Presentation to the Portfolio Committee on Police on SAPS 2015/2016 Annual Report

1. Presentation to the Portfolio Committee on Police onSAPS 2015/2016Annual Report 11 October 2016 Melanie Lue Dugmore For African Policing Civilian Oversight Forum (APCOF) 1

2. Contents • Introduction • Programme 1: Administration • Programme 2: Visible Policing • Programme 3: Detective Services • Future Plans • Areas of concern identified by Auditor General • Areas requiring further attention 2

3. 1. Introduction • Thank you to the Portfolio Committee (PC) for providing a platform for civil society to interface with the PC as it discharges its mandate to hold SAPS accountable. • This review of Annual Report comes at an important time – pending implementation of new policy directives: White Paper on Policing and White Paper on Safety and Security. • Approach of this submission: to assess whether SAPS delivered on its mandate and obligations, with particular focus arising from the National Development Plan, Farlam Commission and international obligations. 3

4. 2. ADMINISTRATION • Significant underachievement of following performance areas and indicators is noted: • ‘percentage of service terminations finalised within 60 working days’: - 41,82% deviation from 95% target. (pg. 51) • ‘average time taken to fill vacant funded post: -97,11% deviation from target of 100% of post filled within 3 months. (pg.52) • ‘new incidents leading to civil claims lodged against the SAPS’ – claims increased by 67,03% (planned target was reduction by 3,45%). These constitute unlawful arrests and detentions, collisions, assaults and shooting incidents.(pg.58) Data provided inadequate on Table on pg. 86. 4

5. Areas requiring further scrutiny • Civil Claims: AR should contain disaggregated data i.e. incident, rank of officers, police station/units, provinces; PC should be advised on strategies/remedial action taken to address these. • Disciplinary Matters: More detail and disaggregated information should be provided on the outcome of disciplinary cases instituted against members as well as nature of incidents of corruption by members. Currently the AR reports on time frames for investigation and percentage of cases investigated and NOT outcome. (pg. 53) • Public Order Policing: Noting the training provided to POP members: 1808 completed POP refresher training however fewer completed POP Crowd Management Training Crowd Management for Platoon Members programme. (pg. 72/153). Additional training should be rolled out as a matter of urgency. 5

6. Areas requiring further scrutiny • Investigator training: the Crime Scene Examiner Learner Programme should be fast-tracked be extended (AR reports only 23 learners benefited from pilot course) – significant impact on quality of investigations by SAPS. (pg. 73) • Resource Allocation Process – the AR should indicate progress in this review and criteria. • Outcome of inspections by National Inspectorate more comprehensive information of areas of compliance and underperformance required (pg. 91) • New Polices drafted/reviewed : Further information required on how these will be implemented/ and monitored: • Standing Order G 251: use of arms reviewed (pg. 90) • National Instruction 1 of 2016: The use of force in affecting arrest (pg. 89) 6

7. 3. VISIBLE POLICING • Areas of concern/ underperformance: • Increase in reported crimes against women (pg. 96) • Recovery of stolen or lost state owned firearms (actual recovery rate was 14,22%: 126 out of 886) (pg. 97) • Escapes from police custody – 949 compared to 697 in 2014/15 (pg. 98); 389 disciplinary cases against 355 members instituted. (pg.117) • Crime awareness campaigns only 37 conducted (target was 65 (pg. 101) • Number of police stations linked to school safety problems 1053 (target 5000) pg.102 7

8. Areas requiring further attention • Police stations rendering victim friendly service: current minimum criteria for rendering victim-friendly service to victims of rape, sexual offences and domestic violence and abuse should be broadened, e.g. currently does not include compliance with reporting requirements i.t.o. DVA) (pg. 99); ? When will every police station have a VFR? • Monitoring compliance visits to police stations in respect of crimes against women and children: only 137 compliance visits were reported in 2015/16. • Community police forums: indicator limited to operational CPFs. (pg. 100)– in terms of promoting integrated approaches to crime prevention (NDP and White Paper on SS) there should be reporting on intersectoral initiatives/interventions with other departments/structures. This Indicator should be broadened. 8

9. Areas requiring further attention • Public Order Indicators: Indicators specified for public order unit and special task force is ‘stabilised (pg. 103) • This is not a ‘helpful’ indicator – rather it should be linked to compliance and human rights standards i.e. ‘0% breaches of standing orders’ etc. • ‘stops and search and arrests’ (pg. 106-107) This indicator does not provide an accurate indication of performance as these are not cross referenced against each other or other indicators, i.e. the number of arrests that culminated in prosecution/court appearance. Arrest as an indicator in itself is inadequate for performance management purposes and contributes to arbitrary arrests.   9

10. 4. DETECTIVE SERVICES • Challenges persist in detective services notable declines in achievement from 2014/15 and failure to reach targets in a number of instances such as: • -4,15% deviation in detection rate for serious crimes (achievement of 36,90%) deviations explained indicate persistent challenges in investigation services, i.e. inadequate case docket administration, inadequate use of investigative aids, inadequate coordination between internal and external stakeholders (pg. 162) • -5,85% deviation in detection rate for contact crimes (actual achievement of only 53,09%) (pg. 163) • -1,29% deviation in detection rages for crime against children under 18 years (actual achievement only 68,71%) (pg. 163) 10

11. PROGRAMME 3: DETECTIVE SERVICES • -33,38% deviation in successfully terminated registered serious organised crime project investigations actual performance of 9,62%) down from 48,44% in 2014/15 (pg. 166) • -22.39 deviation in percentage of routine case exhibits finalised within 28 working days (actual achievement at 70,61%) (pg.167) • 11,06% deviation from target in percentage of non-routine case exhibits finalised within 75 working days (actual performance 64,94%) (pg. 168) • further information is required on number of FCS Units and forensic social workers, location and composition and plans to extend resourcing of these units. • Of concern is the failure to complete victim friendly facilities - 23 planned for completion but only 16 completed (pg. 232) • More detail and disaggregation is required in reporting on serious corruption units to enable effective analysis of performance (pg. 201) 11

12. 5. FUTURE PLANS as outlined by the Acting Commissioner • The PC should monitor and request further information on: • Revamp of basic training programme (Basic Training Learning Programme) to be reviewed in 2016/17 (pg. 20 of AR) PC should monitor progress and request plan of action particularly extent to which human rights is integrated. • Addressing corruption and criminality in SAPS – increase organisational capacity to prevent, investigation, reporting and resolution of matters in new Integrity Management Section in personnel Management Division and an approved Anti-Corruption Strategy’ (pg. 21 and 248 )- Clarity is required on interface between the establishment of new dedicated capability in Detective Service to conduct criminal investigations against members involved in corrupt and fraudulent cases (alongside DPCI and IPID) • Establishment of research division with management interventions capability to determine and drive a structured medium-term research agenda to address advances of policing practice, techniques and technologies (pg. 21) - PC should request information on agenda of Research Division. 12

13. FUTURE PLANS as outlined by the Acting Commissioner • Review of assurance governance methodology and framework in SAPS (seeks to integrated external and internal assurance processes) pg. 21 The PC should monitor and request further information • Monitoring service delivery - extension of SAPS infrastructural footprint pg. 21 – The PC should request time frames and action plan. • Extension of Detective Service performance strategy and revamp of CJS, establishment of specialised units pg. 21-22:- PC should request and monitor the Implementation Plan to be developed by SAPS for the “Enhancing the Quality and functionality of the SAPS Detective Service” Policy and Turnaround strategy pg. 48 • Review of governance structures including National Management Forum and Performance Management Systems pg.22: - further information required and assessment of alignment to recommendations of NDP and White Paper on Police 13

14. 6. AREAS OF CONCERN - identified by the Auditor General • Reliability of source information and evidence given concerns regarding completeness and validity of source and evidence require to corroborate reporting. (pg. 296-298); • Compliance with legislation in respect of strategic planning and performance management and failure of department to maintain effective and efficient internal controls regarding performance management must be noted. (pg. 299); • Challenges with procurement and contract management, leadership - ineffective monitoring of implementation of actions plans to address internal control deficits; financial and performance management (pg. 299-300) • Lack of well-defined indicators in the Annual performance Report and Technical indicators descriptions. APCOF view is that this is not an exhaustive list by indicative of poor indicators. Those noted by AG included – ‘schools linked to police stations to advance safety programme’; ‘percentage of medium to high risk incidents stabilised in relation to requested received’ (noted above) and ‘percentage of stolen/ robbed vehicles in relation to number of vehicles reported stolen’. (pg. 298) Indicators should provide insight into actual performance against clear outcomes and results and capable of interrogation through means of verification which should be scientifically calculable and evidence based. 14

15. 7. AREAS REQUIRING FURTHER ATTENTION 15

16. Crimes against Women and Children - Gender Based Violence (GBV) • South Africa’s response to gender based violence is noted in the Human Rights Committee’s Concluding Observations on South Africa’s ICCPR report (CCPR/C/SR.3234 and 3235) March 2016, which raised concerns including: • ‘…the conviction rate for such acts is low, and that there is a lack of disaggregated data on the phenomenon’ para 20 and recommended South Africa should ‘also facilitate reporting and collection of data on sexual and gender-based crimes, and ensure that all such crimes are promptly and thoroughly investigated, that perpetrators are brought to justice and that victims have access to full reparation and means of protection, including access to State- and NGO-run shelters or centres throughout the State party’s territory. The State party should also ensure adequate training for law enforcement and health service personnel regarding domestic and gender-based violence, and violence based on sexual orientation and gender identity. ‘ (Para 21) • Need to address challenges faced in 'policing' gender-based violence There is a need to acknowledge the gendered nature of violence and impact on policing approaches. • Need to address capacity considerations: • FCS Units must be strengthened to police GBV and rolled out. Special attention should be given to the relationships between officers and survivors, and officers and prosecutors, and the bearing these have on successful prosecutions. • SAPS forensic social workers are a key skill to effectively policing gender-based violence. SAPS management should embark on a cost-analysis and provide a plan on how they plan to roll out forensic social workers to all police stations. • Need to Strengthen internal reporting and monitoring efforts for non-compliance with legislation and policy prescripts within SAPS. To this end SAPS should include more indicators into reporting framework and inspection functions. 16

17. Public Order Policing and Excessive Use of Force • The UN Human Rights Committee in consideration of South Africa’s ICCPR report noted its concern regarding • ‘numerous reports of excessive and disproportionate use of force by law-enforcement officials in the context of public protests, which resulted in loss of lives’ and ‘the slow pace of the investigation into the Marikana incident, including with respect to the criminal responsibility of members of the South African Police Service..’ para 26. • The Committee further called on South Africa to (a) Expedite the work of the Ministry of Police Task Team, and the Panel of International Experts in implementing the recommendations of the Farlam Commission of Inquiry, revise laws and policies regarding public order policing and the use of force, including lethal force by law enforcement officials, to ensure that all policing laws, policies, and guidelines are consistent with article 6 of the Covenant and the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; (b)Take all necessary measures, particularly in terms of training and equipment to prevent law enforcement and security forces from using excessive force or using lethal weapons in situations that do not warrant recourse to such force; (c)Ensure that prompt, thorough, effective, independent and impartial investigations are launched into all incidents involving the use of firearms and all allegations of excessive use of force by law enforcement officers …(Para 27) 17

18. Public Order Policing and Excessive Use of Force The African Commission on Human and Peoples; Rights is developing a set of Principles and Operational Standards for the Policing of Assemblies by Law Enforcement Officials in Africa. It is important that South Africa align to these continental standards. 18

19. Firearms and Policing • Need for indicators in Annual Report which include: • Review and strengthening the implementation of policy directives regarding use of firearms including the establishment of independent mechanisms/review process for excessive use of force incidents; safe carriage of firearms and ammunition when officers are on/off duty and safe storage; • Adherence to competency requirements for police officers carrying firearms including background checks, training requirements, accreditation and removal of firearms due to negligence or abuse, and disciplinary action. • Capacitating: training and supporting police through on going accredited training in firearm use, as well as alternative tactics and strategies to lethal force. 19

20. Arbitrary Arrests • ‘Unnecessary and arbitrary use of arrest, police custody and pre-trial detention is a major contributing factor to prison overcrowding across Africa. It also feeds corruption, exposes detainees to the risk of human rights violations, and has significant socio-economic impacts on detainees, their families and communities. Concerned about the impact of prison overcrowding, and the consequences of arbitrary arrest and prolonged pre-trial detention’ • The African Commission in its Concluding Observations and Recommendations on the Combined Second Periodic Report under the African Charter on Human and Peoples’ Rights and the Initial Report under the Protocol to the African Charter on the Rights of Women in Africa of the Republic of South Africa (20th Extra-Ordinary Session held from 9 to 18 June 2016, in Banjul) : • urged South Africa make use of the Commission’s Guidelines on Conditions of Arrest, Police Custody and Pre-trial Detention in Africa (Luanda Guidelines – 2014 ) to deal with the challenges of arbitrary arrests and pre-trial detention. (para 54) 20

21. Arbitrary Arrests • Similarly the UN Human Rights Committee in consideration of South Africa’s ICCPR report (March 2016) urged South Africa ‘to strengthen its efforts to improve conditions of detention by taking practical measures to, inter alia: (a) Reduce overcrowding, particularly through the promotion of alternatives to detention, the loosening of bail requirements, and the revision of arrest quotas as indicators of police performance, and by ensuring that bail determinations are made promptly and that persons on remand are not kept in custody for an unreasonable period of time’ (para 31) 21

22. Prevention and Combating of Human Rights Violations • The Human Rights Committee in its review of South Africa’s ICPPR report further noted concerns regarding • ‘… challenges faced by some of these oversight bodies in terms of budget limitations, lack of institutional independence from supervised government departments, and limited mandates and powers. The Committee notes the State party’s intention to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, but it is concerned about the absence of independent and sustained monitoring of places of deprivation of liberty other than prisons (arts. 2, 6 and 7). (para 10) • And urged South Africa • ‘to ensure that all oversight bodies are institutionally independent, adequately funded and equipped with the necessary powers and functions to deal with complaints and investigations promptly and effectively, hold authorities accountable, and facilitate access by victims of human rights violations to an effective remedy.’ • ‘to speed up the preparations for the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and should establish a system for the regular and independent monitoring of all places of detention, as well as a confidential mechanism for receiving and processing complaints lodged by persons deprived of their liberty. ‘(para 11) 22

23. Prevention and Combating of Human Rights Violations • The African Commission in its Concluding Observations and Recommendations further noted its concerns regarding conditions in South Africa, which are relevant to police custody. • It further called on South Africa to: • provide statistical data in its next Periodic Report relevant to the prohibition of torture and ill-treatment, including data on complaints, investigations, prosecutions and convictions in cases of torture and ill-treatment; • ratify Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and establish the National Preventive Mechanism envisaged under OPCAT; and • fully comply with the Commission’s Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhumane or Degrading Treatment or Punishment in Africa (Robben Island Guidelines). (para 53 Prohibition of Torture, Cruel, Inhumane and Degrading Treatment ) • TO continue to ensure human rights training for the police and other law enforcement officers; (para 54) 23

24. Prevention and Combating of Human Rights Violations • The AR should include indicators on human rights compliance including adherence to international and national obligations by reporting on: • Violations of human rights of persons in police custody and measures to address incidents of human rights violations (in compliance with relevant Human Rights Instruments). • Integration of human rights standards in training. • Integrating HR principles and standards into performance management processes. • Efforts to strengthen effective and independent systems of oversight; • Review of disciplinary systems and information on: • complaints against police officers for all forms of misconduct dealt with by SAPS including violations of standing orders/instructions. • Measures put in place to address and outcomes. • Disaggregated data on police station/ unit; number of complaints lodged against x officer, nature of response from management and outcome, time lines etc. 24

25. Thank You 25