Crime Intelligence: turnaround strategy; Vetting & lifestyle audits; Private Members Bill: motion of desirability

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Police

13 March 2019
Chairperson: Mr F Beukman (ANC)
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Meeting Summary

This report is incomplete and not a full account of the proceedings. Our recorder malfunctioned and there are gaps as a result. We will add to the report when we get additional information. We apologise for any inconvenience caused.

The Committee received a briefing from Crime Investigation (CI) on its turnaround strategy and the status of the vetting process involving senior management of the South African Police Service (SAPS). It also considered a motion of desirability for a Private Member’s Bill on the Regulation of Gatherings Act, and a Committee report on its oversight visit to the Eastern Cape.

 The turnaround strategy and strategic objectives were outlined. These were to:

  • Manage Interpol obligations and cooperation (Short Term);
  • Optimize intelligence collection (Medium Term);
  • Enhance intelligence analysis and coordination (MT);
  • Optimise operational intelligence support (MT);
  • Capacitate and resource CI, especially at grass-roots level (Long Term);
  • Develop skills of CI members and establish a culture of performance management (LT);
  • Optimize counter-intelligence (LT) – CI would develop and implement a counter-intelligence strategy as well as a vetting strategy for the South African Police Service (SAPS).

There would also be enhanced intelligence analysis, coordination and resource capacities.

Members asked questions about the Review Panel Report; sought an assurance from the National Commissioner on good governance and standards from intelligent agencies in regard to adhering to legislation; consequence management where cases implicated senior management members; how it was dealing with CI members implicated in the State Capture Commission hearings; the role of National Treasury in giving approvals for specialised and advanced technology required; and whether all 424 vacant posts had been filled.

SAPS welcomed all the questions submitted by Members, but advised that not all CI information could be put out to the public, as Parliament was a public space. The Committee could request another meeting which would have to be a closed session if Members wanted extensive reports on some of the matters that had been raised. They responded, however, that CI was indeed affected by state capture, but it was not captured. Crime Intelligence was working with the Zondo Commission with regard to the security issues arising, and when allegations arose, CI looked into them.

SAPS gave the Committee details of the progress with the vetting process of senior members of management. These had involved 896 members of senior management, 15 lieutenant generals, 

183 major generals, and 680 brigadiers. Details were given of the number of applications still being processed, those that had been denied, those who had not submitted applications, and the number of top secret validations.

As for the medium-term scope of the lifestyle audits project, in the first year a validation system would be developed with a target of about 10 000 members in key positions. In the second year, the system would be integrated with the vetting process, and then a policy to guide and govern lifestyle audits would be developed with about 30 000 members in key positions. From the third year upwards, lifestyle audits would be institutionalised.

Members asked what would happen to those who did not submit applications for vetting; the line of action for those denied clearance, or were not successful; whether all challenges within the vetting system had been addressed; the consequence management policy for top level personnel who did not apply, and why they were not suspended; what would happen to those who failed the vetting process; and the status of e-vetting.

SAPS responded that members who failed to comply or apply for clearance were subject to its disciplinary regulations, and the CI would soon provide a detailed report to this effect. Denials of clearance would be appealed to the Board. In future, the CI would ensure that vetting would be linked to the employment contracts.

The Committee adopted its Eastern Cape oversight visit report without any substantive amendments, but

rejected the motion of desirability for the Private Members Bill on the Regulation of Gatherings Act, stating that it was pointless to accept the motion as it would have to be re-introduced to the Sixth Parliament.

Meeting report

Crime Intelligence: turnaround strategy

Major General Leon Rabie, Head: Strategic Management, Crime Intelligence (CI), took the Members through the turnaround strategy and outlined the strategic objectives. These were to:

  • Manage Interpol obligations and cooperation (Short Term);
  • Optimize intelligence collection (Medium Term);
  • Enhance intelligence analysis and coordination (MT);
  • Optimise operational intelligence support (MT);
  • Capacitate and resource CI, especially at grass-roots level (Long Term);
  • Develop skills of CI members and establish a culture of performance management (LT);
  • Optimize counter-intelligence (LT) – CI would develop and implement a counter-intelligence strategy as well as a vetting strategy for the South African Police Service (SAPS).

Deliverables with regard to enhanced intelligence analysis and coordination included:

Enhanced coordination:

Revitalise strategic partnerships with organizations such as the Private Security Industry Regulatory Authority (PSIRA), the SA Banking Risk Information Centre (SABRIC) and the Financial Intelligence Centre FIC). This would enable analysis to enhance modus operandi identification.

Enhanced analysis:

Revive the threat management system and position it to direct all collection efforts; adapt, standardise and expand analysis products; and enhance technical capability to improve analysis. 

Regarding resource capacities, Maj Gen Rabie reported the following deliverables:

  • Develop a comprehensive resource plan;
  • Determine recruitment, selection and retention requirements in conjunction with human resource management (HRM);
  • Address critical and longer term resource (human and capital) needs in conjunction with HRM, supply chain management (SCM) and financial divisions of the SAPS, including integration and coordination, and possible ring-fencing of funds.
  • Fill critical vacancies to enhance turnaround, especially collectors and analysts at the grass-roots level.
  • Prioritise the procurement of critical capital resources to replace outdated/obsolete infrastructure, especially in the cybercrime and surveillance environments.

Discussion

The Chairperson asked for details regarding the Review Panel Report. He also wanted an assurance from the National Commissioner on good governance and adherence to legislation. Furthermore, what would be done about members of the CI that were implicated in allegations of state capture?

Mr P Mhlongo (EFF) asked whether the CI was part of the state capture so that Members could understand the depth of political interference. 

Ms M Molebatsi (ANC) wanted more details on the lifestyle audits and the nine-week vetting process. 

Ms M Mmola (ANC) asked about the available vacancies; the timeline for the training intervention; and when the Task Team outlined in slide 10 had been established. 

Mr J Maake (ANC) said it was not fair to enquire about operational matters of the CI. How did Treasury approve funding for equipment, as its officials did not understand or know anything about it? He lamented that this should not be the process. 

Mr Z Mbhele (DA) said the small crimes were also concerning. He asked the Commissioner to unpack how the turn-around would impact on the feared crimes. 

Ms D Kohler-Barnard (DA) asked whether the CI was present at the Zondo Commission, and whether the allegations were being investigated as they unfolded. 

Vetting of senior SAPS management and disciplinary matters

Lt General Peter Jacobs, Divisional Commissioner: Crime Intelligence, updated the Committee on the vetting of senior management, and said that 896 members of senior management at SAPS had been involved in the vetting process. Of these, 374 were still in process, with 18 clearances denied, while 46 had not been received and 417 were validated as top secret.

As for level 15 lieutenant generals, there had been 33 consolidated applications. 22 were validated as top secret, five were still being processed, and six had expired clearances.

There were 183 major generals, with 122 top secret validation, 53 applications still in process and five denied. Seven clearances had expired, and five had not submitted their applications.

As for Brigadiers, There were a total of 680 brigadiers, with 316 whose applications were still being processed, 13 had been denied, and 41 had not submitted applications. There were 283 top secret validations.

As for the medium-term scope of the lifestyle audits projects, in the first year a validation system would be developed with a plus-minus target of 10 000 members in key positions. In the second year, the system would be integrated with the vetting process, and then a policy to guide and govern lifestyle audits would be developed with about 30 000 members in key positions. From the third year upwards, lifestyle audits would be institutionalised.

The lifestyle audit process would include:

  • Phase One – financial lifestyle assessments;
  • Phase Two- criminal activity risk assessments (SAPS CI); and
  • Phase Three – organisational vulnerability profiling threat assessments.

These three analytical audit phases would culminate in the development of an “Integrity Risk and Threat Index”, on which decisions would be based.

The first data load findings reported that 9 972 members in key positions had been subjected to financial lifestyle assessments. 99.15% members had no adverse findings, but 0.85% had, however, been flagged for further validation to determine the veracity of the findings. The second data load involving a further 9 604 members in key positions was scheduled for completion in April, and a third data load involving about 10 000 members in key posts would be completed in June.

Discussion

Mr Mhlongo wanted to know what would happen to those who had not applied for vetting. What was the line of action for those denied clearance, or had not been successful in the vetting? 

Ms Molebatsi asked whether all challenges within the vetting system had been addressed. What would happen to those flagged for further validation? Lastly, what was the role of SAPS in the development of lifestyle audits? 

Ms Mmola asked whether all employment contracts for those who failed to apply for vetting had been revoked. 

Mr Maake asked whether a vetting template was used for vetting. 

Mr Mbhele asked about the allegations of differential treatment for pre- and post-1994 SAPS members, depending on their occupations then. 

Ms Kohler-Barnard wanted to know what would happen to those who failed the vetting process. Was there a consequence management policy for top level members who did not apply for vetting? Why were they not suspended? What was the status of e-vetting? 

Consideration of Eastern Cape draft report

The Chairperson allowed Members some time to peruse the report and submit changes.

No substantive changes or amendments were proposed.

The Report was then submitted for adoption, and was adopted without any substantive amendments.

Motion of desirability on Regulation of Gatherings Amendments Bill

The motion of desirability was introduced by Adv. Anton Alberts (FF+) who was not present in the meeting. The Committee considered the Motion, but Members felt that it would be pointless to either accept or reject the motion, because it would be dealt with by the Sixth Parliament and the process would start afresh.

The DA supported the motion based on principle, but the ANC requested some time to caucus.

Although Members of the ANC seemed inclined to support the motion, after a private session they decided not to support it.

The motion of desirability on the Regulation of Gatherings Amendments Bill was therefore rejected.

 

The meeting was adjourned.

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