civilian secretariat for police

CIVILIAN SECRETARIAT FOR POLICE 1CIVILIAN SECRETARIAT FOR POLICE

THE IMPLEMENTATION PLAN

CIVILIAN SECRETARIAT FOR POLICE SERVICE BILL [B 16 of 2010]

PRESENTATION TO THE PORTFOLIO COMMITTEE ON POLICE

Cape Town

CIVILIAN SECRETARIAT FOR POLICE 2

INTRODUCTION

The Civilian Secretariat for Police Service Bill [B 16 of 2010] responds to the constitutional imperative of section 208 of the Constitution that requires the establishment of a civilian secretariat for the police by national legislation to function under the direction of the Cabinet member responsible for policing.

The Bill seeks – To provide for the establishment of a Civilian Secretariat for the Police

Service To define the objects and functions of the Secretariat, which include -

Giving strategic advice to the Minister of Police on policy Exercising civilian oversight over the South African Police Service Monitoring and evaluating the South African Police Service Implementing a partnership strategy to mobilize role-players to strengthen

service delivery by the police Providing the Minister with support with regard to legislative and

relevant international obligations


Aligning the operations of the Secretariat in the national and provincial spheres of government and re-organise the Secretariat in to an effective organ of State

To regulate the appointment, duties and functions, powers and removal from office of the Secretary for Police and the heads of provincial secretariats

To provide for the establishment, composition and functions of a Senior management forum and the Ministerial Executive Committee

To provide for co-operation with the Independent Police Investigative Directorate

To provide for the intervention into the affairs of provincial secretariats by the Secretariat on the instruction of the Minister

To repeal the existing provisions relating to Ministerial Services contained in Chapter 2 of the South African Police Service Act, 1995; and

To provide for transitional arrangements and other matters.

INTRODUCTION (Cont)


INTRODUCTION (Cont)

CONSULTATION PROCESSES RELATING TO THE BILL

• The heads of Provincial Departments responsible for safety and security were consulted.

• Workshops were held with civil society organizations dealing with policing issues, including academics, police trade unions and office bearers of Community Police Fora and the Independent Complaints Directorate.

• Presentations and discussions were held at Police MinMec level.• The Department of Public Service and Administration (DPSA) and Treasury were

consulted.• DPSA has been consulted on the Secretariat work-study. • Further discussions with Treasury be held after DPSAhas finalized its work-

study.


PROCESSES TO IMPLEMENT THE BILL

• Two workshops were held with Provincial Heads to discuss provincial alignment.

• A Working Group chaired by the Department of Public Service and Administration has been established to advise on the Secretariat’s organisational structure flowing from the provisions of the Bill.

• The Department of Public Service and Administration is currently finalising its work-study on the Secretariat.

• Preliminary discussions with Treasury was held and further detailed discussions with Treasury will follow after DPSA has finalised its work-study.

• Annual Performance Plans of the Secretariat aligned to Bill were developed and budgeted for in the 2010/2011 financial year as part of its operations.

• Additional budget for the implementation will be catered for in the 2011/2012 and 2012 / 2013 budgets.

• Transfer of functions from SAPS to Civilian Secretariat will include transfer of budget.

• Shared services agreements to be finalised and signed.


IMPLEMENTATION PLAN

CLAUSENUMBER (S)

SUMMARY OF CLAUSEIMPLEMENTATION

STEPS

TIME FRAME BUDGET STATUS

Clauses 4,16 & 22

c4. The establishment of a Civilian Secretariat for the police service in the

Republic

c16. Provincial Secretariat functions and alignment of provincial plans and operations and integration of strategies and systems with that of Secretariat

c22. Co-operative framework between Secretary of

Police and heads of provincial departments

Engage with DPSA on the re-organisation of the Secretariat

Establish a Joint Working Committee comprising DPSA and the Secretariat

Engage with Treasury on budget program structure

Re-align structures to implement Secretariat mandate

Develop internal IT system and develop MOU for shared services with SAPS.

• Secretariat re-organisation to be finalised

by 1 February 2011

• Working Committee established in July 2010

• Consultation with Treasury from. 15 October 2010• Meet with provincial heads on Secretariat

re-organisation from September 2010.to March 2011.

• Shared services MOU with SAPS by 31 March2011.. New IT system in place

during 2011/12 financial year

- Cost implications will be determined after DPSA and

Work-streams have finalised its process

and after consultation with Treasury.

- IT database already budgeted for in 2010/2011.

R 3 million• IT maintenance will

be part of the operational budget for the 2011/2012 financial year based on shared services agreement.

Joint Working Committee already established and ongoing meetings being held

Engagements with provincial heads on implementation of Act

Secretariat APPs distributed to provincial heads for discussion and alignment

Alignment of provincial APPs 2011/2012 to core sector objectives and indicators underway.

Monitoring & Evaluation Tool being aligned with provinces

IT database: SITA & ISM engaged


IMPLEMENTATION PLAN (contd.)

CLAUSENUMBER (S)

SUMMARY OF CLAUSEIMPLEMENTATION

STEPS


Clauses 4,16 & 22 (contd.)

c4. The establishment of a Civilian Secretariat for the police service in the

Republic

c16. Provincial Secretariat functions and alignment of provincial plans and operations and integration of strategies and systems with that of Secretariat

c22 Co-operative framework between Secretary of

Police and heads of provincial departments

Establishment of Working Teams:

- Develop Terms of Reference, appoint Task Team to oversee process

• Establish following Work Streams:

i. Organisational Development (OD): to

initiate organisational review, conduct feasibility study and analyse functional content of mandates

ii. Legal: to obtain President’s assent and amend schedules to Public Service Act

iii. HR: to support organisational review & create new structure.

iv. Finance & IT: identify funds, assets, IT systems,etc associated with transfer of functions

• Transfer of identified functions from SAPS and ICD & develop MOU.

• Work-stream activities and reports up to 1 December 2010

• 1 December 2010 to 1 July 2011

- Final cost implications

will be determined after DPSA and

Workstreams have finalised its process

and after consultation with Treasury.

Staffing costs estimated to increase by R12 million in 2011/2012 FY

Infrastructure costs to be staggered and budgeted over 4 years based on shared services agreements linked to MTEF.

Joint Working Committee already established and ongoing meetings being held

Establishment of Work streams in progress.

Secretariat APPs distributed to provincial heads for discussion and alignment

Monitoring & Evaluation Tool being aligned with provinces

IT database: SITA & ISM engaged


CLAUSENUMBER (S)

SUMMARY OF CLAUSE

IMPLEMENTATION STEPS


Clauses 5, 6 & 8

c5. Objects of Secretariat

c6. Functions of the Secretariat

c8. Duties and functions of the Secretariat

Establish dedicated core units in Secretariat and ensure provincial alignment

Appoint Secretariat personnel

Develop Strategic Plans & Annual Performance Plans

Performance agreements signed by and all staff

Prepare capacity and systems for monitoring and evaluating compliance with the Domestic Violence Act and engage with ICD / IPID on handover

-Core Units set up by 31 March 2011

- Additional personnel appointed in 2011/2012 Financial Year

- 5 year Strat Plan & APP 2011/12 by September and revise by November 2010

- Within 3 months of appointment

- Meet ICD / IPID by November 2010 on handover, subject to MOU.

-Operational Budget for 2010/2011 financial year: R8,066 million- Additional personnel budget: See budget in slide

7

- Budget:to be informed by Strat plan exercise.R 70 320

- Training & Preparation R 30 000

- 2011/12 Estimate R715 000

Policy & Research unit, Monitoring & Evaluation Unit and Partnership Unit already set up.

3 Chief Directors appointed to head respective core Units

Legislation Unit to be established after DPSA work-study finalised by end 2010/2011 FY. In interim, all legislation is being dealt with through the Secretary of Police

Optimal capacity of Units will be addressed after finalisation of DPSA work-study.

Annual Performance Plans finalised and already presented to Parliament

Civil Society Reference Groups already established and meetings being held.

Resource Centre established and functional.

IMPLEMENTATION PLAN (Contd.)


CLAUSENUMBER (S)

SUMMARY OF CLAUSE

IMPLEMENTATION

STEPSTIME FRAME BUDGET STATUS

Clause 7 Appointment of the Secretary

Minister appoints Secretary of Police

Secretary to sign performance agreement with Minister

- Final appointment made by 30 June 2010- Performance agreement to be signed by 30 September2010

- Remuneration already included in personnel budget.

- Appointment of Secretary of Police already finalised by Minister in accordance with Public Service Act after consultation with Cabinet

Clause 10 Delegations and assignment of functions

Prepare delegations - Delegations to be finalised by 31 November 2010.

No cost implications - Work in progress

Clauses 13 & 14 Reporting Prepare reporting structure and template for quarterly reports to Minister

Compile reporting format and do costing of annual report to Minister for tabling in Parliament

Update and maintain website

-Quarterly reports to Minister and parliamentary Committees by end of each quarter- Annual report after end of financial year

- Website updated by end November 2010

- Estimated cost of Annual Report – R 215 000- Attending Parliamentary Committee already budgeted for with our operations.

- Cost of website upgrade covered by ISM in SAPS.

- Reports already being submitted to Minister by Secretary of Police. - Updating of Secretariat Website in progress and meetings held with service providers.



CLAUSENUMBER (S)

SUMMARY OF CLAUSE



Clause 15 Constitution of Provincial Secretariats

Brief Provinces on MECs obligation to constitute a provincial secretariat (MinMec & HOD’s Forum).

Align provincial secretariats to Civilian Secretariat for Police

Liaise HOD and MEC on date that provincial secretariat comes into operation

Present changes to Budget Program structure to MECs

Issue guidelines on provincial program structures

All draft MTEF budget to be in line with guidelines.

• September 2010

• Provincial Secretariats to be constituted after Act.

is passed and put into operation.within 18 months of enactment .(Transitional arrangements apply to provincial secretariats already established.)

Budget will beaddressed through provincial budgeting processes.

Budget for Provincial engagements already part of operational budget.

-Two Workshops

already held with provincial heads and further meetings scheduled.

Clauses 17 & 18 c17. Appointment of heads of provincial secretariatsc18. Duties & functions of provincial secretariats

MEC to appoint head of provincial secretariat

Minister to approve appointment

- After Act is passed and put into operation, except for provinces where provincial secretariats already established

Budget will be addressed during budgeting process for 2012/2013 financial year.

Clause 21 Reporting and referrals Communicate standardised reporting format for quarterly reports

- After provincial Secretariats established..

- No financial implications as it is already part of Secretariat’s operational plan..



CLAUSENUMBER (S)

SUMMARY OF CLAUSE



Clauses 22 & 24

c22. Secretary and heads of provincial Departments

c24. Composition of senior management forum

Secretary to convene meeting of heads and determine agenda to ensure alignment, etc.

Secretary to convene meeting of forum and develop reporting mechanism and meeting rules of procedure

- Already functioning.

Finalised within 18 months of enactment of Act.

-Currently budgeted for in Secretariat’s operational budget.

- To be covered in the re-alignment of the Secretariat budget for the 2011 / 2012 FY and beyond.

- Current Heads of Secretariats Forum already functioning.

-Senior Management Forum to be formally established..

Clause 25 Intervention by Secretariat

Develop clear guidelines on circumstances when intervention may take place and procedures for intervention.

Briefing to MinMec

- Guidelines and procedures will be submitted to Minister & MinMec in

the 2011/2012 financial year.

Financial implications will be determined when intervention becomes necessary

Clauses 27, 28, 29 & 30

Ministerial Executive Committee

Provide administrative and technical support

to the Minister Convene meeting with heads

of Provincial secretariats to prepare for

MinMec and produce documents and make briefings as may be required.

- MinMec to meet Quarterly- Heads of

Secretariats to meet prior to MinMec meetings.

Budget in current operational budget-

MinMec already established and functional

Secretary of Police already playing a role.

Provincial Heads already meeting prior to MinMec under chairmanship of the Secretary of Police.



CLAUSENUMBER (S)

SUMMARY OF CLAUSE



Clause 31 Co-operation with Independent Police Investigative Directorate

Develop formal co-operation framework

Develop capacity within Secretariat’s Monitoring and Evaluation unit to deal with Directorate reports and recommendations

- Convene meeting with Directorate by November 2010.

Already budgeted for in Secretariat operational budget.

Clause 32 Regulations Develop regulations for Ministers approval

- Within 3 months of the commencement of the Civilian Secretariat for Police Service Act.

R 275 000

Clause 33 Transitional provisions Existing arrangements to continue

• Plan for suspend clauses to be put into operation..

Suspend clauses to be put into operation.

Planning to commence in May 2011/12

Designated Department and Accounting Officer to come into effect in 2012/13

- Budget to be finalised by May 2011

-Budget to be determined by shared service agreements and transfer of functions.



SUMMARY OFIMPLEMENTATION COSTS

• 2010/2011 FINANCIAL YEAR :– PERSONNEL : R 13,26 million

– OPERATIONAL COSTS : R 8. 066 million

ESTIMATED PHASED ANNUAL COSTS

• 2011/2012 FINANCIAL YEAR (During period as cost centre in SAPS)Personnel (includes additional R12 million) R35 547 490

Operational Costs - within the Secretariat operational costs. This will be further informed by : The Strategic Planning outcome & funds to be transferred from SAPS, linked to the transfer of functions.

Domestic Violence Act R800 000 – R 1 million

• 2012/2013 FINANCIAL YEAR: To be determined (New costs flowing from transfer of functions, shared service agreements Domestic Violence Act (Additional costs and associated with transfer of budget from SAPS)

:


THANK YOU

SIYABONGA

civilian secretariat for police

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