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Public Hearings on the Legislation dealing with the Establishment of the DPCI within SAPS

Public Hearings on the Legislation dealing with the Establishment of the DPCI within SAPS. 5 August 2008. Overview of this Presentation. About Business Against Crime South Africa BAC SA Reasons for making this submission What Business Against Crime understands about the DPCI

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Public Hearings on the Legislation dealing with the Establishment of the DPCI within SAPS

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  1. Public Hearings on the Legislation dealing with the Establishment of the DPCI within SAPS 5 August 2008

  2. Overview of this Presentation • About Business Against Crime South Africa • BAC SA Reasons for making this submission • What Business Against Crime understands about the DPCI • Key factors for Success • Recommendations by Business Against Crime SA • Way Forward and Conclusions

  3. About Business Against Crime South Africa • BAC SA is a not-for-profit (Section 21) company formed in 1996 following a request by Govt through then-President Mandela • BAC SA has since its establishment, supported Government in the fight against crime • BAC SA represents a large portion of the Business sector, with a Board comprising business leaders from industry, commerce, as well as office bearers from BUSA, BLSA, and the BBWG • BAC SA is funded by the business community, and serves as the conduit through which business support is mobilised to support government • BAC SA has developed a close relationship with government in the fight against crime, built on a foundation of mutual trust and respect

  4. BAC SA Reasons for Making this Submission • Organized crime is evolving and becoming increasingly sophisticated • An effective counter to this threat is therefore critical, at a better level of sophistication - An International problem! • Attractiveness of SA to international crime syndicates increasing the country’s vulnerability (Gateway to Africa, Airports, Ports, Financial Institutions, Telecommunications, etc) • SA & BAC SA experience about what works in the South African context – based on years of working with government, such as the Specialized Commercial Crime Courts and Anti Hijackings initiatives • The Bill does not appear to address key issues required to improve the fight against organized crime in relation to international and local learning.

  5. What BACSA understands about DPCI • Government recognition that Organized Crime needs to be addressed in a comprehensive fashion through DPCI • The DPCI will exclude Prosecutors and people involved in intelligence gathering • DPCI will investigate matters in Sec 16 of SAPS Act which states that all crime must be investigated by the Provincial Commissioners of SAPS • The National Commissioner of SAPS shall have the final say on who investigates any particular matter. • DPCI shall be a Division of SAPS. Head of DPCI shall report to Deputy National Commissioner of SAPS. • Transfer of DSO investigators shall be done without negatively affecting remuneration and conditions of service.

  6. Key Factors for Success • Appropriate enabling legislation guaranteeing multi-agency collaboration, oversight and independence; • Single, suitably mandated, lead agency; • Strong Intelligence driven approach • Core skills of Lead Agency involves the adoption of an Integrated Approach (Intelligence – Investigations – Prosecutions); • Task Teams - Enhanced cooperation across law enforcement agencies and other support departments, (e.g. Revenue Services, Customs & Excise, Home Affairs, SIU, AFU, FIC, etc.)

  7. Key Factors for Success (Continued) • Specialist training, competitive remuneration and adequate resourcing; • A unique brand that gives its members a proud identity and meaning. • Effective communications including publicly declaring performance and results • Unambiguous Support and Defense by the collective Political Leaders • Day to day Oversight and Support by Senior Management and Officials

  8. Recommendations by BACSA • Need for Functional Integration • Intelligence driven Investigations and Prosecutions • Multi-Agency & Multi Dept task teams • Status and Relative Importance of the DPCI • Head of DPCI should be Deputy National Commissioner • Clarity of Scope and Powers • Amend section 16 to sufficiently clarify the scope and powers of the DPCI such that its mandate is totally clear and no confusion.

  9. Specific Suggestions • Effective Oversight • In view of the excessive concentration of too much powers in the hands of the National Commissioner of SAPS, an appropriate oversight body is an absolute necessity • Retention of Skills • Communication of Performance and Results

  10. Way Forward & Conclusion • There should be no tolerance for corruption and organized crime in South Africa • Establish the DPCI to retain the attributes that will ensure success against organized crime • Checklist for a successful design: • Does the new unit have the required status & legislative backing to achieve the mandate? • Does the new unit have the ability to attract and retain the skills necessary? • Will the new be Intelligence driven to respond adequately to growing sophistication of organized crime? • Will it harness the task team approach? – Will it be enabled to draw skills from other law enforcement agencies & departments? • Is its mandate clear and will have the ability to marshal resources required? • Does it enjoy the independence, Capacity and Support to investigate crime & corruption in every echelon of society – particularly at top levels?

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