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SAFETY AND SECURITY BUDGET VOTE AND INDEPENDENT COMPLAINTS DIRECTORATE APPROPRIATION BILL ADDRESS BY MINISTER SV TSHWETE, National Assembly, 7 June 2001
Madam Speaker
Honourable Members
The cutting edge in the Government's overall strategy to bring down the levels of crime in our country is the South African Police Service. It is a new Service, exploring new policing policies in a new constitutional democracy that is in the throes of transition, change and transformation. Besides it being a new Service, the environment itself in which it moves and has its being is new. Because it is new, and because it is operating in a relatively strange terrain, it cannot be impossible that at times it fails to rise to our ideal expectations. In fact the Service readily concedes that it is on a learning curve. But the determination, the courage and utter commitment to give the criminal no quarter is what nobody in their normal senses can say those men and women in blue lack.
The criminal thugs in this country know this. Their friends in the region, in the continent and indeed elsewhere in the world know this as well. That is precisely why they have taken the decision to target the Police for elimination.
It is my intention, Madame Speaker, to dedicate this Budget Vote to the everlasting memory of those police officers who have surrendered their own dear lives out of a desire to create and sustain an environment of Safety and Security for all our people. As I do so, I would also like to acknowledge the plight that has become the lot of the families of the fallen and to say to them once again we share their grief. At the same time, I would like to make the pertinent point that stringent as our laws are in connection with this type of offence, and determined as we are as a Department to ensure that members operate in a relatively safe environment, the final arbiter is our own ordinary people themselves. The murderers and corrupters of the police do not stay on the moon. They are individuals with names, homes and families within our communities. They carry out the murders of police officers, sometimes in full view of members of the public, and take cover within our communities themselves. What is required of all of us in this House and the rest of civil society out there is extensive mobilisational work amongst the ordinary people for the exposure of police murderers. That work would have to, of course, underpin the point that police officers are the physical embodiment of the Constitution and statutes of our country and that those who murder them are thugs bent on subverting that Constitution and our laws.
Indeed, part of this Budget will be spent in pursuit of this ideal - the consolidation of that grand partnership between the Government and the people against crime. This mass mobilisation campaign has already started in Gauteng with the emphasis being on demand reduction for stolen property. It will be rolled out to other provinces in the course of the year. We shall pursue this campaign even more rigorously as we confront head-on the endemic problem of gangsterism in the Cape Flats. We have deployed hundreds of police and army officers for some time now. We have arrested many of the gang leaders and their followers. But the problem remains with us still.
In the meantime gangsters are dispensing a great deal of favours to some members of the communities. They are terrorising and in some instances ingratiating themselves with well-known and respected civil and religious personalities. Only yesterday afternoon the Minister of Defence and I were told, right there in the Community Hall at Manenberg, by some members of that community that some of them are actually in collusion with the murderous gangs for the express purpose of making a living and getting their children to school. Whilst it is true that these areas remain economically depressed, we had never expected that in a community that is terrorised daily by armed bandits people would actually rise and attempt to justify, publicly, why some of them are working hand in glove with their very tormentors.
What is encouraging, however, is the fact that the biggest majority of our people in the affected areas refuse to surrender to the terror of the gangsters. They have organised themselves into neighbourhood watches and other anti-crime, anti-gang structures to assist and our drive to normalise life in our townships. This budget must support these noble efforts. At the same time all three tiers of government must fast track their programmes to address and redress the economic depression in these creations of the Apartheid State. On our part as a Department we have no alternative but to intervene decisively in all these areas of rampant criminality and gang violence, using every piece of legislation in place to turn the tables against armed banditry and thuggery in Manenberg and elsewhere on the Cape Flats. I would like to invite the MEC and the City Council of Cape Town to sit down with me to make sure that we all contribute to a solution to the problems of gangsterism in Manenberg and elsewhere. I will talk more about this later.
I concede readily, Madame Speaker that this is going to be a tough struggle, given the long history of gangsterism in these areas. But we must, all of us, and party politics aside, brace ourselves for this kind of struggle.
It might well be the case that what we are contemplating in this regard will adversely affect the lives of decent law-abiding citizens in these areas. But we have no choice in the circumstances and all we can plead for is co-operation and understanding from our people. Obviously the methods we have been using have not yielded the desired result. Masixose omnye umphini, Ntozakuthi!
Madam Speaker
I have stated before that firearms control is a prerequisite for a safer society and our efforts in this regard proves that we are serious and committed to ridding this country of the scourge of illegal firearms.
The President signed the Firearm Control Act on 10 April 2001 and the regulations in support thereof are currently being drafted.
Various projects are also being undertaken to facilitate the implementation of the Act. These include:
* the recruitment and training of personnel and the purchase of equipment;
* the revamping of the Central Firearms Register, which includes the import / export element;
* the auditing of all firearms in possession of state departments and institutions;
* the destruction of all redundant firearms in SAPS custody; and
* the implementation of improved control measures at ports of entry.
An additional amount of R217 million has been allocated for the implementation of this Act.
The amount has been spread over a period of three financial years in order to establish efficient capacity at various levels within the South African Police Service. An amount of R57 million was allocated for the previous financial year and R82 million for this financial year.
I will, in the immediate future, announce the first "gun-free zones" in terms of the new Act. Areas plagued by violence involving the use of firearms will receive priority attention in this regard. And that includes the Cape Flats.
SAPS Vehicle Fleet
The mobility of members is an essential and critical element in our drive to improve service delivery. Our budget has taken that into consideration as we allocate R410 million for the upgrading and modernisation of our vehicle fleet.
Out of this amount we should be able to buy approximately 6 200 new vehicles. The distribution will be such that the vehicle shortage in the priority areas is substantially reduced. I am convinced that the distribution of these new vehicles, over and above the 500 others that accrued from the closure of specialised units, will greatly enhance the operational capacity at police stations throughout the country.
An amount of R155 million has also been included for the erection and purchase of police facilities. This reflects an increase of R51 million (48%). Complete new structures, which comprise mainly police stations, amount to 88 facilities, whilst additions to existing facilities amount to 320. Of the total of 408 facilities, 224 are already being built. The significant number of facilities to be established will benefit the working environment of police officials and, most of all, will promote access by the public to policing and service delivery.
Madam Speaker,
The SAPS is reorganising its structures to ensure a multi-disciplinary approach to organised crime through the closure of specialised units and the creation of organised crime units. 203 specialised units have thus far been closed. Nine new organised crime units, and 15 new units dealing with serious and violent crimes, spread over all provinces, have been created. Posts have been advertised for ten legal officials, who will be placed at the organised crime units to support investigating officers in ensuring that cases are court ready.
300 organised crime task teams will be set up by 30 June this year to further strengthen our capacity to deal with identified organised crime threats. These task teams are being set up in accordance with the organised crime threat analysis and will focus on identified syndicates. These units will go a long way in strengthening Operation Crackdown, which is also being reinforced by other developments, which I will describe:
Crime prevention units
An additional 50 fully equipped crime prevention units will be established at identified priority stations during this year.
The stations where these units are to be established have already been identified and investigations are currently underway to determine the resource needs.
These units will be in place by the end of September this year and will significantly enhance the visibility of the South African Police Service.
A new curriculum and training programme has, for the first time in the history of the South African Police Service, been developed for Crime Prevention. This programme is currently being piloted and all members involved in crime prevention will receive the new training with the initial focus on the members of the 50 new crime prevention units.
Rapid deployment stability force
A national rapid deployment stability force will be established by 31 October 2001 for deployment in all provinces.
This force will be deployed in support of local police in flashpoint areas in instances where normal policing is not appropriate to deal with incidence of major public disorder, serious and violent crimes and disaster management.
Such deployment will be maintained until the situation has been stabilised.
The Rapid Deployment Stability Force will be supported by the SANDF and 43 SAPS intervention units, which will operate at area level and will serve all police areas in the country.
Air-Supported Reaction Forces
Air-supported reaction units are being established in Gauteng and this capacity will be extended to the Western Cape, KwaZulu-Natal and Eastern Cape by October this year.
These units will act as quick response units to incidents of serious and violent crimes such as bank robberies, vehicle hijackings and farm attacks. Air support will also be used for aerial surveillance purposes.
Satellite tracking systems will be installed in all SAPS aircraft to enhance our capacity to effectively deal with the theft and hijackings of vehicles. The extension of this capacity is currently under investigation.
Two additional helicopters have been purchased at a cost of R25 million to strengthen our air support capacity. An order has also been placed for two further helicopters. Delivery is expected at the end of October this year.
Employment of reservists
A new policy on the recruitment and use of reservists has been developed and is currently being refined. It is envisaged that it will be implemented by July 2001. The recruitment of additional reservists in accordance with the newly designed policy will commence immediately after approval of the policy. A target of 30 000 reservists has been set.
These reservists will be employed amongst other things to:
* strengthen crime prevention units,
* implement sector policing, and
* extend sector policing in terms of rural safety.
Madam Speaker
The South African Police Service has not only been active in the operational field, but has also played a part in the development of an international legal framework to combat organised and other forms of crime. The key to the successful combating of transnational organised crime is international co-operation.
South Africa was one of the signatories to the United Nations Convention on Transnational Organised Crime, as well as the two additional Protocols on Trafficking in Persons and the Trafficking of Migrants, signed during December 2000, in Palermo, Italy. The Organised Crime Convention creates a complete by new framework for international co-operation to combat transnational organised crime in all its forms through police and law enforcement co-operation.
Recognising the undisputed link between illicit firearms and crime and the role of illicit firearms in hampering safety and security of communities, the South African Police Service actively participated in the drafting of a SADC Declaration on Firearms. This Declaration lays the foundation for co-operation in the Southern African Region to combat the scourge of small arms and light weapons. It provides amongst other things for the harmonisation of legislation pertaining to firearms in the region, and for the conclusion by August 2001 by the SADC Heads of State of a SADC Protocol on Firearms, which will operationalise the SADC Declaration on Firearms, which was signed by all the Heads of State of SADC on 9 May 2001. The South African Police Service is also actively participating in the drafting and negotiation of the SADC Protocol on Firearms, Ammunition and Related Materials.
The South African Police Service actively participated in the negotiation of a United Nations Protocol against the illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components, supplementing the United Nations Convention against Transnational Organised Crime. This Protocol was finalised during February 2001, and will be submitted to the General Assembly of the United Nations for approval.
Various organisational priorities were also implemented during the year to support operations. I wish to refer to some of the developments in this regard.
In the field of technology there are two developments in the Criminal Record Centre, which will make a substantial contribution to more effective crime combating. They are the implementation of the Automated Fingerprint Identification System, and the Electro-magnetic Process for the retrieving of filed-out firearm numbers.
It has been recognised for a number of years that the development which would have the most significant impact on the Criminal Justice System as a whole, was the procurement of an automated fingerprint identification system, also referred to as the AFIS system. Such a system increases the accurate search capacity of fingerprints tremendously and reduces the time to do searches, and supply criminal records and identities to the courts and investigators. This will help to reduce the number of awaiting trial prisoners.
The Criminal Record Centre (CRC) is on schedule with the implementation of the system. The National AFIS Office (CRC Pretoria) will be operational on 24 January 2002 and 35 decentralised Local Criminal Record Centres will be operational on 24 July 2002. When the AFIS system is operational, information on fingerprint matches will be available in less than 48 hours.
In view of the Government's initiatives on firearms, the Criminal Record Centre has also embarked on a research project and subsequently implemented a new process of retrieving filed out numbers from stolen firearms and firearms used to commit crimes.
The implementation of the "electro-magnetic process" to retrieve filed out numbers from firearms has already produced remarkable results. In the financial year 2000/2001, a total number of 8009 firearms were analysed and approximately 60% of the filed - out numbers were retrieved. This is a significant improvement when compared to previous years where a positive rate of only 28% was achieved.
The Forensic Science Laboratory is at present setting up a DNA Criminal Intelligence Database with the support of the European Union. The requirements for the first phase of the database have been defined and forty-eight new members appointed for this purpose have undergone training. The development of a fully automated DNA reference indexing system is well advanced. All tenders in this regard have been awarded and the system will be operational during 2001. Although the infrastructure still has to be fully established, the FSL has already had various successes by linking previously unknown cases together. The first court testimony has also been presented in this regard.
Madam Speaker
Relating to the ongoing question of rural safety, and especially attacks on farms and smallholdings, it should be evident from the existence of the Presidential Working Committee on Agriculture, that Government regards this as a priority issue. This Committee, under the guidance of the President and involving various Cabinet Ministers, as well as the leadership of Agri SA and the National African Farmers Union, meets on a quarterly basis. It discusses broader agricultural issues, but also addresses specific security issues. Regular meetings follow up these meetings between organised agriculture and myself on rural safety.
On 5 April 2001 I announced the appointment of an independent Committee of Inquiry into Farm Attacks to probe the motives and causes for farm attacks. It is envisaged that the Committee will provide me with an interim report by the end of July 2001. This report will be followed by a final report later in the year.
In addition to the probe by the Committee of Inquiry, a National Task Team from the National Operational Co-ordinating Committee visited the provinces during April and May 2001, to evaluate the Rural Protection Plan. I expect to have their report before the end of June 2001. The Task Team also endeavoured to strengthen rural safety in general by explaining and emphasising proactive measures and especially the importance of home-and-hearth protection. At the same time the issue of harmonious relationship between farmers and farm labourers cannot be pushed to the periphery when it comes to security on the farms. Equally important is the idea that the sound and human relationship that we are talking about on the farm should extend to the neighbouring villages. If the neighbouring villagers are hostile to the farmer for whatever reason, then the farm security is immediately compromised. The farmers must take the lead in both cases. The concept of sector policing and its application in rural areas was explained and it is in this regard that reservists will be expected to play a much bigger role.
Madam Speaker
When I was appointed to this post, I knew that there would be no easy victories. Amilcar Cabral said: "Tell no lies, claim no easy victories." I am confident now that the tide is turning. The tremendous effort, which the SAPS have thrown into the National Crime Combating Strategy, has begun to turn the tide on crime. It is clear that most serious crime has stabilised. This is due to the strong focus and the whole-hearted effort of the Police Service and its members whose morale levels have never been this high.
There are, however, some crimes, which have continued to increase, especially aggravated robbery and assault. We must now tackle these crimes and bring them down too.
We can only be successful if everybody contributes: the national government will play its role, and provincial and local government will play an important role. The community plays the most important role - it cannot continue to tolerate gangs and gangsters. We can only win if the public works with us.
I believe that we all recognise the need to work together against crime. We must take crime out of the party political arena. In fact, we must go further. We politicians must change our mindset about crime. I strongly believe that the fight against crime should not be a topic for political point scoring. Point scoring does not help us to convey the message that South Africa is actually not a dangerous place for tourists and conferences.
South Africa is not out of control - on the contrary, the efforts of the SAPS and the Department of Justice and our other security departments have turned the tide against crime.
Political point scoring may give politicians short-term satisfaction, but it does not help us to change the perceptions of South Africa internationally or domestically. I want to repeat this: South Africa is a safe destination for tourists and visitors. Crime is not out of control. Yes, there are problem areas and we are addressing them, but on the whole we are getting the upper hand.
It is not only the politicians who must change their mindset. The business community and the public in general should complain where complaints are warranted, but should throw their weight behind us in continuing to turn the tide against crime and to turn the tide against international perceptions of South Africa as a place which is out of control. Let us base our comments on a sober assessment of what is happening, not on point scoring or on blind pessimism.
A sober assessment of the situation must take into account the National Crime Combating Strategy, the Court Process Project and the other initiatives in the criminal justice system. We must also take into account the Urban Renewal Projects and the Rural Development Programme. These are not quick-fix solutions, but they are taking off and they will have a major effect on crime. When the President identified these projects, he did so precisely with the understanding that socio-economic development is the crucial factor in preventing crime.
In this context, I now want to turn to the business community. Business Against Crime has yet again made a sterling effort in supporting the government's fight against crime.
They have contributed people and resources to the Department of Safety and Security and the Department of Justice, and have done a very fine job. I want to congratulate them. But I want to take the matter further. I want to refer again to my meeting yesterday in Manenberg. People at that meeting repeatedly referred to the very high unemployment in Manenberg, which puts tremendous pressure on parents and children to accept money from gangsters to hide guns and drugs, or to run shebeens for them, or to do other jobs for these gangsters. We have to give people an alternative to this criminal economy.
We cannot hope to defeat gangsterism in Manenberg or anywhere else in our country only by more and tougher policing. We must give people a way to be honestly and gainfully employed. Government can only facilitate this. It is the private sector, which must create the employment opportunities. We cannot and should not rely only on foreign investment. We have many very large and very successful South African companies who must do much more to invest in South Africa, in places like Manenberg in particular. I invite these businesses to come and talk to me about what they want us to do in order that they will invest and help us to create jobs and to turn the tide on the criminal economy as well as we are turning the tide on crime.
I said earlier that we should tell no lies and claim no easy victories. I think we all underestimated how difficult it would be to transform the SAPS and the whole criminal justice system. The USA and the UK, for instance, took longer to transform their police than we have had since 1994. We have done amazing things in the short time since 1994, but we tend to expect things to change much faster than is possible. I want to thank the National Commissioner, Jackie Selebi, and his top management, for the tremendous work they have done in driving the continued transformation and improvement of the SAPS. They have provided outstanding leadership in what is probably the most arduous and thankless task in South Africa.
I also want to thank each and every member of the SAPS for the hard work and dedication they have shown. I have said before, and I repeat, that the vast majority of members show really amazing dedication in conditions of great stress and little reward. All of us, the whole nation, owe them a vote of thanks.
To the small minority who are brutal or corrupt, we say: go now, before we catch you and lock you up. You are a cancer. You destroy the trust between the public and the SAPS, and in doing so you seriously damage our chances of succeeding in the fight against crime.
I want to say, in conclusion, that I am confident that we have turned the tide. We can deal with the remaining problem areas. We can reduce our overall crime levels much more. We cannot believe in quick fixes, but we can and should pull together, as all three tiers of government and communities, to defeat crime. The funds, which I have requested Parliament to vote to the Department of Safety and Security, will be well spent to continue the fight and to turn the tide further.
INDEPENDENT COMPLAINTS DIRECTORATE
MADAM SPEAKER
Since its establishment four years ago, the Independent Complaints Directorate (ICD) has made every effort to ensure that it fulfils its legislative and constitutional obligations. We are, however, acutely aware of the need for the ICD to do more to implement its mandate as it currently stands, as well as to meet the obligations of legislative imperatives in terms of monitoring the implementation of the Domestic Violence Act by the South African Police Service and the obligation to oversee the newly created Municipal Police Services.
During the "16 days of activism of no violence against women" which commenced on 25 November 2000 and culminated on 10 December 2000, the ICD monitored the implementation of the Domestic Violence Act by the South African Police Service. This was done through visits to various police stations in the Gauteng Province namely Moroka, Katlehong, Mamelodi, Rietgat, Jabulani, Mabopane, Dobsonville and Sebokeng.
These police stations were chosen since they were identified as stations receiving many such complaints, in the ICD's first Domestic Violence Report to Parliament.
The ICD compiled a report on its findings and made recommendations in this regard, and they were forwarded to myself, the National Commissioner and the Secretariat.
This report also formed part of the most recent Domestic Violence Report to Parliament.
The South African Police Service who is now looking at the implementation of the recommendations positively received the report and recommendations. The South African Police Service has also requested the ICD's assistance in monitoring the twenty priority stations, which have been identified as recording the highest levels of crimes against women and children.
Madam Speaker,
Honourable Members,
It is common knowledge that Municipal Police Services have been established in Durban and Johannesburg, while these services are also expected to be established soon in Tshwane and Ekurhuleni.
The establishment of these services will have a definite and serious impact on the statutory mandate, and eventually the functioning and financial resources of the ICD. I say this because in terms of the Regulations for Municipal Police Services, issued in terms of the South African Police Service Act, the ICD has the same civilian oversight duties and responsibilities over Municipal Police Services as it has over the South African Police Service.
This means that the ICD is statutorily mandated to ensure that complaints regarding offences or misconduct allegedly committed by a member of a Municipal Police Service are investigated in an efficient and effective manner.
The ICD has initiated a workshop between the Municipal Police Services, the South African Police Service and the Department of Transport for purposes of proactively establishing a sound working relationship and reaching consensus on a Minute of Understanding between the said parties. Furthermore, the ICD has simultaneously reached an advanced stage of establishing a national protocol for existing and to-be-established Municipal Police Services in giving effect to the ICD's expanded mandate.
However, it is foreseen that due to the ICD meeting the obligations of its expanded mandate, this may cause a serious drain on the current budget and may necessitate expenditure to be incurred by the ICD for which it did not, and could not, budget for.
With this in mind, the ICD has had to adopt a different approach to its operations by managing them in a prioritised manner, while allowing them to continue unhindered and at the desired pace in spite of the current very tight fiscal conditions. This approach entails reprioritising investigations within the ICD to conserve resources by actively investigating the most serious of cases, while strengthening its monitoring capacity at its nine Provincial Offices.
A case that demonstrated successful co-operation between the ICD and the South African Police Service is that in which an investigation was conducted to determine the circumstances surrounding the fatal shooting of Mr Bheki Mkhize by members of the Ulundi Public Order Policing Unit.
In this case forensic and ballistic experts from the South African Police Service assisted the ICD.
Madam Speaker,
Honourable Members,
The number of complaints being handled by the ICD is beginning to be consistent, according to the latest available statistics. During the 1999/2000 financial year the ICD handled 4380 complaints against the South African Police Service, while during the 2000/2001 financial year it dealt with about 4863 cases, representing an 11% increase.
The number of deaths in police custody or as a result of police action during the 1998/1999 financial year was 756, while in the 1999/2000 financial year the number was 681, representing a 10% decrease.
During the 2000/2001 financial year the figure was 650, representing a further 4.5% decrease. This steady decrease should be ascribed to the impact of the work being done by the ICD and the consequent discipline it imposes on SAPS.
In 1999 the ICD embarked on a process of developing a White Paper to propose a policy framework that would guide its endeavours. To kick-start the process the organisation developed a Discussion Document based on comparative research and internal discussions within the organisation. These discussions were followed by consultative workshops in the major centres of all our country's provinces.
Various stakeholders were invited and participated at those workshops and on the basis of inputs received from various stakeholders; the Discussion Document was revised and converted to a draft White Paper. After consideration, it has been felt that the ICD needs to further engage other key stakeholders and consult widely. The White Paper is set for finalisation during the current financial year.
The ICD has also embarked on research projects with a view to formulating recommendations on systemic problems hampering effective policing. These research projects constitute some of the pro-active initiatives that the Department is involved in. Recommendations that are formulated constitute the strategic interventions that are necessary to improve policing and service delivery by the police.
These include:
* A strategy to reduce the risk of deaths in police custody or as a result of police action.
* A profiling strategy to assist in the early identification of police members prone to violence.
* Accountability of Station Commissioners.
Madam Speaker, it is quite obvious from what I have delineated above that as the workload increases on the side of SAPS a proportional rise in mandatory obligations on the part of the ICD is experienced. The ability of the organisation to respond appropriately to these challenges - foreseen and unforeseen - can easily be attributed to the professional management style of the Executive Director and her top management. We commend them for this and wish to assure the House that they will always enjoy the full support of my Department.
I thank you.
Issued by Ministry of Safety and Security
07 June 2001