JCPS CLUSTER PARLIAMENTARY MEDIA BRIEFING FEBRUARY 2006

1. Introduction

Our cluster has two sets of priorities – those that are ongoing from our ten-year strategic plan and those that will be carried out this year. These priorities will be a further contribution to what the President has depicted as a growing public confidence in government’s capacity to lead in the creation of a united, non-racial, non-sexist, South Africa, steeped in the greatest tenets of democracy and opportunity and prosperity for all.  In the previous year, significant successes were scored in the creation of a just, safer and more secure environment for all including the reduction of key categories of crimes and the strengthening of the criminal justice system. This paved the way towards our ultimate goal – to create conditions for peace and stability in our country.

We continue to be seized on the three priorities of better crime prevention and public safety, the strengthening of the criminal justice system and improvement of our national security.

2. Special Tasks & Priorities

There are a number of special tasks we have to attend to arising from the President’s State-of-the-Nation address last Friday.

2.1 President Machel

The death on October 19, 1986, of Mozambique’s President Samora Machel who died, together with 24 others, in a plane crash at Mbuzini in Mpumalanga was among special tasks that the President placed on the agenda of the peace and security organs of our country.

He raised the death of President Machel when he was talking about anniversaries we will commemorate this year, particularly those that he said would serve “to emphasize the bonds that tie us to the rest of the world”. And, talking about President Machel he said he died a violent death “in a plane crash that still requires a satisfactory explanation.”

Quite clearly, the President, our Commander-in-Chief, was asking for a reopening of the investigation of that death. Our law enforcement agencies are going to develop a strategy to deal with the matter. The investigation will be reopened and will include cooperation with the law enforcement agencies of Mozambique.

We will deploy the best available resources, human and material, to deal with the matter. We owe it to the people of Mozambique who assisted our liberatory forces to topple apartheid and install the democratic dispensation that we have.

2.2 Outstanding TRC Matters

The President also referred to issues relating to the Truth and Reconciliation Commission’s report that was tabled in Parliament on April 15, 2003. At that session the President had made it clear that outstanding matters from the TRC process would not necessitate another amnesty process and that there would be no general amnesty.

What would happen, therefore, would be a process that the President spelt out as follows:

“(The) National Directorate of Public Prosecutions, working with our intelligence agencies, will leave its doors open for those who are prepared to divulge information at their disposal and to co-operate in unearthing the truth for them to enter into arrangements that are standard in the normal execution of justice and which are accommodated in our legislation.”

What this means is that, anybody who has information about gross violations of human rights over the period that was covered by the TRC, would have to submit that information to the law enforcement agencies en route to the courts to tell their story.

Victims of human rights violations would be accorded space to participate in those court processes.

The President wants our cluster to finalise all outstanding reparations to victims of human rights violations; deal with perpetrators who did not get amnesty and find all persons who went missing as victims of human rights violations.

We will expedite our work to bring to a close all outstanding matters from the TRC process and finally help bring closure to the chapter in our history when there was bloodletting, torture and other instances of human rights violations.

Justice and Constitutional Development is the lead department on this question, working closely with Intelligence and Safety and Security.

3. Local Government Elections

Our cluster has finalized plans for securing the forthcoming Local Government election, to be held on 01 March 2006. Cabinet has endorsed our proposals for the deployment of personnel and material resources needed for the election.

Our intelligence services have been doing a scan over some time to do a prognosis for the election to facilitate the deployment of resources.  We can report, therefore, that our security services are ready to provide all necessary protection to the voters, IEC human and material resources, and the voting stations. They will create, therefore, the necessary conditions for a free and fair election.

The security services will apply the law stringently in the creation of conditions of peace and security relevant to the election. In the circumstances, they will create an atmosphere for safety and security before, during and after the election.

A committee has been established nationally that is comprised of the Independent Electoral Commission (IEC), SAPS, SANDF, National Intelligence Coordinating Committee (NICOC), National Intelligence Agency (NIA), Depart of Home Affairs, Department of Provincial and Local Government and the Demarcation Board.

A security strategy has been articulated to cover all 18 971 voting stations.

4. Crime Prevention & Public Safety

4.1       Capacity

The past three years saw a marked increase in the number of appointments of various members of the peace and security cluster. The National Intelligence Agency trained a total of three hundred Security Managers in the various departments. More people are being identified for training as Security Managers as part of our ongoing programme.

The Security Managers are responsible for information security in the various departments. A Security Managers Forum meets on a bi-monthly basis. 

The JCPS has established a Human Resource Study Task Team to investigate the “knock-on effect” on the other departments in the cluster given the rise in the numbers of the police who join the SAPS and the increased rate of arrests of criminals. As a consequence of better investigations more cases go to our courts and more sentenced offenders go to our correctional detention centres.

To deal with that type of a problem the National Prosecuting Authority will employ more personnel in addition to the 2 187 prosecutors and 196 senior public prosecutors that it has who deal with criminal cases in the lower courts. This should be understood in the context that the NPA handled last year approximately a million cases.

The expansion of the work of the NPA presupposes the building of new courts by the Department of Justice and the employment of more magistrates and administrative support staff. This year 25 district courts will be opened and 15 regional court magistrates will be appointed.

Over the next three years 890 additional prosecutors posts will have to be created which will allow for the deployment of at least two prosecutors per court.

The complements of the departments of Correctional Services and Safety and Security were also increased last year. Correctional Services recruited an additional 3 000 members while SAPS raised their numbers to 152 236. The projection was that the personnel figures by the end of last year would be 148 970 and it was hoped that those numbers would increase to 156 060 this year, 158 000 by 2007 and 165 850 by the end of March 2008. Current indications are that those targets will be met.

4.2       Police reservist System

The police have redefined the system of police reservists among other things to consolidate SAPS’ sector policing programme.  The new system provides for four categories of reservists, namely, Functional Policing, Support Services, Specialized Functional Policing (pilots, divers, social workers) and rural and urban sector policing

The main thrust of the revised system is to create a part-time professional police service. The police reservists are being recruited from the communities where they live. The system also provides for the call-up and payment of reservists, based on the identified policing needs at provincial, area or station level. The reservists will be paid only when they are called up and according to their ranks.

4.3       Reduction of Firearms

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The search for and confiscation of illegal firearms continues to inform our project to reduce by 7 and 10% the levels of serious and violent crimes.

Since July 1 l2004 when the Firearms Control Act was implemented in its entirety we have collected 144 639 firearms some of which were illegal (47 550) while others were handed over to the police as part of the firearms amnesty

 (33 823) or were handed in voluntarily (63 266). We also collected 2 726 155 rounds of ammunition. A total of 151 769 firearms was destroyed. That number included redundant and obsolete firearms. SEQ CHAPTER \h \r 1

A process of consultation was initiated last year with stakeholders in the firearms industry to discuss some of the challenges that have arisen in the implementation of the Firearms Control Act. The interactions are going to continue in the search for answers to some of the problems.

Last year’s consultations helped in the effort to bring amendments to the act with an amendment bill in the pipeline to serve before Cabinet soon.

Meanwhile an operational centre and a national firearms call centre were established last year to deal with enquiries from the general public and stakeholders in the industry.

Applications for the accreditation of various associations and organisations have been coming thick and fast. The South African Police Service has finalised 884 accreditations of 11 sports shooting organisations, two hunting associations, nine collectors associations, 192 outfitters and professional hunters, 305 training providers and 241 shooting ranges.

More than 18 000 competency certificates have been issued.

4.4       Social Crime Prevention Measures

The SAPS conducted thirty education workshops last year focusing on violence against women and children. 

Meanwhile, the Department of Social Development has completed its task of formulating a new National Drug Master Plan. The relevant document will be submitted for approval soon to Cabinet. The Master Plan will inform government’s response to the matter of drug and substance abuse which is one of the biggest generators of social crime.

We have pegged our rehabilitation interventions at our correctional facilities on the JCPS social crime prevention programme to deal, among other things, with re-offending to break the cycle of crime in a profound way.  From October 2005 to date six training sessions were held for Correctional Centres of Excellence across the country on the offender rehabilitation path outlined in the White Paper on Corrections. 

The programme seeks to entrench the new approach to corrections that, in a systematic way handles the management of offenders from admission through various needs-based rehabilitation and corrections programmes to social reintegration.  The programme of building a new ethos in the delivery of correctional services will be intensified in 2006.

5. National Security

5.1 Capacity of Intelligence

The priority concern of the Intelligence Services is to safeguard our Constitutional democracy and ensure our sovereignty. Building capacity of the Intelligence Services to play a greater role in supporting law enforcement agencies to combat threats such as corruption, organized crime (drugs and vehicle-related crime), and international terrorism are some of the ongoing priorities for the Intelligence Services. 

The priority to develop greater capacity is underpinned by a cross-cutting programme to inculcate the value of respect for the rule of law and deepen the understanding by members of the Intelligence Community the Constitutional rights of citizens.

5.2 Legislation & Regulations

The Minister for Intelligence Services recently initiated a Review of Intelligence legislation, internal regulations and operating procedures.  Thus far, the Review Committee has identified areas requiring attention with a view to tightening the framework within which the Intelligence Services operate. 

The Committee’s work also covers recommendations to incorporate the envisaged replacement of the Minimum Information and Security Standards (MISS) with the National Information Security Regulations (NISR). The NISR derives its legitimacy from the National Strategic Intelligence Act and will address the specific deficiencies experienced over the years with the MISS. 

5.3 Office for Interception

The Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 were implemented last year.  In line with this the Office for Interception Centres is being established.

Consultation with law enforcement agencies is underway and it is expected that the Office will be functional by July this year.

Oversight and control of this Centre resides with the Minister for Intelligence Services, the Joint Standing Committee on Intelligence and the Inspector General.  The Office will provide a service to all law enforcement agencies thus alleviating duplication, pooling resources and limiting abuse of this instrument.

5.4 International Intelligence Review

The International Intelligence Review Agencies Conference will be hosted in South Africa in October 2006.  The decision to host the event in South Africa is an indication of the important role played by our country in developing more effective oversight and control over Intelligence Services.

5.5 Border Control and Security

The Department of Home Affairs has noted that the movement of travelers has contributed to the increase in congestion at Border Posts during certain periods. Given this reality and the need to continue to provide the requisite public service the Department has deployed enough immigration officials to assist travelers to handle all their requirements with regards to their passports.

The Border Control Coordinating Committee (BCOCC) of the JCPS Cluster also intervenes whenever it is necessary to do so and the pedestrian congestion inside the ports of entry is addressed through an effective queue management and management of access control of persons entering and leaving the port of entry.

With the recent launch of the National Immigration Branch (NIB) of Home Affairs, government seeks to create a credible immigration regime, which is effective, efficient, professional and friendlier in the facilitation of movement of goods, services and people into and out of the Republic.

5.6 Refugee Backlog

One of the main challenges facing the Department of Home Affairs relates to the backlog of applications for asylum – presently at around 105 021. The existence of such a large backlog has a detrimental effect on those who are genuinely in need of protection as without refugee status and an identity document they find local integration difficult. It also places a heavy burden on the state in that the existence of the backlog in turn encourages abuse of the system.

A project designed to accurately determine the extent of the backlog and to make a significant impact in reducing the backlog will be implemented shortly. The Backlog Project will operate in four centres – Johannesburg, Cape Town, Port Elizabeth and Durban. This project, which will run for an initial period of six months, will operate in addition to the existing Refugee Reception Centres, which will continue to handle new applications for asylum. The Department of Home Affairs has also taken note of the judgements of the Cape Town and Pretoria High courts respectively, in which the Department has been required to make dramatic improvements to ensure that asylum seekers have access to the asylum determination process. The Backlog Project is one of the means by which the Department intends responding to the concerns raised by the courts.  

5.7 Fraud and Corruption

The fight against corruption continues to sit high up our ladder of priorities. Corruption in al its forms, whether it manifests itself as bribery, embezzlement, fraud, extortion, abuse of power, conflict of interest, insider trading, abuse of privileged information, favouritism or nepotism, tends to undermine sustainable development and leads to a loss of confidence in public institutions.

The Department of Justice and Constitutional Development piloted a Bill in Parliament last year called the Prevention and Combating of Corrupt Activities Bill. The bill became part of our legal instruments towards the end of the year and has been used in the fight against corruption.

Hundreds of officials  from all state organs were investigated and the guilty arrested or dismissed in accordance with the gravity of the cases they were facing and millions of rands were recovered in some instances from a range of services including the medical aid scheme, social grants, procurement and the recruitment of staff.

The President is studying currently the Report of the Jali Commission on fraud and corruption at the Correctional Services facilities. At an appropriate time the findings will be made public, including implementation strategies is response to the recommendations.

Home Affairs convened last year the National Counter-Corruption Workshop in order to promote good governance and draw from the expertise and resources as well as know-how of other agencies.

5.8 Lindela Repatriation Centre

Home Affairs appointed last year a Committee of Inquiry to conduct an investigation into the circumstances surrounding deaths at the Lindela Repatriation Centre.

The Committee made recommendations to the Minister with regard to the implementation of systems and protocols to deal with illegal foreigners awaiting deportation.

The recommendations included matters such as the spread of some diseases, overcrowding, and deaths. The department has responded positively to the recommendation and has started a programme to provide adequate infrastructure and human resources at Lindela.

Since the Committee’s report and the implementation of its recommendations there has been a significant reduction in the numbers of illnesses and fatalities. The accelerated programme of deportations has been a big contributor to the improved conditions. As we speak, the number of persons at the facility has been reduced to below 2 000 for the past number of months.

The Service Level Agreement (SLA) with the Service Provider has been significantly reviewed and aligned to the Committee’s recommendations. A joint facility management committee has been established as part of the SLA to ensure that all matters relating to the facility are attended to promptly. The department monitors the situation.

6.  Criminal Justice System

6.1 Service Charter for Victims of Crime

6.2 Legislation

The Criminal Law (Sexual Offences) Bill is serving before Cabinet and will be submitted to Parliament to start the necessary consultation and hearings at that level. It is crucial that the Bill be finalised for enactment this year as it will be one of the most important pieces in our arsenal against the sexual abuse of women and children, especial the girl child.

The other important bills that should see the light of day this year as part of our legislative framework are being discussed at various levels, including by the Justice Portfolio Committee. They are the Constitution 14^th Amendment Bill and the Superior Courts Bill that deal with the transformation of the judiciary.

There is also the Judicial Service Commission Amendment Bill that is intended to provide a framework for handling complaints against judges.

6.3 Justice Services For All

In this regard, highlights are that we will -

·        Finalise the re-demarcation process and provision of Service Points in areas of need by 2007/08, and

·        Finalise the establishment of High Courts for Mpumalanga and Limpopo over the next few years

6.4 Awaiting Trial Detainees

The Management of Awaiting Trial Detainees (ATDs), including children in conflict with the law, will be placed under the spotlight of the cluster with the aim of finding sustainable solutions to challenges associated with the incarceration of this category of inmates. 

Following the implementation of special remission of sentence in 2005, numbers of sentenced offenders declined to about 110 000, while the number of Awaiting Trial Detainees stood at 44 000.

A cluster task team led by the Department of Correctional Services has been assigned to review the management of ATDs that constitute over 28% of the current offender population in our centres.  The team is expected to consider a range of mechanisms, including best practice, of managing the incarceration of the alleged offenders, levels of threat against society, alternative accommodation and human resources requirements.

Regarding children awaiting trial in detention centres of Correctional Services, the Cluster has undertaken to intensify the great work done in 2005 of reducing by over 65% (from 1700 to 1100) the number of children in detention.  Developments in this regard will be periodically assessed by the JCPS and its partners in government, including the Department of Social Development. The Department of Finances has made funds available for the construction of places of safety by Social Development and the utilisation of provisions of the Criminal Procedure Act to manage the ADT population in centres that will be developed for that purpose.

7. International Interface

7.1 Small Arms Proliferation

A Southern African Development Cooperation work session was held in Pretoria to consider better measures to address the proliferation of firearms in the SADC Region. The matter continues to be of great concern on the African Continent and the SADC region wants to play a crucial role to stop it in terms of standing SADC and United Nations protocols and conventions.

The matter is one of the top priorities of the Southern African Regional Police Chiefs Cooperation Organisation (SARPCCO).

7.2 Penal Reforms

The international community has recognized another leader from our Cluster. The Commissioner of Correctional Services, Linda Mti, was elected last year Deputy President for Africa at the Conference of International Corrections and Prisons Association (ICPA) in Edinburgh, Scotland. 

Commissioner Mti was nominated by the 7^th Conference of Eastern and Southern African Prisons and Correctional Services Association (CESCA) that was held in Kenya last year. CESCA is expected to adopt a constitution that will broaden the organization to cover all African states in and effort to devise a programme to drive transformation of prisons on the Continent.

Other South Africans from our Cluster who have been given leadership positions include Anan Pillay from SAPS who was appointed by the African Union to command the civilian police component of the African Union Mission in Sudan (AMIS). His tour of duty in Darfur (Sudan), however, will end this month whereupon the AU will look for a replacement.

The SAPS National Commissioner, Jackie Selebi, was elected president of Interpol, while Dennis Dlomo from the South African Secret Service (SASS) was appointed Executive Secretary of the Committee of Intelligence and Security Services of Africa (CISSA) which is a subcommittee of the African Union.

South Africa will host a conference that will usher in the first Pan African Prisons and Correctional Services organisation later this year.

7.3 Other Tasks

The South African National Defence Force will continue to do peacekeeping duties on the Continent, in countries like the Democratic Republic of the Congo; Burundi; Darfur; Ethiopia and Eritrea, and Cote d’Ivoire.

The police are also involved in the DRC, Darfur and Cote d’Ivoire, while Home Affairs is part of the government initiative to help the DRC to conduct their election on April 29 this year as a key element to peace in that country.

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