Portfolio Committee on Safety and Security

LEGACY REPORT
Portfolio Committee on Safety and Security
For the 3rd Parliament
2004 - 2009

NAME OF COMMITTEE

FUNCTIONS OF COMMITTEE

Functions of the Committee are to:

Consider legislation referred to it
Exercise oversight over the Department of Safety and Security and its entities
Consider International Agreements referred to it
Consider the budget vote and Annual Reports of the Department of Safety and Security
Facilitate public participation in its processes
Facilitate appointments to statutory bodies
Consider all matters referred to it in terms of legislation, the Rules of Parliament or resolutions of the House
To execute the work of the National Assembly as highlighted in the Constitution.

DEPARTMENT/S AND ENTITIES OVERSEEN BY COMMITTEE

Secretariat for Safety and Security
South African Police Service andPolice Secretariat
Independent Complaints Directorate

2.1 South African Police Service (SAPS)

The Constitution of the Republic of South African, 1996 (Act 108 of 1996) lays down that the South African Police Service has a responsibility to -

prevent, combat and investigate crime;
maintain public order;
protect and secure the inhabitants of the Republic and their property; and
uphold and enforce the law.
create a safe and secure environment for all people in South Africa.
prevent anything that may threaten the safety or security of any community
investigate any crimes that threaten the safety or security of any community
ensure criminals are brought to justice; and
participation in efforts to address the causes of crime.

To fulfill theMission of the South African Police Service (SAPS), all the members are subjected to the official Code of Conduct of the South African Police Service that was introduced on 31 October 1997. The Code of Conduct is a written undertaking which each member of the South African Police Service is obliged to uphold, in order to bring about a safe and secure environment for all people of South Africa. Every member of the South African Police Service must make the Code of Conduct part of their code of life, principles and values.

2.2 The Independent Complaints Directorate (ICD)

The ICD was established in April 1997 to investigate complaints of brutality, criminality and misconduct against members of the SAPS and the Municipal Police Service (MPS).It operates independently from the SAPS in theeffective and efficient investigation of alleged misconduct and criminality by SAPS members. Its mission is to promote proper police conduct.

2.3 The Secretariat for Safety and Security

The Secretariat for Safety and Security’s mission is to ensure effective civilian oversight of the SAPS through monitoring and evaluating the functioning of the Service and the provision of legal and policy advice to the Minister for Safety and Security, as well as to provide the Minister with administrative and communication support. The Secretariat derives its mandate from the Constitution; the SAPS Act; the White Paper on Safety and Security (1998); Presidential and Ministerial addresses and speeches; Ministerial directives and government policy documents.

ENTITIES THAT THE COMMITTEE WORK WITH FROM TIME TO TIME:

(For which funds are not appropriated from Parliament):

Private Security Industry Regulatory Authority (PSIRA)

Centre for the Study of Violence and Reconciliation (CSVR)
Institute for Security Studies (ISS)
South African Police Unions (SAPU) and (POPCRU)
Gun Free South Africa
State Information Technology Agency (SITA)

METHOD OF WORK BY THE COMMITTEE

The Committee conducts oversight over the Department and entities listed above in the following way:

Scrutinising Departmental and entity- strategic plans, budget votes, annual reports & financial statements; and reporting to the National Assembly its recommendations

Receiving briefings from the Department and entities on current practices or developments in the Public Service
Conducting oversight visits to the ICD Head and Provincial offices;head office of the Secretariat for Safety and Security; and police stations to ensure that they comply with legislation and government policies.
Attending national and international conferences whereby, best practices are discussed, explored and disseminated
Conducting study tours, to learn how other countries’ Safety and Security agencies cooperate with each other, coordinate there work, and how their practices could assist South African
Conduct a strategic planning workshop at the beginning of each year to plan for the year ahead and identify its priorities for the year in terms of oversight and legislation.
Conduct workshops to scrutinise and identify key areas of concern before calling the Department to account for their strategic plans, budget votes, annual reports and financial statements
The Committee utilised the SAPS police station questionnaire during all oversight visits to police stations. This monitoring tool was developed by the Committee and adopted by Parliament to be used by all members when conducting their constituency work. The results of data collected through the use of this tool are analysed by the Parliamentary Research Unit.

NUMBER OF MEETINGS HELD

YEAR / NUMBER OF MEETINGS
2004 / 13
2005 / 22
2006 / 22
2007 / 24
2008 / 35

LEGISLATION CONSIDERED BY THE COMMITTEE

YEAR / TITLE OF THE BILL / PURPOSE OF BILL / STATUS OF BILL
2004 / Protection of Constitutional Democracy Against Terrorist and Related Activities Bill [B12-2004] / To provide for the Protection of Constitutional Democracy Against Terrorist and Related Activities Bill is to provide for measures to prevent and combat terrorist and related activities. / Finalised
2005 / The Committee did not deal with any legislation during 2005
2006 / The Committee did not deal with any legislation during 2006
2007 / The Committee did not deal with any legislation during 2007
2008 /

Second-Hand Goods Bill

[B 2 - 2008]

/ To regulate the business of dealers in second-hand goods and pawnbrokers, in order to limit trade in stolen goods; to promote ethical standards in the second-hand goods trade; and to provide for matters connected therewith. / Finalised
YEAR / TITLE OF THE BILL / PURPOSE OF BILL / STATUS OF BILL
2008 /

South African Police Service Amendment Bill

[B 30 - 2008]

/ To enhance the capacity of the South African Police Service to prevent, combat and investigate national priority crimes and other crimes, by establishing a separate Division in the South African Police Service, the Directorate for Priority Crime Investigation; provide for the transfer of special investigators and administrative and support personnel of the Directorate of Special Operations, established in terms of the National Prosecuting Authority Act, 1998, to the South African Police Service;provide for the appointment of the Head of the Directorate for Priority Crime Investigation; ensure a multi-disciplinary and integrated approach in the prevention, combating and investigation of the above crimes by providing for the secondment of personnel from other Government departments or Institutions to the Directorate for Priority Crime Investigation;provide for the security screening and integrity measures for personnel of the Directorate for Priority Crime Investigation;provide for the designation by the President of a Ministerial Committee to oversee the functioning of the Directorate for Priority Crime Investigation;provide for the establishment of an Operational Committee comprising senior officials to facilitate, review, monitor and improve inter-departmental co-operation;provide for Parliamentary oversight in respect of the activities of the Directorate for Priority Crime Investigation;provide for the establishment of a mechanism to deal with complaints of a senior nature pertaining to the Directorate for Priority Crime Investigation;provide for transitional arrangements, including the selection of personnel to implement the Act; andprovide for matters connected thereto. / Finalised

7. OVERSIGHT VISITS UNDERTAKEN:

YEAR / PURPOSE OF THE VISIT / PROVINCES / DATE / STATUS OF REPORT
2004 / Investigate service delivery at Police Stations / Gauteng / 10- 12 August 2004 / Finalised
2005 / Investigate service delivery at Police Stations / Western Cape / 27 May,
12- 14 June,
19 October 2005 / Finalised
2006 / Investigate service delivery at Police Stations / Gauteng / 26 – 27 June 2006 / Finalised
2007 / Investigate service delivery at Police Stations / Western Cape, Eastern Cape, Northern Cape, Free State / 3 May 2007
7 – 11 May 2007
23 May 2007
30 May 2007
6 June 2007 / Finalised
To assess the quality of training at the SAPSPretoriaTrainingCollege / Gauteng / 14 August 2007 / Finalised
2008 / Progress with regards to the ICD restructuring process / Western Cape, Gauteng / 21 – 22 February 2008 / Finalised
Unannounced oversight visit: MpumalangaProvince – Badplaas Police Station / Mpumalanga / 7 – 9 April 2008 / Finalised

8. STUDY TOURS UNDERTAKEN

YEAR / PURPOSE OF THE VISIT / COUNTRY / DATE / STATUS OF REPORT
2004 / Three members of the PC on Safety and Security and three members of the PC on Justice and Constitutional Development were invited to jointly conduct a study tour to Germany.
Aims and objectives of the study tour

The visit was aimed at the inter-sectorial area of Safety and Security (Police) and Justice (Prosecutors and Courts). It is common knowledge that one of the major challenges in the criminal justice system is the synergy between key role players. This study tour focused on the aspects that fall squarely within the current and future work programme of the two committees.

/ Germany / 10-16 October 2004 / Finalised
YEAR / PURPOSE OF THE VISIT / COUNTRY / DATE / STATUS OF REPORT
2005 / No Study Tours were undertaken during 2005
2006 / To investigate and learn more about Australia’s Human Trafficking Legislation, policies and the implementation of suchlegislation.
To look at the successes and challenges faced by the Australian Police, Justice and Immigrations
officials regarding Human Trafficking. / Australia / 30 November – 10 December 2008 / Finalised
2006 / No Study Tours were undertaken during 2006
2007 / No Study Tours were undertaken during 2007
2008 / No Study Tours were undertaken during 2008

INTERNATIONAL AGREEMENTS

2006

Paper Referred / Date of referral / Date of Consideration by Committee / Date of ATC Publication
Proclamation by the president in accordance with section 25 of the Protection of Constitutional Democracy against Terrorist Activity Act, 2004 (No. 33 of 2004) / 9 May 2006 / 24 May 2006 / 26 May 2006
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Uganda on Police Cooperation / 9 May 2006 / 24 May 2006 / 26 May 2006
Cooperation Agreement RSA the United Arab Emirates / 4 July 2006 / 20 September 2006 / 26 September 2006
Protocol to the OAU Convention on the Prevention and Combating of Terrorism / 17 August 2006 / 20 September 2006 / 26 September 2006
International Convention for the Suppression of Acts of Nuclear Terrorism / 21 August 2006 / 20 September 2006 / 26 September 2006

2007

Paper Referred / Date of referral / Date of Consideration by committee / Date of ATC Publication
Proclamation No R 24 published in Government Gazette No 28885 dated 29 May 2006: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 25 April 2007 / 29 August 2007 / 31 August 2007
Proclamation No R 38 published in Government Gazette No 29222 dated 19 September 2006: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 25 April 2007 / 29 August 2007 / 31 August 2007
Proclamation No R 44 published in Government Gazette No 29284 dated 11 October 2006: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 25 April 2007 / 29 August 2007 / 31 August 2007
Paper Referred / Date of referral / Date of Consideration by committee / Date of ATC Publication
Proclamation No R 51 published in Government Gazette No 29500 dated 22 December 2006: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 25 April 2007 / 29 August 2007 / 31 August 2007
Proclamation No R 2 published in Government Gazette No 29598 dated 7 February 2007: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 25 April 2007 / 29 August 2007 / 31 August 2007
Paper Referred / Date of referral / Date of Consideration by committee / Date of ATC Publication
Memorandum of Understanding between the Government of the Republic of South Africa and the Government of Saint Lucia on the Contribution of the South African Police Service to the International Police Component for the ICC Cricket World Cup West Indies 2007, tabled in terms of section 231(3) of the Constitution, 1996. / 18 May 2007 / 29 August 2007 / 31 August 2007
Memorandum of Understanding between the Government of the Republic of South Africa and the Government of Barbados on the Contribution of the South African Police Service to the International Police Component for the ICC Cricket World Cup West Indies 2007, tabled in terms of section 231(3) of the Constitution, 1996. / 18 May 2007 / 29 August 2007 / 31 August 2007
Paper Referred / Date of referral / Date of Consideration by committee / Date of ATC Publication
Memorandum of Understanding between the Government of the Republic of South Africa and the Government of Grenada on the Contribution of the South African Police Service to the International Police Component for the ICC Cricket World Cup West Indies 2007, tabled in terms of section 231(3) of the Constitution, 1996. / 18 May 2007 / 29 August 2007 / 31 August 2007
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Malta in respect of Police Co-operation, tabled in terms of section 231 (3) of the Constitution, 1996 / 28 August 2007 / 26 October 2007 / 28 October 2007

2008

Paper Referred / Date of referral / Date of Consideration by committee / Date of ATC Publication
Proclamation No R. 29 published in Government Gazette No 30382, dated 19 October 2007: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 and 26 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 12 June 2008 / 17 August 2008 / 19 August 2008
Proclamation No R. 30 published in Government Gazette No 30382, dated 19 October 2007: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 and 26 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004) / 12 June 2008 / 17 August 2008 / 19 August 2008
Proclamation No R. 49 published in Government Gazette No 30634, dated 31 December 2007: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 and 26 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 12 June 2008 / 17 August 2008 / 19 August 2008
Paper Referred / Date of referral / Date of Consideration by committee / Date of ATC Publication
Proclamation No R. 1 published in Government Gazette No 30704 dated 30 January 2008: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 and 26 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 12 June 2008 / 17 August 2008 / 19 August 2008
Proclamation No R. 2 published in Government Gazette No 30705, dated 1 February 2008: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 and 26 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 12 June 2008 / 17 August 2008 / 19 August 2008
Paper Referred / Date of referral / Date of Consideration by committee / Date of ATC Publication
Proclamation No R. 11 published in Government Gazette No 30939 dated 2 April 2008: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 and 26 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 12 June 2008 / 17 August 2008 / 19 August 2008
Proclamation No R. 11 published in Government Gazette No 30939 dated 2 April 2008: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 and 26 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). / 12 June 2008 / 17 August 2008 / 19 August 2008

10.Statutory appointments

Not applicable as the Committee has never had to deal with any statutory appointments

11.Obligations conferred on committee by legislation

Not applicable as the Committee was not involved in the appointment of commissioners.

12.Any particular challenge\s relating to the committee’s exercising of its mandate

The Committee found it particularly difficult to exercise its mandate of oversight over the executive and public entities due to institutional obligations within the precincts of Parliament.

13. Any other outstanding issues

No outstanding issues.