Presentation to Parliament on SAPS & IPID Annual Report 

  • By Press Release
  • 16 Oct, 2012

16 October 2012 by 2nd Vice President Thabo Matsose

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Salutation

The Portfolio Committee of Police Chairperson,

Honourable committee members,

Distinguished and invited guests,

Ladies and gentlemen,

 

Let me on behalf my organisation, the South African Policing Union (SAPU) express our sincere gratitude to this committee for the invitation to make submissions on the recently released annual report by SAPS as well as IPID. There are six key issues which inform our submission namely;

  1. Public Order Policing;
  2. Ministerial Ten Point Plan : Police Killings
  3. The Promotion Policy;
  4. Implementation of SSSBC Agreements;
  5. Disparities between Police Act and Public Service Act Employees
  6. Fraud and Corruption

Public Order Policing

A lot has been done in the police to transform the service and change the policing approaches particularly around policing public protests. Along with legislation and policy interventions, major investments have been made to transform the police from apartheid “riot police” into public order policing (POP) units.  A new training curriculum was also developed and implemented and a formal management and command structures were introduced. Available evidence suggests that our POP units have developed required capacity to police these events without resorting to lethal force.

The police have been challenged to the extreme because of the violent nature of recent public protests which have resulted in loss of lives, destruction of private and public property, intimidation and rendering certain areas ungovernable. According to police annual report, 1194 public unrest incidents were recorded during 2011/2012 compared to 971 the previous financial year. This is a staggering 122% increase in public protests.

As an organisation we are concerned because public unrest take place in the context of violence and violent crimes in our society and the police often find themselves in compromising positions. Police themselves have not escaped these unrests and many have been killed.  Our view and the view of many who have commented on this topic is that the police cannot succeed in policing public unrest alone.  Honourable chairperson, we call on this committee to find ways of reviving the role of Community Police Forums and Community Safety Forums. These have been less effective partly because not enough resources have been provided to these structures in order to succeed.

Ministerial 10 Point Plan: Police Killings

The Ministerial ten points was indeed a welcome intervention by the Minister of Police to address the killing of Police officers.  The murder of police remains a very serious concern to our organisation. The Annual report indicated that 81 police officers were murdered in South Africa.  The fact that more police officers are killed while off duty is a serious concern. Police officers live in the same communities that they are required to police. They become vulnerable when off duty when without back up from their colleagues. Very little is known to us about how this plan is being executed and who is doing what? More specifically on the plan itself our questions are as following;

  1. How far has the concept ‘Adopt a Cop Campaign’ implemented and how far has the Task Team consisting of (Ministry of Police, SAPS, Civilian Secretariat for Police, LeadSA, SHOUT, SANEF and various media houses) been established?
  2. To what extent has the Multi-Disciplinary Committee tasked with managing investigations of killing of police, counselling of families, training and all other operational aspects started working.
  3. In fact, all the 10 points need to be clarified. The claim that the 10 point strategy is beginning to bear fruits without substantiating this claim and given the high numbers of police killings is unhelpful.

The Promotion Policy

The promotion policy remains a thorny issue that needs the intervention of this committee because it often results in low morale and it is very divisive. Mainly the promotion policy has created suspicions of nepotism and favouritism.  Honourable chairperson, let me state that our organisation is pro transformation but we believe that transformation has to be implemented in line with our Constitution and in particular the Bill of Rights, the Right to equality and dignity. We now have a situation in which some police officers have been fast tracked through the ranks and are now commanders of experienced commanders. The issue of promotion policy has been further worsened by the ranking system and in particular the rank of Lieutenant and that of Captain.

These ranks are on the same post level (salary level) and this has caused a lot of unhappiness and confusion amongst police officers.   The same is also true with the ranks of Major and Lieutenant Colonel.  There is absolutely no distinction between the 2 ranks but responsibilities are not necessarily shared.

This raises fundamental questions about the planning within the SAPS because the only logical conclusion we can come to is that there is no funding to fund the new posts because Management did not ask for additional budget to fund the posts from Treasury.

Implementation of SSSBC Agreements

Our view is that there is hesitancy on the part of Management to implement agreements agreed to in the bargaining chamber. For example, our view is that the SAPS Management has failed to implement properly for instance Agreement 2/2011.  For instance, the promotion policy through this agreement resulted in about 999 promotions only in Limpopo whereas there were less than 300 posts available in that province. This is a dilemma because we have more commanders who are not managing.

The second phase of the implementation of this agreement has created further problems because now Management would like to do away with the key requirement of Agreement 2/2011wherein seniority and experience would have been the criteria for promotion and posts are now being advertised because there is an attempt to promote African females whose numbers have been depleted at higher ranks. We have no issues with the promotion of African females but we are saying that if that is an issue it needs to be brought back to the SSSBC to be negotiated because Agreement 2/2011 is clear about who needs to be promoted.

Disparities between Police Act and Public Service Act Employees

Honourable members, I also wish to bring to the attention of this committee the issue that SAPU has been raising in this committee for a while related to disparities which exists between employees employed under the Public Service Act and those employed under the Police Act but in many instances doing exactly the same work especially with regard to support services.

We are now seeking legal opinion on this issue because our view is that on the face of it, this practise can be challenged. Surely, it cannot be that 2 people in the same office doing the same job under similar conditions are paid differently. Our Constitution guarantees equality but we think this practice clearly violates this principle.

Fraud and Corruption

Honourable Chairperson, Corruption remains an issue that we believe needs all of us, management and unions. The effect of corruption is massive and a threat to our democracy. Our union has taken a stern position and we would like to lobby this committee to join us in lobbying the SAPS Management to reinstate the Anti Corruption Unit.

There cannot be any justification for a police officer to be involved in corruption. Our existence as unions is to bargain with the employer to ensure that issues of pay are addressed and working conditions are improved. Our view is that an Anti Corruption Bursting Unit will go a long way in ensuring that investigations are conducted speedily and professionally and this will speed up the disciplinary system and process.

Conclusion

In conclusion, honourable Chairperson, on behalf of the leadership of our union and the entire SAPU family we are grateful for the space created for us to make our submission. We hope that our submission will assist this committee in doing its oversight and parliamentary work.

I thank you!

By Press Release 19 Dec, 2012

Programme Director, organisers of this conference, distinguish guests, ladies and gentlemen, thank you very much for inviting my organisation, the South Africa Policing Union (SAPU) to attend and share with all of you our experience and our role as a workers organisation in improving service delivery in the public service. As already been mentioned in the introduction, my name is Thabo Matsose and I am 2nd   Vice president at SAPU.

We are indeed privileged to have been invited and as such we are happy to contribute ideas through this presentation. This is a very important topic for our organisation and our work in the past few years has been aimed at looking at ways of improving the delivery of public services. As such we have formed strategic partnerships with progressive civil society formations and community based structures to champion this cause. We have for example partnered with Community Police forums precisely to look at ways of strengthening the delivery of policing services to community.

Our own experience and the experiences of many often ordinary people indicate to us that a lot of improvement is required in delivering quality public services to the public. Unlike wealthy people who often opt to access services provided by private service providers ordinary people do not enjoy that privilege. Ordinary people rely heavily virtually on services provided by public institutions such as for example, health care services and security services. Privileged people often opt for services provided by private service providers because either of poor public services or at worst lack of services.

By Press Release 17 Oct, 2012
Marikana: Conceived, Born in Violence

Surely, the most surprising aspect of the tragic events at the Marikana mine – where a total of 44 mine workers and members of the police lost their lives – is that everyone was so surprised that it had happened.

We are rightly shocked, but should have expected such an event for a long time already. In the past, we put up with lawlessness, violence and intimidation to such an extent that they have become part of the culture in which we address our differences in public.

We should also not be surprised that political vultures such as Julius Malema are cynically using the death of mine workers and the suffering of their next of kin to promote political ambitions.

Labour and wage disputes hardly ever occur without lawlessness, violence or intimidation.

The same holds true for protests against poor service delivery or opportunistic protests, such as those of the ANC Youth league in the Western Cape at the moment.

There have been violent strikes by health workers, municipal officials and security guards. A noteworthy exception was the protest against urban toll roads in Gauteng.  During the strike by security guards, about 60 people – more than at Marikana – were thrown to their death from trains and the like.

But what were the consequences? No-one was prosecuted. And there is scarcely any significant political leadership to put a stop to violence as a means of bargaining in our democracy.

For that matter, if all contributing causes of violence were examined, President Jacob Zuma’s “give me my machine gun” and Malema’s “we’ll kill for Zuma” would indeed have to be scrutinised as contributing factors to a culture of violence.

It is hardly worth debating that such language use cannot be conducive to a public culture of responsible, disciplined and peaceful withholding of labour as an expression of worker power.

In short, for a complete picture, the Farlam commission, which is investigating the causes of the Marikana tragedy, actually also has to focus on background factors – such as violent speech and lack of action against transgression of the law, and violence – which contribute to the creation of a social climate in which intimidation and violent protest flourish.

This is in addition to more obvious contributing factors, such as the inadequacy of bargaining structures and courts created to address labour disputes; desperate living and work conditions; politicking among unions; the strategies and practices of mine management; migrant labour; sangomas; and poverty and low wages.

Three aspects of this culture in which differences are handled and “solved” violently in the public deserve mention.

Respect for the law: Firstly, it is apparently of little consequence whether a protest or strike is legal or illegal. The DA holds a legal protest in the streets of Johannesburg against the delay in implementation of a youth wage subsidy, but it is violently broken up by an illegal counter protest by members of the ruling alliance.

The official reaction was unprincipled. During the violence and thereafter, there was no action against transgressors, although they could easily be identified.

Nursing staff who chose to look after helpless patients (some of whom actually died as a result of the strike) instead of striking are assaulted and humiliated. Assault is a transgression of the law, but is not punished.

This makes lawlessness during the next strike all the easier, since you know you can get away with it. When the strike against urban toll roads in Gauteng happens peacefully, everyone is surprised, precisely because it goes against the norm. 

Respect for authority: Secondly, a disconcerting characteristic of our society is the ease with which the police are regarded as fair game to be assaulted and killed. Murder of a member of the police force is a crime not just against the person, but also against the authority of the state, symbolised by the wearing of a uniform.

It is for that reason that murder of a member of the police force is viewed in a much more serious light in countries such as the USA and Britain. We can indeed try to look for explanations for this in the history of the apartheid police 20 and more years ago, but it cannot serve as a justification. 

And naturally it does not help much if members of the police themselves transgress the law, by amongst others torturing detainees, or when heads of police occupy prison cells. But if a police member, and thus a representative of the authority of the state, orders a protester to make way or not to cross a picket line, the order must be obeyed. That distinguishes a democracy from anarchy. 

Leadership: Thirdly, there is little, if any, evidence of decisive and consistent leadership by politicians and union leaders in order to promote respect for the law and the authority of the state.

On the contrary, to give but one example, a recognised leader such as Winnie Madikizela- Mandela sends out the message that metro police members who do their work must be suspended because it was her car that was stopped.

There is a direct line of lack of respect for the law and authority to leaders who place votes at Mangaung above right and justice. If keeping quiet serves self-interest, they will keep quiet, even if it cleaves away the corner stones of the rule of law. 

Our leaders do know what is right. It is hoped that the Farlam commission will publicly remind the government, unions and mining companies of their responsibilities.
By Press Release 16 Oct, 2012
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By Press Release 02 Oct, 2012

SAPU president, Mr Mpho Kwinika, was invited by the Brazilian Confederation of Police to attend an international meeting of police unions from countries that previously hosted soccer world cup events. The purpose of the meeting is to learn from the experience of other police agencies and police unions.

The South African Police Service (SAPS) and consequently also the police unions were faced with similar challenges when FIFA, in 2004, announced that South Africa would host the Soccer World Cup in 2010. The security establishment in South Africa, in particular the police, were faced with the daunting responsibility to develop, resource and implement a security operation that would ensure the safety of everyone during this four-week event. The announcement came at a time when crime in South Africa, and in particular violent crime, had just peaked at its highest levels. However, over the next few years until 2009, the year immediately before the World Cup, overall crime rates slowly decreased to a level approximately 24% below that of 2003. Violent crimes, however, such as house robbery, business robberies and vehicle hijackings started to increase at an alarming rate. For example house robberies increased by 100% and business robberies by almost 300% from 2004/05 and 2008/09. Moreover, the national victim surveys, conducted between 1998 and 2007, showed a 148% increase in the number of people who indicated that they felt unsafe walking in their own areas after dark.

In addition to the obvious crime threat, the run-up to the tournament also saw a renewed fear of terrorism and its potential destructive impact on the World Cup. It was generally recognised that the terror threat was not so much against South Africa as it was against the event and in particular against countries involved or associated with the war (at the time) in Iraq. Some of the concern was prompted by the attack on the bus carrying the Togo national soccer team during the Africa Cup of Nations in January 2010, and the arrest in May of a Saudi army officer with links to al-Qaeda in connection with an alleged plot to launch attacks during the World Cup against teams from countries that supported the war in Iraq. In a briefing to the United States Congress Counter-Terrorism caucus, also during May, the bold statement was made that there was an 80% chance of such a terror attack happening during the World Cup in South Africa.

This was the biggest event ever hosted in South Africa and also the biggest security challenge for the SAPS amidst its already taxing crime fighting responsibilities. It was going to be only a month-long event – but planning had to take into account the securing and holding period immediately before the start of the World Cup and the mopping-up immediately after the event. The police and other security structures knew that it would be an intense period for policing and security, and given that the eyes of the world would be focused on South Africa, excellent planning, preparation and execution would be required. The additional burden of the 2010 security operation would have to be carried primarily by members of SAPS and it was the responsibility of unions such as SAPU to ensure both that the police performed their constitutional obligations diligently and efficiently and that the rights of their members were at all times respected and their grievances attended to.

The challenge for SAPU and other unions therefore was how best to serve the interests of its members and at the same time honouring the basic values and obligations for policing enshrined in the Constitution of the Republic of South Africa. This presentation, therefore, aims to highlight some of the main aspects of the overall security operation, and also some of the pertinent implications this has had for members of SAPS and how SAPU, as the leading police union, was able to ensure that the rights of its members were upheld.

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