About government - Programme of Action 2008 - Justice, Crime Prevention & Security Cluster

1

CRIME PREVENTION AND PUBLIC SAFETY

1.1

Implement Crime Reduction Programmes

1.1.1

Roll-out the National Address System in all Priority Police Station areas

DoC, DPLG, DSD, Housing, SS and ES Clusters

Dec-08

The South African Post Office managed to capture 66 000 addresses in response to the National address system rollout

1.1.2

Improve safety in public transport and the relevant facilities- taxi ranks, trains and train stations (including the strengthening of capacity to respond to mass mobilisation in the taxi industry).

SAPS, DoT

Ongoing

The building of the Railway stations in the provinces are progressing well as some of these stations are in a construction phase and others have been completed

1.2

Partnerships with Organs of Civil Society and Communities

1.2.1

Implement Rural Safety Plans and replace Commando System with a revised SAPS reservist system

SAPS, DSD

Ongoing

The audit of all active reservists at station level is underway. 5711 reservists were called up for paid duty and 18.3% of the allocated budget has been spent. The Rural Safety Strategy was finalised

1.2.2

Improve the functioning and effectiveness of Community Police Forums (CPFs)

SAPS

Ongoing

A National Community Police Consultative Forum (NCPCF) meeting was held Jul-08 at Northern Cape. The following were discussed: Second Hand Goods Act & ATM Bombings, the CPF Constitution and other CPF challenges

1.2.3

Build partnerships against crime, including on communication (A 20)

GCIS, DCS, DoE, DoJCD, DSD, SAPS

Ongoing

Anti-Crime awareness campaign was strengthened with a number of interactive briefings to stakeholders on the release of Crime Statistics. The emphasis was on crime prevention and security programmes and mobilising all sectors and communities

1.3

Sustain integrated law enforcement operations, targeting the priority police station areas

1.3.1

Implement the provisions of the Firearms Control Act and sustain interventions to confiscate and destroy illegal firearms

SAPS, DCS, DoJCD, NPA

Ongoing

A total of 5 299 new firearm license applications were received and 2 436 were processed. 20 513 of the 36 829 applications received for renewal of firearms licenses were processed. 2 228 firearms were reported stolen/lost

1.3.2

Improve case cycle times in the priority police station areas

NPA, DoJCD

Ongoing

Work in progress

1.3.3

Reduce illegal drugs and substance abuse

SAPS, DoE, DSD

Ongoing

74 imports and 258 export notifications were monitored in respect of the 23 chemicals under international control used in the manufacturing of narcotics. 5 internationally controlled deliveries were performed. A clandestine laboratory was dismantled

1.4

Review the management of labour relations matters and operational guidelines as they relate to the private security industry

SAPS, SS Cluster

Ongoing

Draft framework which provides proposals on the good practices in the management of labour relations was developed. The proposals would encompass the recommendations of all the deficiencies, weaknesses and some uncertainties on the policies

1.5

Implement special crime combating & security initiatives (A 18)

SAPS, DCS, DoE, DoJCD, DSD, NICOC

Ongoing

A total of 3 662 crime prevention operations were conducted nationally. 125 inter-sectoral campaigns aimed at reducing gender based violence were conducted by SAPS in all provinces

2

ORGANISED CRIME

2.1

Develop proposals on restructuring the state entities responsible for organised crime

SAPS, DoJCD, FIC, G&A Cluster, NICOC

Jun-08

The Portfolio Committee's on Safety and Security and DOJCD have concluded public consultation of the SAPS and National Prosecuting Authority Amendment Bills. Written and oral submissions have been received and are being deliberated

2.2

Sustain interventions against organised crime and corruption

2.2.1

Sustain international cooperation, including in the region

SAPS, DHA, NICOC, NIA

Ongoing

2 internal operations were held and yielded the following results: 4 vehicles were impounded in MP and 40 in the EC. During the reporting period which includes the day-to-day operations, 60 vehicles were seized and 55 vehicles were repatriated

2.2.2

Assistance in building capacity in Africa and the world in the field of witness protection

NPA, SAPS

Ongoing

The Office for Witness Protection has continued assisting with the establishment of witness protection in Sierra Leone as well as working with the International Criminal Court

3

IMPROVING EFFECTIVENESS OF THE CRIMINAL JUSTICE SYSTEM

3.1

Enhancing the Capacity of the Cluster Departments

3.1.1

Improve the capacity of the Criminal Justice Departments

DoJCD, DCS, DHA, LEGAL AID BOARD, SAPS, NPA

Ongoing

4 Case Flow Management (CFM) workshops for Regional court magistrates were conducted in various provinces. SAPS personnel as at Aug-08 constitutes 137 00 police members and 34 967 public service personnel totaling 171 967 SAPS personnel

3.1.2

Enhance integration across the justice system, including at the provincial and local levels

SAPS

Mar-09

In most of the provinces there had been a significant improvement in dealing with regional court backlogs. During the reporting period the courts finalised 6 092 compared to 5 102 previously

3.1.3

Bring to full capacity the forensic laboratories and ensure optimum utilisation of the finger print data base

SAPS

Ongoing

The filling of 20 additional Public service positions has been concluded and awaits final decision. In 2008/9 to 2010/11 MTEF allocations were approved for procurement of R150 million worth of forensic equipment

3.1.4

Implement the programme on the review of the criminal justice system, inclusive of the reduction of cases pending trial (A 19)

DoJCD, DCS, LEGAL AID BOARD, Lower Court Judiciary, NPA

Ongoing

The Regional court performances on reducing case backlogs have improved in most of the provinces. Regional courts managed to permanently remove 8 870 cases against 7 521 recorded previously

3.2

JCPS Transformation and Modernisation Projects

3.2.1

Improve Witness Protection

NPA, DoJCD, SAPS

Ongoing

The newly appointed members in the Office of the Witness Protection (OWP) have all completed their induction course. Training is being conducted in accordance with the new training plan. All members qualified for their firearms competence test

3.2.2

Child Justice

DoJCD, DCS, DoE, DSD, LEGAL AID BOARD, SAPS, NPA

Ongoing

In Aug-08 the list of available bed spaces at Secure Care Facilities was circulated to all Magistrates Courts together with Probation Officers. This resulted in the reduction of numbers of children in detention in police cells and correctional facilities

3.2.3

Implement the White Paper on Corrections

DCS, DoJCD, DSD

Ongoing

2 procedures were approved. Namely Control of Tobacco Smoking and Contract Management Procedure. In order to facilitate the process of implementation, 132 files of approved policies have been distributed nationally

3.2.4

Develop and implement the E-passport system

DHA

Ongoing

The development of the process user manual for the system has been completed

3.2.5

Sustain initiatives directed at transforming the NPA

NPA, DoJCD

Ongoing

Work in progress

3.2.6

Sustain the transformation of the judiciary in accordance with the framework that was approved in July 2005

DoJCD

Ongoing

A total of 366 Magisterial districts, 90 branches dealing with criminal cases and 20 Periodical Courts will be redesigned as Main Courts which is aimed at transforming and aligning the court system with constitutional imperatives

3.2.7

Develop proposals regarding the rationalisation of the various police services into a single national police service

SAPS

Apr-09

Work in progress

3.3

IJS Programmes

3.3.1

Implement the Integrated Justice System programme

DoJCD, DCS, DHA, DSD, SAPS, NPA

Ongoing

A task team to lead the Criminal Justice Review process has been established to, inter alia; draft a set of performance measures for the IJS Cluster

3.3.2

Implementation of video postponements

DoJCD, DCS, SAPS, NPA

Ongoing

Work in progress

3.3.3

Implementation of Inmate Tracking systems

DCS, DoJCD, SAPS, NPA

Ongoing

Specification of the Automated Personal Identification System (APIS) is under review. The costing implication have been finalised and the estimated cost per site is R8 million

3.4

Victims Charter

3.4.1

Give life to the Victims' Charter through development of an integrated national implementation plan, reorientation of the implementing personnel, information to citizens and, where applicable legislation or policies to regulate this service

DoJCD, All Cluster Depts

Ongoing

Six sites for new Thuthuzela Care Centres (TCCs) have been identified in Gauteng, Mpumalanga, Limpopo and the Northern Cape

3.4.2

Implement the Victim Support Services Programme

DSD, DCS, DoJCD, SAPS

Ongoing

Victim Empowerment Policy was reviewed and presented to JCPS and Social Cluster for approval. DSD Victim Charter was finalised and is being implemented by stakeholders. Launch of the One Stop Centre to counteract violence against women in North West province is underway

3.5

Improve the functioning of our courts

3.5.1

Implement, monitor and evaluate case flow management; establishing local, area and provincial case flow committees; exploring Differentiated Case Flow Management; and rolling out the e-scheduler

DoJCD, DCS, DHA, SAPS, NPA

Ongoing

Considerable reduction in a number of unreturned cases now at 4, 59%. Integrated Case Management System (ICMS) started in Jul-08 and 51 functional trainers trained. Data migration to convert E-scheduler information to ICMS has been tested

3.6

Personnel Management

3.6.1

Reduce overcrowding of sentenced offenders

DCS

Ongoing

5 839 ATDs paid their bail, compared to 5 961 previously, 705 ATDs were successfully diverted out of Correctional Centres and placed under supervision compared to 654 previously. 16 children compared to 26 in Jun-08 were supervised

3.6.2

Improve rehabilitation of offenders

DCS

Ongoing

Monitoring and evaluation visits were conducted by Spiritual Care at Modderbee and Emthonjeni Correctional centres. A total of 3 455 offenders were involved in psychological services and 834 offender were in structured interventions

3.6.3

Implement restorative justice and alternative dispute resolution

DoJCD, DCS, DHA, DSD, SAPS, NPA

Ongoing

In Jul-08 a total of 106 and 92 agreements were concluded respectively. the agreements included 238 and 321 respectively

3.6.4

Implement diversion programmes

DSD, ISCCJ, NPA

Ongoing

Provinces have increased the number of diversion programmes and currently there are 4 046 children being diverted from the criminal justice system. Training on the minimum norms and standards on diversion were conducted in 8 provinces

3.6.5

Implement recommendations of the Jali Commission of Inquiry

DCS, DHA, DoJCD, DSD, SAPS, NPA

Ongoing

Work in progress

3.7

Management of Awaiting Trial Detainees (ATDs)

3.7.1

Policy, Procedure, Protocols & Legislative Framework

DCS, DHA, DoJCD, SAPS, NPA

Ongoing

The policy on the Awaiting Trial Detainees (ATDs) has been developed

3.7.2

Remand Detention Infrastructure

DCS, DHA, DoJCD, SAPS, NPA

Ongoing

A total of 11 Correctional Centres were identified for conversion to Remand Detention Facilities (RDF's) in the following provinces EC, FS, NC, GP, KZN, NW and WC. HR draft strategy has been developed and awaits approval

3.7.3

Management and Sharing of Remand Detention Information

DCS, DHA, DoJCD, DSD, SAPS, NPA

Ongoing

Bosasa managed Secure Care Facilities (SCFs) developed a system for identification of Remand Detention children. It captures the fingerprints of all children detained in their SCFs. The system can pick up children who have been admitted more than once

3.7.4

Amendment of Correctional Service Act No. 111 of 1998 to align it with White Paper on Corrections

DCS, DHA, DoJCD, DSD, SAPS, NPA

Ongoing

The Amendment of the Correctional Service Act No. 111 of 1998 has been approved

3.7.5

Conduct audit of foreign nationals in SA correctional facilities and police detention

DCS, DHA, DoJCD, DSD, SAPS, NPA

Ongoing

Sentenced and un-sentenced foreign nationals in SA are at 7 334 in Aug-08 compared to 7 282 in Jul-08

3.7.6

Conduct international research on management of Awaiting Trial Detainees ( ATDs)

DCS, DHA, DoJCD, DSD, SAPS, NPA

Ongoing

The research on international trends is in progress. Business Against Crime has commenced with the project and the report will be available at the end of Sep-08

3.8

Dedicated Courts

3.8.1

Sustain the implementation of asset forfeiture

NPA

Ongoing

The value of new cases initiated in the reporting period was R35 million (target R50 million) compared to R21 million in the previous period. 42 cases (target of 37) were completed compared to 26 previously. Overall success rate in cases was 86%

3.8.2

Sustain the dedicated courts, notably, among others, on sexual offences and commercial crimes. Where relevant finalise the framework for the establishment of such courts

DoJCD, DSD, NPA, Health

Ongoing

A total of 1 015 cases were finalised comprising of 947 cases finalised with a verdict and obtaining a 66% conviction rate. With 68 cases finalised by means of Alternative Dispute Resolution (ADR) methods

3.9

Build police stations and courts in under-developed urban and rural areas

SAPS, DoJCD, DPW

Ongoing

Work in progress

3.10

Implementation of the framework on the prevention of absconding from community corrections and the tracing of absconders

DCS, SAPS

Dec-08

DCS has created an electronic linkage between Community Corrections and the Correctional centres in assisting the department to match information of the offenders. 1 433 absconders were successfully traced

4

UPHOLDING NATIONAL SECURITY

4.1

Border Control and Security

4.1.1

Implement the National Integrated Border Management Strategy

BCOCC

2008-2010

The BCOCC recruited as many of the Lead Agency personnel that their budget has allowed. Request for budgetary adjustment was submitted to Treasury. The One Stop Border Post - Legal working group terms of reference were approved

4.1.2

Develop regulatory framework for the BCOCC

BCOCC

Mar-09

The non availability of the budget allocation has affected the development of the regulatory framework for the BCOCC. Although the Policy and Legal work for establishing the One Stop Border Post between RSA and Mozambique is underway

4.1.3

Establish a National Border Management Coordination Centre (NBMCC) and the Integrated Ports Operating Model

BCOCC

Oct-08

Member departments were tasked by the project team to submit their requirements in relation to the NBMCC functioning and sharing of information to avoid duplication of effort and resources

4.1.4

Develop inter-departmental Standard Operating Procedures

BCOCC

Oct-08

The Development of the Standard Operating Procedures will be done per modality (Land, Rail, Air and Sea). A due date has not been established as yet because the project is currently in the scoping phase

4.1.5

Introduce an Integrated Anti-Corruption Strategy

BCOCC

Jun-08

The BCOCC has developed relationships with Anti-Corruption forums. A workshop has been scheduled and member departments are to participate and develop scope of work and timelines for deliverables

4.1.6

Implement exit and entry strategy regarding responsibility for the country's borderline, in order to enhance border security

SAPS

Mar-09

The total number of members deployed to borderlines are: Zimbabwe 75; Mozambique 320, Swaziland 72 giving a total of 467. Other deployments are: Lesotho/Free State/ Eastern Cape 127, Botswana/North West 37 and Namibia 32 thus totaling 200

4.1.7

Strengthening Regional Cooperation and Coordination

BCOCC

Jun-08

Work in progress

4.1.8

Develop a Land Ports of Entry Facilities Strategy

BCOCC

Oct-08

Work in progress

4.1.9

Counter Illegal drugs trade and trafficking

BCOCC

Jul-08

Formalisation of cooperation, strategic cooperation and operations will be contained in the MoU between SARS and SAPS. The MoU will be drafted via the National Border Management Coordination Centre

4.1.10

Regulating of controlled goods: Biological and Chemical war agents

BCOCC

Jul-08

The BCOCC is in the process of establishing contact via the BCOCC International Liaison Office with the Non-Proliferation and Arms Control Committee

4.1.11

Counter Human Trafficking and People smuggling

BCOCC

Jun-08

BCOCC has engaged with the NPA Inter-Sectoral Task Team on Human Trafficking to create alignment. Liaison in this regard is continuing. The BCOCC is also involved in the DFA Inter-departmental group on Migration and Development

4.2

Develop proposals for the establishment of a Ministry for Military Veterans Affairs

DoD

Mar-08

All the arrangements planned for South African National Military Veterans Agency are underway. The Conference has been scheduled for the 26-28 Sep-08. 530 delegates and other invited guests are expected to attend

4.3

Increase SANDF (MSD) intake of young trainees (A 24)

DoD

Ongoing

Since the inception of the MSDS in 2003, 9 327 MSDS members were translated to the Core Service System within the SANDF and 3 100 have become available to the active reserve support organisation with 716 members having commenced training in Jul-08

5

MATTERS OUTSTANDING FROM TRC

5.1

Develop policy and operational guidelines on exhumation and reburials of people who had remained unaccounted for

DoJCD, DCS, DHA, DSD, SAPS, NPA

Ongoing

Ongoing excavations took place at Winterveldt cemetery in search of six missing Mamelodi activists without any success. Documentary and archival searches were conducted in Cradock for Pebco 3 cases and in Mafikeng for prospective cases in that region

5.2

Finalise disbursing reparation grants to the victims as defined in the TRC Act

DoJCD, DCS, DHA, DSD, SAPS, NPA

Ongoing

Of the 21 769 people who appeared before the TRC 16 837 were declared TRC victims. A total of 15 866 beneficiaries were paid and 423 are still not payed. 248 are deceased and the rest are still to be investigated

6

BIG EVENTS

6.1

Continuous safety and security planning for 2010 Soccer World Cup

SAPS, DHA, NICOC, SARS

Ongoing

Workshops to operationalise the General Security Concept (for the 2009 FIFA Confederation Cup & 2010 FIFA World Cup) are still being planned. Schedules for Fan parks and public viewing venues have been planned