2016 WHITE PAPER ON POLICING PORTFOLIO COMMITTEE ON POLICE CIVILIAN SECRETARIAT FOR POLICE SERVICE 2016 WHITE PAPER ON POLICING PORTFOLIO COMMITTEE ON POLICE 8 MARCH 2017

Process overview Review of 1998 White Paper on Safety and Security commenced in 2010 Draft presented to JCPS DGs in June 2012 Minister Mthethwa resolved to draft two policy frameworks – policing and safety and security Draft Green Paper presented to JCPS DGs in March 2013 Green Paper endorsed by Cabinet for comment in May 2013 Green Paper gazetted in June 2013 Green Paper presented to Portfolio Committee in July 2013 Public consultation process from June – October 2013 Draft White Paper finalised in February 2014 Draft presented to JCPS DGs in June 2014

Process overview Draft presented to JCPS Development Committee in September & October 2014 Draft White Paper presented to JCPS DGs in November 2014 Presented to JCPS Cabinet Committee in February 2015 Adopted by Cabinet for comment in February 2015 Gazetted and advertised in 5 newspapers in March 2015 for 6 weeks Input public comments into the draft Presented to Portfolio Committee on Police in April, August and November 2015 Presented to JCPS Cabinet Committee in February 2016 Adopted by Cabinet in April 2016 Presented to NCOP in November 2016

Overview of public submissions Single Police Service Implication of integration of MPS into the SAPS may lead to increased levels of crime and lawlessness in municipal spaces Law enforcement with regard to by-laws will be impaired Need to clearly define what is meant/intended by a Single Police Service – that there will be no incorporation of MPS personnel into the SAPS The MPS and Traffic Police should be placed under the command and control of the National Commissioner as a force multiplier Information sharing Regular release of crime statistics

Overview of public submissions Demilitarisation Changing the rank structure will have a negative impact on morale and discipline Must be defined and contextualised within the current challenges – paper must explain how demilitarisation will address these challenges Process must be clearly spelt out Integrity and Corruption Paper must provide an integrated approach towards addressing the good governance and accountability of the police Paper must deal with the issue of police corruption – provide specific steps/approaches for promoting and enhancing integrity

Overview of public submissions White Paper must incorporate the anti-corruption strategies envisaged in Chapter 14 of the NDP White Paper needs to ensure that the internal inspectorate has clear and defined rules of engagement and operation The paper must emphasise that the Inspectorate must be capacitated to conduct regular unannounced inspections and that only officers of the highest ethical standards and expertise are deployed to this component Community-centred Policing The concept must be defined and the policy must articulate how this is to be achieved White Paper must clearly articulate the role of Community Police Forums

Overview of public submissions Use of Force Policy should reflect on the nature and extent of police use of excessive force and firearm use, and provide a policy framework for a right-based use of force policy White Paper should provide: policy direction on the regulation of the use of force by the police A framework for the proportionate use of force Promote accountability measures when excessive force is used The Policy should propose a policy framework for strengthening the authority provided to police for use of their firearms – limit such use to specific situations that are consistent with the law, policy standing orders

White Paper Outline Introduction An approach to policing Building a professional police service A framework for a professional police service Institutional arrangements Conclusion

Introduction The 2016 White Paper on Policing stems from a review of the 1998 White Paper on Safety and Security Review process was informed by the need to assess progress in implementing the key objectives of the 1998 White Paper: A multi-layered approach to ensuring safety and security Transformation of policing in line with the Constitution Further recognised that the past two decades have noted significant shifts in the policing environment such as the increase in technology-based crime and the growing sophistication amongst international criminal networks, which necessitated a review of our policies and legislation

Introduction The White Paper on Policing provides a policy framework for achieving the policing vision contained in the National Development Plan; emphasising the need to (1) professionalise the SAPS, (2) demilitarise the police, (3) build safety using an integrated approach and (4) strengthen community participation in safety Strategic shifts: It separates the police focused policy from a broader policy on safety and security (2016 White Paper on Safety and Security) Places emphasis on the core areas of policing and law enforcement – SAPS and Metro Police

An approach to policing 21st century policing requires a ‘professional, well-resourced and highly skilled police service’ (NDP) Demilitarisation of the police service should return policing to the ideals of the Constitution and in line with the recommendation of the NDP A demilitarised police service must display a firm commitment to carrying out its constitutional mandate and embracing a human rights culture A civilian police service must be responsive to diverse communities and display an approach to policing that is fair, transparent and accountable

An approach to policing Emphasis must be placed on ensuring the proper control and management of firearms as a key driver of violent crime South Africa must adopt an holistic approach to rooting illegal firearms while recognising the potential of legal firearms becoming a source for criminal activity Community-centered policing, which: Builds sustained community support and participation Is responsive to the vulnerabilities and policing needs of all at local level

An approach to policing Special emphasis must be placed on identifying and eradicating barriers to the reporting of sexual abuse and domestic violence Police leadership and management must ensure that barriers are systematically addressed to ensure a complete response to all victims of sexual abuse and domestic violence An active citizenry is vital for sustainable safety delivery – need for regular communication and information-sharing between the SAPS and Community Police Forums

An approach to policing Accountability is essential, and police conduct must be subject to regular, independent review and oversight – aimed at building legitimacy and trust Organisational culture must instill the type of mindset needed for delivering citizen-centered policing The ability of the police to effectively maintain public order necessitates a shift in approach to maintaining and restoring public order Giving effect to this ‘changed’ mandate will require that the police be properly structured, trained and capacitated

Building a professional police service Policing must be based on high standards of integrity – knowledgeable about the law and understand the duty to serve Effectively dealing with and rooting out corruption is a key element of building a professional police service Rooting out corruption requires a coherent organisational response based on an enhanced capacity to investigate corruption Disciplinary matters must be dealt with timeously with an emphasis on appropriate sanctions being meted out Leadership and management must implement a multifaceted approach to integrity management

Building a professional police service The development of professional policing will be best supported through the establishment of a National Police Board – set objective criteria for recruitment, selection and appointment A two-stream system of recruitment must also be considered as a means of ensuring the enlistment of high calibre police officers Selection and recruitment of the National Commissioner and Deputies must take place against objective criteria determined through a presidential appointment process

Building a professional police service A professional police service must reflect the diversity of the South African context and have the necessary skills, knowledge and sensitivities to police communities with their own unique policing challenges Regular exchange of, and access to quality and timely information forms the basis of joint problem identification and problem solving for sustainable safety delivery and allows communities to play a more active role in resolving local policing challenges

Building a professional police service 21st century policing must be modernised, information driven and analytically sound. Systems and processes created for generating and sharing information must integrate seamlessly with CJS systems (e.g. e-docket and case management systems) Capacity development is essential: A new philosophy of policing requires transformed curricula and teaching methodologies; a culture of continuous training and learning must also be built Regulatory enablers for professional policing include effective communication of Standard Operating Procedures and National Instructions, and an uncompromised adherence to a professional Code of Conduct and code of ethics

A framework for a professional police service Attaining the goals of Vision 2030 requires optimal coordination and alignment across the three spheres of government – best achieved through a single national police service. The objective remains to maximise capacity and resources for effective, accountable and democratic policing This model of integrated policing does not advocate the wholesale integration of MPS into the SAPS

A framework for a professional police service 21st century professional policing requires specialisation in the following: A crime detection capacity supported by dedicated crime and intelligence analysis - must allow for proper collection, collation and presentation of evidence to secure the prosecution of offenders A dedicated capacity to identify, counter and deal with selected organised and transnational crime and corruption within the Detective Service and the DPCI A dedicated capability to provide quality crime analysis and analytical products that will support an intelligence driven approach

Institutional arrangements Institutional architecture across the three spheres of government must allow for developing and overseeing the effective implementation of policing policy The Minister determines, plans and sets national policing policy, priorities and budget – ensures its overall execution The National Commissioner oversees the operational management and control of the police service in line with national policing policy Ensuring effective service delivery requires prudent budgeting, financial management and the proper control of police resources

Institutional arrangements Civilian Secretariat for Police Service (CSPS) provides strategic policy advice to the Minister Develops legislation to give effect to policing policies and approaches Exercises civilian oversight over the police Implements, promotes and aligns the operations of the Secretariat at national and provincial spheres of government Ensures the effective mobilisation of role-players and stakeholders to strengthen service delivery IPID is responsible for monitoring the conduct and actions of the SAPS and MPS

Institutional arrangements The institutional architecture must continue to provide the necessary means for determining high level policing policy while providing for critical checks and balances In this way service delivery is enhanced through the appropriate demarcation of political decision making and operational command The National Commissioner remains accountable for the performance, management and expenditure of the SAPS operational budget; reporting directly to the Minister on police operations The Civilian Secretariat for Police Service will through the Secretary of Police provide support to the Minister of Police in terms of the proper management of the budget for the Department of Police The CSPS will further monitor the allocation and expenditure of the budget in support of the Minister’s policy priorities

Implementation framework The Civilian Secretariat has contracted the Government Technical Advisory Centre (GTAC) to assist in developing and implementation framework Requested Acting National Commissioner to nominate members to form part of the development of the implementation plan The starting point is to unpack and clarify the shift in terms of the expanded role/mandate of the Civilian Secretariat as per the new roles and functions in the White Paper Other considerations include Implications of the White Paper both functionally and financially Implementation framework will follow a phased approach

Submissions received African Policing Civilian Oversight Forum (APCOF) Institute for Security Studies (ISS) Legal Resources Centre (LRC) Gun Free South Africa Helen Suzman Foundation Hermanus Community Police Forum Mossel Bay Municipality Civil Society Prison Reform Initiative Barry J McGurk – Consultant Forensic and Occupational Psychologist John Sutherland – private Gawie Botha – Regional Inspector, Law Enforcement Services (City of Cape Town)

Submissions received Sex Workers Education & Advocacy Taskforce (SWEAT) Sisonke CSIR Sgt. Greg Dodgen – Brooklyn SAPS John Cartwright – Independent consultant Corruption Watch Maj. Gen T Geldenhuys SALGA UNISA City of Cape Town Independent Municipal and Allied Trade Union (IMATU)

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