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South African Police Service Briefing on Safety at Sports and Recreational Events Implementation

Briefing on the implementation of the Safety at Sports and Recreational Events Bill, 2009 by the South African Police Service to the Portfolio Committee on Police National Commissioner. Focus on policing provisions, financial implications, and suggested amendments for effective execution of the bill.

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South African Police Service Briefing on Safety at Sports and Recreational Events Implementation

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  1. IMPLEMENTATION OF THE SAFETY AT SPORTS AND RECREATIONAL EVENTS BILL, 2009 [B7-2009] BY THE SOUTH AFRICAN POLICE SERVICE BRIEFING TO THE PORTFOLIO COMMITTEE ON POLICE NATIONAL COMMISSIONER SOUTH AFRICAN POLICE SERVICE 8 SEPTEMBER 2009

  2. FOCUS OF THIS BRIEFING • POLICING PROVISIONS CONTAINED IN THE BILL BEFORE PARLIAMENT • FINANCIAL, COST AND RESOURCE IMPLICATIONS FOR THE SAPS IN IMPLEMENTATION OF THE PRINCIPLES CONTAINED IN THIS BILL

  3. POLICING PROVISIONS • Legislation assigning functions to SAPS normally assigns criminal procedural powers or duties (eg. search and seizure) • Bill before Parliament goes further • Minister of Sport administers Bill • Impacts on manner in which the National Commissioner should manage SAPS • Independent regulatory powers of Minister of Police are limited

  4. POLICING PROVISIONS • Clause 31of the Bill assigns powers to make regulations • Clause 31(1)(a) and (h) gives Minister of Sport power to make regulations without consulting on issues which could influence the National Commissioner’s functions • Minister of Police may make regulations, but must consult with Minister of Sport, affecting the independence of policing strategies

  5. POLICING PROVISIONS • Police functions (powers and duties) are assigned to the Minister of Police and the National Commissioner under sec 205 to 208 of the Constitution • As a result, it is respectfully submitted that current Bill must not contain policing provisions subject to the powers of another department • The main question is where the Constitutional function of securing the safety of the public lies. • In terms of section 205 of the Constitution, the SAPS is responsible for the safety of the public

  6. WAY FORWARD: AMEND BILL [B7-2009] • If Committee wants to retain Bill in present format, SAPS submits that independent policing is essential • Clauses 5(10)(a); 6; 19(8); 20(6); 23(2) and all regulatory provisions, including clause 31 are examples of functions which are not distinct • Functions must therefore be purified and administration of Bill divided under sec 97 of the Constitution, 1996 (Act No. 108 of 1996)

  7. WAY FORWARD: AMEND SA POLICE SERVICE ACT, 1995 (Act No. 68 of 1995) • One option is to amend the SA Police Service Act • Insert various definitions • Insert Chapter 6B with similar provisions as are contained in Bill into SAPS Act • Advantage: • Information is accessible to event organisers

  8. WAY FORWARD: STAND-ALONE LEGISLATION: SPLIT BILL [B7-2009] • Split current Bill into two separate and distinct Bills • Distinguish between safety issues related to health, structural integrity of stadiums etc and safety and security issues related to policing • Advantage: • Two Bills may be linked to be accessible to event organisers

  9. PREFERRED WAY FORWARD: AMEND REGULATION OF GATHERINGS ACT, 1993 (Act No. 205 of 1993) • Insert various definitions • Distinguish between political, cultural, sporting and recreational events • Provisions similar to present Bill, inserted into Regulation of Gatherings Amendment Bill • Advantage: Information is accessible to event organisers and it consolidates legislation pertaining to gatherings of all kinds.

  10. OTHER ISSUES • The Sports and Recreation issues can be dealt with in the present Bill. • The policing issues can be dragged from the present Bill and inserted in a Regulations of Gatherings Amendment Bill. • The evidence heard by Parliament will remain valid. • The two Committees could still jointly consider the “purified” Bill and the Regulation of Gatherings Amendment Bill.

  11. FINANCIAL, COST AND RESOURCE IMPLICATIONS • The SAPS is presently applying the same principles as are contained in the Bill when policing an event: • Authorised members are appointed • Establish a SAPS managed safety and security planning committee for each event • Draft safety and security plan for each event

  12. FINANCIAL, COST AND RESOURCE IMPLICATIONS CONTINUED • Establish Venue Operations Centre for an event, when required • Draft VOC safety and security plan • Assign functions to role players • Co-ordinate functions of role players in the committees • No negative or additional financial, cost or resource implications

  13. THANK YOU

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