Date: 27/01/2004
Source: Gauteng Provincial Government
Title: Mokonyane: Conference on Policing Oversight & Accountability
ADDRESS BY GAUTENG SAFETY AND LIAISON MEC, NOMVULA MOKONYANE, AT THE INDEPENDENT COMPLAINTS DIRECTORATE'S CONFERENCE ON POLICING OVERSIGHT AND ACCOUNTABILITY, Indaba Hotel, Fourways, 27 January 2004
Programme Director
Members of Parliament
National Commissioner, Commissioner Selebi
Executive Head of ICD, Advocate KD McKenzie
Representatives from various government department, institutions and countries
Distinguished Guests
Ladies and Gentlemen.
On behalf of the Gauteng Provincial Government I would like to extend a word of appreciation to the Independent Complaints Directorate (ICD) for inviting me and allowing me to be one of the speakers in this historic conference.
This conference takes place when we are preparing for elections and celebrating our first decade of liberation. South Africans have much to be proud of as we approach another important milestone in the history of our democracy since 1994.
What many hailed as the miracle of our peaceful transition has sustained itself in the ongoing life of our nation. In these first years of democracy our country, our government and our people have faced enormous challenges and problems. Above all, we have made great progress in restoring the dignity of all our people. No matter where one goes in the world today, one is proudly and warmly received as a South African, whatever one's colour.
The concept of civilian oversight of the police service is unprecedented in South Africa. Indeed the functioning of institutions supporting democracy such as the ICD, the Public Protector, the Human Rights Commission and others is a new phenomenon for the people of South Africa. The establishment of these institutions gives us the capability to redress the deformed heritage that apartheid imposed on the new South Africa.
The establishment of civilian oversight structures at provincial and local level must be seen and understood in a broader context of the on-going transformation of the policing agencies, that is, the South African Police Service (SAPS) and the newly established Metropolitan Police Services.
We are a country that firmly believes in democracy and therefore since 1994 we have been guided by the principles of accountability, transparency, and accessibility.
South Africans from all walks of life, including all spheres of government recognise that these institutions have a monumental task of ushering in a culture of transparency, accountability, efficiency, equality and fairness in our young democracy. This conference takes place at a time when government is measuring the impact of its programmes and evaluates what has been achieved. The area of civilian oversight over the police service is one of the critical areas where we have seen transformation that has led to major changes within the operations as well as the policy and legislative direction within the broader criminal justice system.
Within the various departments and institutions that fall under the criminal justice system, we now have ordinary civilians who have brought about major changes and streamlined operations to be in line with the policies and principles of this new dispensation.
The Constitution of our country entrenches a new culture of respect for human rights, which ensures that all forms of discrimination are eliminated entirely, from our society. The building of new structures and systems is one of the critical aspects in our endeavour to build this new culture and this has made us effective and efficient in meeting our obligations.
Chapter 11 of the Constitution of the Republic of South Africa, Act 108 of 1996, states that "Each province is entitled-
(a) to monitor police conduct;
(b) to oversee the effectiveness and efficiency of the police service, including receiving reports on the police service;
(c) to promote good relations between the police and the community;
(d) to assess the effectiveness of visible policing; and
(e) to liaise with the Cabinet member responsible for policing with respect to crime and policing in the province.
On the other hand the South African Police Service Act 68 of 1995 mandates the provincial government to establish a Provincial Secretariat in order to:
(a) Perform functions necessary or expedient to ensure civilian oversight
(b) Promote democratic accountability and transparency in SAPS
(c) Monitor the implementation of national policy
(d) Conduct research into any policing matter as instructed by the Member of Executive Council and
(e) Evaluate the functioning of the police service.
In addition to the above responsibilities, provincial governments have been entrusted with overseeing the establishment of Municipal Police Services, which also means that oversight must be extended to this level. In order to ensure that police officers at this level also respect the principles of our democracy provision has been within the legislation for the establishment of civilian oversight committees in order to promote accountability and transparency in the municipal police service.
It is our belief that the establishment of oversight agencies has to assist government to deal with inefficiencies and all allegations of misconduct against any member of the police agencies.
Our efforts must result in achieving as well as enhancing the following results:
* Efforts by the government in restoring public and business confidence in that the question of police involvement in corruption and criminal activity is being addressed;
* Develop a culture of respect for the law, honesty, integrity and transparency within the institution of policing, thereby promoting mutual trust and credibility between police and civil society;
* Development of a human rights culture within the police service; and
* Ensure that the police service is working to make good community and race relations a core function of policing.
In Gauteng we have taken an approach that civilian oversight will suppose two dimensions. Firstly, we proactively focus on identifying and addressing underlying systemic problems within the police service and assisting in dealing with community police relations and the identification of policing priorities for police at provincial and local level.
The second aspect of our oversight approach is to deal with complaints against the police from members of the public regarding service delivery. In this instance within the establishment of our department we have a unit that mainly deals with monitoring and evaluating police service delivery and dealing with complaints from members of the public.
With the establishment of Service Delivery Desk, we have been able to visit an estimated 35 problematic stations within the province and inspections were carried out with a clear focus on key areas such as: client services, management and leadership, adherence to regulations, resource allocation and utilisation.
A complaint tracking system has been developed and staff is employed to attend to complaints from members of the public about police inefficiency and negligence when handling their cases. Since this system was established we receive about 80 complaints a month. The nature of complaints ranges from poor investigation, lack of feedback to complainants and police negligence.
During our visits to police stations and regional offices of metro police a number of problems were identified and recommendations given to police management for implementation. We have vigorously asserted our right to monitor service delivery of the police, and where appropriate, we share their pride and glory when they succeed.
As part of implementing our core mandate, we have also come up with an approach of conducting in depth quarterly evaluation reviews of policing in the province focusing on deliverables achieved by the by SAPS and the three Metropolitan Police Departments in the province based on their operational plans.
These sessions are attended by provincial as well as area and station management, Chief of Metropolitan Police Departments, Members of Mayoral Committee for Public Safety, Representatives of Community Police Forums, and representatives from the criminal justice cluster.
Community policing was introduced in South Africa in 1994 as a cornerstone of policing policy to facilitate greater contact and communication between the community and police given the hostile past between these two entities more especially in the disadvantaged communities. In emphasising the community policing principle, the SAPS Act makes provision for the establishment of community police forums commonly known as CPFs with a view to improving transparency and accountability.
However, there have been problems in some areas with the functioning of these structures and in this regard police and communities are working together to find ongoing solutions to issues identified as hampering progress. The CPFs are therefore one of the core structures provided for in our legislation and are also entrusted to improve transparency within the police service and accountability of the service to the community.
Since the establishment of local government structures we have seen great co-operation between CPFs and various elected representatives in complementing each other and this is starting to yield good results. Given our history of policing, we can say without contradistinction that CPFs have and will continue playing a valuable role in ensuring greater co-operation with police at local level.
The introduction of sector policing will further enhance our civilian oversight functions, more and more people are drawn into our policing programmes through active participation and thereby improving on community police relations. Our legislative components are also playing a critical role in further enhancing civilian oversight over the police service. We have seen how parliamentarians and members of provincial legislatures have vigorously attended to problems identified within police stations, courts and correctional institutions. Some of these interventions have led to the establishment of formal inquiries and judiciary commissions to further probe allegations of abuse of power or any allegations made with regard to rendering services by individual institution.
If we are to improve, civilian oversight should not only be confined to the police service, but we have to make sure that all components of the criminal justice system are constantly checked and agencies performing this function must share information and expertise in order to maximize impact and improve. In one way or another there has to be a platform where information has to be analysed properly and this must feed into relevant policy formulators. We must therefore ensure that oversight function leads to change and that public servants are accountable to the public.
Our experience in this field has taught us that for civilian oversight to have a meaningful effect or achieve the desired results there are certain factors that can help or hinder the development of civilian oversight of policing and some of these are: political support, police cooperation, management and leadership, public attitudes, community support and availability of resources.
As an integral part of our public education and values campaign, there is therefore a need for continuous efforts to mobilise communities and other stakeholders to play an active role in promoting as well participating in activities that will enhance the socialisation process. Our ultimate aim is to develop a mass movement against crime, which will bring values of intolerance and negation of crime.
Programme Director, I think there are key lessons that people are going to learn here today on the importance of civilian oversight which should not be in anyway be viewed as interference. Our communities should regard this as a vehicle to enhance the legitimacy of the police in the eyes of the public and its consistency with democratic principles.
For this exercise to be effective is it important to have targeted strategies because different contexts may demand and present opportunities for different kinds of civilian oversight. However, in developing the role of civilian oversight of police, it is important to look beyond simply reactive approaches. Successful oversight also involves being proactive and this includes analysis of problems, identifying causes of problems, and proposing solutions. We must ensure that oversight goes beyond misconduct issues into broader police policy.
The challenge is enormous. Yet with more commitment and co-ordination that the people of this country have demonstrated so far there is no doubt that we are building a police service that we can all associate with at all times and defend it from its critics. As a collective we cannot fail. We must not fail.
In closing remarks I wish to leave with words from our President in his 8 January statement of 2004 where he says, "Our goal is to create a South Africa in which all can experience an improving quality of life, enjoying equal human rights, with access to opportunities that freedom has brought us, and bound together as a nation by our humanity".
I thank you.
For more information contact Mongezi Mnyani on (011) 355 1829 or 082 909 3390
Issued by: Department of Safety and Liaison, Gauteng Provincial Government
27 January 2004
Source: Gauteng Provincial Government
Title: Mokonyane: Conference on Policing Oversight & Accountability
ADDRESS BY GAUTENG SAFETY AND LIAISON MEC, NOMVULA MOKONYANE, AT THE INDEPENDENT COMPLAINTS DIRECTORATE'S CONFERENCE ON POLICING OVERSIGHT AND ACCOUNTABILITY, Indaba Hotel, Fourways, 27 January 2004
Programme Director
Members of Parliament
National Commissioner, Commissioner Selebi
Executive Head of ICD, Advocate KD McKenzie
Representatives from various government department, institutions and countries
Distinguished Guests
Ladies and Gentlemen.
On behalf of the Gauteng Provincial Government I would like to extend a word of appreciation to the Independent Complaints Directorate (ICD) for inviting me and allowing me to be one of the speakers in this historic conference.
This conference takes place when we are preparing for elections and celebrating our first decade of liberation. South Africans have much to be proud of as we approach another important milestone in the history of our democracy since 1994.
What many hailed as the miracle of our peaceful transition has sustained itself in the ongoing life of our nation. In these first years of democracy our country, our government and our people have faced enormous challenges and problems. Above all, we have made great progress in restoring the dignity of all our people. No matter where one goes in the world today, one is proudly and warmly received as a South African, whatever one's colour.
The concept of civilian oversight of the police service is unprecedented in South Africa. Indeed the functioning of institutions supporting democracy such as the ICD, the Public Protector, the Human Rights Commission and others is a new phenomenon for the people of South Africa. The establishment of these institutions gives us the capability to redress the deformed heritage that apartheid imposed on the new South Africa.
The establishment of civilian oversight structures at provincial and local level must be seen and understood in a broader context of the on-going transformation of the policing agencies, that is, the South African Police Service (SAPS) and the newly established Metropolitan Police Services.
We are a country that firmly believes in democracy and therefore since 1994 we have been guided by the principles of accountability, transparency, and accessibility.
South Africans from all walks of life, including all spheres of government recognise that these institutions have a monumental task of ushering in a culture of transparency, accountability, efficiency, equality and fairness in our young democracy. This conference takes place at a time when government is measuring the impact of its programmes and evaluates what has been achieved. The area of civilian oversight over the police service is one of the critical areas where we have seen transformation that has led to major changes within the operations as well as the policy and legislative direction within the broader criminal justice system.
Within the various departments and institutions that fall under the criminal justice system, we now have ordinary civilians who have brought about major changes and streamlined operations to be in line with the policies and principles of this new dispensation.
The Constitution of our country entrenches a new culture of respect for human rights, which ensures that all forms of discrimination are eliminated entirely, from our society. The building of new structures and systems is one of the critical aspects in our endeavour to build this new culture and this has made us effective and efficient in meeting our obligations.
Chapter 11 of the Constitution of the Republic of South Africa, Act 108 of 1996, states that "Each province is entitled-
(a) to monitor police conduct;
(b) to oversee the effectiveness and efficiency of the police service, including receiving reports on the police service;
(c) to promote good relations between the police and the community;
(d) to assess the effectiveness of visible policing; and
(e) to liaise with the Cabinet member responsible for policing with respect to crime and policing in the province.
On the other hand the South African Police Service Act 68 of 1995 mandates the provincial government to establish a Provincial Secretariat in order to:
(a) Perform functions necessary or expedient to ensure civilian oversight
(b) Promote democratic accountability and transparency in SAPS
(c) Monitor the implementation of national policy
(d) Conduct research into any policing matter as instructed by the Member of Executive Council and
(e) Evaluate the functioning of the police service.
In addition to the above responsibilities, provincial governments have been entrusted with overseeing the establishment of Municipal Police Services, which also means that oversight must be extended to this level. In order to ensure that police officers at this level also respect the principles of our democracy provision has been within the legislation for the establishment of civilian oversight committees in order to promote accountability and transparency in the municipal police service.
It is our belief that the establishment of oversight agencies has to assist government to deal with inefficiencies and all allegations of misconduct against any member of the police agencies.
Our efforts must result in achieving as well as enhancing the following results:
* Efforts by the government in restoring public and business confidence in that the question of police involvement in corruption and criminal activity is being addressed;
* Develop a culture of respect for the law, honesty, integrity and transparency within the institution of policing, thereby promoting mutual trust and credibility between police and civil society;
* Development of a human rights culture within the police service; and
* Ensure that the police service is working to make good community and race relations a core function of policing.
In Gauteng we have taken an approach that civilian oversight will suppose two dimensions. Firstly, we proactively focus on identifying and addressing underlying systemic problems within the police service and assisting in dealing with community police relations and the identification of policing priorities for police at provincial and local level.
The second aspect of our oversight approach is to deal with complaints against the police from members of the public regarding service delivery. In this instance within the establishment of our department we have a unit that mainly deals with monitoring and evaluating police service delivery and dealing with complaints from members of the public.
With the establishment of Service Delivery Desk, we have been able to visit an estimated 35 problematic stations within the province and inspections were carried out with a clear focus on key areas such as: client services, management and leadership, adherence to regulations, resource allocation and utilisation.
A complaint tracking system has been developed and staff is employed to attend to complaints from members of the public about police inefficiency and negligence when handling their cases. Since this system was established we receive about 80 complaints a month. The nature of complaints ranges from poor investigation, lack of feedback to complainants and police negligence.
During our visits to police stations and regional offices of metro police a number of problems were identified and recommendations given to police management for implementation. We have vigorously asserted our right to monitor service delivery of the police, and where appropriate, we share their pride and glory when they succeed.
As part of implementing our core mandate, we have also come up with an approach of conducting in depth quarterly evaluation reviews of policing in the province focusing on deliverables achieved by the by SAPS and the three Metropolitan Police Departments in the province based on their operational plans.
These sessions are attended by provincial as well as area and station management, Chief of Metropolitan Police Departments, Members of Mayoral Committee for Public Safety, Representatives of Community Police Forums, and representatives from the criminal justice cluster.
Community policing was introduced in South Africa in 1994 as a cornerstone of policing policy to facilitate greater contact and communication between the community and police given the hostile past between these two entities more especially in the disadvantaged communities. In emphasising the community policing principle, the SAPS Act makes provision for the establishment of community police forums commonly known as CPFs with a view to improving transparency and accountability.
However, there have been problems in some areas with the functioning of these structures and in this regard police and communities are working together to find ongoing solutions to issues identified as hampering progress. The CPFs are therefore one of the core structures provided for in our legislation and are also entrusted to improve transparency within the police service and accountability of the service to the community.
Since the establishment of local government structures we have seen great co-operation between CPFs and various elected representatives in complementing each other and this is starting to yield good results. Given our history of policing, we can say without contradistinction that CPFs have and will continue playing a valuable role in ensuring greater co-operation with police at local level.
The introduction of sector policing will further enhance our civilian oversight functions, more and more people are drawn into our policing programmes through active participation and thereby improving on community police relations. Our legislative components are also playing a critical role in further enhancing civilian oversight over the police service. We have seen how parliamentarians and members of provincial legislatures have vigorously attended to problems identified within police stations, courts and correctional institutions. Some of these interventions have led to the establishment of formal inquiries and judiciary commissions to further probe allegations of abuse of power or any allegations made with regard to rendering services by individual institution.
If we are to improve, civilian oversight should not only be confined to the police service, but we have to make sure that all components of the criminal justice system are constantly checked and agencies performing this function must share information and expertise in order to maximize impact and improve. In one way or another there has to be a platform where information has to be analysed properly and this must feed into relevant policy formulators. We must therefore ensure that oversight function leads to change and that public servants are accountable to the public.
Our experience in this field has taught us that for civilian oversight to have a meaningful effect or achieve the desired results there are certain factors that can help or hinder the development of civilian oversight of policing and some of these are: political support, police cooperation, management and leadership, public attitudes, community support and availability of resources.
As an integral part of our public education and values campaign, there is therefore a need for continuous efforts to mobilise communities and other stakeholders to play an active role in promoting as well participating in activities that will enhance the socialisation process. Our ultimate aim is to develop a mass movement against crime, which will bring values of intolerance and negation of crime.
Programme Director, I think there are key lessons that people are going to learn here today on the importance of civilian oversight which should not be in anyway be viewed as interference. Our communities should regard this as a vehicle to enhance the legitimacy of the police in the eyes of the public and its consistency with democratic principles.
For this exercise to be effective is it important to have targeted strategies because different contexts may demand and present opportunities for different kinds of civilian oversight. However, in developing the role of civilian oversight of police, it is important to look beyond simply reactive approaches. Successful oversight also involves being proactive and this includes analysis of problems, identifying causes of problems, and proposing solutions. We must ensure that oversight goes beyond misconduct issues into broader police policy.
The challenge is enormous. Yet with more commitment and co-ordination that the people of this country have demonstrated so far there is no doubt that we are building a police service that we can all associate with at all times and defend it from its critics. As a collective we cannot fail. We must not fail.
In closing remarks I wish to leave with words from our President in his 8 January statement of 2004 where he says, "Our goal is to create a South Africa in which all can experience an improving quality of life, enjoying equal human rights, with access to opportunities that freedom has brought us, and bound together as a nation by our humanity".
I thank you.
For more information contact Mongezi Mnyani on (011) 355 1829 or 082 909 3390
Issued by: Department of Safety and Liaison, Gauteng Provincial Government
27 January 2004
Advertisement
EMAIL THIS ARTICLE SAVE THIS ARTICLE FEEDBACK
To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here
