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White Paper on Safety and Security
"In Service of
Safety"
1999 - 2004
September 1998
Department of Safety and Security
CONTENTS
FOREWORD
Minister
of Safety and Security
DRAFTING THE WHITE
PAPER
INTRODUCTION
SECTION I
Confronting crime in democratic South Africa
SECTION II
Policy priority: Law enforcement in a democracy
- Improving criminal investigations
- Visible policing
- Providing adequate service to victims
SECTION III
Policy priority: Ensuring effective crime prevention
- National Crime Prevention Strategy Centre
- Towards an integrated system
- Government relationship for crime prevention
SECTION IV
Institutional reform at national level
- Accountability and service delivery
- Departmental structure: Roles and
responsibilities
SECTION V
Institutional reform at provincial and local level
- The role of provincial government
- The role of local government
- Delivering crime prevention at local level
- The role of community police forums
SECTION VI
Costing
implications of the White Paper
GLOSSARY
APPENDIX
1 Department of Safety and Security key policy
initiatives
APPENDIX 2
Participants
in the White Paper Consultation Process
FOREWORD
It gives me great pleasure to present the
government"s White Paper for Safety and Security. The White Paper provides the means
of realising our vision of improving the safety of our citizens.
At the heart of the White Paper lies the
challenge of enhancing the transformation of the police so that they are able to function
effectively within the new democracy; and enhancing social crime prevention activities to
reduce the occurrence of crime. This requires, on the one hand, focusing on issues
relating to the role of the police within the constitutional order, their legitimacy and
the delivery of an effective service to the public. On the other hand, this also requires
a dedicated focus on preventing citizens from becoming victims of crime.
The advent of democracy in April 1994
ushered in what is, without doubt, the most optimistic era in the history of our country.
Whereas apartheid obliged policemen and policewomen to disregard the human rights of
fellow South Africans, they have now been offered a place of pride in the process of
building a new and better life for all. The advent of democracy brought about the
potential for unprecedented progress for our country and held out the promise that our
people would be able to live their lives in prosperous peace.
The challenge of transformation addressed
in this White Paper is therefore, a call to the future. All South Africans, irrespective
of the role they played in the conflicts of the past, have the potential to contribute
positively to the process of change which is unfolding in our country.
In the immediate post-1994 period, the
government"s policy agenda on safety and security was shaped by two objectives:
firstly, to rehabilitate the police to ensure they became protectors of our communities;
and secondly, to mobilise our people to participate in the provision of safety and
security.
Critical to this process was the
establishment of effective mechanisms of civilian oversight to, firstly, support the
Minister in providing clear policy direction to the police and, secondly, to ensure,
through monitoring, that the police served the people of the country.
This initial policy direction was laid out
in the 1994 Green Paper, which emphasised three key policy areas democratic
control, police accountability and community participation in issues of safety and
security. The Police Service Act of 1995 concretised these new policy objectives by,
amongst other things, establishing a Secretariat for Safety and Security.
Then in 1996, Government adopted the
National Crime Prevention Strategy (NCPS). The NCPS provided a framework for a
multi-dimensional approach to crime prevention. Amongst other things, the NCPS provided a
means by which government departments could integrate their approaches to problems of
crime control and crime prevention.
We have come a long way in meeting our
initial objectives. We have created a single police service from eleven separate police
forces and have succeeded in laying the foundation for making this police service
accountable and community-oriented. This was achieved by, amongst other things, the
demilitarisation of the rank structure of the new police service and the appointment of
skilled civilians into key positions in this service. We have also established functioning
mechanisms of civilian oversight and channels for community participation. We have placed
crime prevention firmly on Government"s agenda and a structure dedicated to the
implementation of the NCPS is now a component of my department. We have also learnt a
great deal in the last four years and have received informed input from a wide variety of
international and local role-players.
The principles of the Green Paper and the
NCPS continue to frame the development of policy within the department. However the
emphasis has now shifted towards improved service delivery. This means that the
Department"s approach continues to be underpinned by the philosophy of community
policing. These have at their heart the principle that a partnership between the police
and communities is essential to effective service delivery.
Therefore this White Paper presents policy
proposals intended to establish a stable and effective department, capable of fulfilling
its mandate to the people of South Africa.
I have taken a conscious decision to ensure
that the focus of the White Paper is limited to those areas which will have maximum impact
in improving the quality of service delivered to the public. This is motivated by the need
to dedicate resources and capacity to specific goals to ensure delivery.
However, this does not detract from the
necessity of developing policy interventions in important areas not directly addressed in
this White Paper. Therefore, urgent attention is required for policy interventions in
areas in which a lack of dedicated research has meant that not enough is known to ensure
adequate policy development. An example here is the issue of rural safety and security. I
will therefore direct my department to prioritise the development of policy related to the
provision of effective and efficient law enforcement and crime prevention in the rural
areas.
In keeping with the approach outlined in
the National Crime Prevention Strategy, the White Paper advocates a dual approach to
safety and security effective and efficient law enforcement and the provision of
crime prevention programs to reduce the occurrence of crime.
The White Paper also advocates
institutional reform which will create a clear separation between the political
responsibility for policy formulation on the one hand, and the managerial responsibility
for the implementation of policy on the other. This implies that government will take firm
control of the policy environment within which the police are required to operate and, at
the same time, provide greater managerial autonomy for the police to execute their
operational mandate. This will, in effect, ensure greater accountability for improved
service delivery.
The work of fighting crime is becoming more
complex and, therefore, more challenging. Criminals are becoming more organised and more
sophisticated, operating with little regard to national boundaries. Foreign criminal
groups are extending their operations as organised crime becomes increasingly globalised
and South Africa is not impervious to this development.
Therefore, the SAPS faces new challenges
within the increasingly sophisticated, technological and international crime arena. To
meet these demands the SAPS needs to upgrade the skills, competencies and capacity of its
members and its ability to gather and use crime intelligence. Therefore implicit in the
institutional reform outlined in the White Paper is the development of our human resources
in terms of their ability to meet the complex challenges of constantly changing crime.
This institutional reform will also ensure that the Police Service becomes representative
of the communities it serves.
I am aware of the enormous challenges faced
by members of our police service. Many police officers have become victims of violent
crimes. It must be acknowledged that police officers in South Africa have a much
greater chance of being victimised by violence than do citizens. However, some of
us have lost sight of the commitment and huge sacrifices being made by thousands of
policemen and women. We need to appreciate and encourage the efforts of those police
officers who often go beyond the call of duty to ensure the safety of their fellow
citizens. The Department must therefore ensure that adequate support systems function
effectively to assist police officers in this regard. This must ensure that police
officers are able to continue high levels of service delivery to the public. We must also
ensure that the dedication and performance shown by professional police officers is
developed and promoted throughout the country.
Those, other than the police, who have been
involved in crime prevention have also been challenged in ensuring a wider recognition of
the fact that crime is more than a security issue, and in facilitating an
inter-departmental and multi-agency approach to crime prevention. The consolidation of
joint interdepartmental projects is now beginning to show positive results, particularly
with regard to the Integrated Justice System. This approach to crime prevention has
indicated that greater participation is required from all spheres of government and this
is developed in the White Paper.
While the public rightfully demand
improvement in the quality of service delivered by the police, members of the public also
have a responsibility to assist the police to deliver a better service. Here, co-operation
with the police is essential as is restoring the morality that prevents participating in
or encouraging unlawful activities".
Thus, the responsibility for further
reducing crime rates to acceptable levels is a heavy one. However, we have
conducted an extensive public consultation process throughout the country, believing that
when shared, the burden will be lighter. We have received an overwhelming response from a
diverse range of organisations and people. Each submission and input has enriched the
policy proposals in this White Paper, and has enhanced our collective capacity to
transform South Africa into a country in which we may enjoy a safe and secure environment.
The challenge now is to implement the policy priorities outlined in this White Paper.
It is my vision that the provision of
safety and security will be improved for all the people of South Africa, and I believe
that this White Paper for Safety and Security provides the necessary policy interventions
to achieve this.
F S MUFAMADI
MINISTER OF SAFETY AND SECURITY
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VISION
The vision of the
Department of Safety and Security is that the people of South Africa will enjoy greatly
improved levels of safety.
MISSION
Real reductions in crime
will be attained through, firstly, more effective and efficient policing as part of an
effective justice system and, secondly, through a greater ability to prevent crime. |
DRAFTING THE WHITE
PAPER
The Green Paper for Safety and Security
issued in 1994, set out a basic policy guide for the transformation of the Department of
Safety and Security. Since then a number of policy programmes have been initiated to bring
the activities of the Department into line with the Constitution and the needs of policing
a democracy.
To review these programmes and set the
policy framework for the next five years, the Minister of Safety and Security approved the
development of a White Paper in June 1997. A mandate committee, consisting of the
Minister, Deputy Minister, Secretary for Safety and Security and the National Commissioner
of the South African Police Service (SAPS) was established to provide direction to the
work of five ministerial committees set up to provide content to a Draft White Paper.
The five committees, in which local and
international experts and senior members of the SAPS participated, were:
- The committee to investigate safety and
security issues in South Africa;
- The committee to investigate the safety and
security environment in South Africa;
- The committee to investigate the principles
of policing in South Africa;
- The committee to investigate appropriate
guidelines to deal with crime in South Africa; and,
- The committee to investigate the
organisational transformation of the Department of Safety and Security.
The committee to investigate safety and
security issues in South Africa was referred to as the "core drafting team" and
functioned to co-ordinate and integrate the input from the other committees. This
committee referred the work of the other committees to the mandate committee and, in turn,
provided direction and input from the mandate committee to the White Paper drafting
process. The core drafting team also referred work for comment to a critical readers group
of experts and stakeholders.
Each committee submitted a final report
which contained policy recommendations based on its deliberations. The recommendations
contained in these reports were integrated and released for discussion among internal
stakeholders in November 1997. These stakeholders included the mandate committee, SAPS
management, the chairpersons of the National Council of Provinces Committee on Security
and Justice, the National Assembly Portfolio Committee on Safety and Security, the
MECs for Safety and Security, the Secretariat for Safety and Security"s National
Crime Prevention Strategy team, and the Independent Complaints Directorate.
The Minister released the final Draft White
Paper for public consultation after Cabinet approval in May 1998. Extensive
consultation was undertaken with key stakeholders, role-players and civil society in the
following concurrent phases:
1 Provincial public hearings
Public hearings were held in each of the
provinces to ensure that the final policy recommendations of the White Paper reflected the
views of provincial stakeholders, role-players and the public.
2. National hearing
A national hearing was held over the 3rd
to 5th August 1998 in Parliament. A number of submissions were made, and
provincial reports on the submissions received from the public hearing process were
presented. Joint meetings of the National Portfolio Committee on Safety and Security and
the National Council of Provinces Committee on Security and Justice deliberated on the
issues raised through the public consultation process on the 18th and 21st
of August. These deliberations informed the final drafting of the White Paper.
3. Consultation with critical audiences
Extensive consultation with critical
audiences was undertaken as outlined below:
- A Local Government Conference was held on 24
July 1998 at which local government initiatives related to crime prevention were reviewed,
experiences on the safer cities projects shared and the interventions outlined in the
White Paper discussed.
- Meetings were held with most of the
political parties in Cape Town to discuss relevant issues raised by the White Paper.
- A workshop was held with the National Crime
Prevention Strategy partners on issues relevant to crime prevention as outlined in the
White Paper.
4. Internal consultation process
- The South African Police Service circulated
the Draft White Paper extensively within their structures, and received numerous
submissions. A consolidated report on these submissions was compiled by the Divisional
Commissioner: National Management Services and sent to the Secretariat.
- Valuable meetings were held with most of the
national government departments.
- The key trade-unions relevant to safety and
security were also consulted.
The final White Paper was presented to the
Cabinet Committee for Safety and Intelligence prior to the Cabinet meeting of 9 September
1998 when the White Paper was approved. Parliamentary debates on the White Paper were held
during September 1998.
A White Paper Conference was held on 11
September 1998 at which a report back on the submissions and how they were incorporated
was presented.
A user friendly booklet is being developed
which will explain the policy shifts contained in the White Paper and what it means for
the stakeholders and role-players in safety and security in South Africa.
DIAGRAM 1: WHITE PAPER
DRAFTING PROCESS

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INTRODUCTION
In the new democratic order, South Africans
demand and deserve accountable, effective and service oriented policing. The rights
enshrined in the Constitution, enacted in 1996, aim to ensure safety by protecting
citizens who come into contact with the law, and by obliging the state to provide adequate
security from those who perpetrate crime. In the past, the majority of citizens were
concerned with abuse by agencies of the state. With the advent of democracy, the public
now also demand the effective provision of safety. This means that policing in a democracy
requires professional law enforcement which does not infringe upon human rights. It also
requires a concerted effort by government, in partnership with civil society, to
prevent crime before it occurs.
The immediate challenge of the new
government in 1994 was to create a legitimate police service out of the eleven police
forces constituted under apartheid. Along with this challenge, political leaders had to
ensure that the police would support the new democracy, rather than oppose or undermine
it. Key to this process was ensuring that the police in future would act in ways which won
the trust of citizens who had once feared them.
The first democratic election in 1994,
however, did not bring a system of policing which was well placed to meet these
objectives. Policing in South Africa was traditionally highly centralised, para-military
and authoritarian. While these characteristics ensured that the police were effective
under apartheid in controlling the political opponents of the government, it meant that
they were poorly equipped for crime control and prevention in the new democracy. Under
apartheid rule the police force lacked legitimacy and functioned as an instrument of
control rather than as a police service dedicated to ensuring the safety of all citizens.
Thus, historically, the police have had little interest in responding to crimes within
"black" areas; in 1994, 74% of the country's police stations were situated in
white suburbs or business districts.
Those police who were situated in
"black" areas did not aim to provide greater safety and security for their
inhabitants. Police presence in townships was used to anticipate and respond to collective
challenges to apartheid. Such interventions typically involved the targeting of police
resources for short periods of time in response to resistance to apartheid rule. This mode
of policing necessitated the mobilisation of force, requiring skills and an organisation
very different from that needed to police a democratic order in which government seeks to
ensure the safety of all citizens. This inheritance has had a number of important
consequences which have weakened the ability of the Department to combat crime:
- Authoritarian policing has few (if any)
systems of accountability and oversight and does not require public legitimacy in order to
be effective. Thus, with the advent of democracy in South Africa, systems of police
accountability and oversight were not present. Now mechanisms such as the Independent
Complaints Directorate (ICD) a complaints body tasked with investigating abuses
within the SAPS, situated outside of the police but reporting directly to the Minister
provide a means of limiting the occurrence of human rights abuses. Moreover,
accountability and civilian oversight as set out in the Green Paper for Safety and
Security (1994) continue to be key components of the policy agenda. While much progress
has been made, additional interventions are still required to ensure that South Africa
follows international best practice in the area of civilian oversight and accountability.
Elected local government while not seeking to intervene in police operational
matters should have a greater input in the aims and objectives of policing to
ensure that the needs of citizens in different localities are met. At national level,
greater consideration should be given to ensuring that policy and operational practice are
aligned in ways which ensure more effective service delivery to the public.
- The South African Police Service has not had
a history of criminal detection characteristic of the police in other democratic
societies. The collection, collation and presentation of evidence to secure the
prosecution of criminals is weakly developed in many areas. This is reflected by, among
other indicators, the training levels and experience of the detective component of the
SAPS. In 1994, only about 26% of detectives had been on a formal investigation training
course while only 13% of detectives had over six years experience. In any event, those
detective skills present in the police before 1994 were concentrated largely in white
areas. The problems of criminal detection are mirrored in the area of crime intelligence.
Intelligence gathering structures were orientated towards the political opponents of the
apartheid state. Consequently, crime intelligence, particularly as it pertains to
increasingly sophisticated forms of organised crime, requires immediate improvement.
- A concentration on policing for purposes of
political control has meant that prior to 1994 and in contrast with developments in
other societies the understanding and practice of crime prevention is poorly
developed in South Africa. In relation to the police this means, in particular, that there
has been little tradition of visible and community orientated policing on which to build.
Apart from such interventions, however, international experience suggests that the police
are not always well placed to prevent all types of crime. Targeted social crime prevention
programmes of which the police may only be one of a range of participants
that aim to undercut the causes of particular types of crime in defined localities have
been shown to be both successful and cost effective in reducing crime. Such programmes
require careful monitoring and measurement and must involve key role-players at local
level in order to be effective.
Continuing the process of transformation of
the Department of Safety and Security requires a concentration on these and related areas.
The White Paper is central to this process. It is the overarching policy framework of
government in relation to safety and security for the period 1999 to 2004. The White Paper
draws conclusions for the future policy orientation of the Department of Safety and
Security. It aims to guide the policy direction of the Department over the next five years
to ensure reductions in crime. It points to areas where other government departments and
authorities at national, provincial and local level should be involved in
ensuring a safer society for all citizens. In doing so, it seeks to create a coherent
policy framework for effective and accountable policing. In addition, by providing
appropriate principles and an appropriate framework for crime prevention, the White Paper
aims to impact upon the root causes of crime. It also recommends reform to the Department
of Safety and Security"s institutional arrangements to ensure effective service
delivery.
In this regard, the principles outlined in
the Green Paper continue to inform the broad policy thrusts of this White Paper
particularly, the principle of community participation as embodied in the philosophy of
community policing, and the principles of democratic control and accountability as
envisaged in the Constitution. This focus is directly in line with international trends in
policing which demonstrate that the participation of communities and community policing
form the bedrock of effective law enforcement.
The objectives of the
White Paper are to outline:
- Strategic priorities to deal with crime.
- Roles and responsibilities of various
role-players in the safety and security sphere.
- The role of the Department of Safety and
Security within the Constitutional framework.
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[ Top ]
SAFETY AND SECURITY IN DEMOCRATIC SOUTH
AFRICA
Fundamental to the development of
appropriate policing services in South Africa has been a shift from an inheritance of
authoritarian law and order responses, to a broader concept of safety and security for all
citizens. This was the vision spelt out both in the Green Paper and in the National Crime
Prevention Strategy released in May 1996. The strategy motivated for a new paradigm for
safety and security: a change in emphasis from an exclusive focus on crime control
to include crime prevention.
Given its scope and multi-agency approach,
the NCPS is the most important current initiative aimed at achieving sustainable safety in
South Africa. The Department of Safety and Security has been entrusted with ensuring the
implementation of the NCPS. This, therefore, ensures that the vision of the NCPS continues
to frame the guiding principles of departmental policy.
In line with these principles, the White
Paper views the concept of safety and security in terms of two broad and inter-locking
components: that of policing or law enforcement, and that of crime prevention, and
particularly social crime prevention, which is aimed at undercutting the causes of crime.
This twin approach to fighting crime is critical: law enforcement and crime prevention are
not mutually exclusive but reinforce each other.
On the one hand, law enforcement
initiatives will be weakened if conditions in which they are carried out continue to spawn
high levels of criminality, which the police are only able to react to and not pre-empt.
On the other hand, international experience has shown that sophisticated crime prevention
strategies have only a limited effect when the state institutions of policing and criminal
justice are poorly developed, with little deterrent effect.
What is required are social crime
prevention programmes which target the causes of particular types of crime at national,
provincial and local level. More generally, such an approach also recognises the impact of
broader government economic, development and social policies for crime prevention. Thus,
the effective delivery of basic services such as housing, education and health as well as
job creation, have in themselves, a critical role to play in ensuring living environments
less conducive to crime. This suggests that greater lobbying, planning and co-ordination
is required at national, provincial and local level, specifically on the question of crime
prevention and its links to a wider array of other government functions.
These requirements have profound
implications for how the Department of Safety and Security and other government
departments reorient themselves, conduct their business and reallocate their resources.
It
suggests a renewed concentration on law enforcement within the police service itself. It
also requires the involvement of a wider number of new role-players in safety and
security.
Another important element of safety and
security in democratic South Africa is the necessity to enhance the spirit of voluntarism
in our country. There are many important partners in the fight against crime. These
include, among others, organisations of civil society, particularly business and community
organisations, citizens who volunteer for service as Police Reservists as well as the
private security industry which performs a useful role. The role of such players is, in
principle, one of partnership with the State. For this reason, greater attention will be
paid to their role in the safety and security environment in future policy processes.
In particular, it is envisaged that the
role of the private security industry, including in-house private security, will be
developed through legislation as provided for in the Security Officers Act. Given the
nature and scope of the private security industry, this legislation should be preceded by
an all inclusive process of consultation and contribution by all stakeholders.
Important also, is the need to strengthen
partnerships and co-operation with those key departments involved in crime prevention and
those Departments which have valuable skills and resources to offer, such as the South
African National Defence Force.
Given the scope of these issues, the
structure of the White Paper is as follows:
Section I provides an overview of the
extent and nature of crime in the country, and the implications for future policy. Drawing
on this analysis, Section II outlines key areas of intervention in relation to law
enforcement. Section III examines the challenges of implementing crime prevention.
Sections IV and V provide guidelines for institutional reform at national, provincial and
local level. Finally, Section VI outlines the cost implications of the White Paper.
SECTION I
CONFRONTING CRIME IN DEMOCRATIC SOUTH
AFRICA
Focus areas
- Crime and policing in the new democracy
- Government anti-crime initiatives
- Developing new policy
- Strategic areas for intervention
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Reducing crime is one of the leading
challenges of South Africa's democratic government. Some success has been achieved in this
regard with most categories of recorded crime stabilising from 1996. Appropriate law
enforcement and social crime prevention interventions are urgently required to
reduce crime from current levels.
Recorded crime statistics, while they do
not always reflect the true extent of crime in any society, are still useful in presenting
broad crime trends. In turn, victim surveys an independent means of verifying
police statistics through questioning a representative sample of the population
also provide useful insights into the extent of crime. In South Africa, recent victim
surveys suggest that police statistics may be more accurate than has been generally
assumed. Much effort is being directed within the Department to ensure that the quality
and reliability of crime statistics is further enhanced. A Committee of Inquiry into the
collection, processing and interpretation of crime statistics has just completed its work
and several of its recommendations are being implemented. However, data key to ensuring
effective crime prevention on issues such as domestic violence, the relationship between
alcohol and offending, and the role of youth in crime, is currently not available.
CRIME AND SAFETY AND SECURITY IN
POST-APARTHEID SOUTH AFRICA
SAPS statistics suggest that crime in the
country increased from 1985. This began to change in 1996 when most categories of crime
showed a stabilisation. Despite this trend, current levels of crime remain high and
continue to breed insecurity in the country. Crime has severe implications through the
costs of victimisation which undermine economic and social development. Also, fear of
crime often changes lifestyles, negatively affecting the quality of living.
The causes of crime were analysed in some
detail in the NCPS. Among others, the NCPS identified these as being: gender inequality;
proliferation of arms; social-psychological factors; vigilantism; inadequate support to
victims of crime; youth marginalisation; economic underdevelopment and inequality; poverty
and unemployment; institutionalised violence in the society; and, the encroachment of
international criminal groups. Given that these have already been covered in the NCPS,
which frames the content of the White Paper, this analysis will not be repeated here.
It should be noted, however, that high
levels of crime often accompany transitions to democracy. This is not to say that crime is
necessarily a feature of democracy. Instead, dramatic changes in societies which move from
authoritarian rule to democratic governance often weaken state and social controls,
generating increased levels of crime. In addition, as experience from other societies in
transition suggest, this enhances opportunities for more sophisticated and organised
criminal operations which must be countered by equally sophisticated government responses.
This implies improving technological systems and human resource capabilities.
Organised criminal activity, while present
before 1994, was not recognised as a concern. Countering organised crime has now become a
key goal of government. Police statistics suggest a large number of organised crime
syndicates operate in the country. These groups, many of whom have regional and
international links, engage in a number of illegal activities including the trafficking of
drugs and arms, vehicle theft and armed robbery. Government is therefore required to
respond to the regional and international character of crime by strengthening regional and
international co-operation.
Despite these challenges, international
evidence suggests that states in transition to democracy are seldom immediately able to
counter crime. On the one hand, authoritarian governance is usually accompanied by
policing methods inappropriate for crime prevention in a democratic environment. On the
other hand, the new state is often faced with the dilemma that it is required to govern
the society with the same instruments which were used to enforce authoritarian rule.
As has been outlined earlier, this was the
case in South Africa. The advent of democracy in 1994 heralded dramatic legislative and
policy changes in the safety and security environment. Primary among these was the
enactment of the Constitution which provides a framework for the structure,
political control, accountability and oversight of the national police service.
Key interventions were the establishment of
the National and Provincial Secretariats, charged with oversight and monitoring of the
police service, and the creation of the Independent Complaints Directorate (ICD) tasked
with the investigation of police misconduct, including deaths resulting from police action
and deaths in police custody. Given that the ICD began its operations in April 1997, it is
too early to rigorously assess its functioning. However, there can be no doubt that the
effective functioning of the ICD will deter the abuse of police powers.
Reducing crime however entails more than
policing, an effective system of criminal justice and appropriate systems of oversight.
Also required are new forms of governance and social control. In South Africa this process
is well underway with the establishment of elected government at all three levels. These
developments have all contributed to the stabilisation of crime.
In addition, it should be noted that
broader socio-economic factors such as rapid urbanisation, high levels of unemployment and
inequality between communities all influence safety and security. To counter this,
economic growth and social development must ensure that opportunities for some categories
of crime are limited. Crime control and prevention strategies must therefore be
underpinned by complementary social and economic policies.
These and other interventions are required
to ensure sustained reductions in crime levels in the medium and long term. Since 1994,
however, the pressures of attempting to meet both the Constitutional criteria for police
restructuring, as well as the challenges of policing in a democratic environment, have
dominated the policy environment.
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THE CHANGING POLICY ENVIRONMENT
The transformation process in the police
along with the pressures of crime, have resulted in a multiplicity of strategies and plans
within the Department of Safety and Security (see Appendix 1). An analysis of these
suggests that progress has been attained in many areas and that the transformation of the
Department to achieve greater effectiveness is underway. The transformation agenda set by
the democratic government since 1994 continues to present important challenges to the
Department of Safety and Security. The most important of these relate to the development
of a professional and representative public service.
Particularly relevant here are the White
Paper on the Transformation of the Public Service (Batho Pele), the White Paper on
Affirmative Action and legislative interventions related to employment equity issues. The
Batho Pele White Paper sets out a number of priorities, amongst which, the improvement of
service delivery is outlined as the key to transformation. This is because the public
service will be judged, above all, on whether it can meet the basic needs of all South
African citizens. This White Paper lays down the following eight principles for the
transformation of public service delivery:
- Consultation
- Service standards
- Access
- Courtesy
- Information
- Openness and transparency
- Redress
- Value for money
The White Paper on Affirmative Action
outlines the additional corrective steps which must be taken in order to ensure that those
who have been historically disadvantaged by unfair discrimination are able to derive full
benefit from an equitable employment environment. Thus, affirmative action programmes must
contain the following mandatory requirements:
- Numeric targets
- Employee profiles
- Affirmative action surveys
- A review of management practices
- Performance management
- Affirmative action plan
- Responsibilities
- Policy statement
The policies above demonstrate that
improving service delivery is directly related to the creation of a representative,
democratic and accountable Department of Safety and Security.
Furthermore a focus is needed on developing
an integrated human resource development strategy concentrating on, among other areas,
training, mechanisms to improve the recruitment of appropriate personnel and a
performance-based incentive system. Formulating such a strategy will form an immediate
priority for the Department.
It is clear that the Department of Safety
and Security needs to strengthen its efforts in transformation. However, some success has
already been achieved in important areas. In particular, the task of amalgamating separate
police forces and reorganising the service into national and provincial structures is
progressing well. A fundamental component of the amalgamation process is the
demilitarisation and civilianisation of the new police service.
A large number of strategies related to the
above are being pursued within the Department of Safety and Security. However, safety and
security policy more generally is determined through the overriding framework and
programmes of the NCPS.
The NCPS is intended as a comprehensive
multi-agency approach to crime prevention. It aims to influence the operations of the
Departments of Safety and Security, Justice, Correctional Services, Welfare, Defence,
Intelligence, Health and Education. Given that the justice system is a single enterprise,
the NCPS has established new co-ordination structures including joint decision making by
Directors-General and Ministers of NCPS departments.
The NCPS, as it has evolved, has the
following components:
- Co-ordination and integration of criminal
justice functions. This includes funding and joint decision making in criminal justice
departments. The flagship initiative here is the Integrated Justice System project which
will fundamentally affect the SAPS and other agencies, changing the way that information
pertaining to criminal cases is managed and processed.
- Co-ordination and leadership to address high
priority crime areas involving several departments and other actors. Because the
co-ordination of anti-crime efforts is weak, NCPS structures have increasingly taken on
this role. Several successes are being achieved, notably in border control and combating
vehicle theft.
- Research, advocacy and facilitation of crime
prevention programmes. This area is in its embryonic stage, due primarily to a lack of
dedicated capacity and resources.
Much has been learnt since 1994 about the
development of such policy approaches. In particular, experience suggests that while
co-ordination between departments of the justice system is important, improvements here
will not in themselves solve internal problems of capacity. The effectiveness of the
justice system relies not only on co-ordination, but also on the success of individual
departments in performing their line function responsibilities.
[ Top ]
TOWARDS EFFECTIVE LAW ENFORCEMENT
The formulation of policy over the last
four years has resulted in a sophisticated and diverse set of objectives. This has
reflected the complexity of both the crime prevention exercise and the demands of
achieving effective policing in the context of political transition.
Building a legitimate and effective
law enforcement organisation is an essential part of this process. In particular, this
requires an investment in, and focus on, the institutions which are essential to show that
the state can, and will, act against criminals. Nowhere is this more clearly required than
in the area of police investigations.
While the new constitutional order makes
the job of the police more complex, by providing checks on their power and protecting the
rights of citizens, it does not prevent police from fighting crime. Instead, police
investigation practices as in other democracies require greater
sophistication and training. In South Africa this shift has been slow and is reflected in
a comparatively small number of cases which are successfully prosecuted.
While the police are only one component in
securing a conviction, police investigators have a key role to play. Unless investigations
are properly conducted and the work of prosecutors adequately supported, declining
convictions will continue.
The consequences of inadequate criminal
investigations should not be underestimated if criminal justice agencies are to show the
public that the state can act against crime. In the case of sophisticated and, in
particular, organised crime, there is little choice but to improve the investigative
capacity of the police. This also requires strengthening the link between police
investigators and prosecutors to ensure the conviction of offenders. This is highlighted
in Section IV.
Importantly also in the context of a rights
based society, is how best to meet the needs of citizens and in particular victims, in the
event of serious crimes. This requires an increase in the standards of professional
service provided by the SAPS.
In addition, improving the standard of
police service delivery requires targeting corruption within the Police Service and the
justice system. Fundamental to dealing with corruption is creating and sustaining
effective management systems that aim to strengthen administrative controls and to improve
morale.
Given the new focus on law enforcement in a
democracy, a key policy challenge is now to reduce crime in a way that does not divide
South Africa further along lines of race and privilege.
While a basic standard of enforcement
well above the present level is required, this must be balanced in
the long term by measures that reduce the number of people entering the justice system in
the first place. This does imply a trade-off between resources for law enforcement and
social crime prevention.
[ Top ]
TOWARDS EFFECTIVE SOCIAL CRIME PREVENTION
To rely on law enforcement alone will incur
huge costs associated with investigation, prosecution and imprisonment. Therefore, without
an adequate focus on crime prevention, the justice system will remain overburdened.
International experience suggests that it is more cost effective in the medium to long
term to invest in projects which prevent crime, than in simply spending more on the
institutions of policing, courts and corrections. These reactive responses to crime, in
addition to proving more expensive in the longer term, also do little to improve the
quality of life of the country's citizens.
The importance of such preventive
interventions is emphasised by two factors. First, not all crime types can necessarily be
solved by policing. In particular, crime in poor communities can often be traced to
socio-economic circumstances which cannot be addressed by the police acting alone.
Secondly, as is emphasised in the NCPS, the
causes of crime need to be disaggregated for the purposes of preventive interventions.
Particular types of crime have different causes; these in turn may vary from locality to
locality and thus require specific solutions. It is also necessary to focus on strategies
- although relatively little data is available in this area - to counter "crimes of
greed"; such as "white-collar"; and commercial crime.
Thus social crime prevention is aimed at
reducing the social, economic and environmental factors conducive to particular types of
crime. Targeted crime prevention strategies must focus on the individual offender or
victim and the environment in which they live.
For example, research in the
Northern Cape which is supported by police docket analysis suggests that high alcohol
consumption (a result of historic distribution policies in wine growing areas) plays a key
contributing role in some types of crime, particularly, assault, domestic violence,
rape and murder. Thus, a multi-faceted strategy is required to effectively undercut these
crimes. This may require new alcohol control and distribution policies, programmes that
will consider environmental factors (the position of shebeens in relation to schools),
victim support as well as policing (regular patrols of high crime areas and enforcing of
alcohol related laws). It is clear that policing alone will do little to resolve
many of the Northern Cape"s crime problems. In fact, the Northern Cape has the
highest police/citizen ratio in the country. This example of the potential effectiveness
of social crime prevention is not isolated to the Northern Cape.
Such an example suggests that successful
crime prevention is critical to the poor, both because they are least able to cope with
the consequences of crime and because the socio-economic conditions at the root of many
crimes are often found in underprivileged areas. The government will, therefore,
specifically build the needs of the poor into any evaluative framework for crime
prevention programmes.
[ Top ]
STRATEGIC FOCUS AREAS
This section highlights the need for
critical policy choices to be made. It is important to again stress that these do not
ignore the current interventions dealing with police transformation, including issues of
affirmative action and community policing. Such ongoing initiatives underpin the policy
proposals of the White Paper.
In order to achieve a
safer and more secure society, intervention is now required in two key areas:
- Law enforcement
- Social crime prevention
|
These policy priorities are addressed in
Section II and III respectively.
|
CRIME
PREVENTION
All activities which reduce,
deter or prevent the occurrence of specific crimes firstly, by altering the environment in
which they occur, secondly by changing the conditions which are thought to cause them, and
thirdly by providing a strong deterrent in the form of an effective Justice System. |
DIAGRAM 2: CRIME
PREVENTION FRAMEWORK FOR WHITE PAPER
|
CRIME
PREVENTION THROUGH EFFECTIVE CRIMINAL JUSTICE
|
SOCIAL
CRIME PREVENTION |
Reduces the
opportunity for crime by making it more difficult
to commit crimes, more risky or less rewarding. Effective law enforcement creates a strong deterrent to crime. |
Reduces the socio-economic and
environmental factors that
influence people to commit crimes and become persistent
offenders. |
HOW IS IT ACHIEVED?
- Justice system acts as a deterrent
- Law enforcement
- Rehabilitation and reintegration
- Active visible policing
- Successful investigations
- Victim empowerment
|
HOW IS IT
ACHIEVED?
- Designing out crime
- Education
- Promoting social cohesion
- Supporting youth and families and groups at
risk
- Breaking cycles of violence
- Promoting individual responsibility
- Socio-economic interventions to undercut
causes of
crime
|
WHO IS RESPONSIBLE:
- All levels of Government
- All Government departments, particularly
those engaged
in the National Crime Prevention Strategy
- South African Police Service
|
WHO IS RESPONSIBLE:
- All levels of Government
- Government departments such as Housing,
Education,
Welfare, Health
- Municipalities
- National Crime Prevention Strategy
- Organisations of civil society
- Citizens and residents of South Africa.
|
[ Top ]
SECTION II
POLICY PRIORITY: LAW
ENFORCEMENT IN A DEMOCRACY
Focus
areas
-
Improved criminal investigations
-
Active visible policing
-
Service to victims
|
The previous section motivated the need for
law enforcement to meet the safety and security requirements of democratic South Africa.
If policing is to improve safety and security, it will do so through arresting and
bringing suspects to court with good evidence. If effective, this will act as a deterrent
to potential offenders and counter the perception of impunity and lack of respect for the
law which exists in South Africa.
To achieve this, the following is required:
- Improving the investigative capacity of the
SAPS.
- Implementing targeted visible policing.
- Meeting the needs of victims through
adequate service delivery.
1. IMPROVING CRIMINAL INVESTIGATIONS
Goal: To increase the effectiveness and
efficiency of criminal investigations
One of the primary focus areas for policing
in the course of the next five years will be on improving the quality of criminal
investigations. Improving the capacity of the SAPS to do this means allocating sufficient
resources to detection and developing the skills and techniques of the relevant SAPS
personnel. In particular, the needs of the police with regard to the management of
investigations and information as well as technical support must be met. In addition, it
is acknowledged that adequate service delivery to victims of crime is an essential
component of successful investigations (see Focus Area 3 below).
It should be noted, however, that the
responsibility for securing a conviction once a suspect has been brought to court, rests
both with the police (who collect the evidence) and with the prosecution (who must argue
the case). Thus, effective deterrence depends on support from criminal justice agencies
outside of the SAPS. This requires improved co-operation between the Departments of Safety
and Security, Justice, Correctional Services as well as the intelligence community. This
in turn emphasises the importance of the Integrated Justice System project currently being
implemented through the NCPS. The Integrated Justice System project, a flagship
project of the NCPS, aims to enhance the effectiveness of the justice system through
greater co-ordination and, particularly, improving the flow of information across the
relevant departments.
It also points to the Department"s
commitment to ensuring a policing and justice system that is technologically advanced.
[ Top ]
Specific interventions to improve
investigations
Increase numbers:
International comparisons of the ratio between the number of detectives and the total
number of cases under investigation, suggest that the detective components of the SAPS are
understaffed. Therefore, the number of personnel involved in investigations should be
increased to improve the ability of the police service to deal efficiently and effectively
with the case load.
Training: Detective training
currently lacks practical application and there is little structured mentoring for
detectives once appointed. The establishment of the SAPS Detective Academy will go some
way in addressing these problems, specifically with regard to the skilling of specialised
investigation units. However, the appointment of large numbers of new investigators will
require a more extensive and practical training programme.
Detective management:
The
management of the detective function must be enhanced to improve deployment and
performance. The roles and authority of management must be clarified. Performance
indicators for detectives need to be set and monitored.
Crime intelligence:
The
effective use of crime intelligence is fundamental to law enforcement. While the crime
intelligence functions of the SAPS are separate from those of detection, close
co-operation and co-ordination is required. The collection, analysis and management of
crime intelligence must be improved. These functions are crucial, particularly to
proactive investigations which focus on, among other things, organised crime. Regarding
the collection of crime intelligence, the following should be noted:
- The value of crime intelligence to policing
is directly related to the extent to which it is useful for the prevention and
investigation of crime.
- The gathering and collection of crime
intelligence must take place within the confines of the law.
- The informer system remains an integral
component of the investigation function. However it must be continuously appraised for
quality, reliability, extensiveness and integrity. It is vital that the system of crime
intelligence is effectively developed across all South African communities. Co-operation
with intelligence agencies is essential in this regard.
- Crime intelligence analysts should be
appointed to the SAPS to assist in improving the quality of intelligence used by
detectives.
- To be effective, intelligence should be
accessible with due regard to issues of security to relevant users within
the police service.
The value of crime intelligence is that it
performs a critical pro-active function. Thus, the effective application of intelligence
requires co-operation between the SAPS, the National Intelligence Agency, the South
African Secret Service and the intelligence functions of the Department of Defence.
Further, enhanced international co-operation is required particularly for dealing with
organised crime. Effective co-operation is also required with the Independent Complaints
Directorate in relation to internal investigations.
Specialised investigation units:
Special investigative techniques are required for dealing with a range of complex crimes.
Specialised units should continue to be established where a high degree of skill,
particular techniques, experience or knowledge are required. However, clear criteria for
the establishment of specialised units must be formulated.
Such units should only be constituted where
the crime problem requiring attention is sufficiently serious, but not such that it would
be more cost effective for all members of the SAPS to be skilled in its resolution. The
degree or seriousness of any crime trend or type should be determined by:
- its effects on socio-economic development;
- the degree of public concern;
- the frequency of its occurrence; and
- its geographic location.
Sharing the burden: The
appropriateness of shifting some investigations to other role-players and spheres of
government will be examined as a matter of urgency in order to allow experienced
detectives to focus on serious crimes. An example here would be the shifting of
responsibility for the investigation of road traffic accidents and offences to local
government where local government has the required capacity. Clearly, however this
requires a detailed assessment of the appropriateness of shifting such responsibilities,
an analysis of the capacity to assume such functions and an understanding of the legal
ramifications of doing so.
2. VISIBLE POLICING
Goal: To target visible policing to address
specific crimes and the fear of crime
Comparative evidence suggests that where
visible policing programmes are vigorously implemented and offenders arrested, crime and
the fear of crime decrease.
For visible policing to be effective,
police officers on the beat need to assertively perform their policing functions. This
entails communicating with members of the public and engaging in street level law
enforcement. Because effective visible policing entails vigorous law enforcement, it
relies on the support of the local community. It therefore must be conducted in terms of
the relevant principles of the Batho Pele White Paper (see Section I). Police training
would also need to incorporate these elements.
Accurate crime information regarding the
locality and nature of crime in a particular area is central to effective visible
policing. To ensure that these interventions reduce crime, the establishment of an overt
crime analysis and information capacity must urgently receive attention at local level.
Given the renewed focus on crime
investigation and the consequent increase in personnel involved in investigations, it is
essential that the capacity to implement visible policing be augmented through
partnerships with local government.
Implementing effective visible policing
Visible policing can be conducted in
various ways to achieve specific objectives:
Preventive patrol: This
consists of a constant uniformed police presence in an area targeted on the basis of
analysis of crime patterns. Officers on patrol activities can also respond to incidents
reported by the public the immediacy of the response being determined by the
seriousness of the incident. This type of patrol has been found to be most effective in
major urban areas. Municipal police services have an important role to play in this regard
(see Section V).
Directed patrol:
This
involves the assignment of patrol officers to provide a visible presence in a specific
location for a limited period and for a particular purpose. Directed patrol relies on
crime analysis to provide timely information on crime patterns in any area.
Sector policing: This entails
the division of areas into smaller managerial sectors and the assignment of police
officers to these areas on a full time basis. These police officers regularly patrol their
own sector and are able to identify problems and seek appropriate solutions. Sector
policing encourages constant contact with members of local communities.
Directed patrol and sector policing should
be:
- Proactively, vigorously, and fairly
conducted.
- Based on clear instructions from police
commanders to patrol officers.
- Planned on the basis of crime analysis.
- Focused on specific problems within any
area.
- Implemented on the basis of specific time
frames.
- Developed in collaboration with municipal
police services and other relevant role-players.
High density policing: This
entails the saturation of areas experiencing high levels of crime with patrolling police
officers. Policing of this nature is often required to stabilise high crime areas so that
normal policing can resume. Such interventions go beyond merely saturating any area with
police. They entail increasing the number of police officers for a particular purpose,
which includes making arrests.
In South Africa, high density policing is
largely performed by the public order units of the SAPS. These units are tasked with the
primary function of managing incidents of public collective action. Given the shortage of
policing resources and the relatively well organised and disciplined nature of the public
order units, these constitute an important resource, which should be used strategically,
drawing on the accurate and timely provision of intelligence.
[ Top ]
3. PROVIDING ADEQUATE SERVICE TO VICTIMS
Goal: Improving the quality of service
delivery to victims of crime
Victimisation constitutes a violation of
human rights. Empowerment of victims of crime therefore restores human rights and is an
important element of police service delivery.
International experience has shown that
effective management of both direct and indirect victims and witnesses of crime is a vital
part of successful police investigations. This is, in itself, integral to community
policing which seeks to build relationships between the police and local communities.
Victims and witnesses play an important
role in assisting the police in the collection of evidence and through participating in
the process of prosecution. This means that improved victim support and empowerment can
assist investigations and serve as a means of altering public perceptions of police
effectiveness. Thus, the link between victim support and successful investigations is
critical to improving service delivery and therefore to enhancing public confidence in the
police.
It should be recognised that the police
themselves are disproportionately victims of violent acts during the course of performing
their duties. Specific responses to support these officers and their families will
continue to be developed.
The Department subscribes to
internationally accepted victim"s rights, which include the following:
- The right to be treated with respect and
dignity;
- The right to offer information;
- The right to receive information;
- The right to legal advice; and,
- The right to protection.
These principles imply the following for
police service delivery:
- The questioning of victims and other
witnesses throughout the investigation should be carried out with respect for the dignity
of the individual.
- Where required, priority should be given to
the protection of victims and witnesses during investigations.
- Appropriate conditions constraining
defendants or offenders from contacting a victim or witness should be included in the
provisions of bail, non-custodial sentences and parole. Victims should always be informed
of the details of these conditions and should have clear information on the action to be
taken if they are breached.
- Consistent report back to victims on the
progress of all investigations and prosecutions must be built into the management of
cases. This should be a key performance indicator of the quality of police investigations.
- Where relevant, procedures should be
developed to ensure that offenders are not able to identify witnesses.
- Specific guidelines for use at station level
should be developed to ensure that in cases in which women have been victims of sexual
offences, rape or domestic violence, they are treated with extra dignity, compassion and
care.
- Specific guidelines for use at station level
should be developed to ensure that juvenile and child victims receive special protection
and care. This also applies to other vulnerable groups and the disabled.
- At local level, the police should support
and participate in networks with health services, social workers, non-government and
community-based organisations which provide victims with assistance, support and
counselling.
Specific interventions in the areas listed
above must take cognisance of the existing work of the NCPS Victim Empowerment Programme
driven by the Department of Welfare.
[ Top ]
SECTION III
POLICY PRIORITY: ENSURING EFFECTIVE CRIME
PREVENTION
Focus areas
-
Initiating, co-ordinating and evaluating
social crime prevention at national, provincial and local level
-
Co-ordination for improving the integrated
justice system
|
As indicated in the previous section,
effective law enforcement by the police and the criminal justice system play a vital role
in preventing and deterring crime. However, law enforcement alone cannot reduce the social
and economic factors which contribute to crime. These require a different set of
preventative interventions.
Crime prevention and, particularly, social
crime prevention, not only targets the causes of crime, but in the longer term, does so in
the most cost-effective way. It addresses those factors that contribute to the occurrence
of crime, and requires a focus on three broad and overlapping target groups or areas:
- Offender based strategies focus on those
known to be criminals, or thought to be at risk of offending, and aim to ensure positive
behavioural change.
- Victim based strategies focus on support for
those who have become victims of crime by providing information aimed at minimising the
likelihood of victimisation.
- Environment based strategies aim at altering
the social, economic and other related factors which contribute to the occurrence of
crime.
Crime prevention strategies therefore focus
on those groups most at risk of either offending or becoming victims of crime, for
example, poor communities, the youth, women and children and the disabled. Comparative
international experience, recently documented in the Crime Prevention Digest
(International Centre for the Prevention of Crime, 1997) and a report to the United States
Congress entitled Preventing Crime: What works, what doesn't, what's promising
(Sherman et al., 1997), indicates that programmes focussed on the youth, families and
communities as well as programmes focussed on reducing the opportunities for crime, have
reduced delinquency, violence and insecurity in both the short and long-term.
The resources available to all levels of
government are limited. Crime prevention must therefore emphasise more effective and
efficient use of existing resources. Social crime strategies therefore need to optimise
current initiatives and facilitate multi-agency networks through which experience,
resources and functions can be shared.
Effective crime prevention strategies would
therefore need to involve partnerships between government bodies and structures of civil
society to address certain factors contributing to crime. Internationally, it has been
demonstrated that the criteria for successful crime prevention through targeted
partnerships include:
- Political commitment to build safer
communities through partnerships.
- Involvement of social services such as
housing, health, recreation and sport, urban planning and local government, and the
justice system.
- Adequate community crime prevention
planning.
- Professional co-ordination.
- National support for local action.
AREAS FOR INTERVENTION
The target groups outlined above can be
reached through social crime prevention strategies which fall into one or more of the
following broad categories:
- Developmental crime prevention:
Such interventions address factors contributing to delinquency and violent offending,
which may relate to socio-economic deprivation, marginalisation, fragmented communities
and disrupted families be they in urban or rural areas. Projects include early learning
programmes, structured parenting guidance and support programmes for youth at risk, which
aim at training and enhancing prospects for employment. Projects in this arena require the
commitment and assistance of many government departments, some of whom are already
undertaking such work.
- Situational crime prevention:
These
strategies diminish opportunities for crime by modifying the situations in which offending
occurs. This encompasses crime prevention through environmental design, focusing on making
the built environment less conducive to crime. Projects here include, for example,
improving mechanisms for surveillance through better lighting and layout of urban centres,
or more generally, designing systems to restrict the availability and use of firearms or
alcohol. Also included here are programmes aimed at dealing with the economic rationale
for certain crime.
- Community crime prevention:
These
interventions involve communities taking responsibility for crime prevention in their own
neighbourhoods. Such interventions involve localised programs which mobilise a range of
interest groups to address crime prevention on a town or city basis. Projects could
include effective rehabilitation through effective community corrections aimed at reducing
repeat offending.
- Continuous improvements to the
integrated justice system: An effective justice system acts as a deterrent and
improves support to victims and the management of offenders. It is therefore critical that
the justice system operates as a single enterprise through which information and
activities crucial to victim support, offender management and crime prevention are shared
to enhance the effectiveness of the justice system.
Implementing crime prevention in these ways
requires targeting specific crime problems through multifaceted strategies that aim to
combat and prevent a single offence or category of offences. Social crime prevention
therefore requires a multi-departmental or multi-sectoral approach. Also, such
interventions should be located at all levels of government and should include relevant
organisations of civil society.
The key to implementing crime prevention
lies at the provincial and local level (see below). However, national leadership,
co-ordination and funds are required to provide incentives and guidelines for ensuring
effective provincial and local implementation. This includes building the capacity to
manage crime prevention projects in the short to medium term. The NCPS provided a national
vision and framework for preventing crime. What is now required is to institutionalise
the management and planning at national level to ensure effective implementation at all
tiers of government and effective learning and information exchange.
In line with this, a National Crime
Prevention Strategy Centre (NCPSC) situated within the Department of Safety and Security
at national level, is required. This Centre will function to initiate, co-ordinate and
facilitate crime prevention programmes. This includes the initiation of high impact
nationally driven projects. In addition, the office will be responsible for ensuring
continuous improvement of the justice system.
In order to give effect to this mandate,
crime prevention legislation needs to be developed to determine roles and responsibilities
across departments and sectors and to provide for incentives for delivery.
NATIONAL CRIME PREVENTION STRATEGY CENTRE
Goal: To establish a Centre responsible for
both social crime prevention and facilitating improvements to the criminal justice system
The functions of the Centre will be
twofold:
- Social crime prevention, including
developing systems to reduce the opportunities and economic rationale for certain crimes
such as motor vehicle theft and corruption.
- Achieving an integrated justice system.
This Centre will therefore continue the
mandated work of the Department of Safety and Security in the NCPS.
Functions of the National Crime
Prevention Strategy Centre
Achieving effective social crime prevention
and an integrated justice system requires:
- Establishing a national vision and the
identification of priorities. This will involve a strong research, monitoring and
information component.
- Mobilising other government departments such
as Justice, Correctional Services, Welfare, Education, Public Service and Administration
and Transport who have a role to play in crime prevention initiatives.
- Assisting provincial and local government in
preventing crime by providing research, technical guidance, training and the sharing of
best practice.
- Working in partnership with the provinces,
local government and civil society to develop crime prevention programmes.
- Providing seed funding for targeted social
crime prevention programmes.
- Continuous improvements to the criminal
justice system to effectively assist in, among other areas, case, offender, victim and
workload management.
- Assist in co-ordinating and managing the
prevention of certain priority crimes as identified in the annual planning process.
The efficacy of the National Crime
Prevention Strategy Centre strategic approach will be rigorously evaluated in the next
three to five years.
[ Top ]
TOWARDS AN INTEGRATED SYSTEM OF CRIME
PREVENTION
Key to successful crime prevention, it has
been argued, are not only national leadership and co-operation between national
departments on the issue, but also ensuring that crime prevention becomes an entrenched
principle at other spheres of government.
Provincial government, in particular, has a
key role to play in this process by initiating and co-ordinating social crime prevention
initiatives within provinces. This role involves co-ordination of a range of provincial
functions and role-players -; health, education, welfare, transport and local government
-; to achieve more effective crime prevention. Programmes at provincial level should focus
on assisting local government and on those communities often most at risk (but least
likely to receive crime prevention support), such as the poor in rural and peri-urban
areas. Specific policy related to this will be urgently developed.
Provincial governments have already
accepted their role in social crime prevention. The NCPS summits held during 1996 and 1997
emerged with innovative project plans in this regard. However, there is still some way to
go in activating provincial crime prevention initiatives. This is partly because of the
absence of an effective mechanism for implementation and co-ordination in most provinces,
as well as a shortage of funding. The specific roles and responsibilities of provincial
governments in this regard are outlined in Section V.
Local government, the level of government
which is closest to the citizenry, is uniquely placed to actively participate in social
crime prevention initiatives and to redirect the provision of services to facilitate crime
prevention. Many issues of day-to-day governance and crime prevention are inherent to the
functions of local government. The role and functions of local government in relation to
crime prevention are outlined in more detail in Section V.
In addition to the above, civil society
groups, such as religious institutions, non-government, business and community based
organisations and trade unions, have a key role to play in resourcing, supporting and
conducting local social crime prevention programmes. In particular, these organisations
have the responsibility to ensure that preventing crime within their organisations becomes
a priority.
The use of a variety of agencies which
co-ordinate their activities in a concerted effort to prevent crime is the key to the
success of local crime prevention. A multi-agency approach to developing and implementing
crime prevention programmes increases efficiency and effectiveness by pooling resources
and avoiding the duplication of services. Comparative international experience suggests
that real reductions in crime can be achieved in this way.
DIAGRAM 3: NATIONAL,
PROVINCIAL AND LOCAL GOVERNMENT RELATIONSHIP FOR SOCIAL CRIME PREVENTION

[ Top ]
SECTION IV
INSTITUTIONAL REFORM AT NATIONAL LEVEL
Focus area
-
Reforming the structures of safety and
security at national level to meet the goals of the White Paper
|
As has already been argued, policing in
South Africa before 1994 was authoritarian and characterised by weak accountability and a
lack of civilian input into policing policy. The National Commissioner of the South
African Police (SAP) was responsible for policy formulation, budgeting and operations and
the police force thus maintained an extensive degree of autonomy.
In 1994 the government's assessment of the
nature of the SAPS, and therefore the form that civilian oversight would take, was shaped
by the realities of the immediate transition environment. Therefore civilian Secretariats
were established at national and provincial level to provide oversight and monitoring over
the new SAPS.
These institutional arrangements reflected
government's concern with police commitment to the new democracy. The current context in
which policing policy is made differs from that in 1994. The police need to be viewed as
trusted vehicles of law enforcement in the new democracy. The focus of accountability is
now primarily to ensure effective service delivery to the public and must be shaped to
reflect those in other democracies.
Part of this process entails reforming the
system in which policy planning and budgeting occurs within the Department of Safety and
Security. Achieving this will ensure that South Africa reflects more accurately how this
process is conducted in other democracies. In all democratic states the determination and
allocation of the police budget, where it occurs at national level, is carried out by
non-police or civilian officials who are also central - in conjunction with political
representatives and the police - in determining policy priorities. Money is then allocated
to the operational police organisation/s who conduct the actual police work. Thus, for
example, in the United Kingdom, the Home Office (following the direction of political
principals) determines high level policing policy and priorities and then allocates funds
to a number of regional police agencies who conduct the operational police work.
In South Africa this means in effect that
the Secretary for Safety and Security, a civilian appointment outside of the SAPS,
responsible for high level policy advice and support to the Minister - instead of the
National Commissioner of the SAPS as is current practice -should become the accounting
officer for the Department of Safety and Security. Such a system allows not only an
ability to match policy priorities with operational performance, but also ensures more
effective monitoring of the police, while distancing the police themselves from the
political wrangling necessary to secure their budget. The advantages and principles
underlying this approach are spelt out in more detail below.
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ACCOUNTABILITY AND SERVICE DELIVERY
The Minister of Safety and Security is
responsible for the development, monitoring and implementation of policy and is
accountable for all these dimensions. Comparative international experience has shown that
conflicts of interest - particularly between the policy, monitoring and implementation
functions - impact negatively on government"s ability to redirect delivery to
priority areas.
Ensuring effective service delivery and
systems of accountability thus requires a reorganisation of policy, monitoring and
implementation functions. The role of the Minister (supported by the Secretary for Safety
and Security) is to set policy objectives and measure the effectiveness and efficiency of
the SAPS and the National Crime Prevention Strategy Centre in meeting these targets. By
reorganising these functions, systems of accountability are improved and managerial
responsibility is clearly allocated.
Such an approach aims at separating
departmental service delivery functions from the determination of strategic policy and the
setting of broad objectives at the political level. It also clarifies roles and
responsibilities within the Department. This is particularly relevant to issues of safety
and security, given the dual functions of policing and social crime prevention as outlined
in the White Paper. Thus, institutional reform is intended to provide a clear delineation
of the roles and responsibilities of the various actors in the delivery of safety and
security, while recognising that their functions are closely and continuously
inter-related.
Principles of institutional reform
The following key principles inform
institutional reform:
- Appropriate demarcation between political
decision making and operational command. This principle is motivated by the constitutional
and legislative mandate of the Minister to provide positive policy direction in the form
of national policing policy and to account to Parliament for its implementation. Applying
this principle means a separation of the political policy imperatives of government and
operational management and is intended to ensure that policy of relevance to safety and
security does not become the exclusive preserve of the SAPS, as it was in the past. Also,
application of this principle is intended to ensure that policy advice is geared towards
meeting the needs of the public rather than focusing solely on the needs of the SAPS.
- Structuring the Department of Safety and
Security to provide clear lines of responsibility and accountability and the alignment of
policy, planning and budgeting.
- Ensuring relationships based on performance
agreements to guarantee quality service delivery from implementing agencies.
- Maintaining one clear line of command,
control and communication within police operational structures to facilitate clear
managerial responsibility for implementation at the national, provincial and local level
of the SAPS. This is motivated by the constitutional and legislative mandate of the
National Commissioner of the SAPS to exercise executive management and control of the
SAPS.
- Enhancing the focus on both the core
business of the police as well as the key role of the Department of Safety and Security in
delivering crime prevention.
- Providing incentives for improved service
and disincentives for inadequate service through both clearer delineation of roles and
responsibilities, and better capacity to monitor service delivery.
The principles outlined above suggest a
mode of accountability based on performance agreements between those responsible for
service delivery and those responsible for policy and regulatory functions (in the latter
case, the Minister supported by the Secretariat). A key element of this arrangement is
thus developing, monitoring and maintaining a professional and performance-based
relationship with those institutions in government tasked with the provision of law
enforcement and the facilitation and delivery of crime prevention.
This approach means that the responsibility
and accountability for the implementation of government policy related to social crime
prevention and policing are allocated to institutions within the state. It also allocates
executive functions to clearly delineate managerial responsibility and accountability as a
means of improving service delivery. In effect, this approach positions the Minister as
the champion of particular outcomes, while the heads of the Secretariat and SAPS are
responsible for managing inputs to deliver on agreed performance outputs.
The approach allows for:
- A clear integration of policy, planning and
budgetary processes.
- Service delivery structured, via performance
agreements (see below), on business principles to result in optimal resource utilisation.
- A phased implementation approach which
reduces the probability of organisational instability.
- Flexible budgeting based on business
principles.
- A performance based incentive system through
the creation of performance management relationships. The envisaged system of performance
agreements would articulate clear indicators against which the performance of the SAPS and
the Secretariat at national and provincial levels, and their resource needs, could be
measured. Such performance agreements would determine the measurable objectives to be
achieved by key senior personnel in the Secretariat and the SAPS to ensure improved levels
of service delivery.
DEPARTMENTAL STRUCTURE: ROLES AND
RESPONSIBILITIES
Institutional reform of the Department of
Safety and Security at the national level is to be informed by the following outline of
broad roles and responsibilities.
Minister of Safety and Security
- To account to the President, Cabinet and
Parliament for the management and delivery of safety and security services.
- To provide, with the support of the
Secretary of Safety and Security, the national policing policy which directs the SAPS and
to be accountable for the implementation of this policy.
- To provide, with the support of the
Secretary of Safety and Security, direction for implementing the NCPS and facilitating
targeted social crime prevention.
- To appropriate from Parliament, with the
support of the Secretary of Safety and Security, the single budget vote for the Department
and to direct the use of the budget which would consist of separate expenditure
allocations for crime prevention and for policing.
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Secretary of Safety and Security
The Secretary of Safety and Security will
be a public servant directed by the Minister to function as Head of Department and
Accounting Officer for the Department of Safety and Security. On behalf of the Minister,
the Secretary will take responsibility for the following functions which constitute the
activities of the Department:
- Policy, strategy and budgeting:
Strategic and indicative planning, research and the formulation of departmental policy
proposals, which, when approved by the Minister, would guide the activities of the SAPS
and National Crime Prevention Strategy Centre. The internal negotiation, preparation and
allocation of the budget for the Department of Safety and Security, which includes
separate budgets for crime prevention and for policing.
- Audit: Monitoring expenditure
of the Department"s budget to ensure alignment with the policies approved by the
Minister. Monitoring the effectiveness and efficiency of the implementation of these
policies.
- Contracts: The negotiation,
development, implementation and performance control of the performance agreements which
direct the functions of the SAPS and the National Crime Prevention Strategy Centre.
- Government support: To provide
ministerial support services, particularly with regard to management of the administrative
requirements of the Minister"s responsibilities towards the Executive Co-ordinating
Committee (ECC), cabinet and other state structures. Also the management and control of
departmental, international, media and stakeholder liaison as well as legal services.
- Communication: To provide a
communications capacity to enhance internal communication within the Department and the
implementation of a communication strategy aimed at informing and mobilising role-players,
stakeholders and partners outside of the Department regarding the delivery of safety and
security services, and in particular, the implementation of the White Paper.
- Departmental issues: To
account to the Minister and to Parliament on Departmental issues and activities from time
to time or as requested.
South African Police Service
The objectives of the South African Police
Service are to prevent, combat and investigate crime, maintain public order, protect and
secure the inhabitants of the Republic and their property, and uphold and enforce the law.
The SAPS is headed by a National Commissioner appointed by the President to fulfil the
terms of a performance agreement outlining specific performance indicators as approved by
the Minister of Safety and Security, for a specified period. This entails the following:
- Assuming responsibility for the executive
command and control of the SAPS in the performance of the objectives of the police as set
out in the Constitution. The National Commissioner therefore functions as accounting
officer for the management and expenditure of the budget allocated to the SAPS.
- Providing an effective and efficient
policing service in terms of the specific performance indicators outlined in the
performance agreement which directs the National Commissioner to manage and control the
SAPS to meet specific goals.
- Formulating an operational budget for its
line and support functions in terms of the national policing policy articulated by the
Minister and the terms of the National Commissioner"s performance agreement.
- Maintaining executive management control and
accountability for this budget and the associated performance agreements.
- Ensuring effective and efficient management
and control of police resources, including human resources, to meet the specific goals
articulated by the Minister in the performance agreement.
- Focusing, during the next five years, the
resources and activities of the SAPS on the three major policing priorities outlined in
the White Paper, namely the enhancement of:
- criminal investigation;
- crime prevention through targeted visible
policing; and;
- service delivery through support to victims
of crime.
- To account to the Minister and to Parliament
on policing issues and activities from time to time or as requested.
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National Crime Prevention Strategy
Centre
The National Crime Prevention Strategy
Centre will be responsible for continuing the work of the Department of Safety and
Security in relation to the NCPS, including co-ordinating and facilitating the
Director"s-General and Ministers" joint decision-making structures.
The detailed function of the Centre as well
as related crime prevention issues will be spelled out in future legislation.
Its head will be appointed on the basis of
a performance agreement by the Department of Safety and Security and will be responsible
for:
- Researching and developing an accessible
resource base regarding appropriate best practice related to the delivery of crime
prevention.
- Developing social crime prevention policies
and initiatives to facilitate the delivery of crime prevention.
- Facilitating delivery of social crime
prevention interventions through negotiation with provincial and local government, the
private sector and organisations of civil society.
- Facilitating delivery of targeted social
crime prevention interventions by providing seed funding for which provincial and local
government, non-government and community based organisations can bid for on a
project-by-project basis.
- Developing interventions, through systems
analyses, aimed at dealing with the economic rationale for certain crimes.
- Monitoring the effectiveness of social crime
prevention interventions at provincial and local level.
- Facilitating and monitoring continual
improvements in the justice system.
Given that crime prevention functions
require co-ordination between a range of government line functions, a coherent and
formalised relationship should be developed between the NCPSC and a number of government
departments during the consultation phase. This is in any event an outcome envisaged by
the NCPS.
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Independent Complaints Directorate
The ICD functions independently of the
Department of Safety and Security and reports directly to the Minister of Safety and
Security. The capacity and public profile of the ICD must be enhanced to ensure it is able
to carry out its mandate effectively. The ICD performs the following functions:
- Investigating police misconduct or any
offence allegedly committed by a member of the SAPS.
- Investigating any death in police custody or
as a result of police action.
- Investigating any matter referred to it by
the Minister or MEC for Safety and Security.
The Executive Director of the ICD is the
accounting officer for the budget of the ICD which is received directly from Parliament.
For purposes of improving policy
development and monitoring in the Department, it is necessary to strengthen the
co-operative relationship between the ICD and the Secretariat for Safety and Security
DIAGRAM 4: NATIONAL
INSTITUTIONAL REFORM
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SECTION V
INSTITUTIONAL REFORM AT PROVINCIAL AND
LOCAL LEVEL
Focus area
-
Reforming the structures of safety and
security at provincial and local level to meet the goals of the White Paper
|
Provincial and local government have a
critical role to play in ensuring safer communities. In particular, provincial government
has a key role to play in the monitoring of the police as well as the co-ordination of a
range of agencies to ensure social crime prevention.
Local government has an important role to
play in planning crime prevention initiatives and co-ordinating a range of local agents in
ensuring implementation. This requires greater co-operation between elected local
government and the police service in the determination of local objectives and priorities.
THE ROLE OF PROVINCIAL GOVERNMENT
Institutional reform at the provincial
level should be informed by the principles outlined in Section IV. These are to be viewed
as an affirmation of the roles, functions and powers granted to provincial governments by
the provisions of the Constitution and the South African Police Service Act.
This legislation also affirms the key
principles of a single line of direction, responsibility and accountability as well as a
single line of command, control and communication within the operational structures of the
SAPS.
The mandated role of provincial government,
as outlined in the Constitution (Section 206.3) is:
- To monitor police conduct.
- To oversee the effectiveness and efficiency
of the police service, including receiving reports on the police service.
- To promote good relations between the police
and the community.
- To assess the effectiveness of visible
policing.
- To liaise with the Cabinet member
responsible for policing with respect to crime and policing in the province.
To give effect to the intention of the
legislation, the monitoring role envisaged for the provinces should be enhanced in terms
of their potential to deliver considered recommendations to inform the development of
national policing policy. Of particular importance in this regard is monitoring and
analysis aimed at assessing the efficiency, effectiveness and appropriateness of the
implementation of national policing policy in the provincial context.
The purpose of monitoring at provincial
level is broadly to ensure that government policy is adhered to, government objectives are
achieved and that the needs of communities are addressed. This requires a focus on:
- The degree to which the police are pursuing
the set and agreed upon priorities and objectives and are achieving any set or agreed upon
policing targets.
- Compliance with national policing policy and
directives prescribed by the Minister.
- The degree to which the police are rendering
an effective and efficient service in accordance with determined needs.
The effect and impact of a focused
monitoring programme based on national policing policy is critical. Comparative
international experience has shown that adequate monitoring ensures better policy
formulation and service delivery. Given this, the monitoring function should be integrated
with the indicative planning process at national level.
In order to ensure integration and
coherence regarding, in particular, the monitoring of national policing policy, a closer
working relationship and administrative co-ordination is required between the National and
Provincial Secretariats for Safety and Security. A national monitoring framework with
jointly agreed upon guidelines will be developed to facilitate this process.
In addition to the monitoring role outlined
above, provincial governments are tasked with the responsibility of leading social crime
prevention in their provinces. The provinces must consolidate and prioritise social crime
prevention initiatives and activities in alignment with national priorities.
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Provincial crime prevention
To ensure effective crime prevention at
provincial level, provinces should take responsibility for:
- Initiating and co-ordinating social crime
prevention programmes.
- Mobilising resources for social crime
prevention programmes.
- Co-ordinating a range of provincial
functions - health, education, welfare, and local government - to achieve more effective
crime prevention.
- Evaluating and supporting the social crime
prevention programmes at local government level.
- Implementing and taking joint responsibility
for social crime prevention programmes in areas where local government is poorly resourced
or lacks capacity. This should be done in consultation with local government.
- The establishment of public and private
partnerships to support crime prevention.
THE ROLE OF LOCAL GOVERNMENT
The decentralisation of policing functions
to the lowest possible level within the SAPS has become a core policy tenet, which
informs national policing policy. This focus on the empowerment of local policing aims to
ensure that the diverse needs of communities are met by innovative responses from SAPS
station commissioners. Thus, decentralisation will grant station commissioners more
autonomy over their human resources and asset management, policing priorities and the
strategies they adopt to meet them. This requires a greater emphasise by the Department on
training and the improvement of management skills at police station level.
Public fear of crime has led many local
governments to begin to consider ways in which the visible policing resources of the SAPS
can be supplemented. In many cases municipalities have empowered their traffic and
security departments to fight crime by providing visible patrols. Several local
governments are also now considering the establishment of local government police services
or municipal policing. However, this will largely be limited to major metropolitan areas
where the problems are most pressing and the resources and capacity required for
establishing such services are available.
The crime prevention functions of municipal
police services will be primarily exercised through the visible presence of law
enforcement officials by means of point duty, foot, vehicle or other patrols. Thus, the
Durban City Police have operated for many years as an effective and well trained visible
police service which has reduced crime and the fear of crime in that city.
Visible policing by municipal police
services will include responding to complaints and reacting to crime in instances where a
delay in activating a response from the SAPS could lead to loss of life, loss of property
or the escape of perpetrators.
It should be emphasised that the
establishment of municipal police services is not mandatory. Local governments should
carefully consider the financial sacrifice required before taking such a step. Many local
governments operate traffic and security departments, which carry out crime prevention
functions outside of any regulatory framework. In contrast, legislation on municipal
police services will provide an adequate system of oversight for the functioning of such
services. Municipal police service officers will retain the same powers - that of peace
officers - as currently held by traffic officers.
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Where established, municipal police
services will be responsible for the following in their areas of jurisdiction:
- Acting as the primary bodies policing road
traffic and related laws.
- Policing municipal by-laws.
- Performing visible policing and related
crime prevention functions.
In order to ensure that visible policing
conducted by municipal police services is effective, formal co-operation must be initiated
with the SAPS in areas where such services are established. This will be achieved through
joint information systems and the establishment of co-ordinating structures. It is also
essential that adequate systems of accountability and control - as envisaged in the South
African Police Service Amendment Bill, No.39 of 1998 - be in place.
DELIVERING CRIME PREVENTION AT LOCAL LEVEL
The rationale informing the
decentralisation of SAPS policing services applies also to the delivery of social crime
prevention. These initiatives can only work if they are focused on meeting the specific
needs of particular communities. Crime varies from locality to locality and requires
different solutions in different places to reduce it. While national government can
provide frameworks for encouraging and supporting crime prevention, implementation must
take place at local level.
City and town government is the level at
which planning can take the needs of local communities and their particular crime problems
into account, potentially providing an effective link between local representatives,
municipal departments and the SAPS. Many of the functions of local government relate, in
any event, to issues of local governance. Thus, notwithstanding any specific
interventions, local government has a key role to play in ensuring an environment less
conducive to crime.
Apart from this role however, international
experience suggests that without the co-operation of local government, social crime
prevention initiatives targeted at specific problems seldom succeed on the ground. Cities
and towns should be encouraged to establish strategies for crime prevention. These should
aim not only to ensure internally or externally initiated crime prevention interventions,
but also to align local resources and development objectives within a crime prevention
framework. Crime and crime prevention should be seen as central to the planning and
functions of all municipal department line functions.
The lack of crime prevention principles in
current development projects initiated by local government is cause for concern.
Initially, design interventions in these areas may amount to little more than assessing
the linkages between urban layout, the positioning of government services, and the
connection between increases and decreases in criminality. While the formulation of crime
prevention principles is currently underway at national level, there is much to be gained
from local co-operation between planners, architects, community representatives and the
police. Development projects which do not subscribe to crime prevention principles run the
risk of increasing the burden of the State, in particular the justice system.
Local government is well placed - provided
the required resources and capacity are available - to design and implement programmes
targeted at specific crime problems and groups at risk. Such prevention programmes can
either be financially supported by local government itself or through business, donor and
national government funding.
Already a number of cities have begun
exploring ways in which city government can be become active in the field of crime
prevention. Johannesburg, for example, has initiated a Safer Cities programme in
conjunction with the NCPS structures, while Pretoria, Cape Town and Durban are pursuing
similar initiatives.
In sum, local government involvement in
crime prevention can take a variety of forms. These can be broadly summarised into a
number of categories which span a spectrum of functions internal and external to municipal
government. These areas do not exclude each other (indeed, there is a considerable degree
of cross-over between them) and maximum impact will be achieved by a concentration in all
areas. The areas have been ordered, as far as is possible, ranging from those that require
the least financial commitment to those that require the most.
The local government crime prevention
spectrum
- The internal prevention of crime within the
structures of, and on the property of, the municipality.
- Working with local police in setting joint
priorities and identifying possible areas for local government intervention.
- Aligning internal resources and objectives
within a crime prevention framework.
- Ensuring development projects take account
of crime prevention principles.
- The co-ordination of crime prevention
initiatives operating within the municipal area to avoid duplication.
- The effective enforcement of by-laws to
ensure safer and cleaner environments less conducive to crime.
- Effective traffic law enforcement to ensure
well-managed and regulated environments less conducive to criminal activity.
- Assisting victims of crime through the
provision of information around what services are available or where capacity exists
providing limited victim support services.
- Initiating targeted crime prevention
programmes aimed at specific problems and groups at risk.
The fostering of a crime prevention culture
at local level in the context of limited resources will take time to achieve. The aim of
the White Paper is to begin this process by placing the issue of crime prevention firmly
on the agenda at local level. International experience has shown that much may be gained
from "learning by doing" an incremental approach which emphasises the
development of a culture of innovation and experimentation. Thus it is envisaged that the
shape and structure that crime prevention programmes or initiatives take at local level
across the country may vary from place to place.
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Notwithstanding this, national and
provincial government have a key role to play. Among others, this will include:
- Designing and initiating a capacity building
programme to enable municipalities to better incorporate crime prevention issues into the
execution of their normal functions.
- Where specific crime prevention programmes
are established the provision of expert guidance, monitoring, training, the provision of
material relating to best-practice and advice related to the obtaining of donor, business
and government funding.
- The inclusion of local government inputs
into the developing policy process around crime prevention at local level through the
establishment of local government crime prevention forums at provincial level. Here,
experiences of best-practice can be exchanged and national and provincial policy processes
impacted upon.
THE ROLE OF COMMUNITY POLICE FORUMS
As mentioned earlier, community policing
forms the bedrock of effective law enforcement and crime prevention. Importantly, as has
been demonstrated in South Africa and internationally, problem-oriented partnership
strategies for policing produce positive results in terms of reducing crime.
In fulfilling the crime prevention
functions as outlined above, local government should work in conjunction with Community
Police Forums (CPFs). Indeed, local government and CPFs are uniquely placed to
complement
each other. Local government, although police boundaries do not always match those of the
municipal authority, is well placed to work with the area level of police management (or
at least across a number of stations) in setting joint priorities and objectives in
conjunction with community police area boards. CPFs on the other hand are confined to the
precinct of only one police station area and have a key role to play in, among other
areas, the determination of and participation in crime prevention programmes.
It must be clearly recognised that
community police forums have played a valuable role in ensuring greater co-operation with
the SAPS at local level. This must continue. But given that democratically elected local
government has now been established, it is appropriate that the functions of CPFs be
supplemented
by duly elected representatives of local communities. This is particularly important in
the formulation of local policing priorities and crime prevention initiatives.
Initially, CPFs were established at police
stations across the country to ensure that station commissioners were more accountable to
those they served. This was done primarily to build trust and legitimacy, particularly in
those areas in which the relationship between the police and the community had been
characterised by mistrust and conflict. Many CPFs function effectively and sound
relationships have been built.
One of the positive developments in the
creation of CPFs has been the innovative and supportive partnerships with organisations of
civil society and the SAPS. This partnership approach should now be enhanced in
co-operation with local government. In particular, it is clear that the relationship
between local government and CPFs should be strengthened to ensure more effective crime
prevention at local level.
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CPFs should co-operate with local
government by:
- Jointly setting crime prevention priorities
and agreeing upon strategies to ensure their implementation.
- Assisting with the development of targeted
social crime prevention programmes.
- Identifying flashpoints, crime patterns and
community anti-crime priorities and communicating these to local government and the SAPS
and participating in problem solving.
- Mobilising and organising community based
campaigns and activities and the resources required to sustain them.
- Facilitating regular attendance by local
elected representatives at CPFs.
Given that the form that such partnerships
take varies from place to place, the White Paper does not wish to be overly prescriptive
in how these relationships are shaped. A detailed Policy Framework and Guidelines for
Community Policing was released by the Department in April 1997. This will be reviewed
in consultation with CPFs in order to provide clearer guidelines for co-operation between
local government and CPFs.
More generally however, the National
Secretariat, in consultation with the Provincial Secretariats, will continue to develop
guidelines and investigate issues related to the funding and sustainability of CPFs.
The diagram below illustrates the
relationship between local government, community police forums and the SAPS. It is
clear that the building of such relationships at local level will take time to achieve.
Discussion is required with the many role-players involved in achieving safety and
security at local level. Among others, the Departments of Transport and Constitutional
Development should be consulted.
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DIAGRAM 5:
RELATIONSHIPS AT LOCAL LEVEL
SECTION VI
COSTING IMPLICATIONS OF THE WHITE PAPER
Focus area
-
The framework and principles for costing
implementation
|
The White Paper is the over-arching policy
for the delivery of safety and security services over the next five years. It therefore
provides the framework for the implementation of specific programmes and projects to be
taken during this period. Given the high level policy focus of the White Paper, this
section does not provide the details of the implementation of specific programmes and
projects, but rather, suggests a framework for costing the White Paper. Thus, it is also
necessary to undertake an extensive strategy process that will outline the fixed goals and
time frames for action in the short, medium and longer-term. This will be completed as a
matter of urgency.
It should be emphasised that the White
Paper recognises that critical interventions are required to reduce the high levels of
crime in the country as soon as possible. In particular, it is recognised that the public
demand interventions that deliver immediate impact in order to secure a safer living
environment. The White Paper acknowledges this urgency and, in some of the interventions
outlined below, attempts to respond to this. The White Paper also acknowledges that
continued medium and long-term strategic interventions are required to reduce crime. These
should be based on sound research and analysis, which will determine where interventions
will be targeted in the course of the next five years.
Given that the White Paper is a policy
framework, it is difficult, without detailed analysis, to accurately cost its immediate
implications. What follows is a broad overview of the process in which an accurate
assessment can be made of the cost implications of the White Paper. This will entail
analysing how current expenditure can be re-oriented before motivating for additional
resources. However, given the proposals outlined in the White Paper regarding
institutional reform at national level, greater detail is provided here in terms of the
cost implications of this intervention.
The policy interventions outlined in the
White Paper articulate a back-to-basics approach which emphasises a renewed and enhanced
focus on the core business of the Department: reducing crime through the improved delivery
of policing and the provision of effective crime prevention services.
Apart from the costing implications, which
are outlined in more detail below, the policy priorities for policing and crime prevention
as set by the White Paper need to inform decision-making at all levels of the Department
and at all spheres of government. Specifically, the overall thrust in relation to the
provision of a better service to the public cannot be easily costed and will form an
integral component of planning at all levels of the organisation.
The primary issue addressed in the White
Paper is the reduction of crime in South Africa. In addressing this critical issue, the
Draft White Paper recommends policy interventions in three key areas, namely:
- The enhancement of law enforcement.
- The provision of crime prevention.
- Institutional reform to meet the delivery
goals of the White Paper.
THE ENHANCEMENT OF LAW ENFORCEMENT
The White Paper prioritises enhancing the
law enforcement capabilities of the Department, through improving the investigative
function, targeted visible policing and victim support. The White Paper therefore
advocates the optimisation of current resources and, particularly, the acceleration of
training and personnel development in these areas. Given the need to enhance these
functions, it is critical that the basic resource needs are also met.
Crime investigation:
Interventions
here require improvements in management systems, physical resources such as nation-wide
information systems, and basic, specialised and management training.
Visible policing:
Interventions here
require improvements in crime trend analysis at local level, training and physical
resources.
Victim empowerment:
In relation to
issues of victim empowerment, much can be achieved through a changed approach and an
emphasis on service delivery at station level. It must be emphasised that this focus on
victim empowerment should integrate with the Victim Empowerment Programme already running
under the auspices of the NCPS. Should additional interventions be required, they will be
funded through existing funds and international assistance. A number of agreements
regarding such assistance are already in place.
CRIME REDUCTION THROUGH PREVENTION
The strategy for implementing of the crime
prevention interventions in the White Paper must entail a data-driven learning process
aimed at improving analysis of the causes of crime.
This would enable, firstly, an informed
analysis of the external environment and specific types of crime; existing law enforcement
and preventive responses to these specific crime types; and, secondly, the development of
sound policies and strategies to reduce the occurrence of these crimes. This should be
based on continuous learning through interaction with pilot projects.
The aim is to generate new data in order to
inform the development of appropriate strategies to deal with specific high priority
crimes. Further, the data generated in this learning exercise would inform and guide the
building of the Department to ensure substantial improvements in the efficiency and
effectiveness of service delivery over the next five years. This would also ensure that an
integrated approach to the reduction of crime informs the development of future policy and
strategy and that this process becomes institutionalised in the Department.
This strategic approach therefore has two
components:
- An intense process of data-collection and
analysis to determine where crime prevention interventions are most likely to be
successful and where the greatest problem areas are.
- Initiating a process of pilot projects
throughout South Africa will ensure an incremental process of learning by doing, the
results of which would impact on strategic policy formulation in the area of crime
prevention.
Importantly, however, sustained analysis
around crime prevention should not be viewed separately from the process in which the
capacity of the Secretariat is reinforced (see below).
It should also be noted that pilot projects
in the major cities, which are currently being funded through allocations from the
Department as well as input from foreign donors, and from which much is being learned, are
already in the process of implementation. Such an integrated and ongoing approach
to the reduction of crime would clearly form an essential element of empowering the
Minister and the Department of Safety and Security to lead and inform crime prevention
strategies at national, provincial and local level.
It should be emphasized that expenditure on
informed and targeted crime prevention that is monitored effectively has substantial
long-term saving benefits for the country. This applies specifically to savings in the
criminal justice and health systems.
INSTITUTIONAL REFORM
The institutional reform outlined in the
White Paper enhances civilian oversight of the Department and integrates its activities.
This is intended to ensure that the Department becomes geared to deliver on its political
mandate and, therefore, that the South African public begins to receive an efficient
value-for-money return on its investment in safety and security.
It should be noted that a pre-requisite for
effective institutional reform would be a comprehensive audit of the current functions,
capacity and institutional structure of the Department to inform the envisaged
institutional reform and implementation of the White Paper. Such an audit implies that the
functions of the Department be streamlined and clearly delineated, which requires a
process of function rationalisation within the SAPS and Secretariat.
It is estimated that for the Secretariat,
the institutional reform at national level as outlined in the White Paper would entail a
complement of some 60 line-function staff - approximately 30 members of staff in addition
to the current complement. This would ensure an enhanced capacity in the following key
areas which are currently either under-resourced or non-existent: policy, planning,
monitoring, financial management and efficiency monitoring, performance evaluation, legal
services, communication and the National Crime Prevention Strategy Centre.
Given the analysis contained in the White
Paper, it is clear that under-resourced civilian oversight over policing and a poor
understanding of crime reduction strategies in the Department has weakened
government"s ability to fight crime.
Resourcing the Department in the manner
proposed by the White Paper will ensure enhanced civilian oversight over policing; an
enhanced analytical capacity to inform policy formulation regarding policing and crime
prevention; a greatly improved ability to audit performance and expenditure on policing
and crime prevention; and, an enhanced strategic leadership capacity on issues of crime
prevention.
The Minister would like to
thank the following organisations for their support and assistance in the process of
drafting the White Paper on Safety and Security:
British High Commission Business Against Crime Canadian High Commission Centre for Scientific and Industrial Research European Union GTZ Institute for Security Studies International Centre for the Prevention of Crime Police Research Group (British Home Office) Swedish Embassy United Nations Development Program
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