Hon Chairperson, members of Cabinet, hon Members of Parliament, fellow South Africans, in December 1997, at its 50th national conference in Mafikeng, the ANC - the people's liberation movement, the oldest organisation in South Africa, in Africa, and one of the few oldest organisations in the world - resolved that: "The political oversight and authority of the SAPS Ministry shall be enhanced to ensure compliance with the aims of the government of the day."
The Bill before the House today is in line with the Mafikeng ANC national conference resolution. As a matter of fact, it unapologetically implements that resolution. By the way, the ANC leads, and the ANC lives. [Applause.]
As contemplated in section 208 of the Constitution, a civilian secretariat for the police must be established by national legislation to function under the direction of the Cabinet member responsible for policing. The Civilian Secretariat for Police Service Bill hereby intends to establish the police civilian secretariat.
In 1995, when the SA Police Service Act was passed, it established the Secretariat for Safety and Security. Currently, even if it is expected to exercise civilian oversight over the Police Service, the secretariat has to depend on the SAPS for its budget or finances. Since it gets its budget from the SAPS, it equally has to account to the SAPS on how it spends its allocated budget. This undermines the civilian oversight role of the secretariat over the police. This Bill establishes a civilian secretariat as a designated department at national level. This means that as soon as this Bill is passed and becomes an Act, the secretariat will get its budget from Treasury and that budget will be approved by Parliament. The secretary will be an accounting officer of the civilian secretariat. This, on its own, is indeed a milestone.
The Bill clearly defines the objects, functions and powers of the civilian secretariat, the objects of which are: to exercise civilian oversight over the Police Service; to give strategic advice to the Minister in respect of developing and implementing policies; to provide administrative support services to the Minister; to ensure South Africa's engagement with regard to relevant international obligations; to liaise and communicate with stakeholders; to implement a partnership strategy to mobilise role-players and stakeholders; to implement, promote and align the operations and functions of the national and provincial secretariats; to promote co- operation between the secretariat, the Police Service and the directorate, that is the Independent Complaints Directorate, ICD, or Independent Police Investigative Directorate, IPID; to provide guidance to community police fora and associated structures and to facilitate their proper functioning; and to provide for the establishment, composition and functions of a senior management forum and ministerial executive committee.
Lo Mthethosivivinywa unika uNgqongqoshe woMnyango wamaPhoyisa, esebenzisa imithetho yabasebenzi, amandla okubeka owesilisa noma owesifazane ukuba abe ngunobhala isikhathi esiyiminyaka emihlanu, ingavuselelwa kanye, ukuze aphinde aqhubeke aphathe eminye iminyaka emihlanu. (Translation of isiZulu paragraph follows.)
[This Bill gives the Minister of Police, through the use of labour laws, the power to appoint a male or a female as secretary for a period of five years, which can be renewed for another term so that he or she can continue for another five years.]
It is the secretary who is ultimately responsible and accountable for all that happens in that office at national level.
Lo Mthethosivivinywa uphinde unike uNgqongqoshe woMnyango wamaPhoyisa amandla okuba asuse unobhala uma engaziphathi kahle, ngenxa yesimo sempilo engeyinhle noma ukuhluleka ukwenza umsebenzi ngokufanele. (Translation of isiZulu paragraph follows.)
[This Bill also gives the Minister of Police the power to remove the secretary if he or she does not conduct himself or herself well, because of ill health, or because of incompetence.]
The secretary is obligated to submit quarterly reports to the Minister and the parliamentary committees responsible for policing on the activities of his or her office. As with all departments, organisations and entities, the secretary shall prepare and submit to the Minister an annual report which the Minister will table in Parliament.
The Bill provides for transitional arrangements and further repeals section 2 of the South African Police Service Act, Act 68 of 1995, and amends section 1 of the SAPS Act, and section 1 of the Firearms Control Act, Act 60 of 2000.
As I conclude, I want to say that our vision is derived from the Freedom Charter, which proclaimed in 1955 that there shall be peace and friendship. This was against the backdrop of an apartheid state and security system which undermined the human dignity and the rights of our people, and simultaneously promoted war, not only in the country, but in the region and on the continent as well.
In building on this vision of the Freedom Charter, the ANC declared at the 1997 Mafikeng national conference that its vision was to create structures of civilian oversight, at local and national levels, to ensure that the SA Police Service became accountable to the civilian authority through the establishment of a civilian secretariat, the community policing forums, and others. This resolution was taken in order to promote democratic accountability, transparency and openness within the SA Police Service. Police members in possession of such powers need close monitoring and oversight by different organisations, and the civilian secretariat is one of them.
The Bill provides the Ministry of Police, the Secretariat of Police and the SAPS with yet more effective ammunition in the fight against crime. It remains our firm belief that we have to do everything we can and that is possible to ensure that crime is fought and that people are and feel safe. As Parliament, the executive, the judiciary and South Africans, we are up to the task and capable of addressing the crime-related challenges that lie ahead.
Together we are turning the tide against crime and criminals. Working together, we are winning the war. Let me thank the Secretary of Police, Ms Jenni, the state law advisers and all organisations and individuals who made written and/or oral submissions to Parliament on this Bill. They all assisted the committee in the processing of this Bill.
Ningadinwa nangomuso. [Please do it again in the future.]
Hon Chairperson, I present to the House the Civilian Secretariat for Police Service Bill of 2010. I thank you. [Applause.]