Operation Thunder: Western Cape SAPS update; Khayelitsha Commission of Inquiry recommendations implementation; Alcohol Harms Reduction Game Changer update

Meeting report

Opening remarks

The Chairperson opened the meeting with a moment of silence for two slain police officers, Constables Kili (30) and Siyamcela (37).

SAPS Briefing: Operation Thunder

Brig. P Voskuil, SAPS Head: Organisational Development, outlined to the Committee that Operation Thunder (OT) commenced on May 11 2018. OT has a core, geographical and targeted approach with a view to dominate specific hotspots and identified individuals, especially highflyers. It involves the deployment of 257 personnel from Public Order Policing environments deployed at national level to nine priority stations in the Western Cape province. Operational personnel were deployed to various clusters within the province including Mitchell’s Plain (Mitchell’s Plain, Philippi and Steenberg), Nyanga Cluster (Maneberg, Elsies River, Bishop Lavis and Philippi East), Blue Downs Cluster (Ravensmead) and Worcester cluster. OT also has, as an important component, a roving team.

Four base camps were strategically placed to facilitate OT. The locations were Lavender Hill in Steenberg, Uitsig in Ravensmead, Philippi East and Tafelsig in Mitchell’s Plain. Base camps help to ensure operational presence on a 24/7 basis in specific identified hotspots. They represent operational hubs and a centre for tactical convergence. Base camps also help integrate operational forces including Metro, Traffic and Law Enforcement.

Base camps are functionally responsible for managing deployments, rapid response to incidents, securing crime scenes and ensuring operational command and control. Base camps contribute to improved relationships with communities, effective volunteering of information, facilitate conditions where people are free to report crimes, perception of safety in identified or targeted hotspot areas and additional policing presence in identified hotspot areas on a 24/7 basis. In terms of policing impact, from 11 May to 19 August 2018, there were 11 154 total arrests, 2 408 contact crimes, 483 property crimes, 524 contact-related crimes, 1 329 other serious crimes, 4 252 drug-related crimes, 248 crimes related to possession of a firearm and ammunition and 1 910 non-serious offenses. 209kg Dagga, 18g cocaine, 10.15kg Tik, 2.3kg heroine, 16 380 MX tablets, 3 018 ammunitions, 130 firearms and 4 035L of liquor were confiscated during the timeframe reported.

Four of the nine stations experienced a decrease in murder cases, whereas five of the nine stations experienced an increase in murder cases. Six of the nine stations experienced a decrease in attempted murder cases, whereas three of the nine stations experienced a decrease in attempted murder cases. Four stations, namely Maneberg, Ravensmead, Steenberg and Worcester, experienced decreases in both murder and attempted murder cases over the same period.

The arrest of highflyers gives a fair indication of some successes achieved in OT. Different examples were cited of arrested criminals, especially highflyers, status of prosecution and court dates. Prominent gangs responsible for crimes include the JFK’s in Steenberg, the Americans, the Terrible Josters in Elsies River, the Young Ones, the Hard Livings in Manenberg, JCY’s in Worcester, Dixi Boys in Worcester, Laughing Boys in Hanover Park, the 28’s, Fancy Boys, Twelve Disciples, Bad Boys, Fast Guns, the Mongrels gang and Mafia Kids.

The primary legislation used to convict criminals is the Prevention of Organised Crime Act (POCA). The main objective of POCA involves introduction of measures to combat organised crime, money laundering and criminal gang activities. It prohibits certain activities that could cause racketeering. It makes provision for reporting on certain information and recovery of the proceeds of unlawful activities. In the Blue Downs cluster, there were two main investigations. A total of 240 cases were identified and linked to gang activities in the first round of investigation. The National Prosecution Authority (NPA) currently formulates charges against arrested criminals. In the second set of investigations, a total of 236 cases were identified and linked to gang members and the NPA is currently formulating charges against the arrested individuals.

In the Worcester cluster, the first investigation dealt with six cases that were identified and linked to gang members - the second investigation dealt with cases related to possible asset forfeiture. SAPS are in active partnership with the NPA to finalise charges. A total of eight investigations were conducted in the Nyanga cluster, whereas Mitchell’s Plain witnessed three POCA investigations.

Brig. Voskuil said SAPS currently has challenges within certain hotspot areas, specifically relating to gang conflict and violence.  SAPS aims to enhance operational capability through enhanced operational functioning of base camps, especially in terms of tactical convergence, with a focus on identified high crime volume and incident hotspots, strengthening of crime prevention capability, deployment of more operationally-ready personnel, enhanced intelligence-driven operations, maximisation of deployment based on crime patterns, recruitment and strengthening of the informer network and strengthening of gang investigation capability.

Discussion

The Chairperson commended the achievements as outstanding.

 

Mr F Christians (ACDP) expressed satisfaction with SAPS’ presentation. He, however, challenged SAPS’ position on the adequacy of personnel in terms of number. According to him, it is common knowledge that the police to population ratio in the Western Cape is low - what is SAPS’ plan to get more personnel to achieve effectiveness? He also sought clarity on the origin of the gangs. He expressed worry with the regular killings reported by media. In fact, it is believed in some quarters that the police have lost the fight against crime in the province. He commended SAPS’ effort to oppose bail against criminals. There is room for improvement in terms of follow up on arrest. SAPS’ must ensure criminals are properly convicted as it is dangerous to have them back on the streets.

Mr B Kivedo (DA) congratulated SAPS for the successes achieved in terms of the arrest of highflyers. He, however, expressed concern about the shifting of criminal gangs following establishment of base camps in an area. He urged SAPS to consider this possibility so that criminal activities are prevented in areas previously peaceful. He urged SAPS to actively interrogate arrested criminals. This will facilitate further arrests. He sought clarity on the integration of SAPS and other role players, especially in terms of specialised functions. Are personnel drafted from regular forces or are they trained specifically to combat crimes? He encouraged SAPS to have effective interactions between base camps and communities. This will facilitate information sharing to SAPS. He sought clarity on SAPS’ strategy to combat crime in Delft, which is known as a notorious hotspot.

Ms P Lekker (ANC) commended SAPS’ presentation, which provided insights into OT. She, however, sought explanation on the criteria for identification and location of base camps in a community. Are base camps established due to criminal incidents or based on strategic analysis? She talked about the killings in certain communities despite presence of base camps. There is no information on the achievements of SAPS in Philippi and Marikana despite presence of base camps. If the 257 servicemen were drawn from regular forces, to what extent does this affect service delivery at those stations? She commended the achievement of SAPS in Philippi East, as evidenced by decreased traffic congestion. She urged SAPS to adopt a targeted approach to reduce crimes in Marikana.

Gen. Khombinkosi Jula, SAPS Provincial Commissioner: Western Cape, said it is common knowledge that the police to population ratio in the province remains a problem. Currently, SAPS has a shortage of 1 500 members.

Brig. Voskuil acknowledged the shortage of SAPS personnel in the province. He, however, said that members who function at specialised level can help reduce impact of the shortfall. SAPS aims to enhance tactical response through training to empower selected members with skills. This enhances combat readiness during operations. SAPS are establishing four additional units and the first set will be sent for training in September 2018. This empowers the members to deal more proactively and aggressively with crimes.

The Chairperson remarked that there is a debate at both national and provincial levels about police to population ratio.

Maj. Gen. Jeremy Vearey, SAPS Western Cape Deputy Commissioner: Crime Detection, said the gangs originated from different sources and SAPS aims to stop killings they perpetuate. SAPS’ approach is more centralised and this helps to confiscate firearms in possession of gang members.

The Chairperson urged SAPS to release statistics on confiscated firearms to the public in other to restore community confidence in SAPS.

Maj. Gen. Vearey said that data on arrest and investigation of cases of murder, shooting, rape as well as other crimes are available. The media may not give a comprehensive detail of all cases. He promised to submit the statistics to the Committee if required.

There were 13 POCA convictions prior to commencement of OT. 17 people were arrested for dealing in drugs. The pace of delivery is affected by processes involved in prosecution. Further, the police deals with a large number of cases so there is a need to prioritise. SAPS also spends a lot of time during the pre-trial process. For instance, some cases are beyond provincial jurisdiction and have to be centralised to determine where prosecution starts.

The Chairperson expressed concern that SAPS fails to mention the SA Revenue Service (SAPS) in its presentation.

Maj. Gen. Vearey said SAPS works with the Financial Intelligence Centre and SARS to obtain the financial profile of arrested criminals. The evidence provided by SARS is used for financial analysis and investigation.

SAPS has a mechanism to get reliable information from informants and witnesses. The evidence is subject to scrutiny to determine its veracity. He acknowledged that the processes involved in intelligence gathering differ from community to community. In communities with well-organised structure, people are encouraged to come forward and give whatever information they have. In some communities, however, special processes are untaken to ensure integrity and safety during investigation. SAPS aims to follow all cases to logical conclusions. SAPS will try to surmount all challenges to ensure effective conviction of criminals.

Maj. Gen. M. Manzi responded to the integrated and specialised operations within SAPS - SAPS aims to upgrade base camps to centres of tactical excellence. There are static and mobile forces at the base camps. The mobile forces are operational on a 24 hour basis. Further, the proactive team work according to crime patterns to ensure prompt response to crime. OT members are assisted by other role players including police stations, provincial as well as cluster commands. There is also an activation team that is combat-ready on a 24 hour basis. SAPS integrates with law enforcement agencies. SAPS also works on the psychology of its members to optimise the outcome of each operation.

Gen. Jula assured the Committee that no police station will experience deficiency in terms of service delivery due to removal of certain personnel for OT. Personnel drawn to base camps come from various disciplines which helps to ensure operational effectiveness and successes. This approach helps to introduce some elements of confidentiality and surprise to OT.

He relished upon the astounding achievement of SAPS in Philippi as well as Marikana.

Brig. Swart said there is an analyst who conducts crime analysis on provincial and cluster level on a daily basis and informs Station Commanders of any development. Crime analysis is done in terms of specific hotspots, date and time. The results of the analysis help to guide operational deployment. Criminal analysis also involves environmental assessment to identify windows of opportunities for criminal activities.  The analysis also helps to determine factors that contribute to crime in specific areas.

Radius analysis is conducted on base camps and hotspots. Flow analysis also helps to show possible shifting of criminals to other areas. Analytical results help to ensure effective deployment of personnel for optimum outcome of the operation. SAPS continues to train its analysts to enhance capability at operational level.

In response to the question on criteria for establishment and location of base camps, Gen Jula said that 35 police stations were gang-infested in the past - SAPS focuses on 25. However, SAPS prioritised nine stations in terms of hotspots, high volume of gang-related crimes as well as availability of personnel. Gen. Jula expressed optimism about the success of OT over a long term. He refused to blame current challenges SAPS faces on historical issues or background.

The Chairperson spoke about the critical importance of the security of base camps, which is vital because SAPS is establishing presence in enemies’ territory. The sustainability and continuation of the legacy of OT are critically important. He asked if SAPS has dedicated support mechanisms to complement personnel involved in OT.

Gen. Jula responded that there is no dedicated support but SAPS has choppers which are activated to support interventions when necessary.

Ms T Dijana (ANC) commended the presentation and achievements of SAPS in terms of reduction of crimes in some communities where base camps were established. She sought clarity on the involvement of the Department of Community Safety - the Department is in a better position to know the challenges that confront communities and provide adequate solutions where necessary. She also talked about the importance of timeframes which helps to monitor the progress and success of OT in hotspots.

Ms Lekker sought clarity on the current situation in Marikana - to what extent has SAPS presence impacted on environmental matters? Does SAPS have the necessary tools to operate at night? She acknowledged the functionality of street lights in both Steenberg and Mitchell’s Plain, particularly at night. However, there is a heavy presence of drug dealers in Mitchell’s Plain. Does SAPS have any plans to fight drug dealers in certain hotspots?

In response to Ms Dijana’s question on timeframes, Gen. Jula said that OT was intended to last three months. Based on successes achieved and the need for more interventions, the operation may be extended for another three months. SAPS may have to address the financial implication associated with extended operation.

Gen. Jula acknowledged that most crimes perpetuated in Marikana are linked to environmental matters. He assured the Committee the municipal government in charge of Marikana already installed street lights in strategic positions and this helps to reduce crimes drastically in the area. The street lights help to boost SAPS interventions and facilitate optimal outcome. The presence of SAPS’ base camps in Marikana also led to creation of 10 000 jobs in the area. He talked about the need to fix road networks in Marikana. Currently, accessibility in certain areas remains a challenge due to the presence of informal settlements.

In terms of conviction of drug dealers, Gen. Vearey said that a drug dealer was arrested in Steenberg, this year and sentenced for five years. He acknowledged that SAPS has a hard time finalising certain cases due to legal and other constraints. The responsibility of SAPS is to make arrests and provide evidence but criminal conviction rests absolutely with the court. Operational personnel are aware of the tags on street lights at night in certain hotspots. SAPS have made significant achievement in confiscation of drugs in these areas and a number of criminals have been convicted.

Western Cape Goverment: Presentation on Prosecution of Liquor Cases

Mr Gideon Morris, Head of the Western Cape Department of Community Safety, said the current presentation is a follow-up to an earlier presentation delivered by the Western Cape Liquor Authority (WCLA). The purpose of the presentation is to discuss upstream prosecution and confiscation of illegal liquor during raids by SAPS.

 

Upstream prosecution helps to reduce illegal actions in different processes like manufacturing, distribution and sub-distribution. The Liquor Licensing Tribunal (LLT) may consider any of the following matters at its meetings:

-Any application for a license referred to in Section 33(1)

- Any application for the transfer of license in terms of Section 65(1)

-Representations for or against granting of applications

-Any report lodged with it by a designated liquor officer, an inspector or a municipal officer

-Any complaint lodged with it regarding conduct of a licensed business

-Representations by a licensee or other interested person regarding rescission of the suspension of a license or removal or amendment of any condition imposed upon a license

-Any other matter referred to it by the Chief Executive Officer or the Presiding Officer or which it may or must consider in terms of this Act.

According to section 20 (3), the LLT may refuse or grant the application after due consideration. The LLT may also dismiss the report by the DLO, inspector or municipal Officer, revoke or suspend license. The LLT has the power to impose fines on licensees and take other actions as it may deem appropriate. The LLT may dismiss representations or rescind suspension of the license or remove or amend the condition(s) concerned. The maximum fine the LLT imposed was R20 000 in 2011, R100 000 in 2017 and R110 000 in 2018. The LLT established a Provincial Joints Priority Committee represented by SAPS, City Law Enforcement, WCLA, the NPA and Department of Community Safety, which chairs the Committee. The WCLA introduced shortened procedures which involves plea-bargain in terms of section 105A of the Criminal Procedure Act (CPA). The total income was R27.5 million in 2015/16 and R36.2 million in 2016/17, representing an increase of 31%. The fine was R0.27 million in 2015/16 and R1.78 million in 2016/17, representing an increase of 550 %.

Mr Morris said that fines were introduced to discourage illegal distribution of liquor. He expressed concern that there are approximately 13 illegal distributors to every legal distributor in the province.

The DoCS, with the NPA, the Department of Justice and SAPS, facilitated a workshop on 22 September to discuss payment of admission of guilt. SAPS expressed concerns about the lack of prosecution of identified cases. Another challenge was the return of 50% of confiscated liquor to illegal distributors after prosecution. The DoCS approached the Department of Justice to have an amended opinion that can lead to permanent confiscation of illegal liquor. This will help to protect SAPS personnel and effectively discourage illegal distribution of liquor in the province.

Discussion

Mr Kivedo sought clarity on revocation and suspension of license of liquor distributors in the province - are people given timelines to rectify after suspension of license? Under what circumstances can license be totally revoked?

 

An official of the Western Cape Liquor Authority said that a system of progressive sanctioning is adopted. The first step involves issuance of a compliance notice. This is followed by a progressive order of fines. Revocation of a license is the last resort.

Progress on Implementation of Khayelitsha Commission Recommendations

Mr Morris said the Khayelitsha Commission is on-going and the WCLA does not have bottom-line figures of crimes linked to liquor. There is a significant reduction in murder cases since inception of the Commission of Inquiry. The figures are not available because SAPS only releases figures once criminal investigations are concluded.

 

Ms Amanda Diessel. DoSC Director: Policy and Research, said the Commission of Inquiry into allegations of police inefficiency and breakdown of relations between the SAPS and community in Khayelitsha, had a mandate to investigate complaints and report on its findings and recommendations in terms of section 206 (5)(b) of the Constitution of the Republic of South Africa. The report was released on 25 August 2014 after two years of work, evidence collection, public hearings and consideration. The Commission found that policing in Khayelitsha was ineffective and there was no trust between the community of Khayelitsha and SAPS. A total of 20 recommendations were made to address these findings. A task team was set up by the Premier and National Commissioner. It comprises five representatives from SAPS and five representatives from DoCS. The task team also consists of role players from other sectors. The task team reviews progress on the 20 recommendations on a continuous basis. A separate Monitoring and Oversight Team was established in 2018 to monitor implementation of SAPS operational matters under Recommendation Three. The WCLA currently works with SAPS to finalise the report on recommendations.

The Khayelitsha Joint Forum was established by the Cluster Commander, Maj. Gen. Brand, in 2014. The Joint Forum brought together representatives from SAPS and other relevant stakeholders from the community. The Khayelitsha Joint Forum established eight sub-forums in the Khayelitsha area which includes business, community safety and justice, drugs, women and children forum, youth, research, alcohol and transport. The Priority Committee struggled to make real progress because of inconsistent attendance and participation, lack of dedicated resources and inconsistent participation or responsiveness by stakeholders. The Priorities Committee was re-established in October 2016 with five sub-committees but the Committee still struggles with representation. DoCS has made funds available to support projects initiated by the sub-forums. Khayelitsha is one of the areas identified by WCG to implement the Whole of Society Approach (WoSa). This approach serves as a forum to coordinate service delivery across a range of government, city and municipal service providers. It was agreed the Khayelitsha Priorities Forum become the WoSA coordinating forum under the Head of Department, Community Safety. The Priority Committee met in May 2018 and a decision was taken to commence identification of key problems in September 2018.

It was recommended that each police station in Khayelitsha should adopt a Community Policing Commitment in consultation with the local residents. SAPS amended its Service Charter to include an express commitment to community policing. Information and messages were conveyed to local residents in their native language. There was significant improvement in community engagement and community-police relations under the leadership of Maj. Gen. Brand.

Recommendation one dealt with regular publication of crime statistics at station level by means of posters on notice boards. Unfortunately, SAPS has not been releasing crime statistics on a regular basis. This is a national competency and relevant regulations require the Provincial Commissioner to report to the Provincial Minister of Community Safety on a quarterly basis.

Ms Diessel said that recommendation two dealt with adoption of the Procedural Justice Model of Policing for Khayelitsha. There was extended discussion around this with several experts invited to be part of discussions - there is potential for research to measure procedural justice aspects. Revision of performance agreements with Station Commanders and Managers at cluster offices and head of the Family Violence, Child Protection and Sexual Offences (FCS) unit should include compliance with a procedural justice model of policing - performance agreements should be comprehensive including adherence to the Constitution.

Other recommendations include a monitoring and oversight team to ensure inefficiencies at the three Khayelitsha police stations, Khayelitsha FCS unit eradicated, urgent change management process by leadership of the Khayelitsha cluster, Khayelitsha FCS unit and three Khayelitsha police stations, urgent strategic review of detective services at all three Khayelitsha police stations and the FCS unit, guidelines, issued by the Provincial Commissioner, to ensure visible policing in informal settlements, revision of SAPS’s system for determining the theoretical human resource requirement of police stations, urgent reallocation of human resources to the three Khayelitsha police stations, improved relations between SAPS and the people of Khayelitsha, review of human resource practices, reduced vengeance killings and attacks, youth gangs and safe schools, provincial task team to survey community attitudes to unlicensed liquor outlets in order to assist policy formulation, domestic violence, strategic use of information technology and related matters, governance and oversight, use of CCTV cameras, physical infrastructure at police stations and a proposed new Makhaza police station and the urgent need to address backlogs in national chemical laboratories in Cape Town.

Discussion

Ms Lekker urged the DoCS to ensure the repair of faulty cameras. She challenged the installation of eight cameras in Town Two and considered it a waste of resources considering the wide expanse of the entire Khayelitsha community. She maintained that the focus, in areas like Makhaza, should be alcohol reduction instead of murder and other violent crimes. She pointed attention to the killings and vigilantism in Taiwan and other places in Khayelitsha. She reiterated that money spent on eight cameras in Town Two should have been invested profitably at other places, still within Khayelitsha. She sought clarity on the number of principals that attend meetings to address safety in schools, as spelt out by recommendation twelve - has any impact assessment been conducted on Chrysalis Academy? Is there any register to understand the pattern of absenteeism from schools due to students’ fear of being attacked by a rival gang? She expressed concern about the anti-gang strategy - to what extent will the strategy ensure safety in schools in Khayelitsha? Why was the responsibility of safety in schools relegated to SAPS? What is the role of DoCS in this regard? Does the DoCS have any plan to involve students of Chrysalis Academy in the safety strategy?

 

In response to recommendation 13, Ms Lekker asked if lessons learnt from Town Two are transferable to other places in Khayelitsha, especially Taiwan, where there are problems with alcoholism and substance abuse.

Mr D Mitchell (DA) sought clarity on the process involved in the withdrawal of cases and number of cases withdrawn.

Mr Kivedo sought clarity on the status of the various groups that are in partnership with DoCS to ensure safety - how are they formalised or customised? Are they accredited?  How are they monitored? Do they have specific programmes to address safety issues? Is there an input or output module in terms of their expected outcomes?

Mr Christians wanted to know how DoCS will make progress on recommendation six considering the fact that it is a national competency.

In response to Ms Lekker’s question on the repair of faulty cameras, Mr Morris said DoCS is working with other role players to secure CCTV cameras installed in various places within Khayelitsha. He assured the Committee of plans to repair faulty cameras. Installation of eight cameras in Town Two was not a waste of money considering the number of cases captured in the area. Money spent to install the camera did not originate from government’s purse but from interested partners and through the game changer initiative. There are currently 17 law enforcement agents in Town Two to monitor the installed CCTV cameras, especially in priority areas. In response to the question on the presence of school principals at Priority Committee’s meetings, the District Manager in charge of Education is involved in planning and follow-up. Chrysalis Academy was evaluated in 2017 and received full accreditation for its programme. Youths are recruited from communities of interest to participate in community safety and are later deployed to serve actively in their community based on availability of job opportunities.  The Priority Committee on School Safety will address the matter of absenteeism from school. On anti-gang strategy, there is a plan at national level administered by the National Intelligence Coordinating Committee to combat gang activities in schools. The provincial response involves all 13 government departments and the strategy should be finalised by November 2018. He commended the contributions of SAPS and other role players in ensuring safety in schools across the province.

In response to Mr Mitchell’s question on recommendation five, Mr Morris explained reasons why cases are withdrawn and how such cases are treated. Withdrawn cases are usually referred to the Provincial Commissioner.

DoCS conducted an independent impact assessment of programmes targeted at safety in schools. For instance, the Department initiated an after-school programme and no safety issues were reported since the programme started four years ago. He commended the involvement of religious organisations which enhanced the safety of various programmes. DoCS gave top-up grants to the religious organisation with a view to provide at least one meal per day for every participant. One of the programmes helps to keep children out of the streets and kept them productively engaged for a week.

In response to Mr Christians’ question, Mr Morris said the Central Policing Model will be used to ensure security in troubled areas.

The Chairperson asked how the Makhaza police station will be staffed after its completion - will personnel be recruited freshly or withdrawn from existing members of SAPS?

Gen. Jula said the station will be resourced with new recruits but this is subject to the decision of the National Commissioner.

Brig. Voskuils said the staffing of Makhaza police station will depend on what the SAPS looks like in 2020, when the police station is completed.

A Committee Member pointed to the chaos that resulted from staffing Delft’s police station with already existing members of SAPS in 1996.

Ms Lekker sought clarity on the number of schools, in Khayelitsha, that will benefit from the services of resource officers? When will the Committee get the report on the oversight team created to ensure safety in schools? She asked the DoCS the reason for delay in accreditation of certain neighbourhood watchers. In which operational areas do the non-accredited neighbourhood watchers operate? To what extent does non-accreditation impact the service delivery of the neighbourhood watchers?

Mr Morris said the report on the oversight team is already compiled but DoCS still awaits SAPS’ inputs. He undertook that the finalised documented will be forwarded to the Committee on 1 September 2018. He promised to forward data relevant to discussions to the Committee.

The Chairperson cautioned DoCS on how transfer payments are made.

Mr Morris assured the Committee that DoCS follows due process in making transfer payments - all transfer payments go through the process of approval by National Treasury’s Technical Committee. In particular, the payments made to Khayelitsha went through rigorous scrutiny.

The meeting was adjourned.