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Presentation to the Portfolio Committee on Police. 14 April 2015 By African Policing Civilian Oversight Forum. Guiding principles and policy framework. The values, principles, rights and obligations articulated in the Constitution of RSA must inform the country’s approach to policing.
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Presentation to the Portfolio Committee on Police 14 April 2015 By African Policing Civilian Oversight Forum
Guiding principles and policy framework • The values, principles, rights and obligations articulated in the Constitution of RSA must inform the country’s approach to policing. • Transparencyand accountability; promotion of rights including equality, human dignity and freedom and security of the person; are central to the framework for policing in a democratic state. • The Constitution emphasizes the central role of security services with specific mention in Section 199(5): "The security services must act, and must teach and require their members to act, in accordance with the Constitution and the law, including customary international law and international agreements binding on the Republic".
Guiding principles and policy framework • International and regional human rights instruments articulate a rights based approach to policing - providing a legal framework for democratic policing. • In addition, the National Development Plan (NDP) makes clear recommendations for policing in South Africa which, need to be integrated into policy, legislation and applied by SAPS in its strategic planning processes.
Reporting - Enhancing the quality of accountability Reporting frameworks should: • Interrogate implementation: monitoring performance must go beyond percentage reduction targets but examine effectiveness of operational strategies in achieving desired outcomes and the extent to which these comply with legal obligations. • Report on levels of compliance: with legislation and international, continental and regional obligations and benchmarks. • Report on the extent to which the internal policy environment has been aligned to new national policy frameworks (i.e. NDP) and domestic legislation: this requires an interrogation of the internal and institutional environment including national instructions and standing orders, performance management systems which support compliance. • Provide for mechanisms for meaningful partnerships and engagement with civil society and communities.
Enhancing the quality of reporting Recommendation: The Committee should prescribe criteria for reporting to ensure detailed reporting, with appropriate and relevant data, in order that it can discharge its oversight mandate effectively.
Alignment of strategic frameworks and performance plans– NDP Comment: Insufficient detail on how recommendations of the NDP will be implemented by CSP and SAPS: Chapter 12: • Code of conduct in discipline regulations and periodic checks • Code of professional conduct • National police board standards for recruitment selection appointment and promotion • Competency testing • System to develop high calibre police through two tier management and core police Recommendation: SAPS and CSP develop an implementation plan and that this form part of their reporting obligations to the Portfolio Committee.
NDP: National Police Board A national policing board should be established, with multi-sectoral and multidisciplinary expertise. It should set standards for recruiting, selecting, appointing and promoting police officials and police officers. The board should also develop a code of ethics and analyse the professional standing of policing, based on international norms and standards. Recommendation: • The White Paper on Policing should clearly articulate the establishment, role and function of the Police Board and this be clearly legislated subsequently in amendments to the SAPS Act and incorporated in strategic planning process and performance plans.
NDP: Code of Conduct A professional police service is essential for a strong criminal justice system. The police code of conduct and a code of professional police practice must be aligned to promotion and disciplinary regulations. Recommendation The review and development of a code of conduct with clear disaggregated indicators and measures to enable meaningful alignment with the performance agreements and professional standards be undertaken and presented to this Committee.
NDP: Demilitarization The police should be demilitarized and that the institutional culture of the police should be reviewed to instill the best possible discipline and ethos associated with a professional police service. Recommendation The Committee be briefed on policy proposals and strategies to deliver the NDP’s proposal and, monitor implementation by CSP and SAPS.
Reducing levels of crime – community centred approaches Achieving long-term, sustainable safety requires tackling the fundamental causes of criminality. This would mean mobilising state and non-state capacities and resources at all levels, and citizen involvement and co-responsibility. Comment: • There is inadequate attention to promoting partnership and community centred policing approaches. • The roles of CPFs and CSFs needs to be clarified and augmented from both a policy, regulatory perspective and funding perspective. • SAPS needs to integrate this paradigm of community centred policing into its operations down to station level.
Community Policing • Community centered policing is central to the democratic policing agenda in South Africa • The complexity and challenge of implementing community policing are ongoing. • Station management is at the point of service and should be equipped to respond to challenges and build meaningful stakeholder partnerships around a consensus on priority areas, strategies and joint problem solving. Recommendation: Station performance tools need to be reviewed.
Reducing levels of crime - GBV The performance indicators for ‘addressing contributors to crime’ (Visible Policing) and ‘reducing levels of serious crime including crimes against women and children’ are inadequate and fail to address necessary interventions by the police which can reduce incidents of these crime, and improve investigation results. Recommendation Interventions must address: • Barriers to reporting of sexual offences and domestic violence; • Challenges in investigation of these offences; • Performance management of levels of compliance with regulatory and reporting frameworks.
Sexual Offences • The development by the CSP of a policy on Reducing Barriers to to Reporting Crimes on Gender Based Violence is welcomed. • It is critical that this policy be institutionalised in SAPS and operating procedures/instructions facilitate its implementation. • The issue of appropriate resourcing and training for SAPS requires further attention. Recommendation: • Increased oversight of the role of the NPA in conjunction with the Committee on DOJCD and specifically regarding the establishment of dedicated sexual offences courts and specialized prosecutors. • Implementation of recommendations of CSP Policy which should be incorporated into reporting framework of SAP, ICD and CSP.
Domestic Violence • The Act places a range of duties upon the police, • Up until recently the ICD was responsible for overseeing that the police uphold their obligations. This duty has shifted to the CSP • There has been a marked delcine in number of complaints received by the CSP. Recommendation: • Address the loss of a complaints mechanism following the new dispensation; • The Committee continue vigorous oversight of the DVA and include civil society organisations when the SAPS and CSP present their reports; • SAPS to develop a policing strategy around policing DV and not just compliance with the Act.
Impunity The low number of recommendations by IPID and its predecessor ICD resulting in prosecutions of police members require urgent attention. (documented in IPID Annual Reports) Recommendation There is a need to: • investigate reasons for low prosecutions of police members and develop strategies to address systemic challenges; • engage the NPA on their procedure and process regarding the prosecution of IPID cases; • track the progress of cases referred to IPID and specifically procedures in place between IPID and the NPA regarding prosecutions.
Addressing Inefficiencies Resource allocation Recommendations: • Review of the SAPS methods for determining human resource allocation be submitted to the Committee and all oversight bodies including provinces. • This should include breakdowns of operational and administrative personell at all levels including: stations/ specialised units/ headquarters.
Addressing Inefficiencies Information management • There is a critical need to ehance the interface between information systems, impacting on policing and crime across sectors, to improve and facilitate effective crime detection and prevention at all levels, including stations. • Data collection, capturing of disaggregated information and reporting of crime statistics need to be urgently addressed to provide accurate data which can facilitate: appropriate monitoring and evaluation of strategies, informed policing approaches and interventions, and policy proposals which are evidenced based.
Improving oversight and accountability Areas requiring further attention: • CSP develop a comprehensive monitoring evaluation framework for monitoring police performance which should be presented to the Committee; • Improved collaboration with provincial legislatures, provincial secretariats and provincial departments of community safety to enhance accountability mechanisms at provincial level and, collaboration with national structures to enhance reporting arrangements. • Strengthening oversight of municipal policing services at local level.
Prevention and Combating of Torture • Legislation adopted in 2013 • According to international obligations the state is required to ensure: • Prompt investigations • Administrative measures to ensure safe custody • Prevent prisoner on prisoner violence • Provide redress • Education of custodial health and medical practitioners • Effective and regular oversight
Recommendation • There is interaction between Police and DOJCD Committees; • The SAPS strategy to combat and prevent torture must be reviewed in terms of alignment with responsibilities under CAT specifically: • The process and procedures for complaints of persons in police custody; • Review of rules of interrogation; • The prohibition of use of certain equipment; • Regular and independent visits to police detention cells; • Training on the new act and the prevention of torture. • Review the IPID classification of torture and capacitation of IPID investigators.
Policing of Public Order Recommendations: • Need for alignment of policing practice with international human rights standards on Use of Force; • The current policy on ‘Public Order Management’ be reviewed and aligned with international and regional best practice and ‘Use of Force Policy’ and recommendations due from Farlam Commission; • Challenges in implementation of Regulations of Gatherings Act be investigated.
Use of Force Unacceptably high levels of allegations of police brutality’ require intervention by policy makers and police management. Recommendations: • The CSP development of a revised policy on the Use of Force be urgently completed. • SAPS urgently address alignment of national instructions, training of police members and procedural measures including review mechanisms to provide support, training and where appropriate sanctions. • IPID be capacitated and trained to investigate excessive use of force allegations.
Capacitating the Police and Oversight bodies Recommendation: • The Committee be briefed on training programmes of SAPS members including Human Rights Training. • The calibre and capacity (training and equipping) of IPID investigators be urgently addressed. • The CSP develop collaborations/ partnerships with academic and research institutions to enhance its research capacity.
A new policing agenda • The White Paper on Policing provides a critical opportunity to align the current policing and strategic framework for policing in South Africa; • It is critical that this Policy address key challenges in policing and provide clear policy direction on interventions required. • These policy interventions, recommendations by oversight bodies including those of Portfolio Committee need to be integrated systematically into strategic and annual plans and reports.
PSIRA • Accountability and oversight mechanisms in PSIRA need to be strengthened. • It is critical, that new legislation, regulatory and institutional mechanisms address the need for greater accountability and reporting on transgressions by the sector – including data on offences by security officers including domestic violence, deaths / and use of fire arms/use of force/ and regulation of issue and use of equipment by the industry.
