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1 REFINED DELIVERY AGREEMENT For Outcome Three: “ALL PEOPLE IN SOUTH AFRICA ARE AND FEEL SAFE”

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Page 1: REFINED DELIVERY AGREEMENT For Outcome Three ... Overview Files/Outcome 03...3 1. INTRODUCTION This Delivery Agreement (“the Agreement”) deals with Outcome 3: “All People in

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REFINED DELIVERY AGREEMENT

For Outcome Three:

“ALL PEOPLE IN SOUTH AFRICA

ARE AND FEEL SAFE”

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Table of Contents

1. INTRODUCTION ................................................................................................................... 3

2. HIGH LEVEL PROBLEM STATEMENT ................................................................................. 3

2.1 Overall Serious Crimes .......................................................................................... 4

2.2 Root Causes .......................................................................................................... 5

3. IDENTIFICATION OF DELIVERY PARTNERS ..................................................................... 6

4. LINKING OUTPUTS TO OUTCOME 3: “All People in South Africa Are and Feel Safe” ......... 6

4.1 Output 1 ................................................................................................................. 6

4.2 Output 2 ................................................................................................................. 6

4.3 Output 3 ................................................................................................................. 6

4.4 Output 4 ................................................................................................................. 6

4.5 Output 5 ................................................................................................................. 7

4.6 Output 6 ................................................................................................................. 7

4.7 Output 7 ................................................................................................................. 7

5. ACTIONS NEEDED TO ACHIEVE EACH OUTPUT .............................................................. 7

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1. INTRODUCTION

This Delivery Agreement (“the Agreement”) deals with Outcome 3:

“All People in South Africa Are and Feel Safe”

A number of strategic interventions and tactical interventions have been successfully implemented over the past few years and other interventions are in the process of being implemented within the JCPS Cluster in the fight against crime with an objective of making South Africa safe. The Agreement consequently does not address the overall functioning or effectiveness of the JCPS Cluster, but rather specifically selected areas. These areas have been identified as those where focussed intervention will make a substantial and a positive impact on the safety of the people of South Africa. The Agreement is based upon an overall outcome which is linked to a set of selected outputs. Each of the outputs in turn is linked to the activities required for the objectives of the specific output to be achieved. Some elements of identified outputs are in a mature phase while others are closer to the initiation phase when seen from an integrated and coordinated perspective. Note should be taken that the normal budgeting process will continue to determine the allocations to Departments. These Delivery Agreements will be an important input into the budgeting process and the final budget allocations will affect the order of priorities and phasing of the implementation of this Delivery Agreement. For subsequent financial years, the annual revisions to the Delivery Agreement will be timed to link with the budget process so that the revised Delivery Agreement is signed off after the budget is signed off.

HIGH LEVEL PROBLEM STATEMENT

Crime in South Africa has occupied centre stage on the public agenda. Surveys and reports identified crime as an impediment to socio-economic development. The violent nature of crime affects everyone but especially vulnerable groups such as women, children, older persons and people with disabilities. Drugs and substance abuse are contributory factors to the violent nature of crime and other social ills. The insufficient capacity in areas of forensic, detective, investigation and prosecution services hampers the Clusters efforts to reduce the overall levels of crime particularly “trio” and “contact” crimes. The trio crimes include car hijacking, business and house robberies while contact crimes include assault, murder and rape. The lack of victim friendly facilities at police stations has a negative impact on people who are victims of crime. The prevalence of corruption in the justice system erodes trust and confidence in the criminal justice system. There is a perception of ineffectiveness of the Criminal Justice System (CJS) in dealing with those who commit crimes as translated by a number of times where the courts have granted bail to the accused persons who while being out on bail commit further and even more serious crimes. This perception is aggravated by weak implementation of the communication strategy in relation to the achievements/progress within the JCPS environment.

The court processes, case backlogs, undue length of remand detention, inadequate use of diversion programmes, overcrowding in correctional centres, limited rehabilitation and welfare programs for first and young offenders are all issues requiring more coordinated and focused intervention in order to restore confidence in the justice system.

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Anti-Corruption measures have not resulted in speedy prosecution and conviction of corrupt persons involved in corruption such as identity theft, loss of dockets, tender and social grant frauds leading to the perception that there is a lack of will to deal with corruption. The security at borders and ports of entry has not been effective in containing counterfeit goods and illegal persons entering the country’s borders. The establishment of a legislatively mandated border management structure will improve security and the integrity of the country’s borders through the implementation of single, integrated and secure border processes and the compilation of a national border safeguarding strategy. There is a threat to the integrity of the National Population Register. The cluster has developed a draft Immigration Policy with a view to addressing this threat. The negative impact of Cybercrime on the economy and general wellbeing of citizens cannot be underestimated. It has the potential to negatively impact on national security. The expected growth of international bandwidth will increase uptake and usage of the internet. It is envisaged that there will be an increase in criminal activities in cyberspace. Cyber security policies and legal frameworks do not adequately address existing challenges; neither do we have the necessary institutional mechanism to address this matter in a coordinated manner.

Overall Serious Crimes

Apart from contact crime as discussed above, serious crime also consists of contact related crime (i.e. malicious damage to property), property related crimes (i.e. stock theft); other serious crime (i.e. theft) as well as crimes heavily dependent on police action for detection (i.e. drug related crime and illegal possession of firearms). Serious crimes have also been identified to be reduced over the MTSF period. The relevant Government Departments need to do further work toward a holistic management of crime, by developing and implementing initiatives including social crime prevention strategies, and by supporting the Social and Economic Clusters for example, with regard to the work done by social support and poverty alleviation. Many times, children and other vulnerable offenders get involved in crimes because of their socio-economic circumstances. By addressing the causes of crime, the impact in the criminal justice system, can also be alleviated. The table below reflects the crime types that are generally referred to as overall serious crime:

Overall Serious Crimes 2006/07 2007/08 2008/09 2009/10 2010/11

Contact Crimes (crime against persons) 730 346 692 550 685 185 676 445 638 468

Incidence @ 100 000 population 1 541.1 1 447.4 1 407.3 1 371.4 1 277.2

Contact Related Crimes (crime against property) 151 194 144 364 141 107 138 835 131 860

Incidence @ 100 000 population 319.1 301.7 289.9 281.5 263.8

Property Related Crimes 547 258 521 513 532 184 553 368 534 451

Incidence @ 100 000 population 1 154.7 1 090.0 1 093.0 1 122.0 1 069.0

Other Serious Crimes 542 342 527 574 552 371 540 918 534 866

Incidence @ 100 000 population 1 144.4 1 102.5 1 134.5 1 096.7 1 069.9

TOTAL CRIME REPORTED BY THE COMMUNITY 1 971 140 1 886 001 1 910 847 1 909 566 1 839 645

Incidence @ 100 000 population 4 159.3 3 941.6 3 924.7 3 871.6 3 679.9

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Source: SAPS

Root Causes

What have we been doing that has not achieved the desired outcomes?

Lack of public condemnation in participating in and benefitting from criminal activity.

Inadequate attention to the ineffectiveness and inefficiency of the criminal justice system with little emphasis on integrated activities within departments as well as between departments.

Lack of effective coordination mechanisms within the CJS. Lack of accountable and performance oriented outcomes (i.e. measurement and corrective

action). Lack of or inability to apply information systems for operational management purposes and

informed decision making. Legislative inhibitors not timeously adequately addressed. Lack of capacity and resources which would adequately address the purpose of the identified

outputs. Inadequate publicity on success stories within the CJS. Inadequate support for victims of crime.

Inadequate witness protection/support services.

Lack of allocation of dedicated resources and budgets to manage the Cluster priorities. Lack of adequate support to social crime prevention mechanisms and a holistic management of

crime perception, including alternative or complementary ways in which to manage crimes, such as Restorative Justice initiatives.

Border management has been less effective and thus impacting negatively on crime and illegal immigration. Infrastructure security and the integrity of the national identity register (which is under threat of identity theft) had been underestimated. It enabled many types of crime and compromised the integrity of South African travel documents.

Investigation, prosecution and incarceration of perpetrators of crime were managed independently and not interdependently. In addition, no common deliverable was pursued which resulted in an ineffective, disjointed resourced system. This ineffectiveness allowed for an opportunity for corrupt officials to manipulate the system for their own gain.

There has been an over reliance on the police to reduce contact and serious crime even though only 38% of contact crimes and 60% of serious crimes can be influenced by police actions. The remainder of the crime is either related to social behaviour (as in the case of the majority of murders and sexual offences) or takes place in social environments (as in the case of assault with grievous bodily harm and common assault) which are beyond the reach of conventional policing methods or crimes that occur in environments out of reach of police members (as in the case of commercial crime and shoplifting).

In addition to people’s actual exposure to crime, a lack of insight into the above factors and poorly managed perceptions of crime have contributed to the negative sense of safety and well-being of people in South Africa.

CRIME IDENTIFIED THROUGH POLICE ACTION 157 304 171 015 187 382 212 321 231 842

Incidence @ 100 000 population 331.9 357.5 384.8 430.5 463.7

TOTAL SERIOUS CRIME 2 128 444 2 057 016 2 098 229 2 121 887 2 071 487

Incidence @ 100 000 population 4 491.2 4 299.1 4 309.6 4 302.1 4 143.6

Midyear Population Estimate 47 391 000 47 849 800 48 687 300 49 320 500 49 991 300

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What will be done differently?

At a leadership level, the judiciary through the Chief Justice and Minister of Justice and Constitutional Development will be meeting monthly to address issues impacting on court performance particularly case flow management as well as case backlog issues.

Establishing a data base on corruption in order to enhance anti-corruption measures within the JCPS Cluster.

More effective utilization and integration of ICT systems to enhance productivity and service delivery.

Ensure that registration at birth is the only entry point for South Africans to the National Population Register.

Implement integrated management systems. Use lessons learnt during the 2010 FIFA WC for better integration and speedy service delivery. To ensure that Cyber related matters are adequately regulated in order to effectively respond to

inter alia cybercrime.

IDENTIFICATION OF DELIVERY PARTNERS

The delivery partners in the fight against crime include the following entities, some in primary roles and other in secondary and supporting roles: Departments: Correctional Services (DCS), Home Affairs (DHA), Justice and Constitutional Development (DOJ&CD), Health (DOH), Social Development (DSD), State Security (SSA), National Prosecuting Authority (NPA), South African Police Service (SAPS), Defence and Military Veterans (DOD), Statistics South Africa (STATS SA), National Treasury (NT), Basic Education (DBE), International Relations and Cooperation (DIRCO), Human Settlements (DHS), Legal Aid SA (LASA), Communications (DOC), Science and Technology (DST). Delivery partners at national, provincial and local level: JCPS implementation forums in provinces include Safety and security members of executive councils (MEC’s), Heads of departments (HOD’s). HOD’s forum consists of all Cluster departments and Community Safety Forums (CSF) at local level.

LINKING OUTPUTS TO OUTCOME 3: “All People in South Africa Are and Feel Safe”

In order for all people of South Africa to feel safe, decisive action has to be taken to deliver the following outputs:

Output 1

Reduced overall levels of serious crime, in particular, contact and trio crimes.

Output 2

A more effective Criminal Justice System.

Output 3

Reduced corruption.

Output 4

Managed and improved perceptions of crime among the population.

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Output 5

South Africa’s borders effectively safe guarded and secured.

Output 6

Integrity of identity and status of citizens and residents secured.

Output 7

Secure cyber space As mentioned previously, the actions that make up the outputs referred to above do not represent all the actions of the JCPS Cluster, but that are aimed at addressing specifically selected areas that will, through focussed intervention, make a substantial and positive impact on the safety of the people in South Africa.

ACTIONS NEEDED TO ACHIEVE EACH OUTPUT

The information below has been logically grouped to reflect the actions that are needed to achieve the identified output.

Output 1: Reduced overall levels of serious crime, in particular, contact and trio crimes

Output and Sub-Output Descriptions

1.1 Overall Serious Crime: number of serious crimes reported per annum (measured as the number of crimes reported per 100,000 people).

1.1.1 Contact Crime: number of contact crimes reported per annum (measured as the number of crimes reported per 100,000 people).

1.1.1.1 Trio Crimes: number of trio crimes reported per annum (measured as the number of crimes reported per 100,000 people).

Indicators and Targets

1.2 Overall Serious Crime: Reduction of the total number of serious crimes per annum (measured as the number of crimes reported per 100,000 people).By 2014 reduce serious crime from 3,924 (1,910,847 crimes) to at least 3,366 per 100 000 people.

1.2.1 Contact Crime: Reduction of contact crimes reported per annum (measured as the number of crimes reported per 100,000 people). By 2014 reduce contact crimes from 1,407 (685,185 crimes) to 930 per 100,000 people.

1.2.1.1 Trio Crimes: Reduction of trio crimes reported per annum (measured as the number of crimes reported per 100,000 people). By 2014 reduce trio crimes from 97,1 (47,273 crimes) to 67 per 100 000 people.

(These figures are based on an estimated population of 48,687,300.)

Synopsis of Key Activities

Improve coordinated intelligence on crime.

Increase visible policing/patrolling in identified hotspots.

Increase crime prevention actions.

Reduce the proliferation of illegal and legal firearms.

Align and integrate strategy and approach to apprehend and charge known perpetrators.

Decrease incidents of persons escaping from custody.

Strengthen the management of bail processes and legislation.

Improve forensic services and fingerprint management with coordinated and integrated ICT utilization.

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Output 1: Reduced overall levels of serious crime, in particular, contact and trio crimes

Implement social crime prevention programmes.

Operationalize transformed Community Safety Forums.

Responsible Department/s / Agencies

SAPS, DSD, NPA, DoJ&CD, SSA, DCS

Additional Resources Required

Nil

Risks, Constraints and Mitigating Strategies

An Integrated Strategy and Approach at National, Provincial and Local operational levels between SAPS, NPA and DoJ&CD.

Availability of required numbers of staff in the SAPS, NPA and DoJ&CD.

Ability of NPA, DoJ&CD and DCS to quickly respond to a large influx of new cases.

Procurement of IT services through SITA / lengthy IT tender processes may be an inhibitor.

Anti-Crime and Drug Awareness programmes and educational programmes in schools, workplaces, media and communities should be actively promoted.

Reducing the demand for and supply of alcohol and drugs.

A high percentage of contact crimes in the RSA are caused by social factors, such as drugs and alcohol abuse. This requires effective interventions at a broader level, such as reducing the number of unregulated liquor outlets, etc.

Effectiveness of moral regeneration programmes.

Reduction of the numbers of undocumented immigrants.

A Social Crime Prevention Strategy has been developed focusing on integrated roles and responsibilities, and needs to be implemented in a coordinated fashion..

Funding Framework Funding will take place within the framework of existing budgets.

Governance and Reporting Arrangement

The JCPS Implementation forum reports to Inter Ministerial Security Committee (IMSC) and Cabinet Committee quarterly.

What is being done differently

Better coordination of activities within the Criminal Justice value chain by all partners e.g. crime scene management, investigations, case screening etc. Delivery partners to monitor report and give feedback on the effective coordination of all activities in the value chain.

Evaluation of Legislative Environment

The enactment of the Act that deals with fingerprinting will facilitate forensic evidence and the proposed DNA legislation will further enhance the ability of SAPS to link perpetrators to crime scenes. The SAPS Act is under review.

Evaluation of existing Regulatory and Policy Framework

While much has already been done by the CJS Review in this regard this matter will receive further attention as the initiative proceeds.

Evaluation of Existing Institutional Arrangements

Need to involve other spheres of government from national, provincial and local levels.

Evaluation of Management Systems, Processes and Skills

The human resource capacity, intelligence gathering analysis should be strengthened.

Output 2: A more effective Criminal Justice System

Output and Sub-Output Descriptions

2.1) Serious crime detection rate 2.1.1 Contact crime detection rate

2.1.1.1 Trio crime detection rate 2.2) Trial ready docket rate 2.3) The number of finalized criminal cases 2.4) Case backlogs of all cases 2.5) Cases finalized through ADRM including diversion. 2.6) Average length of time in remand detention 2.7) Percentage of parolees without parole violations

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Output 2: A more effective Criminal Justice System

Indicators and Targets

By 2014 increase the serious crime detection rate from 42.82% to 59%.

By 2014 increase the contact crime detection rate from 52,5% to 60%.

By 2014 increase the trio crime detection rate from 13.5% to 34%.

By 2014 achieve 35% trial ready docket rate.

Increase the number of finalized cases by 2% per annum.

Baseline Actual Actual Target Target Target

2008/09 2009/10 2010/11 2011/12 2012/13 2013/14

311,825 350,910 331,045 337,666 344,419 351,308

Reduced case backlogs of all cases by 10% (by 2014).

Baseline Actual Actual Estimate Target Target

2008/09 2009/10 2010/11 2011/12 2012/13 2013/14

42,495 38,563 37,0341 34,885 34,187 33,504

Increase cases finalized through Alternate Dispute Resolution Mechanisms (ADRM) including diversion (this includes children) by 20% (by 2014).

Baseline Actual Actual Target Target Target

2008/09 2009/10 2010/11 2011/12 2012/13 2013/14

119,776 118,631 129,846 133,482 137,219 142,357

Reduction of average length of time in remand detention from 177 to 165 days (by 2014) reported every 6 months.

Baseline Target Target

Jan 2012 2012/13 2013/14

189 177 165

Increase percentage of parolees without parole violations

Baseline Target Target

2011/12 2012/13 2013/14

76.2% (31,237 / 40,993)

78.5% (35,075 / 44,682)

79.6% (38,768 / 48,703)

1 As the 2014 target was achieved in 2010/11 the targets for 2011/12 and subsequent years were adjusted.

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Output 2: A more effective Criminal Justice System

Synopsis of Key Activities

Improve investigation capacity and efficiency (crime scene detectives, detectives and prosecutors).

Improve intelligence capacity, gathering and analysis.

Strengthen the management and timely provision of forensic and fingerprint services.

Ensure secure detention of high risk and violent offenders in DCS and SAPS facilities.

Implement the CJS review 7 point plan approved by Cabinet.

Implement integrated case flow management in all courts.

Expand the Case Backlog project with additional Regional and District Courts.

Increase the use of ADR, including restorative justice

Support service providers who provide diversion, non-custodial and other ADR programmes.

Conduct specific interventions on long outstanding remand detainee cases.

Increase support to parole and ex-offender programmes.

Test electronic monitoring system for parolees.

Strengthen parole system:-

o Increase participation in parole hearings by SAPS and DoJ&CD

o Extended Offender involvement in social infrastructure projects and rehabilitation interventions

o Enhanced social re-integration including improved visitation to inmates

Develop Correctional Sentence Plans for all sentenced offenders.

Profiling of offenders.

Develop framework on repeat offending by 2013.

Provision of additional Secure Care Facilities for children awaiting trial.

Develop and implement a Unique Person Identifier across the Cluster by end 2013/14.

Develop and implement Case Management System Integration across the criminal justice system by end 2012/13.

Develop and implement theTransversal Hub and exchange and analyse agreed upon KPI and Business Intelligence information for statistical and management purposes by end 2012/13.

Develop and implement criminal justice system Person Management and related integration systems, and complete integration with the Home Affairs National Identification System (HANIS), as well as integration of Child justice and sexual offences registers by end 2013/14.

Responsible Department/s / Agencies

DoJ&CD, SAPS, NPA, DCS, SSA, DSD, SANDF, DOH, Legal Aid SA

Additional Resources Required

Nil

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Output 2: A more effective Criminal Justice System

Risks, Constraints and Mitigating Strategies

Witness identification of perpetrators is a constraint to the successful detection and resolution of trio crimes in particular as many witnesses are subjected to trauma due to the violent nature of the crimes and are unable to identify the perpetrators. The legislation pertaining to fingerprints and Bill with regard to DNA are aimed at strengthening identification of perpetrators.

The Budgets within CJS Departments should be aligned and balanced.

Adequate numbers and experience of investigators and prosecutors as well as control over docket flow and certification processes.

Effective court utilisation and optimum use of court hours through effective case flow management led by the judiciary is critical to finalising more cases.

The lack of funding and capacity of organisations and DSD to provide programmes which can be utilised as alternatives to incarceration, and the extent that such alternatives are available in urban and rural areas, will impact on efforts to increase use of ADR.

The focus on resolving serious crime will result in more persons being arrested who should not be released on bail – thus increasing the number of remand detainees.

Funding Framework The transformation activities will largely take place within the existing budgets, but additional funds for the three year period ending in 2012/13 were approved from National Treasury for CJS projects.

Governance and Reporting Arrangement

The JCPS Implementation forum reports to the Inter Ministerial Security Committee (IMSC) and Cabinet Committee quarterly.

What is being done differently

Screening mecanisms have been implemented and SAPS Detective Court Case Officers have been appointed to priority courts There has been an overhaul of medical parole and the implementation of a panel of professionsals who advise on parole.

Evaluation of Legislative Environment

Legislative changes to the Criminal Procedure Act 1977 and related legislation across the JCPS will be considered as and when required.

Evaluation of existing Regulatory and Policy Framework

The Criminal Justice System (CJS) Review identified legislative changes to be undertaken.

Evaluation of Existing Institutional Arrangements

Institutions to align and integrate their strategies.

Evaluation of Management Systems, Processes and Skills

There are gaps in the value chain requiring improvement.

Output 3: Reduced corruption

Output and Sub-Output Descriptions

Reduced level of corruption, thus improving investor perception, trust and willingness to invest in South Africa

Reduced corruption within the JCPS Cluster to enhance its effectiveness and its ability to serve as deterrent against crime

Indicators and Targets

Successfully convict 100 people by 2014 for corruption where the amount involved is more than R5 million

To have finalised all internal disciplinary cases relating to corruption within an average of 3 months

To have convicted 170 JCPS personnel for offences related to corruption

Synopsis of Key Activities

Initiate investigation, gathering and analysing of evidence of corruption related charges

Develop and implement a plan for effective and efficient joint case planning between NPA and SAPS DPCI

Obtain freezing orders, seizure and forfeiture of assets obtained through illicit means

Institute and conduct prosecutions

To have established an effective anti-corruption capability in each JCPS Department

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Output 3: Reduced corruption

Vetting of officials in Supply Chain management

Responsible Department/s / Agencies

JCPS Cluster Departments, National Treasury, DPSA, SARS

Additional Resources Required

Primary resources to be provided by stakeholder departments/agencies

Risks, Constraints and Mitigating Strategies

Joint and equal participation of all Departments

Anti-corruption operations have to be led and coordinated across government by the JCPS.

Determine the challenges to populate a central risk register in this regard.

Different government institutions or agencies applying different and uncoordinated approaches on corruption.

Complete a threat and risk assessment and develop a Risk and Threat Management Framework for Corruption in the JCPS

Identified Risk Area is in support of a declared Government Priority of Supply Chain Management.

Funding Framework Funds provided for in Baseline Budgets of ACTT Stakeholders

CARA Funding to be used in line with Cabinet Approval

Governance and Reporting Arrangement

Inter Ministerial Security Committee (IMSC)

JCPS Implementation Forum

Development Committee

Anti-Corruption Task Team (ACTT)

Link with other anti-corruption initiatives and bodies (DPSA; Corruption Watch, etc)

What is being done differently

Multi-Disciplinary Approach

Risk and Threat based targeted actions

Integrated ACTT

Evaluation of Legislative Environment

Anti-corruption related legislation to be reviewed.

Evaluation of existing Regulatory and Policy Framework

Development and implementation of Integrity and Anti-Corruption Policies and Strategies for the JCPS Cluster.

Evaluation of Existing Institutional Arrangements

The ACTT be used and enhanced to support the output.

Evaluation of Management Systems, Processes and Skills

To put in place anti-corruption measures.

Output 4: Managed and improved perceptions of crime among the population

Output and Sub-Output Descriptions

Increased trust in the Criminal Justice System.

Improved support to victims of crime.

Increased engagement with the community on security awareness and crime prevention.

Indicators and Targets

The percentage of persons that reported crime of those who were victims of crime. (Annual survey of number of victims reporting crime).

The number of workshops and seminars with the community and the CSF (Community Safety Forum) on security awareness, crime prevention and effects of crime on the society.

Increase number of Thuthuzela Care Centres (TCCs) from 20 to 40 by 2013/14.

Baseline Actual Actual Target Target Target

2008/09 2009/10 2010/11 2011/12 2012/13 2013/14

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Output 4: Managed and improved perceptions of crime among the population

17 20 27 30 35 40

Number of JCPS staff trained in serving victims in victim friendly manner.

Increase number of victims who attend parole hearings from 253 in 2010/11 to 1060 by 2013/14.

Synopsis of Key Activities

Design and implement SatsSA annual Victims of Crime Survey.

Integrated Cluster Communication Strategy around CJS and community achievements in crime prevention.

Survey of how victims were treated by the JCPS cluster and the individual Departments/agencies.

Establish within the JCPS Cluster an analyses and reporting capacity in respect of Victims of Crime.

Increase of victim friendly services through training and directives.

Responsible Department/s / Agencies

SAPS, DSD, DoJ&CD, DCS, NPA, other Cluster departments, DoH

Additional Resources Required

Donor funding for initiation of TCC’s is provided by Danish (Unicef) and USAID (RTI) – contract positions will be converted to permanent posts funded by Departments

Risks, Constraints and Mitigating Strategies

Funds need to be provided for in baseline budgets (presently EU donor funded, but need to be included in future Baseline Budgets of all Departments).

Funding Framework Donor funding and Baseline budgets.

Governance and Reporting Arrangement

The JCPS Implementation Forum reports to Inter Ministerial Security Committee (IMSC) and Cabinet Committee quarterly.

What is being done differently

We will educate through various programmes how the Criminal Justice System operates as driven by the Constitution of RSA. The education will cover the right of the victims (right to life, protection from physical harm, right to dignity and equality before the law) and the rights of the perpetrators (right to fair trial)

Evaluation of Legislative Environment

Legislative interventions to support victims of crime are being considered.

Evaluation of existing Regulatory and Policy Framework

A coherent communication strategy to be developed and implemented.

Evaluation of Existing Institutional Arrangements

The institutions need to send a strong message and build public confidence.

Evaluation of Management Systems, Processes and Skills

Communication i.e. community awareness program to improve.

Output 5: South Africa’s borders effectively safeguarded and secured

Output and Sub-Output Descriptions

Secure and safeguarded borderline and ports of entry

Indicators and Targets

To have implemented Inter Agency Clearing Forum at the Borderline and Ports of entry by 2013

Border Management agency established by 2014

To have deployed SANDF in the borders with Zimbabwe, Mozambique, Swaziland, Lesotho, Botswana and Namibia by 2013

Synopsis of Key Activities

Lead the development of a Policy Framework for Border Management

Develop and agree on a border management strategy and protocols with Governmental stakeholders

Develop a framework for a Risk Based Immigration Management Approach

Institutionalize the Inter Agency Clearing Forum (IACF) as coordinating mechanism for Border Management by 2012/13.

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Output 5: South Africa’s borders effectively safeguarded and secured

Improve access control in maritime ports by 2013/14 with Cape Town as a pilot.

Roll out enhanced movement control system at 10 other ports of entry by 2012/13

Implement automated risk management for cargo and passengers by 2012/13

Implement automated cargo management and inspection processes by 2012/13

Conduct a threat and risk assessment in rail crossings by 2012/13

Implement new customs processes to secure cargo starting with SACU borders by 2012/13

Responsible Department/s/ Agencies

DIRCO, DHA, SANDF, SAPS, SARS, DTI, Agriculture, DOH, SARS, SSA, DoJ&CD

Additional Resources Required

To be quantified

Risks, Constraints and Mitigating Strategies

Funds provided for in Baseline Budgets of DOD

Funding for the return to the border for the SANDF

Funding Framework Funds provided for in the Baseline budget.

Governance and Reporting Arrangement

The JCPS Implementation forum reports to Inter Ministerial Security Committee(IMSC) and Cabinet Committee bi-monthly

What is being done differently Reviewing the current border management mechanisms to make them more effective and efficient to counter irregular movement of goods and people

Evaluation of Legislative Environment

Legislation will be reviewed and amended as necessary.

Evaluation of existing Regulatory and Policy Framework

Currently provides for a voluntarily coordinating approach; hence the need to adopt an integrated mandatory model.

Evaluation of Existing Institutional Arrangements

Need for strong JCPS Cluster oversight over this process.

Evaluation of Management Systems, Processes and Skills

Personnel /systems and other resources (budgets) from various institutions to be better coorinated.

Output 6: Integrity of identity and status of citizens and residents secured.

Output and Sub-Output Descriptions

Ensure the registration of birth as the only entry point to the NPR and that the birth of all citizens is registered.

Immigration systems are integrated with HANIS.

A strategy for management of immigration and involvement in illicit economy.

Indicators and Targets

Ensure the issuing of IDs to 99% of citizens 16 years and above who are in possession of birth certificates by 2013.

Immigration systems integrated and linked with HANIS by 2013.

Increase the percentage of new born children registered before their first birthday from the approximately 30% currently to 95% by 2014.

A strategy for the management of immigration and the curbing of the involvement of foreign nationals in illicit economy to be developed and implemented by 2012/13

Synopsis of Key Activities

Registration of birth as the only entry point into the NPR.

Registration of every child birth before their first birthday.

A new procedure for the late registration of birth process will be implemented to curb identity fraud.

Issue IDs to all citizens 16 years of age or above / turning 16 years of age.

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Output 6: Integrity of identity and status of citizens and residents secured.

Registering of all deaths and the provision of relevant statistics in this regard by the end of each financial year, covering the previous calendar year.

Review and implement applicable Civic Services legislation by 2012 pertaining to births, deaths, citizenship and identification, including revised penalties.

Implement revised immigration policy and regulatory frameworks with respect to managing economic migration and asylum seekers.

Responsible Department/s / Agencies

DHA, SAPS, DSD (SASSA), SARS, BCOCC, DTI, Treasury, all JCPS Cluster Departments.

Additional Resources Required

Nil.

Risks, Constraints and Mitigating Strategies

Obtaining public and government support for revised immigration policy and campaigns to register births and issue IDS. A key strategy is engagement with key stakeholders and clusters and establishing local stakeholder forums.

Funding Framework Funds provided for in the baseline budget.

Governance and Reporting Arrangement

The JCPS Implementation Forum reports to Inter Ministerial Security Committee (IMSC) and Cabinet Committee quarterly.

What is being done differently To ensure that registration at birth is the only entry for South Africans to the NPR.

Evaluation of Legislative Environment

Amendments to civic and immigration legislation is necessary to ensure the integrity of national identity.

Evaluation of existing Regulatory and Policy Framework

Review of policy and regulatory framework to manage economic migrants and asylum seekers. Review of policy and regulatory framework with regard to the registration of births, marriages and death; and citizenship and identity.

Evaluation of Existing Institutional Arrangements

Development of further inter-departmental cooperation is necessary through the development of agreements with departments in several clusters.

Evaluation of Management Systems, Processes and Skills

Upgrading and integration of technology-based systems is necessary, as well as training and staff development, to support more efficient and secure processes.

Output 7: Secure cyber space

Output and Sub-Output Descriptions

A safer cyber space

Reduced cybercrime

Indicators and Targets

Cyber threat evaluated (by end of September 2012)

Cyber security baseline determined (by end of December 2012)

Number of SAPS persons trained in cybercrime

Number of cybercrime cases reported (baseline)

Conviction rate in cybercrime prosecutions - 74%

Number of cybercrime units and investigators in place country-wide

Number of inspectors appointed

Synopsis of Key Activities

Conduct comprehensive cyber threat assessment initiative so as to determine cyber security baseline

Training curriculum developed and number of persons trained

Cybersecurity implementation plan in line with NCPF developed and implemented

Cybercrime strategy developed and implemented

Responsible Department/s / Agencies

JCPS Cluster Departments, SARS, DPSA, Treasury, DTI, DoC, SSA.

Additional Resources Required

To be informed by the detailed Cybersecurity and cybercrime Implementation Plans.

Risks, Constraints and Mitigating Strategies

This is growing international phenomenon involving internet fraud and the absence of a policy remains a key risk factor.

Legal and regulatory loopholes; to effectively combat Cybercrime.

Lack of institutional mechanisms to facilitate a coordinated approach to combating Cybercrime.

Inadequate capacity to deal with cybercrime by law enforcement agencies and judiciary; and funding to implement all initiatives as envisaged in the implementation

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Output 7: Secure cyber space

plan overlapping mandates.

Funding Framework Funds provided for in the Baseline budget.

Governance and Reporting Arrangement

The JCPS Implementation Forum reports to Inter Ministerial Security Committee (IMSC) and Cabinet Committee bi- monthly.

What is being done differently

Combating of cybercrime prioritised. Cybersecurity prioritised through a Government-led, coherent and integrated Cybersecurity approach. We are investing in research to understand cybercrime and its impact in the economic and technological development of the country. Establishment of structures in line with an approved National Cybersecurity Policy Framework to facilitate coordinated approach to dealing with matters pertinent to Cyber security.

Evaluation of Legislative Environment

Review and align existing legislation impacting on cybersecurity. Review and align existing legislation impacting on cybercrime.

Evaluation of existing Regulatory and Policy Framework

Review and align existing regulatory and policy framework to the National Cybersecurity Policy Framework. (NCPF) and Implementation Plan. Review and align existing regulatory and policy framework to address cybercrime.

Evaluation of Existing Institutional Arrangements

Institutions to align and integrate their strategies to the National Cybersecurity Policy Framework. (NCPF) and Implementation Plan. Institutions to align and integrate their strategies/ policies to address cybercrime.

Evaluation of Management Systems, Processes and Skills

There are gaps in the value chain requiring improvement.

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Delivery Agreement: Outcome 3

Signed at _____________________ on this_______day of__________________ 2012.

________________________________________

Mr. Jeffrey Radebe, MP

Minister of Justice and Constitutional Development

_______________________________________

Dr. Nkosazana Dlamini Zuma, MP

Minister of Home Affairs

_______________________________________

Ms Nosiviwe Mapisa-Nqakula, MP

Minister of Defence

________________________________________

Ms. Bathabile Dlamini, MP

Minister of Social Development

________________________________________

Mr. Joel Ndebele, MP

Minister of Correctional Services

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Delivery Agreement: Outcome 3

________________________________________

Mr. Nathi Mthethwa, MP

Minister of South African Police Service

_______________________________________

Mr. Pravin Gordhan, MP

Minister of Finance

_______________________________________

Mr. Collins Chabane, MP

Minister in the Presidency

_______________________________________

Mr. Siyabonga Cwele, MP

Minister of State Security

AND

_______________________________________

Ms. Dina Pule, MP

Minister of Communications