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REPORT ON THE INVESTIGATION INTO WESTERN CAPE SAPS PERSONNEL PRACTICES AND SHORTAGES
AUGUST 2018
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TABLE OF CONTENTS Introduction The Request from WC
Resource Allocation methodology National Treasury Guidelines on COE Limitation of the investigation Findings Recommendations 2
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THE PSC VISION AND MISSION
INTRODUCTION THE PSC VISION AND MISSION Vision A champion of public service excellence in democratic governance in South Africa Mission To promote the constitutionally enshrined democratic values and principles throughout the public service by- Investigating, monitoring, evaluating the organisation and administration, and personnel practices Proposing measures to ensure the effective and efficient performance Issuing directions with regard to personnel procedures relating to the recruitment, transfers, promotions and dismissals Advising on personnel practices; and Reporting on its activities 3
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MANDATE OF PSC Section 196 (4)
The powers and functions of the PSC are – “a) to promote the values and principles set out in section 195, throughout the public service b) to investigate, monitor and evaluate the organisation and administration, and the personnel practices, of the public service; c) to propose measures to ensure effective and efficient performance within the public service; d) to give directions aimed at ensuring that personnel procedures relating to recruitment, transfers, promotions and dismissals comply with the values and principles set out in section 195; to report in respect of its activities and the performance of its functions, including any finding it may make and directions and advice it may give, and to provide an evaluation of the extent to which the values and principles set out in section 195 are complied with; and 4
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MANDATE Cont. f) either of its own accord or on receipt of any complaint- (i) to investigate and evaluate the application of personnel and public administration practices and to report to the relevant executive authority and legislature; (ii) to investigate grievances of employees in the public service concerning official acts or omission, and recommend appropriate remedies;. (iii) to monitor and investigate adherence to applicable procedures in the public service; and (iv) to advise national and provincial organs of state regarding personnel practices in the public service, including those relating to the recruitment, appointment, transfer, discharge and other aspects of the careers of employees in the public service”. 5
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REQUEST FOR INVESTIGATION
The PSC received a written request from the Chairperson of the Standing Committee on Community Safety, Western Cape Provincial Parliament to investigate the under- resourcing of human resources of SAPS within the Western Cape Province. The request indicated that the Standing Committee embarked on a series of public hearings and made concerning findings as reflected below: There was a shortage of 1012 Police Officers in WC in 2013 128 Police stations were understaffed In 2014 there were 2392 vacancies in the WC The SAPS recruitment is insufficient to meet the replacement levels The police to population ratio of the Cape Town Metropolitan area is significantly below the national average. 21 Police Stations have less than 1 officer for every 500 residents in high crime communities. Under resourcing affects moral and health of personnel negatively Lack of visible policing officers leave the health care workers exposed to potentially volatile gang activity. 6
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SAPS RESPONSE ON THE CONCERNS RAISED BY THE STANDING COMMITTEE
The Committee invited the SAPS National Commissioner to brief them on the steps that would be taken to remedy the situation. The Committee was informed of the following: The fixed establishment has decreased from posts in 2013 to in 2017/ 18. There would be further decreases in the number of posts nationally from to post by 2019/ 20. SAPS was in the process of engaging with the National Treasury in an effort to ensure that the budget allocation is maintained over the Medium Term. The police resourcing shortages experienced by the WC was not unique to the Western Cape Province SAPS was making efforts to rationalize and streamline the current staffing levels, potentially creating additional funded posts for distribution to the needy areas at the police stations. 7
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THE SAPS PERSONNEL RESOURCING METHODOLOGY
THEORETICAL HUMAN RESOURCE REQUIREMENT METHODOLOGY(THRR) This determination does not take into account available resources. It simply asks how many policeman and policewomen will be needed to perform all the tasks that each station is required to perform. The THRR is technology based model for determining the minimum number and level of posts for police stations given the minimum standards and allocates resources on a racially neutral basis. The determination is calculated at the national level and is largely indented: determine the allocation of resource in the provinces; and Provide a guide to provincial Commissioner on how to distribute their resources. It was not meant to be an absolute determination of the distribution of the resources, which would remain in the provincial Commissioner’s discretion based priorities. The THRR is based on a complex formula that considers a wide range of variable, including: population size, prevalence of all types crimes, the type of station, the size of the area, THE SAPS PERSONNEL RESOURCING METHODOLOGY 8
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THE SAPS PERSONNEL RESOURCING METHODOLOGY
Other considerations through this method: The number of detectives is based on the number of reported crimes and an assessment of how long a detective will need to properly investigate each type of crime. Visible policing is determined primarily by reported crime rates and population. Post is provided for every 20 contact crimes, and for every 5000 people. That number is then adjusted by considering environmental factors including informal housing. The number of police required to staff a Community Service Centre 9
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THE SAPS PERSONNEL RESOURCING METHODOLOGY
The determination of the THRR depends on information supplied by each province to the national office in Pretoria. Whilst the National SAPS determines the number of posts that each station will in fact receive, the Provincial Commissioners are meant to distribute the allocated resources amongst the stations to give effect to their province’s priorities. However, the Provincial Commissioners powers are limited in that – the command structure created by the THRR is of a generic, fixed nature and any allocation which deviates from this overall structure would constitutes irregular expenditure; It is not possible to fund a police station at a higher level than its grading in terms of the THRR; and The THRR grading of posts and span of control cannot be exceeded. 10
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THE NATIONAL TREASURY ‘S GUIDELINES FOR COSTING AND BUDGETING OF COMPENSATION OF EMPLOYEES
All departments are expected to adhere to the set Compensation of Employee baseline ceilings approved by Cabinet on the 13 January 2016. The COE baseline budget was reduced by R10 billion in 2017/ 18 and R15 billion in the 2018/ 19FY. The reduction was spread across all national and provincial departments, with a larger reduction made to National votes. The expenditure analysis of SAPS as set out in the Appropriation Bill indicates that 77.4% (R229 billion) of SAPS budget over the MTEF period was allocated to the COE. To remain within government ‘s COE ceiling, SAPS planned to reduce the funded establishment from to posts. The reduction would target funded, non- critical posts. 11
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THE LIMITATION OF THE INVESTIGATION
Availability of information from SAPS was a challenge. The Annual Report of SAPS provided general programme information, including allocation of resources. Efforts were made to obtain information from the Western Cape Provincial SAPS Commissioner regarding the methodology followed in the WC in the allocation of resources based on the fixed establishment. There was no response in that regard. The PSC relied on other research reports/ literature on the same matter, for example: Calculation of Human Resource Requirements Clusters, Police Stations, Satellite Police Stations and Contact Points (Resource Allocation Guide) PSC ‘s Consolidated Report of Inspection of Detective Service: Dept. of Police, September 2011. Report on the Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relation between SAPS and The Community Of Khayelitsha, August 2014. 12
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FINDINGS A gap exist regarding number of funded posts on the fixed establishment and the number of post determined by THRR; Out of posts approved on the establishment, only were filled as at 31 March 2015. On the other hand, the current reality is that the financial constraints within the country, have an adverse effect on the whole of the public service. Departments are expected to adhere to the set compensation baseline ceilings approved by cabinet on 13 January 2016
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RECOMMENDATIONS Section 207 (4) and (5) of the Constitution, 1996, read with section 12 of the SAPS Act, 1995, the Provincial Commissioner: Western Cape should draft a plan for presentation to the Portfolio Committee on the equitable allocation of resources within the province in line with the allocated budget and the approved establishment; The plan should be submitted to the National Commissioner in terms of the provisions of section 207(5) of the Constitution, 1996; Vacant funded posts that are critical and are not earmarked to be abolished, should be filled within a period of six months from the date of receipt of this report.
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RECOMMENDATIONS The National Commissioner should monitor and evaluate the implementation of the Provincial Commissioner’s resource allocation plan in order to ensure compliance with the provisions of section 207 (4) and (5) of the Constitution, 1996, read with section 12 of the SAPS Act; and Feedback on the monitoring and evaluation of the implementation of the Provincial Commissioner’s plan, should be provided to the Portfolio Committee on a six-monthly basis by the National Commissioner.
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PSC Website: www.psc.gov.za
National Anti-Corruption Hotline for the Public Service: 46
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