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ASSESSMENT AND EVALUATION OF SAPS OPERATIONAL
INSTRUCTIONS, PROCEDURES, PRACTICES, STRATEGIES AND
SYSTEMS THAT UNDERMINE EFFECTIVE AND EFFICIENT POLICING
WITHIN A CONSTITUTIONAL DEMOCRACY
PRESENTED: LT GEN SJ JEPHTA
9 FEBRUARY 2017
1 Section
CONTENT
Contents
Section 1 CONTENT
Section 2 INTRODUCTION
Section 3 VISIBLE POLICING
Section 4 DETECTIVES
Section 5 CRIME INTELLIGENCE
Section 6 CONCLUSION
Section
INTRODUCTION
INTRODUCTION
The purpose of the police is to provide a safe and secure environment in
which freedom can be exercised. The police force of a democracy is
stringently apprehensive with the protection of a safe community and
application of criminal law equally to all people, without fear or favour.
The following conditions are intrinsic to police in a democracy:
• It is subject to the rule of law exemplifying values courteous of human
dignity
• Can intervene in the life of citizens only under restricted and carefully
meticulous conditions
• It is publicly answerable.
INTRODUCTION
The police has authority to:
• use force
• use covert investigation
• stop, search
• arrest citizens
INTRODUCTION
• Due to the potential for abuse the police face numerous external and
internal controls. Internally, control of police is sought through defined
procedures, policies, guidelines, national instructions and strategies. It is
a known fact that even systems that are democratic have examples of
undemocratic police behaviour contrary to official policy.
• This presentation attempts to assess some existing as well as non-
existent internal controls, policies, systems, national instructions,
guidelines and strategies in the operational environment that undermine
effective and efficient policing within a constitutional democracy.
Section
VISIBLE POLICING
VISIBLE POLICING STRATEGIES
APPROVED STRATEGIES
DETENTION MANAGEMENT STRATEGY:2016/17
Purpose: is to improve detention management and to reduce the incidents
and number of escapes.
Although the purpose is to improve detention management the
strategy do not address the safety of a person in custody as well as
unlawful arrest.
Par 7.2.6: Indicates that the priority for when a person in custody is being
transported is to secure detention in transit.
VISIBLE POLICING STRATEGIES
Although the strategy and SO.561 indicate that a person in
custody should be allowed to have visitors the infrastructure of
stations does not accommodate such facilities, resulting in visitors
not being allowed at many stations.
Par.8.2: deals with monitoring and evaluation of escapes only.
The monitoring and evaluation on all levels exclude the monitoring
of injuries, attacks on prisoners and deaths in detention.
VISIBLE POLICING STRATEGIES
NATIONAL RURAL SAFETY STRATEGY: 2010-2014
Purpose: “to provide direction and guidelines to achieve safety and
security within the rural environment.”
Pillars of the strategy
• Enhanced Service Delivery
• Integrated Approach
• Community Safety Awareness
• Rural Development
The strategy is based on the same principles of Sector Policing. The strategy depends on reservists for implementation. Currently there are many challenges with the recruitment of reservists which hampers the implementation of the strategy.
VISIBLE POLICING STRATEGIES
NATIONAL RURAL SAFETY STRATEGY
The integrated approach relies heavily on external role-players. No
proof could be found that external role-players have agreed to the
strategy.
Par.15: indicates that the strategy will be implemented from 2010-2014
and will be reviewed every 5 years.
No evidence could be found that an impact assessment was
conducted on the implementation of the strategy or that the
strategy was reviewed.
VISIBLE POLICING STRATEGIES
POLICE SAFETY STRATEGY: APPROVED
STRATEGIES TO BE CONSIDERED
• Firearm Strategy
• Anti-Drug Strategy
• Anti-Gang Strategy
• Community Policing Strategy
The National Crime Combatting Strategy (2000) should be reviewed
and implemented.
SAPS Interim Regulations for Community
Police Forums and Boards
• Community Policing Forums are managed in terms of the Interim Regulations
for Community Police Forums which were Gazzetted in 2001.
• Although the Regulations intends to enhance relationship between the
community and the police it is totally outdated and it undermines the effective
and efficient policing within a constitutional democracy.
• Challenges faced in the establishment and maintenance of CPFs and by
CPFs themselves have also resulted in such forums not completely
fulfilling the role initially envisioned.
Community Policing must be regulated and must include all aspects of
Community Policing (CPF, Neighbourhood watches, street committees etc.)
NI: 1/2016: Use of force in
effecting and arrest
Purpose: “To regulate the use of force by a member to effect the arrest of a
suspect as provided for in section 49 of the Criminal Procedure Act”.
Although the purpose refers to the use of force in terms of section 49 of
the CPA the instruction also elaborates extensively on the use of force in
terms of section 39(1) of the CPA.
Par. 10: Refers only to reporting of incidents when a person dies or is injured
as a result of a police firearm being discharged (sec.49).
The instruction is silent on a death or injury as a result of section 39.
Many such cases only come to light when someone opens a case against
SAPS, lodge a formal complaint in terms of SO 101 or lodge a civil claim.
In many cases no record could be found of such incidents.
NI: 1/2016: Use of force in
effecting and arrest
Sec.39(1): authorises the use of force in order to confine the body
of a person to be arrested.
The instruction does not address the issue where a premises
is entered by using force in order to effect an arrest. In many
cases property is damaged or destroyed in the process.
The instruction does not indicate reporting and recording
mechanisms when section 39(1) is used.
SO. (G) 361: Handling of persons in custody
Purpose: To ensure that SAPS comply with its obligations in terms of the
Constitution.
Par.4: directs steps to be taken to ensure medical treatment
The paragraph does not deal with administering prescribed medication if the
prisoner has it with him/her and also not with what to do if the person is on
medication but it is not with him/her.
Par.5: deals with the arrest statement of a person in custody.
The direction provided will not assist the Station Commander or duty officer to
assess the legality of the arrest if the statement is only available in the docket.
The docket is handed over to the detective and such officers will not have
access to it. This results in many people who are in custody illegally. This is
the biggest contributor to civil claims.
SO. (G) 361: Handling of persons in custody
Par 6(a): deals with visits to persons in cells who are insensible from liquor or any
other cause.
It is a risk to allow such persons in cells as these are the cases that
contribute mostly to deaths in custody. A police officer is not able to
diagnose a person that is unconsciously drunk. Post-mortems of such
deaths in custody have shown that persons died of other medical
conditions. In such cases medical assistance should be obtained.
Par. 9(b): directs that an entry is made wrt the time that prisoners are fed.
A person in custody must have access to nutritious food. An entry should
rather be made of what meals prisoners were served to proof that a
nutritious meal was served.
SO. (G) 361: Handling of persons in custody
The SO. is silent on the custody of gay and lesbian persons as well as
transvestites. These people are often victims of sexual assaults and rapes
in custody. The SO. should therefore clearly direct how they should be
dealt with when in custody.
Functioning of Crime
Prevention Units at stations
Letter ref: 26/3/5/2 dated 13 June 2007: The letter directs that Sector
Policing is regarded as a tool to implement crime prevention activities and
that it should be executed through:
• Crime prevention and crime combatting functions
• Special crime prevention operations
• Generic policing functions
No other guidelines exist with regards to execution of operations
(stop and searches). Sector Policing is an attempt to implement the
pillar of the Geographical Approach in terms of the National Crime
Combatting Strategy (2000)which have been abolished.
Functioning of Crime
Prevention Units at stations
Par. 4: “The Crime Prevention Unit performs its activities in
accordance with Crime Intelligence and the interpretation and
analysis thereof”.
Information management and interpretation thereof at station
level is currently a challenge. Operations are not planned and
executed accordingly.
Functioning of Crime
Prevention Units at stations
Par. 5: Request Provincial Commissioners to ensure that Crime
Prevention Units are in operation at various police stations.
Most of the stations fixed establishment do not provide a
structure for Crime Prevention Units. Stations are therefor not
able to conduct conventional crime prevention functions
without deploying members outside their core functions. This
in itself has implications.
SOP for first responders
to public violence
NI 4of 2014: Public Order Police: crowd management during public
gatherings and demonstrations.
Purpose: “to regulate the crowd management environment and, if violence is
anticipated or has occurred during any gathering or demonstration, the
restoration of public order.”
Paragraph 15: refers to the first responder at the scene of an unforeseen
gathering.
• It is expected that such members contain the situation, establish a VOC
and inform all role-players.
Stations are not equipped to respond as members are not trained and
they do not have equipment to deal with crowd control.
SOP for first responders
to public violence
• Par 15(3): indicates that all Station Commanders must ensure
that members at the station is trained in crowd management and
that a list of such members should be kept in the CSC.
There is non-compliance with regards to this.
The instruction is silent on the role CPF’s are playing in this
regard.
Section
DETECTIVES
APPROVED STRATEGIES:
DETECTIVES
Approved Strategies: none
Recommended Strategies
Cyber Crime Strategy
Organise Crime Strategy
Draft NI #/2009: Detective
Service Centre
Purpose: To regulate the activities at Detective Service Centres at
stations where the Station Commander holds the rank of Colonel.
The draft was developed in 2009 but was never finalised. The
purpose of the instruction should rather be to conduct
immediate investigation after registration of a criminal case. If
such centres are only establish at Colonel stations and higher
equitable services are not rendered to the community.
NI 2/2001: Informers
Purpose: Ensure the effective and efficient management of
informers
Par.4: deals with the protection of identify of an informer.
Informers are exposed when they have to testify in court and in
many cases also when they have to lodge a complaint of not
being paid for information provided. The informer system is
not utilised effectively.
NI 1/2015: Crime Scene
Management
Purpose: “To regulate the management of crime scenes to ensure that crime
scenes are properly controlled, managed, documented, investigated and that the
integrity of items with potential evidential value is maintained. “
The instruction is very comprehensive, but it does not deal with persons
(witnesses) who are traumatised at the scene due to the incident. Such
persons should be contained and assisted in order to provide evidence.
The non-compliance of members leads to poor investigation and low
conviction rates.
The community are the first ones on the scene and often destroy evidence.
Community development should take place in order for them to take
responsibility to preserve a scene until the SAPS arrives at the scene.
Section
CRIME INTELLIGENCE
ASSESSMENT CRIME
INTELLIGENCE
INTELLIGENCE PRODUCTS
• EARLY WARNINGS
• PROACTIVE INTELLIGENCE
• REACTIVE INTELLIGENCE
There are no system in place to ensure execution of products
provided to the operational environment and to monitor the
impact thereof.
Section
CONCLUSION
CONCLUSION
I trust that the presentation will unlock meaningful engagements that
will assist in crafting a Policing Model for SAPS.
Thank you