BRIEFING TO THE PORTFOLIO COMMITTEES FOR SAFETY AND SECURITY AND JUSTICE AND CONSTITUTIONAL DEVELOPMENT SOUTH AFRICAN POLICE SERVICE AMENDMENT BILL, AUGUST 2008 ESTABLISMENT OF THE DIRECTORATE FOR PRIORITY CRIME INVESTIGATION

BACKGROUND  Khampepe Commission of Inquiry into DSO.  State of the Nation Address and debate.  National Security Council.  JCPS Ministers’ Media Briefing.  Review of the Criminal Justice System

KHAMPEPE COMMISSION OF INQUIRY  Lack of coordinated relationships between the DSO, and the South African Police Service and the intelligence structures.  Lack of oversight over DSO by the ICD in respect of law enforcement functions.  Lack of oversight by the Inspector-General of Intelligence in respect of intelligence activities.  Non-compliance with the vetting procedures.  Liaisons by the DSO with foreign intelligence structures.  Alleged leaking of information to the media.  DSO had established crime intelligence gathering capabilities outside its mandate.  Disjunction in political accountability and oversight.

STATE OF THE NATION DEBATE  President announced the legislation now before Parliament and emphasized:  What will continue to inform us as we take this step will be the absolute commitment of government to fight organised crime and improve the management, efficiency and co- ordination of our law-enforcement agencies.  Of great importance, our success in the fight against crime depends on co-operation among all of us as law-abiding citizens, inspired by the principles of rule of law, respect for our judiciary and pursuit of equal human rights, which our Constitution enjoins us to observe in our daily lives and pronouncements.

FRAMEWORK  DSO investigative capacity to be relocated to SAPS.  New organised and priority crime combating capacity to be established.  New capacity to consist of selected members of SAPS and selected members of DSO.

PROPOSALS IN BILL  Bill proposes establishment of the Directorate for Priority Crime Investigation.  DPCI to consist of selected members of DSO, SAPS Commercial Crime, Organised Crime Component and other selected SAPS members  Members of DPCI need to be vetted in accordance with the National Strategic Intelligence Act, 1994  Head of the DPCI appointed by National Commissioner of SAPS  Identity document to be issued to members  Minister may establish a forum to promote cooperation with and coordination of functions of the DPCI and that of other Governmental and public institutions

PROPOSALS IN BILL  Bill provides for powers similar to that of the DSO/Investigating Directorates in the National Prosecuting Authority Act, for the DPCI and Crime Intelligence Division, in respect of section 16 (SAPS Act) offences (organised crime and crimes requiring special skills).  Persons summonsed in terms of this provision need not answer incriminating questions.  Powers to the Head of the DPCI/Crime Intelligence Division or a delegate-Director or above.  This is in line with the recommendations of the Khampepe Commission of Inquiry that SAPS investigators performing similar functions as the DSO should be endowed with the same powers.

PROPOSALS IN BILL  Budget for DPCI defrayed from monies appropriated by Parliament: National Commissioner of SAPS: accounting officer.

PROPOSALS IN BILL: TRANSITION  From specified date all powers and functions of DSO investigators exercised under control of National Commissioner  All investigators of DSO become members of SAPS on specified date, with retention of conditions of service.  DSO investigators placed with DPCI, opportunity for Intelligence related personnel of DSO to be placed in Crime Intelligence.  DSO personnel who do not want to relocate to SAPS must indicate so before specified date. Retain right to resign, if so want.

PROPOSALS IN BILL: TRANSITION  Bill guarantees the continued validity of investigations of the DSO.  Bill provides for the transfer in terms of the PFMA Act of all budgets and assets of the DSO on the specified date to the SAPS

OTHER ISSUES  Read the Bill in conjunction with the NPA Amendment Bill, 2008, which deletes all references to DSO.  NPA Amendment Bill dealt by Dept of Justice & CD in Justice Portfolio Committee.  Important that there be an audit of personnel, budget, assets, liabilities of DSO concurrent with legislative process.

FINANCIAL IMPLICATIONS OF BILL  Costs, for example, cost in respect of data transfer and integration and personnel related costs, cannot be determined at present: underlines need for audits.

MIGRATION PROCESS Steering Committee, supported by Communications and Change Management support teams, and joint task teams to audit and manage -  Cases and investigations.  Contracts and agreements.  Info and Communications Technology.  Policies and Procedures.  Personnel.  Physical Assets.  Finance and Budget.

Thank you  Assistant Commissioner PC Jacobs  Head: Legal Support: Crime Operations