BRIEFING TO THE PORTFOLIO BRIEFING TO THE PORTFOLIO COMMITTEES FOR SAFETY AND SECURITY COMMITTEES FOR SAFETY AND SECURITY

AND JUSTICE AND CONSTITUTIONAL AND JUSTICE AND CONSTITUTIONAL DEVELOPMENTDEVELOPMENT

SOUTH AFRICAN POLICE SERVICE SOUTH AFRICAN POLICE SERVICE AMENDMENT BILL, 2008AMENDMENT BILL, 2008

5 AUGUST 20085 AUGUST 2008

ESTABLISMENT OF THE DIRECTORATE FOR ESTABLISMENT OF THE DIRECTORATE FOR PRIORITY CRIME INVESTIGATIONPRIORITY CRIME INVESTIGATION

BACKGROUNDBACKGROUND Khampepe Commission of Inquiry Khampepe Commission of Inquiry

into DSO.into DSO. State of the Nation Address and State of the Nation Address and

debate.debate. National Security Council.National Security Council. JCPS Ministers’ Media Briefing.JCPS Ministers’ Media Briefing. Review of the Criminal Justice Review of the Criminal Justice

SystemSystem

KHAMPEPE COMMISSION OF INQUIRYKHAMPEPE COMMISSION OF INQUIRY Lack of coordinated relationships between the Lack of coordinated relationships between the

DSO, and the South African Police Service and DSO, and the South African Police Service and the intelligence structures.the intelligence structures.

Lack of oversight over DSO by the ICD in Lack of oversight over DSO by the ICD in respect of law enforcement functions. respect of law enforcement functions.

Lack of oversight by the Inspector-General of Lack of oversight by the Inspector-General of Intelligence in respect of intelligence activities.Intelligence in respect of intelligence activities.

Non-compliance with the vetting procedures.Non-compliance with the vetting procedures. Liaisons by the DSO with foreign intelligence Liaisons by the DSO with foreign intelligence

structures. structures. Alleged leaking of information to the media. Alleged leaking of information to the media. DSO had established crime intelligence DSO had established crime intelligence

gathering capabilities outside its mandate. gathering capabilities outside its mandate. Disjunction in political accountability and Disjunction in political accountability and

oversight. oversight.

STATE OF THE NATION DEBATESTATE OF THE NATION DEBATE President announced the legislation now before President announced the legislation now before

Parliament and emphasized:Parliament and emphasized: What will continue to inform us as we take this What will continue to inform us as we take this

step will be the absolute commitment of step will be the absolute commitment of government to fight organised crime and government to fight organised crime and improve the management, efficiency and co-improve the management, efficiency and co-ordination of our law-enforcement agencies. ordination of our law-enforcement agencies.

Of great importance, our success in the fight Of great importance, our success in the fight against crime depends on co-operation among against crime depends on co-operation among all of us as law-abiding citizens, inspired by the all of us as law-abiding citizens, inspired by the principles of rule of law, respect for our principles of rule of law, respect for our judiciary and pursuit of equal human rights, judiciary and pursuit of equal human rights, which our Constitution enjoins us to observe in which our Constitution enjoins us to observe in our daily lives and pronouncements. our daily lives and pronouncements.

FRAMEWORKFRAMEWORK DSO investigative capacity to be DSO investigative capacity to be

relocated to SAPS.relocated to SAPS. New organised and priority crime New organised and priority crime

combating capacity to be established.combating capacity to be established. New capacity to consist of selected New capacity to consist of selected

members of SAPS and selected members of SAPS and selected members of DSO.members of DSO.

PROPOSALS IN BILLPROPOSALS IN BILL

Bill proposes establishment of the Directorate for Bill proposes establishment of the Directorate for Priority Crime Investigation.Priority Crime Investigation.

DPCI to consist of selected members of DSO, SAPS DPCI to consist of selected members of DSO, SAPS Commercial Crime, Organised Crime Component Commercial Crime, Organised Crime Component and other selected SAPS membersand other selected SAPS members

Members of DPCI need to be vetted in accordance Members of DPCI need to be vetted in accordance with the National Strategic Intelligence Act, 1994with the National Strategic Intelligence Act, 1994

Head of the DPCI appointed by National Head of the DPCI appointed by National Commissioner of SAPSCommissioner of SAPS

Identity document to be issued to membersIdentity document to be issued to members Minister may establish a forum to promote Minister may establish a forum to promote

cooperation with and coordination of functions of cooperation with and coordination of functions of the DPCI and that of other Governmental and the DPCI and that of other Governmental and public institutionspublic institutions

PROPOSALS IN BILLPROPOSALS IN BILL Bill provides for powers similar to that of the Bill provides for powers similar to that of the

DSO/Investigating Directorates in the National DSO/Investigating Directorates in the National Prosecuting Authority Act, for the DPCI and Crime Prosecuting Authority Act, for the DPCI and Crime Intelligence Division, in respect of section 16 (SAPS Intelligence Division, in respect of section 16 (SAPS Act) offences (organised crime and crimes requiring Act) offences (organised crime and crimes requiring special skills).special skills).

Persons summonsed in terms of this provision need Persons summonsed in terms of this provision need not answer incriminating questions.not answer incriminating questions.

Powers to the Head of the DPCI/Crime Intelligence Powers to the Head of the DPCI/Crime Intelligence Division or a delegate-Director or above. Division or a delegate-Director or above.

This is in line with the recommendations of the This is in line with the recommendations of the Khampepe Commission of Inquiry that SAPS Khampepe Commission of Inquiry that SAPS investigators performing similar functions as the DSO investigators performing similar functions as the DSO should be endowed with the same powers.should be endowed with the same powers.

PROPOSALS IN BILLPROPOSALS IN BILL Budget for DPCI defrayed from Budget for DPCI defrayed from

monies appropriated by Parliament: monies appropriated by Parliament: National Commissioner of SAPS: National Commissioner of SAPS: accounting officer.accounting officer.

PROPOSALS IN BILL: TRANSITIONPROPOSALS IN BILL: TRANSITION From specified date all powers and From specified date all powers and

functions of DSO investigators exercised functions of DSO investigators exercised under control of National Commissionerunder control of National Commissioner

All investigators of DSO become members All investigators of DSO become members of SAPS on specified date, with retention of of SAPS on specified date, with retention of conditions of service.conditions of service.

DSO investigators placed with DPCI, DSO investigators placed with DPCI, opportunity for Intelligence related opportunity for Intelligence related personnel of DSO to be placed in Crime personnel of DSO to be placed in Crime Intelligence.Intelligence.

DSO personnel who do not want to relocate DSO personnel who do not want to relocate to SAPS must indicate so before specified to SAPS must indicate so before specified date. Retain right to resign, if so want.date. Retain right to resign, if so want.

PROPOSALS IN BILL: TRANSITIONPROPOSALS IN BILL: TRANSITION

Bill guarantees the continued validity Bill guarantees the continued validity of investigations of the DSO.of investigations of the DSO.

Bill provides for the transfer in terms Bill provides for the transfer in terms of the PFMA Act of all budgets and of the PFMA Act of all budgets and assets of the DSO on the specified assets of the DSO on the specified date to the SAPSdate to the SAPS

OTHER ISSUESOTHER ISSUES Read the Bill in conjunction with the NPA Read the Bill in conjunction with the NPA

Amendment Bill, 2008, which deletes all Amendment Bill, 2008, which deletes all references to DSO.references to DSO.

NPA Amendment Bill dealt by Dept of NPA Amendment Bill dealt by Dept of Justice & CD in Justice Portfolio Justice & CD in Justice Portfolio Committee.Committee.

Important that there be an audit of Important that there be an audit of personnel, budget, assets, liabilities of personnel, budget, assets, liabilities of DSO concurrent with legislative process.DSO concurrent with legislative process.

FINANCIAL IMPLICATIONS OF BILLFINANCIAL IMPLICATIONS OF BILL

Costs, for example, cost in respect of Costs, for example, cost in respect of data transfer and integration and data transfer and integration and personnel related costs, cannot be personnel related costs, cannot be determined at present: underlines determined at present: underlines need for audits.need for audits.

MIGRATION PROCESSMIGRATION PROCESSSteering Committee, supported bySteering Committee, supported byCommunications and Change Management Communications and Change Management support teams, and joint task teams to auditsupport teams, and joint task teams to auditand manage -and manage - Cases and investigations.Cases and investigations. Contracts and agreements.Contracts and agreements. Info and Communications Technology.Info and Communications Technology. Policies and Procedures.Policies and Procedures. Personnel.Personnel. Physical Assets.Physical Assets. Finance and Budget.Finance and Budget.

Thank youThank you

Assistant Commissioner PC JacobsAssistant Commissioner PC Jacobs Head: Legal Support: Crime Head: Legal Support: Crime

OperationsOperations