Issued by: Ministry for Safety and Security
AUGUST 21, 1996
1. INTRODUCTION
The following proposals for action were discussed at a meeting of the Ministers Committee on the NCPS on Tuesday 20 August. These proposals range from immediate actions aimed at addressing the problems in the Western Cape, to those which are of a more macro and long-term nature. Seen collectively, they represent some of the plans to improve the management of the criminal justice system and restore public confidence in government's ability to tackle the crime problem.
2. CRIMINAL JUSTICE SYSTEM
The "blockages" in the criminal justice system have been identified and prioritised by the Ministers and DG's responsible for the NCPS. Approximately twenty national programmes have been prioritised and business plans are being drafted to address each of these. THe NCPS Ministers will report to CCSI on the developments in respect of Pillar 1 (the criminal justice system) within a month. The most urgent priority programmes will initially be funded from the R200 Million Cross-Cutting Progamme on Criminal Justice which was made available from the RDP Fund. Future funding for the remaining programmes of the NCPS will have to be negotiated once business plans have been finalised.
3. SUGGESTED ACTION STEPS BY DEPARTMENTS
3.1 SAFETY AND SECURITY
3.1.1 National Co-ordination and Supervision of Investigations
The National Commissioner will be setting up a special structure to co-ordinate and supervise investigations into gang-related crimes in the Western Cape.
This structure will develop special relations with the PICOC structures that collect intelligence on gangs, with dedicated prosecutors, and with community groups.
3.1.2 Review of all gang-related dockets by expert team
The National Commissioner will be sending a specialist team to Cape Town for a month to conduct an evaluation of all police dockets relating to gang activity.
3.1.3 Anti-corruption measures in the SAPS
3.1.3.1 New SAPS Discipline regulations will be enacted as soon as possible- the regulations have been finalised, but have yet to be approved by the Minister and negotiated with police employee organisations.
3.1.3.2 Encouraging whistle-blowing in Western Cape SAPS and in the community - the National and Provincial Commissioners will develop a strategy to encourage members of the service, and of the public, to come forward with information on corruption.
3.1.3.3 To prepare for increased volumes of information and the need for more investigations, the National Commissioner will be strengthening the Anti-Corruption Unit in the Western Cape from 7 to 22 members.
3.1.3.4 The National Commissioner will ensure that the Anti-Corruption Units are able to take certain steps to protect police witnesses in corruption cases. This will amount to a "departmental" witness protection programme and will complement, rather than replace, the national programme being developed by the Department of Justice.
3.1.3.5 Once the discipline regulations are in place, the Minister will direct that certain "sentences" be mandatory for particular categories of disciplinary or criminal offence committed by members, such as corruption-related offences.
3.1.4 Public Order Policing
3.1.4.1 Investigation into recent public order management.
The Minister will instruct a special investigation into the management of public order events in the Western Cape in recent weeks.
3.1.4.2 Enactment of Gatherings Act.
It is recommended that the President sign and enact the legislation, i.e. Regulation of Gatherings Act No 205 of 1993 ("Goldstone Act"). The Act makes provision for far reaching new procedures and requirements relating to the management of public gatherings and demonstrations.
3.1.4.3 Prohibition on carrying firearms at gatherings.
The Minister will issue a notice in terms of Section 2(3) of the Dangerous Weapons Act of 1968, prohibiting the carrying of firearms at public gatherings in certain magisterial districts. The National Commissioner will be directed to ensure enforcement of the notice and to communicate its contents to all members of the Service as soon as possible.
The Provincial Commissioner of the Western Cape has been instructed to investigate the firearm licences held by known gang leaders with a view to establishing whether those licences are valid and whether possible previous convictions should not lead to the forfeiture of such licences and firearms.
3.1.5. Provincial Crime Prevention Strategy
Support will be given by the structures responsible for the NCPS to the process of developing a provincial crime prevention strategy.
3.1.6. Border and Ports of Entry Control
Immediate steps such as the introduction of scanners, x-ray machines together with te provision of facilities for sniffer dogs will be implemented at ports of entry in the Western Cape. The national team looking at this issue will be asked to develop action plans for implementation in the Western Cape as well as other parts of the country.
3.2 JUSTICE
3.2.1 Legislation
The Minister of Justice will introduce legislation as announced in Parliament to facilitate the investigation and prosecution of crime, to increase the jurisdiction of the courts, to improve the protection of witnesses, and to simplify the criminal procedure in order to speed up trials.
Legislation is under consideration to give proper effect to life sentences - parole only to be considered after review of the sentence by a court of law.
Provision for minimum sentences in respect of certain offences, for example, gang and drug-related offences as well as the development of a national sentencing policy, are under consideration.
3.2.2 Public Protector
The Public Protector has been asked to investigate the disappearance of police dockets at Mitchells Plain and the circumstances surrounding the non-prosecution of the seven impending cases against Rashied Staggie.
3.2.3 Call to Prosecuting Authorities and Magistrates
The Minister of Justice will meet with Prosecuting Authorities and Chief Magistrates, where he will call on them to ensure that public safety and the integrity of the justice process are prime considerations in the granting of bail, and to impose appropriate sentences.
Consideration should also be given to amending existing legislation in order to ensure the prohibition of bail in cases where the accused is alleged to certain categories of serious crimes.
3.2.4 New Court Management System
The Minister will request Attorneys-General and Chief Magistrates to assist with expediting the new court management system which will reduce delays.
3.3 CORRECTIONAL SERVICES
3.3.1 Release Policy
The Department of Correctional Services will implement a new release policy, which will ensure that serious offenders are imprisoned for at least two thirds of their sentences, and that the judiciary will be involved in the process of reviewing eligibility for parole.
3.3.2 New "Super Maximum" Security Facilities
The Department is developing a new "super maximum security" category of imprisonment, which will involve new prisons with specially trained staff.
3.3.3 Tackling Gang culture in the Prisons
New measures to isolate prisoners who are convicted of gang-related offences and to tackle the gang culture in prisons. Also, developing measures to prevent gangs within prisons from interacting with gangs outside prisons. in order to break the cyclical nature of the gang phenomenon.
3.4 WELFARE
3.4.1 Juveniles
The Ministry of Welfare is focusing on the secure care for juveniles as a priority.
3.4.2 Victim Support
Steps are being taken, stemming from the recommendations regarding the Cross-Cutting Programme to ensure that better service and sensitivity to victims is insured. In this regard the resourcing and development of rehabilitation centres in respect of drugs will be a priority.
4. TRAINING
The development of training academies for the proper training of investigators and prosecutors are being considered by the ministries involved.
5. SUGGESTED AMENDMENTS TO PARLIAMENTARY PROGRAMME
The Ministers recommend that Cabinet requests Parliament to re-arrange the legislative programme in the current session in order to expedite the passage of criminal justice legislation.
6. RESOURCES
The Ministers recommend that Cabinet makes a concrete commitment of resources to the criminal justice and crime prevention effort.
7. CALL TO COMMUNITIES
Communities should be called upon to focus their mobilisation against crime within the framework of the law, to assist the police by coming forward with information and evidence, and to make use of the existing witness protection programme.