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
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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)
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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.
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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.
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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
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IMPLEMENTATION PLAN (contd.)
CLAUSENUMBER (S)
SUMMARY OF CLAUSEIMPLEMENTATION
STEPS
TIME FRAME BUDGET STATUS
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
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CLAUSENUMBER (S)
SUMMARY OF CLAUSE
IMPLEMENTATION STEPS
TIME FRAME BUDGET STATUS
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.)
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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.
IMPLEMENTATION PLAN (Contd.)
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CLAUSENUMBER (S)
SUMMARY OF CLAUSE
IMPLEMENTATION STEPS
TIME FRAME BUDGET STATUS
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..
IMPLEMENTATION PLAN (Contd.)
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CLAUSENUMBER (S)
SUMMARY OF CLAUSE
IMPLEMENTATION STEPS
TIME FRAME BUDGET STATUS
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.
IMPLEMENTATION PLAN (Contd.)
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CLAUSENUMBER (S)
SUMMARY OF CLAUSE
IMPLEMENTATION STEPS
TIME FRAME BUDGET STATUS
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.
IMPLEMENTATION PLAN (Contd.)
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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)
:
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THANK YOU
SIYABONGA