Police Sector Reform
Case Study: Republic of South Africa
Themba Shabangu
25-26 September
Outline
• Quick Facts – South African Police Service.
• Policing Under Apartheid.
• From Apartheid to Democracy.
• Police Reform Dilemma.
• Strategic Agenda for Police Reform.
• Police Reform Processes.
• New Department with Dual Functions.
• Police Legitimacy Building Process.
• Accountability Structures.
• Lessons Learned and Implications for Libya.
Quick facts: South Africa Police Service
President Appoints National
Commissioner for a Five Year
Term. Term extendable.
Bheki Cele
2009-2012
Jackie Selebi
2000 - 2008
Riah Phiyega
2012 to date
Prov
Pop
Police
Stations
Crime 03/04
Crime 11/12
LP
5m
11678 (462)
89
2266,6
1873,3
NW
3m
9399 (1:361)
94
4104,9
3061,1
MP
4M
9407 (1:375)
86
4300,1
3073,7
FS
3M
11599 (1:255)
110
5382,9
4343,9
NC
1M
6452 (1:170)
83
6799,4
3793,5
EC
7M
19184 (1:359)
191
3780,0
2806,2
KZN 10 M
24155 (1:414)
183
3864,9
2669,9
GP
34949 (1:277)
127
8158,9
4576,1
WC
George Fivaz
1995-2000
Total Police Budget =
$6,8 Billion
Provincial Commissioners
appointed by Nat Com in
consultation with Prov
10 M
5M
19692 (1:245)
146
9632,1
6601,9
Total Police Personnel
= 200 000
Sworn Officers =
157 518
Civilians =
41849
Police to Pop Ratio =
1:303
Police Stations=
1146
Total Women =
36%
White
Indian
Coloureds
African/Black
Fin Year 2012/13
11,86%
2,66%
10,65%
74,83%
Policing under Apartheid
10 “Independent States” & 11 Police
Forces - “right ethnic base”, gender and
race.
Police were militarised, protected, law
unto themselves
Police kidnapped, tortured, killed,
detained without trial political
activists/suspects
State Security priority over citizen safety
Police spent 10% of their time &
resources on crime prevention &
investigation.
Police were considered apartheid agents
and unpopular.
From Apartheid to Democracy
• Nelson Mandela was released from prison on 11 February 1990.
• National Party Government – apartheid architect – unbanned Political Parties and
legalised their activities.
• Multiparty negotiations From December 1991 - Interim Constitution of the Republic
of South Africa.
• The Constitution became the Supreme Law for RSA.
• RSA became a unitary state with elements of federalism.
• It included the Bill of Rights, including inalienable rights of detained persons
• Agreed not to establish a federal but one national and accountable Police Service.
Police Reform Dilemma
• Public Service, including the police, were established to maintain apartheid!
• Sunset Clause and Amnesty from Prosecution.
• Liberation but crime and violence increased threating RSA’s democracy.
• Maintain stability within the limits of a liberal democracy - however the norms and
institutions of democracy were unfamiliar and foreign to large section.
• Ruling party had no policing experience and capacity.
Key Police Reform Strategic Agenda
• Use Existing Police Personnel to establish new Police Service but;
• Ensure they are apolitical and are accountable!
• Citizens must see and perceive them as the legitimate agents of the
new regime!
• Demilitarise the Police!
• Be re-orientate the police to operate within Constitutional Democracy.
• Retraining and resourcing dealt with last two issues.
Establish a New Police Service
1
2
3
• President Appoints;
• Political Head who is a diplomat and not a military Person.
• Administrative head, from within the Police, George Fivaz, to lead the
new police.
• Set up Ministerial Committees with clear Terms of Reference of reference
and timelines to;
• Determine new operational boundaries and rationalise the forces.
• Develop a New Police Act that comply with the Constitution of the
Republic of South Africa.
• Amalgamate 11 Police Agencies and statutory forces onto one Police
Agency, rebrand and rebuild new Police
• Ministerial Committees are representative of all 11 Police forces and
statutory forces.
• Civil society and International experts provide technical assistance to
Ministerial Committees
New Department: Safety and Security
Ministers Committee
Executive Coordinating Committee
* Coordination & cooperation with
Provincial sphere of government
Independent Civilian Oversight structures
Independent Police Investigative
Directorate
Object (s 3)
1. Conduct independent and
impartial investigation of criminal
offences committed by SAPS and
MPS,
2. Make appropriate
recommendation (either internal
disciplinary or criminal
prosecution of SAPS/MPS
suspect.
Cabinet
Minister & Deputy
Minister
Secretariat of Police
Object (s 3)
1. Advise Minister of his/her powers,
performance of duties & functions
2. Promote Democratic Accountability
& Transparency of SAPS
3. Develop and Monitor poling policy
implementation
4. Evaluate SAPS functioning and
report to Minister
* Policy discussion (review, evaluate) and
alignment of policing needs & Gov
Priorities
* Formalise Political Direction
* Coordinate operational and supporting
functioning of Dept
Powers and function separate
& defined in Constitution and
SAPS Act
South African Police Service
Object (s205 (3))
1. Prevent, combat & investigate
crime.
2. Maintain Public Order
3. Protect and Secure inhabitants and
their properties
4. Uphold and enforce the law
Legitimise the New Police
•
•
•
•
Political Ownership
•
•
Build Public Awareness and Citizen Acceptance of New Police
Ensure Public Awareness of Accountability Mechanisms,
Provide Policy Direction and Resources
South African Police Service level - Acceptance that it’s a Rebuild and Not New
•
•
•
•
•
Change Management
Service Recipients Level
Political Level (President, Political Parties and responsible Minister)
New Corporate Identity,
Representivity
Change Focus and Prioritise Community Safety,
Re-orientate & Retrain to Operate Within a Democracy,
Improve Public Access and Service Delivery
Establish Community Police Forums
•
•
•
To Build Police-Community Relations,
Enable Police to Understand Community Priorities & to Account
and Joint Problem Solving
Accountability Mechanisms
• Parliament
• Multi-party Police Portfolio Committee
ALL
MPs
Questions & Answer session in the National Assembly
Proportional
Representation
• Independent Police Investigative Directorate
• Civilian Secretariat for Police
Invest Crime committed & abuse by Police
Civilians
Monitor Police Conduct
• Auditor General
Accountants
• Community Police Forum
Com & Police
• Judicial Review
Budget allocation, Performance Review
Courts
Assess appropriate use of Public Funds &
outputs
Police Service Delivery report
Verify adherence to Rights of Offenders &
Civil litigation For abuse of power
Lessons Learned
• Efficiency in Policing Opposition to the State Does Not Easily Translate to
Efficiency in the Prevention and Investigation of Crime.
• Effectiveness of Accountability Structures is Dependent on Skills and Sector
Knowledge.
• Police Reform Process Should Aim to Retain Skilled & Experienced Police
Officials who Served Previous Political Dispensation.
• Police Legitimacy is Dependent on Ability to Manage Crime and Police
Integrity.
• Community Policing Forums Improved Police-Community Relations.
• Process to Recruit and Retain Senior Police Managers Affects the
Independence of Police Institution from Political Influence.