

The SAPS reported that the processing time for firearm renewals and registrations have moved from 90 to120 days. 

 

6.         COMMITTEE RECOMMENDATIONS

  1. The Committee recommends that the SAPS urgently develop an Audit Action Implementation Plan and provide the Committee with monthly progress reports and present quarterly reports on progress in Committee.
  2. The Committee expressed itssupport for the National Commissioner to implement consequence management for the SAPS management who are slow to respond to the AG recommendations. This include police officials who are not collaborating with one another and make themselves guilty of offences.
  3. The Committee recommends that the SAPS implement proper record keeping in all sections, divisions and provinces and indeed, nationally to ensure greater availability of evidence of its actions.
  4. The Committee recommends that the Minister, Deputy Minister and the National Commissioner present to the Committee on the non-compliance and capacity of the SAPS to implement the recommendations of the AG.
  5. The Committee recommends that the SAPS request additional funding to get their infrastructure plans back on track.
  6. The Committee recommends that the SAPS sources additional funding to assist the Forensics Science Laboratory Division.
  7. The Committee recommends that the SAPS reviews all tenders before signing off on them.
  8. The Committee notes the effects of the COVID-19 pandemic and the number of police officers who have succumbed to the virus and recommends that the SAPS takes more effective steps to prevent the spread of the virus at police stations.
  9. The Committee recommends that the under-performance in Interpol arrests, Communication Infrastructure and Detection rates be addressed and a report provided to the Committee on action steps the Department will take to turn around the under-performance.
  10. The Committee supports the National Commissioner in his endeavour to deal with corruption within the SAPS nationally.
  11. The Committee recommends that the Rural Safety Plan be revisited and consulted with all relevant sections of the agricultural community.
  12. The Committee recommends that a report on consequence management for police officers who have made themselves guilty of PPE fraud and corruption be made available to the Committee.
  13. The Committee recommends that the SAPS fast-tracks an electronic Crime Reporting and Feedback System to allow victims of crime to report crimes online and receive such feedback online.
  14. The Committee recommends that all Regulation 45 appointments be announced in Committee by the National Commissioner and the abridged CV’s be made available to the Members.
  15. The Committee recommends that the DPCI provides a national and provincial assessment of organised crime and its collusion with police officers.
  16. The Committee recommends that the SAPS National Commissioner provide it with a report into the assassination of Colonel Kinnear and the consequence management steps it will follow if police collusion is found in his death.
  17. The Committee recommends that the SAPS provides a report on its role within the JCPS Cluster to drastically reduce the incidences of Gender Based Violence and Femicide and bring perpetrators to book.

 

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

 

Report to be considered.

 

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