5 August 2008

1.
About Business Against Crime South Africa
2.
BAC SA Reasons for making this submission
3.
What Business Against Crime understands about the
DPCI
4.
Key factors for Success
5.
Recommendations by Business Against Crime SA
6.
Way Forward and Conclusions
Slide 2

 BAC SA is a not-for-profit (Section 21) company formed in 1996 following a request by Govt through then-President Mandela
 BAC SA has since its establishment, supported Government in the fight against crime
 BAC SA represents a large portion of the Business sector, with a Board comprising business leaders from industry, commerce, as well as office bearers from BUSA, BLSA, and the BBWG
 BAC SA is funded by the business community, and serves as the conduit through which business support is mobilised to support government

Slide 3
BAC SA has developed a close relationship with government in the fight against crime, built on a foundation of mutual trust and respect

 Organized crime is evolving and becoming increasingly sophisticated
 An effective counter to this threat is therefore critical, at a better level of sophistication - An International problem!
 Attractiveness of SA to international crime syndicates increasing the country’s vulnerability (Gateway to Africa, Airports, Ports, Financial
Institutions, Telecommunications, etc)
 SA & BAC SA experience about what works in the South African context – based on years of working with government, such as the Specialized
Commercial Crime Courts and Anti Hijackings initiatives

Slide 4
The Bill does not appear to address key issues required to improve the fight against organized crime in relation to international and local learning.

 Government recognition that Organized Crime needs to be addressed in a comprehensive fashion through DPCI
 The DPCI will exclude Prosecutors and people involved in intelligence gathering
 DPCI will investigate matters in Sec 16 of SAPS Act which states that all crime must be investigated by the Provincial Commissioners of SAPS
 The National Commissioner of SAPS shall have the final say on who investigates any particular matter.
 DPCI shall be a Division of SAPS. Head of DPCI shall report to Deputy
National Commissioner of SAPS.
 Transfer of DSO investigators shall be done without negatively affecting remuneration and conditions of service .
Slide 5

 Appropriate enabling legislation guaranteeing multi-agency collaboration, oversight and independence;
 Single, suitably mandated, lead agency;
 Strong Intelligence driven approach
 Core skills of Lead Agency involves the adoption of an
Integrated Approach ( Intelligence – Investigations –
Prosecutions );
 Task Teams - Enhanced cooperation across law enforcement agencies and other support departments, (e.g. Revenue
Services, Customs & Excise, Home Affairs, SIU, AFU, FIC, etc.)
Slide 6

 Specialist training, competitive remuneration and adequate resourcing;
 A unique brand that gives its members a proud identity and meaning.
 Effective communications including publicly declaring performance and results
 Unambiguous Support and Defense by the collective Political
Leaders
 Day to day Oversight and Support by Senior Management and
Officials
Slide 7

 Need for Functional Integration
 Intelligence driven Investigations and Prosecutions
 Multi-Agency & Multi Dept task teams
 Status and Relative Importance of the DPCI
 Head of DPCI should be Deputy National Commissioner
 Clarity of Scope and Powers
Slide 8
 Amend section 16 to sufficiently clarify the scope and powers of the DPCI such that its mandate is totally clear and no confusion.

 Effective Oversight
 In view of the excessive concentration of too much powers in the hands of the National Commissioner of
SAPS, an appropriate oversight body is an absolute necessity
 Retention of Skills
 Communication of Performance and Results
Slide 9

 There should be no tolerance for corruption and organized crime in South Africa
 Establish the DPCI to retain the attributes that will ensure success against organized crime
 Checklist for a successful design:
 Does the new unit have the required status & legislative backing to achieve the mandate?
 Does the new unit have the ability to attract and retain the skills necessary?
 Will the new be Intelligence driven to respond adequately to growing sophistication of organized crime?
 Will it harness the task team approach? – Will it be enabled to draw skills from other law enforcement agencies & departments?
 Is its mandate clear and will have the ability to marshal resources required?
Slide 10
 Does it enjoy the independence, Capacity and Support to investigate crime & corruption in every echelon of society – particularly at top levels?