![DA: Dianne Kohler Barnard, Democratic Alliance Shadow Minister of Police, says SAPS' R21bn contigent liability projection must now be capped (02/10/20140](https://cisp.cachefly.net/assets/articles/images/resized/0000359974_resized_policesapstshwanetrainingacademy106121022duane.jpg)
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The DA is outraged that the contingent liabilities projection at SAPS increased by over R2 billion since 2012/13 to an astronomical R21.1 billion in 2013/14, according to the South African Police Services (SAPS) Annual Report 2013/14.
I will, therefore, be writing to the Chairperson of the Portfolio Committee on Police, Francois Beukman, urging him to place this matter at the top of the agenda at the first sitting of the SAPS midterm budget review. I will use this opportunity to make recommendations to the Minister of Police, Nathi Nhleko, that a cap be put on a contingent liability fund that continues to rise unabated.
Contingent liabilities are when there is a possible obligation that arises from past events that would warrant the Department of Police paying out on the occurrence or non-occurrence of uncertain future events and outlines what the Department is prepared to pay out should such occurrences manifest.
This R21.1 billion amounts to almost a full third of the SAPS budget which is R68 791 426 000 for the 2013/14 financial year. More horrific is the revelation that legal claims, included in the contingent liability figure, against SAPS members by civilians and third parties is projected to soar to R20.5 billion. This is a massive R2.7 billion increase from R18.4 billion in the 2012/13 financial year.
This means that the SAPS is making provision for the possibility that a third of its national budget may have to be paid out to cover for legal claims against SAPS members.
The R20.5 billion figure is for when SAPS members injure or kill citizens, or damage property. The projections of liabilities for the 2013/14 are as follows:
- Assault – R853 292 000
- Police actions – R16 587 235 000
- Shooting incidents – R1 474 767 000
- Vehicle accidents – R175 996 000
- Legal expenses – R492 282 000
- Damage to property – R2 354 000
- Damage to State property – R8 594 000
- Other – R 947 763 000
The increase in SAPS’s contingent liabilities is clearly connected to the increasing levels of criminality within our police organisations.
The above-mentioned figures clearly illustrate the direct correlation between the ill-discipline of SAPS members and the financial ramifications thereof.
Under the then Police Minister, Nathi Mthethwa and the National Police Commissioner, Riah Phiyega’s watch:
- Police criminality has increased;
- Contingent liability figures have increased; and
- Crime statistics illustrate that serious crimes have increased or stabilised at unacceptably high levels.
I will also be submitting questions to the Department of Police to ascertain:
- If a claim was documented in 2012/13, but the case was unfinalised during that period, will this be paid out from the 2013/14 budget?
- What is being done to mitigate this problem of claims against SAPS members?
There is no sense of urgency when dealing with police criminality. Continuing to throw money at the problem is not a solution. The R20.5 billion could instead go towards renovating crumbling police stations, to supplying more vehicles, to recruiting and training more SAPS members that the country desperately needs to fight crime. Instead this amount is what the SAPS believes will be needed to clean up the mess that SAPS members create.
South Africa is tired of hearing that SAPS is improving – when the numbers sing a different song.
We want to see action taken. Action against criminals – including SAPS members who shoot to kill when they should arrest, and those who prey upon our citizens. Will the new Police Minister, Nathi Nhleko act on this astonishing information – or do nothing?
If Minister Nhleko is at all serious about reforming the SAPS he will move to put in place mechanisms to contain contingent liability projection moving forward.
Issued by DA