Chapter 2

THE ROLE OF THE SAPS IN SOUTH AFRICAN BORDER CONTROL MECHANISMS

The Border Police was established on 11 August 1995 as a national component within the Division Operational Response Services to ensure the effective policing of South Africa’s international borders. The key roleplayers in terms of regulatory functions on South Africa’s borders are:

Department of Home Affairs

South African Revenue Services

South African Police Service

South African National Defence Force

Department of Trade and Industry

Department of Transport

Department of Health

Department of Agriculture.

The Department of Home Affairs designates ports of entry and handles the administrative control of the entry and departure of persons. Customs and Excise, a division of the South African Revenue Services (SARS) is responsible for the designation of a specific port of entry that may be used for the importation and exportation of goods, as well as for the administrative control and levying of excise duties and taxes on imported or exported goods. The departments of Trade and Industry, Environmental Affairs, Health and Agriculture are also involved in the administrative control at ports of entry. For example, the imposition of quarantine measures on perishables and livestock is the joint responsibility of the departments of Health and Agriculture.

The main functions of the Border Police are the prevention and detection of crossborder crime and the illegal movement of people and goods into or out of South Africa, both internally and at the country’s borders. The Border Police also perform functions on an agency basis for the Department of Home Affairs (Immigration) and SARS (Customs and Excise).

In this section, the following will be discussed:

command and control of the border police;

functions and responsibilities;

the collective approach of the National Interdepartmental Structure for Border Control;

initiatives to improve border control;

projects to address crossborder crime;

co-operation and communication;

information management;

recommendations to improve border policing; and

the way forward.

Command and control of the border police

The Head of the Border Police has executive authority regarding all activities of the component. The Deputy Heads of Operations resort directly under the command of the Head, and are responsible for all operational functions executed by their respective subcomponents. The Deputy Head of Development and Support Services also resorts directly under the Head and is responsible for the development of training, the management of infrastructure and the support functions of the component, as well as for liaison and co-ordination with the intelligence community on relevant matters.

The Operational Heads of Sea, Air and Land borders and of the Internal Tracing Units1 resort under the direct command of the relevant Deputy Heads of Operations and are responsible for the national management of their respective subcomponents.

The Provincial Head of Operational Response Services is under the direct command of the Provincial Commissioner for the purpose of operational functioning.

Provincial Managers/Co-ordinators are accountable to the Provincial Head of Operational Response Services for the day-to-day management and operation of all border police activities in their respective provinces. Unit commanders, whose status is similar to that of station commissioners, are accountable to their respective Provincial Managers/Co-ordinators.

Functions and responsibilities

The aim of Border Police is to ensure the effective and efficient policing of South Africa’s international borders. Their vision is to establish and maintain an integrated, well-managed and sustainable border police infrastructure that can meet South Africa’s needs to control and police its international borders. The main purpose of the Border Police is to prevent and detect crossborder crime.

The primary function of the component is derived from section 205 of the Constitution (Act 108 of 1996) and the Police Act (1995). The Border Police therefore assumes responsibility for:

the prevention of crossborder crime (line functions);

the detection of crossborder crime;

enforcement of the law applicable to crossborder crime; and

intelligence and investigation (secondary support functions).

The support functions are primarily undertaken by the National Detective Service in terms of a co-operation agreement in support of the line functions of the Border Police.

Borderline control is the responsibility of the South African National Defence Force (SANDF) as set out in a bilateral agreement. However, it will remain the responsibility of the SAPS (Border Police) until the SANDF is in a position to perform this function in its entirety.

Ad hoc functions regarding immigration control and customs and excise are agency functions that are also rendered by the Border Police on behalf of the Department of Home Affairs (Immigration) and SARS (Customs and Excise).

The objectives of border policing include:

the execution of acceptable and effective approaches and methods to control and police South Africa’s international land, sea and air borders;



the control and policing of the illegal movement of contraband, narcotics, weapons and vehicles;



the control and policing of the illegal movement of persons;



the co-ordination of all related activities and the involvement of all roleplayers to ensure a multidimensional approach aimed both at internal issues and external borders; and



the development of capacity, personnel information and the technological resources required to meet operational objectives in an effective, efficient and sustained manner.

Within the ambit of the illegal (transnational) movement of people and goods, the aim of border policing is, among others, to:

detect corruption;



detect and identify fraudulent documentation;



detect the illegal trade in human beings, drugs, vehicles and firearms;



take action against any form of assistance given to illegal immigrants and



smugglers;



stop the illegal movement of criminal elements across borders:



detect illegal people and goods with the aim of eradicating source points within the country;



plan and launch joint operations in the Southern Africa subregion to curb the activities of criminal organisations;



complete and implement project plans of the NCPS to address vehicle crime, illegal firearms and organised crime; and



ensure that border crossings occur as uncomplicated and speedily as possible without compromising effective crime prevention.

To realise the objectives and aims of the Border Police, an organisational division was established. The Border Police consist of three subcomponents, responsible for land borders, sea borders and air borders.

At ground level, the land border unit is responsible for the following land border posts between South Africa and neighbouring countries:

6 — Namibia

17 — Botswana

1 — Zimbabwe

13 — Mozambique

11 — Swaziland

14 — Lesotho

At 14 of these land border posts, the complete border control function, including immigration and customs and excise, is performed by the Border Police. The Border Police also supports Customs and Excise control measures at 34 South African Customs Union (SACU) land border posts not designated for the movement of commercial goods, where there is no permanent Customs and Excise personnel. During Project Biya, 19 land borders were designated for the movement of commercial goods to ensure enhanced control.

There are 730 registered airports of which ten are designated international airports for immigration and Customs and Excise purposes, and seven are set up for border policing purposes. The ten designated international airports include Johannesburg (Gauteng), Durban (KwaZulu-Natal), Cape Town (Western Cape), Lanseria (Gauteng), Port Elizabeth (Eastern Cape), Pietersburg (Northern Province), Nelspruit (Mpumalanga), Bloemfontein (Free State), Upington (Northern Cape) and Mafikeng (North-West).

Seven South African seaports have international status, 92 are considered small harbours (safe havens) and eight are set up for border policing purposes.

The collective approach of the National Interdepartmental Structure for Border Control

The lack of co-operation and ineffective co-ordination between key roleplayers in border control necessitated the search for a common goal in pursuit of improved border control. Approval was therefore obtained from the Ministers’ Forum of the National Crime Prevention Strategy (NCPS), as well as from directors-general of the SAPS, the Department of Home Affairs and SARS to promote greater co-operation between the different roleplayers. The approach was ratified by cabinet in 1997, and implemented with the establishment of the National Interdepartmental Structure for Border Control (NIDS).

NIDS can be seen as an interdepartmental mechanism that draws together the efforts and endeavours of all roleplayers. Within this context, the key departments have retained their specific line functions. NIDS is responsible for the facilitation of co-ordination, as well as to define and validate improved mechanisms that would ensure effective border control. The Structure currently manages 15 projects aimed at improving border control.2

Initiatives to improve border control

The Border Police is committed to the priorities of the NCPS and the National Commissioner’s Strategic Priorities Plan to address the high incidence of crossborder crime that is currently experienced. Several initiatives have been instituted to address particular needs within the Border Police.

To rectify personnel shortages in the short term, the following actions were undertaken:

Critical personnel shortages were addressed at identified hot spots through a system of detached duties.



Multidisciplinary mobile response units were established to address the lack of capacity. The objective of these units is to improve the overall effectiveness of static and internal border control operations by means of flexible and mobile service delivery. The focus is on the detection and initial investigation of the illegal importation and exportation of goods. This initiative also supports the collective approach promoted in the NCPS.

Long-term initiatives to address personnel shortages, include the following:

A strategic personnel plan was compiled, which indicated that a total of approximately 2 000 police officers were necessary to provide efficient border policing. Due to the present national personnel shortages, this goal will not be achieved in the near future. However, the existing personnel shortages are addressed on a continual basis.



Several internal recruitment campaigns were launched with limited results due to the personnel shortages experienced countrywide.



The Border Police was identified as a key service provider in the Resource Utilisation Programme and an additional 132 Public Service Act personnel were employed.



Furthermore, two Mobile Response Units were established at national level to address identified problems countrywide on short notice and with rapid deployment. These units concentrate on the detection of the illegal movement of people and goods at all land and air ports of entry. The establishment of similar units is envisaged at provincial level.

Projects to address crossborder crime

Since the inception of the Border Police, several projects and/or operations were launched to address the illegal crossborder movement of people and goods. Various monthly operations are conducted in the respective provinces with significant success. International operations have included the following:

Operation Midas was jointly conducted during 1998 by Zimbabwe, Swaziland, Mozambique and South Africa. The focus of the operation was on the detection of drugs and stolen vehicles.



Operation Stone was conducted during 1998, with the participation of Namibia, Botswana, Zimbabwe and South Africa. The focus of the operation was on the detection of precious stones and gold.



Operation Umlambo was conducted during 1999, and Swaziland, Mozambique and South Africa participated. The focus of the operation was on the detection of stolen and hijacked vehicles.

A number of national operations were also successfully undertaken, including:

Operation Sentinel was conducted from 1996 to 1999. The focus of the operation was on the detection of contraband and counterfeit, as well as the illegal import of second-hand vehicles.



Operation Makhulu was conducted countrywide at all land ports of entry during 1999. The focus of the operation was on the detection of stolen and hijacked trucks and trailers.



Operations Alpha, Bravo, Delta and Echo were conducted at identified flashpoints at land ports of entry in Mpumalanga, KwaZulu-Natal, the Northern Cape and the Northern Province through the deployment of additional detached duty officers to assist permanent Border Police officers. This is an ongoing process and the Border Police is in the process of implementing an improved detach duty concept. Police officers will perform border duties for a six-month period under this initiative.



Operation Charlie was conducted in the Eastern Cape close to the Lesotho border during 1996. Informants were recruited from the community for duty at ten observation posts on the borderline. An excellent working relationship was established between the Border Police and the community, important information was gathered and significant successes were achieved. The focus of the operation was on stock theft and the detection of cannabis. This is an ongoing process.



Operation Brutus was initiated at all sea borders during 1999. The focus of the operation is on the detection of the illegal movement of people and goods. This is an ongoing process.



Operation Venus is conducted by means of a zero tolerance approach. All ports of entry are informed on short notice to perform monthly crime prevention operations for short predetermined periods.



Operation Neptune was initiated at sea borders in the Western Cape during 1999 and is the responsibility of Sea Border Units in the area. The focus of this ongoing operation is on the detection of the illegal smuggling of marine resources.



Operation Jacuzzi is an ongoing process undertaken by Air Border Units since 1997. The focus of the operation is on the control of the illegal movement of people and goods at all airports.



The Kosi Bay Stolen Vehicle Task Team was established to develop strategies to address transnational crime at the South Africa-Mozambique borders.

Research to date has demonstrated that, without the proper technological aids, the policing of ports of entry will not produce the successes necessary to stop crossborder crime. The following initiatives were therefore undertaken to enhance border policing:

Technological equipment for the tracing of stolen vehicles at ports of entry was procured on contract by the Vehicle Theft Unit, and was installed countrywide at identified border posts.



Two 14.7 metre vessels were obtained for use by Sea Border Units and taken into commission at Port Elizabeth and Saldanha harbours, respectively.



Eight mobile x-ray scanners were obtained and are utilised to search baggage. These units are deployed and redeployed according to specific needs.



An x-ray scanner capable of scanning containers to detect contraband was purchased by Portnet for use by the Border Police and Customs officials in the Durban harbour. A second scanner was also ordered.



Four fibre-optic scopes (tailgating equipment) were procured for the detection of contraband concealed in confined spaces.



The United Nations Office for Drug Control and Crime Prevention (UNODCCP) has made funds available for the procurement of itemisers, drug-testing kits and fibre-optic scopes for distribution to particular border posts between Swaziland and Mozambique.

Co-operation and communication

To enhance regional and international liaison and co-operation, the Border Police is represented on a variety of forums, committees and organisations, such as the District Liaison Committees (DLC) on the Lesotho border, the Southern African Regional Police Chiefs Co-ordinating Organisation (SARPCCO), as well as several bilateral and trilateral forums between South Africa and some of its neighbours.

The involvement of farmers and communities in a partnership policing approach along the country’s borders is an identified priority and receives regular attention. Ground level commanders actively participate in the activities of existing community police forums in an effort to involve border communities in policing on South Africa’s borders.

To enhance control over the import and export of firearms, conventional weapons and weapons of mass destruction, excellent co-operation has been established between the Central Firearms Register, the Directorate for Conventional Arms Control and the Border Police.

During the annual conference of the International Association for Air and Sea Ports (IAASP) in June 1999 in Saudi Arabia, the South African Commander of Air Borders was unanimously elected as a board member of the Association. The IAASP is an international association that ensures global liaison between all airport and seaport police institutions. His election has cemented the acceptance of South Africa as an international global partner in air and sea port security. An integrated global strategy to address crossborder crime and to ensure the safety and effective control of borders is the only approach that will be effective in the longer term. Involvement in the IAASP will ensure that Africa keeps abreast of developments in this field through exposure to internationally accepted best practices.

Information management

A Management Information Centre has been established at Border Police Head Office to ensure the development of an accurate database for statistical purposes and operational intelligence, as well as to assist and guide personnel. Intelligence networks are being developed to interface key information systems that could help to control the movement of people and goods. Access to information systems that deal with the movement of people and goods is available at all ports of entry countrywide to be utilised in the tracing of wanted persons. These include, among others, the Circulation Systems for vehicles, persons, firearms and stock, and the Movement Control System.

Training

The Border Police places the highest premium on training. The shortage of personnel dictates that everything possible should be done to improve the knowledge and skills of existing personnel. Training programmes are therefore presented on a continual basis in close co-operation with other roleplayers. The co-operation with external border control training agencies has resulted in the presentation of several international training courses by, for example, US Customs and US Immigration and Naturalization Services.

The UNODCCP has also initiated the establishment of a regional drug control capacity at the Durban harbour that conduct operations based on profiling and available intelligence with great success. It has also funded several border control training initiatives that involved SARPCCO member countries.

The Border Police has participated in the development of an interdepartmental introductory training course for all border control officials. This initiative has been supported by international experts.

Recommendations to improve border policing

The future of effective border policing lies in:

the recognition of departmental responsibilities and an integrated and co-ordinated approach as prescribed by the Constitution;



a co-ordinating structure/authority with muscle to co-ordinate the efforts of departments and agencies involved in border control; and



targeted collective information management and profiling.

The following challenges and realities remain to be addressed:

Resources: Insufficient capacity is a reality not only for the SAPS, but also for other departments involved in border control and is mainly related to the state of the country’s revenue resources. This sometimes results in very poor levels of service delivery.



Collective information, intelligence and profiling systems: The absence of these systems leaves operations with an insufficient information base. The lack of information is further compounded by the non-availability of interfaced and updated information systems.



Corruption: The absence of a common value system leads to corruption and maladministration, which pose a serious threat to effective border control.



Co-operation with SANDF: The SANDF supports the SAPS in borderline control (land, air and sea), but operates under severe financial and other restraints which restrict their operational capacity. Large parts of the South African borderline are thus in fact under no control.

The way forward

Inhibiting financial restraints, personnel shortages, lack of training, and other problems face the Border Police. However, these are factors that plague the total public service of most countries. They should be seen as part and parcel of the transformation process in South Africa and managed as such. The statistics showing arrests and seizures demonstrate that, although there are constraints that must be faced, the border police are still functioning to the best of their ability.

Notes

In 2000, the SAPS disbanded the Internal Tracing Units. There were 16 Internal Tracing Units situated at various strategic points throughout the country.



NIDS was created in 1997 to enhance co-ordination of the functioning of departments in order to improve border control. It was created as a programme under the now defunct National Crime Prevention Strategy (NCPS). It consisted of personnel from the three pillar state agencies involved in border control, the SAPS, SARS and the Department of Home Affairs, reporting to a director seconded by SARS. NIDS was disbanded by the Director-General Cluster for Justice, Crime Prevention and Security (JCPS) in February 2001. Since NIDS was created at ministerial level, the final decision to dissolve it still hangs in the balance, pending a final ministerial decision.