Honourable Speaker;
Deputy President of the Republic, Honourable KP Motlanthe;
Ministers and Deputy Ministers present;
Deputy Minister of Police, Ms MM Sotyu;
Honourable Members of Parliament;
Acting Chairperson of the Portfolio Committee on Police, Ms A van Wyk;
MECs responsible for policing present;
National Commissioner of the Police, General MV Phiyega;
All DGs of the Justice Crime Prevention and Security Cluster present;
SAPS Senior Management present;
Heads of entities: Civilian Secretariat for Police, IPID and PSIRA;
Comrades and Friends;
All strategic partners of SAPS in the fight against crime;
Fellow South Africans.
In 2009 the African National Congress (ANC) unveiled a manifesto which resonated well with the aspirations of the multitudes of South Africans. In this manifesto the movement prioritised five key areas for the term of office of its administration.
For the purpose of this debate we will concentrate on one of them: the fight against crime and corruption under Outcome 3: People of South Africa are and feel safe. We must hasten to say that this stance is by no means new in the life of the ANC and dates back to the adoption of the Freedom Charter in the 1950s.
This policy lodestar of the ANC proclaimed 'there shall be peace, security and comfort.' Our commitment in the fight against crime and corruption focuses among others on:
- Combating violent crimes against women, children and the elderly.
- Fighting the root causes of crime.
• Overhauling the criminal justice system to enable it to fight crime and corruption.
• Actively combating serious and violent crimes by being tougher on criminals and organized syndicates.
• Being true to our community policing philosophy by organizing all sections of society to be our partners in the fight against crime.
Today, we stand before this august House to share with Parliament and with millions of law-abiding citizens on the progress of our crime-fighting programmes. We are presenting the South African Police Service (SAPS) and IPID Budget Vote for the 2013/14 financial year, which we have aptly themed: 2013 is the Year of the Police Station: Improving Frontline Services.
Honourable Members,
South Africa’s transition from apartheid to democracy has been underpinned by the recognition that safety is a fundamental human right. Safety is regarded as a precondition for human development and enhancing productivity. Where citizens do not feel safe and live in fear, their ability to contribute to the country’s overall development is greatly compromised.
The National Development Plan (NDP): Vision 2030 must be realized in a safe SA
The NDP, which plots the desired developmental trajectory for the country thus recognizes the importance of creating an environment that is conducive to citizens pursuing their personal goals, and to take part in social and economic activity. This places a direct mandate on the SAPS to ensure that we intensify our efforts in pursuit of public safety.
The levels of crime continue to drop and contrary to the current discourse, more people are beginning to feel safe. As we reflect on the progress over a 3-year period of our achievements, we stand before this house encouraged by our collective efforts. The National Crime Statistics indicate amongst others, that:
• Murder - This crime decreased by 17.2% during the past three years.
• Attempted Murder - remarkably decreased by 21.8% during the past three years.
• Bank robberies – we made tremendous progress with a 64.2% decrease over the past three years.
• Cash-in-transit – we have seen significant decreases of 53.6% over the past three years
• Robbery at Residential Premises (House) - decreased by 12.5% during the past three years.
• Sexual Offenses - Over the past three years, overall sexual offences decreased by 11.9%. Rape in particular decreased by 2.9% during the same period.
• Carjacking - remarkably decreased during the past three financial years by 38.9%
• Stock-theft - This category of crime showed a marginal decrease of 0.8% during the past three years.
Furthermore, according to the Victims of Crime Survey (VOCS) 2012 there is an increase of 8% in the public appreciation of how government is doing in reducing crime levels when compared to five years ago (32% in November 2007 to 40% in November 2012).
The VOCS shows that 38% believed that the level of violent crime had decreased in their area of residence compared to 33% who said that crime had increased, 29% believed that crime had stayed the same during the period 2009 to 2011.
Crimes against Women, Children and the Elderly remain a priority for the SAPS
Gender-based violence and domestic violence not only affect the most vulnerable in society but can also contribute to a mentality that violence is an acceptable and valid means of self-assertion. Protection of communities must also be central to strategies aimed at reducing incidences of gender-based violence.
A victim-oriented police service is thus an important part of the overall criminal justice response to crimes against vulnerable groups in society. This approach will also encourage victims to report incidents of crime and ultimately contribute to building confidence and trust in the police, which is in line with our theme of 2013 is the Year of the Police Station: Improving Frontline Services. It is against this background that in 2009, I directed that police management re-introduce the Family Violence Child Protection and Sexual Offences (FCS) units.
Honourable Members,
I am pleased to report before this august house, the following successes: since the reintroduction of the FCS units, based on capacity building and investment in the environment, remarkable increases in life sentences continue to be experienced. There were 1 194 life sentences secured during the past three years, that is, 306 in 2010/2011; 389 in 2011/2012 and 499 in 2012/2013.
Nationally, we now have 176 established FCS units attached to all police clusters within SAPS. In support of the investigation of such crimes, 2 139 Forensic Social Workers were appointed. These include 79 Forensic Social Workers appointed to assist in cases of child sexual abuse by means of conducting assessments, compiling court reports and providing expert testimony in court as a means to strengthen our cases towards increasing conviction rates.
Since the re-establishment of the FCS units there were a combined 36 225 years imprisonments. We are joined at this Budget Vote by the top 7 best investigators for the 2012/13 financial year; please join me in congratulating the following officers:
1. Lieutenant LT Monene (Limpopo) who secured 11 life sentences.
2. Constable AE Mathevula (Limpopo) who secured 5 life sentences
3. Warrant Officer ND Ligege (Limpopo) who secured 5 life sentences.
4. Constable C Mokone (North West) who secured 4 life sentences.
5. Constable NR Bokolo (Eastern Cape) who secured 4 life sentences
6. Warrant Officer OE Monnamme (North West) who secured 2 life sentences.
7. Constable RR Visagie (Northern Cape) who secured 2 life sentences.
When we refer to life sentences secured by these officers, amongst these we include instances where some perpetrators are serving jail terms for committing multiple sentences as individuals, more especially those who are serial rapists or have committed more than one crime.
We currently have 919 Victim Friendly Facilities rendering victim support services and intend to establish these rooms in all stations during 2013/2014. However, the main focus is on the establishment of a dedicated capacity and the requisite soft skills to enhance victim friendly services in all facilities.
Directorate for Priority Crime Investigations (The Hawks) successes
Following the Glenister court case, we have fast-tracked the implementation of the decision through the approval of the South African Police Service Amendment Act. In March 2013, I tabled policy guidelines in this Parliament and we have revised the mandate of the DPCI as well as the types of crime that will be investigated by this important entity.
• Drug-related operations
During the last two years 669 arrests were effected (335 in 2011/12 and 334 in 2012/13). About 298 804.847 kg of drugs were confiscated with a monetary value of R95 million. We also commend the Hawks for closing a total of 41 laboratories during the year under review.
• Precious Metals and Diamond
During the 2012/13 financial year the number of arrested individuals for the illegal purchase, theft and possession of uncut diamonds and unwrought precious metals was 198, additional to 314 arrests in 2011/12. From the number of arrested persons 71 were convicted.
• Endangered species and rhino poaching
During the reporting period under review, 104 persons were arrested and 49 successfully convicted for crimes related to species such as abalone and rhino poaching.
• Organized Violent Crimes
The number of arrested individuals for the reporting year, was 523 and 297 convictions were successfully secured.
These successes were not achieved by the Hawks operating alone but through an integrated approach involving the Crime Intelligence and Detective Services. This working-together approach is vital because organized crime itself is becoming sophisticated and varies widely from country to country.
Strengthening Crime Intelligence and Detective capacity
Last year when we reported on the Budget Vote, we reported about the instability of the Crime Intelligence division with the suspension of its head and other senior managers.
We have now begun with stabilizing this unit through capacitating gatherers in provinces at cluster level, increasing vetting personnel by employing more investigators as well as prioritizing the vetting of procurement personnel in SAPS – in line with JCPS Cluster resolutions to reduce corruption.
We are pleased to report that Crime Intelligence conducted over 37 000 network operations which led to the arrest of 10 607 individuals, and the recovery of goods to a value of R633 million for the past financial year.
Continuous improvement in our Forensic Science Laboratories
It is common knowledge that we experienced serious backlogs within our Forensic Services and that is why through intervention, including change in management, we began to realize some improvements and a positive turnaround.
The reduction of backlogs in the Forensic Science Laboratories (FSL) is placed high on the strategic agenda of the department. To this end, during the 2012/13 financial year, Forensic Services reduced backlogs in the various disciplines to ensure the processing of cases through the criminal justice system.
The number of exhibits received by the laboratories increased by 19%, from 320 729 in 2011/12 to 381 699 in 2012/13. More than ever before, our Forensic Services are accessible and responsive to the investigative needs and the criminal justice system requirements. In this regard, the further decentralization of Forensic Services to the various provinces has been realized.
The deployment of advanced technology and additional 710 Forensic Analysts and Crime Scene experts will be realized by the end of this financial year. The department has in the absence of legislative obligations, resolved to embark on a process to accredit related laboratory processes for compliance with international standards.
On 18 January 2013, the President of the Republic signed into law the Criminal Law (Forensic Procedure) Amendment Act, Act 6 of 2010 which regulates the use of fingerprints in combating crime for implementation by the Department.
Two days ago, we presented to Parliament, the DNA Database Bill. This Bill was preceded by a study tour undertaken to capture best practices internationally which led to the development and finalization of a policy on the establishment and administration of a National DNA database.
Successes based on the declaration of 2012 as the Year of the Detective
During our Budget Vote last year, we declared 2012 as the Year of the Detective. During the year under review we established 338 Detective Service Centers to improve reaction time, 24hour service, speedy apprehension of suspects, and screening of dockets.
Overall, our detectives secured 826 life sentences during 2012/2013 (264 for murder, 499 for rape and 63 for robbery aggravated). As an effort to enhance quality assurance, the current 142 Detective Court Case Officers that are placed at selected courts across the country are intended to improve quality of work to and from court, secure availability of dockets and liaise with detective commanders and prosecutors to unblock possible impediments.
Failure to provide feedback to complainants during the investigation process remains the highest generator of complaints against the police, particularly detectives. Written responses and SMS feedback to complainants are now being utilized in this regard and will be emphasized to ensure continuous communication.
Deepening partnership with various partners
From the time we were given the task of leading this portfolio, we have forged partnerships with various partners, some of whom are present at this Budget Vote. South African Banking Risk Information Centre (SABRIC) is one such important partner in the fight against crime, particularly when dealing with violent crime.
Through their industry expertise they have been able to deepen and share their skills and expertise within the banking sector by setting up initiatives to combat ATM crime, cheque fraud and crime in business.
Business Against Crime South Africa (BACSA) is another vital partner because the business sector serves as an important role-player in government’s goal of effectively dealing with crime. We appreciate BACSA’s continued support, particularly through their collaborative and effective crime fighting programmes.
We continue to work with Community Policing Forums (CPFs) and have been engaging them on a policy framework that looks at CPFs strengthening their oversight role, as well as ensuring greater participation by communities. We have also been working with provincial departments of Community Safety and Liaison, as well as other departments within the Criminal Justice System, on the implementation of Community Safety Forums.
Over the last two years we have on a consistent basis, been engaging with different role-players in the rural areas, including both trade unions and farmers. During this year we have also concentrated on engaging civic organizations, and this approach, coupled with regular engagements is helping us in entrenching our partnership approach.
Improving territorial integrity through effective Borderline Policing
Based on the 2009 Cabinet decision to return the functions of borderline control back to the SANDF, all borderline functions were handed over except for 2 borderline bases - Upper Tukela and Himeville. These bases patrol the RSA and Lesotho borderline.
From 1 April 2012 to 31 March 2013 a total number of 3 880 planned crime prevention and combating actions were conducted to enhance national security and territorial integrity.
Additionally, 3 578 roadblocks, 68 633 vehicle patrols, 285 air patrols, 109 454 foot patrols, 910 borderline patrols, 2 620 vessel patrols and 12 487 perimeter inspections were also conducted. Illicit drug cases at airports have decreased slightly due to integrated policing strategies and profiling of suspects.
Introducing and reviewing of various legislations to support policing
Policing in democratic societies operates in a space between their constitutional framework and the legal framework that defines how they must operate.
To ensure an effective service, the police must understand their role and function in society. Police action must always be motivated by sound knowledge of police purpose and involve constant application of the law.
It is for this reason that over the last financial year we introduced before Parliament the following legislations:
• The South African Police Services Amendment Act of 2013 (which sought to enhance the role of the DPCI and to ensure its alignment with the Constitutional Court ruling)
• The Dangerous Weapons Bill
• The Criminal (Forensic Procedure) Amendment Bill which is currently before Parliament
In the coming year we are hoping to finalise the following legislations:
• The Private Security industry Regulatory Amendment Bill
• The South African Police Service Amendment Bill, will address changes in policing, align the existing SAPS Act with the Constitution and ensure adherence to the revised White Paper on Policing.
Last year we began work on a policy which is aimed at clarifying the role we expect the police to play when carrying out their duties. This policy will speak to all aspects of policing including supervision, training, and the appropriate equipment required to carry out effective policing.
Essentially, this calls for what I have emphasized on many occasions, that we need a continuous de-education of unwanted old practices and re-education of the kind of police officers we envisage.
Civilian Secretariat for Police now an effective oversight structure
In 2009, I instructed that the Civilian Secretariat for Police be restructured in order for it to be able to effectively perform its role and functions as referred to in Section 206 of the Constitution. During the 2011/12 financial year the Civilian Secretariat for Police Bill was passed into an Act. In December 2011 the Act was assented to by the President of the Republic.
Policies developed by the Civilian Secretariat for Police over the last year include:
• Green Paper on Policing
• Policy document on the establishment of Community Safety Forums
• Policy on Reservists
• Policy on the establishment of a DNA Database
National Key Points Act to be reviewed
In 2007 a draft National Key Points Bill was developed and progressed as far as the National Economic Development and Labour Council (NEDLAC) process. At this juncture certain issues prevented the processing of this Bill.
Earlier this year I requested my legal team to relook at this Bill, to begin the process of refining it and introducing it in Parliament. We are now re-aligning the National Key Points Act with the Constitution and other pieces of legislation.
In addition to this, in terms of Section 6 (1) of the National Key Points, I have appointed an Advisory Committee on National Key Points to assist me in evaluating, auditing and assessing the desirability of all National Key Points, to determine how these should be aligned to Constitutional prescripts.
This Committee will be led by Advocate Hamilton Maenetje (external legal Counsel), a representative from the Department of Justice and Constitutional Development, as well as the Civilian Secretariat for Police.
We expect the first part of their work to be completed by the end of July this year. The Bill will then be introduced to Parliament before the end of this financial year.
Policing public service delivery protests better
The adoption of the NDP as the key developmental policy framework requires policing to be particularly effective. However, recently we witnessed an increase in sporadic acts of lawlessness and violent protests, which have potential to interrupt our developmental plans.
The Constitution guarantees everyone a right to peaceful and unarmed demonstration. While we respect this Constitutional right, we will not hesitate to act against individuals whose conduct undermines the rights of others. It should also be noted that while the Constitution also provides for checks and balances on police powers and protection of the rights of citizens, it does not prevent the police from vigorously fighting crime.
As a result of the policy on public order policing which I introduced in 2011, we are now standardizing the training of our public order policing unit, as well as enhancing its human and physical resource capacities.
We are pleased to report to South Africans that during the 2012/13 financial year, 12 399 crowd-related incidents were responded to and successfully stabilised, including 10 517 peaceful incidents such as assemblies, gatherings and meetings. Unfortunately, of these incidents, 1 882 were violent incidents and we were effected 3 680 arrests.
We have now introduced a mandatory Public Order Policing training curriculum that is intended for new recruits as a means to develop a support base for the first line of response to public order incidents.
Challenges of the day facing the SAPS
The transformation of the SAPS remains paramount in our efforts to fight crime and criminality. In transforming the police, we had to strengthen our civilian oversight bodies, deepen our relationship with communities, build partnerships with civil society, labour and business, and contribute to the observance of the culture of human rights.
Honourable Members,
Over the past months some of our officers have made headlines, dominated discussions at homes, workplaces, taxi ranks and schools, including in this very august House of Parliament – for the wrong reasons.
We acknowledge the embarrassment such conduct has caused to the reputation of the SAPS. Such unwanted misconduct borders on brutality and for this reason we have emphasized to police management to press criminal charges against those individuals. This they have done. Our system of governance is based on human rights and we have no intention of diverting from this. IPID has also taken the lead in investigating such cases and to charge those responsible.
Our firm stance is that police are empowered with powers to arrest any person they suspect of wrongdoing. However if there are no checks-and-balances such powers are likely to be abused by some.
Training and Recruitment
In January this year, I convened the first SAPS Top 1500 meeting with all the Cluster and Station Commanders.
This will be an annual leadership engagement platform for deliberating on issues of policing nationally. This initiative is intended to ensure that station, cluster, provincial and national management collectively identify and address blockages to service delivery.
We are revisiting the current SAPS Recruitment Strategy to encapsulate the whole continuum from recruitment to retirement in order to determine and put more emphasis on career-pathing of members to ensure staff retention and to minimize attrition.
One of the ideas that emanated from this gathering was a need to ensure that recruitment for basic police training continues to be conducted in consultation with community structures. We are now also enhancing an initiative of publishing the names of potential intakes for public comment. Lastly, vetting and reference checking continues to be conducted for new intakes as a means to reduce the element of corruption and criminality.
Outcomes of a SAPS Criminal Audit to be announced in due course
Two years ago I tasked the police management working together with the Civilian Secretariat for Police to conduct an audit of all SAPS members, to get a sense precisely of who these members are. Part of the delay in completing this audit was mainly around certain legalities which we had to adhere to, but we are now determined to finalize this matter.
The audit is nearly finalized and I will be making a public pronouncement on the audit outcomes in due course. This is propelled by the conduct which suggests criminality from within the police.
Supporting and improving psychological services for SAPS
Policing is a difficult duty. Our officers operate under strenuous conditions, facing some of the most dangerous criminals on a daily basis, the nature of crime being unique and violent.
As part of our intervention, we have an Employee Health and Wellness (EHW) programme, which is freely-available for all members. Whilst some members have utilized such programmes, sadly, we still have some myopic perceptions that going for counseling is considered a sign of weakness. We dispel such misconceptions because they are destroying and negatively affecting our members.
• EHW comprises of qualified, experienced and registered Psychologists, Social Workers and Chaplains.
• There are clearly outlined referral processes between the different professionals, EHW and medical schemes, guided by the needs of employees and their immediate families.
• Members have access to a 24-hour call centre services where one-on-one telephone counselling and individual trauma debriefing is done.
I have already through a number of different forums emphasised the need to have a concerted focus on the psychological welfare of SAPS officials and we have begun engaging external role players with a view to assisting us in this regard. However, the violent nature of crime in South Africa and advanced criminal activities requires further research in addressing police psychological needs.
Firearm Administration and Controls
The Firearms Control Act is a crucial piece of legislation and it is important that we all understand the policy that underpins this legislation in a country that faces high levels of violent crime, much of which involves the use of firearms.
There have been people who have sought to challenge our policies and the basis of this legislation, and we remain resolute in our commitment to stand our ground on this matter. Where we are taken to court, as was shown in the Justice Alliance of South Africa matter, which went all the way to the Constitutional Court, we will coherently defend our policies.
But our commitment to the legislation must also translate into how we implement this legislation through the Central Firearms Registry. In this regard we believe that the registry has to a large extent dealt with the backlog in firearm applications. We however need to keep our focus not only on the backlogs but also improvements across all aspects of our firearms control systems.
Inquiry into the alleged unscrupulous firearms dealers
Honourable Members,
Over the past few months, concerns have been raised about the practices of certain unscrupulous firearms dealers, who are not complying with the provisions of the Firearms Control Act, 2000 (Act No. 60 of 2000).
Last week, I announced Ms Soraya Hassim, SC and Advocate Rams Ramashia, to head an inquiry that is currently investigating these allegations because if indeed they are proven true, these could negatively impact our crime-reduction efforts. We cannot allow this to happen.
Within the next six weeks they will complete their investigation and will provide me with a comprehensive report of their findings, including recommendations. I will then publicly announce the findings.
Effective implementation of the Rural Safety Strategy
Rural safety remains a priority of government. Focused interventions to reduce serious crimes in rural areas have been enhanced, particularly of stock-theft and border control.
The implementation of the Rural Safety Strategy, which incorporates amongst others, targeted planning and resourcing of policing interventions, will be completed by 2014.
We have also begun identifying and developing strategic partnerships with safety stakeholders in rural areas, as well as enhanced service delivery, by utilizing reservists to man our borders, and conduct intelligence-driven operations.
Strengthened oversight on those who police, the police
As we speak, the Independent Police Investigative Directorate (IPID) Act No. 1 of 2011 has been in operation for just over a year. During that time, we have seen a number of important milestones in the work of the IPID.
We remain committed to cleaning up the police service through strong internal oversight, which police management must exercise. Equally, through strong external oversight in the form of the IPID, we have been able to arrest those whose actions shame our badges and uniforms. This was evident in the swift actions taken by the IPID and SAPS in recent incidents. This all demonstrates our resoluteness in dealing with matters of police criminality.
IPID has identified systemic corruption as one of its priorities for the short to medium term. We believe that the IPID will deal a deeper blow to police criminality by being proactive rather than being reactive. This will ensure that police officers, who commit the crimes identified in the IPID Act, are prosecuted effectively in the courts.
No direct linkage to number of deaths in custody to introduction of ranks
We have noted alleged reports around the number of deaths in custody or as a result of police action and the linkage to the introduction of military ranks in 2009.
Let us utilize this occasion to highlight that the number of deaths in police custody does not necessarily mean that police were directly responsible of these deaths. In some cases the deaths could have been as a result of a shootout during cash-in-transit robberies. Furthermore, in some instances it includes natural deaths whilst suspects are in police custody.
We have looked at IPID figures and cannot correlate the figures to the introduction of military ranks. In 2008/09, before the rank structure was introduced, the number of incidents recorded by IPID increased by 15% but the following three years saw a decrease of 21.1%. Therefore whilst we remain concerned about any loss of life irrespective of whatever circumstances, there is no evidence to link this to the introduction of military ranks.
Private Security must be better and effectively regulated
Honourable Members,
The number of private security guards registered is 1, 250 000. It is also estimated that of the guards registered 353 000 are active within the industry. This means the number of private security guards operating outstrips the combined number of both the SAPS and SANDF.
According to PSIRA it is further estimated that between 15 000 and 20 000 new members join the private security industry each month. However not all companies and private security guards register with PSIRA as required by law. Many companies and security guards attempt to operate under the radar and unlawfully.
The growth of the private security industry is not unique to South Africa. Internationally, the private security industry has grown significantly over the last two decades. However the growth of the South African private security industry has out stripped other countries and as a percentage of our GDP South Africa, has the largest private security industry in the world.
Historically the private security industry was broken down into specific areas or categories of security services (such as guarding, armed response, private investigations etc). However over the last decade the industry has diversified and many companies are now providing a wide range of services cutting across the different categories. The result of this diversification has also been that the lines between private security, private intelligence and private military have become vague and blurred.
The South African private security industry is increasingly performing functions which used to be the sole preserve of the police. This has, and will continue to have a serious influence on the functioning of the criminal justice system as a whole.
The above has resulted in most countries around the world focusing more attention on the regulation of this industry, and even the United Nations Commission on Crime Prevention and Criminal Justice has begun to place more focus on this area and encouraged member states to review, evaluate and revise existing regulation of the industry.
It is against this background that we have set ourselves a goal of an effective regulation of this industry.
Conclusion
Honourable Members,
Scholars across the spectrum recognize that social systems are founded on definite historical origins. If the saying ‘out of nothing, nothing comes’ is true, then it must follow that the future is formed and derive its first impulse in the womb of the present.
The world is beginning to look at us and our continent, not so much for our lack of capacity, but for our capacity to do things in a way that makes everyone proud. Conditions have emerged where the world wants to do business with us.
Policing for the future must be guided by the understanding that the crime landscape will continuously evolve. This will require the SAPS to remain innovative and adapt its policing approaches to respond to this changing environment.
The unity of citizens on the question of crime should act as a source of great strength to us. Today there can be no doubt about the determination of the overwhelming majority of the citizens of this country to take concerted action to help us reduce crime.
I thank you.
