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BRIEFING TO THE PORTFOLIO COMMITTEE ON POLICE NATIONAL COMMISSIONER SOUTH AFRICAN POLICE SERVICE

IMPLEMENTATION OF THE SAFETY AT SPORTS AND RECREATIONAL EVENTS BILL, 2009 [B7-2009] BY THE SOUTH AFRICAN POLICE SERVICE. BRIEFING TO THE PORTFOLIO COMMITTEE ON POLICE NATIONAL COMMISSIONER SOUTH AFRICAN POLICE SERVICE 8 SEPTEMBER 2009. FOCUS OF THIS BRIEFING.

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BRIEFING TO THE PORTFOLIO COMMITTEE ON POLICE NATIONAL COMMISSIONER SOUTH AFRICAN POLICE SERVICE

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  1. IMPLEMENTATION OF THE SAFETY AT SPORTS AND RECREATIONAL EVENTS BILL, 2009 [B7-2009] BY THE SOUTH AFRICAN POLICE SERVICE BRIEFING TO THE PORTFOLIO COMMITTEE ON POLICE NATIONAL COMMISSIONER SOUTH AFRICAN POLICE SERVICE 8 SEPTEMBER 2009

  2. FOCUS OF THIS BRIEFING • POLICING PROVISIONS CONTAINED IN THE BILL BEFORE PARLIAMENT • FINANCIAL, COST AND RESOURCE IMPLICATIONS FOR THE SAPS IN IMPLEMENTATION OF THE PRINCIPLES CONTAINED IN THIS BILL

  3. POLICING PROVISIONS • Legislation assigning functions to SAPS normally assigns criminal procedural powers or duties (eg. search and seizure) • Bill before Parliament goes further • Minister of Sport administers Bill • Impacts on manner in which the National Commissioner should manage SAPS • Independent regulatory powers of Minister of Police are limited

  4. POLICING PROVISIONS • Clause 31of the Bill assigns powers to make regulations • Clause 31(1)(a) and (h) gives Minister of Sport power to make regulations without consulting on issues which could influence the National Commissioner’s functions • Minister of Police may make regulations, but must consult with Minister of Sport, affecting the independence of policing strategies

  5. POLICING PROVISIONS • Police functions (powers and duties) are assigned to the Minister of Police and the National Commissioner under sec 205 to 208 of the Constitution • As a result, it is respectfully submitted that current Bill must not contain policing provisions subject to the powers of another department • The main question is where the Constitutional function of securing the safety of the public lies. • In terms of section 205 of the Constitution, the SAPS is responsible for the safety of the public

  6. WAY FORWARD: AMEND BILL [B7-2009] • If Committee wants to retain Bill in present format, SAPS submits that independent policing is essential • Clauses 5(10)(a); 6; 19(8); 20(6); 23(2) and all regulatory provisions, including clause 31 are examples of functions which are not distinct • Functions must therefore be purified and administration of Bill divided under sec 97 of the Constitution, 1996 (Act No. 108 of 1996)

  7. WAY FORWARD: AMEND SA POLICE SERVICE ACT, 1995 (Act No. 68 of 1995) • One option is to amend the SA Police Service Act • Insert various definitions • Insert Chapter 6B with similar provisions as are contained in Bill into SAPS Act • Advantage: • Information is accessible to event organisers

  8. WAY FORWARD: STAND-ALONE LEGISLATION: SPLIT BILL [B7-2009] • Split current Bill into two separate and distinct Bills • Distinguish between safety issues related to health, structural integrity of stadiums etc and safety and security issues related to policing • Advantage: • Two Bills may be linked to be accessible to event organisers

  9. PREFERRED WAY FORWARD: AMEND REGULATION OF GATHERINGS ACT, 1993 (Act No. 205 of 1993) • Insert various definitions • Distinguish between political, cultural, sporting and recreational events • Provisions similar to present Bill, inserted into Regulation of Gatherings Amendment Bill • Advantage: Information is accessible to event organisers and it consolidates legislation pertaining to gatherings of all kinds.

  10. OTHER ISSUES • The Sports and Recreation issues can be dealt with in the present Bill. • The policing issues can be dragged from the present Bill and inserted in a Regulations of Gatherings Amendment Bill. • The evidence heard by Parliament will remain valid. • The two Committees could still jointly consider the “purified” Bill and the Regulation of Gatherings Amendment Bill.

  11. FINANCIAL, COST AND RESOURCE IMPLICATIONS • The SAPS is presently applying the same principles as are contained in the Bill when policing an event: • Authorised members are appointed • Establish a SAPS managed safety and security planning committee for each event • Draft safety and security plan for each event

  12. FINANCIAL, COST AND RESOURCE IMPLICATIONS CONTINUED • Establish Venue Operations Centre for an event, when required • Draft VOC safety and security plan • Assign functions to role players • Co-ordinate functions of role players in the committees • No negative or additional financial, cost or resource implications

  13. THANK YOU

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