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

Of concern is the fact that while the number of sergeant and captain posts have increased by 26 to 193 (26 new posts), the number of vacancies has increased by 32 posts from 54 (32.3%) in 2011 to 86 (44.6%) now.

Sergeants and Captains are the leaders that make or break a police service on the ground.

January 2012
Total Uniform staff as per the Organogram = 2202 (+2 posts)
Total Uniform staff vacancies = 975 (-81 posts)
Total Uniform staff vacancy rate = 44.3% (-3.7% points)

Total Sergeant/Captain posts = 193 (+26 posts)
Total Sergeant/Captain vacancies = 86 (+32 posts)
Total Sergeant/Captain vacancy rate = 44.6% (12.2% points)

April 2011
Total Uniform staff as per the Organogram = 2200
Total Uniform staff vacancies = 1056
Total Uniform staff vacancy rate = 48.0%

Total Sergeant/Captain posts = 167
Total Sergeant/Captain vacancies = 54
Total Sergeant/Captain vacancy rate = 32.3%

I’m tired of the abundance of professional whingers I have to deal with on a daily basis. Too often do I hear throw away comments about how “the municipality does nothing” for our rates and taxes. Such statements demonstrate a level of ignorance which should have no place in the South Africa of today. In eThekwini we patently have water, electricity, excellent roads, reliable refuse removal (recycling), beaches, pools, uShaka, ICC, and yes parks and gardens – even though many spaces aren’t maintained as well as they should be.

Further, a huge proportion of our budget is spent spent rolling out infrastructure, services and housing to parts of the City where there were none before. How many of these professional moaners have actually driven to Waterloo or through the new KwaMashu town centre or visited Bridge City and seen that despite the many issues facing this council, money is actually spent relatively well.

I continue to be stunned by the number of people quite happy to say things like “we get nothing” for our taxes or “the government does nothing”. Do yourself a favour, go to Zimbabwe or Mozambique or Angola and spend some time there. Perhaps then you’ll stop taking for granted the services our governments provide.

And don’t get me wrong, Cape Town refers, we could and should be doing more and better but we’re hardly doing nothing.

CLLR WB CHAPMAN
Glenwood

If you think the council is taking too long to fix the lights you reported, please feel free to escalate through me.

Email to: custocare@elec.durban.gov.za

“Dear CustoCare

Please attend to faulty street lights in Glenwood on pole numbers:
- 34, 32, 30, 28, 26, 24, 22 and 20 on Nicolson Rd
- 2, 4, 6, 8, 10, 12, 36 Esther Roberts Rd

Regards
Warwick”

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“

The Connected Schools project aims, in this initial phase, to connect 86 schools to the Internet in areas like Umlazi, KwaMashu, Phoenix, Inanda, Sydenham and Overport . Quite simply, the more access our learners have to the Internet, the more learning and skills development we are going to see taking place.

This sort of project, once properly implemented and maintained, is an example of the sort of positive interventions which municipalities can make, in partnership with other spheres of government, to effect positive change in the lives of people looking for a way out of poverty. We know that in the 21st century knowledge is power.

Providing access to the Internet means providing access to the single largest repository of Information on the earth. Let’s do much much more of it in the years to come.

In March when it passed unanimously through Parliament the Acting Minister, giving us a hint of the importance that this legislation holds, said, “Local government will never be the same again. This Bill will open a new chapter in local government and help turn it around into a responsive, accountable, efficient and effective local government system that will help accelerate service delivery.”

The Departmental press release from April this year reads, “in some cases Municipalities … are staffed with employees who are not necessarily qualified to undertake their duties. It is for this reason that this Bill makes it mandatory for Municipalities to employ appropriately qualified and competent people.”

The Department goes on to say, “the … Act is aimed at professionalising local government for improved service delivery and performance management…”

National CoGTA Circular 19 of 2011 says of this Act that it “outlines government’s resolve to professionalise local public administration.”

Section 3 of the Amendment Act, (adding section 54A and amending section 56), provides strict new rules governing the appointment of municipal managers and managers directly accountable to municipal managers to the extent that “any contract of employment entered into between the municipality and [the appointed municipal manager or manager directly accountable to the municipal manager] is null and void if the appointed person does not have the prescribed skills, expertise, competences and qualifications…”

Section 5 of the Amendment Act (inserting a new section 56A), requires that a municipal manager or manager directly accountable to a municipal manager may not hold any political office in a political party, whether in a permanent, temporary or acting capacity.

There can be little doubt that these changes seek to address the cancer of cadre deployment at the level of senior municipal management. For nearly 15 years now, political cadres have been deployed to positions of management regardless of qualifications. This Amendment now requires unambiguously that managers henceforth not be politically active and are qualified and able to perform the job at the level required for the turnaround of local government.

The states aims of this act include:

1. Professionalise local government by ensuring that the administrative apparatus of municipalities is staffed by appropriately qualified and competent persons to improve on service delivery.

2. Require employment contracts and performance agreements of municipal managers and managers directly accountable to municipal managers to be consistent with the uniform systems and procedures set nationally.

3. Prevent staff dismissed for serious misconduct (financial misconduct, corruption, fraud) from being re-employed in any municipality for 10 years. Other categories of misconduct now carry prescribed waiting or rehabilitation periods before a dismissed member may be re-employed.

4. Prevent the bloating of municipal administrations in areas that do not constitute the core business of municipalities by requiring municipalities to pass a staff establishment through council and only positions indicated on that establishment may be filled.

5. Amend the Code of Conduct for Councillors to make it illegal for councillors to vote in favour of a resolution which conflicts with any local government legislation.

There is little doubt that this legislation is a response to the ANC’s abysmal performance in Local Government. The opposition in this council has a responsibility to ensure that the measures taken in this Amendment Act are applied in this municipality henceforth.

The Speaker – eThekwini Council
Councillor Logie Naidoo
City Hall
DURBAN
14 October 2011

Dear Mr Speaker

QUESTIONS IN TERMS OF SECTION 17 OF THE RULES OF ORDER

The enforcement of speeding on our roads is a critical exercise to reducing fatal accidents. “Speed Kills” we are told but there are some serious questions about the ability of Metro Police to enforce speed on our roads.

It is in this regard that I table the following questions:

1. The National Department of Transport has recently committed itself to the International “Decade of Action for Road Safety 2011-2020”. Is the eThekwini Municipality aware of this initiative and are we willing to commit this municipality to support the initiative?

2. How many calibrated and functional mobile speed enforcement equipment does the eThekwini Municipality have currently?

3. Are the cameras referred to in 1. above deployed to enforce speed every day, ie. Are there days when the equipment is not all being used for speed enforcement?
3.1. If not, why not?

4. How many prosecutions for speeding were made in the 2010/11 financial year?
4.1. Of those, how many prosecutions were made on the M-roads and N-roads in eThekwini (eg. M13, Western Freeway, M19)?
4.2. Of those, how many prosecutions were made on other classes of municipal road?

5. Is it true that speed is only enforced on residential roads if the average violation is over 20km/h over the limit? (eg. On a 60km/h road, there must be large number of vehicles travelling at over 80 km/h before enforcement will take place)

6. Are there any plans to increase the amount of speed enforcement taking place in eThekwini?
6.1. If yes, have any targets been set?
6.2. If no, why not?

7. Why do Metro Police continue to place unmanned speed cameras on bridges despite a court order ruling this action unlawful?

8. Given the necessity for increased speed enforcement in residential areas, should the cameras in 7. above not be used to make our residential roads safer.

Yours faithfully,

Councillor Warwick Chapman
Democratic Alliance

–

Answers as provided at eThekwini Council Meeting on 30 October 2011:

Councillor ZRT Gumede in her capacity as the Chairperson of Health, Safety and Social Services Committee provided the following respective responses:

1. Yes, Council would commit to and participate in this initiative in any way possible.

2. There are five calibrated and functional mobile speed devices in use.

3. Yes, every day with the exception of when there is severe rain or unplanned departmental requirements, i.e. strike action.

4. A total of 134 712 prosecutions were initiated for the 2010/11 financial year, of these 76 236 were enforced on highways, freeways and main roads. We do not do enforcement on national roads; this is undertaken by KZN RTI.

5. An instruction from the KZN Director of Public Prosecutions is that no prosecutions may be initiated for vehicles travelling less than 20 km per hour over the speed limit.

6. Yes, there is an initiative to increase speed enforcement in eThekwini. We are in a process of converting a large number of red robots cameras to speed cameras thus motorists will not only be charged for crossing red robots but also for speeding.

7. Mobile speed equipment and devices are not left unmanned; however enforcement personnel are not required to sit right next to the equipment. This is for personal safety and health reasons, i.e. sun. There is no such court order preventing enforcement on bridges.

8. Speed enforcement by laser camera equipment may only be performed on sites that have been inspected and authorised by the DPP’s office. The DPP’s office has authorised 72 sites for eThekwini mainly on highways, freeways and main roads and urban roads where the stopping of vehicles is considered dangerous to drivers and pedestrians.

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