1

BRIEFING TO SELECT BRIEFING TO SELECT COMMITTEE FOR SECURITY AND COMMITTEE FOR SECURITY AND

CONSTITUTIONAL AFFAIRSCONSTITUTIONAL AFFAIRS

SOUTH AFRICAN POLICE SOUTH AFRICAN POLICE SERVICE AMENDMENT BILL SERVICE AMENDMENT BILL

[B 30B 2008] [B 30B 2008]

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BACKGROUNDBACKGROUND The Committee was, together with the Portfolio The Committee was, together with the Portfolio

Committees on Justice and Constitutional Committees on Justice and Constitutional Development and for Safety and Security, Development and for Safety and Security, involved in the public hearings on the Bill.involved in the public hearings on the Bill.

The Committee is familiar with the public The Committee is familiar with the public hearings and deliberations on the Bill.hearings and deliberations on the Bill.

Focus is therefore on the contents of the Bill as Focus is therefore on the contents of the Bill as approved by the National Assembly.approved by the National Assembly.

Some provisions of the Bill as it was introduced Some provisions of the Bill as it was introduced have been transferred to the National have been transferred to the National Prosecuting Authority Amendment Bill, 2008, Prosecuting Authority Amendment Bill, 2008, which will be dealt with by the Department of which will be dealt with by the Department of Justice.Justice.

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CLAUSE 1CLAUSE 1Amendment of s. 5 of the South African Police Service Act, Amendment of s. 5 of the South African Police Service Act,

199519955. Establishment and composition of Service5. Establishment and composition of Service

(1) The South African Police Service contemplated in section 214 (1) The South African Police Service contemplated in section 214 (1) of the Constitution is hereby established. (1) of the Constitution is hereby established. (2) The Service shall consist of- (2) The Service shall consist of- (a)(a) all persons who immediately before the commencement of all persons who immediately before the commencement of

this Act were members- this Act were members- (i)(i) of a force which, by virtue of section 236 (7) of a force which, by virtue of section 236 (7) (a)(a) of of

the the Constitution, is deemed to constitute part of the Constitution, is deemed to constitute part of the Service;Service;

(ii)(ii) appointed under the Rationalisation Proclamation;appointed under the Rationalisation Proclamation;(iii)(iii) of the Reserve by virtue of section 12 (2) of the Reserve by virtue of section 12 (2) (k)(k) of the of the

Rationalisation Proclamation;Rationalisation Proclamation;(b)(b) members appointed in terms of section 28 (2) of this Act; members appointed in terms of section 28 (2) of this Act; [and][and](c)(c) persons who become members of the Reserve under persons who become members of the Reserve under section section 48 (2) 48 (2) of this Act; of this Act; andand (d)(d) members appointed to the Directorate for Priority Crime members appointed to the Directorate for Priority Crime Investigation Investigation established by section 17C.established by section 17C.

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CLAUSE 2CLAUSE 2Amendment of s. 16 of the South African Police Amendment of s. 16 of the South African Police

Service Act, 1995Service Act, 1995 Section 16 of the Act provides for organised Section 16 of the Act provides for organised

crime, crime which requires national prevention crime, crime which requires national prevention or investigation, or crime which requires or investigation, or crime which requires specialised skills in the prevention and specialised skills in the prevention and investigation thereof. investigation thereof.

It represents basically the mandate and type of It represents basically the mandate and type of cases from which the Directorate for Priority cases from which the Directorate for Priority Crime Investigation will select its investigations Crime Investigation will select its investigations or from which cases will be referred to it.or from which cases will be referred to it.

Section 16 is aligned to the provisions in the Section 16 is aligned to the provisions in the National Prosecuting Authority Act, 1998, National Prosecuting Authority Act, 1998, relating to organised crime, which provisions relating to organised crime, which provisions are repealed.are repealed.

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CLAUSE 2CLAUSE 2Amendment of s. 16 of the South African Police Amendment of s. 16 of the South African Police

Service Act, 1995Service Act, 1995 Section 16(1) of the South African Section 16(1) of the South African

Police Service Act provides:Police Service Act provides:

(1) Circumstances amounting to criminal (1) Circumstances amounting to criminal conduct or an endeavour thereto, as set conduct or an endeavour thereto, as set out in subsection (2), shall be regarded as out in subsection (2), shall be regarded as organised crime, crime which requires organised crime, crime which requires national prevention or investigation, or national prevention or investigation, or crime which requires specialised skills in crime which requires specialised skills in the prevention and investigation thereof. the prevention and investigation thereof.

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CLAUSE 2CLAUSE 2

Amendment of s. 16 of the SA Police Service Act, 1995Amendment of s. 16 of the SA Police Service Act, 1995

Amendment of subsection (2) of section 16:Amendment of subsection (2) of section 16: (2) Circumstances contemplated in subsection (1) (2) Circumstances contemplated in subsection (1)

comprise criminal conduct or endeavour thereto- comprise criminal conduct or endeavour thereto- (a)(a) [by any enterprise or group of persons [by any enterprise or group of persons

who have a common goal in committing who have a common goal in committing crimes in an organised manner]crimes in an organised manner]

by a person, group of persons or syndicate acting by a person, group of persons or syndicate acting in-in-

(i) an organised fashion;(i) an organised fashion; (ii) a manner which could result in substantial (ii) a manner which could result in substantial

financial gain for the person, group or financial gain for the person, group or syndicate involved.syndicate involved.

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CLAUSE 2 Section 16.CLAUSE 2 Section 16.

The following subsection is inserted to The following subsection is inserted to describe “organised fashion”, referred to describe “organised fashion”, referred to above:above:

‘‘‘‘(2A) For the purpose of subparagraph (a)(i), (2A) For the purpose of subparagraph (a)(i), ‘organised fashion’ includes the planned, ‘organised fashion’ includes the planned, ongoing, continuous or repeated participation, ongoing, continuous or repeated participation, involvement or engagement in at least two involvement or engagement in at least two incidents of criminal or unlawful conduct that incidents of criminal or unlawful conduct that has the same or similar intents, results, has the same or similar intents, results, accomplices, victims or methods of accomplices, victims or methods of commission, or otherwise are related by commission, or otherwise are related by distinguishing characteristics.’’distinguishing characteristics.’’

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CLAUSE 2CLAUSE 2

A schedule of offences which are A schedule of offences which are added to the offences mentioned in added to the offences mentioned in section 16(2) of the SA Police Service section 16(2) of the SA Police Service Act, 1995, is inserted in section Act, 1995, is inserted in section 16(2), as paragraph 16(2)(16(2), as paragraph 16(2)(iiA).A).

Schedule on following slideSchedule on following slide

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Clauses 2; 5: Schedule of offencesClauses 2; 5: Schedule of offences (Section 16(2)(Section 16(2)(iA)(iA)))

1 1 High treason;High treason; 2 2 any offence in paragraph any offence in paragraph (a) (a) of the definition of ‘specified offence’ of the definition of ‘specified offence’

of of the Protection of Constitutional Democracy against Terrorist and the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004; Related Activities Act, 2004;

3 3 sedition;sedition; 4 4 any offence in Schedule 1 to the Implementation of the Rome any offence in Schedule 1 to the Implementation of the Rome

Statute of the International Criminal Court Act, 2002; Statute of the International Criminal Court Act, 2002; 5 5 any offence in Chapters 2, 3 and 4 of the Prevention of any offence in Chapters 2, 3 and 4 of the Prevention of Organised Organised

Crime Act, 1998; Crime Act, 1998; 66 any offence in section 13 any offence in section 13(f) (f) of the Drugs and Drug of the Drugs and Drug Trafficking Trafficking

Act, 1992;Act, 1992; 7 7 any offence in the Non-Proliferation of Weapons of Mass any offence in the Non-Proliferation of Weapons of Mass

Destruction Act, 1993; Destruction Act, 1993; 8 8 any offence relating to the dealing in or smuggling of ammunition, any offence relating to the dealing in or smuggling of ammunition,

firearms, explosives or armament and the unlawful possession of firearms, explosives or armament and the unlawful possession of such firearms, such firearms, explosives or explosives or armament; armament;

99 any offence in Chapter 2 and section 34 of the Prevention and any offence in Chapter 2 and section 34 of the Prevention and Combating of Corrupt Activities Act, 2004;Combating of Corrupt Activities Act, 2004;

10 10 any offence in the Regulation of Foreign Military Assistance Act, any offence in the Regulation of Foreign Military Assistance Act, 1998 or the Prohibition of Mercenary 1998 or the Prohibition of Mercenary Activities and Activities and the the

Regulation of Certain Activities in Country of Armed Conflict Act, Regulation of Certain Activities in Country of Armed Conflict Act, 2006;2006;

11 11 any offence referred to in the National Conventional Arms Control any offence referred to in the National Conventional Arms Control Act, 2002;Act, 2002;

1212 any offence the punishment wherefor may be imprisonment for any offence the punishment wherefor may be imprisonment for life.life.

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CLAUSE 3CLAUSE 3Inserts Inserts Chapter 6AChapter 6A in South African Police Service Act in South African Police Service Act

Proposed section 16AProposed section 16A, provides for , provides for definitions of “Directorate, “national definitions of “Directorate, “national priority offence”, and Operational priority offence”, and Operational Committee”.Committee”.

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CLAUSE 3 Proposed Section 16BCLAUSE 3 Proposed Section 16B Proposed section 16BProposed section 16B provides for the- provides for the- ApplicationApplication of the Chapter referring to the need to of the Chapter referring to the need to

establish a Directorate to prevent, investigate and establish a Directorate to prevent, investigate and combat national priority offences. combat national priority offences.

The underlying principles to ensure that the The underlying principles to ensure that the Directorate- Directorate-

implementsimplements a a multi-disciplinary approachmulti-disciplinary approach, and , and integrated methodologyintegrated methodology involving involving cooperation cooperation of of relevant Govt .depts and institutions, relevant Govt .depts and institutions,

has the necessary has the necessary independenceindependence to perform its to perform its functions;functions;

is is equippedequipped with with appropriate human and appropriate human and financial resourcesfinancial resources to perform its functions; to perform its functions;

is is staffedstaffed through the through the transfertransfer, , appointmentappointment and and secondmentsecondment, with , with personnelpersonnel whose whose integrityintegrity is is beyond reproach.beyond reproach.

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CLAUSE 3CLAUSE 3Inserts Inserts Chapter 6AChapter 6A in South African Police Service Act in South African Police Service Act

““Directorate” means the Directorate for Priority Directorate” means the Directorate for Priority Crime Investigation (DPCI).Crime Investigation (DPCI).

““National priority offence” means organised National priority offence” means organised crime, crime that requires national prevention crime, crime that requires national prevention or investigation, or crime which requires or investigation, or crime which requires specialised skills, in the prevention and specialised skills, in the prevention and investigation thereof, as referred to in section investigation thereof, as referred to in section 16(1).16(1).

““Operational Committee” means the Committee Operational Committee” means the Committee (of senior officials) established by section 17J.(of senior officials) established by section 17J.

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CLAUSE 3CLAUSE 3PROPOSED section 17CPROPOSED section 17C

The Directorate is established as a Division of The Directorate is established as a Division of the Service, comprising-the Service, comprising-

The Head- A Deputy National Commissioner The Head- A Deputy National Commissioner appointed by the Minister in concurrence with appointed by the Minister in concurrence with Cabinet.Cabinet.

Persons appointed by the National Persons appointed by the National Commissioner on recommendation of the Head Commissioner on recommendation of the Head on the basis of, amongst others, experience, on the basis of, amongst others, experience, training, skills, competence or knowledge;training, skills, competence or knowledge;

An adequate number of legal officers, persons An adequate number of legal officers, persons seconded from other Government dept’s or seconded from other Government dept’s or institutions.institutions.

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CLAUSE 3: Proposed section 17D.CLAUSE 3: Proposed section 17D.

DPCI’s DPCI’s Functions Functions to to preventprevent, , combatcombat and and investigateinvestigate——

national priority offences, national priority offences, selectedselected by the by the Head of Head of the Directoratethe Directorate, subject to policy guidelines issued , subject to policy guidelines issued by Ministerial Committee; by Ministerial Committee;

offences or category of offences offences or category of offences referredreferred to it by to it by National CommissionerNational Commissioner, subject to policy guidelines , subject to policy guidelines by the Ministerial Committee.by the Ministerial Committee.

(2) (2) extensionextension of existing investigation by the of existing investigation by the HeadHead in in the interests of justice, or in public interest, to include the interests of justice, or in public interest, to include offence suspected to be offence suspected to be connected connected with the subject with the subject of the investigation.of the investigation.

(3) Head of the Directorate may request NDPP to (3) Head of the Directorate may request NDPP to designate a Director of Public Prosecutions to conduct designate a Director of Public Prosecutions to conduct an investigation in terms of section 28 of the National an investigation in terms of section 28 of the National Prosecuting Authority Act, 1998Prosecuting Authority Act, 1998..

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CLAUSE 3: Proposed section 17E CLAUSE 3: Proposed section 17E Security Security screening and integrity measuresscreening and integrity measures

Any person appointed to Directorate subject to security screening Any person appointed to Directorate subject to security screening in terms of National Strategic Intelligence Act.in terms of National Strategic Intelligence Act.

Appointment in Directorate subject to security clearance.Appointment in Directorate subject to security clearance. Existing valid and required level security clearances recognised.Existing valid and required level security clearances recognised. Temporary security clearances allowed for, but appointments Temporary security clearances allowed for, but appointments

subject to issuing of clearance.subject to issuing of clearance. If security clearance is downgraded, withdrawn or refused, If security clearance is downgraded, withdrawn or refused,

person may be transferred or discharged if redeployment person may be transferred or discharged if redeployment impossible.impossible.

Person may be subjected to re-vetting- periodically or if Person may be subjected to re-vetting- periodically or if information of security risk exists.information of security risk exists.

Financial interests of member and immediate family members Financial interests of member and immediate family members must be disclosed periodically.must be disclosed periodically.

Minister may prescribe further random integrity testing including Minister may prescribe further random integrity testing including entrapment, or polygraph testing and tests for drugs and alcohol entrapment, or polygraph testing and tests for drugs and alcohol abuse.abuse.

Measures must be prescribed for the confidentiality of Measures must be prescribed for the confidentiality of information obtained.information obtained.

Provision is made to obtain necessary bodily samples by a Provision is made to obtain necessary bodily samples by a registered medical practitioner or nurse.registered medical practitioner or nurse.

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CLAUSE 3: Proposed section 17FCLAUSE 3: Proposed section 17FMulti-disciplinary approachMulti-disciplinary approach

Govt. dept’s and institutionsGovt. dept’s and institutions to take reasonable steps to to take reasonable steps to assist assist DPCIDPCI in achieving its objectives. in achieving its objectives.

National CommissionerNational Commissioner shall shall request secondmentrequest secondment of of personnel when required.personnel when required.

Directorate to be assisted by seconded personnelDirectorate to be assisted by seconded personnel inter aliainter alia from the FIC, Home Affairs, SARS.from the FIC, Home Affairs, SARS.

NDPPNDPP to ensure that a to ensure that a dedicated component of prosecutorsdedicated component of prosecutors are available to assist and cooperate with investigators of DPCI.are available to assist and cooperate with investigators of DPCI.

DG of relevant Dept on request shall identify personnel to be DG of relevant Dept on request shall identify personnel to be seconded.seconded.

DPCI to be assisted in DPCI to be assisted in crime intelligencecrime intelligence functions by functions by Crime Crime Intelligence Division of SAPSIntelligence Division of SAPS..

Nat. Comm. may request that Nat. Comm. may request that seconded personnelseconded personnel may may retain retain their powerstheir powers of seconding Department. of seconding Department.

Powers to be executed under control of Head of DPCI in terms of Powers to be executed under control of Head of DPCI in terms of legislation from seconding department or institution, but subject to legislation from seconding department or institution, but subject to conditions determined by Head of seconding department or conditions determined by Head of seconding department or institution.institution.

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CLAUSE 3: Proposed section 17GCLAUSE 3: Proposed section 17GConditions of serviceConditions of service

The remuneration , allowances and The remuneration , allowances and other conditions of service of other conditions of service of members of the Directorate shall be members of the Directorate shall be regulated in terms of section 24 of regulated in terms of section 24 of the SAPS Act, 1995.the SAPS Act, 1995.

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CLAUSE 3: Proposed section 17CLAUSE 3: Proposed section 17IICo-ordination by CabinetCo-ordination by Cabinet

President shall designate a Ministerial President shall designate a Ministerial Committee which shall include the Ministers-Committee which shall include the Ministers-

For Safety and Security;For Safety and Security; Finance; Home Affairs; Justice; Intelligence;Finance; Home Affairs; Justice; Intelligence; Committee to determine policy guidelines for Committee to determine policy guidelines for

functioning of Directorate, case selection by functioning of Directorate, case selection by Head, referral of cases by Nat. Comm and Head, referral of cases by Nat. Comm and procedures for interdepartmental cooperation procedures for interdepartmental cooperation and assistance.and assistance.

The Committee shall meet as regularly as The Committee shall meet as regularly as necessary.necessary.

Nat. Comm and Head of DPCI to provide Nat. Comm and Head of DPCI to provide implementation and performance reports to implementation and performance reports to Ministerial Committee.Ministerial Committee.

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CLAUSE 3: Proposed section 17JCLAUSE 3: Proposed section 17J Operational Committee established to review, monitor Operational Committee established to review, monitor

and facilitate support and assistance of Govt. dept’s and facilitate support and assistance of Govt. dept’s and institutions and secondments from them to DPCI and institutions and secondments from them to DPCI and address problems arising.and address problems arising.

Performs functions directed to it by Ministerial Performs functions directed to it by Ministerial Committee.Committee.

Reports to the Ministerial Committee.Reports to the Ministerial Committee. Meets as regularly as required.Meets as regularly as required. Consists of Nat. Comm., Head of Directorate, NDPP, Consists of Nat. Comm., Head of Directorate, NDPP,

DG’s of Finance, Justice &CD, Home Affairs, NIA, Head DG’s of Finance, Justice &CD, Home Affairs, NIA, Head of FIC, Commissioner of SARS, other persons of FIC, Commissioner of SARS, other persons requested on ad hoc and temporary basis.requested on ad hoc and temporary basis.

Role-players may be represented on permanent basis Role-players may be represented on permanent basis by officers on Chief Director’s level.by officers on Chief Director’s level.

Nat. Comm. as Chair, Head of DPCI deputy chair.Nat. Comm. as Chair, Head of DPCI deputy chair. Both the DG’s and representatives may attend Both the DG’s and representatives may attend

meetings.meetings.

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CLAUSE 3: Proposed section 17KCLAUSE 3: Proposed section 17K Parliamentary oversight involves:Parliamentary oversight involves: Parliament to effectively oversee functioning of Parliament to effectively oversee functioning of

DPCI and Committees.DPCI and Committees. Nat. Comm. to report in his annual report on Nat. Comm. to report in his annual report on

DPCI.DPCI. Head of Directorate to report on request of Head of Directorate to report on request of

Parliament.Parliament. Minister to submit for approval policy guidelines Minister to submit for approval policy guidelines

of Ministerial Committee, on selection and of Ministerial Committee, on selection and referral of cases (deemed to be approved, if referral of cases (deemed to be approved, if Parliament does not approve in months).Parliament does not approve in months).

Minister to submit report in 3 yrs to Parliament Minister to submit report in 3 yrs to Parliament on legislative amendments to improve on legislative amendments to improve functioning of DPCIfunctioning of DPCI

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CLAUSE 3: Proposed section 17LCLAUSE 3: Proposed section 17LComplaints mechanismComplaints mechanism Retired judge appointed by Minister to investigate complaints from Retired judge appointed by Minister to investigate complaints from

public on evidence provided of serious and unlawful infringement public on evidence provided of serious and unlawful infringement of rights, and of rights, and

complaints from member on evidence of improper influence or complaints from member on evidence of improper influence or interference regarding the conduct of an investigation.interference regarding the conduct of an investigation.

Judge’s powers in addition to that of ICD which must investigate Judge’s powers in addition to that of ICD which must investigate general complaints of misconduct or offences by Members.general complaints of misconduct or offences by Members.

Judge may investigate or refer complaints to Secretariat, ICD, Nat. Judge may investigate or refer complaints to Secretariat, ICD, Nat. Comm., Prov. Comm., Head of DPCI, NDPP, Insp. Gen. Intelligence, Comm., Prov. Comm., Head of DPCI, NDPP, Insp. Gen. Intelligence, or Chapter 9 Constitution institution.or Chapter 9 Constitution institution.

Judge has powers to request information from police, NDPP, to Judge has powers to request information from police, NDPP, to enter and search for information with SAPS, and entitled to enter and search for information with SAPS, and entitled to assistance from SAPS.assistance from SAPS.

Head of DPCI may request retired judge to investigate allegations Head of DPCI may request retired judge to investigate allegations against investigations of DPCI.against investigations of DPCI.

Section not to be abused for fishing expedition or to delay or stop Section not to be abused for fishing expedition or to delay or stop any investigation.any investigation.

Minister must ensure that retired judge has sufficient resources Minister must ensure that retired judge has sufficient resources and personnel to perform functions.and personnel to perform functions.

Retired judge to report outcomes of investigations to Minister.Retired judge to report outcomes of investigations to Minister. Retired judge not competent to investigate intelligence matters.Retired judge not competent to investigate intelligence matters.

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CLAUSE 4: Amendment of section CLAUSE 4: Amendment of section 24 of the SA Police Service Act,199524 of the SA Police Service Act,1995

Expand the empowering provision for Minister to Expand the empowering provision for Minister to make Regulations under the Act to provide for-make Regulations under the Act to provide for- the manner and intervals for disclosure of the manner and intervals for disclosure of

financial and other interests of members and financial and other interests of members and immediate family members [s.17E(7)(a)].immediate family members [s.17E(7)(a)].

The measures for integrity testing of members The measures for integrity testing of members of the DPCI [s. 17E(8)(a).of the DPCI [s. 17E(8)(a).

Measures to ensure the confidentiality of Measures to ensure the confidentiality of information obtained through integrity testing information obtained through integrity testing [s. 17E(8)(c)].[s. 17E(8)(c)].

The form and manner of complaints to the The form and manner of complaints to the retired judge [s. 17L(4)]retired judge [s. 17L(4)]

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CLAUSE 6: Transitional arrangementsCLAUSE 6: Transitional arrangements Provides for a “fixed date” to be determined by Provides for a “fixed date” to be determined by

President.President. From fixed date all powers and functions performed by From fixed date all powers and functions performed by

DSO shall be performed by the DPCI.DSO shall be performed by the DPCI. Investigations of the DSO shall be conducted as if this Investigations of the DSO shall be conducted as if this

Act had been in force at all times.Act had been in force at all times. Allocated budget, assets and liabilities as agreed upon Allocated budget, assets and liabilities as agreed upon

between the Nat. Comm. and NDPP be transferred to between the Nat. Comm. and NDPP be transferred to SAPS in accordance with s. 42 of PFMA Act.SAPS in accordance with s. 42 of PFMA Act.

Registrar of deeds must transfer any property of DSO to Registrar of deeds must transfer any property of DSO to SAPS.SAPS.

Deeming clause for continuity of employer in respect of Deeming clause for continuity of employer in respect of the Income Tax Act.the Income Tax Act.

Remuneration of transferred DSO members where more Remuneration of transferred DSO members where more favourable than those determined in terms of section favourable than those determined in terms of section 24 remains so whilst more favourable.24 remains so whilst more favourable.

Act does not affect the validity of any investigation or Act does not affect the validity of any investigation or prosecution conducted, pending, or under investigation prosecution conducted, pending, or under investigation by the DSO before the fixed date. by the DSO before the fixed date.

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CLAUSE 7: Selection of personnelCLAUSE 7: Selection of personnel

Nat. Comm. must appoint a selection panel which Nat. Comm. must appoint a selection panel which includes representative of the NDPP to select for includes representative of the NDPP to select for appointment in the DPCI:appointment in the DPCI:

Former special investigators of the DSO.Former special investigators of the DSO. Members of SAPS from the Organised Crime and Members of SAPS from the Organised Crime and

Commercial Crime Components.Commercial Crime Components. Any other member of the Service.Any other member of the Service. Administrative and support personnel employed at the Administrative and support personnel employed at the

fixed date at the DSO and SAPS.fixed date at the DSO and SAPS. Head of DPCI shall advise the Nat. Comm. on selection Head of DPCI shall advise the Nat. Comm. on selection

criteria.criteria. Criteria shall include experience, training, skills, Criteria shall include experience, training, skills,

competence and knowledge.competence and knowledge. Selection subject to SA Police Service Act and Public Selection subject to SA Police Service Act and Public

Service Act, whatever is applicable.Service Act, whatever is applicable.

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CLAUSE 8: JOINT AUDIT AND CLAUSE 8: JOINT AUDIT AND IMPLEMENTATION TEAMSIMPLEMENTATION TEAMS

The NDPP and Nat. Comm. Must nominate The NDPP and Nat. Comm. Must nominate senior officials of the DSO and SA Police senior officials of the DSO and SA Police Service to perform joint audit teams in Service to perform joint audit teams in respect of personnel, budget, finances, respect of personnel, budget, finances, information management and equipment information management and equipment of the DSO.of the DSO.

The officials involved shall facilitate the The officials involved shall facilitate the implementation of the Act as soon as implementation of the Act as soon as possible.possible.

The Nat. Comm. and the NDPP must report The Nat. Comm. and the NDPP must report to Parliament on quarterly basis on to Parliament on quarterly basis on progress made with the implementation of progress made with the implementation of the Act.the Act.

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CLAUSE 9CLAUSE 9

Short title and commencement.Short title and commencement. Act shall be called the South African Act shall be called the South African

Police Service Amendment Act, 2008 Police Service Amendment Act, 2008 and shall come into operation on a and shall come into operation on a date determined by the President by date determined by the President by Proclamation in the Gazette.Proclamation in the Gazette.

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OBJECT MEMORANDUMOBJECT MEMORANDUM See paragraph 4: Financial implications:See paragraph 4: Financial implications: The prevention and investigation of organised and The prevention and investigation of organised and

priority crime are not new services, and are priority crime are not new services, and are presently being performed by SAPS and the DSO presently being performed by SAPS and the DSO with existing allocated budgets.with existing allocated budgets.

Concomitant resources such as personnel, budget, Concomitant resources such as personnel, budget, assets and liabilities are transferred to the SAPS assets and liabilities are transferred to the SAPS from the fixed date.from the fixed date.

There will be financial implications arising from the There will be financial implications arising from the relocation of resources and the allocation of relocation of resources and the allocation of additional resources to the Directorate for Priority additional resources to the Directorate for Priority Crime Investigation. These will, however, be Crime Investigation. These will, however, be accommodated within the department’s allocated accommodated within the department’s allocated budget without any negative effect on service budget without any negative effect on service delivery.delivery.

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Thank youThank you

Assistant Commissioner PC Jacobs:Assistant Commissioner PC Jacobs: Head: Legal Support: Crime Head: Legal Support: Crime

OperationsOperations