L A TI N E D FI N

L A TI N E D FI N Implementing Farlam’s commission recommendations in the context of a broad transformation of SAPS Discussion document July 2015 PRELIMINARY O C FOR DISCUSSION 1

Preface – objective of this presentation is offer a reactions to the Farlam Commission recommendations within the context of a broader SAPS transformation • Firstly, words of gratitude should go to Retired Judge Farlam, to all the members of the Commissions and to everyone that has collaborated to this important process. It has been a monumental and successful work of creating transparency around one of the most tragic moments of our democratic history. We appreciate the professionalism with which the Commission worked, the level of accuracy and completeness of the final document and the incisiveness of the recommendations for SAPS • We believe this is an extraordinary and timely opportunity for us to fully embrace the Commission’s recommendations and to use them to drive a broader and profound transformation of SAPS • To this end, we shall immediately initiate the creation of the Independent Panel of Experts, as recommended. We shall also create a Transformation Task Force, under the leadership of the Deputy Minister. Its responsibility will be to ensure proper implementation of the Independent Panel’s conclusions, as well as of the SAPS transformation • Transforming SAPS will be a monumental task. At least in the initial and defining phases it will need to be led with an outside-in approach. Equally fundamental for the success of the operation will be for this to become a Presidential project. We’ll also need full support from all members of Cabinet and in particular the Security Cluster and Treasury • One of the immediate actions will be around SAPS operating model and leadership structure, focusing on the key positions: Corporate Services, Finance (CFO), Information Technology (CIO), Communication and of course Provincial Commissioners. 2

List of Farlam Commission’s recommendations regarding SAPS (1/3) • The Commission has recommended that a Panel of Experts be appointed, comprising: • Senior officers of the Legal Department of the SAPS; Senior Officers with extensive experience in Public Order Policing; Independent experts in Public Order Policing, both local and international, who have experience in dealing with crowds, armed with sharp weapons and firearms, as presently prevalent in the South African context. • This panel should, amongst others: Revise and amend all prescripts relevant to Public Order Policing; • Investigate the world’s best practices and measures available for use, without resorting to the use of weapons capable of automatic fire, where Public Order Policing methods are inadequate. • In Public Order Policing situations, operational decisions must be made by an officer in overall command, with recent and relevant training, skills and experience in public order policing. • All radio communications should be recorded and the recordings should be preserved. • Plans for Public Order Policing operations should identify the means of communication which SAPS members will use to communicate with one another. • A protocol should be developed and implemented for communication in large operations including alternative mechanisms, where the available radio system is such that it will not provide adequate means of communication. 3

List of Farlam Commission’s recommendations regarding SAPS (2/3) • The SAPS should review the adequacy of the training of the members who use specialized equipment such as water cannons and video equipment. • All SAPS helicopters should be equipped with functional video cameras. • In operations where there is a high likelihood of the use of force, the plan should include the provision of adequate and speedy first aid to those who are injured. • The commission also emphasizes that all police officers should be trained in basic first aid. • There should be a clear protocol which states that SAPS members with first aid training, who are at the scene of an incident where first aid is required, should administer first aid. • Specialist firearm officers should receive additional training in the basic first aid skill needed to deal with gunshot wounds. • The Commission adds that the recommendations by the National Planning Commission, for the demilitarization and professionalizing of the SAPS, should be implemented as a matter of priority. • With regards to accountability, where a police operation and its consequences have been controversial, requiring further investigation, the Minister and the National Commissioner should take care when making public statements or addressing members of the SAPS. 4

List of Farlam Commission’s recommendations regarding SAPS (3/3) • They should not say anything which might have the effect of ‘closing the ranks’ or discourage members who are aware of inappropriate actions, from disclosing what they know. • The standing orders should more clearly require a full audit trail and an adequate recording of police operations. • The SAPS and its members should accept that they have a duty of public accountability and truth-telling, because they exercise force on behalf of all South Africans, the Commission states. • The staffing and resourcing of the Independent Police Investigations Directorate (IPID) should be reviewed to ensure that it is able to carry out its functions effectively. • Referral for further investigation in terms of Section 24(1) of the NPA Act - The Commission recommends a full investigation, under the direction of the Director of Public Prosecutions in North West, with a view to ascertaining criminal liability on the part of all members of the SAPS who were involved in the incidents at scene 1 and 2. - For the purposes of the investigation, a team should be appointed, headed by a Senior State Advocate, together with independent experts in the reconstruction of crime scenes, expert ballistic and forensic pathologists practitioners and Senior Investigators from IPID, and any such further experts as may be necessary 5

Observations in relation to allocation of resources vs delivery Anticipated annual spend on private security ~R 50 B (2010 est) Salaries account for 74% of SAPS expenditure in 2012/13; Singapore benchmark ~59%* SAP expenditure accounts for ~7% SA budget allocation Growth in SAPS expenditure higher than inflation (~6%) Note: 2013 -2017 headcount numbers have been forecast using employee growth rate from 2006/7 -2012/3; * based on 2011 est. Source: SAPS Annual Performance Report & Annual report, Lit Search, Singapore Police Force Annual 2011/12 SAPS missions hasn’t been fulfilled in last years, despite increasing costs – funding of the transformation will partly come from efficiencies, partly from additional resources 6

Key Missions in Repositioning SAPS Improve SAPS proximity and accessibility Prevent, investigate, repress crime Integrate Security Cluster Coordinate international entities • Improve visibility in the community and accessibility of SAPS forces by any member of the public • Implement measures to prevent individuals or institutions from committing crime • Build transversal ICT network across the police, justice and correctional services departments • Cooperate with local and international stakeholders to ensure the success of crime prevention and repression measures • Reduce fear caused by crime in the community through increased engagement with the community (e. g. , community forums, …) • Repress, investigate and resolve crimes quickly and effectively, and ensure offenders are brought to justice • Improve processes and policies to enable effective ICT implementation • Integrate SAPS and metro police forces - Exchange intelligence and information - Cooperate in crisis management - Share best practices in fighting crime Ensure trust and respect from the community to build a strong public image 7

Key implications and points of attentions raised by Farlam commission on SAPS organisation and culture • Leadership fit (Sr. management) • Competencies and skills assessment (esp. Commissioned officers) • Organisation structure - Specialized units - Sizing • Values and code of ethics/ conduct • Performance management and consequence management • Internal affairs, complaints management (IPID) Operating principles and procedures Equipment and infrastructure • Intelligence, planning, tactical options decision • Gear • Command control • Weapons • Communications protocol • Engagement rules and use of force - Line and distance management - Negotiations - Arrest procedures - Physical, mechanical, deadly force - Shield, armour, vest, helmet - Specified rifles and ammunitions (POP) - Batons, spray, tear gas - Water cannons • Communication and evidences - Integrated radio comm, alternative channels - Video recording (vehicles, officers, helicopter, satellite) • Briefing/ debriefing • Vehicles - Armoured vehicles - Mobile operational centers Training and learning • Mandatory, periodic training programmes - Physical Combat Use of weapons Policies and procedures Team work, self control Human rights, diversity, unconscious bias Crisis resolution, safety First aid … Legislative and regulatory framework • Police demilitarization (tbd) • Police professionalization • Knowledge management system - Staffing, resources, autonomy, … 8

Response to the Farlam Commission’s recommendations Vision/ambition: FOR DISCUSSION Make South Africa safe and build a national asset that South Africans are proud of and police officers proud to serve in Goals/ metrics Reduction in violent crime rate, reduction in crime against women and children, increase in detection rates, shift in public perception of the SAPS force, Transparency Corruption Perception Score, Net Promoter Score, etc. Improve SAPS proximity and accessibility SAPS Missions Prevent, investigate, repress crime • Improve visibility in the community • Increased engagement with the community • Implement crime prevention measures, including predictive analytics • Repress/investigate/ resolve crimes quickly Integrate Security Cluster Coordinate international entities • Integrate Security Cluster • Exchange intelligence and operations and processes information • Implement integrated ICT • Cooperate in crisis management system supported by operational integration • Share best practices in fighting crime • Explore unification of police forces Implementation of Farlam Commission recommendations Culture and people (Strong leadership, Police Academy, adequate training, performance mgt, role models recognition, use of experienced reservists, adequate compensation) Organization structure (Sizing, number of layers, level of specialization, how to deploy resources/equipment in differentiated way, standardized and optimized processes ) Key enablers Operating principles, skills, training and professionalization (Sizing, number of layers, level of specialization, how to deploy resources/equipment in differentiated way, standardized and optimized processes ) ICT infrastructure and equipment (Criminal databases, mobile communication, CCTV technology, police station equipment, vehicles, labs, fire arms, protective gear, …) Funding (Adequate funding to allow potential compensation increases and priority equipment upgrades) Legislation, policy, regulation (Adequate laws to support police effectiveness) 9

As an immediate step, an Independent Panel of Experts will be created - a Presidential Project President Independent Panel of Experts Minister of Police • Composition - Led by a retired Judge, appointed by the President - The reporting line shall be the Minister to the President and Cabinet - International experts in POP (emphasis on countries with issues related to POP and best practice in the use on non-lethal methods) - Local experts - Senior officers with relevant experience and high integrity - Senior officers from SAPS Legal Department and Secretariat • Mandate (non-exhaustive) - Revise and amend all prescripts relevant to Public Order Policing; - Investigate the world’s best practices and measures available for use‚ without resorting to the use of weapons capable of automatic fire‚ where Public Order Policing methods are inadequate. • Process - The process (method, work structuring, proposal formulation, . . ) will be facilitated by professionals - Outcomes periodically presented to the Minister for approval - Proposals submitted to Cabinet and then implemented by Minister directly or through National Commissioner - Hypothesis duration 6 months • • Ministerial Committee Operational Committee Deputy Minister of Police National Commissioner General Operational Services Visible Policing Provincial Commissioners Deputy National Commissioners Physical Resource Management Administration Crime Detection Detective Services Crime Intelligence and Protection Services Human Resource Management Administration Chief Operations Officer Divisional Commissioners • • Presidential Protection Services Internal Audit Executive Legal Officer Advisor 10

A Transformation Task Force to lead the change management from “outside-in”. President Minister of Police Transformation Task force • Composition - Chaired by the Deputy Minister National Commissioner International and local experts Selected senior officers of SAPS • Mandate - Investigate the world’s best practices and measures available for use regarding microcriminality and Syndicated crime - Formulate proposal regarding the other aspects of SAPS transformations: Organisation and culture change, professionalization, ICT, Big Data, funding issues, … - Receive and integrate recommendations from Independent panel of experts - Prepare an integrated plan for SAPS transformation (incl. creation of a Results Delivery Office) • Process - The process (method, work structuring, proposal formulation, . . ) will be facilitated by professionals - Outcomes periodically presented to the Minister for approval - Overall transformation plan submitted to Cabinet and then implemented by Minister directly or through National Commissioner - Hypothesis duration 3 -5 years Deputy Minister of Police National Commissioner General • • Ministerial Committee Operational Services Visible Policing Provincial Commissioners Deputy National Commissioners Physical Resource Management Administration Crime Detection Detective Services Crime Intelligence and Protection Services Human Resource Management Administration Chief Operations Officer Divisional Commissioners • • Presidential Protection Services Internal Audit Executive Legal Officer Advisor 11

Transformation task force: key roles and composition (preliminary) ROLES/MANDATE Minister • Task Force will provide Recommendations, the Minister will decide • Lean team, 1 leader and ~4 -5 FTEs, one per major area of the transformation (possible to complement with external consultants) • Weekly update to task Force Lead (DM) on overall program progress vs. goals (discuss results/impact) • Support design the initial overall Transformation Program • Support critical program trade-off decisions and cross-functional roadblocks Task force resolution • Ensure resourcing and funding • Apply consequence management Deputy Minister Results Delivery Office • Provide common framework and simple tools for risk assessment, sponsorship, tracking/reporting (& escalation) progress • Review change mgmt. plans and status (communication/ engagement, sponsorship) • The normal Chain of command will implement decisions SAPS Sr. Management • 5 members, incl. NC, 1 -2 PCs and Sr. Management • Provide input on “as is” and identifying major risks of the implementation and interventions to mitigate them • Contribute to Transformation Program definition and to critical decision making • Become Ambassadors/Champions of the Transformation and SAPS line of command Experts/ Advisors • Ensure implementation in the respective areas of responsibility • 3 -5 members, local and international, specialized in POP, Syndicate crime, … • Provide benchmarks and best practices in each technical area of the transformation • Contribute to the analysis of the “status quo” (baseline) and to the critical problem solving • After the overall transformation program approval and launch, option to move RDO within SAPS, reporting to NC but maintaining a dual line of report to DM, could be considered • Support the Transformation Program definition • Provide input to the implementation plan: priorities, work-planning, funds quantification, risks identification and mitigation 12

In the next 24 months, SAPS Transformation will focus on 3 main “imperatives” working through 6 enablers Imperatives Farlam’s commission recommendations (and focus on POP) Micro-criminality - Highjacking - Robberies Syndicates - Drugs - Customs/borders Enablers Culture and people Organization structure Operating principles and training ICT infrastructure and equipment Funding Legislation, policy, regulation 13

SAPS organisation structure and its leadership will be subject to a thorough review and assessment process Minister of Police Contains division related to crowd control (public order policing) and border control units • Ministerial Committee • Operational Committee Directorate For Priority Crime Investigation (DPCI) Hawks under this division Operational Services Visible Policing Provincial Commissioners Deputy Minister of Police Immediate emphasis and action will happen in regards of key positions: - PCs - CIO - CFO - Corporate Services National Commissioner General Crime Detection Detective Services Crime Intelligence and Protection Services • Presidential Protection Services • Internal Audit Visible Policing Detective Service Physical Resource Management Administration Human Resource Management Administration Chief Operations Officer Operational Response Services Forensic Services Supply Chain Management Personnel Management Organisational Development Financial and Administration Services Human Resource Utilisation Corporate Communication Technology Management Services Human Resource Development Corporate Communication Inspectorate Division recognised as having a backlog in cases; technology behind international standards Executive Legal Officer Advisor Institutional Reform And Service Delivery Deputy National Commissioners Divisional Commissioners 14

In addition and consistently to a Code of Ethic, a specific cultural and behavioural change programme will be launched - example of “moments of truth” with the public MOMENTS OF TRUTH Police officers on patrol EXAMPLES OF NECESSARY BEHAVIOURS ILLUSTRATIVE • Treat members of the public and colleagues with respect and courtesy • Do not abuse powers or authority • Demonstrate vigilance and focus during patrol Police officers involved in an intervention • • • Member of the public calls the police station • Treat members of the public with respect and courtesy • Carry out work and responsibilities diligently Member of the public visits a police station • • … Treat members of the public and colleagues with respect and courtesy Be sensitive to victims’ emotional stress Do not abuse powers or authority Only use restraint when necessary and in proportion to the situation Carry out work and responsibilities diligently Treat members of the public and colleagues with respect and courtesy Ensure basic amenities are available to the public (water, bathrooms, etc. ) Carry out work and responsibilities diligently Treat information confidentially • … There are potentially 3 -5 moments of truth during which appropriate police behaviour/implementation of the code of ethics is critical 15

Priorities will be defined by geographical area, consequently differentiating SAPS action and resources deployment Property related crime, commercial crime & aggravated robbery highest in Gauteng 21. 6% of all crime takes place in W Cape (2 nd highest nationally) Drug related crime highest in W Cape Theft of m/vehicles & m/cycles highest in Brooklyn 27% of all crime takes place in Gauteng (highest nationally) 16. 9% of all crime takes place in Kwazulu Natal (3 rd highest nationally) Contact crimes highest in Kwazulu Natal Rates of violence highest in central business districts of large cities 42. 9% of murders take place in KZN & E Cape A SAPS closer to the citizens and to the territory Crime type and occurrence should determine specialized units location and deployment of resources Collaboration with local communities will also be critical part of the transformation Source: Crime Stats South Africa; 2014 16

An important component of the transformation will be an integrated ICT system Security Cluster Action Request for Service Property and Exhibit Management Reporting & investigation Integrated Case Docket Management System Detention Management Prosecution Incarceration Case management system CCTV system Mobile reporting system Core info infrastructure Central criminal database Security alerts Private Mobile Radio (PMR) Inmate tracking system Prison central control system Central citizen registry Rehabilitation/parole Biometric ID system Parole monitoring system Mobile calls intelligence Support infrastructures Other safety and security bodies e. g. military, fire departments, hospitals, etc. Connecting Fixed & Mobile high speed networks, Tetra, … Elaborating Data centers infra with high elaboration capacity, … Monitoring IT & Network secured environment Control room & monitoring structures, … 17

. . Also allowing new investigation techniques – example of data mining and phone traffic monitoring COLLECT CRIMINAL CASE RECORDS BUILD A NETWORK OF CASES AND IDENTIFY PATTERNS LINK INMATE PHONE CALL DETAILS TO PATTERNS Possible criminal ring leader Inmates making frequent calls outside Create a network of criminal cases and their actors i. e. type, location, time, actor, home address etc Identify groups of actors and facts that are tightly bound together Use the call details records from inmates using “pirate” mobile phones to predict repeat offenders Increase investigation speed and reduce repeat offenders Source: Realimpact analytics, Belgium Police 18

Equipment will be modernized and specialized by type of police activity – examples Public Order Policing LESS THAN LETHAL (LTL) FIREARMS ANTI-RIOT AND ANTIFLAME GEAR TOOLS AND NONFIREARMS WEAPONS COMMUNICATION EQUIPMENT 19

Preliminary estimates put the costing of the exercise at approximatively R 75 M per year Role # Cost (RM) Hypothesis Independent Panel Leader 1 1. 5 Average remuneration for a High Court judge Experts 5 9. 0 5 x 5 days/month x 12 months x R 30 K Secretarial/admin support 3 1. 5 3 x 500 K/year Expenses - 4. 8 Travel, phone, space, …; 40% of salaries Subtotal 16. 8 Transformation task force RDO Head 1 1. 5 Experts 5 18. 0 5 x 10 days/months x 12 months x 30 k RDO staff 5 3. 8 5 x 750 k/year Expenses - 9. 3 Travel, phone, space, …; 40% salaries Process consultants - 25 12 months, 4/5 FTE Subtotal 57. 2 Total 74. 0 20