CRIMINAL JUSTICE SYSTEM (CJS)REVIEW

1. CRIMINAL JUSTICE SYSTEM (CJS)REVIEW Detective Dialogue: “Role of detectives in the fight against crime” 5 September 2012

2. 2007 CJS Recommendations to Cabinet 1. CJS Identified Challenges • Dysfunction, blockages and other systemic weaknesses: • Different and disparate legislative and policy frameworks, as well as mandates; • Crucial alignment aspects relating to policy and/or legislative gaps; • The lack of an integrated national criminal justice system. We have a sequence of separately run departments/agencies ostensibly coordinated through a cluster of Ministers and DG’s, but which is not focused on lower level dysfunction; • The “system” is highly dependent on each department/agency functioning optimally and dysfunction is often accommodated through adjustments in practice and not on sustained corrective actions. • A lack of coordinated cross-cutting Management Information Systems • Formal structures for coordination only exist nationally; coordination is not sufficiently hands-on, with fragmented or little collective management.

3. 2007 Proposed Way Forward • Establishing an orderly, integrated and cumulative approach to establishing a new, modernised, efficient and transformed CJS, was recommended with: • (a) An initial focus on blockages and issues that will substantially and in a sustainable manner improve investigation and adjudication within the CJS, including the reduction of cases, improved case flow and reduced case cycle times; and • (b) Immediate and intermediate changes, with concomitant positive results, that could serve as a forerunner of a well-coordinated and managed CJS. • identification and elimination of challenges and obstructions relating to laws, procedures, processes and structures; • focussed problem identification, speedy implementation of solutions and the ability of all role players to perform effectively; • practical proposals leading to performance improvements (speed) and effectiveness of all component parts of the CJS; • identification and elimination of dependencies and inhibitors in component parts and from an overall CJS perspective; and • Regional courts, where most serious and violent crimes are being heard, would receive special focus and attention.

4. 3. CJS Macro Interventions: Alignment • The CJS Review in the early stages focused on the alignment of all the CJS stakeholders and facilitated the approval of the following actions: • An agreed “CJS Overall Vision and Mission Statement” that was signed-off by the JCPS DGs and Ministers; • The development of a Crime Scene Management Manual and an Investigation Manual in conjunction with the Detective Services of SAPS. • The procurement of budget specifically for the purpose of financing component areas of the CJS that required urgent fixing. In this respect additional funds were procured by the CJS Review from National Treasury (R200 million; R900 million; and R1 850 million for financial years 2009/10/11). The funds were utilised to: • - Increase the efficiency and effectiveness of the SAPS Forensic Science Laboratories (FSL); and • - Capacitate the SAPS Criminal Record Centres (CRC), including upgrades and expansion to the Automated Fingerprint Information System (AFIS). • SAPS indicated that the present allocation of R1 942 million will be utilised to further capacitate SAPS CRC and FSS (R1 100 million for technology and R842 million for building operations and requirements). Bids from other departments will, however, also be considered by the JCPS Development Committee on a continuous basis.

5. 3. CJS Macro Interventions: Alignment Protocols that were finalised and are being implemented

6. 3. CJS Macro Interventions: Alignment (continued) Work in Progress Protocols

7. 4. CJS Recommendations in respect of Detectives • The changes that are relevant to the detectives are Change Four that deals with component parts and Change Five that deals with data integration and modernisation. • Change Four: • Implement all the proposed key priorities identified for the component parts of the CJS, which are part of or impact upon the new court process, especially as it relates to the reprioritisation or reallocation of resources for the creation of new or substantial increase of existing capacity in the relevant core departments/agencies. • The key priority for the detective services of the SAPS focuses on: • A substantial and immediate increase of the number of detectives; • A concomitant substantial increase in facilities and equipment; and • A detailed plan for the retention of skilled and experienced detectives.

8. 4. CJS Recommendations in respect of Detectives (continued) The envisaged outcome of Change of the Detective Services of the SAPS: (i)Enhanced effectiveness and efficiency of investigations of reported crimes through appropriate, accelerated and focussed detective training. (ii) Improve the quality of investigations with increased detection and apprehension of criminals; (iii) Reduce caseloads, improve the number, quality and cycle times of trial-ready dockets; (iv) Substantially increase the number of detectives (at the time there were 21 849 detectives. The number of detectives as at 31 March 2011 was 37 402 with a year end establishment of 37 603 [0.5% overall vacancy rate]). At the same time SAPS reported vacancies in levels 6 – 8 (highly skilled production investigators – 3.1%); levels 9 – 12 (highly skilled supervision – 14.6%); and levels 13 – 16 (senior management – 9.3%). (v) Provide detectives with the “tools of their trade” such as mobile phones and vehicles;

9. 4. CJS Recommendations in respect of Detectives (continued) • The envisaged outcome of Change of the Detective Services of the SAPS (continued): • (vi) Retain skilled and experienced detectives and attract graduates as well as already skilled and experienced investigators, by providing for: • a. the detective service being the preferred or sought after employment option in the SAPS; • b. the introduction of a new, different, attractive and specialised career-pathingoption for detectives, and • c. the substantial decrease of the time spent in basic training for graduates and persons with relevant prior experience (presently all receive 18 months basic training).

10. 4. CJS Recommendations in respect of Detectives (continued) • The envisaged outcome of Change of the Detective Services of the SAPS (continued): • (vii) Establishment of new posts of senior detectives in designated courts in metro’s and large towns to oversee the quality of investigations and the “sifting” of trial-ready dockets in preparation for effective prosecutions; • (viii) Establishment of new posts of legally qualified persons in the detective services to assist and advise detectives thereby improving the quality of investigations; • (ix) The newly appointed senior detectives in designated courts, in conjunction with the NPA, must establish a “sifting” mechanism at each court, to identify trial-ready dockets, by reviewing dockets, interviewing witnesses early and participating in further actions by SAPS that will facilitate efficient and effective prosecutions; and • (x) Reducing court caseloads by the effective utilisation of alternative criminal justice mechanisms, such as Police Bail, Plea Bargaining and Admission of Guilt, diversion and ADR mechanisms.

11. 5. Recommendations in respect of Change Five • Change Five: • Establish an integrated and seamless National CJS IT database / system containing all information relevant to the CJS, the source of which will be information owned, provided and authenticated by the relevant departments or agencies. • The Integrated Justice System (IJS) programme has been re-prioritised to focus on 5 areas and has started to deliver on its mandate: • Data exchange agreements have been signed by all the stakeholder departments (SAPS, NPA, DOJCD, DCS and DSD). • The 28 KPI reporting system is reaching a point where its first deliverables will become available to the Departments soon. The data sources are being updated at present. • The docket ready, docket request and postponement date integration between SAPS and DOJ&CD are now in production at 20 identified court districts that are serviced by 99 SAPS stations. Further rollout is now being planned. • Legal Aid SA is receiving legal assistance request messages from the 99 SAPS stations associated with the 20 identified court districts.

12. 6. SOME GAPS • THE PSC REPORT OF 2011 • The PSC report, dated September 2011 but only tabled in Parliament recently, alleges inadequate training for detectives serving at almost all the police stations visited by the PSC during the course of its inspections. • Detectives complained to the commission that, after completing their basic detective learning programme course, training stopped and they were not given “continuous training in these areas to enhance their detective skills”. In fact, the commission probe found that at certain police stations, officers working as detectives had not even completed the basic course for detectives. • The report goes on to cite research which suggests that up to 4 845 of the country’s approximately 25 000 detectives – or nearly 20 percent – have not completed the basic course. • This follows the recent revelation that more than 27 000 police officers on active duty had failed firearm proficiency tests. • Half of all stations had no or inadequate computers and that a quarter did not have a sufficient number of police vehicles. • The report noted that detectives were being hamstrung by “severely compromised” forensic laboratories run by the Department of Health • Also, the commission found discrepancies between statistics at police headquarters about the number of detectives, computers and vehicles in service when compared to the figures reported by police stations themselves. As a result, the commission has recommended that the police conduct a nationwide “resource audit” to try to determine the true state of affairs.

13. 6. SOME GAPS cont. • NPA INPUT • Training required: • Dealing with Juveniles (the Child Justice legislation) • The drafting of affidavits (this also applies to charge office and uniform personnel who often are the first persons to receive the complaint) – often A1 is incomplete and supplementary affidavits are required (which increases the possibility of inconsistencies between statements); illegible statements (making it more difficult to read the dockets) • What constitutes unconstitutionally obtained evidence and when such evidence will be considered inadmissible • Bail applications – responsibility of detectives with regard to investigation the personal circumstances of the accused • Asset forfeiture – considering whether this may be applicable and the evidence required • Capacity: • Insufficient staff mean that detectives carry too many dockets, which extends the length of time required to conclude investigations and the additional time impacts on the age of the cases, the ability of witnesses to recall the event and the length of time persons spend in remand detention; many detectives are not at court when the trial proceeds) • Shortage of motor vehicles (this impacts on investigations and getting dockets to court; when dockets arrive late or not at all the court proceedings are impacted; the service of witness subpoena’s are also affected and witnesses are often not given enough notice of when they will be required at court) • Experienced staff lacking branch commanders are seldom able to give direction or guidance)

14. 6. SOME GAPS cont. • NPA INPUT cont • Processes • Pre-mature arrest  - there still seem to be stations driven by number of arrests – which mean that persons are arrested unnecessarily, court time is needlessly consumed and there is unnecessary pressure on detectives to finalise their investigations; other detectives feel their job is done when the docket goes to court and do not proceed with any further investigation. • Matters that are withdrawn – where matters are withdrawn or struck off the roll as a result of outstanding investigation or the refusal of magistrates to postpone the case for further investigation, dockets are often filed and the investigation is not completed. Certain offices have re-screened such cases and placed some of them back on the roll after the further instructions were complied with. • Assigning of cases to investigate – often dockets are assigned to the detective on duty – irrespective of his/her level of experience – rather than assigning dockets according to the required experience and skill

15. 6. On the positive side • Certain general successes have been noted: • Greater National leadership and intersectoral collaboration is starting to pay dividends with expediting of dockets and cases ready for court. • There are improvements in investigations, leading to less withdrawals on a year to year basis. • Monitoring of cases are improving. • Lesser charges – in certain areas investigations are carried out and completed promptly and cases can be finalised almost immediately. • Screening – where the Protocol has been implemented and senior experienced detectives are involved in screening this has led to better quality investigation; the allocation of equipment and access to the CAS system has also improved the outcomes.

16. THANK YOU