SAPS

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• SAPS IPID Annual Reports 2012/13
• Briefing to Portfolio Committee on Police
• 8 October 2013
• Dr. Johan Burger
• Governance, Crime Justice Division
• INSTITUTE FOR SECURITY STUDIES

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Presentation Outline

• Introduction
• SAPS Annual Report
• The IPID Annual Report
• Concluding remarks

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The ISS the GCJ Division
The Institute for Security Studies (ISS) is a
leading African policy research and training
organisation. The vision of the ISS is a peaceful
and prosperous Africa for all its people. The
mission and overall goal of the ISS is to advance
human security in Africa through evidence-based
policy advice, technical support and capacity
building. The Governance, Crime and Justice
Division (GCJ) of the ISS aims to promote
democratic governance and reduce corruption
through enhanced levels of accountability,
transparency and respect for human rights in
African democracies and reduce crime and improve
justice by assisting African governments to
develop evidence-based policies, legislation and
strategies and improve the performance of their
criminal justice systems
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Introduction

• The Annual Reports of the SAPS and IPID for the
  2012/13 financial year are comprehensive and
  detailed. It also contains examples of excellent
  performance by both institutions
• The purpose of the ISS submission therefore is to
  raise some of the performance issues that emerge
  from an ongoing monitoring of these institutions
  and their reports to highlight possible gaps
  that could assist the committee with its
  oversight role
• The ISS submission does not cover every aspect of
  these reports, but focuses primarily on issues
  relating to programme performance resource
  management that might require further attention
• The submission will first deal with the SAPS
  Annual Report and then with the IPID statistical
  report.

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SAPS Annual Report 2012/13

• General comments
• The report is comprehensive and in many areas
  quite detailed
• The summary at the end of almost all programmes
  and other areas, titled Strategies to overcome
  areas of under-performance, is quite useful. It
  recognises underperformance and provides an
  indication of steps to address these
• It remains a concern that the Civilian
  Secretariat for Police Annual Report (pp.60-68)
  is contained within the SAPS Annual Report.
  Consequently, there is very little detail as to
  the impact that the Civilian Secretariat is
  having with regards to the performance of its
  oversight function.

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SAPS Annual Report 2012/13

• Two issues of particular importance
• Crime statistics and analysis
• The SAPS miscalculated the changes in the crime
  ratios between 2011/12 and 2012/13. This was
  because the 2011/12 crime ratios were based on
  out-dated incorrect population estimates. The
  ISS wrote to the Minister, the NatCom and the
  Secretary requesting a discussion in this regard.
  
• The ISS proposes a reference group on the
  analysis and use of crime statistics and related
  information. It could be representative of the
  SAPS Research Unit, the Civilian Secretariat for
  Police, National Planning Commission, StatsSA,
  the HSRC civil society organisations (including
  police unions universities)
• The ISS also proposes a more regular release of
  the crime statistics. At station level, for
  example, a monthly release will inform
  communities about crime trends and threats in
  their areas and enable them to take better
  informed decisions, etc.

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SAPS Annual Report 2012/13

• Two issues of particular importance
• 2. The SAPS Inspectorates
• The SAPS Annual Report contains no information on
  the performance of this crucially important
  division or its provincial offices
• Many of the weaknesses or underperformance
  indicated in the report suggests failures in
  relation to regular and thorough inspections at
  all police stations, units and other offices
• It is important that the number of inspections
  that are undertaken annually (i.e. announced and
  unannounced) and the systemic problems identified
  are presented in the annual report.
• The committee should also be informed of the
  steps being undertaken to address these systemic
  problems so that effective oversight can be
  exercised.

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SAPS Annual Report 2012/13

• SAPS complaints mechanism (pp.30-31)
• The report lists 4 mechanisms
• SAPS National Complaints Line (SAPS)
• Presidential Hotline (Presidency)
• 24-Hour Call Centre (SAPS Centre for Service
  Excellence)
• Anti-Corruption Hotline (Public Service
  Commission)
• Some concerns
• It is unclear whether all of the police-centered
  complaints are eventually centralised for
  purposes of proper control, feedback and analysis
• The portfolio committee should request more
  information on the nature of complaints, how they
  were resolved and what follow-up actions were
  taken against responsible members
• Given the low numbers of complaints received
  compared with the IPID, questions should be asked
  about the effectiveness of these mechanisms?

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The SAPS Annual Report 2012/13

• Programme 2 Visible policing
• pp.73, 79 80 Lost/stolen firearms Of the 2
  431 state firearms lost/stolen, almost 95 (2
  300) were SAPS firearms. This follows an annual
  pattern and only 21 (492) were recovered. On 18
  September 2012 the Police Minister called for the
  police to strengthen their firearms control. What
  has happened since then?
• p.83 Table 16 Firearm inspections/audits of
  the 1 255 firearms confiscated nationally, 98 (1
  235) were confiscated in the Free State. This
  should be explained.
• pp.74, 86 87 Police reaction times Read with
  Auditor Generals Report on p.203 Reaction time
  could not be verified as no systems are in
  place by SAPS to confirm reliability.
• pp.75, 100 102 Sub-programme Specialised
  interventions (STF, NIU, TRT POP) Useful
  statistics of operations/actions are provided,
  but the committee may find it useful to ask for
  figures on the number of deaths or injuries (SAPS
  or public) during these operations.

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The SAPS Annual Report 2012/13

• Programme 2 Visible policing
• p.91 Deaths of Police Officers We welcome the
  reduction of police officers murdered on duty.
• However we remain concerned about the overall
  increase in the number of police officials
  murdered from 81 to 84 (mostly off-duty).
• It would be useful for the committee to be given
  information as to the specific steps taken to
  reduce murders both on and off-duty.
• We draw attention to the fact that there has also
  been a decrease in the number of people who have
  been killed by the police.
• This has occurred in the context of increasing
  numbers of arrests for murders and robberies.
• This supports the argument that less violent
  policing is also in the interest of the police.

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The SAPS Annual Report 2012/13

• Programme 2 Sub-programme Crime prevention
• p.76 Police actions There is some confusion
  between police actions and crime prevention
  operations. Clarification is needed.
• p.76 Table 9 shows substantial decreases in
  roadblocks (16), cordon search operations
  (37), premises searched and farm checks. What
  are the reasons?
• p.77 Given that there have been decreases in
  key police activities why are there increases in
  arrests for murder (16), house robbery (48),
  and drug related crimes, as well as increases in
  arrests for most other crimes.
• p.104 Strategies to overcome areas of
  underperformance - no mention is made of how the
  persistent problem of lost and stolen SAPS
  firearms is to be handled.

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The SAPS Annual Report 2012/13

• Programme 2 Sub-programme Crime prevention
• p.94 Implementation of the Domestic Violence Act
  Table 27 It is strange that 200 of 208 cases
  of non-compliance by SAPS members nationally,
  occurred in the WC. The committee should receive
  an explanation as to why this is the case?
• p.97 Victim Friendly Rooms (VFRs) In March
  2012 there were 925 VFRs compared to 919 in
  March 2013. Why was there a reduction of 6 VFRs?

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The SAPS Annual Report 2012/13

• Programme 3 Detective Service
• p.120 Detective Court Case Officers 142 of
  these officers were appointed in the provinces
  to, inter alia, screen new cases for
  completeness that they comply with the public
  prosecutors instructions. This is the
  responsibility of the Branch Commander at every
  police station. The SAPS should explain what is
  being done to ensure that they perform their
  duties properly?
• p.124 Monitoring and evaluations are carried out
  through inspections to ensure effective
  command and control. The SAPS should explain
  who carries out these inspections, how many
  inspections, at what intervals what are the
  results?
• pp.125-126 Case docket management Lost/stolen
  case dockets SAPS should explain what steps are
  being taken to prevent the loss/theft of case
  dockets what actions are taken against
  responsible members?

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The SAPS Annual Report 2012/13

• Programme 4 Crime Intelligence (CI)
• p.142 Some information (including statistics) of
  network operations are provided, but nothing is
  reported in relation to covert operations. This
  is mentioned in the SAPS Annual Performance Plan
  for 2013/14, but no indication is provided on the
  number of such operations. The increase in more
  organised types of crime such as aggravated
  robberies should be explained as good crime
  intelligence will lead to reductions
• p.144 According to Table 49, in 2012/13 CI
  produced 60 fewer communication analysis reports
  than in 2011/12 44 fewer communication
  interception reports and 33 fewer Intelligence
  analysis reports. The SAPS should explain why the
  decreases have occurred?
• In this Programme, unlike the rest of the report,
  there is no provision for Strategies to overcome
  areas of underperformance. Given the National
  Commissioners admission on 18 September 2013 in
  parliament that CI is ailing and her public
  comments that CI needs cleaning up, what steps
  are being taken?

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The SAPS Annual Report 2012/13

• Part C Governance Fraud and corruption
• p.160 As with the SAPS complaints mechanism,
  there are a confusing array of reporting lines
  and investigating structures for fraud and
  corruption by SAPS officials. A more centralised
  office or mechanism is needed that could better
  coordinate these reports and investigations, and
  provide consolidated and credible reports on
  complaints, investigations and outcomes.
• P.160 It is reported that 892 members were
  charged with 1 026 counts relating to fraud and
  corruption related matters. Of these only 22
  were suspended and 870 were not suspended. The
  SAPS should explain the new criterion for
  suspending members facing serious charges?

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The SAPS Annual Report 2012/13

• Part E Additional comments from the Report by
  the Auditor General (AG)
• p.203 The committee should request the SAPS to
  explain the AGs finding (on Programme 2 Visible
  Policing) that a number of significant targets
  are misstated.
• p.204 SAPS should also explain what is being
  done in response to the finding that commanders
  at station level did not exercise their oversight
  responsibility over the reporting on
  predetermined objectives?
• p.204 SAPS should explain what is being done in
  response to the finding that commanders at
  provincial level responsible did not exercise
  oversight to ensure adherence to internal
  controls, policies and procedures at programme
  and objective level for the purpose of taking
  corrective actions?

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Understanding the IPID Annual Report 2012/13
ICD Mandate (in terms of the SAPS Act) Section
53 (2) (a) (c) (a) The Directorate may mero
motu or upon receipt of a complaint, investigate
any misconduct or offence allegedly committed by
any member, and may, where appropriate, refer
such investigation to the Commissioner
concerned (b) The Directorate shall mero motu
or upon receipt of a complaint, investigate any
death in custody or as a result of police action
and (c) The Directorate may investigate any
matter referred to it by the Minister or the
member of the executive Council. Section 53 (6)
(b), (c) and (i), the Executive Director may (b)
request and obtain information from any
Commissioner or police official as may be
necessary for conducting any investigation (c)
(i) monitor the progress of (ii) set guidelines
regarding and (iii) request and obtain
information regarding an investigation referred
to a Commissioner and (iv) make recommendations
to the Commissioner concerned.
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Understanding the IPID Report (Contd)
The IPID Mandate (in terms of the IPID
Act) Section 28(1) IPID is obligated to
investigate the following matters (a) any deaths
in police custody (b) deaths as a result of
police actions (c) any complaint relating to the
discharge of an official firearm by any police
officer (d) rape by a police officer, whether the
police officer is on or off duty (e) rape of any
person while that person is in police
custody (f) any complaint of torture or assault
against a police officer (g) corruption matters
within the police initiated by the Executive
Director on his or her own, or after the receipt
of a complaint from a member of the public, or
referred to the Directorate by the Minister, an
MEC or the Secretary and (h) any other matter
referred to it as a result of a decision by the
Executive Director, or if so requested by the
Minister, an MEC or the Secretary Section
28(2) IPID may investigate matters relating to
systemic corruption involving the police.
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The IPID Statistical Report (investigative
activities)
Different mandates (ICD IPID) and the
provisions of section 29 obligation on SAPS
members to report matters referred to in
section 28(1)(a) (b) to IPID in writing and
within 24 hours makes any comparison with
previous years problematic. (Within this context)
IPID received 6 728 cases during 2012/13. This
constitutes an increase of 37 from 4 923 cases
in 2011/12, but the only categories where
comparison is possible, are deaths in police
custody or as a result of police action, assault
and torture (See Table on next slide). Crimes of
assault and torture are also associated with the
concept of police brutality. During 2011/12 there
were 1 313 such incidents, compared to 4 181 in
2012/13 (an increase of 218). The apparent
reason for this huge increase is that in the past
most of these were investigated by SAPS and not
included in ICD reports. In view of public
interest this area of reporting could receive
more attention. It would be useful to do further
research on these differences and the reasons
thereof, but proper comparisons will probably
only be possible with the availability of future
IPID reports.
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The IPID Statistical Report (investigative
activities)
Incidents investigated (deaths in brackets) 2011/12 2012/13 2012/13 Tot 2012/13
SAPS MPS
Deaths in police custody 232 275 - 275
Deaths as a result of police action 488 415 16 431 (485)
Complaints of discharge of off. firearms 641 29 670
Rape by police officer (on/off duty) 40 141 5 146
Rape in police custody 5 22 - 22
Complaints of torture 80 50 - 50
Complaints of assault (all types) 1223 4047 84 4131
Corruption (complaints or initiated) 122 116 4 120
Other criminal matters 927 677 26 703
Misconduct 1795 46 1 47
Systemic corruption 11 6 - 6
Non-compliance with section 29 127 - 127
Total 4923 6728
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Concluding remarks

• It is clear that much work is being undertaken by
  members of the SAPS for which they should be
  thanked.
• It is, however, of concern that key challenges
  relating to inadequate leadership, management and
  accountability that were identified almost a
  decade ago continue to occur.
• The SAPS needs to do things differently. We
  therefore recommend the urgent implementation of
  the recommendations in the National Development
  Plan.

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THANK YOU / DANKIE Johan Burger Tel 012 346
9500 jburger_at_issafrica.org www.issafrica.org