July - September 2017 October - December 2017 SAPS AND MPS REPORTING OBLIGATIONS TO ASSESS THEIR EFFICIENCY, EFFECTIVENESS AND CONDUCT July - September 2017 October - December 2017 Gideon Morris

Reporting requirements Reporting Framework Community Safety Act (CSA) and Regulations require that the SAPS and the CoCT report in writing to the MEC on a quarterly basis. To oversee the effectiveness and efficiency of the SAPS and the MPS To monitor the SAPS and MPS conduct S19 of the CSA: Reporting obligations on the SAPS Responsibility lies with the Provincial Commissioner S21 of the CSA: Reporting obligations on the CoCT Responsibility lies with the Executive Head of the Municipal Police Service This report covers the following periods: April – June 2017 (CoCT) July – September 2017 (SAPS and CoCT) October – December 2017 (SAPS and CoCT) SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Lost or stolen firearms The Provincial Commissioner and Executive Head fulfilled their reporting obligations under this subsection. Number of lost or stolen firearms, number of recovered firearms Circumstances (highlights): SAPS: 43% went missing and discovered during safe inspections at police stations; 30% were stolen during robberies or housebreakings. MPS: 3 during an armed robbery, 1 during a high jacking - 1 was recovered. Stations (highlights): Mostly a once-off incident; Mitchell’s Plain (16 lost); Nyanga (5 missing); Khayelitsha (3 missing); Delft (3 missing). 27 SAPS officials disciplined for lost or stolen firearms. 26% of SAPS firearms were recovered. Lost or stolen firearms April - June 2017 July - Sept 2017 Oct – Dec 2017 Total lost or stolen Total recovered SAPS No data 28 18 46 12 MPS 3 1 4 SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Arrests, court referrals, prosecutions, convictions The Provincial Commissioner partially fulfilled his reporting obligations under this subsection. The Executive Head fulfilled his reporting obligations under this subsection. No. of SAPS arrests, court referrals and convictions No. of MPS arrests “Partial compliance” because SAPS did not provide information on how many CoCT MPS arrests led to court referrals, prosecutions, convictions. However, its systems cannot make that distinction. SAPS July - Sept 2017 Oct - Dec 2017 Total Arrests 85 258 110 670 195 928 Court referrals 235 492 109 133 344 625 Prosecutions Info not provided Convictions 80 760 (34.29% of court referrals) 23 057 (21.13% of court referrals) 103 817 (30.12% of court referrals) MPS April-June 2017 July - Sept 2017 Oct - Dec 2017 Total Number of persons arrested 1 072 1 107 1 141 3 320 Number of charges brought by SAPS 1 170 1 195 1 279 3 644 SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Allocation of funds and resources, methods used to achieve safety objectives and measurable outcomes Both the Provincial Commissioner and the Executive Head partially fulfilled their reporting obligations under this subsection. SAPS operating budget and expenditure MPS operating budget and expenditure “Partial compliance” because missing info on allocation of resources, methods used to achieve objectives (CoCT only) and measurable outcomes. DoCS will rely on this provision to request specific thematic information in future. SAPS July - Sept 2017 Oct - Dec 2017 Operational budget (annual) R 766 648 000 Actual expenditure R 354 955 606 (46,3% of budget) R 578 446 366 (75,45 %) MPS July - Sept 2017 Oct - Dec 2017 Operating budget R 122 962 010 R 136 000 409 Actual expenditure R 119 198 205 (96,93 % of budget) R 128 953 976 (94,81%) Capital budget R 8 000 000 R 8 604 334 R 103 462 (1,29 % of budget) R 6 297 470 (73,18%) FOR HOD’s ATTENTION: SAPS info provided: in order to achieve the safety objectives of the Province, SAPS indicated that “the allocated budget was directed to all centres of financial responsibility to achieve the objectives of the Province as stipulated in the Annual Operational Plan”. I INDICATE PARTIAL COMPLIANCE – THESE ARE THE QUESTIONS SENT TO SAPS AND THE COCT: On the allocation of funds and resources, expenditure, methods used, outcomes: Why is there such variance in SAPS expenditure between the two reporting quarters? Why is there such variance in MPS capital expenditure between the two reporting quarters? What are the SAPS methods used to achieve safety objectives? What are the MPS methods used to achieve safety objectives? What resources does SAPS allocate to its safety objectives? What resources does the MPS allocate to its safety objectives? Did the SAPS achieve measurable outcomes other than arrests/court referrals/prosecutions? Did the MPS achieve measurable outcomes other than arrests? SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Service delivery and misconduct complaints The Provincial Commissioner complied with his reporting obligations under this sub-section. The Executive Head did not provide information under this sub-section. Service delivery complaints… July – Sept ‘17 Oct – Dec ’17 Total … received by SAPS 632 641 1273 … finalised by SAPS 557 459 1016 No information received from the Executive Head of the Municipal Police Service – will be provided in future Outcome of finalised cases July-Sept ‘17 Oct – Dec ’17 Total Founded – disciplinary action taken 195 (35%) 146 (32%) 341 (34%) Founded – no disciplinary action taken 41 (8%) 28 (6%) 69 (7%) Unfounded 321 (58%) 285 (62%) 606 (60%) 557 (100%) 459 (100%) 1016 (100%) SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Disciplinary and criminal cases against SAPS officials Both the Provincial Commissioner and the Executive Head partially fulfilled their reporting obligations under this subsection. SAPS – criminal charges 41% of charges laid for common assault; 19% for reckless and negligent driving. 73% of cases still under investigation; none resulted in a verdict. SAPS – disciplinary charges 24,5% of charges brought for failure to comply with an instruction; 13% for violence Criminal charges laid and outcome Total Criminal charges laid 239 … under investigation 175 … on court roll 25 … withdrawn / closed / declined to prosecute 32 … with NPA 7 Disciplinary cases instituted and outcome Total Disciplinary charges 768 … Pending 410 … Finalised 97 … No steps 38 … Not guilty 24 … Guilty 35 SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Disciplinary and criminal cases against MPS officials CoCT MPS “Partial compliance” because the CSA requires that SAPS and the CoCT provide the Department with the names of officials against whom charges were brought. Issues of privacy were raised by both institutions. Criminal charges laid and outcome Total Criminal charges laid 13 … under investigation 10 … withdrawn 3 Disciplinary proceedings instituted and outcome Total Disciplinary charges 34 … Pending 16 … Finalised 18 … No steps 4 … Not guilty … Guilty 9 … Awaiting verdict 1 SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

IPID referrals – s29 of the IPID Act Both the Provincial Commissioner and the Executive Head fulfilled their reporting obligations under this subsection. SAPS – s29 cases reported to IPID July-Sept 2017 Oct-Dec 2017 Total Under investigation 53 37 90 No Steps 109 67 176 Corrective Counselling 4 104 108 Verbal Warning 6 5 11 Written Warning 8 9 17 Final Written Warning 14 Referred to Provincial Commissioner Office for a hearing: Regulation 8 10 185 132 317 CoCT - S29 cases reported to the IPID April-June 2017 July-Sept 2017 Oct-Dec 2017 Status Inquest (murder) 3 Investigation ongoing Common assault 1 SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Crime statistics Neither the Provincial Commissioner nor the Executive Head complied with their reporting obligations under this sub-section. The Provincial Commissioner provided the crime statistics for the 2016/17 financial year, which falls outside of the reporting periods examined in this report. His office indicated that they were bound by instructions from the SAPS National Commissioner and the Minister of Police not to release crime statistics to the Department on a quarterly basis until such time as they had been officially released to the public. The Executive Head did not provide crime statistics as they do not produce crime statistics. SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Circumstances around the use of firearms The Provincial Commissioner provided the information for the month of December 2017. The Executive Head did not provide information under this sub-section. The first SAPS report read as follows: “Shooting incidents reports are completed at station level where incidents occurred w.r.t. firing of a weapon/allow a weapon to be fired/order the firing of a weapon. An instruction was sent to SAPS Provincial Operational Command Centre (POCC) to coordinate this information as from the 1st of December 2017”. SAPS reported 11 shooting incidents for December 2017. CoCT: The information will be provided going forward. SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Deaths of SAPS and MPS officials, deaths caused by officials, deaths in custody The Provincial Commissioner fulfilled his reporting obligations under this sub- section. The Executive Head indicated that there were no cases to be reported during the period under review. SAPS Deaths July-Sept 2017 Oct-Dec 2017 Total Deaths of police officials 4 Deaths in police detention 2 6 Deaths due to police action 1 SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Highlights High number of stolen firearms from SAPS officials (46 for this reporting period); This is worrying, especially those discovered through safe inspections and those lost or stolen by negligence; However, in two of the cases, high level investigations were undertaken. SAPS responses to such incidents should be tracked over time. Information provided by SAPS under the CSA indicates a high number of arrests and court referrals by SAPS but a low number of convictions by our courts (only 30% of court referrals reported during the two reporting quarters resulted in a conviction during the two reporting quarters); Raises the question of the efficiency of the criminal justice system as a whole; Over time, this information will be checked against other data sources. Disciplinary and criminal cases brought against SAPS and MPS officials are, for the most part, stalled; The vast majority of cases are pending; No criminal cases resulted in a verdict (guilty or not guilty). The information related to IPID referrals, crime statistics, deaths and shooting incidents is either absent or insufficient to make findings. SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18

Conclusion Extensive amount of information provided by SAPS and the CoCT; This must be positively acknowledged; It is the first time that the Department was able to obtain such extensive information from our key partners; The information is classified as confidential. SAPS / CoCT do not always have the systems and databases in place to provide the Department with the information as strictly required under the CSA; The Department needs to reassess which information it requires in further detail and which information can be requested on an annual or ad hoc basis, in order to fulfil its mandate and in order to assess police efficiency and effectiveness and monitor police conduct as per the objectives of the CSA. SAPS AND MPS REPORTING OBLIGATIONS - Quarters 2 and 3 of 2017/18