Ten Year Report
 

CIVILIAN SECRETARIAT DEPARTMENT OF SAFETY & SECURITY

TEN YEAR ACHIEVEMENTS

JUSTICE, CRIME PREVENTION & SECURITY (JCPS)

Transformation of the Cluster Departments

Before 1994 the JCPS Departments broadly lacked integrity, legitimacy, transparency and equal treatment of citizens and were largely directed at propping and illegitimate system. They were characterised by an uneven distribution of resources between the traditional white and black areas.

Since 1994 efforts were directed at the unification and integration of the police services of the different police administrations established under the apartheid system into one unified police service. These efforts have resulted in the following improvements:

• A uniform Criminal Justice System
• Accessibility to Justice by all citizens
• Strong Civilian oversight over components cluster departments
• Improved efficiency and effectiveness
• Promoted representivity with regard to race and gender within the police service
• Improved communications and systems
• Promoted community participation through statutory measures by establishing community policing forums
• The Justice System has been made accessible and equitable by introducing the legal aid board
• Constitutionalisation of the independence of the judiciary
• The constitution introduced specialized courts such as the sexual offences courts and juveniles courts
• The re- engineering of the correctional services to emphasize the rehabilitation of inmates / prisoners rather than the punishment of the offenders
• Introduced juveniles secure centers to keep juveniles in conflict with the law away from the adult and hardened prisoners
• The Integrated Justice System (IJS) assists the police to process investigations and the Justice Department to process court procedures more quickly and efficiently
• Since 1994 we have seen the transformation of the bench where Judges of the Supreme Courts are not only drawn from the practicing Advocates of the Supreme courts but are also drawn from the legally qualified Professors

Reducing Crime and Enhancing Stability

When the democratic government came to power in 1994 the levels of crime were of a serious concern. To address the level of crime in the country, government adopted the National Crime Prevention Strategy (NCPS) which is an integrated, coherent and cohesive approach involving all stakeholders in the fight against crime. There is evidence that government is beginning to make an impact on the crime situation. Serious crime levels are continuing to decrease and stabilize. Statistics show that with the exception of “common assault” and “other theft” , all twenty serious crime trends and the four sub-trends of robbery with aggravating circumstances have recently either stabilized or are decreasing compared to the figures since 1994.

Nationally, the increase in “other theft” was insignificant (0.7%). The total data indicates a very constant and significant decrease in murder between 1994 and 2002. the total decrease between 1994 and 2003 was 30.7%.

Based on the National data, aggravated robbery has increased since 1996. It should also be noted that close to 50% of all robberies relate to cellphone theft or misplacement with high reporting rate for insurance purposes. The so-called high profile robberies, namely vehicle high-jacking, bank related robberies have decreased by 33.7% respectively since 1996.

These trends were achieved within two years since the implementation of the National Crime Combating Strategy (NCCS), which is better known as ‘Operation Crack Down’.

With regard to the crime combating strategy the following achievements were realized during the period under review as part of the programmes of expanding our policing infrastructure evenly across the province and in all our communities.

• 9 new police stations were built in Mpumalanga since 1994 in the following regions:

Gert Sibande / Eastern Highveld

• Emzinoni
• Hendrina
• Volksrust
• Haartebeeskop
• Wakkerstroom
• Morgenzon

Nkangala / Highveld

• Witbank
• Groblersdal
• Ekangala

The following police stations are due for construction over the next three years:

• Pienaar
• Hazyview
• Mbuzini and
• Ermelo

Six police station were upgraded with another twenty police stations due for upgrading and repairs over the next three years.

The following improvements in the form of programs have been observed since 1994 in the South African Police Service:

Detective Services

Among some of the important achievements effected at an operational level to enhance service delivery within the South African Police Service is the restructuring of the Detective Services with the view to ending the weaknesses of conducting detective work in silos. The re-organisation of the detective services led to the closure of the following units.

• Murder
• Vehicle Crime Investigation
• Illegal firearm
• Stock Theft
• Transit theft
• Diamond and Gold
• Fraud
• Anti corruption
• SANAB

In order to improve the policing service delivery the units were centralized and based in the listed areas:

• Middelburg
• Kwa-Mhlanga
• Secunda
• Nelspruit
• Ermelo
• Oshoek
• White River and
• Komatipoort

HIGHWAY PATROL

The task of the unit is to respond to hijackings, armed robberies, give assistant to the public, assist with traffic control, escorts security companies transferring money and visit pensioner’s pay points. The Unit has attained a substantial major of success in arresting the perpetrators of serious and less serious crime ranging from assault, murder and armed robbery

MARKING OF FARMS

Mpumalanga has a very large farming community were farms are not always well known, or the exact location is not always very clear to the police and members of the public. A program was started by the stations to mark the farms within their stations areas. Every farm has been given a unique number for identification purposes.

COMMUNITY POLICE FORUMS (CPFs)

Community Police Forums play an important role in mobilizing the people against crime and in bridging the communication gap between communities and the police services. To this end, 84 CPF structures from the 93 police stations have been put in place throughout the province.

Nkangala / Highveld

23 CPF structures are functioning

Gert Sibande / Eastern Highveld

All CPF structures are functioning

Ehlanzeni / Lowveld

24 CPF structures are fully functioning

Training to develop capacity of CPFs was provided in all flash point stations, by doing a SWOT analysis of the precinct, developing a community safety plan with SAPS, conflict management and dispute resolution. The following CPF’s were provided the training:

Nkangala / Highveld

• Siyabuswa
• Verina
• Vosman
• Emalahleni
• Ogies
• Belfast
• Waterval Boven
• Moloto
• Mmamethlake
• Dennilton
• Mhluzi
• Vaalbank
• Seabe
• Tweefontein
• Kwaggafontein

Gert Sibande / Eastern Highveld

• Sakhile
• Ermelo
• Piet Retief
• Delmas
• Breyten
• Badplaas
• Elukwatini
• Carolina
• Driefontein
• Balfour
• Volksrust
• Trirchardt
• Embalenhle

Ehlanzeni / Lowveld

• Kanyamazane
• Kabokweni
• Barberton
• Burgersfort
• Masoyi
• Malelane
• Low’s Creek
• Matsulu
• Hazyview
• Nelspruit
• White River
• Tonga
• Mbuzini
• Sabie
• Ngodwana
• Pilgrim’s Rest
• Komatipoort

ANTI CRIME RALLIES

Major anti – crime rallies were held in all the three regions in the province :

 Nkangala / Highveld

• Siyabuswa
• Waterval Boven
• Kwamhlanga
• Vosman
• Ackerville
• Kwaguqa
• Moutse
• Dennilton.

Gert Sibande / Eastern Highveld

• Piet Retief
• Standerton
• Wakkerstroom
• Ermelo
• Embalenhle
• Delmas

Ehlanzeni / Lowveld

• Zwelisha
• Mangweni
• Tubatse
• Matsulu
• Kanyamazane
• Driekoppies

CAMPAIGNS

In the quest to mobilize people against crime and to improve co-operation between communities and law enforcement agencies, several crime campaigns were held at various venues in the following regions:

Nkangala / Highveld

• KwaMhlanga
• Moloto
• Seabe
• Waterval Boven
• Belfast
• Mhluzi
• Emalahleni
• Ogies
• Kriel
• Mmametlhake
• Nokaneng
• Vaalbank
• Tweefontein
• Kwaagafontein
• Siyabuswa
• Verina
• Dennilton
• Vosman
• Lefiso

Gert Sibande / Eastern Highveld

• Embalenhle
• Bethal
• Piet Retief
• Morgenzon
• Ermelo
• Emzinoni
• Standerton,
• Balfour
• Greylingstad
• Elukwatini
• Badplaas
• Carolina
• Volksrust
• Driefontein
• Waakerstroom
• Delmas

Ehlanzeni / Lowveld

• Zwelisha
• Daantjie
• Msogwaba
• Masoyi
• Kabokweni
• Kanyamazane
• Dientjie
• Pilgrim’s rest
• Hazyview
• Komatipoort
• Mbuzini
• Sabie
• Louw’s Creek
• Tonga
• White River
• Nelspruit
• Burgersfort
• Barberton
• Badfontein
• Ngodwana
• Graskop
• Schoemansdal

STOLEN GOODS PROJECT

This project was officially launched by the Deputy State President Mr Jacob Zuma on 24 February 2002 in Vosman. Its focus is to sensitize the community about the disadvantages of buying and dealing with stolen goods. The communities are encouraged to report and reject stolen goods. Following the official launch by the Deputy President the project has been implemented in the under mentioned areas:

Nkangala / Highveld

• Vosman
• Kwa-Phaahla
• Siyabuswa
• Kwaagafontein
• Verina
• Ogies
• Kriel
• Mhluzi
• Witbank
• Dennilton
• Waterval Boven
• KwaMhlanga

Gert Sibande / Eastern Highveld

• Embalenhle
• Wesselton (Ermelo)
• Driefontein
• Sakhile
• Piet Retief
• Breyten
• Delmas

Ehlanzeni / Lowveld

• Kanyamazane
• Masoyi
• Kabokweni
• Tonga
• Barberton
• Burgersfort
• Ngodwana
• Msogwaba
• Daantjie
• Nelspruit

VICTIM EMPOWERNMENT PROGRAMME

40 Victim Friendly Facilities have been established and 492 members have been trained. 625 volunteers are working full time and 1000 volunteers have been trained to service the victims of crime.

The purpose of this project is:

• To make the Criminal Justice System more accessible and understandable.
• To ensure that victims of sexual offence’s, rape and domestic violence are treated with dignity, compassion and care.
• To ensure that juvenile and child victims receive special protection and care.
• To ensure that networks are established with other departments, non -governmental and community based organizations, which provide victims with support and counselling.

DRIEFONTEIN SEXUAL VICTIMIZATION PROJECT

This project was initiated to address the high levels of sexual abuse of women and children in Driefontein. A Victim Support Centre has been identified and the centre receives support from the South African Police Service and community volunteers.

 LETSEMA VOLUNTEER CAMPAIGN

The year 2002 was declared as the “Year of the Volunteer” by the State President in his January 08,2002, State of the Nation address. One of the objectives of the Volunteer campaign is to rekindle and strengthen the links and the co-operation between government and the people. February was declared as the “Safety and Security Month”, in keeping with the spirit of volunteerism.

Volunteers were retained at the following police stations:

Nkangala / Highveld

• Kwamhlanga
• Tweefontein
• Siyabuswa
• Ekangala
• Mhluzi
• Verena
• Roosenekal
• Vosman
• Dennilton
• Blinkpan
• Mmametlake
• Vaalbank

Gert Sibande / Eastern Highveld

• Hartebeeskop
• Mahamba

Ehlanzeni / Lowveld

• Burgersfort
• Low’s Creek
• Komatipoort
• Kabokweni
• Hazyview

The Letsema Volunteer campaign culminated in a successful crime prevention rally addressed by the Deputy President at Vosman on 24 February 2002. Thousands of people came to hear more about the volunteer campaign and to express their support. The overall number of registered volunteers throughout the province currently stands at 3 792.

PARALEGAL WORKSHOPS

• Challenges facing the farming communities were attended throughout the Province in partnership with other interested stakeholders such as Land Affairs, Agriculture, Department of Labour, The Transvaal Rural Action Committee and Mpumalanga Farmers Union. Common aspects attended to included the following: abuse of tenants by farmers, evictions of farm tenants and illegal dwellers, unfair labour practices, attacks on farming communities and other issues pertaining to poor police service delivery on farms.
• Paralegal workshops were held in all three regions to enlighten all stakeholders about the provisions of the law with regard to Land and Human Rights issues.

Nkangala Highveld

• Roosenekal
• Belfast
• Middelburg
• Groblersdal
• Stofberg

Gert Sibande / Eastern Highveld

• Ermelo
• Greylingstad
• Bethal
• Morgenzone
• Chrissiemeer

Ehlanzeni / Lowveld

• Badfontein
• Ngodwana
• Komatipoort
• Malelane
• Barberton
• Hectorspruit

CRIMINAL JUSTICE CLUSTER

The Executive Council has entrusted the Department of Safety and Security with the responsibility to co-ordinate the activities of the Criminal Justice Cluster in the province. Over the years the following improvements in the system have been noticeable.

• An improvement in the quality of dockets and an increase in conviction rates
• A significant increase of time in court activity by 29 minutes per day. The improved utilization of time has reduced the percentage of cases left on the court roll.
• Improvement in the interface between the South African Police Service, Correctional Services and the Justice Department.
• Improvement in Public confidence in the Criminal Justice System
• Innovative systems to reduce the burden on the Criminal Justice System have been introduced
• Accessing and creating inter-sectoral funding, which can be utilized to enhance capacity building and improve systems. Business Against Crime in Mpumalanga is already assisting in this process.

We have introduced the following milestones during the period of under review relevant to the Department of Justice:

• The Constitutional independents of the judiciary

The courts are no longer subject to the Executive as was the case before. Neither parliament nor cabinet can influence the courts in the performance of their duties. This independence is entrenched by section 165(2) of the Constitution.

• Introduction of the lay assessors system

Because of our history, most courts were presided over by whites in urban areas. The majority of the people going through the justice system are black. They did not have confidence in courts which were run by whites. Lay Assessors are now part of our justice system. Courts are expected to appoint Lay Assessors to come and sit together with the magistrate so that they can advice the latter on issues such as custom, traditional practices, beliefs, etc. so that magistrates can make informed decisions. This has brought about credibility and legitimacy to our courts.

• INTRODUCTION TO FAMILY COURTS AND THE ESTABLISHMENT OF THE OFFICE OF THE FAMILY ADVOCATE

Family courts deal with family related matters such as divorce, maintenance, interdicts etc. These courts are still at a pilot stage and are being rolled out in the province. The courts are aimed at helping women to get redress in respect of all the above matters at one centre. Such an innovation was unheard of before 1994 in the Justice System.

The office of the Family Advocate receives complaints from family members on a variety of issues and he/she assists through mediation and as part resolution.

• SEXUAL OFFENCES COURTS

There are four sexual offences courts in the province, namely:

• Nelspruit
• Middelburg
• Witbank
• Evander.

As the name suggests, they deal only with sexual offences. They are structured such that they are user friendly to victims. There is a waiting room so that the victim should not come into contact with the perpetrators.

There are intermediates who ensure that the victim is well looked after throughout the proceedings. Sexual offences are dealt with more speedily and the conviction rate is going up.

• ESTABLISHMENT OF EQUALITY COURTS

These courts deal with disputes arising from unfair or equal treatment, for instance refusal into a hair salon on the basis of colour or admission into a school refused on the basis of one’s belief or religion. All magistrate courts in the country are also serving as equality courts.

• The establishment of the National Directorate of Public Procesutions
• The appointment of the Judicial Services Commission which is entrusted with, among other responsibilities to make recommendations in the appointment of the High Court Judges in the country.

DEPARTMENT OF CORRECTIONAL SERVICES

The Department of Correctional Services (DCS) has undergone tremendous changes aimed at the improvement in the delivery of services to the community. It is important to note some of the transformational achievements attained by the DCS since 1994:

• The DCS continued to implement policy reforms considered in 1990/91 with regard to separate amenities and diets in order to integrate prisoners thereby applying uniform standards.
• As part of the reform process, remission of sentences has been done away with and a credit system was introduced, which allocated a reduction of days based on good conduct. In cases of misconduct, credits are forfeited.
• In 1995 the DCS introduced the principles of Unit Management which divided the prison into manageable numbers and allocated a sector manager for each of these units in order to improve the effectiveness and efficiency of prison management.
• The DCS embarked on a process to de-militarize the department in 1996. This inter-alia did away with the military ranks of officers, in order to ensure that the environment was conducive for transformation from one that was focused on rehabilitation and not on incarceration and punishment.
• In 1998 the new Correctional Services Act, Act 111 of 1998 was promulgated, in line with the human rights ethos of the constitution as a legislative framework in improving the management of prisons and prisoners.
• In the year 2000 the concept of an Independent Prison Visitors (IPV) Committee, headed by Judge Fagan as the Inspecting Judge of prisons was formed. This contributed to independent monitoring and evaluation of prisons in order to ensure that prisoners were treated fairly and have had access to rehabilitative processes in line with basic human rights as espoused in the constitution.
• In 2003 the DCS introduced a system with all stakeholders within the Integrated Justice System in order to address the overcrowding of prisons. Overcrowding Committees were formed at Nelspruit, Witbank and Belfast prisons which have improved the prison population drastically. This concept is being used in all prisons where the prison population exceeds 100%.
• The only one maximum prison in Mpumalanga is at Barberton. However a maximum prison unit for females was recently opened in Bethal. In 2002 a specialized mother & child unit was also opened in Bethal prison in order to ensure that sentenced mothers could raise their babies in an environment that was more homely thereby reducing the psychological trauma and improve the bonding between mother and child. This is presently being introduced in Nelspruit and Middelburg.
• In line with the NCPS, two development and training workshops have been opened in Nelspruit and Bethal prisons to assist in rehabilitation and the development of skills of prisoners so that they could become useful members of society after their release.
• In 2003/4 the DCS has undergone a process of reforms entailing a wide range of issues such as restructuring the organization, improving systems, rehabilitation programmes and preparing for alternative sentencing such as community sentencing for minor offences.

•  PARNERSHIP WITH BAC

The aim of the partnership between government and business against crime is to assist the South African Police Service to improve service delivery. To this end, BAC Mpumalanga has been responsible for the establishment of 14 partnerships in the province involving the following police stations:

Nkangala / Highveld

• Mhluzi
• Ogies
• Middelburg
• Witbank
• Vosman

Gert Sibande / Eastern Highveld

• Embalenhle
• Piet Retief

Ehlanzeni / Lowveld

• Hazyview
• White River
• Ngodwane
• Matsulu
• Malelane
• Tonga.

Business Against Crime has also assisted government in the training of volunteers and staff at Victim Support Centres in some of our flashpoint stations.