Presentation to the Portfolio Committee on Police on the White Paper on Policing

1. Presentation to the Portfolio Committee on Police on the White Paper on Policing 5 August 2015 By African Policing Civilian Oversight Forum (APCOF)

2. Contents • Introduction • NDP imperatives • Policing Approaches • Resourcing • Human Rights • Oversight

3. 1. Introduction The White Paper on Policing must: • Provide clear policy statement based on a clear, thorough policy analysis of the challenges faced by the institution. • Provide a clear roadmap on interventions (including establishment of new mechanisms) required to achieve this vision and address challenges identified. • Indicate areas where legislative amendments may be necessary and guiding content to these.

4. 1.1 Vision Align with the NDP and specifically a police service that is • Well resourced • Professional • Staffed by skilled officers • Serve without discrimination • Respect rights equality and justice of all

5. 1.2 A Democratic Policing Agenda APCOF proposes this vision be linked to the notion of democratic policing. This translates into • Protection of democratic rights including freedom of speech movement and political participation in the country; • Providing safety and security to citizens; • Governance and management structures of the police that meet the standards associated with an organisation supporting democracy, including adherence to principles of accountability and transparency; • The manner in which police conduct themselves; and • The extent to which the members of the organisation enjoy the rights and privileges ordinary members of society enjoy

6. 1.3 Relevance for the White Paper Democratic Policing indicators can underpin and inform a comprehensive monitoring evaluation and reporting template for policing in South Africa.

7. 2. Imperatives identified by the NDP • National Police Board • A Review of Code of Conduct • A Review of the Disciplinary process • Definition and strategy on demilitarisation • Appointment of National Commissioner • Vetting of officers and specifically senior offices • Competency testing • System to develop high calibre police through two tier management and core police

8. 2.1 NDP: National Police Board A national policing board should be established, with multi-sectoral and multidisciplinary expertise. It should set standards for recruiting, selecting, appointing and promoting police officials and police officers. The board should also develop a code of ethics and analyse the professional standing of policing, based on international norms and standards. Recommendation: • The White Paper should clearly articulate the establishment, role and function of the Police Board and provide framework for necessary legislative amendments to the SAPS Act.

9. 2.2 NDP: Code of Conduct A professional police service is essential for a strong criminal justice system. The police code of conduct and a code of professional police practice must be aligned to promotion and disciplinary regulations. Recommendation The review and development of a code of conduct with clear disaggregated indicators and measures to enable meaningful alignment with the performance agreements and professional standards must be clearly articulated in the White Paper.

10. 2.3 NDP: Demilitarisation The police should be demilitarized and that the institutional culture of the police should be reviewed to instill the best possible discipline and ethos associated with a professional police service. Recommendation The White Paper must contain clear policy directive on on requirements for demilitarisaiton.

11. 3. Policing Approaches Achieving long term, sustainable safety requires tackling the fundamental causes of criminality. This would mean mobilising state and non-state capacities and resources at all levels, and citizen involvement and co-responsibility. The White Paper must support policing approaches which provide effective responses to and prevention of crime. Additional information is required and should include the following: • Community Centred Policing; • Gendered based violence; • Gun Violence;

12. 3.1 Policing approaches: Community centered policing Community centered policing is central to the democratic policing agenda in South Africa. There is inadequate attention to promoting partnership and community centered policing approaches. • needs to be defined and the White Paper must articulate how this is to be achieved • Attention must be paid to issues of procedural justice as articulated in Batho Pele principles.

13. 3.1.1 Community centered policing • Community-centred policing requires police training that has a focus on developing service delivery skills including • facilitating requests for assistance and • responding to the community; • Handling witnesses and victims; • Working with community groups; • Problem solving; • Ethical conduct; • Equality of treatment; and • Human rights standards.

14. 3.1.2 Community centered policing • The roles of CPFs and CSFs needs to be clarified and augmented from both a policy, regulatory and funding perspective. • Station management is at the point of service and should be equipped to respond to challenges and build meaningful stakeholder partnerships around a consensus on priority areas, strategies and joint problem solving. The White Paper should address these challenges and propose mechanisms i.e. review of station performance tools. • Role and functions of CPFs and CSFs need to be clearly articulated in policy and cross referenced ie the role the CPFs can play as lay station visitors to monitor conditions of custody

15. 3.2 Policing approaches: Gender Based Violence (GBV) • The White Paper on Policing must develop a clear policy position and prioritize the need to address challenges in dealing with gender-based violence. The Problem Statement must accurately reflect challenges faced in 'policing' gender-based violence and acknowledge the gendered nature of violence and impact on policing approaches. • Clarification and institutionalization of roles and responsibilities of the police; • The need for inter sectoral cooperation between different government departments and service providers and propose solutions to improve mechanisms required to facilitate greater integration of services; • Capacity constraints; • Training needs; • Accountability and Compliance: improving oversight and performance management; and • A victim-centred approach, which seeks expressly to prioritize, gauge and learn from the way victims experience police service delivery. • Barriers to reporting of sexual offences and domestic violence; and • Challenges in investigation of these offences.

16. 3.2.1 Gender Based Violence (GBV) Capacity: • FCS Units must be strengthened to police GBV and rolled out beyond just one FCS Unit per cluster. Special attention should be given to the relationships between officers and survivors, and officers and prosecutors, and the bearing these have on successful prosecutions. • SAPS forensic social workers are a key skill to effectively policing gender-based violence. SAPS management should embark on a cost-analysis and provide a plan on how they plan to roll out forensic social workers to all police stations.

17. 3.2.2 Gender Based Violence (GBV) Integrated Service Delivery: • SAPS reliance on other service providers impacts on their ability to render effective response and assistance to complainants. • Services provided by Department of Health and Social Development, Department of Human Settlement/Local Municipalities (in the form of access to shelter/ alternative housing etc.) are critical to effective support to victims and survivors, and their families. • Effective mechanisms for engagement with other service providers must be addressed.

18. 3.3 Firearms and Policing - Police use of firearms The White Paper must provide clear principles governing use of firearms by the police including the requirement that the CSP and policing agencies update existing policies and instructions on firearms and use of lethal force. These policies and instructions must address: • Competency requirements for police officers carrying firearms including background checks, training requirements, accreditation and removal of firearms due to negligence or abuse, and disciplinary action. • Appropriate use of firearms in different operational contexts including type of firearm to be used in different situations i.e. the exclusion of R5 military assault rifles in crowd control • Principles governing the use of firearms and lethal force must be subject to requirements of proportionality, necessity and reasonableness. • Capacitating and supporting members through on going accredited training in firearm use, as well as alternative tactics and strategies to lethal force. • Principles related to the safe carriage of firearms and ammunition when officers are on/off duty and safe storage; • Establishment of review processes for all shooting incidents involving officers and requirement for independent investigation thereof.

19. 4. Addressing Inefficiencies - Resource allocation The Challenges highlighted in the Khayelitsha Commission of Inquiry indicate weakeness of current police resource allocation. Recommendations: • White Paper must address the review of SAPS methods for determining human resource allocation. • Human Resource Allocations should be submitted to the PC and provinces. • This should include breakdowns of operational and administrative personnel at all levels including: stations/ specialised units/ headquarters.

20. 5. Prevention and Combating of Human Rights Violations The White Paper must address integration of legislation (Prevention of Torture Act and international obligations into policing policy frameworks and institutional arrangements. Specifically • Human rights of persons in policy custody; • Prompt investigations of torture; • Administrative measures to ensure safe custody; • Effective and regular oversight

21. 6. Strengthening Oversight IPID: • In the interest of fostering the independence of the IPID, it should be removed from the realm of the Police Ministry and afforded status as other independent statutory bodies reporting directly to Parliament, such as the Directorate for Priority Crime Investigation. • The calibre and capacity (training and equipping) of IPID investigators be urgently addressed. CSP • The CSP must develop a clear and comprehensive monitoring evaluation and reporting template to discharge its oversight mandate in respect of the police. The CSP must report regularly to Parliament on this framework. • The White Paper clearly articulate responsibilities and role of the provinces in respect of policing, and establishes clear policy parameters on the obligations of SAPS in respect of reporting and cooperation with provinces

22. Strengthening Oversight Municipal Police Services • Mechanisms to strengthen oversight of MPS must be addressed in the White Paper including relationship to IPID, CSP, and provincial secretariats; and role of municipal councils and oversight mechanisms. Police Inspectorate: • The role of the SAPS Police Inspectorate must be strengthened and reporting systems enhanced to improve quality of oversight. Reports of the Police Inspectorate should should be tabled at meetings of the Portfolio Committee.