Police Sector Reform

1. Police Sector Reform Case Study: Republic of South Africa Themba Shabangu 25-26 September 2013

2. Outline • Quick Facts – South African Police Service. • Policing Under Apartheid. • From Apartheid to Democracy. • Police Reform Dilemma. • Strategic Agenda for Police Reform. • Police Reform Processes. • New Department with Dual Functions. • Police Legitimacy Building Process. • Accountability Structures. • Lessons Learned and Implications for Libya.

3. Quick facts: South Africa Police Service President Appoints National Commissioner for a Five Year Term. Term extendable. Provincial Commissioners appointed by Nat Com in consultation with Prov Total Police Budget = $6,8 Billion Total Police Personnel = 200 000 Sworn Officers = 157 518 Bheki Cele 2009-2012 Civilians = 41849 Police to Pop Ratio = 1:303 Jackie Selebi 2000 - 2008 Police Stations= 1146 Riah Phiyega 2012 to date Total Women = 36% George Fivaz 1995-2000

4. Policing under Apartheid 10 “Independent States” & 11 Police Forces - “right ethnic base”, gender and race. Police were militarised, protected, law unto themselves Police kidnapped, tortured, killed, detained without trial political activists/suspects State Security priority over citizen safety Police spent 10% of their time & resources on crime prevention & investigation. Police were considered apartheid agents and unpopular.

5. From Apartheid to Democracy • Nelson Mandela was released from prison on 11 February 1990. • National Party Government – apartheid architect – unbanned Political Parties and legalised their activities. • Multiparty negotiations From December 1991 - Interim Constitution of the Republic of South Africa. • The Constitution became the Supreme Law for RSA. • RSA became a unitary state with elements of federalism. • It included the Bill of Rights, including inalienable rights of detained persons • Agreed not to establish a federal but one national and accountable Police Service.

6. Police Reform Dilemma • Public Service, including the police, were established to maintain apartheid! • Sunset Clause and Amnesty from Prosecution. • Liberation but crime and violence increased threating RSA’s democracy. • Maintain stability within the limits of a liberal democracy - however the norms and institutions of democracy were unfamiliar and foreign to large section. • Ruling party had no policing experience and capacity.

7. Key Police Reform Strategic Agenda • Use Existing Police Personnel to establish new Police Service but; • Ensure they are apolitical and are accountable! • Citizens must see and perceive them as the legitimate agents of the new regime! • Demilitarisethe Police! • Be re-orientate the police to operate within Constitutional Democracy. • Retraining and resourcing dealt with last two issues.

8. Establish a New Police Service 1 • President Appoints; • Political Head who is a diplomat and not a military Person. • Administrative head, from within the Police, George Fivaz, to lead the new police. • Set up Ministerial Committees with clear Terms of Reference of reference and timelines to; • Determine new operational boundaries and rationalise the forces. • Develop a New Police Act that comply with the Constitution of the Republic of South Africa. • Amalgamate 11 Police Agencies and statutory forces onto one Police Agency, rebrand and rebuild new Police • Ministerial Committees are representative of all 11 Police forces and statutory forces. • Civil society and International experts provide technical assistance to Ministerial Committees 2 3

9. New Department: Safety and Security Ministers Committee * Policy discussion (review, evaluate) and alignment of policing needs & Gov Priorities * Formalise Political Direction * Coordinate operational and supporting functioning of Dept Executive Coordinating Committee * Coordination & cooperation with Provincial sphere of government Cabinet Minister & Deputy Minister Independent Civilian Oversight structures Powers and function separate & defined in Constitution and SAPS Act South African Police Service Secretariat of Police Independent Police Investigative Directorate Object (s 3) 1. Conduct independent and impartial investigation of criminal offences committed by SAPS and MPS, 2. Make appropriate recommendation (either internal disciplinary or criminal prosecution of SAPS/MPS suspect. Object (s 3) 1. Advise Minister of his/her powers, performance of duties & functions 2. Promote Democratic Accountability & Transparency of SAPS 3. Develop and Monitor poling policy implementation 4. Evaluate SAPS functioning and report to Minister Object (s205 (3)) 1. Prevent, combat & investigate crime. 2. Maintain Public Order 3. Protect and Secure inhabitants and their properties 4. Uphold and enforce the law

10. Legitimise the New Police • Political Level (President, Political Parties and responsible Minister) • Build Public Awareness and Citizen Acceptance of New Police • Ensure Public Awareness of Accountability Mechanisms, • Provide Policy Direction and Resources Political Ownership • South African Police Service level - Acceptance that it’s a Rebuild and Not New • New Corporate Identity, • Representivity • Change Focus and Prioritise Community Safety, • Re-orientate & Retrain to Operate Within a Democracy, • Improve Public Access and Service Delivery Change Management • Establish Community Police Forums • To Build Police-Community Relations, • Enable Police to Understand Community Priorities & to Account • and Joint Problem Solving Service Recipients Level

11. Accountability Mechanisms • Parliament • Multi-party Police Portfolio Committee • Independent Police Investigative Directorate • Civilian Secretariat for Police • Auditor General • Community Police Forum • Judicial Review ALL MPs Questions & Answer session in the National Assembly Budget allocation, Performance Review Proportional Representation Invest Crime committed & abuse by Police Civilians Monitor Police Conduct Assess appropriate use of Public Funds & outputs Accountants Com & Police Police Service Delivery report Verify adherence to Rights of Offenders & Civil litigation For abuse of power Courts

12. Lessons Learned • Efficiency in Policing Opposition to the State Does Not Easily Translate to Efficiency in the Prevention and Investigation of Crime. • Effectiveness of Accountability Structures is Dependent on Skills and Sector Knowledge. • Police Reform Process Should Aim to Retain Skilled & Experienced Police Officials who Served Previous Political Dispensation. • Police Legitimacy is Dependent on Ability to Manage Crime and Police Integrity. • Community Policing Forums Improved Police-Community Relations. • Process to Recruit and Retain Senior Police Managers Affects the Independence of Police Institution from Political Influence.