1. PRESENTATION ON POLICIES AND LEGISLATION
CIVILIAN SECRETARIAT FOR POLICE SERVICE
PRESENTATION ON POLICIES AND LEGISLATION
SELECT COMMITTEE ON SECURITY AND JUSTICE
2 NOVEMBER 2016

2. BACKGROUND ON THE CIVILIAN SECRETARIAT FOR POLICE SERVICE
The Civilian Secretariat for Police Service is established under section 208 of the Constitution and its functions are provided for in the Civilian Secretariat for Police Service Act, 2011.
The Civilian Secretariat’s key objects are to, amongst others –
Exercise civilian oversight over the police service;
Give strategic advice to the Minister in respect of developing and implementing policies;
Implement, promote and align the operations of the Civilian Secretariat in the national and provincial spheres of government;
Promote the functions and powers of the Civilian Secretariat in the national and provincial spheres of government.

3. BACKGROUND ON THE CIVILIAN SECRETARIAT FOR POLICE SERVICE (contd.)
The Civilian Secretariat has, amongst others, the following key functions and responsibilities in order for it to achieve its objects -
conduct research into any policing matter and report to the Secretary;
provide policy advice to the Minister, through the Secretary;
Make available recent, relevant and evidence-based research to the Minister and to Parliament;
Conduct quality assessment of SAPS and monitor and evaluate its performance;
Review police practices and develop best practice models’
Recommend steps for improved service delivery and police effectiveness;
Develop frameworks for improved police accountability;
Facilitate and implement inter-governmental co-operation on safety;
Encourage national dialogue on safety and crime-prevention
Mobilise role-players, stakeholders and partners outside the department through engagements on crime prevention and other policing matters, and
Provide other support services to the Minister in pursuit of achieving his/her mandate

4. 2016 WHITE PAPER ON POLICNG

5. 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

6. 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 Municipal Police

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 2016 WHITE PAPER ON SAFETY AND SECURITY

19. Background
2016 White Paper on Safety and Security emanates from a review of the1998 White Paper on Safety & Security
The review process culminated in the development of two distinct policy frameworks:
2016 White Paper on Policing – focusing on the core elements of policing
2016 White Paper on Safety and Security – focusing on an integrated and developmental approach to safety and violence prevention

20. Vision A society where all people: Live in safe environments
Play a role in creating and maintaining a safe environment
Feel safe from crime and violence and conditions that contribute to it
Have equal access and recourse to high quality services when affected by crime and violence

21. Policy Statement
“Safety should be measured by the extent to which the most vulnerable in society feel and are safe from crime [and violence] and the conditions that breed it” (NDP)
The development of a new policy on safety, crime and violence prevention is aimed at promoting an integrated and holistic approach to safety and security, and to provide substance and direction to achieving the NDP’s objectives of ‘Building Safer Communities’

22. Objectives
To provide an overarching policy for an integrated approach to safety and security
To facilitate the creation of a sustainable, well-resourced implementation and oversight mechanisms
To co-ordinate, monitor, evaluate and report on implementation of crime prevention priorities across all sectors

23. An Integrated Approach
The White Paper rests on six key themes:
An Effective Criminal Justice System
Early intervention to prevent crime and violence and promote safety
Victim support
Effective and integrated service delivery for safety, security and violence and crime prevention
Safety through environmental design
Active public and community participation

24. Focus of the White Paper
The focus of this White Paper is to prevent crime and violence, which is a necessary precondition for increasing people's feelings of safety and building safer communities
The White Paper recognises the importance of initiatives that aim to reduce poverty, inequality, and unemployment
The White Paper proposes a 'whole of government' approach which calls for institutional arrangements to facilitate the integrated and multi-sectoral provision of crime and violence prevention services through intergovernmental structures and mechanisms

25. Approach of the White Paper
The approach advocated in the White Paper is premised on:
addressing risk factors – intervening in the individual, family, community and structural domains in order to build resilience
Intersectoral and intergovernmental consultation, cooperation and collaboration for effective and integrated service delivery
effective and integrated planning and implementation by government informed by a sound knowledge base and active community participation
Active citizenry and coordinated partnerships with CPFs, NGOs and business for effective and sustainable strategy development for safety

26. Policy Context
The Community Safety Forum Policy provides a framework for integrated, localised safety planning and co-ordination that is aligned to national and provincial priorities
CSFs based on the premise that increased cooperation and interaction would improve the functioning of the CJS at local level
CSFs are designed to serve as a platform for integration, monitoring and evaluating the implementation of multi-sectoral crime prevention and community safety initiatives aligned to national and provincial priorities
CSFs will facilitate regular safety audits and develop safety strategies and plans

27. Role of National Government
Budget - Ensure the allocation of sufficient budgets towards safety, crime and violence prevention measures
Reporting - Account to Parliament on the spending of budgets and outputs on safety, security and crime and violence prevention
Strategic Framework and Direction - Provide clear and sufficient guidance on planning and budgetary processes
Support – Provide guidance, technical support and capacity building on safety, crime and violence prevention strategies and implementation
COGTA – Facilitate intergovernmental relations at all spheres

28. Role of Provincial Government
Budgets and Resources
Allocate budgets for strategy, plans, programmes and interventions for safety, crime and violence prevention
Mobilise funding and resources for interventions at local level
Provide capacity and support to local government to implement the White Paper
Capacitate and resource the Provincial Directorate for Safety, Crime and Violence Prevention
Account to the provincial legislature for the spending of budgets and outputs for safety, crime and violence prevention
Legislation and Policy
Align provincial legislation and policy with the White Paper

29. Role of Provincial Government
Strategy
Ensure the integration of safety and security outcomes within provincial government and provincial departments’ strategic frameworks
Develop and implement provincial strategies and plans in alignment with the White Paper and relevant national strategies
Ensure alignment of IDP planning and reporting to the White Paper
Intergovernmental cooperation systems
Coordinate the range of provincial competencies including health, education, social development, and local government in implementation of safety, crime and violence prevention programmes
Active public and community participation
Facilitate the establishment of sustainable forums for coordinated, collaborative and on-going community participation

30. Role of Provincial Government
Evidence-based Assessment / Monitoring and Evaluation
Conduct needs assessments at provincial level
Implement the Monitoring and Evaluation Framework at provincial level and ensure implementation and reporting by local government
Conduct provincial baselines
Report to the provincial legislature on implementation and outcomes of the White Paper
Programmes and Interventions
Initiate and coordinate safety, crime and violence prevention programmes and interventions in the province as well as with local government
Ensure integration of provincial and local needs in programmes and interventions

31. Role of Local Government
Local Government will be responsible for among others:
Establishing Community Safety Forums
Conducting community safety audits and adopting community safety plans that address the unique safety needs / challenges of particular municipalities
Developing and implementing local strategies and plans aligned to relevant strategies
Integrating safety and security priorities and outcomes within IDPs
Initiating targeted crime prevention programmes aimed at specific problems and groups at risk
Implementing the Monitoring and Evaluation Framework and reporting to provincial structures

32. Oversight and Monitoring
Department of Planning, Monitoring & Evaluation (DPME) will be responsible for the following:
Establishing a Directorate that will monitor the implementation of the White Paper by line function national departments, provincial and local government
Development of a holistic M & E Framework which will include specific indicators and measures to track progress against the six themes
Coordinate the reporting of national, provincial and local government against the M & Evaluation Framework
Ensure integration of safety and security outcomes within governments strategic framework
Facilitate the development of an integrated data and information management system

33. Implementation Mechanisms
Provincial Government
A Directorate will be established in the Office of the Premier which will be responsible for the following:
Ensuring the implementation of the White Paper at provincial level
Facilitating funding and resourcing of local government implementation mechanisms
Implementing the M & E Framework within the province
Developing a provincial strategy for implementation of the White Paper
Coordinating reporting of provincial and local government against the M & E Framework
Ensuring the integration of safety and security outcomes within provincial governments strategic framework

34. Implementation Mechanisms
Local Government:
Establish a Directorate for safety, crime and violence prevention. (subject to capacity - rollout in Metros and District municipalities).
Develop a local strategy for implementation of the White Paper
Conduct community safety audits and adopt community safety plans that address the needs of particular municipalities
Fundraise for all activities in relation to safety, crime and violence prevention
Implement the M & E Framework at local level and report to provincial structures;
Integrate safety and security outcomes within local government IDPs

35. Technical Support
The implementation of the White Paper will be supported through the provision of technical support provided by a National Safety and Crime and Violence Prevention Centre
National Centre will provide technical expertise, seed funding, research into best practice and evaluation of agreed plans of action that promote community safety
The National Centre will interact with the national, provincial and local implementation mechanisms, the Civilian Secretariat for Police Service at national and provincial spheres as well as Community Safety Forums within the sphere of local government.

36. LEGISLATIVE PROGRAMME

37. ANNUAL PERFORMANCE TARGETS
The following 6 Bills are included in the APPs
The Critical Infrastructure Protection Bill
Firearms Control Amendment Bill
The Animal Movement and Animal Produce Bill
The Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill
The Independent Police Investigative Directorate Amendment Bill
The South African Police Service Amendment Bill

38. BILLS IN PROGRESS FOR INTRODUCTION IN PARLIAMENT IN THE 2016/17 FY
Firearms Control Amendment Bill: The Firearms Control Amendment Bill 2015 was put on hold in July 2015 pending further research on firearms that was requested by the Ministry. The research has been conducted and a Report submitted to the Minister for consideration and approval of the recommendations on further amendments to the Firearms Control Act, The amendments to the Act addresses firearms control in a holistic manner. A Joint Drafting Team is currently drafting the further amendments.
Critical Infrastructure Protection Bill: The Bill seeks to repeal the National Key Points Act. The Bill has been finalised for the Cabinet consideration and approval for introduction in Parliament. The Bill will also be considered by NEDLAC before its introduction in Parliament. The finalisation of the Bill was affected by further consultations within the JCPS Cluster and meetings with an Inter-Ministerial Committee that was recommended by the JCPS Cabinet Committee to refine certain aspects of the Bill. The Bill was also published in the Gazette for public comment and some of the comments were accommodated in the Bill. The Bill is expected to be dealt with by Parliament during the last quarter of the 2016/17 FY

39. BILLS FOR MINISTER’S APPROVAL & CABINET CONSIDERATION IN 2017
Protection of Constitutional Democracy Against Terrorist Related Activities Bill: This Bill has already been drafted. However, the implications of the recent judgment of the Supreme Court of Appeal is being considered and further amendments to the Bill may be necessary. The SCA judgement arose as a result of a challenge on the principal Act by convicted terrorist Henry Okah.
The initial Bill was consulted with relevant departments in this year.
The Bill with any further amendments that address any implications arising from the court challenge by Henry Okah will be dealt with by Parliament in 2017
Animal Movement and Produce Bill: The Bill seeks to repeal the Stock Theft Act. The Bill has been drafted and consultations with external stake-holders in the Provinces that are affected by stock theft is being finalised. This Bill will be introduced in Parliament in 2017

40. BILLS FOR 2018
The Regulation of Gatherings Amendment Act will be drafted to strengthen the principal Act that deals public gatherings.
The recommendations of the Farlam Commission of Inquiry and recent public protests will be considered in the drafting of the amendments

41. Closure
Thank you