Chairperson and Minister, since 2009, the SA Police Service's Crime Intelligence has enjoyed headline status in the local and overseas news media for the wrong reasons. This negative publicity has tarnished the image and undermined the pivotal role they have played in the prevention of crime in this country.
The greatest issue was the investigation of Richard Mdluli as head of the SAPS's Crime Intelligence, which also resulted in the implication of Gen Lazarus and other senior members in fraudulent actions. Crime Intelligence officers are at all times expected to be professional and honour their code. They must realise that they are not above the law and that they are accountable to Parliament and to the people of South Africa.
Minister, many of the apparently fraudulent actions might not have happened if the SAPS's Crime Intelligence was properly legislated. Another constraining factor is the current budget allocations of the SAPS's Crime Intelligence. The budget allocated amounts to R2,7 million in 2013-14, but that is not where it ends. There is also a secret fund budget, with an undisclosed amount that is not accounted for publicly. Now, this is the problem. The budget under Vote No 25: Police is exposed to comprehensive oversight, a process driven by the Portfolio Committee on Police, whilst the secret fund's budget falls within the ambit of the Joint Standing Committee on Intelligence. It is within this budget that fraud was uncovered, but only dealt with after the damage was done.
Crime Intelligence is currently regulated by two pieces of legislation, namely the South African Police Service Act, Act 68 of 1995, and the National Strategic Intelligence Act, Act 39 of 1994. The latter also governs the State Security Agency and the Defence Force Military Intelligence. However, Crime Intelligence operates within unique circumstances, through mainly covert operations. As such, they are not regulated through national instruction, as is the norm within the SAPS, but rather through standard operating procedures that are classified. These documents direct the procedures of Crime Intelligence members to follow when they execute their duties, and not being able or in a position to see what the SOPs entail makes it very difficult to ascertain whether the operations are adequately regulated. Therefore, effective oversight is doubtful.
Future abuse in Crime Intelligence must be prevented. Minister, what is needed is appropriate legislation to regulate the functioning of Crime Intelligence. I am thus of the opinion that it is now the right time for Parliament to pass legislation in this regard. I thank you. [Applause.]