Text of letter, with annexure, from Western Cape Premier Helen Zille to Minister of Police Nathi Nhleko, July 8 2015

8 July 2015

Minister Nhleko

The National Minister of Police

Dear Minister Nhleko

THE KHAYELITSHA COMMISSION OF INQUIRY RECOMMENDATIONS

On 8 June 2015, the National Commissioner of the South African Police Service, Riah Phiyega, presented the acting Premier of the Western Cape, Bonginkosi Madikizela, with a document, dated 5 June 2015, which we understand to be SAPS's response to the recommendations made by the Khayelitsha Commission of Inquiry into allegations of Police Inefficiency and a breakdown in relations between SAPS and the community of Khayelitsha.

This response was presented after numerous attempts over the past nine months requesting a response from yourself as Minister of Police, compliant with section 206 (5)(b) of the Constitut ion of the Republic of South Africa.

At the meeting between SAPS and the Western Cape Government, when the response was handed over,the National Commissioner said, and indeed it is stated in the response itself, that the said response has been provided to us, "By direction of the National Minister of Police."

Having now had the chance to consider the response with my officials in the Department of Community Safety and MEC Plato, J am disappointed to find that each of the 20 recommendations made by the Khayelitsha Commission of Inquiry have been ether denied, disputed or re-directed to the Province and/or City of Cape Town by SAPS.

The response takes various gratuitous political swipes at both the Provincial Government and the City of Cape Town and, notwithstanding the unanimous ruling of the Constitutional Court as to the validity of its establishment, spends much of its time attacking the rationale of the Commission rather than dealing in any substantive way with the hundreds of pages of detailed expert and personal evidence that was put before the Commission and upon which it based all its findings - some of which evidence was provided by members of SAPS themselves . In fact some of the details in this response can only lead one to conclude that the National Commissioner, has not read the recommendations in the context of the evidence that was handed up (and is publically available}. Alternatively, the author of the SAPS response, which has been signed by General Phiyega, has not done so and only taken the recommendations in isolation with a mandate to attack them on any basis possible.

Given how much good work went into the Commission and how much valuable information has come out of it, and which is being implemented by SAPS in more than one area, you will hopefully appreciate my disappointment at the content of this response.

To give you one example, the evidence from SAPS personnel at the Commission was that a Memorandum of Agreement between SAPS and DoCS would be welcomed in order to clarify the roles and responsibilities of the two parties. Ironically this was resisted by DoCS initially, but ultimately accepted as reasonable and it now forms part of the recommendations. DoCS then took great pains to prepare such a document for SAPS to consider before conclusion, which was first forwarded to SAPS office last year. To my astonishment, I am advised that your National Commissioner, in response to a direct question from

our Docs officials at the meeting when the response was handed over, advised that SAPS have no intention of considering or concluding such an MOA with our Department, notwithstanding direct evidence to the contrary that was put up in the commission by General Japtha that this would be welcomed by SAPS so that the roles and responsibilities of the two organs of state can be clarified and an agreed approach to those roles adopted. This was subsequently supported by Provincial Commissioner, Lieutenant General, Arno Lamoer during the Commission's hearings.

I have responded to the National Commissioner's response directly in a letter dated 8 July 2015, a copy of which is attached hereto for ease of reference, and am hopeful that her indication that this is simply a preliminary response by SAPS means that it is not the final document which will be put before you in your consideration of the recommendations of the Commission. Therefore Ishall continue to engage with SAPS to clarify the matters raised in their response in order to try and reach common ground on what the response from SAPS should be. This will allow us to move forward to achieve an even safer Khayelitsha.

Minister Nhleko, key to taking policing forward in Khayelitsha, this province and indeed this country, is that SAPS take the recommendations of the Commission seriously. The recommendations vis a vis SAPS per se, are, in my view, the threshold of what should be expected of a police service in Khayelitsha in terms of the Constitution. These recommendations are therefore now also included in our Policing Needs and Priorities Reports submitted to you by Docs and which is made mention of in the MINMEC report submitted by Minister Plato to your office in March 2015.

Given that you are obligated to apply your mind to those recommendations, I am hopeful that the final inputs to be made by the National Commissioner of Police, will be of more assistance to you in that task so that you can shortly provide clear directives as to what action must now be taken regarding the implementation of the recommendations made in the Khayelitsha Commission report.

Yours Sincerely,

PREMIER (HELEN ZILLE)

1. The National Police Commissioner Phiyega

2. The Acting Provincial Police Commissioner Gen Patekile

ANNEXURE A

Response by the Department of Community Safety (DoCS) to the comments received from the National Commissioner, South African Police Service on the Khayelitsha Commission of Inquiry Recommendations (dated 5 June 2015)

The National Commissioner of Police presented the comments of the South African Police Service regarding the Commission of Inquiry's recommendations to the acting Premier, the MEC for Community Safety and other provincial officials on 8 June 2015. The details of which is contained in the report titled 'THE SOUTH AFRICAN POLICE SERVICE RESPONSE TO THE KHAYELITSHA COMMISSION OF INQUIRY

RECOMMENDATIONS' {the SAPS report) under reference 26/3/5/2/ l dated 5 June 2015.

1. Summary on reading the SAPS report:

Although the SAPS report starts with stating that 'By direction of the Minister of Police' the fact remains that this report is signed by the National Commissioner opposed to the National Minister, who is by Constitutional design obliged to consider the recommendation. This is important as it may have legal implications going forward, and it also speaks to the approach of the National Minister to this matter {mindful of other similar Commission of Inquiry reports) .

The report deals only with the recommendations made by the Commission, and makes no reference to the findings or the extensive evidence contained within the report, let alone to the days of oral testimony and the numerous documentary evidence that was presented to the Commission. Accordingly,SAPS has responded to most of the recommendations somewhat out of context. It does not acknowledge that in making those recommendations, the Commissioners considered all the evidence presented before it made findings in respect of that evidence,and crafted the recommendations to deal with the problems or concerns that it had identified.

Furthermore, the SAPS report in general fails to differentiate between actions, interventions and or projects instituted, by various role-players including SAPS, after and before the Khayelitsha report was handed over to SAPS. Although many of the interventions had indeed been instituted only after the report was released, the SAPS now use this information to argue why no interventions are required.

The SAPS report also does not reflect the full extent of the work performed by the various role-players as a result of the Khayelitsha Commission, and in particular by the province in support of the SAPS Cluster Commander. Also please refer to the detailed Khayelitsha Joint Forum report which is the product of a consultative process involving various stakeholders on the so-called Turnaround Strategy for policing in Khayelitsha.

The SAPS reports re-introduce many of the same arguments as to why police did not support the establishment of the Khayelitsha Commission of Inquiry, this despite the rulings made by both the Cape Town High Court and the Constitutional Court. This not only detracts from the response received from SA PS but obscures the issues at hand, namely improved policing and improved relations between the communities and police in Khayelitsha.

A more detailed response to the SAPS report, per paragraph, is provided below;

2. Re - Background:

The background part of the document purports to set out the factors leading to the establishment of the Commission, as well as to the arguments and decisions of the High Court and Constitutional Court. In fact it does this only selectively. It does not refer to the key aspects of the decision of the High Court or the Constitutional court. Notably, it does not appear to acknowledge that the Constitutional court unanimously, confirmed that:

The Commission was entitled not only to investigate the specific complaints set out in the initial submission by the Complainant organisations, but could look at broader or systemic concerns about the police function in the community (See para 7, p. 11-12 of the Commission Report).

In regard to Para 1.8 of the SAPS report, the response does not take into account the courts affirmation of the Province's right, in order to fulfil the functions of 'monitoring, oversight and liaison', to investigate or appoint a commission of inquiry into any complaint of police inefficiency or a breakdown in relations between the community and police; and to make recommendations to the Cabinet member responsible for policing {at para 33 of the Constitutional Court judgment}.

The focus of the Commission was to investigate allegations of inefficiency and breakdown in relations between the community and police in Khayelitsha. In this regard, the Commission outlined how it understood the terms 'inefficiency' and 'breakdown in relations between the community and the police' {see pp. 14 - 17, Commission Report). It made findings that there were indeed inefficiencies, and a breakdown of relations. A summary of these inefficiencies (pp. xxiv - xxv) and breakdown in relations (pp. xxv-xxvii) is outlined in the report, and more detail on these issues are set out in the report. The National Commissioner's response has not referred to these findings at all, other than a brief acknowledgement that it did make a finding of 'serious inefficiencies ' and 'breakdown in trust' between community and police (para 1.10).

As indicated in the SAPS response, the Constitutional Court confirmed Province's role in monitoring the inefficiencies of the police service. It is in this spirit that the Department of Community Safety makes its observations to the SAPS response.

The Province cannot fulfil its oversight role if the SAPS does not provide it with sufficient information. For this reason, further information is requested from the SAPS, as set out below.

3. Re - Recommendation One: Community Policing Commitment

The recommendation that SAPS undertake a 'policing commitment' is not based on the argument, as is suggested in the SAPS report namely that the SAPS are not committed to working with the community to fight crime. The recommendation of the Commission of Inquiry is based on the idea that such an undertaking would help to rebuild the relationship between community and police, and would clarify the expectations of the community and the general obligations of the police towards the community. The Undertakings are based on an analysis of the evidence that was presented to the Commission, and that there were concerns with the police conduct in certain respects. These are summarised on page 440 of the Commission's report, and include:

The SAPS members did not always treat members of the public in a respectful and fair manner;

That members of the LBGTI and other vulnerable groups had particular concerns in this regard;

That there were delays in the police's response to calls for assistance;

- That telephones were often unanswered, etc.;

There is a need for SAPS members to attend CPF meetings. While the Department of Community Safety may be obliged to offer support to the CPF, the primary stakeholders in this relationship are the police, and the CPFs, which represent the community.

The Department of Community Safety, together with SAPS, have since facilitated the successful elections of new members of the CPFs at all three police stations within Khayelitsha. All new CPFs members have been provided with training and have sign­ up on the Expanded Partnership Programme (EPP) of the Department which programme is aimed at facilitating the effective functioning of CPFs, and which programme is supported by a funding model. The election of the new Cluster CPF Board in the area is to be concluded by end July 2015, again creating opportunity for improved performance and co-operation.

The SAPS report states that 'It should be noted that Provincial Government, the City of Cape Town and the Provincial Secretariat are legally bound to provide support to structures like CPF and Community Safety Forums' - it is our view that this is a misstatement of fact as there currently exists no legal framework (or regulations) giving provinces and/or the City any formal relationship and/or authority over CPFs. Section 19 of the SAPS Act, requires the MEC to direct Provincial Commissioner in the establishment of CPFs which legal function is overtaken by the Interim Regulations for CPFs issued by the then National Minister of Police in 2001 . In those regulations the concept of elections are introduced with no mention made as to the functions and roles of the provinces or the City. The Provincial Secretariat is by law obliged to 'facilitate the effective f unctioning of CPFs' , again the detailed regulations on how this must be done are awaited. This gap in current policy and lack of clarity that exists on the role of provinces were argued at length in the affidavit by the Head of the Department of Community Safety (HOD) submitted before the Commission.

Mention is made in the SAPS report of a Frontline Service Delivery Project, which provides for a Service Charter, and which was negotiated with the communities based on their policing needs. SAPS should be asked to provide DoCS with more information about this and whether such a Service Charter has been adopted in Khayelitsha, and if so when. A copy of this Charter should be provided.

The DoCS recognises the establishment and work of the Khayelitsha Joint Forum, and indeed, does participate on the Forum. Mr Morris, the HOD of Docs is co-chair of the Joint Forum, with Directors being assigned and fully participating in most of the sub­ forums dealing directly with the recommendations of the Commission.

The idea of developing a Cluster Service Charter that will be displayed in the Service Centre is supported.

4. Re - Recommendation Two: Procedural Justice Model

The Procedural Justice Model of policing speaks not only to the 'what' of policing activities, but as to 'how' such policing activities are carried out. The Commission made this recommendation based on its findings of inefficiencies in the police service in Khayelitsha. In this regard,the Commission observed that the adoption of a procedural justice model would help to develop a stronger leadership among the three police stations, the FCS unit and the Province. The Commission observed some concerns with the SAPS leadership in this regard (see for instance Chapter 13 of the report, especially at para 166-178; para 111-119).

The conclusions of the Commission in regard to leadership and management challenges are well documented in the body of the report. The SAPS performance management system was discussed in Chapter 1 1 and elsewhere.

To the extent that SAPS indicates that its Management Performance Assessment Tool indicates an improvement in the performance of the SAPS, we should ask that this information be shared with DoCS. The Performance Chart presented to the Commission indicated that during the period under review, the performance of the police in those areas had declined. However, at the same time, the Commission queried how the information was captured and presented in the performance chart (p. 223).

The Commission also considered how new information was presented to members during parades and other forums. However, it should also be noted that the Lingelethu Station Commander reported that there was no space at the station where parades could be held (p. 223)

In regard to the comments that there are formal and informal training courses and that members are sensitised during parades does not necessarily address the Commission's concern about the 'manner' in which the SAPS conducts its service.

5. Re · Recommendation Three: Monitoring and Oversight Team

The Commission made the recommendation that a monitoring and oversight team be established to monitor the functioning of the SAPS in the three police stations because it had identified a concern with the current monitoring and oversight mechanisms of the SAPS. The body of the report refers to some of the gaps in these monitoring systems.

Specific reference is made in the SAPS response that 'crime scenes are managed effectively'. However, the Commission heard evidence to the contrary, and noted this in its report and findings (see for instance pp. 252;310-31 l; 377-379). However, in the event that the SAPS has introduced new measures to improve crime scene management that was not presented at the Commission, then Docs would welcome any information on this regard.

The monitoring team was proposed as a means to oversee the implementation of the recommendations of the Commission. The response does not address the need, as identified by the Commission, for the establishment of such a task team, nor of the multi-stakeholder nature of the team.

6. Re ·Recommendation Four: Change Management Process

The response does not address the findings of the Commission in regard to its leadership challenges, specifically related to the Cluster and FCS unit. At the time of the Commission's conclusion, General Brand was appointed as new Cluster Commander, and his role has been noted and appreciated. However, the Department would appreciate it if the SAPS could report on other measures to address the leadership challenges in the FCS Unit, and the other measures to deal with the breakdown in trust between the community and the police.

7. Re - Recommendation Five: Detective Services

The Commission's recommendations regarding the detective service in Khayelitsha is based on an analysis of evidence and oral testimony, and on an analysis of the police dockets (see for example pp. 362-374). To the extent that improvements have been made in the detective services following the Commission, the Department would appreciate the SAPS providing it with more information. In particular, the Department requests information on:

- The decrease in the case load of the detectives.

The number of detectives now assigned to each of the three police stations. The project to decrease the unsolved murder and inquest case load - and an assurance that the decrease in this caseload is not just being managed through closing a greater number of dockets which are considered as 'unsolved'.

Updated information on the number of case dockets being dealt with by the three police stations.

It is also clear that the measures referred to at the bottom of page lO of the SAPS report where instituted after the Khayelitsha Commission Report was published. The Report was published on 18 August 2014 and the Response document refers to the establishment of a backlog team by the Provincial Commissioner on 4 September 2014.

8. Re - Recommendation Six: Guidelines for Visible Policing of Informal Neighbourhoods

The Commission based its findings and recommendations regarding policing of informal settlement areas after consideration of documentary evidence and oral testimony by members of the community and SAPS. Indeed, in its recommendations, the Commission refers to the testimony of Colonel Nel who conceded that policing in these areas is neglected (see para 28, p. 449}. The Commission also acknowledged the difficulties created by a lack of infrastructural development and adequate maintenance of these areas. Nevertheless, it noted that notwithstanding these problems, it was incumbent on the police to render a full and effective service, not only in 'formal' areas, but also in the informal settlement areas which do not have proper roads, house numbers, or sufficient lighting.

The Commission also took into account the SAPS's evidence regarding the foot patrols and vehicle patrols that they conducted in the area and concluded that this was insufficient. It therefore called on the SAPS Provincial Commissioner to develop specific guidelines for the policing of informal settlement areas.

To the extent that the SAPS have indicated that the car to personnel ratio has increased to l:4, the Department requests further information on this, and an indication of what the ratio is in respect of each police station in Khayelitsha.

In relation to the statement that the police to population ratio has increased to l:347, the SAPS is requested to indicate what is the ratio per police station in Khayelitsha, and a breakdown of the allocation of police officials per function. It should be noted that on evidence before the Commission, Lingelethu West had 274,97 police officials per l00,000; in Khayelitsha had 190,46 per l00,000; and in Harare had 111,32 per l00,000 (see pp. 392-393}. This analysis was based on personnel figures supplied by General Lamoer and compared with the population statistics from the 20 ll Census (see p. 315). Using this analysis, the overall provincial average was 283 officials per 100,000 of the population.

Accordingly, information on the actual number of personnel allocated to each of the three police stations is requested.

9. Re - Recommendation Seven:Theoretical Human Resource Requirement

The Commission made its recommendations for a reassessment and recalculation of the Theoretical Human Resource Requirement after considerat ion of all the documentary and oral evidence before it. This evidence suggested that there were serious flaws in the method of collecting data for the THHR (formerly called the Resource Allocation Guide (RAG)), and for determining the allocation across police stations. It therefore called for the system to be looked at. The SAPS response does not identify what the SAPS are doing to revise this method of determining the fixed establishment.

To the extent that the SAPS indicate that there have 'in the recent past' made additional allocation to the three Khayelitsha police stations, the Department would appreciate it if the SAPS could provide it with further information in this regard in relation to each police station. In particular:

The RAG/THRR for the 2013 - 2015 financial years.

Information on the approved establishment for each of the financial years. Information on the filled posts and vacancies for each of the financial years.

10. Re - Recommendation Eight: Improve Relations between SAPS and Community

It must be noted that the following comment in the SAPS Report "The law is clear that it is the responsibility and role of the Provincial Department of Community Safety to ensure good relations between the police and the community at large. It is very unfortunate that in the Western Cape the contrary prevails." is contrary to the aims of the Commission of Inquiry, and unfounded, having no basis on fact. Statements such as this one add unnecessary and unwarranted strain to the Western Cape Government's attempts to promote good relations in this province.

The Commission made its recommendation that the police release monthly crime statistics after consideration of documentary and oral evidence before it {see for example, pp. 313-315; 293-294; 326; 432-433). There were many stakeholders who were in support of the release of these statistics to enable the communities to respond and plan accordingly.

The Commission was aware of the Alternative Dispute Resolution programme run by the Department of Justice. However, after consideration of all the evidence, it was of the view that there was a necessity for a community-led dispute resolution mechanism. This was because many relatively low-level disputes are not necessarily crimes, or are not reported to the police for investigation. An ability to respond to disputes at this level, before they escalate can assist in resolving and reducing crime issues, and also prevent further revenge attacks in the community. It was the Commission's view that such a dispute resolution facility should not be implemented by state officials, though it should receive support, and possibly funding from them.

The Department requests a copy of the revised policy on reservists and any information regarding the new recruitment season. In particular, it requests information on the number of reservists who will be recruited at the three police stations in Khayelitsha.

11. Re - Recommendation Nine: Review of Human Resource Practices

The SAPS's response in terms of recommendation nine does not indicate whether the SAPS have considered the recommendations and the concerns that they are seeking to address.

- There was evidence led in the Commission that isiXhosa speaking SAPS officials are not always available, and that this leads to the inability to interview witnesses or gather information in the community.

- PEP: the SAPS are requested to provide information on the new management systems that it is using which indicate a 'maturation' and an 'improved ability' to measure performance accurately.

- More information is requested on the trial units which are designed to standardise sanctions and to ensure that discipline is instituted fairly, constructively and consistently. The SAPS are also requested to provide information on the disciplinary actions instituted against SAPS members at the three police stations from 2013 to March 2015, and of any sanctions given to members.

- Filling of outstanding posts: The filling of the posts of Cluster commander, and Station Commander and Detective Commander at Harare Police station are noted.

- Employee health and wellness : The Commission heard evidence regarding the health and wellness services available to members, however, its concern was that there is a stigma among members of being seen to access, and indeed, on accessing such services {see para 48, p. 454). The SAPS response has not indicated what measures have been taken to improve the perception and willingness of members to access these services. In particular, the SAPS's response is requested to the suggestion that all members should be obliged to undergo periodic counselling.

- Recruitment: The SAPS did not respond to the recommendations regarding recruitment (para 49-51 of pp. 454-455).

12. Re - Recommendation Ten: Station Performance Chart

The Commission based its recommendations on oral and documentary evidence before it which suggested very strongly that the current systems of measuring performance in the SAPS were inaccurate and inappropriately weighted some data (for example crime statistics) above others. The Commission accordingly suggested a more nuanced and community centric approach. The SAPS response refers to a number of measures that it argues are used to evaluate police performance:

- The Victims of Crime Survey (STATSSA): while this may be a good measure of perception at the national and provincial level, the sample size from which the data is collected is too small to disaggregate down to police station area, or even to police cluster level.

- More information is requested on the Citizen Based Monitoring and GCIS tracker services, as information on these facilities was not presented to the Commission.

- The Department of Community Safety conducts annual policing needs and priorities workshops where it consults with communities at the cluster level. The Department has introduced some mechanisms to measure perceptions of police performance at that level. A system of implementing the 'community scorecard' evaluations, as suggested by the SAPS could be considered.

13. Re - Recommendation Eleven:Vengeance Killings and Attacks

The establishment of the Joint Forum between the SAPS and stakeholders (Including DoCS), as initiated by General Brand after the Commission, is noted with appreciation. The Department is indeed already working with this forum towards the development of a solution to vigilante violence.

One of the Commission's recommendations in this regard was that the SAPS review the police strategy for responding to and investigating vigilante violence. The DoCS requests more information in this regard, as well as an update on the number of vigilante violence incidents in Khayelitsha in 2013-2015.

14. Re - Recommendation Twelve: Multi-Sectoral Task Team on Youth Gangs to be Established by Docs

The Department has been unable to initiate multi stakeholder responses to the Khayelitsha Commission as long as the SAPS have not signed a memorandum of agreement with it. DoCS has been participating in the Khayelitsha Joint Forum that was established with the initiative of SAPS. The Head of Department, Mr Gideon Morris is co-chair on the forum. DoCS members participate in the various sub-forums, including in the Youth sub-forum.

As part of DoCS's role in the forum, it has suggested the recruitment and enrolment of youth in the Chrysalis Youth Development Programme, as was recommended by the Khayelitsha Commission of Inquiry.

There were a number of recommendations that deal specifically with the role of the police and the courts, which appear to be absent from the draft plan of the Youth Sub-Forum - notably:

- A plan to protect children travelling safely to and from school;

- Visible policing programmes directed towards protecting the youth;

- A consistent approach towards arrest and prosecution of young people suspected of committing crimes; and

- Crime intelligence work to assist in eradicating violent gang practices.

The role of the Department of Education is also important to ensure that schools become safe spaces of learning.

15. Re - Recommendation Thirteen: Survey Community Attitudes to Unlicensed Liquor Outlets in Order to Assist Policy Formulation

The Province takes the concerns of the Commission extremely seriously, and has identified the need to reduce the harmful effects of alcohol as one of its special projects through its 'Game Changers' programmes. In Khayelitsha, the Province has

initiated, together with the VPUU, SAPS and the Department of Community Safety, a proposal to conduct a pilot project in areas within Khayelitsha that aims to establish a mechanism for establishing and monitoring agreed upon standards for the sale of alcohol in the area. The project aims to reduce the harmful effects of alcohol in the area. Should the initiative be successful, this could be expanded to other areas in Khayelitsha, as well as in the Province. It is encouraging that the Joints Forum has endorsed the project and is giving it support. These efforts shall be amplified by the Game Changer.

It should be noted that the statement made in the SAPS report namely that SAPS has raised concerns about illegal liquor trade with the Province and the City should be interrogated more. When and to whom were such reports and or interaction directed and why has the National Commissioner or the PC not escalated these matters?

16. Re - Recommendation Fourteen - Domestic Violence

It is noted that there is a Khayelitsha Joints Sub-Forum on Women and Children that is developing a pro-active strategy to create awareness of crimes against women and children, and to strengthen the support to victims of such crimes and violence. Again Docs participates in the sub-forum.

However, information is requested from the SAPS on what steps have been taken to implement the following steps in regard to policing of domestic violence:

- To ensure full compliance with Instruction 7/1999 at all three police stations;

- Accurate recording of reported cases of domestic violence as part of the crime statistics of Khayelitsha;

- Ensuring that all criminal dockets contain information about any Domestic Violence Act or Child Care Act interventions, including copies of any S 508(aJ forms, as well as any previous history of domestic violence incidents;

- The development of a victim friendly policy and improvement of victim­ friendly rooms; and

- Ensure that all firearms are removed from SAPS members who have been served with protection orders or who have been involved in domestic violence incidents.

17. Re - Recommendation Fifteen - Information Technology

a. Maps - The Commission recommended the development of a map of the informal neighbourhoods of Khayelitsha by the City. Due to the classification of the SAPS report we have not yet been able to share the content of the report with the City and are therefore not in the position to report on progress made in this regard.

b. Telephone contact: the Commission heard evidence to the effect that the public is not always able to contact the SAPS members on the 10111 number or on the station numbers (e.g. p. 360). The SAPS have not indicated what steps they have taken to improve this situation. The fact that the FCS unit may be positioned in Khayelitsha does not necessarily make it more accessible to members of the community, as evidence made apparent (pp. 381-383) .

c. Attestation of documents: The Department recently launched its Safety Kiosk Project which is, amongst others, aimed at increasing access of communities to services which includes the certification of documents. Although SAPS voices strong support for this project, the proposed MOA required for the project remains un-finalised.

d. Integrated case flow system: The SAPS response indicates that this is being driven by the Justice Cluster. SAPS is requested to provide information on the progress of this initiative.

e. Relationship with mobile network operators: If it is not possible to establish an on-going relationship, SAPS is requested to indicate how often it has applied for such information in the lost year in the three police stations in Khayelitsha.

18. Re - Recommendation Sixteen: Handling of complaints

The Commission made a number of findings regarding the Standing Order (General) 101 complaints and suggestions were made that this system be revised. The SAPS has not responded to this recommendation, nor to the recommendation concerning the manner in which such investigations are conducted. Further information is requested in this regard.

In this instance the question whether IPID adopted the recommendations made by the Commission of Inquiry remains unanswered.

Docs emphasises the importance of establishing a monitoring committee so that the developments of SAPS and other key stakeholders are reported on and are monitored.

19. Re - Recommendation Seventeen: Governance and Oversight

This recommendation is not only directed at the Civilian Secretariat of Police and Docs. It speaks to the oversight role of DoCS over the police as well as the relationship between the Department and the police. The Commission then refers to the fact that SAPS (Lt Genl Lamoer and Maj Genl Jeptha) indicated during the proceedings that SAPS and Docs should enter into a memorandum of agreement. The Commissioners then recommended that the MOA should deal with the following activities:-

- Visits by Docs to police stations;

- Arrangements for DoCS to inspect closed dockets;

- The manner in which Docs may investigate complaints against members of the SAPS;

- The role of Docs in relation to the CPFs and NHW; and

- Collaboration between DoCS and SAPS on key safety challenges.

The Department prepared a draft Memorandum of Agreement which was forwarded to Lt Genl Lamoer on 15 October 2014. On 30 October 2014 the Premier of the Western Cape wrote to the National Minister of Police referring to the draft MOA that was forwarded to the police and requesting feedback on the MOA. On 19 December 2014 the Chief of Staff of the National Minister of Police wrote a letter to the Chief of Staff of the Premier in the Western Cape forwarding a progress report by direction of the Minister of Police 'on the implementation of the Khayelitsha Report'. The draft MOA, unsigned, was attached to the letter.

20. Re - Recommendation Eighteen: Use of CCTV cameras

The Commission recommended a meeting between the City, Metro Police and Station Commanders to discuss the best way of using the CCTV cameras in Khayelitsha, and to consider the re-allocation of cameras for maximum effect.

This concerns the City, who have not yet been asked to comment.

21. Re - Recommendation Nineteen: Physical Infrastructure at police stations

The Commission heard evidence about the need for infrastructure development in Lingelethu West, as well as on the proposed new police station in Makhaza. The SAPS

is requested to provide information on how what steps have been taken to implement these recommendations. The response gives no indication of this.

22. Re - Recommendation Twenty: Backlogs at National Chemlcal Laboratories

The progress in establishing the new laboratory in Plattekloof is welcomed. The SAPS is requested to provide information on the extent of the backlog.

In the l Jan to 31 March 2014 Watching Brief report DoCS referred to the 20 drunken driving cases that were struck from the court roll in one court in Bishop Lavis on one day.

Jn the report the following was mentioned:-

'On 25/3/201 4 20 cases of Driving under the influence of alcohol were removed from the Bishop Lavis court roll.

These cases are reported not to indicate police inef ficiency but to indicate what effect the delay in issuing the blood alcohol reports have on the Criminal Justice System only in the Bishop Lavis area.

It is suggested that the various role players meet and discuss all the possible avenues available to address the problem. The issue should also be taken up with the national Minister of Health'.

In each case, the Provincial Commissioner merely responded - 'No lab report filed in this case docket and not received from the Department of Health'.

CONCLUSION

The reason that Premier appointed the Commission to investigate complaints only against the police in Khayelitsha is due to the fact, inter alia, that the complainant were from Khayelitsha and had complained about the lack of service by the police

in Khayelitsha.

The entitlement granted by the Constitution to provinces is only to do oversight over the police and to 'investigate, or appoint a commission of i nquiry i nto, any complaints of police i nefficiency or a breakdown i n relations between the police and any community'. See section ·206(5) of the Constitution.

The province does not have any mandate to investigate the National Prosecuting Authority or the Department of Justice and Constitutional Development.

Many of the issues dealt with by the Commission may have been known by the police, and indeed, it was noted that many reports drafted by different units within SAPS had highlighted many of these problems. But, what concerned the Commission was the failure to take effective remedial action in response to the issues that had been raised. In other respects, the Commission may have considered the issues from a different perspective and was able to offer fresh insights and recommendations.

The National Commissioner refers to 'an independent investigation into the alleged complaints'. The results of the now well-known Tshabalala-report confirm the complaints by members of the community of Khayelitsha, and point to the need to take effective action.

The National Commissioner hinted that the SAPS is working on 'what the Constitution prescribes as a single police service', and recommendations in this regard are contained in the Draft White Paper on Policing. The Department does not agree with this proposal for reasons set out in the comments on the 'White Paper on Policing'. These include:

- Firstly, there will have to be an amendment to the Constitution as section 206(7) of the Constitution provides for the establishment of 'municipal police services'. This section states very clearly that national l egislation must provide 'a framework for the establishment. powers, functions and control of municipal police services '. This was done i n the SA Police Service Act.

- The i ntegration of the municipal police services into the SA Police Service i s also likely to lead to a neglect of l ocal crime and the service delivery priorities that are currently driven by Metropolitan governments with their own agencies. An excellent example of what happened after such integration is the case of the former Railways Police,which became part of the former SA Police {SAP) in 1986. The integration was accompanied by undertakings that with an enlarged SAP, more attention would be given to the rail industry, its property, staff and commuters. Over the following few years quite the opposite happened,and the situation deteriorated to the extent that the rail industry had to employ private security companies. It was only in 2003 that a dedicated railway police capability was re-established within the SAPS.

Drafted by: Gideon Morris Department of Community Safety

7 July 2015

Issued by the Office of the Western Cape Premier, August 7 2015