MEC Willies Mchunu declines to hold Police accountable

DURBAN, 2 April 2012 – KwaZulu-Natal MEC for Transport, Community Safety and Liaison, Willies Mchunu, today spurned a request to secure commitments from the Umbilo Station Commander and the Provincial Commissioner of Police to embrace the CPF and the community, and to commit the Unbilo Police Station to fighting crime; a request that Democratic Alliance Cllr Warwick Chapman views as not only essential to addressing the problem of crime, but also in line with the police mandate in the South African Constitution.

During a 4-hour public meeting on 2 April 2012 to deal with the long running problems at the Umbilo Police Station, the KwaZulu-Natal MEC for Transport, Community Safety and Liaison, Willies Mchunu spurned a request to secure commitments from the Umbilo Station Commander and the Provincial Commissioner of Police.

The Umbilo SAPS has been in the media over the past years for all the wrong reasons. Umbilo SAPS’s poor handling of rape cases, allegations of Police involvement in crime, particularly the explosion of drug-related crime, lack of action on known crime threats and lack of commitment to work with the CPF angered much of the Umbilo community. These frustrations boiled over into a public protest outside the Police station in February which caught the attention of the MEC who received a memorandum and committed to meeting with the community.

The situation exploded last week when Mthokozisi Ngcobo of Oliver Lea Drive in Umbilo was fatally stabbed by three attackers in Umbilo Park. Umbilo Park is a serious crime hotspot which has repeatedly been brought to the attention of Umbilo SAPS without any significant intervention ever having taken place. Police officers are said to have reverted that since they cannot drive their vehicles into the park, they cannot patrol it, dismissing requests that they do so on foot.

During the latter part of the public meeting I rose to acknowledge the intervention which had taken place by the MEC and Provincial Commissioner and request a commitment from the Station Commander to embrace the CPF and the community and commit his station to fighting crime, and that the Provincial Commissioner commit to handling any allegation of Police involvement in crime.

The MEC immediately rose and told the meeting “We are not here to hold the Police accountable. We are not here to extract commitments from the Police.” He then instructed both the station commander and the Provincial Commissioner that they need not build any such commitments into their responses to the issues raised during the meeting.

The MEC is absolutely incorrect. The problems at Umbilo SAPS are entirely the result of an absence of accountability and a lack of commitment from the Police. The community crime fighting partnership relies as a precursor on SAPS fulfilling its constitutional mandate to “effectively prevent, combat and investigate crime”. Securing a commitment from SAPS and ensuring they are held accountable are entirely appropriate under the circumstances.

The MEC in partnership with the Provincial Commissioner has a legal responsibility to play an oversight role and to ensure effective and accountable management of Police stations in KZN. To spurn a request to secure public commitment from the Police to do their jobs properly can be seen as nothing other than the MEC shielding the failure to deliver by SAPS management.

MEDIA ENQUIRIES:

Cllr Warwick Chapman
083 7797 094
warwickc@da.org.za

–

The Speaker – eThekwini Council
Councillor Logie Naidoo
City Hall
DURBAN

22 January 2012

Dear Mr Speaker

QUESTIONS IN TERMS OF SECTION 17 OF THE RULES OF ORDER

The Durban Metropolitan Police Service has an extremely important role in the proper functioning of our City. In order for DMPS to fulfil its mandate, it must be fully capacitated and well lead throughout the structures.

In this regard, Captains are extremely important leaders in DMPS area structures and are crucial to the proper functioning of each shift and specialised unit. Questions 4 and 5 relate to Captains in DMPS.

1. How many Metro Police officers are indicated in the organogram under each of the 5 regional commanders: North, South, Inner West, Outer West, Central (incorporating CBD, Suburbs and Beach)?

2. How many Metro Police officers are presently employed under each of the 5 regional commanders: North, South, Inner West, Outer West, Central (incorporating CBD, Suburbs and Beach)?

3. How many Captains are indicated in the organogram under each of the 5 regional commanders: North, South, Inner West, Outer West, Central (incorporating CBD, Suburbs and Beach)?

4. How many Captains are presently employed under each of the 5 regional commanders: North, South, Inner West, Outer West, Central (incorporating CBD, Suburbs and Beach)?

5. If the answer to question 4. above indicates shortage in the number of Captains presently employed relative to those provided for in the organogram, what is being done by DMPS to expedite the training and promotion of Captains?

6. What is the total of uniformed staff in the organogram, and how many vacancies exist as at 1 November 2011?

7. What is the total of Sergeants/Captain posts in the organogram, and how many vacancies exist as at 1 November 2011?

8. Why does the DMPS use a 12-hour shift?

9. Surely, given the shortage of officers, an 8-hour shift will greatly increase the number of officers available for duty at any one time?

10. Will the DMPS consider moving back to an 8-hour shift system?

11. How many applications to the DPP for new speeding sites have been made since January 2011?

Yours faithfully,

Councillor Warwick Chapman

–

Answers

Answers provided 31 January, 2012:

1. How many Metro Police Officers are indicated in the organogram under each of the 5 regional commanders: North, South, Inner West, Outer West, Central (incorporating CBD, Suburbs and Beach)?

2. How many Metro Police Officers are presently employed under each of the 5 regional commanders: North, South, Inner West, Outer West, Central (incorporating CBD, Suburbs and Beach)?

3. How many Captains are indicated in the organogram under each of the 5 regional commanders: North, South, Inner West, Outer West, Central (incorporating CBD, Suburbs and Beach)?

4. How many Captains are presently employed under each of the 5 regional commanders: North, South, Inner West, Outer West, Central (incorporating CBD, Suburbs and Beach)?

5. If the answer to question .4 above indicates shortage in the number of Captains presently employed relative to those provided for in the organogram, what is being done by DMPS to expedite the training and promotion of Captains?

6. What is the total of uniformed staff in the organogram, and how many vacancies exist as at 01 November 2011?

Refer to the Durban Metro Police Organogram. The full DMPS organogram can be obtained by contacting the Senior HR Manager for Metro Police, Fire and Emergency Services
Mr M K Naidoo
E-mail: NaidooMonty@durban.gov.za
Telephone: 031 311 2968
Facsimile: 031 311 2909

Alternatively a hard copy can be obtained from DMPS Human Resources Offices based at the following address:
Human Resources Department
Room 339
2^nd Floor
Metropolitan Police Services Headquarters
16 Archie Gumede Place (formerly known as Old Fort Place)
Durban
4001

7. What is the total of Sergeants/Captain posts in the organogram, and how many vacancies exist as at 01 November 2011?

Refer to the Durban Metro Police organogram (see details above).

8. Why does the DMPS use a 12-hour shift?

In 2004, Metro Police Management decided to move from an 8 hour shift to a 12 hour shift. In order to satisfy the wishes of the Unions, regarding allowances and overtime, it was agreed that an Omnibus would be paid to each employee amounting to 17% of his salary. The agreement was signed by all parties.

In 2007, the Drakensburg agreement was signed between the Unions and Council Management. Part of the agreements was that the Omnibus was not going to be paid. Metro Police Management were not consulted on this issue but had to abide by the decision taken at Drakensberg.

9. Surely, given the shortage of Officers, an 8-hour shift will greatly increase the number of Officers available for duty at any one time?

This is being researched by the Treasury Department.

10. Will the DMPS consider moving back to an 8-hour shift system?

Awaiting response as per question 9 above.

11. How many applications to the DPP for new speeding sites have been made since January 2011?

20 sites.

36/1/4/1/200900224
NATIONAL ASSEMBLY
FOR WRITTEN REPLY

QUESTION NO 2177
DATE OF PUBLICATION IN INTERNALQUESTION PAPER: 6 NOVEMBER 2009
(INTERNAL QUESTION PAPER NO 27- 2009)
Date reply submitted : 15 December 2009
Ms D Kohler-Barnard (DA) to ask the Minister of Police:
Whether the moratorium on recruiting new reservists will be lifted; if not, why not; ifso, when?

NW2883E

REPLY:

On Thursday 10 December 2009 the Minister of Police released a press statement informing people that the Moratorium on recruitment of reservists had been lifted.The lifting of this Moratorium will allow people who wish to volunteer their services on to assist the South African Police Service in the fight against crime to do so as long as they meet certain criteria laid down by the department.

Reply to question 2177 approved by Minister.

Then, in July 2010 I came upon a letter which explained to a Station Commander that while the moratorium had been lifted, it had actually not been lifted in practice. It is now over two years since the moratorium was lifted and still we are not recruiting reservists SAPS members to fight crime.

2010-07-28

The Station Commander
South African Police Services
Pinetown

Moratorium on Recruitment of Reservists : Question from Parliament by Ms D Kohler Barnard on 2009-11-06

1. Your minute 3/1/5/1/151 dated 2010-07-26 refers.

2. In the email requesting information on the subject matter received from the Pinetown Crime Prevention Commander it was not indicated that the matter was raised at a CPF meeting by Mr XXX and it was assumed that the CP Commander was making enquiries in order to expedite the recruitment of reservists, hence the brevity of the reply.

3. At a meeting held in Pretoria on 23 February this year between the Secretary to the Minister, M/s Jenny Irish-Qhobosheane and Brigadier Kennedy, the moratorium was discussed and it was made clear that despite the answer given in parliament and the subsequent Media Statement by the Minister, a decision had been taken by Division Visible Policing and Division Personnel Services that, pending the approval of the revised National Instruction and the completion of the necessary Naitonal Audit, recruiting and even reinstatement of ex members would of necessity remain on hold.

4. Subsequent to that meeting Brigadier Kennedy met with Brig J LeRoux, National Reservist Coordinator in the office of the National Commissioner had decided to impose a waiting period to allow for the conclusion of the Audit and publication of the revised National Instruction, before the lifting of the Moratorium would be confirmed by a letter from Divisional Commander, Personnel Services, whose office is the only instance who has the authority to make such a decision.

5. In view of the first-hand knowledge of these discussions, this office is of the opinion that the Minister is fully aware of the plans of National Head Office and the fear expressed by Station Commander XXX, in paragraph 7 of the above minute while understood and appreciated, is nevertheless not of consequence.

SIGNED
f/PROVINCIAL COMMISSIONER: KWAZULU-NATAL (Maj General)
B A NTANJANA S.O.E

I will be pressing our Shadow Minister of Police to pursue this issue with the new National Police Commissioner and ensure we start supplementing our regular force with reservists again as soon as is possible!

Today at 3pm the DA’s councillor in Cato Crest Hlanganani Gumbi and DA Spokesperson on Housing Cllr Warwick Chapman met with Mayor James Nxumalo to discuss the illegal threats of evictions in Cato Crest by the ward councillor and ANC Branch Executive Committee in the area. While the meeting was taking place, unknown to the DA or the Mayor, earthmoving machinery demolished 5 dwellings in Cato Crest.

Mayor Nxumalo and Chairperson for Human Settlements Cllr Nigel Gumede both unequivocally stated the evictions must be lawful and alternate accommodation must be provided. Mayor Nxumalo requested that the DA compile a formal complaint and submit it to the Muncipal Manager Mr Sbu Sithole as soon as possible and forward a copy to his office. He assured the DA that an investigation would take place from the City Manager’s office into how it is that a political structure of the ANC could be handling evictions and demolitions in Cato Crest.

The demolitions which were taking while the meeting was being held were undertaken under the supervision of the ward councillor’s assistant who is said by community members to have told them that, “We are coming here to show you that you must move”, and after demolishing the structures said, “Now you can call your DA.”

Cllr Gumbi, took affected residents to Cato Manor SAPS to lay charges relating to the demolition of their structures and destruction of property, however SAPS declined to open any cases. “We were told not to open new cases but instead to meet with the investigating officer Tuesday morning to include these charges in the existing case”, said Cllr Gumbi.

Cllr Gumbi has spend the better part of 48 hours working with community members to stop this illegal action. The SAPS have been extremely reluctant to enforce the law and prevent these illegal evictions. Only after senior MPs and MPLs intervened was any assistance from SAPS forthcoming. At the demolitions which took place today, SAPS did not respond.

The DA reiterates its full support for the eradication of shack settlements and the provision of formal housing in eThekwini. We however require that each step in the process of converting shack settlements into formal housing are undertaken lawfully and with respect for the dignity of those affected as a result. “We condemn the direct involvement of political structures in the work of our City government and cite it as a blatant example of the conflation of party and state”, said Cllr Chapman.

“We call on Mayor Nxumalo and City Manager Sbu Sithole to intervene as a matter of urgency and stop any further illegal action. SAPS also need to ensure they enforce the law without favour.”, said Cllr Gumbi.

MEDIA QUERIES:
Gumbi 076 288 8844
Chapman 083 7797 094

PHOTOS:

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ENDS

“South Africa has had a comprehensive crime prevention policy agenda for some time in the form of the 1996 National Crime Prevention Strategy and the 1998 White Paper on Safety and Security. Despite this, prevention has remained very much a second cousin within the South African criminal justice family, notwithstanding the fact that there is widespread agreement that it warrants far more attention.” — Julie Berg and Clifford Shearing in “The practice of crime prevention”

Crime prevention – 1996 National Crime Prevention Strategy (NCPS) *

This is South Africa’s overarching policy on crime prevention. It was intended to be the guiding framework for a wide range of interdepartmental programs aimed at increasing safety. The four “pillars” of the NCPS covered improving criminal justice functioning, environmental design, community values and education, and transnational crime.

At its peak, the NCPS was seen as one of six pillars of the country’s National Growth and Development Strategy, a far-sighted move that recognized the vital role safety plays in development. However, the change of administration in 1999 ushered in a new approach to how government would deal with crime. Political pressure was mounting on government to deal with the rampant crime problem, and the longer-term approach of the NCPS was not appeasing the fears of the public or of politicians. In the end, shortrange thinking prevailed, the Growth and Development Strategy was shelved in favour of the Growth, Employment, and Redistribution Strategy (GEAR).

With the possible exception of victim support, most of the social programs envisaged by the NCPS never came to fruition.

Law enforcement – 2000 National Crime Combating Strategy (NCCS) *

The 1996 National Crime Prevention Strategy was largely drafted by a panel of civilians and was widely distributed for comment. The NCCS, on the other hand, was produced in-house by the South African Police Service (SAPS) and has never been issued as a public document. The NCPS was, in theory, an interdepartmental policy, while the NCCS is explicitly a security cluster matter.

These differences are indicative not only of the shift towards an overtly law enforcement approach to crime reduction but also of the pressure to respond quickly – which partly explains the lack of consultation and the NCCS’s focus on the police.

Adapted from the ISS’s “Crime and Crime Prevention in South Africa: 10 Years After“

Download the “Project Reclaim” Dossier here.

See the DA press release and the Politics Web coverage.

Firstly, to the resident who SMS’d last week about the derelict house in Somerset Ave, the formal processes for remedy have been exhausted and the issue has now been handed over to the enforcement team for action to be taken against the property owner. Unfortunately these things do take time but you can rest assured that in the background the cogs are moving.

To the land owners in Essex and Enfield roads who are working to clean up their derelict buildings, thank you very much for doing your bit to rid this community of grime and contribute to our efforts to combat crime. With the support of eThekwini officials we are also following up on other derelict houses including those in Evans Rd, Davenport Ave, Macdonald Rd and Bartle Rd.

You might ask what it is that you can do as a member of this community, or any other for that matter, to contribute to cleaning up and improving safety? In short, you can help in one of two areas: crime and grime. Combating crime is only effective when the community partners with SAPS, and getting involved with the Community Policing Forum is the most effective way of achieving that. Neighbourhood watches which work in conjunction with the CPF are another. Ridding our community of grime makes criminals feel less at home, and when we feel safer to be out and about in our numbers, we reduce the spaces in which criminals operate. We do this by maintaining our buildings, keeping vacant plots and bushes under control, cleaning our parks, and ensuring our public infrastructure is in a good state of repair.

You can help by taking initiative where you see a problem to either mobilise community members and tackle the problem ourselves or to work with public officials to find a solution. We have much to do in both combating crime and ridding our community of grime but a collective desire to improve will ensure we see the change we need. Inch by inch, with the support of community members, we will make Umbilo and Glenwood among the safest and most friendly places to live in eThekwini.

Warwick Chapman, Ward Councillor for Glenwood and Umbilo

There is no reason whatsoever why we should not be reproducing these successes in eThekwini. We are simply not interested in taking this issue seriously enough to muster the political will required to take the measures which have been shown to work in other parts of the country.

This proposal is quite simple. Given the extent of cable theft in our Metro, it is many orders more cost-effective to leave lights in certain high-theft areas on 24 hours to lower the risk of theft, than it is to replace that length of cable.

We can no longer sit back and do nothing about this economic growth sapping crime. I urge you to support this and any other initiatives which seek to reduce cable theft.

3. Question submitted by Councillor WB Chapman: Cable Theft (27/1/1/5/R):

3.1 What were the cable theft losses in eThekwini for the financial years 2007/2008, 2008/2009, 2009/2010, 2010/2011, 2011/2012 to date?

3.2 Has eThekwini established a specialised unit to combat cable theft?

3.2.1 If yes:-

3.2.1.1 How many permanent members are assigned to the unit; and

3.2.1.2 What budget has been assigned to the unit including the costs of posts permanently assigned t the unit; and

3.2.1.3 Who heads the unit; and

3.2.1.4 When was the unit established?

3.2.1.5 Is the unit focusing on scrap metal dealers across eThekwini?

3.2.1.5.1 If yes:-

3.2.1.5.1.1 How many scrap metal dealers in eThekwini were charged for buying stolen cables during 2010/2011?

3.2.1.5.2 If not, why not?

3.2.2 If not, why not?

3.3 Given that cable theft constitutes damage to public infrastructure necessary for the priority of service delivery in local governments, has eThekwini interacted with National Government with a view to reclassifying cable theft in a more serious crime category?

3.3.1 If yes, please provide a summary of our representation and the response from National Government.

3.3.2 If not, why not?

As Councillor DG Hoorzuk was providing responses, clarity was sought in terms of the relevant Chairperson not providing answers to questions. The Head: Legal Services advised that the Rules of Order stated that the Chairperson must ensure that responses were provided appropriately and that the Chairperson could request any Councillor to provide same. Thereafter, Councillor DG Hoorzuk provided the following respective responses:-

3.1 This is only direct cost, year 2007/2008 R15 608 850, Year 2008/2009 R16 675 844, year 2009/2010 R22 683 307, year 2010/2011 22 206 718, year 2011‑2012 only two months of data would not be measured against annually figures, there had been drastic increase of copper cables theft and electrical Infrastructure since 2007 to date. This was due to the fact that copper was valued at approximately R65. 00 per kg and the demand for exports to India and China were high.

3.2 Yes, a Business Risk Control Branch was started in 2009.

3.2.1.1 There were currently, six members of staff in the division made up as follows:-Three belong to the Risk Section and two investigators and a Senior Manager.

3.2.1.2 The Branch had been assigned a budget of R29 million.

3.2.1.3 The Senior Manager of the branch was Manju Naidoo. The Unions objected both at Local and Cluster Local Labour Forums to the Business Risk organogram being amended to include network theft and investigations section. It took a year and was only finalized in November 2010. The Senior Investigator post for the Network Section had been advertised four times to date and no suitable candidates had been recruited. At present, six Task Teams from the external security providers had been appointed, to patrol, monitor and react to reported incidents of cable theft until the Branch was adequately staffed.

3.2.1.4 2009

3.2.1.5 Scrap dealers

The Unit was focusing on scrap dealers together with Provincial South African Police Services, Non Ferrous Crime Combating Committee – Brigadier Harry and Business against Crime. This Committee under Brigadier Harry is committed to more raids on scrap dealers.

Raids were conducted on suspected dealer premises at least every 3 months with SAPS. The onus ultimately lies with SAPS and NPA in charging and prosecuting these dealers. The Municipality had no direct jurisdiction over these dealers. Council could only advise SAPS the suspected dealers in the industry, surveillance and raids are then conducted by SAPS – Organised Crime Unit.

It must also be noted that illegal “Bucket Shops” represent a major problem as they were unregulated, difficult to locate and contribute to significant quantities of copper and other metals leaving our shores.

Thus far, only a few scrap dealers have received fines from SAPS. There have been no convictions against them to date regarding eThekwini Electricity property.

The Municipality had been awaiting amendments and promulgation of the Second Hand Goods Act for the past two years. This new Act will give law enforcement “more teeth to prosecute dealers who were in possession of metals in their possession where they cannot identify the legitimate source of ownership. There would be stricter fines and sentences to be imposed on these scrap dealers.

Amendments to the legislation have been formulated collectively with Eskom, Telkom, Metrorail and Transnet via the National & Provincial Saps Non Ferrous Crime Combating Committee and Business Against Crime. The Minister of Energy has also recently publicised her support for these amendments. Research has shown that countries like Brazil have banned copper exports which have dramatically reduced copper theft. To get our country to adopt such a decision will require massive support from businesses as well as stakeholders in government.

Asset losses as a result of cable theft in eThekwini over the past five years amount to nearly R100m. This figure does not take into account losses to consumers caused by the resulting outage or power surge.

In the 2006/7 financial year, cable theft losses in Cape Town were recorded at R22-million. Just a year later losses had been reduced to R496 800, representing a 44-fold decrease from one financial year to the next.

What could possibly explain such a dramatic decline in just one year? The answer is simply that the Cape Town council took a policy decision not to tolerate cable theft any longer and to invest in combating the crime. The council established the Metals Theft Unit or “Copperheads” as a specialised unit of the Cape Town Metro Police to combat the theft of copper and other metals.

The 12-person unit, through tip-offs from the public, as well as proactive intelligence-gathering, was mandated to find, catch and arrest copper thieves. The unit arrests between 200 and 300 per year of which about 50 are council workers. Theft of brass water meters was reduced from 1700 per month in 2007, to 10 per month in 2009.

There is no reason why this success cannot be replicated in eThekwini and other metros. eThekwini’s own attempt to combat cable theft is a unit established in 2009 with a R29m budget and six posts. It has been unable to attract the investigators required to fill the vacant posts in the unit. There have been no convictions of scrap metal dealers in eThekwini since the unit was established.

At a National level, the Second Hand Goods Law which was passed in 2009 has not yet been implemented by SAPS. It creates a solid framework for law enforcement to pursue and prosecute copper thieves and must urgently be implemented.

Copper theft has a direct impact on the lives of our people, and always hits poorer communities hardest. eThekwini then has to spend additional resources replacing infrastructure instead of rolling out more services to the poor.

In my opinion, even if it costs us R30m per year to prevent R30m of cable theft, the measures are worthwhile as they reduce loss of productivity and costly damage to consumer equipment.

Cllr WB Chapman