Notes

Published in Monograph No 73, May 2002

Leaner and Meaner? Restructuring the Detective Service

  1. J Redpath and M Matthee, The Hydra Phenomenon, rural sitting ducks, and other recent trends around organised crime in the Western Cape, Institute for Human Rights and Criminal Justice Studies, Technikon South Africa, February 2001.

  2. S205(3) of the Constitution of the Republic of South Africa, Act no 108 of 1996.

  3. Department of Safety and Security, We Protect and We Serve, Annual Report 2000/2001.

  4. G Fivaz, Activities of the detective service, policy document, 27 March 1998. Although this is an old document, the classic responsibilities of detectives at station level have not changed.

  5. Department of Finance, National Expenditure Survey 2000 Vote 24; Department of Finance, 2001 Estimates of National Expenditure, Vote 23 Safety and Security.

  6. Department of Finance, 2001 Estimates of National Expenditure, Vote 23 Safety and Security.

  7. SAPS Head Office.

  8. Department of Finance, 2001 Estimates of National Expenditure, Vote 23 Safety and Security, p 479.

  9. Ibid.

  10. SAPS Head Office Management Services.

  11. The Auditor-General’s report for Vote 29 on the financial statements of the SAPS and the Secretariat for Safety and Security for the year ended 31 March 2000, p 32.

  12. M Aylewood, Senior Supt, Communication Services, SAPS, interview, 20 July 2001.

  13. The Auditor-General’s report for Vote 29 on the financial statements of the SAPS and the Secretariat for Safety and Security for the year ended 31 March 2000, p 32.

  14. Ibid.

  15. The average ‘57’, which appears in the Auditor-General’s report, is the average per province. The average ‘53’ is the average for the country as whole.

  16. D Mistry et al, Social Fabric Crime in the Northern Cape, Technikon SA, October 2001.

  17. For more information on this pilot project, contact K Hustler at Business Against Crime in Port Elizabeth.

  18. M Aylewood, Senior Supt, Communication Services, SAPS, interview, August 2001.

  19. Ibid.

  20. Ibid.

  21. Ibid.

  22. Ibid.

  23. The average ‘57’, which appears in the Auditor-General’s report, is the average per province. The average ‘53’ is the average for the country as whole.

  24. M Aylewood, Senior Supt, Communication Services, SAPS, interview, August 2001.

  25. For example, the mandate, determined in 1998, of the Pretoria Murder and Robbery Unit, with respect to murder, is as follows: “All murders of and attacks on persons 70 and older at a place of residence where the motive is robbery or rape and serious injury occurs; all murders with a firearm where the suspect is unknown; all murders or attempted murders of members of the SAPS; any other murder that the Area Head of the detective service so decides.”

  26. M Aylewood, Senior Supt, Communication Services, SAPS, interview, August 2001.

  27. J Selebi, National Commissioner, SAPS, media statement, 12 January 2001.

  28. M Aylewood, Senior Supt, Communication Services, SAPS, interview, August 2001.

  29. J Selebi, as quoted in: Parliamentary Monitoring Group, Minutes of Safety and Security Portfolio Committee Meeting, 28 February 2001.

  30. Ibid.

  31. Ibid.

  32. M Aylewood, Senior Supt, Communication Services, SAPS, e-mail, October 2001.

  33. J Selebi, as quoted in: Parliamentary Monitoring Group, Minutes of Safety and Security Portfolio Committee Meeting, 28 February 2001.

  34. SAPS Presentation to Public Accounts Committee, Parliament, December 2000.

  35. J H de Beer, Divisional Commissioner, SAPS, letter to M Martins, Chief Executive Officer, SAOV, 9 April 2001.

  36. M Aylewood, Senior Supt, Communication Services, SAPS, facsimile, October 2001.

  37. D Mistry et al, An offender profile: Perpetrators of farm attacks, Technikon SA, May 2001.

  38. Conference delegates from the media at a conference entitled The Media and the Law made this observation, which was disputed by the SAPS members present, Technikon SA Conference Venue, Johannesburg, 10-12 September 2001.

  39. M Aylewood, Senior Supt, Communication Services, SAPS, interview, August 2001.

  40. L Eloff, Deputy National Commissioner, SAPS, letter to the Provincial Commissioner, Western Cape and the Divisional Commissioner Detective Service, Strategic focus of the South African Police Service 2000 to 2003: an integrated approach to investigating crime, 11 January 2001.

  41. Ibid.

  42. Ibid.

  43. Ibid

  44. Ibid.

  45. Ibid.

  46. Ibid.

  47. SAPS website, <www.saps.org.za>

  48. Ibid.

  49. S Grobler, Director Anti-Corruption Unit, SAPS, interview, September 2001.

  50. In particular, the former head of the organised crime component of the SAPS.

  51. S Grobler, op cit.

  52. S Grobler, op cit.

  53. The definitions of a child in s1 of the Child Care Act no 74 of 1983, as amended, and s28(3) of the Constitution of the Republic of SA Act no 108 of 1996, serve as a guideline to determine age.

  54. J H de Beer, op cit.

  55. M Aylewood, Senior Supt, Communication Services, SAPS, interview, August 2001.

  56. M Aylewood, Senior Supt, Communication Services, SAPS, facsimile, 5 October 2001.

  57. SAPS Website <www.saps.org.za>

  58. Ibid.

  59. Mandate of the SAPS Commercial Crime Branch, obtained from Communication Services, SAPS, August 2001.

  60. SAPS website <www.saps.org.za>

  61. A Meijer, former Supt of SAPS, interview, July 2001.

  62. According to the SAPS Detective Development Branch, obtained via Communication Services of SAPS, August 2001.

  63. G Britz, Technikon Pretoria West, e-mail, September 2001.

  64. M Aylewood, Senior Supt, Communication Services, SAPS, e-mail, October 2001.

  65. National Prosecuting Authority Act no 32 of 1998.

  66. National Prosecuting Authority Amendment Act no 61 of 2000.

  67. J Steinberg, Sting in the tale of the Scorpions, Business Day, 4 September 2001; discussions with Senior Management, SAPS Organised Crime Units, Nylstroom, September 2001.

  68. Discussions with Senior Management, SAPS Organised Crime Units, Nylstroom, September 2001.

  69. T Sherman, Issues facing management of the prosecution, transcript of a speech contained in the report of the proceedings of the conference: Empowering prosecutors for effective and responsive prosecutions in the new millennium, Regency Hotel, East London, 9-12 November 1999, pp 22-23.

  70. R van Wyk, Crime Threat Analysis, CIAC of SAPS, February 2000.

  71. See chapter 2 on the budget.

  72. M Schönteich, A battle lost? Violent crime trends in 1999, Nedbank ISS Crime Index, Volume 4(3) 2000, p 2.

  73. Ibid.

  74. J Redpath and M Matthee, op cit.

  75. Ibid.

  76. W Hofmeyr, The challenges of implementing new legislation: asset forfeiture in the war against crime, seminar paper, 27 February 2000.

  77. Ibid.

  78. Ibid.

  79. South Africa Survey 1997-1998, South African Institute of Race Relations, p 80.

  80. Ibid.

  81. Ibid.

  82. W Viljoen, Acting Director, DSO, interview, Cape Town, August 2001.

  83. B Ngcuka, Intelligence and the Role of the Judiciary, keynote address, The Imported Issues Symposium, 28-30 September 1999.

  84. Ibid.

  85. Ibid.

  86. Interviews with DSO members, Cape Town, August 2001.

  87. South Africa Survey 1999-2000, South African Institute of Race Relations, p 100.

  88. Interviews with DSO members, op cit.

  89. Chapter 10, South African Police Service Act no 68 of 1995.

  90. Department of Finance, 2001 Estimates of National Expenditure, p 448.

  91. Independent Complaints Directorate, Annual Report 1999/2000, p 34.

  92. Department of Finance, National Expenditure Survey 2000, p 169.

  93. 2001 Estimates of National Expenditure, op cit, p 444.

  94. Ibid, p 448.

  95. Ibid.

  96. Adv K Mackenzie, as quoted in: Parliamentary Monitoring Group, Minutes of Safety and Security Portfolio Committee Meeting, 28 February 2001.

  97. Ibid.

  98. Ibid.

  99. Regulations for the South African Police Service were published in the Government Gazette on 27 December 1996 in terms of the South African Police Service Act 1995.

  100. A member also commits misconduct if he or she: fails to comply with a lawful order or instruction; takes part in a strike; assaults or threatens a fellow member; falsely accuses a fellow member of improper conduct; treats a lower ranking member oppressively; withholds or delays any complaint in connection with a member; deserts the SAPS; is absent without leave; fails to report for duty; goes off duty before being relieved; makes a false alarm; uses a narcotic drug; drinks alcohol or is under the influence while on duty; feigns illness; willfully causes injury to self or another to render either unfit for duty; fails to notify the commander that he or she has a notifiable disease; sleeps on duty; neglects duty; releases a prisoner willfully or negligently without proper authority; uses unlawful force against a prisoner; demands monetary reward for any act or omission; sells any SAPS property; misappropriates any public property; neglects any animal under control of the state; displays gross discourtesy to any person while on duty; knowingly makes false or incorrect statements in public about the SAPS; with intent to prejudice any person, knowingly conceals or falsifies evidence; borrows money from someone of lower rank; sexually harasses, victimises, or unlawfully discriminates against a member or employee of the SAPS; gives false information in disciplinary proceedings; knowingly conducts him or herself in a manner not conducive to good labour relations. A member also commits misconduct if he or she, without permission, engages in any trade or business, or any private work connected with the performance of his or her duties, or any other remunerative work. The relevant commissioner should not withhold such permission unless the economic activity concerned: prejudices the public image of the SAPS or interferes with its functions or fails to comply with any official code of conduct of the SAPS.

  101. 2001 Estimates of National Expenditure, op cit.