Police Sector ReformCase Study: Republic of South Africa

Themba Shabangu25-26 September 2013

Outline

• Quick Facts – South African Police Service.

• Policing Under Apartheid.

• From Apartheid to Democracy.

• Police Reform Dilemma.

• Strategic Agenda for Police Reform.

• Police Reform Processes.

• New Department with Dual Functions.

• Police Legitimacy Building Process.

• Accountability Structures.

• Lessons Learned and Implications for Libya.

Quick facts: South Africa Police Service

Prov

Pop PoliceStations

Crime 03/04

Crime 11/12

LP 5 m11678 (462)

892266,6

1873,3

NW 3 m9399

(1:361)94

4104,9

3061,1

MP 4 M9407

(1:375)86

4300,1

3073,7

FS 3 M11599 (1:255)

1105382,9

4343,9

NC 1 M6452

(1:170)83

6799,4

3793,5

EC 7 M19184 (1:359)

1913780,0

2806,2

KZN10 M

24155 (1:414)

1833864,9

2669,9

GP10 M

34949 (1:277)

1278158,9

4576,1

WC 5 M19692 (1:245)

1469632,1

6601,9

George Fivaz 1995-2000

Bheki Cele2009-2012

Jackie Selebi2000 - 2008 Riah Phiyega

2012 to date

Provincial Provincial Commissioners Commissioners

appointed by Nat Com appointed by Nat Com in consultation with in consultation with

Prov Prov

Provincial Provincial Commissioners Commissioners

appointed by Nat Com appointed by Nat Com in consultation with in consultation with

Prov Prov

President Appoints President Appoints National Commissioner National Commissioner for a Five Year Term. for a Five Year Term.

Term extendable. Term extendable.

President Appoints President Appoints National Commissioner National Commissioner for a Five Year Term. for a Five Year Term.

Term extendable. Term extendable.

Total Police Total Police Personnel = 200 Personnel = 200 000000

Total Police Total Police Personnel = 200 Personnel = 200 000000

Police to Pop Police to Pop Ratio = 1:303Ratio = 1:303Police to Pop Police to Pop Ratio = 1:303Ratio = 1:303

Police Stations= Police Stations= 11461146Police Stations= Police Stations= 11461146

Fin Year 2012/13

White 11,86%Indian 2,66%Coloureds 10,65%African/Black 74,83%

Total Women = Total Women = 36%36%Total Women = Total Women = 36%36%

Civilians = Civilians = 4184941849

Civilians = Civilians = 4184941849

Sworn Officers = Sworn Officers = 157 518 157 518Sworn Officers = Sworn Officers = 157 518 157 518

Total Police Total Police Budget = $6,8 Budget = $6,8 BillionBillion

Total Police Total Police Budget = $6,8 Budget = $6,8 BillionBillion

Policing under Apartheid10 “Independent States” & 11 Police Forces - “right ethnic base”, gender and race.

State Security priority over citizen safety

Police were militarised, protected, law unto themselves

Police spent 10% of their time & resources on crime prevention & investigation.

Police kidnapped, tortured, killed, detained without trial political activists/suspects

Police were considered apartheid agents and unpopular.

From Apartheid to Democracy

• Nelson Mandela was released from prison on 11 February 1990.

• National Party Government – apartheid architect – unbanned Political Parties and legalised their activities.

• Multiparty negotiations From December 1991 - Interim Constitution of the Republic of South Africa.

• The Constitution became the Supreme Law for RSA.

• RSA became a unitary state with elements of federalism.

• It included the Bill of Rights, including inalienable rights of detained persons

• Agreed not to establish a federal but one national and accountable Police Service.

Police Reform Dilemma

• Public Service, including the police, were established to maintain apartheid!

• Sunset Clause and Amnesty from Prosecution.

• Liberation but crime and violence increased threating RSA’s democracy.

• Maintain stability within the limits of a liberal democracy - however the norms and institutions of democracy were unfamiliar and foreign to large section.

• Ruling party had no policing experience and capacity.

Key Police Reform Strategic Agenda

• Use Existing Police Personnel to establish new Police Service but;

•Ensure they are apolitical and are accountable!

•Citizens must see and perceive them as the legitimate agents of the new regime!

•Demilitarise the Police!

•Be re-orientate the police to operate within Constitutional Democracy.

• Retraining and resourcing dealt with last two issues.

Establish a New Police Service

• President Appoints; • Political Head who is a diplomat and not a military Person.• Administrative head, from within the Police, George Fivaz, to lead the

new police.

• Set up Ministerial Committees with clear Terms of Reference of reference and timelines to;• Determine new operational boundaries and rationalise the forces. • Develop a New Police Act that comply with the Constitution of the

Republic of South Africa.• Amalgamate 11 Police Agencies and statutory forces onto one Police

Agency, rebrand and rebuild new Police• Ministerial Committees are representative of all 11 Police forces and

statutory forces.

• Civil society and International experts provide technical assistance to Ministerial Committees

1111

2222

3333

Minister & Deputy Minister & Deputy Minister Minister

Minister & Deputy Minister & Deputy Minister Minister

Secretariat of PoliceSecretariat of PoliceSecretariat of PoliceSecretariat of PoliceIndependent Police Investigative Independent Police Investigative DirectorateDirectorate

Independent Police Investigative Independent Police Investigative DirectorateDirectorate

Object (s205 (3))1. Prevent, combat & investigate crime.2. Maintain Public Order3. Protect and Secure inhabitants and their properties4. Uphold and enforce the law

Object (s 3)1. Advise Minister of his/her powers, performance of duties & functions2. Promote Democratic Accountability & Transparency of SAPS 3. Develop and Monitor poling policy implementation 4. Evaluate SAPS functioning and report to Minister

Object (s 3)1. Conduct independent and impartial investigation of criminal offences committed by SAPS and MPS,2. Make appropriate recommendation (either internal disciplinary or criminal prosecution of SAPS/MPS suspect.

Ministers CommitteeMinisters Committee* Policy discussion (review, evaluate) and * Policy discussion (review, evaluate) and alignment of policing needs & Gov alignment of policing needs & Gov PrioritiesPriorities* Formalise Political Direction* Formalise Political Direction* Coordinate operational and supporting * Coordinate operational and supporting functioning of Deptfunctioning of Dept

Executive Coordinating CommitteeExecutive Coordinating Committee* Coordination & cooperation with * Coordination & cooperation with Provincial sphere of governmentProvincial sphere of government CabinetCabinetCabinetCabinet

Powers and function separate & defined in Constitution and SAPS

Act

Independent Civilian Oversight structures

New Department: Safety and Security

Legitimise the New Police

Accountability Mechanisms

• Parliament

• Multi-party Police Portfolio Committee

• Independent Police Investigative Directorate

• Civilian Secretariat for Police

• Auditor General

• Community Police Forum

• Judicial Review

Questions & Answer session in the National Assembly

Budget allocation, Performance Review

Invest Crime committed & abuse by Police

Monitor Police Conduct

Assess appropriate use of Public Funds & outputs

Police Service Delivery report

Verify adherence to Rights of Offenders & Civil litigation For abuse of power

ALL MPsALL MPs

AccountantsAccountants

CourtsCourts

CiviliansCivilians

Com & PoliceCom & Police

Proportional RepresentationProportional

Representation

Lessons Learned• Efficiency in Policing Opposition to the State Does Not Easily Translate to

Efficiency in the Prevention and Investigation of Crime. • Effectiveness of Accountability Structures is Dependent on Skills and Sector

Knowledge.

• Police Reform Process Should Aim to Retain Skilled & Experienced Police Officials who Served Previous Political Dispensation.

• Police Legitimacy is Dependent on Ability to Manage Crime and Police Integrity.

• Community Policing Forums Improved Police-Community Relations.

• Process to Recruit and Retain Senior Police Managers Affects the Independence of Police Institution from Political Influence.