Committee Reports

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Police

26 June 2020
Chairperson: Ms T Joemat-Pettersson (ANC)
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Meeting Summary

Video: Portfolio Committee on Police, 26 June 2020

Tabled Committee Reports

The Portfolio Committee considered and adopted its Committee Reports on the application for Firearm Amnesty declaration and various petitions.

The Committee agreed to arrange a session focused solely on discussing the issues around Gender-based violence (GBV) in South Africa. Members also agreed that as the South African Police Service (SAPS) have received many complaints on how its deal with investigations, the Committee should request an action plan from SAPS on how it is handling GBV crimes. Members questioned the role the Department of Justice also plays in the bail and release of perpetrators and proposed a joint meeting with the relevant Departments.

The Committee unanimously requested full transparency and regularly updated reports from SAPS on all fronts, as the excuse of the Corona virus cannot be used to justify unfinished or stagnant investigations. The cases discussed in this meeting have been long overdue and if SAPS is not investigating them, then what are they doing?

Meeting report

The Chairperson welcomed the Committee.  She updated the Committee on the Independent Police Investigative Directorate (IPID) Amendment Act. She said that the South African Police Service (SAPS), IPID and the Civilian Secretariat are preparing a complete overall of the IPID Act. A full presentation will be given to the Committee to address all the concerns the Committee has.

Draft Report of the Portfolio Committee on Police on the application for Firearm Amnesty declaration

The Committee adopted the Report.

Draft Report of the Portfolio Committee on Police on the Petition from the residents of Actonville and Wattville; Benoni calling on the Assembly to address the escalation of crime, including gender-based violence against children, and the need for a police station in their areas (Ms H Ismail)

The Committee adopted the Report.

Draft Report of the Portfolio Committee on Police on the Petition of Mr Cornelius Basson dated 26 June 2020

The Chairperson asked the Committee if they could arrange a session just on gender-based violence (GBV).

The Committee agreed.

The Chairperson asked about the allocation for GBV and the response by SAPS as there have been many complaints on how SAPS is dealing with the reporting and investigation of cases. She said the Committee should request the police’s action plan for GBV.

Dr P Groenewald (FF+) agreed and said the Committee should schedule presentations with the police.

The Chairperson replied that there are many strategies and presentations but no active action plans. The Committee needs to see the implementation of these said strategies.

Mr O Terblanche (DA) supported the recommendations and said the police should indicate all its plans and turnaround strategies as its current strategies are not working.

Ms J Mofokeng (ANC) suggested the Committee request a progress report about the 19 000 parolees released and ask how many were re-arrested. In Cape Town, most of the crimes happening now are said to be committed by the parolees, and the only way to confirm this is through the police and arrest records.

The Chairperson replied that in the week of 7 July 2020, the Committee can expect a detailed report from the police.

Ms P Faku (ANC) suggested a joint meeting with the Portfolio Committee of Justice and Correctional services because the police claim to be doing the work but when cases reach the Department of Justice, it is a different story. 

Mr H Shembeni (EFF) agreed with Ms Faku. He said the police work hard to apprehend the perpetrators but then they are released, so a meeting is needed to discuss the role the Department of Justice plays in the bail and release of perpetrators.

Mr Terblanche said a meeting is needed but three hours will not be enough. Enough time needs to be allocated to address all these issues fully.

Rev K Meshoe (ACDP) proposed a joint meeting between the Department of Justice and the police because of low conviction rates. The police need to tell the Committee why it is not able to improve conviction rates - the problem must be a lack of proper investigations and the Department of Justice must weigh in on this matter.

The Chairperson agreed and asked the Committee to move on the Report.

Mr Terblanche asked the Committee when the last update regarding this Report was received. He asked how the Committee will attend to this.

Ms N Peacock (ANC) asked the Committee to reflect on the Report. She said the Committee did have a quarterly report from the police regarding the progress of this case, but it has been left out of the Report.

The Chairperson asked that those comments be added to the Report and requested that a detailed and updated report should be given to the Committee in their next meeting.

Ms Faku said the Committee received a brief report before Covid-19, but the Department should be more consistent with providing reports.

Dr Irvin Kinnes, Committee Content Advisor, told the Committee that SAPS sent a report just before the Covid-19 lockdown period - the report did say an arrest is imminent in this case.

The Committee adopted its Report on the petition of Mr Cornelius Basson.

Dr Groenewald asked for clarity around matters raised for future discussions. He asked the Committee to inquire into the forensics departments since in a previous meeting, questions came up regarding what happens to all the drugs and the Committee was told that the information is classified. He said that is not acceptable. He requested a thorough discussion on the forensic department.

Ms Mofokeng agreed with Dr Groenewald as she also raised this issue.

The Chairperson acknowledged the concerns and said they will be addressed in future.  

Draft Report of the Portfolio Committee on Police on the Petition by the residents of Kempton Park; calling on the Assembly to investigate chronic inadequate visible and shortage of vehicle at the Kempton Park police station (Mr M Waters)

The Committee adopted the Report.

Draft Report of the Portfolio Committee on Police on the Petition from the residents of Kokomeng: call upon the Committee and the Minister of Police to investigate and priorities the reopening of the Kokomeng Police Station (Mr IS Seitlholo)

Mr Terblanche asked how the Committee will be updated on the process of the upgrading of the police station. As it was previously discussed, the Department of Public Works (regional office) were still busy compiling documentation regarding this matter.

The Chairperson replied that the Committee will monitor and ensure there are updates from SAPS and that those updates be emailed to the Committee.

Mr K Maphatsoe (ANC) brought to the attention of the Committee that there was a response in the Report that may have been overlooked.  

Dr Kinnes replied and said that SAPS has provided the Committee with a few responses.

The Chairperson said that she would like SAPS to provide the Committee with fresh reports by the end of June 2020.

The Committee adopted the Report.

Draft Report of the Portfolio Committee on Police on the unsolicited Petition on the Re-Enlistment of former Police Forum Members into the Police Service (Mr M Qongqo)

Mr Terblanche said the Committee requested that the responsible Deputy National Commissioner and the Deputy Minister to investigate this matter and then get back to the Committee, yet nothing has been received.

The Chairperson responded and said she has not seen an update on this matter as well.

Ms Mofokeng agreed with Mr Terblanche – SAPS needs to submit the report of everyone allegedly hired and reasons for why it happened. If the Committee cannot be satisfied there will be no other option but to include the Human Rights Commission.

The Chairperson said the Committee will see these matters through to the end and asked that SAPS responds to this report.

Dr Kinnes replied that SAPS did respond to the report and the report stated that SAPS will investigate the matter further. It has set up three independent multi-disciplinary investigation teams. The investigation will continue once the Covod-19 lockdown is over.

The Chairperson said the Committee does not just want reports that will say the investigations will continue after the Covid-19 lockdown period. The Corona virus has been here for three months and will continue for some time. What will happen if lock-down continues? What happens to the cases reported during lockdown? She said it will be tough on the Committee if the public is told investigations will only continue after Covid-19, as the lockdown regulations are not that tight anymore.

Ms Mofokeng said while the Committee waits for the update, the Committee must act on these matters and hand the matter over to the Human Rights Commission. She said this investigation will not be handled in this lifetime.

Ms Z Majozi (IFP) agreed with Ms Mofokeng and said these cases are long overdue. She questioned SAPS’ core mandate as it is not investigating cases. The Committee must push to finally resolve these cases. If not, the Committee’s oversight role will be questioned, and it will seem as if the Committee has failed in its duties and cases will not get concluded.

The Chairperson agreed because it will be a serious indictment on the Committee if in less than ten priority cases, there is still no progress. The Corona virus cannot be used as an excuse to not investigate cases. If cases cannot be investigated before Covid-19, when will the crimes committed during Covid-19 be investigated? The Committee will raise these questions to SAPS and expect it to account to the Committee. The Committee will not be a laughingstock - SAPS will be expected to report on these matters. She said that this case was indeed a human rights violation and justice is needed for these cases.

The Chairperson said that if the Committee presents SAPS with GBV cases, it will require necessary turnover times for these cases.

Mr Terblanche asked that when reports are received, they must be distributed to the Committee so Members can assess and put pressure on certain matters.

Mr Shembeni said that it is of importance to the Committee that whatever SAPS presents, a timeframe needs to be added. The current case is more than 20 years old so the Committee must be specific with the time.

The Chairperson said that the Committee does not just want reports on reports. In these reports the necessary timelines need to be include - the Committee wants solutions, no longer just investigations.

Mr Maphatsoe asked that a report should be formally presented to the Committee on the non-statutory force members re-ranking.

The Committee adopted the Report on the petition on the re-enlistment of former police forum members in the police service.

The Chairperson thanked all the staff and Committee Members for their hard work.

The meeting was adjourned.

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