11 November 2009

1. Presentation by the Interdepartmental Task Team facilitated by the Office for Criminal Justice System Reform (OCJSR) regarding the implementation of the provisions of the Criminal Law (Forensic Procedure) Amendment Bill (Phase 1) 11 November 2009

2. Introduction Presentation Framework

3. We will deal with …….. • The Office for Criminal Justice System Reform • The OCJSR approach relative to the Bill • The OCJSR Bill Implementation Task Team • Phased Implementation Approach • The Bill relative to other CJS interventions • Implementation Summary (for the immediate requirements of the Bill) • Implementation Preparation • Implementation Matrix • Detailed Implementation Plans • Phased Implementation Summary • Funding Plan • IJS Board • Conclusion

4. THE OFFICE FOR CRIMINAL JUSTICE SYSTEM REFORM • The Office for Criminal Justice System Reform (OCJSR) is the vehicle through which the package of seven fundamental and far-reaching transformative changes to the Criminal Justice System, as approved by Cabinet, is being effected; • The OCJSR is an interdepartmental initiative comprising representation on a permanent as well as ad hoc basis, from all JCPS Departments as well as other CJS stakeholders such as the Departments of Health, Home Affairs, Legal Aid South Africa and interaction with the Judiciary, as required – refer to the list of stakeholders on the next slide; • The activities of the OCJSR flows through the JCPS Cluster and is co-ordinated by the Minister of Justice and Constitutional Development; and • The briefing by the OCJSR today is in line with a request that an Interdepartmental Task Team deal with the implementation aspects relating to the Bill in an integrated and holistic manner.

5. OCJSR APPROACH RELATIVE TO THE BILL • The general approach of the OCJSR is to do thorough and inclusive analysis of the inhibitors and enablers impacting on the efficiency of the CJS, before recommending possible solutions to the JCPS Cluster. In the case of the Bill, existing legislation and regulations in South Africa together with a comparative overview of recent crime scene and forensic developments in other jurisdictions, were considered in respect of fingerprinting and DNA evidence. • The inclusive approach by the OCJSR involved, amongst other things, the dissemination of research findings amongst representatives from the South African Police Service (SAPS), Department of Home Affairs (DHA), Department of Correctional Services (DCS) and National Prosecuting Authority (NPA) for comments, clarification and discussion purposes. The Bill was drafted against the background of the research paper. • The Bill was distributed to representatives from the SAPS, DHA, DCS and NPA for comment and this was followed by the development of documentation for the Cabinet through an inclusive process that involved all stakeholders and resulted in the approval by Cabinet of the draft Bill on 3 December 2008.

6. OCJSR Pieter du Rand (DOJ&CD) Willie Scholtz Marie Schouwstra SAPS Divisional Commissioner Piet du Toit Assistant Commissioner T J V Khunou Assistant Commissioner Marlene Meyer (SAPS ISM) Snr Supt Leon Odendaal Supt Pieter Müller Supt Almarie Wepener (CRC) Snr Supt Joe Smith (FSL) Director Willie Meyer (SAPS ISM) Snr Supt Jan Barnard (SAPS IJS) Snr Supt Nissa Pillay (ISM) Department of Correctional Services Joseph Lethoba (IT) Lloyd Dlamini (SD) Department of Home Affairs Gert Reyneke (HANIS) Philemon Ledwaba Tshepo Maile (IJS) Rantho Collins (IS) Nathaniel Sebolai Department of Transport Zerk Bester Werner Koekemoer Daniel Sodladla (eNatis) IJS Sharon Thomas (IJS Board) A/ Comm Marlene Meyer Jim Green SITA Johan Entres THE OCJSR BILL IMPLEMENTATION TASK TEAM

7. PHASED IMPLEMENTATION APPROACH Cabinet approved the following: “The implementation of the Bill will take place incrementally over a period of time in order to allow for the recruitment and training of key role players (such as crime scene experts, forensic analysts and detectives), the development of systems and IT infrastructure.”

8. THE BILL RELATIVE TO OTHER INTERVENTIONS The CJS interventions that were identified by the OCJSR, in conjunction with stakeholders, include: • Legislative reform (such as the Criminal Law Amendment (Forensic Procedures) Bill); • Increased manpower and manpower retention systems; • Improved business processes and protocols; • Effective training; • State-of-the-art tools and equipment for crime scene detection, forensic analyses and criminal record centres; and • Effective information technology systems. Interventions aimed at revamping component parts of the CJS commenced during 2008 (some even earlier). In the case of the SAPS Division: Forensic Science Services and the Criminal Record Centre, good progress has been made against the interventions listed above. The interventions is not in conflict with the provisions of the Bill, but is in fact supportive thereof. Note: The National Treasury made an initial allocation of R3.0 billion over three years available to the CJS Review on the understanding that the funds will be used toward the establishment of a platform that will facilitate the implementation of all the above interventions in a phased manner.

9. IMPLEMENTATION SUMMARY • A clause by clause review of the Bill by the cross functional Implementation Team, led by the OCJSR (attached matrix) has indicated that: • The major provisions of the Bill can be implemented upon promulgation (but it should be noted that some clauses may be dependent upon some modifications and infrastructure upgrades relating to existing IT Systems) (AFIS, CRIM, JUDISS); • Inhibitors, including the IT Systems mentioned above, can be addressed by 31 March 2011, with the exception of electronic integration of fingerprint data from other governmental databases, which can be dealt with manually in the interim; • The full integration of databases, which is the ideal, is not specified by the Bill, but is part of the broader government strategy regarding modernisation, rationalisation and integration of systems between Departments. Since this is not a requirement of the Bill it will not impact on the current implementation plans; and • We will deal with the detail of these elements later in the briefing.

10. HOLISTIC INTERDEPARTMENTAL IMPLEMENTATION STEPS (PHASE ONE OF THE BILL) It is all systems go!

11. IMPLEMENTATION MATRIX Refer to handout

12. IMPLEMENTATION PLANS Available for scrutiny 12

13. PHASED IMPLEMENTATION SUMMARY Some of the operational requirements are in place to support the Bill as it presently stands and others can be provided for within a reasonable timeframe from promulgation of the Bill, if required; Certain IT and systems capacity dependencies, however, require a phased implementation as follows: AFIS System Upgrade (phase one): 4th Quarter 2010 Existing System will partially cope in the interim Upgrade (phase two): 4th Quarter 2011 Will create capacity for full volume inflow Other SAPS IT Systems CRIM 4th Quarter 2010 JUDISS 4th Quarter 2010 All the above is dependent on the coming into operation clause contained in the Bill. It is recommended that a phased approach be followed. However, should a “Big Bang” approach be preferred then a coming into operation date of 1 January 2011 will be appropriate. 13

14. PHASED IMPLEMENTATION SUMMARY SAPS: From a SAPS perspective, the promulgation of the Bill will impact operations from two main areas, namely (i) the increased operational requirements due to the need to capture fingerprints and photographs of suspects in all categories of crime (sec 36B refers), and (ii) the benefit that SAPS can obtain from the removal of historic barriers to information sharing (sec 15B refers). Department of Home Affairs (DHA): DHA can already provide information to SAPS. Person Identity Verification Application (PIVA) has been initiated and the client side application development completed and is ready for testing. Integration specifications are being finalised to establish the integration between the IJS transversal hub and the HANIS verification capability to complete the development of this project. DHA has committed under the POA to complete this integration by December 2009. Department of Transport (DOT): Manual requests for information using an SA-ID number on the eNATIS database can be provided by DOT. Department of Correctional Services (DCS): DCS is currently busy with the development of a fingerprint and photographic enrolment modules for both their current Admissions & Release System (A&R) and for the future Remand Detainee Offender Management System (RDOMS). 14

15. IJS BOARD The Integrated Justice System Board (IJSB) under the JCPS cluster have for a number of years been engaged in the development of interdepartmental information sharing systems as part of the cluster's modernization drive. The development thereof continues to be focussed on three main areas development, namely: Departmental business process modernization and enablement focussed on the Case, Person and Person Identification, Exhibit and Property Management capabilities; Information exchange through the IJS Transversal Hub systems, where all information is normalised into a common language (SAJXML) and exchanged between departments; and The development ultimately of a cluster-wide business performance management system (IJS-BI/GIS) and supporting services based on the single end-to-end view of the criminal justice system enabled by the information exchanges passing through the IJS Transversal infrastructure. The committee should note that much of the IJS Programmes work to date has been focused on establishing the core building blocks to support an integrated cluster-wide person investigative and management capability. In respect of the sharing of identity information between the SAPS, DHA and DOT, the IJS facilitated a two day initial requirements workshop on 23-24 March 2009 between the parties and representatives of the Office of Criminal Justice Reform (OCJSR). This helped clarify a number of requirements. 15

16. FUNDING CONSIDERATIONS The National Treasury, upon the intervention and motivation by the OCJSR, made an initial allocation of R3.0 billion over three years available to the CJS Review; The OCJSR recommended that the funds be used towards the improvement of forensic and fingerprinting services; Project plans, in anticipation of the approval of the Bill, is being finalised in support of the achievement of the stated objectives of SAPS and the CJS; The funds is estimated to be sufficient to cater for the improvement of the fingerprinting services, including the requirements laid upon the system by the Bill, for the next three years; and National Treasury has confirmed that the three billion rand, over the current three year MTEF cycle, is available subject to the final approval of the Minister of Justice and Constitutional Development, as coordinator of the CJS Review. More detailed information can be provided if required. 16

17. BUDGET SUMMARY

18. BUDGET SUMMARY cont. The additional amounts that have been made available for Forensic Services via the OCJSR is R900 million for 2010/2011 and R1 850 million for 2011/12. The amounts above are thus well catered for and leaves scope for the implementation the DNA elements (Phase Two). Funds should be available for HANIS and eNATIS interfaces as and when required for the non-automated interfaces to their databases. National Treasury has indicated that they support the Bill.

19. CONCLUSION • The OCJSR Implementation Team wishes to assure the Portfolio Committee that • There has been consultation during the pre-drafting and drafting stage of the Bill; • Consultations also took place before the Bill was approved by Cabinet; • More recently, and specifically during the last week, the OCJSR worked with all the parties to review the implementation plans and the state of readiness of each participating department; • It can be categorically stated that all implementation aspects are on track and that there is a clear understanding of what is required by individual role players as well as by the CJS overall; • It is thus recommended that the Portfolio Committee give consideration to the Bill with the knowledge that the inevitable risks associated with the implementation of a project of this magnitude are manageable; and • By approving the Bill, Parliament will provide the SA CJS with an excellent platform for a more effective and efficient CJS.

20. THANK YOU