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STATUS OF IMPLEMENTATION OF NATIONAL DEVELOPMENT PLAN: VISION 2030
CIVILIAN SECRETARIAT FOR POLICE SERVICE
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11/4/2019
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INTRODUCTION The Minister: responsible Cabinet Member who directs, guides and supervises, and determines policy, doctrine, posture and standards. Oversees police performance, operations and compliance The Secretariat: drafts policies as directed by the Minister; provides credible research, policy reviews and impact studies, and is a department dedicated to providing the Minister with informed and considered advice and capacity to oversee the police The SAPS is directly accountable to the Minister as it delivers on its legislative mandate by IMPLEMENTING policy and Ministerial direction in accordance with agreed regulations, SOPS, NI and articulated operational values
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INTRODUCTION SAPS: Secretariat: Essential public service
SAPS responsible for delivering safety and security and for public image and perceptions, of its performance and compliance and of the integrity and credibility of the institution Leads on policy, information and knowledge management, training and readiness, and international and local relations Secretariat: Essential relationship with SAPS Professional capacity and capability SAPS: Essential public service Custodians of specific policies Accounts to a public authority While the Secretariat oversees, monitors and seeks to correct policy implementation and performance, it also has the concomitant responsibility to co-manage the image, integrity and acceptance of the police. There is an essential and legislated relationship between SAPS and the CSP. In delivery safety and security to all The leadership of SAPS in turn are directly responsible for the performance and compliance or not, of the police. They together with the rest of the Department of Police are responsible for the image, acceptance and integrity of the institution.
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Determines doctrine, posture, standards and operational values
INTRODUCTION Progressive policy and legislative regime that informs appropriate National Instructions (NI) and SOPs The CSP provides the following to the SAPS as part of the Department of Police Monitor, evaluate, guide and learn from policy implementation and impact Credible evidence-based research that informs and directs decision making Establishes, nurtures and maintains partnerships with stakeholders, role-players and critical institutions both private and public Determines personnel and service readiness and strength, and training, ongoing education and specialist capacity As part of the Department of Police the Secretariat works to ensure that the citizens of the Republic has the police service they deserve. In pursuance of this goal, the Secretariat provides progressive policy drafts for the Minister’s consideration and adoption; monitors and evaluates policy implementation and police operations and the impact of both; undertakes credible comparative research that informs, directs and provides the Minister with a decisive decisional advantage, and establishes, nurtures and maintains partnerships with both public and private stakeholders. Additionally, it is incumbent on the Secretariat under the leadership of the Minister of Police to determine and cultivate the doctrine, posture and standards for the SAPS complete with ensuring acceptance of the Constitutional and operational values underpinning said. Furthermore, the Secretariat determines and directs personnel and service readiness and strength, and the necessary training, ongoing education and specialist capacity the SAPS need as an essential public service department. Determines doctrine, posture, standards and operational values Working to ensure that the citizens of RSA has the police service they deserve
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NDP RECOMMENDATIONS The NDP calls for a modernised, transformed and efficient criminal justice system, and a professional and highly skilled police service The NDP sets five priorities relevant to the CSPS & SAPS: Strengthen the criminal justice system; Make the police service professional; Demilitarise the police; Build safety using an integrated approach; and Build community participation in safety Additional recommendation of the NDP include the following: National Policing Board & two streams recruitment
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IMPLEMENTING THE NDP RECOMMENDATIONS
The CSPS has already commenced with the implementation of the recommendations of the NDP which is evident in policies, research, M&E reports, & the Departments Strategic Plan At high macro level, the White Papers adopted in implement the NDP 2016 White Paper on Policing is about a vision for the police - that South Africa enjoys a police service that commands respect and that is committed to ensuring that all people feel safe and secure
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IMPLEMENTING THE NDP RECOMMENDATIONS
The White Paper goes to the heart of the type of police we want, the organisation we want, and how we will achieve this It is about entrenching the principles of democratic policing (people & community oriented & work within a human rights culture) It is about reaffirming the principles of good governance & ensuring that the police are organised and structured to deliver on their Constitutional mandate The 21st century police will be professional, well-resourced and highly skilled, and is able to operate in a digital era
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IMPLEMENTING THE NDP RECOMMENDATIONS
21st century policing must be modernised, information driven and analytically sound Systems and processes created for generating and sharing information must integrate seamlessly with the CJS systems (e.g. e-docket and case management systems) 21st century professional policing requires specialisation with: A crime detection capacity supported by dedicated crime and intelligence analysis, to allow for proper collection and presentation of evidence to secure prosecution of offenders
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IMPLEMENTING THE NDP RECOMMENDATIONS
A dedicated capacity to identify, counter and deal with selected organised and transnational crime and corruption A dedicated capability to provide quality crime analysis and analytical products that will allow for an intelligence driven approach to the detection and deterring of crime
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IMPLEMENTING THE NDP RECOMMENDATIONS
2016 White Paper on Safety & Security seeks to promote an integrated approach to safety and security, and to facilitate the objectives outlined in the NDP in terms of building safer communities The primary objective of the policy is to provide an overarching framework for safety, crime and violence prevention in order to facilitate synergy and alignment of other Government policies on safety and security It takes on a whole of Government & whole of society approach
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IMPLEMENTING THE NDP RECOMMENDATIONS
Implementation plans are being developed for both the White Papers The above two macro policies encompass all the elements of the NDP The NDP and White Papers recommendations find expression in the following reports:
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DEMILITARISATION OF SAPS (POP & TRT)
The demilitarisation of SAPS is at a research & recommendation phase and is conducted in stages In the year 2016/17, a study was conducted to assess whether Public Order Policing (POP) and Tactical Response Teams (TRT) are demilitarised or not, and if so, to what extent The findings showed that specialised units can be paramilitary in nature, as they rely on rank structure for command and control, their members wear the same uniform, they have access to substantial weaponry, and are all working towards a common purpose However the Constitution requires the police service to adopt a democratic policing posture that is community-centric 11/4/2019
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DEMILITARISATION OF SAPS (POP & TRT)
Acceptable thresholds of democratic policing must cater for the police’s operational demands with regards to medium to high risk policing operations. The creation and use of specialized units must be controlled and regulated. The findings further found that TRT are being normalised into general policing and have been required to provide tactical support to POP in crowd situations The levels of training provided to TRT, as well as the issuing and use of specialised tactical equipment to address medium to high risk threats does not lend itself to either general policing or crowd management or restoring 11/4/2019
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DEMILITARISATION OF SAPS (POP & TRT)
The study also demonstrated that POP has progressively moved away from crowd management towards crowd control Evidence of this lies in the continued challenges in poor command and control, minimal resources provided to carry out the mandate, and an inability to apply the prescripts related to negotiation with and management of crowds 11/4/2019
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DEMILITARISATION OF SAPS (VISPOL)
In 2017/18, research is being conducted to explore the extent of SAPS militarisation/demilitarisation at police stations The objectives of the study are to: Analyse the SAPS transformation history in relation to demilitarisation and remilitarisation; Determine the elements of policing that contribute to SAPS militarisation; Determine if SAPS VISPOL is complying with legislative framework governing policing in South Africa; and Analyse progress made regarding SAPS VISPOL demilitarisation 11/4/2019
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DEMILITARISATION OF SAPS (VISPOL)
Commissioners Deputy National Commissioner: Policing Provincial Commissioner: Policing Deputy Provincial Commissioner: Policing Cluster Offices Cluster Commander Vispol Coordinator Police Stations Station Commander Deputy Station Commander Vispol Section Commander Total sample size 105 police stations located in Rural. Urban and mixed areas; 342 respondents [10% of a total of (N)] and 35 clusters [20% of 176 (N)].
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STATE OF POLICING RESEARCH
In 2017/18, a state of policing study is being conducted to assess the state of policing in a democratic South Africa; and to provide mechanisms towards an ideal police Key areas of focus emanate from the Constitutional framework and entail analysis into: (i) preventing, combating and investigating of crime (ii) maintenance of public order (iii) protecting and securing citizens and their property (iv) upholding and enforcing the law 11/4/2019
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NATIONAL POLICING BOARD
A discussion document on the establishment of a National Policing Board has been compiled The NDP clearly articulates the need for a ‘multi-sectoral’ and ‘multidisciplinary’ National Policing Board to set standards for recruiting, selecting, appointing and promoting police officials and officers; develop a code of ethics; and to analyse the professional standing of policing, based on international norms and standards Specific to appointing the National Commissioner and his deputies
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NATIONAL POLICING BOARD
Chapter 12 of the NDP outlines the critical levers required to build safer communities It also outlines targeted actions in 5 areas required to achieve Vision 2030 in relation to safety and security, amongst which includes the professionalisation of the Police Service The NDP recommends professionalising the police by enforcing the code of conduct and a police code of ethics, appointing highly trained / skilled personnel, and establishing a body to set and regulate standards
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RATIONALE FOR THE NATIONAL POLICING BOARD
NDP White Paper on Safety & Security White Paper on Policing
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KEY BENEFITS OF A NATIONAL POLICING BOARD
Key to implementing the White Paper on Policing, as part of the broader framework to build a professional Police Service Facilitate significant strides in implementing a Single Police Service model, by creating a uniform system of policing through the development of norms and standards on a number of key issues Advance the policy objectives of the White Paper on Safety and Security in terms of facilitating synergy and alignment of safety (and by extension, policing) approaches, and providing for multi-scalar, integrated responses to policing challenges
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FUNCTIONS OF THE NATIONAL POLICING BOARD
Standard-setting Development of a set of professional standards with supporting criteria to guide recruitment, selection, appointment and promotion of officers Development of a ‘two-stream’ system to create a high calibre of officers and recruits capable of being trained for effective policing Key role in selection panel to appoint National Commissioner and Deputies Ethical framework Development of a professional code of ethics, prescribed through regulations Development of department and function-specific codes of conduct , institutionalised through HRM and performance management systems Bench-marking Conduct research on internationally accepted practices relating to democratic, professional policing Development of a framework (outlining norms, core standards and indicators) against which to conduct regular assessments on the professional standing of the Police Service Administrative review Conduct regular reviews to ensure adherence to code of ethics; assess and analyse instances of non-compliance / violations; propose corrective action and / or enforcement mechanisms Ensure that the application of administrative law is consistent with the standards and ethics that the Board puts in place to govern policing
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COMPOSITION OF THE BOARD
Multi-sectoral and multidisciplinary team comprising of the following expertise: Expertise in criminal law; human rights; labour relations; governance; financial management Representatives from within the Police Service with relevant experience Representatives from academia and civil society Representatives from organised labour Representatives from already existing oversight bodies in the sector (e.g. CSPS, IPID, etc.)
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ESTABLISHMENT OF THE BOARD OPTION 1: STAND-ALONE BOARD
APPROACH CONTINUITY OPERATIONAL RESPONSIBILITY ROLE OF CSPS Stand-Alone Board A board established in terms of an Act of Parliament, or amendments to the CSPS Act 2011 A separate Act of Parliament does imply that, once established, there will be continuity and a level of permanence to this structure. A stand-alone board would function as a legal entity that is able to set its own strategic direction; appoint its own secretariat to provide administrative support and make referrals; and determine its own governance rules and procedures in accordance with the enabling legislation The Secretary for Police Service would sit on the board, or delegate a senior official to sit on the board as a representative of the CSPS APPROACH CONTINUITY OPERATIONAL RESPONSIBILITY ROLE OF CSPS Stand-Alone Board A board established in terms of an Act of Parliament, or amendments to the CSPS Act 2011 A separate Act of Parliament does imply that, once established, there will be continuity and a level of permanence to this structure. A stand-alone board would function as a legal entity that is able to set its own strategic direction; appoint its own secretariat to provide administrative support and make referrals; and determine its own governance rules and procedures in accordance with the enabling legislation The Secretary for Police Service would sit on the board, or delegate a senior official to sit on the board as a representative of the CSPS
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ESTABLISHMENT OF THE BOARD
OPTION 2: EXTENSION OF CSPS APPROACH CONTINUITY OPERATIONAL RESPONSIBILITY ROLE OF CSPS Business Unit within CSPS A branch / business unit within CSPS, established in terms of the CSPS Act 2011 This option does allow for a degree of continuity The structure would operate as an additional branch within the CSPS, with different business units in line with the core functions of the NPB. The strategic direction would be set by CSPS management, as a collective The Secretary for Police Service would continue as the Accounting Officer of the CSPS, and would provide leadership and direction to the board.
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LEGISLATIVE STEPS TO IMPLEMENT THE NDP RECOMMENDATIONS
It will be necessary to provide for legislated structures with appropriate functions and responsibilities in order to contribute to a professional and demilitarised police service. The review of the South African Police Service Act involves─ Providing for statutory basis for the National Policing Board. Providing for Single Police Service, within the Constitutional framework. Strengthening the legal framework relating to Community Police Forums and Community Safety Forums. Enhancing the legal framework for the Public Order Police and related structures in accordance with the Constitution and international norms and standards 11/4/2019
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UPDATE ON PROCESS The draft document is being utilised to facilitate discussions with key stakeholders, including, amongst others: Civilian Secretariat for Police Service (CSPS) Management; Provincial Secretariats; Justice, Crime Prevention and Security (JCPS) cluster; Advisors to the Minister of Police; Governance and Administration (G&A) cluster; and SAPS. The first round of consultations on the draft discussion document were completed in March 2017 The next round of consultations is currently underway, will be used to guide the finalisation of policy guidelines for the establishment of the National Policing Board 11/4/2019
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THE END Thank you! 11/4/2019
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