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PRESENTATION
Enforcement and Prosecution
ORGANOGRAM
Introduction
The objectives of Prosecution:To ensure that offenders are made amenable
to Justice.The ultimate aim is to ensure that persons
are held to account before the law – the sum total of all efforts employed by officials may equal zero, but it is the Order of the Court that will ensure that compliance will be achieved due to consequence
Enforcement Video
Enforcement
Introduction
The Enforcement and Prosecution Branch, amongst other tasks, focuses its efforts in the following areas: Enforcement of the National Building Regulations and
Standards Act; Enforcement of the Planning and Development Act; Enforcement of the Building and other By-Laws relevant to
the offences in this specific sector; Support Service to Legal Unit, Real Estate and other
Secondary Enforcing Departments; and Facilitation of all matters escalated to both Magistrates and
High Court
Building Inspectorate Process
Manual ProcessContravention Book
BPM Process
Check Section NBR’Check Particulars of AccusedCheck for Stop Work
Verify that Contra is still prevalent. Confirm particulars
Case is transferred onto EO’s work queue
The first phase of the 14 day turnaround commences
Prosecution on S54 Summons – NO AG
Prosecution is executed on a S 56 CPA. Notification of RightsMetro Police Process a Summons and Summons Server or EO servesSummons served at all hours. Fines Processing Data Base for Stats. Spread sheet update by EA
ON authority from DH. Set meeting with Legal
Consolidate all evidence pertaining to the site
Obtain a warrant if non compliant
Obtain Warrant if no compliance with Summons
Integrated Enf0rcement Forums and JEAT
Daily Briefing Sessions
Increase Service of S 56
A/H Service Summons
2-10 Shift to Serve S56
Masters/Deeds Office
Current Interventions to improve Effectiveness
Consider Rate Coding
Receive Complaint/Case
From BI
EA Logs onto Data Base
Case is checked by RC for
Correctness
EO Receives Case and Conducts Record Check
Contact Offender arrange site visit
EA Distributes to EO
Conduct Site Visit and prosecute if
possible
Return to Office and Fill a full
statement
Motivation to D/Head DM
Escalate to High Court
BI Serves Second Notice
Serve Summons and e-mail BI to
Update
National Building Regulations and Standards Act
OR
Second Phase
Third Phase
Fourth Phase
Obtain Order from High Court and Monitor for
Compliance
No AG Summons served on the
accused
Land Use Management Process
Receive Complaint/Case
Expired Notice From
LUM’s
EA Logs onto Data Base
Case is checked by RC for
Correctness
EO Receives Case and Conducts Record Check
Contact Offender arrange site visit
EA Distributes to EO
Conduct Site Visit and prosecute if
possible
Return to Office and Fill a full
statement
Motivation to D/Head DM
Escalate to High Court
Serve Summons and e-mail LUMs
to Update
Contravention in terms of the
Planning Development Act
OR
Second Phase
Third Phase
Obtain Order from High Court and Monitor for
Compliance
Manual ProcessContravention Book
BPM Process
Check Section PDACheck Particulars of Accused
Verify that Contra is still prevalent. Confirm particulars
Case is transferred onto EO’s work queue
The first phase of the 14 day turnaround commences
Prosecution is executed on a S 54 CPA
Metro Police Process a Summons and Summons Server or EO servesSummons served at all hours. Fines Processing Data Base for Stats. Spread sheet update by EA
ON authority from DH. Set meeting with Legal
Consolidate all evidence pertaining to the site
Obtain a warrant if non compliant
Consider Illegal Rate Coding
AbbreviationsEO: Enforcement OfficerEA: Enforcement AssistantRC: Regional Co-ordinatorLUM’s: Land Use ManagementBPM: Business Process Management SystemCPA: Criminal Procedure Act
Important Definition
“peace officer” includes any magistrate, justice, police official, correctional official as defined in
section 1 of the Correctional Services Act, 1959 (Act 8 of 1959), and, in relation to any area, offence, class of offence or power referred to in a notice issued under section 334 (1), any person who is a peace officer under that section;
[Definition of “peace officer” amended by s. 4 of Act No. 18 of 1996.]
Arrest by Peace Officer
Section 40 Criminal Procedure Act and Regulations
Appointment Card
Method of Securing the Attendance of the Accused in Court
38. Methods of securing attendance of accused in court.—The methods of securing the attendance of an accused in court for the purposes of his trial shall be arrest, summons, written notice and indictment in accordance with the relevant provisions of this Act.
Summons – Sect. 54 CPA - Discuss Process
Written Notice – Sect. 56 CPA:
Full Statement / Annexure/ Fines Processing System/Warrants/Summons
Admission of Guilt Fines
Discussion of “Spot Fine”
WRITTEN NOTICE
FULL STATEMENT
NOTIFICATION OF RIGHTS
The Essence of the New Strategy
Increase Admission of Guilt 2ND Notice New AG
Empower the Enforcement Officer Internal Training New Accreditation and additional powers
Appoint Summons Servers Specifically for DPEM Notices
Streamline/Rationalize Processes All regions: Documentation – Processes – Protocols
Linkage to Metro Fines Processing With limitations
Business Process Re-engineer ICSM – BPM – DMS – DATA BASES
SLA’s with Police – SAPS /METRO Training of Peace Officers Certification Accreditation Appointment Renewal
The Essence of the New Strategy
SLA’s with Fines Processing and Court Clerks Processing Summons Issuing Warrants Executing Warrants Managing Court Rolls
Increasing Resources Employ Enforcement Officers Regional Coordinators Summons Servers
Integrated Modus Operandi Night Ops Regional Integrated Enforcement Forums
SWOT Analysis Session – Workshop 2008
Weaknesses
Lack of guidance on project selectionLack of required enforcement capacityExisting legislation is antiquated – Requires reviewingLegislation is also fragmented, requires consolidationEnforcement officers status to be elevatedLack of incentive for enforcement officers – (remuneration)Lack of training and support from the justice fraternitySanctions are inadequateLack of co-operation and communication between Dept/BranchesLack of resources, eg. Cameras, unmarked vehiclesLack of personal safety equipment
Threats
Lack of buy-in and support from all role-playersAbsence of clearly defined roles and responsibilitiesInadequate support from the NPA, sanctions and decisionsVariation in enforcement operating standards in different areasPolitical interference in areas may compromise enforcement
SWOT Opportunities
Opportunities
Professional recognition to enforcement officer’sTraining Accredited Enforcement Officer: Multi Skilled/SpecialisationEstablish interdepartmental and intergovernmental linkagesIncrease communicative efforts to empower and increase understanding – both internally and externallyIntroduce levies for industrial concerns – to establish reserve funds for emergency situations and incentives for compliance (non pollution)Municipal Courts to be established in all regions, to cover entire cityCreative use of civil remedies, eg. those entrenched in contracts
Workshop Recommendations
Integrated enforcement (co-operation and co-ordination of individual departments/branches) – limited multi-disciplinary tasking
Specialised legal support with regards to branch specific needs Public education/awareness to encourage reporting of contraventions Thorough review of enforcement officer’s – salary/safety/training Creation of multi-disciplined task teams to cover the city Effective financial management from the billing, to project selection process:
Must cater for special levies to resource special operations Present the opportunity to provide compliance incentives and enforcement incentives
Establish interdepartmental and intergovernmental linkages Provide safe conditions/practice for enforcement officers Selection of the most updated and effective electronic systems
(hard/software) to facilitate information sharing and documentation (eg. DMS)
Thank You