Budgetary Review and Recommendations Reports (BRRR): SAPS, IPID, CSPS, PSIRA

Meeting report

Opening remarks
The Chairperson gave a reminder that comment on the SAPS Amendment Bill was closing 27 November. The political parties were asked if they had had made comments before the Bill went back to the Minister. The second announcement was the Chairperson received a petition from the Office of the Speaker. The petition came from Mrs Kinnear, the wife of the late Lt-Col Charl Kinnear who was killed in front of his home. It was agreed to place the petition on the agenda.

South African Police Services (SAPS) Budgetary Review and Recommendations Report
The Chairperson thanked the staff for their dedication and their ability to compile such comprehensive reports within a short space of time immediately after the meeting the previous day.  She suggested that corrections should be made as the reports are reviewed.   The Chairperson went through each page of the report without any suggested changes to the narrative of the document. 

Recommendations
1. The Committee recommends that SAPS urgently develop an Audit Action Plan and provide the Committee with monthly progress reports and present quarterly reports on progress in Committee.
2. The Committee expressed its support for the National Commissioner to implement consequence management for SAPS management who are slow to respond to the AG recommendations. This includes police officials who are not collaborating with one another and make themselves guilty of offences.
3. The Committee recommends that SAPS implement proper record keeping in all sections, divisions and provinces and indeed, nationally to ensure greater availability of evidence of its actions.
4. The Committee recommends that the Minister, Deputy Minister and National Commissioner present to the Committee on the non-compliance and capacity of SAPS to implement the recommendations of the AG. 
5. The Committee recommends that SAPS request additional funding to get their infrastructure plans back on track.
6. The Committee recommends that SAPS sources additional funding to assist the Forensic Science Laboratory Division.
7. The Committee recommends that SAPS reviews all tenders before signing off on them.
8.The Committee notes the effects of the COVID-19 pandemic and the number of police officers who have succumbed to the virus and recommends that SAPS takes more effective steps to prevent the spread of the virus at police stations.
9. The Committee recommends that the under-performance in Interpol arrests, Communication Infrastructure, and Detection rates be addressed and a report provided to the Committee on action steps the Department will take to turn around the under-performance.
10. The Committee supports the National Commissioner in his endeavour to deal with corruption within SAPS nationally.
11. The Committee recommends that the Rural Safety Plan be revisited and consulted with all relevant sections of the agricultural community.
12. The Committee recommends that a report on consequence management for police officers who have made themselves guilty of PPE fraud and corruption be made available to the Committee.
13. The Committee recommends that SAPS fast-tracks an electronic Crime Reporting and Feedback System to allow victims of crime to report crimes online and receive such feedback online.
14. The Committee recommends that all Regulation 45 appointments be announced in Committee by the National Commissioner and the abridged CV’s be made available to the Members.
15. The Committee recommends that the DPCI provides a national and provincial assessment of organised crime and its collusion with police officers.
16. The Committee recommends that SAPS National Commissioner provide it with a report into the assassination of Colonel Kinnear and the consequence management steps it will follow if police collusion is found in his death.
17. The Committee recommends that SAPS provides a report on its role within the JCPS Cluster to drastically reduce the incidences of Gender-Based Violence and Femicide and bring perpetrators to book.

Mr H Shembeni (EFF) pointed out that Regulation 45 for appointments was not included in the recommendations.

The Chairperson agreed with him indicating that she specifically made that recommendation, but was still excluded from the recommendation list.

Dr Ivan Kinnes, Committee Content Advisor, said it was included in the narrative on page 35 which stated the Committee expressed its concern over the use of Regulation 45 for appointments. These appointments have normally been without advertising and people have been promoted over ranks and have become generals. The Committee pointed out that senior appointments made in this way had to follow the protocol established by the Committee and should be announced to the Committee with an abridged CV of candidates. Members expressed concern that appointments to senior ranks must satisfy certain criteria and they wanted the National Commissioner to list the criteria for such promotion.

The Chairperson said that although it was in the narrative, it should be added to the Recommendations.

The Committee approved the BRRR.

Civilian Secretariat for Police Services (CSPS) BRRR
The Chairperson went through the narrative of the report with no objections from Members. 

Committee Recommendations
1. The Committee applauds the Department for its audit outcomes and recommends that the Audit Action Plan is made available to the Portfolio Committee.
2. The Committee recommends that an investigation be launched on the irregular expenditure incurred by the Department and consequence management applied. 
3. The Committee recommends that the Civilian Secretariat fills all its vacancies before the end of 2020/21.
4. The Committee recommends that the Civilian Secretariat source additional funds for a public education campaign aimed at SAPS members to reduce civil claims and compliance by SAPS members. 
5. The Committee recommends that the Department develop action plans to turn around the underperformance with respect to its performance targets. 
6. The Committee recommends that the Civilian Secretariat takes the necessary precautions for its staff and offices to prevent the spread of the COVID-19 pandemic.
7. The Committee recommends that the Civilian Secretariat assists the leadership of SAPS to exercise proper command and control with respect to police conduct.
8. The Committee recommends that the Civilian Secretariat conducts an audit of all FCS units and provide a report on their capacity gaps including human and material resources, and make the report available to the Committee.
9. The Committee recommends that the Civilian Secretariat provides a detailed breakdown of all PPE suppliers, their company directors and monies spent for each PPE item.
10. The Committee recommends that the Department implements all Internal Audit Unit recommendations.
11. The Committee recommends that the Civilian Secretariat find ways and means to assist SAPS to reduce civil claims against the police by looking at root causes for civil claims.

The Committee approved the BRRR.

Private Security Industry Regulatory Authority (PSIRA) BRRR
The Chairperson went through the Report with no objections from the Members.  

Recommendations
The Portfolio Committee on Police recommends the following:
1. The Committee recommends that the Minister should immediately process the appointment of new Council Members before the contract lapses to prevent the situation where they will operate without the Board. The Council has not been appointed since January 2020. 
2. The Committee recommends that the Authority should strengthen its enforcement and compliance with its regulations and code of conduct in order to deter service providers who are not adhering to the Basic Conditions of Employment Act.
3. The Committee recommends that the Authority should strengthen the capacity of the compliance forum in order to prevent unfair labour practices and the exploitation of security officers’ rights by unscrupulous service security providers.
4. The Committee recommends that the Authority should find better mechanism to improve the delays in the criminal investigation cases.
5. The Committee recommends that the Authority should empower small security businesses to develop.
6. The Committee recommends that the Authority should improve the working relationship with the National Prosecuting Authority (NPA) and South African Police Service (SAPS) for the smooth running of processes.

After going through the recommendations, the Chairperson suggested that in the first recommendation that the Committee indicate that the Council had not been appointed since January.  

Mr A Shaik Emam (NFP) expressed concern on the use of the word “Authority” in the recommendations, stating that the Committee needed to specify who had to be held accountable. He said the “Authority” should be the Minister, otherwise, if they did not specify it, they would be leaving it vague and open.

The Chairperson took note and said that it should be rectified in the Report.

Mr K Maphatsoe (ANC) said the Chairperson was raising the point that the PSIRA Council had not been appointed for more than a year. Serious concerns had been raised about that and he asked if the Chairperson was saying that it should be included in the Recommendations.

The Chairperson confirmed that the Council appointment should be included in the recommendations. It must be stated that there have not been Council members since January 2020. It was supposed to be noted because the Committee was very strong in its condemnation that the Council had not been appointed since January even though there was talk of security clearance delays. There was no need to struggle with security clearance since the Minister is a member of the security cluster. Thus, the Council appointment should be included in the Recommendations.

The Committee approved the BRRR.
 
Independent Police Investigative Directorate (IPID) BRRR
The Chairperson went through the Report narrative without any objections from the Members.

Committee Recommendations
1. The Committee recommends that the Minister and Department fast-tracks the IPID Amendment Bill by the end of the financial year.
2.The Committee recommends that the IPID develops an Audit Action-Plan to turn around the under-performance in the Administration and Investigations and Management programmes and make a report available to the Portfolio Committee before the end of Quarter 3, 2020/21 (31 December 2020).         
3. The Committee recommends that the IPID implement the decision to improve the quality of investigations and evidence presented to the NPA in order to prevent the high rate of decisions to decline prosecutions. The Committee further recommends that the     IPID consider prosecutor-led investigations into police criminality.
4. The Committee recommends that the IPID finalises criteria for the prioritisation of cases and seek assistance with the development of such criteria.
5. The Committee recommends that the IPID finalises its accommodation and moves to its new offices by the end of 2020. A report should be provided to the Portfolio          Committee on the new premises, costs, and accommodation for all staff.
6. The Committee recommends that all vacant posts be filled before the end of the financial year.
7. The Committee recommends that the IPID management implements the ICT plan before the end of the 2020/21 financial year.
8. The Committee recommends that the IPID management put in place a docket inspection system with appropriate timeframes for regular inspections of all dockets prior to the finalisation of such dockets.
9. The Committee recommends the IPID put measures in place to curb overspending in the Legal and Advisory Services Programme.
10. The Committee recommends that it supports the initiative of the Executive Director for a turnaround of the IPID and will reassess the implementation of plans at the end of the 3rd Quarter of 2020/21.
11. The Committee recommends that the IPID investigators are sent for training before the end of the financial year.  
12. The Committee congratulates the IPID for receiving an unqualified audit with emphasis of matters and requests that the IPID develops an Audit Response Plan which must be closely managed by the Executive Director and quarterly progress reports copied to the Committee.
13. The Committee recommends that the IPID develops a comprehensive report on fruitless and wasteful expenditure and make it available to the Committee by the end of January 2021.

The Chairperson said that the most important recommendation that should be first on the list is the amendment of the IPID Act which the Committee had consistently insisted on. It should be done urgently.

Ms P Faku (ANC) said that based on the audit report the Committee recommended that IPID develops a comprehensive report on fruitless and wasteful expenditure and make it available to the Committee by the end of January 2021. She could not find this recommendation in the list.

The Chairperson agreed with Ms Faku and asked for any further corrections.

The Committee approved the BRRR.

Discussion
A Committee Member asked when the BRRRs would be served in the House.

The Chairperson replied that it would be submitted to the Office of the Chief Whip, the Speaker and the Chair of Chairs today and the Committee would be informed when the Chair of Chairs had finalised a date.

Mr A Whitfield (DA) asked about the Marikana Panel of Experts Report which they were supposed to discuss today. He asked if it would come back to the Committee. He asked if the Chairperson in her capacity as the Chair of the Committee will be releasing a statement on the threat to our police force made by EFF leader, Mr Malema, which the Minister said is unacceptable. He suggested that the Committee should consider taking a position because Mr Malema also threatened police members and their families.   

The Chairperson agreed and asked that it must be noted down in the media statement for today.

Ms Faku said that it was important that the threat to the police was raised. A threat to the police, to the extent of suggesting that they should be killed and people should go to their houses was uncalled for and is against what we stand for as South Africans. It was understandable that police brutality towards community members had been raised, but IPID had launched a toll-free line to report such cases. If people are unhappy about IPID, the Committee has to open a platform for people to raise such matters.

Ms Faku also raised racism in the country especially as seen in Bloemfontein, and last week in Brackenfell. South Africans have forgotten the meaning of a Rainbow Nation. As a member of a non-racial party, she felt it was important that Members upheld the Constitution of the country, which should not be referred to only when it suited certain individuals and to build the nation too. She called on IPID to take action in areas where there are reports of police brutality. She expressed sadness about the racially motivated fights among South Africans, which are reversing the strides made by the late Tata Madiba. It is unacceptable that other political parties instigate violence or police let it happen on their watch as was seen in the Free State where police vans were vandalised by some members of the farming community. The blame should not be shifted to one political party, as those members in the Free State were not from the EFF. Farm killings are unacceptable regardless of the race of the victim because they are all South Africans.

The Chairperson said that the statement released today had to include the EFF threats, racism and the battles with the police, and a strongly worded statement on the fight against gender-based violence and femicide. The statement will include they did not discuss the Marikana Panel of Experts Report because the Minister had not yet released that report. The Committee had requested that the Minister urgently releases that report.

Mr Shembeni thanked Ms Faku for what she had alluded to as there is a lot happening in our country daily. The Committee should not be specific on some matters which should be left to the right people to comment on as they will find themselves lumbering. The Minister commented on the matter of the EFF leader. If the Committee commented on that it would be jeopardising the investigations if there were any. Dealing with a matter while the Minister is on it will not do justice as Ms Faku mentioned that these things are coming a long way, from the Free State and somewhere else it’s a battle. It was Free State, Brackenfell and now it is this. He suggested the Committee should leave such matters to the relevant people to deal with them.

The Chairperson promised to discuss the matters and report back to Mr Shembeni and Mr Whitfield.

Mr Shaik Emam said he was not sure if there was time for dialogue which should be initiated by the Committee. It was not just about the matters raised by the Members, but protests are prevalent in the country with the uMkhonto we Sizwe veterans leading the anti-foreign protests in Kwazulu-Natal (KZN), and the torching of trucks driven by foreigners being another problem. He noted the prevalence of violent protests and the destruction of property in the country. He gave an example of terrorism in Mozambique, where the delayed government response to the rising violence in that country contributed to the current uncontrollable terrorism. He believed that this is the direction South Africa is heading on many issues. When there is an attack on the police officers, they blame the police.  A lot is going on and he wondered if there could be some dialogue to discuss matters. Otherwise, we are heading to a lawless state with serious repercussions in the future.

In response, the Chairperson said that there is a platform to table the concerns raised by Mr Shaik Emam in Parliament. Members should not abuse the Committee by bringing items that are not on the agenda of the Committee. She said she would look at the statement very carefully, draft it and consult with different political parties, but she would not release a statement with too many points on it.

Dr P Groenewald (FF+) asked to see the statement that would be released before approving it. He agreed with the Chairperson that there is a platform for the issues raised by Members. He admitted that there are a lot of hotspots such as the Bushiri matter. He requested that the Committee gets a progress report on the matter as it is of interest to South Africa. The Police Committee is the right committee to get the report on the investigation into the Bushiri case.

The Chairperson said Members were trying to smuggle too many matters into the meeting. There is a platform for that. She would not allow that to happen, instead, she was going to call all political parties and look at the pertinent issues that needed to be raised the following week. They had the opportunity the following week to place certain items on the agenda that could be discussed properly and appropriately. Before releasing a statement, she will confer with Mr Shembeni, Mr Shaik Emam, Mr Whitfield, Ms Majozi, and Mr Maphatsoe.  She will call Mr Shembeni, Dr Groenewald, and Mr Whitfield. She would look at placing the Bushiri matter on the agenda. There was a task team set up by the President within the Peace and Stability ministry cluster. She promised to speak to the Minister and the Minister of Defence who is leading that investigation and revert to the Committee with a response.

The meeting was adjourned.