FRUSTRATIONS CHALLENGES WITHIN THE CRIMINAL JUSTICE SYSTEM CJS IN

FRUSTRATIONS/CHALLENGES WITHIN THE CRIMINAL JUSTICE SYSTEM (CJS) IN RURAL AREAS IN THE FREE STATE Dr Jane Buys, Security Risk Analyst, Free State Agriculture (FSA)

• INTRODUCTION Departments within Criminal Justice System (CJS) with whom farmers continuously and mostly interact are SAPS and NPA • Some generic problems experienced in all provinces – what aspects within Rural Safety Strategy (RSS) affects service delivery of these departments in rural areas? • Budgets allocation for these departments sufficient pertaining to manpower and logistical means to serve rural areas especially with reference to the findings / recommendations of the Human Rights Commission (HRC) • Various surveys conducted by FSA in FS with specific referene to audit of RSS amongst commercial farmers highlight challenges and shortcomings experienced towards SAPS, NPA, Dept of Justice, DCS and SANDF (in cross border mileu) • Surveys compared to those of Stats. SA’s VOC 2016 on fear of crime • Reference also pertaining to survey conducted in 2016 by FSA on acts of violence in farming communities in FS • Impact and extent of crime study in Virginia be mentioned with estimate about losses agricultural sector incured due to rural crime

KEY ROLEPLAYERS WITHIN THE CRIMINAL JUSTICE SYSTEM (CJS) IN RURAL AREAS/COMMUNITIES IN FS/RSA

KEY ROLEPLAYERS WITHIN CJS • SAPS: • 3 operational divisions delivering services to public (rural communities) namely Detectives, Visible policing (Vispol) and Crime Intelligence – budget of SAPS approx R 72 bn per year (2014 -2015) – NCape, N-West, Limpopo and Mpumalanga less personnel than FS – FS third highest allocation of vehicles per manpower ratio (3. 64) • SAPS always first “line of service delivery within CJS” to public/rural communities - SAPS ratio ito population to members is 1 member for 358 member of public • Annual report 2014 -2015 indicated 881 720 farm visits (farming communities) meaning average of 97 968 visits per year in FS? • Approx 17 130 crime prevention operations conducted on 17 priority crimes in urban and rural areas in country, thus 1903 average per year in FS? PROVINCE NR PERSON- NO NEL VEHICLES PERSONNEL TO VEHICLE RATIO Head Office 43006 5678 7. 57 Mpumalanga 10500 2836 3. 7 Free State 12455 3426 3. 64 North West 9862 2880 3. 42 Eastern Cape 19715 5932 3. 32 Northern Cape 7492 2344 3. 2 Gauteng 33045 10416 3. 17 Limpopo 12297 3994 3. 08 Kwa. Zulu-Natal 24716 8091 3. 05 Western Cape 20604 6750 3. 05 193692 52347 3. 05 TOTAL

KEY ROLEPLAYERS WITHIN CJS • SAPS (nationally): • Highest detection rate on att murder (41. 14%), followed by general theft (28. 84%) and stock theft (27. 89%) – murder 27. 32% and aggravated robbery 19. 45% - acts of violence on farms/smallholdings usually murder, att murder, aggr robbery, thus average detection rate of 29. 3% • Overall recovery rate of stock theft 30. 43% whilst recovery of cattle 40. 56% and those of sheep 24. 77% • NPA (nationally): • Main services to public/rural communities prosecution services with national budget of approx R 32 bn per year (2015 -2016) • Nr of convictions on detections pertaining to acts of violence with murder highest (35. 44%), followed by general theft (17. 5%), aggravated robbery with 15. 3% - stock theft lowest with 14. 67% • However general theft (91. 05%) and stock theft (80. 55%) cases highest conviction rate in courts TYPE OF CRIME NR CONVIC TION % NR INCI- NR DENTS ARRESTS % General Theft 365521 Aggravated robbery 129509 123407 28. 84 21602 17. 50 % RELATING TO SUCCESS IN COURT 91. 05 33180 19. 45 5078 15. 30 73. 87 Stock Theft 28449 9234 27. 89 1355 14. 67 80. 55 Murder Attempted murder 17857 12027 27. 32 4262 35. 44 74. 84 17667 10581 41. 14 1599 15. 11 73. 87 STOCK RECOVERED Stolen Sheep Cattle Goats TOTAL Value Reco- Value vered recovered 84373 143434100 20896 35523200 55495 557148000 22509 234093600 34407 67093650 9631 18780450 174275 767675750 53036 288397250 % recovered 24. 77 40. 56 27. 99 30. 43

KEY ROLEPLAYERS WITHIN CJS • SAPS (Free State): • Highest detection rate on stock theft 2016/2017 35. 31% - average detection rate past 5 years 30. 7% • FSA database on acts of violence shows 254 farm attacks from 2009 to 2015 in FS which means detection rate of approx 53. 54% and conviction rate of approx 72. 06% • Of 136 cases arrests were executed by SAPS in cooperation with farming communities, 62 guilty verdicts (45. 58%), 15 not guilty (11. 03%) whilst 26 cases withdrawn against perpetrators (19. 11%) • Of 98 cases, in 50 of them (51. 02%) perpetrators sentenced 20 -29 years imprisonment, 20 cases 1019 years imprisonment (20. 41%) whilst in 5 cases perpetrators received 30 -99 years imprisonment (5. 1%) Detection Conviction Rate (%) 2016/2017 35. 31 91. 73 2015/2016 32. 78 91. 49 2014/2015 32. 27 87. 13 2013/2014 27. 85 90. 59 2012/2013 25. 58 87. 54 ARRESTS SVC NR CASES Guilty 62 Court 26 Withdrawn 26 Not guilty 15 Filed 4 Under investigation 3 TOTAL 136 CONVICTIONS COURT NR CASES 20 -29 years imprisonment 50 10 -19 years imprisonment 20 1 -5 years imprisonment 12 6 -9 years imprisonment 9 30 -49 years imprisonment 4 State president pardon 2 More than 50 years imprisonment 1 TOTAL 98 FINANCIAL YEAR

KEY ROLEPLAYERS WITHIN CJS • NPA (Nationally): • 435 175 cases withdrawn or struck from court rolls 2014 -2015 that was 4. 8% less than previous year – majority of removals on warrants (J 534 s - 32. 1%) followed by withdrawals (30%) and struck off roll (27%) – no separate figures for FS obtained • 503 463 cases finalised in court whereby 176 189 diversions and informal mediation cases, 1 760 plea and sentence agreements finalised during 20142015 • DCS: • 232 Correctional Services Centres in country with 48 in FS and N-Cape with approx budget of R 20 bn per year with main focus on incarceration and rehabilitation of offenders – it seems as if majority of prisons are overcrowding • SANDF: • 77 597 SANDF compliment with SA Army 40 125 biggest with approx budget of R 45 bn – 2 companies deployed alongside RSA/Lesotho border CASES REMOVED FROM COURT ROLL Warrants (J 534 s) Withdrawals Struck of roll Transfers Mental referrals REGION Eastern Cape Gauteng Free State/Northern Cape Kwa. Zulu-Natal Western Cape Limpopo/N-West/Mpumal PPPs TOTAL REGION Eastern Cape Gauteng Free State/Northern Cape Kwa. Zulu-Natal Western Cape Limpopo/N-West/Mpumal TOTAL 2014 -2015 139599 130547 117664 45647 1718 NR DCS CENTRES 43 25 48 38 42 34 2 232 NR OF INMATES 19793 36230 22959 29253 29872 23877 161984

THE NATIONAL RURAL SAFETY STRATEGY (RSS)

KEY OBJECTIVES OF THE RSS STRATEGY Background: RSS strategy adopted and launched by organized agriculture and SAPS during 2011 - rural safety refers to all safety and security issues affecting non-urban communities – deals with human, property and food protection and security Aim of RSS is to: • respond to needs of rural communities to support food security and economical development; • to strengthen relationship building within rural community; • encourage all stakeholders to work together in coordinated/integrated manner; and • engage in joint planning, implementation, monitoring, development and evaluation to combat crime in rural areas as determined by National Crime Combating Strategy (NCCS). The RSS will enable SAPS to enhance service delivery; increase police visibility in rural areas; and improve police response times. The RSS will further ensure: • effective analysis and communication of crime affecting rural environment; • develop and implement appropriate measures/strategies to effectively address rural safety; • reduce crime levels in rural communities, especially violent crime; • promote rural development amongst all role players and Government Departments; • utilize reservists as force multiplier in support of SAPS; and • ensure effective investigation (professional/prompt investigation and effective prosecution)

KEY OBJECTIVES OF THE RSS STRATEGY The following is essential wrt effective investigation and prosecution: • Proper investigation of all cases reported; • Feedback and communication with complainants on regular and ongoing bases; • Close cooperation with prosecuting authorities; • Establishment of Task Teams to address violent rural crime; • Enhanced cooperation and participation between crime prevention and investigating officials regarding modus operandi, follow up information and operations, identifying trends, feedback to complainants, etc. The RSS focus on following crimes namely: • Direct acts of violence against farming communities that includes serious/violent crime offences such as murder, attempted murder, rape, all types of robberies and assaults; • Indirect acts of violence against farming communities such as arson, malicious damage to property and intimidation; • Stock theft with focus on 40 identified hot spot stations in RSA of which 14 in Free State A partnership approach between SAPS as leading department and organized agriculture is being followed to ensure the success of the RSS

AUDIT OF RURAL SAFETY STRATEGY (RSS) IN FREE STATE

INTRODUCTION • Reference to audit of Rural Safety Strategy (RSS) necessary because it contributes to creation of safe and sustainable agricultural sector in FS – telephonic interviews conducted with safety reps of Farmers Associations and District Agricultural Unions (DAU) in FS – third year audit is being conducted by FSA • Audit conduced at 81 towns in FS in 2014 -2015 whilst in 2015 -2016 at 84 towns - comparison with 2014 -2015 audit to determine whether improvement or situation worsen wrt specific criteria of the RSS: q RS plans in place at rural towns; q Monthly meetings occurring between farmers and police as well as cluster meetings; q Simulation exercises (rehearsals) – 2 per year; q White/blue light patrols taking place between farmers and police regularly; q Farm visits conducted by police; q Rural safety coordinators appointed by police whether dedicated vehicle; q Two additional perceptions were tested namely what issues farmers complain mostly wrt service delivery by police; how is trust relationship between police and farmers at local level.

COMPARISON 2015 -2016 • Comparing audit of RSS 2014 -2015 with 2015 -2016: 2013 -2014 -2015 -2016 • Improvement ito number of RS plans at rural AUDIT RSS stations/towns not yet in place (50%); LB plans not yet 18 8 4 • An improvement in terms of monthly meetings between in place farmers and SAPS at station level (36%) – however No monthly some farming communities struggle with attending meetings bet monthly cluster meetings in certain clusters / meeting farmers/police 28 22 14 scheduled not fixed; No monthly • Improvement in number of farming communities cluster meetings ? (clusters allocation participated in rehearsals/simulation exercises (58. 3%); between farmers/SAPS • Improvement in number of farming communities partaking in white/blue light patrols (83. 3%) – also No rehearsals referring to provincial white/blue light patrols; • Improvement in number of RS coordinator appointed at No white/blue stations (71. 43%) with dedicated vehicles (24%); light patrols • However farm visits seem to decline in farming communities (-17. 02%) – farm visits should also be RS coordinator (vehicle) accompanied by applicable registers No farm visits changed)16 17 19 24 10 20 24 4 14 (25) 34 47 4 (19) 20 (35 irregular)

COMPARISON 2015 -2016 • Comparing complaints by organized agriculture during 2015 -2016 to 2014 -2015, seems if complaints increased on SAPS service delivery issues: q Majority of complaints focus on shortage of vehicles in rural areas, increased with 36. 67%; q Increase in poor reaction time of police 6. 67%; q Increase in poor investigation and or follow up of cases 64. 29%; q Increase in communication problems (language) at CSCs 60%; q It seems as if manpower shortages remains the same (6); q Increase in number of farming communities that have no complaints about SAPS service delivery (22. 22%) – good sign COMPLAINTS ITO SERVICE DELIVERY Vehicle shortages 2014 -2015 -2016 30 41 Manpower shortages 6 6 Poor reaction time 15 16 Poor investigation/ follow up cases 14 23 Language/ communication at CSC 10 16 No complaints 9 11 TOTAL 84 113

COMPARISON 2015 -2016 • Issue generate most complaints shortage of vehicles at 41 towns (48. 8%), added 6 complaints about manpower shortages, thus 47/84 towns (55. 9%) complain about manpower/vehicle shortages affecting police service delivery in farming communities (30 towns indicated during 2014 -2015) • 23/84 towns complained cases not properly investigated/followed up (27. 38%); • Poor reaction time (16/84 – 19. 05%); 16/84 towns complain about CSC problems (language/communication, changing shifts, no personnel during night time, etc); non attendance of crime scenes (11/84 – 13. 1%); restricted knowledge of area (7/84 – 8. 3%); TYPE OF COMPLAINT NR OF TOWNS % Shortage of vehicles 41 48. 81 Cases not properly investigated 23 27. 38 Poor reaction time 16 19. 05 Problems at CSC 16 19. 05 Non attendance of crime scenes 11 13. 10 No complaints 11 13. 10 Restricted knowledge of area 7 8. 33 Others 7 8. 33 Shortage of manpower 6 7. 14

TRUST RELATIONSHIP BT FARMERS/POLICE • 50/84 towns indicated that trust relationship between police and farmers significant, good and excellent and it improved when compared previous year (59. 52%) • 10 towns indicated that trust relationship between police and farmers poor/very poor (11. 90%) – 9 towns indicated trust relationship worsened compared previous year (10. 71%) - 8 towns indicated good between RS coordinator/Station Commander (SC) but not other police officials • Reasons affecting trust relationship between police/farmers: q Perceptions about some police officials involve in criminality (23 towns – 27. 38%); q Perceptions that some police officials incompetent and have restricted knowledge of area of operations; q Language/communication at CSC when reporting cases and police officials get transferred regularly; q Poor investigation and follow up of cases (no feedback), non-attendance of crime scenes; etc; • Where new SCs started and or buy-into RSS, working relationship and trust bt farmers/police improved at 17 towns (20. 24%) • Lots of good work still being conducted by police officials in FS – good working relationship exists between farming communities and SAPS at majority of stations/towns in FS - farming communities assist SAPS tremendously in farm attacks and prevention thereof • Audit shows that biggest threat to RSS is lack of sufficient vehicles/resources in rural areas – RS coordinators perform lots of adhoc functions at stations – such aspects address, RSS will improve tremendously in FS

STATSSA’S VICTIM OF CRIME (VOC) SURVEY 2016 VS FSA SURVEY 2017

• STATSSA VOC 2016 PROVINCE Stats. SA’s VOC survey 2016 indicates majority W-Cape of people felt violent crimes in RSA increased – E-Cape N-Cape Free State 48% Free State • FSA conducted survey on CJS amongst safety reps of DAU (27/69), thus 39. 13% response Kwa. Zulu-Natal N-West received Increased Decreased Stayed the same 52. 2 12. 9 34. 9 45. 5 18. 8 35. 6 43. 8 23. 1 33. 1 48 31 21 Gauteng • FSA survey 96. 3% respondents dissatisfied Mpumalanga with functioning of CJS in FS • Limpopo 70. 37% indicated biggest dissatisfaction SAPS RSA service delivery • 40. 74% dissatisfied with services rendered by NPA and Do. J • Some reasons dissatisfied with Do. J: q Sentences not seen as deterrent to criminals; extent/value of financial losses and future losses ito stock theft (cattle/sheep); seriousness/intensity of offence; habitual/repeat execution of offences; cost of investigation by SAPS SATISFIED WITH CJS 35. 6 47. 4 36. 6 38. 4 45. 8 41. 8 33. 1 25. 8 33. 6 31. 8 29. 6 28. 1 NR OF RESPONDENTS Yes No BIGGEST PROBLEM DEPTS IN CJS? 31. 3 26. 8 29. 8 24. 6 30. 1 % 1 3. 70 26 96. 30 NR RESPONDENTS % SAPS 19 70. 37 NPA 11 40. 74 Do. J 11 40. 74 DCS 1 3. 70 SANDF 2 7. 41

PERCEPTIONS: EFFECTIVENESS OF RSS • Majority respondents mean SAPS not sufficient resources in rural areas (96. 3%) whilst 81. 48% of opinion that budgetary constraints blamed for not providing sufficient resources (manpower/vehicles) to rural areas/communities • 62. 96% respondents feel that NPA not have sufficient resources to successfully prosecute perpetrators in courts – 48. 15% respondents of opinion that budget of NPA be improved to enable them to effectively serve communities • 55. 56% respondents perceive Do. J and SANDF also in need of more resources with budgetary allocations to improve their services • Human Rights Commission (HRC) investigation 2016 report ito Acts of violence on farms/smallholdings reflects that SAPS under resourced pertaining to manpower/vehicles in rural communities - NPA should step up involvement in combating crimes against farming communities and periodic progress reports by SAPS and NPA needed SUFFICIENT RESOURCES DEPTS IN CJS YES NO % SAPS 1 26 96. 30 NPA 2 17 62. 96 Do. J 1 15 55. 56 SANDF 2 15 55. 56 DCS 1 13 48. 15 BUDGETS DEPTS CJS YES NO % SAPS 1 22 81. 48 NPA 2 13 48. 15 Do. J 1 13 48. 15 SANDF 1 12 44. 44 DCS 1 11 40. 74 Unsure 4 0 0. 00

STATSSA VOC 2016 • PROVINCE W-Cape E-Cape VOC 2016 shows that 45. 6% of public felt N-Cape property related crimes increased - 80% of Free State farmers not reporting stock theft or theft of crops to SAPS Kwa. Zulu-Natal Increased Decreased Stayed the same 57. 6 12. 2 30. 3 49. 8 18. 1 32. 1 44. 9 22. 1 33 47. 7 32. 6 19. 7 N-West Gauteng FS 47. 7% of respondents perceive increase Mpumalanga in this type of crime Limpopo FSA survey shows that 77. 78% of farmers of RSA • Reasons: SAPS could do nothing about it, • • opinion that stock theft biggest crime affecting rural areas/farming communities, followed by acts of violence (serious/violent crimes) with 48. 15% - surveys at safety summits in FS amongst farming communities support this finding • HRC report 2016 SAPS should adopt effective policy and strategies to address stock theft – A 1 statement very problematic ito detailed description, elements of crime and sometimes potential perpetrators 41. 2 49. 1 40. 6 45 45. 8 45. 6 DISSATISFIED WITH TYPE OF CRIME 29. 1 23. 6 31. 6 27. 2 29 26. 2 29. 7 27. 3 27. 8 25. 1 28. 2 NR RESPONDENTS% Stock theft 21 77. 78 Serious/violent crimes 13 48. 15 Scrap/copper cable theft 8 29. 63 Housebreakings 6 22. 22 Other crimes 5 18. 52 Other theft 3 11. 11

STATSSA VOC 2016 • VOC 2016 shows except Limpopo FS mostly satisfied with SAPS service delivery 64. 4% - audit FS confirms almost 60% good working relationship exists in rural areas bt farming communities and police and RSS showed improvement • Most problems experienced with Vispol (CSC, reaction time, non-attendance crime scenes - 55. 56%) and Detectives (48. 15%) – VOC 2016 shows FS respondents mean SAPS arrive at crime scene after 2 hours (28. 6%) – audit FSA confirms poor reaction time in rural areas • HRC report 2016 recommended that guidelines for Vispol in rural communities be drafted and extension of reservist strategy should receive serious attention by SAPS – checklist for crime scenes recommended - since implementation of RSS in 2011 not further with reservist strategy • Biggest frustrations of respondents wrt investigation of cases (66. 67%), follow up of cases (48. 15%) to link/detect criminals with cases unsatisfactory – granting of bail to repeat/habitual offenders in stock PROVINCE W-Cape E-Cape N-Cape Free State Kwa. Zulu-Natal N-West Gauteng Mpumalanga Limpopo RSA 2013/2014/2015/2016 64. 8 59. 8 57. 1 66. 3 647 59. 8 59. 9 50. 4 53. 7 61. 1 58. 6 64. 4 56. 5 53. 2 58 50. 2 48. 2 51. 3 59. 2 57. 6 59. 9 56. 4 53. 7 54. 5 59. 5 58. 9 64. 6 59. 4 56. 9 58. 8 BIGGEST FRUSTRATIONS WITH NR SAPS RESPONDENTS % Investigation of cases 18 66. 67 Reaction time 13 48. 15 Follow up/feedback cases 13 48. 15 CSC 7 25. 93 Crime Prevention 6 22. 22 Crime Scenes 3 11. 11 Other 2 7. 41 SAPS COMPONENTS SERVICE DELIVERY CHALLENGES Vispol Detectives Crime Prevention Crime Intelligence NR RESPONDENTS % 15 55. 56 13 48. 15 7 25. 93

STATSSA VOC 2016 • VOC 2016 shows overall satisfaction of NPA in country 63. 9% and in FS 60. 1% for 2015/2016 – only Limpopo public more satisfied with NPA service delivery than FS • FSA survey shows that 77. 78% of respondents not satisfied with sentences delivered by Do. J § Farmers as complainants and witnesses notified in advance about court appearances – time consuming to sit whole day at court for case just to be postponed/remanded again § Specialist reports or witness statements should be taken into consideration by courts regarding impact/extent of crimes on agricultural land in order to provide for heavier sentences • 2015 Survey under safety coordinators in organized agriculture shows dissatisfied with investigation of farm attacks (75. 67%) by CJS PROVINCE W-Cape E-Cape N-Cape Free State Kwa. Zulu-Natal N-West Gauteng Mpumalanga Limpopo RSA 2013/2014/2015/2016 45. 4 32. 5 32. 2 68. 3 55. 2 52. 5 71. 6 62. 1 57 69. 7 60 60. 1 70. 9 59. 7 59. 6 65 53. 7 48. 8 57. 1 49. 3 47 72. 2 60. 4 55. 2 76. 2 71. 6 73. 5 63. 9 54 52. 3 SATISFIED SENTENCES NR BY DEPT JUSTICE RESPONDENTS % No 21 77. 78 Yes 5 18. 52 Unsure 1 3. 70

STATSSA VOC 2016 • VOC 2016 indicates biggest frustrations with NPA that courts too lenient 43. 6% towards criminals - FS respondents 61. 7% • Biggest frustrations according to FSA survey cases take too long to be finalised in courts (77. 78%) followed by cases continuously being remanded (62. 96%) – some cases 1725 times before court in FS; • Withdrawal of cases very problematic (55. 56%) - repeat issuing and withdrawal of J 534 s to perpetrators - seemingly withdrawals of cases/J 534 s reflect as successes at NPA on their statistics –- reasons for withdrawals should be provided • VOC 2016 second biggest concern wrt NPA cases take too long to be finalised and perpetrators released on PROVINCE W-Cape E-Cape N-Cape Free State Kwa. Zulu. Natal N-West Gauteng Mpumalanga Limpopo RSA Pref treat- Courts ment corrupt Other Not enough Drag too No convic- Perp notice tions released long 1. 9 0. 1 0 2. 8 8. 4 4. 3 4. 5 3. 7 5. 6 4. 5 2. 1 1. 2 1. 6 2. 5 1. 7 4. 8 7. 3 9. 5 4. 9 4. 2 0. 6 0. 8 0. 4 0 0. 8 3. 8 4. 8 8. 1 3. 9 1. 6 5. 9 4. 4 6. 6 10. 3 4. 8 6. 6 2. 8 0. 5 3. 5 2. 6 2. 5 2. 7 10. 2 3. 8 5. 9 7. 2 6. 8 7 FRUSTRATIONS NPA Cases take too long for finalization Cases remanded continuously Withdrawal of cases Bail to offenders Charges not added Withdrawal J 534 Other Courts too lenient 11. 9 16 22 17. 1 12. 3 8. 6 13 8. 6 47. 4 40. 1 66 61. 7 16. 1 22. 7 13. 5 26. 4 13. 8 16. 1 39. 1 53. 2 38 42 47. 5 43. 6 23. 4 7. 7 19. 9 12. 8 20. 8 17. 3 NR RESPONDENTS % 21 17 15 3 2 1 1 77. 78 62. 96 55. 56 11. 11 7. 41 3. 70

STATSSA VOC 2016 • VOC 2016 indicates aspects wrt DCS – most respondents opinion that prison locks away people who have been sentenced (69. 2%) – FS 71. 4% • Prisons are providing comfort to criminals (66. 4%) with FS also supporting this (62. 6%) • That 62. 2% of public feels that prisons rehabilitates offenders – FS concur with 56. 7% and that prisons are just colleges for crooks where they learn more tradecraft (61%) People not Parole Prison commit Prison Rehabi- Prison too violate Easy to crime locks PROVINCE litates college comfort easily rights escape again away W-Cape 42. 2 72. 3 76. 9 78. 1 26. 2 19. 6 14. 2 63. 1 E-Cape 65 64. 9 81 73 21. 9 30. 2 37. 2 79. 6 N-Cape 56. 3 65. 3 73. 4 64. 5 13. 2 13. 1 25. 5 84. 7 Free State Kwa. Zulu. Natal 56. 7 61 62. 6 54 18. 9 22. 6 50. 4 71. 4 62. 9 60. 5 63. 9 57. 1 25. 6 33. 5 42. 6 60 N-West 65. 9 52. 3 70 52. 2 19. 2 17. 6 34. 5 74. 3 Gauteng 61. 6 46. 8 59. 2 52. 4 24. 9 22 33. 2 69. 4 Mpumalnga 77. 2 54. 1 69. 4 53. 1 11. 6 21. 1 39. 7 77. 3 Limpopo 71. 2 48. 9 59. 1 46. 9 22. 2 26. 9 50. 3 63. 8 RSA 62. 2 56. 3 66. 4 58. 2 22. 6 24. 4 36. 1 69. 2

STATSSA VOC 2016 SUFFICIENT DJS FACILITIES? NR RESPONDENTS % No • FSA survey respondents feel that there not sufficient DCS facilities to house perpetrators (85. 19%) • In almost 60% of cases, such cases being withdrawn by courts due to unavailability of Correctional facilities for criminals 23 85. 19 Yes 2 7. 41 Unsure 2 7. 41 SHORTAGE DJS FACILIITES WITHDRAWAL OF CASES? NR RESPONDENTS % YES 16 59. 26 NO 8 29. 63 Unsure 3 11. 11

STATSSA VOC 2016 FRUSTRATIONS SANDF • FSA survey shows that farmers adjacent to RSA/Lesotho border dissatisfied with services rendered by SANDF in protecting/safeguarding borders Reaction time • 37. 04% of opinion that they experience problems with reaction time, that SANDF has restricted mandate to operate in cross border environment and they are less visible in this area • FSA survey shows that 96. 3% of respondents feel that government is neglecting CJS system to enable it with sufficient budget, resources to combat crime effectively especially in rural areas • In 2015, 38 of 72 (54. 17%) safety representatives of DAUs of FSA participated in survey for research wrt acts of violence on farms/smallholdings – 97. 37% respondents feel that not sufficient government or police strategies in place to prevent farm murders/attacks • 69. 23% of opinion that SAPS role in combatting of violence in farming community limited and more reactive of nature – proactive approach lacking • 96. 3% respondents opinion challenges/frustration with CJS NR RESPONDENTS % 10 37. 04 Restricted mandate 9 33. 33 N/a 8 29. 63 Less visibility Restricted operations 7 25. 93 5 18. 52 4 14. 81 2 7. 41 Lack of sufficient meetings Pro-active information Other GOVERNMENT NEGLECTING CJS Yes Unsure FARMERS PARTICIPATION INCREASE? Yes No NR RESPONDENTS % 26 96. 30 1 3. 70

IMPACT/EXTENT OF CRIMES ON AGRICULTURE § Stats. SA Agricultural survey 2015 determined 17% of households in municipalities in FS (157 510) living on agricultural land - farmers sole owners of their businesses, don’t receive any subsidies from government and need to provide employment and tenure to thousands of people in FS § Impact/extent of crime study conducted in Virginia during October 2016 - 50% sample drawn from number of commercial farmers in area - when calculating Virginia farmer’s losses in terms of theft (excluding stock theft) it be estimated between R 2. 312 to R 3. 511 million per year - some farmers indicated they don’t have any insurance § To calculate an estimate for 84 towns in FS some geographical areas are high crime/hot spot areas for specific crimes in FS - minimum estimate of copper cable, scrap metal, solar panel and corrugated iron sheet theft to agricultural sector in FS can be calculated at R 242. 453 million whilst maximum estimated loss calculated at R 455. 02 million, thus nearly half a billion rand loss (30 -60% under report rate included) § Stock theft has a tremendous impact on farmer’s sustainability and coupled with other property related crimes such as vehicle theft, housebreakings and srap/copper cable theft it has a tremendous impact on the agricultural sector not only to provide in terms of food security, but also to provide housing and employment to thousands of people in province – estimated loss on stock theft with under report rate of 70% taken into consideration could be in vicinity of R 1. 5 to R 3. 5 bn per year - a farmer’s time to farm also being restricted because of increase, impact/extent of crimes on agricultural land - spent lots of time, energy and finances to assist SAPS in combating property as well as serious/violent crimes on agricultural land through his involvement in white/blue light patrols (fuel, diesel and man hours lost) – Virginia study shows farmers spent between R 852 000 and R 3. 06 million per year on crime prevention operations – when this amount is converted to employment, farmers could have employ between 242 to 876 people in this area on current minimum wage

SUMMARY - CONCLUSIONS • Adopted RSS between organized agriculture and various stakeholders of which SAPS key stakeholder focus on human, property and food protection and security in rural areas – audit will evaluate whether service delivery is enhanced through improved visibility and response times in rural areas • It seems however when assessing surveys, audit of FSA as well as criteria what RSS should focus upon, that government is not enabling the Criminal Justice System (CJS) with improved budget (detailed implementation plans and targets) as well as resources (manpower and vehicles) to combat serious/violent and property related crimes in rural areas • Non-reporting of crimes in rural areas increased in vicinity of 70 -80% especially wrt property related crimes (stock theft) and most probably scrap/copper cable theft • Average detection rate of serious and violent crimes by SAPS on murder, attempted murder and aggravated robbery could be 29. 3% - detection rate of approx 53. 54% on acts of violence (farm attacks in FS from 2009 to 2015) and conviction rate of approx 72. 06% by NPA with guilty verdicts at 45. 58% • Overall recovery rate of stock theft is calculated at 30. 43% - conviction rate on general theft (17. 5%) which harbours a lot of crimes on agricultural land whilst stock theft is lowest with 14. 67% in relation to reported cases - however general theft (91. 05%) and stock theft (80. 55%) cases have highest conviction rate in courts • When comparing 2015 -2016 audit of FSA with that of 2014 -2015 it shows improvement in RSS in FS – 59. 52% of rural areas (farming communities) show good, significant trust relationship between them and police – however main challenges are restricted availability of vehicles/manpower in rural areas that impact negatively on reaction time, poor attendance of crime scenes, farm visits, etc

SUMMARY - CONCLUSIONS • Good working relationship exists between farming communities and SAPS at majority of stations/towns in FS - farming communities assist SAPS tremendously in farm attacks and prevention thereof • FSA survey 96. 3% respondents dissatisfied with functioning of CJS in FS – restricted communication at forums between organized agriculture SAPS, NPA and Do. J should improve as matter of urgency • FSA survey shows that 77. 78% of farmers of opinion that stock theft biggest crime affecting rural areas/farming communities, followed by acts of violence (serious/violent crimes) with 48. 15% • Under reporting on crimes big problem in rural areas and reasons should be effectively addressed – biggest service delivery challenges in SAPS as shown by survey aimed at Vispol and Detectives ito reporting crimes to CSC, non-attendance of crime scenes, investigation and follow up of cases • Biggest frustrations with NPA that courts too lenient 43. 6% towards criminals; FSA survey mentioned cases take too long to be finalised in courts (77. 78%) followed by cases continuously being remanded (62. 96%), withdrawal of cases very problematic (55. 56%) - repeat issuing and withdrawal of J 534 s to perpetrators • FSA survey respondents feel that there not sufficient DCS facilities to house perpetrators (85. 19%) and probable that correctional facilities are already overcrowded – this contribute to almost 60% of cases, being withdrawn by courts due to unavailability of Correctional facilities for criminals • Further FSA survey mentioned 37. 04% experience problems in cross border environment with reaction time of SANDF, restricted mandate and less visibility to operate in this arena

SUMMARY - CONCLUSIONS • FSA survey shows that 96. 3% of respondents feel that government is neglecting CJS system to enable it with sufficient budget, resources to combat crime effectively especially in rural areas • Minimum estimate of copper cable, scrap metal, solar panel and corrugated iron sheet theft to agricultural sector in FS can be calculated at R 242. 453 million whilst maximum estimated loss calculated at R 455. 02 million, thus nearly half a billion rand loss (30 -60% under report rate included) to the agricultural sector • Estimated loss on stock theft in Free State amongst agricultural sector with under report rate of 70% taken into consideration, could be in vicinity of R 1. 5 to R 3. 5 bn per year – additional research needed to conduct impact study assessment of crime in rural areas

RECOMMENDATIONS ITO CHALLENGES/FRUSTRATIONS • SAPS: database kept of reported cases especially wrt arrests/detections to monitor investigations through CJS – perseptions under farming communities that somewhere in chain of evidence, trial and sentence “someone is not performing” and that follow up information, feedback on cases and not being provided to complainants • SAP 6 statistics should reflect on cases of detection namely how many closed as undetected, withdrawn, guilty, etc – such information should be provided at priority committee meetings within RSS at provincial, cluster and station level – sentences by courts should also reflect on such database to determine whether justice was served • SAP 69’s on foreign nationals especially wrt repeat arrests and linkage to cases should improve to close all “loop holes” – when persons get arrested they don’t have ID/passports and SAP 69’s take a while to become available and such criminals grante bail – utilization of ID Max by SAPS should improve • NPA: Reasons why cases are being withdrawn by courts should be mentioned on database so that if farmers could contribute ito better A 1 statements, photos of crime scenes, etc they could be trained to provide and improve quality of such statements • Request that farmers should be informed by prosecutors as to when cases will come before court

RECOMMENDATIONS ITO CHALLENGES/FRUSTRATIONS • Linkages between perpetrators operating in groups focussing on property related and serious and violent crimes in rural areas/farming communities of utmost importance to provide evidence to courts for heavier sentences – involvement of farmer in whole chain of evidence important to testify in court either in bail opposing and or heavier sentences – reporting of all crimes should also become a priority to farming communities • Dedicted courts for specific crimes such as stock theft – to deal quicker and more effectively with repeat/habitual or organized crime perpetrators • Do. J: Perseptions under farmers that sentencing in courts are not sufficient ito crime committed – value and damage not taken into consideration – detailed research should be insituted to assess detection rate vs conviction rate against reported cases • Dedicated task teams should be appointed in clusters on priority crimes that will include property and serious and violent crimes ito organized crime – such teams should consist of Vispol, Detectives, Crime Intelligence, NPA, analyst ito integrated approach – provinsial level similar task team with similar members to coordinate and integrate information on relevant threats with defnitive implimentation plans to cluster level

RECOMMENDATIONS ITO CHALLENGES/FRUSTRATIONS • DCS: Perseptions that prisons are overcrowded, thus CJS is functional/working but seems as if those arrested being replaced by new criminals – research as to the generators/contributing factors on crimes should be conducted so that government should introduce effective strategies to deal with increase in crime levels • Government’s lack of providing sufficient correctional facilities could not be justifiable ground for courts not to sentence perpetrators for imprisonment (uitgewysde saak) • Parool boards should also provide prior notice to organized agriculture (victims/complainants) through the RSS when convicted prisoners parole hearings will take place so that through VOD victims could testify in these hearings • SANDF: More complement of manpower and vehicles needed in cross border environment on farms situated alongside RSA/FS/Lesotho border for border protetion and safeguarding • Farmer involvement: Continous exhange and provision of information to investigating officials by farmers should take place – farmers more involve in courts to testify – information and liaison to task teams originating from farms (workers and occupants) needs to take place

RECOMMENDATIONS ITO CHALLENGES/FRUSTRATIONS • Frustrations within CJS could lead to more civil arrests by farmers – more powers should be provided to farmers to assist in support of the RSS as well as the implementation of the reservist strategy that is 6 years in arrears • Farmers should be subsidized by government to employ security guards to protect their property – will decrease property and serious/violent crimes in rural areas/farming communities and enable the CJS to function optimally • Safety reps of organized agriculture should be enabled to assist SAPS in investigation and combatting of crimes especially to testify in courts and also during parole hearings • Increased frustrations and challenges within the CJS prohibits trust relationship between various departments, thus important to launch safety summits and interventions jointly with SAPS and organized agriculture in rural areas whereby such relationships are being hampered • Cost implications and impact studies on crime on agricultural land / farming communities of cardinal importance (research) to determine the extent of crimes and monetary losses farming communities experience wrt crime – such reports be utilized in courts to impose heavier sentences

THANK YOU Dr Jane Buys – 082 922 8434 jane@vslandbou. co. za