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Public Hearings on the Legislation dealing with the Establishment of the DPCI within SAPS

This presentation provides an overview of Business Against Crime South Africa's submission on the legislation for the establishment of the Directorate for Priority Crime Investigation (DPCI) within the South African Police Service (SAPS). It highlights key factors for success and offers recommendations for the way forward. The submission emphasizes the need for functional integration, intelligence-driven investigations, multi-agency task teams, and effective oversight. It also stresses the importance of retaining skills, communicating performance and results, and establishing the DPCI as a strong, independent unit with the necessary resources and legislative backing.

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Public Hearings on the Legislation dealing with the Establishment of the DPCI within SAPS

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  1. Public Hearings on the Legislation dealing with the Establishment of the DPCI within SAPS 5 August 2008

  2. Overview of this Presentation • About Business Against Crime South Africa • BAC SA Reasons for making this submission • What Business Against Crime understands about the DPCI • Key factors for Success • Recommendations by Business Against Crime SA • Way Forward and Conclusions

  3. About Business Against Crime South Africa • BAC SA is a not-for-profit (Section 21) company formed in 1996 following a request by Govt through then-President Mandela • BAC SA has since its establishment, supported Government in the fight against crime • BAC SA represents a large portion of the Business sector, with a Board comprising business leaders from industry, commerce, as well as office bearers from BUSA, BLSA, and the BBWG • BAC SA is funded by the business community, and serves as the conduit through which business support is mobilised to support government • BAC SA has developed a close relationship with government in the fight against crime, built on a foundation of mutual trust and respect

  4. BAC SA Reasons for Making this Submission • Organized crime is evolving and becoming increasingly sophisticated • An effective counter to this threat is therefore critical, at a better level of sophistication - An International problem! • Attractiveness of SA to international crime syndicates increasing the country’s vulnerability (Gateway to Africa, Airports, Ports, Financial Institutions, Telecommunications, etc) • SA & BAC SA experience about what works in the South African context – based on years of working with government, such as the Specialized Commercial Crime Courts and Anti Hijackings initiatives • The Bill does not appear to address key issues required to improve the fight against organized crime in relation to international and local learning.

  5. What BACSA understands about DPCI • Government recognition that Organized Crime needs to be addressed in a comprehensive fashion through DPCI • The DPCI will exclude Prosecutors and people involved in intelligence gathering • DPCI will investigate matters in Sec 16 of SAPS Act which states that all crime must be investigated by the Provincial Commissioners of SAPS • The National Commissioner of SAPS shall have the final say on who investigates any particular matter. • DPCI shall be a Division of SAPS. Head of DPCI shall report to Deputy National Commissioner of SAPS. • Transfer of DSO investigators shall be done without negatively affecting remuneration and conditions of service.

  6. Key Factors for Success • Appropriate enabling legislation guaranteeing multi-agency collaboration, oversight and independence; • Single, suitably mandated, lead agency; • Strong Intelligence driven approach • Core skills of Lead Agency involves the adoption of an Integrated Approach (Intelligence – Investigations – Prosecutions); • Task Teams - Enhanced cooperation across law enforcement agencies and other support departments, (e.g. Revenue Services, Customs & Excise, Home Affairs, SIU, AFU, FIC, etc.)

  7. Key Factors for Success (Continued) • Specialist training, competitive remuneration and adequate resourcing; • A unique brand that gives its members a proud identity and meaning. • Effective communications including publicly declaring performance and results • Unambiguous Support and Defense by the collective Political Leaders • Day to day Oversight and Support by Senior Management and Officials

  8. Recommendations by BACSA • Need for Functional Integration • Intelligence driven Investigations and Prosecutions • Multi-Agency & Multi Dept task teams • Status and Relative Importance of the DPCI • Head of DPCI should be Deputy National Commissioner • Clarity of Scope and Powers • Amend section 16 to sufficiently clarify the scope and powers of the DPCI such that its mandate is totally clear and no confusion.

  9. Specific Suggestions • Effective Oversight • In view of the excessive concentration of too much powers in the hands of the National Commissioner of SAPS, an appropriate oversight body is an absolute necessity • Retention of Skills • Communication of Performance and Results

  10. Way Forward & Conclusion • There should be no tolerance for corruption and organized crime in South Africa • Establish the DPCI to retain the attributes that will ensure success against organized crime • Checklist for a successful design: • Does the new unit have the required status & legislative backing to achieve the mandate? • Does the new unit have the ability to attract and retain the skills necessary? • Will the new be Intelligence driven to respond adequately to growing sophistication of organized crime? • Will it harness the task team approach? – Will it be enabled to draw skills from other law enforcement agencies & departments? • Is its mandate clear and will have the ability to marshal resources required? • Does it enjoy the independence, Capacity and Support to investigate crime & corruption in every echelon of society – particularly at top levels?

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