ASSESSMENT AND EVALUATION OF SAPS OPERATIONAL … · NI 1/2015: Crime Scene Management Purpose: “To regulate the management of crime scenes to ensure that crime scenes are properly

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.


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.


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.


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.


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.


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.


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.



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.



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

Documents

ASSESSMENT AND EVALUATION OF SAPS OPERATIONAL … · NI 1/2015: Crime Scene Management Purpose: “To regulate the management of crime scenes to ensure that crime scenes are properly