DA Policy on Safety, Crime and Justice December 2013

DA policy on safety, crime and justice December 2013

Contents

Introduction ...... 4 Step 1: Preventing Crime Before it Occurs ...... 5 1.1. A more effective police service ...... 6 a. Boosting SAPS numbers ...... 6 b. Improving the performance and impact of the SAPS ...... 7 c. Guarding the guardians...... 9 d. Greater autonomy for police stations...... 11 e. Oversight and the DA’s Community Safety Act ...... 13 1.2. General crime prevention interventions ...... 13 a. Crime reduction tactics ...... 14 b. Enhancing crime prevention collaboration ...... 15 c. Crime hot-spots ...... 19 d. Using technology effectively ...... 19 Step 2: Detecting and Responding to Crime ...... 20 2.1 Managing information ...... 20 a. An Integrated Criminal Justice Information System ...... 20 b. Crime statistics we can trust ...... 21 c. Cross-referencing finger-print records ...... 22 2.2 Processing criminal evidence ...... 22 a. Improving Forensic Science Laboratories ...... 22 b. Better detection ...... 24 2.3 Targeting specific crimes ...... 25 a. Reinstating the specialised units ...... 25 b. Confronting rural safety ...... 26 c. Fighting drug and alcohol abuse ...... 27 d. Fighting organised crime ...... 28 e. Domestic violence and sexual assault ...... 30 f. Violence in schools ...... 30 g. Poaching ...... 31 h. Public order policing ...... 33 Step 3: Successfully Prosecuting and Convicting Criminals ...... 34 3.1. Judicial independence and the Office of the Chief Justice ...... 34 3.2. An independent prosecuting authority ...... 34 3.3. Getting our courts working ...... 36 a. Managing workloads ...... 36 b. Reducing backlogs ...... 38

c. An integrated information management system ...... 39 d. Court infrastructure ...... 40 3.4. Access to Justice ...... 41 3.5. Responding to specific crimes ...... 42 3.6. Appropriate sentences ...... 43 3.7. Improving the courts for victims and witnesses ...... 44 3.8. Strengthening the SIU in the fight against corruption ...... 44 Step 4: A correctional system that reduces criminality ...... 45 4.1. Reduce criminality by keeping offenders out of prison ...... 46 a. Alternative sentencing ...... 46 4.2. Improving the rehabilitation value of prisons ...... 48 a. Easing overcrowding ...... 48 b. Remand prisoners ...... 49 c. Designing prisons for rehabilitation ...... 50 4.3. Rethinking rehabilitation ...... 51 4.4. Prisons work where prisoners work ...... 53 4.5. Effective oversight ...... 54 4.6. Effective re-integration ...... 55 a. Halfway facilities ...... 55 b. Criminal records and re-offending ...... 56 c. Second chance legislation ...... 57 4.7. Managing the managers ...... 58 Step 5: Compensation and Relief for the Victims of Crime ...... 59 5.1. Directorate for Victims of Crime ...... 59 5.2. Keeping victims informed ...... 60

Introduction

Individuals cannot reach their potential and take advantage of opportunities if they live in fear. When we constrain individuals in pursuing their life goals, we are constraining the well-being of communities. Personal safety is a prerequisite for creating an environment in which South Africans can thrive.

Whilst there has been moderate success in reducing crime levels in the country since 1994, South Africans still do not feel safe nor do they trust that their property is safe from crime. The Victims of Crime Survey published by Statistics South Africa in 20121, showed that more than 1 in 3 households avoid going into open spaces unaccompanied because of their fear of crime, almost 1 in 4 households would not allow their children to play unsupervised by an older person or play freely in their area. Only 14% of households felt safe to walk around in their area in the dark.

Every year, more than 2 million individuals fall victim to crime2. In the five years since 2007, South Africa experienced 85 018 reported murders, 333 374 reported sexual offences, 556 125 reported aggravated robberies and 1.23 million reported residential robberies3.

Criminal activity cannot be allowed to continue tearing apart the fabric of communities and poisoning the national psyche.

The web of terror that crime throws over South Africa is so strong and far-reaching that it is possible to say that every South African has been constrained by it in some way. The lives of many talented and committed South Africans have been lost. Many of us have been deeply traumatized. We have become suspicious of our fellow citizens and distrusting of the institutions that are supposed to keep us safe.

In the DA’s vision of an Open Opportunity Society for All, children are safe from harm and citizens are able to walk in our cities and townships without fear. Criminals are caught promptly and prosecuted speedily, and victims of crime receive appropriate support and are treated with compassion.

Citizens are respectful of the law and understand the consequences of violating it. Communities are confident that those prosecuted will be punished, and will be given opportunities to atone for their actions.

The DA acknowledges that economic disempowerment and social exclusion have left many South Africans without access to opportunities to improve their lives, including proper education and access to employment. This limits choice and can be a contributing factor in a decision to turn to crime. The economic and social motivations contributing to crime must be acknowledged and properly addressed.

1 Statistics South Africa. 2012. Victims of Crime Survey. Available. [Online]: http://www.statssa.gov.za/publications/P0341/P03412012.pdf (May 2013). 2 Statistics South Africa, 2012. 3 SAPS. 2012. Crime Statistics per Crime Category. http://www.saps.gov.za/statistics/reports/crimestats/2012/crime_stats.htm (May 2013).

At the same time, however, containing crime requires the creation of a culture in which there is a general respect for the rule of law and an understanding that there will be consequences for breaking it. This culture must be built through an honest, efficient criminal justice system.

South Africans do not have to accept crime as an unavoidable part of their lives. In the pursuit of our vision of an Open Opportunity Society for All, the DA would implement policy in support of:  A police service that is properly equipped, well trained and able to both recognise and respond rapidly and effectively to any threat to the personal safety of South African citizens;  A justice system that has the necessary independence and resources to ensure that those prosecuted receive a fair and speedy trial and, if found guilty, are appropriately punished;  A correctional service system that allows people convicted of crimes to be securely detained and offers effective rehabilitation to ensure that the level of criminality in our society is reduced over time; and  A support system that is attuned to the needs of the victims of crime.

There are five key steps in achieving these outcomes. 1. Preventing crime before it occurs; 2. Detecting and responding to crime when it does occur; 3. Successfully prosecuting and convicting criminals; 4. Maintaining a correctional system that reduces criminality; and 5. Compensating and providing relief to victims of crime.

Each of these steps are discussed in more detail below.

Step 1: Preventing Crime Before it Occurs

It is important to locate crime in the context of the socio-economic causes of inequality, poverty, unemployment and the loss of hope. Two out of every three South Africans believe that social and economic development is the most effective way of reducing crime4.

We can only rid our society of fear once we have dealt with issues of social and economic exclusion. The DA’s policy platforms outline our vision on these important issues.

However, when crimes are being committed every day, an efficient police service plays an essential role in keeping citizens safe.

Potential criminals must be deterred from committing crimes by the presence of active and visible police officers and by the knowledge that those who commit crimes will be caught and punished.

The DA proposes a number of policy interventions to establish a police service that is able to fulfil this role.

4 Statistics South Africa, 2012.

1.1. A more effective police service a. Boosting SAPS numbers

We need more trained police members. More police members will mean more police officers on the streets, more crime intelligence officers, and more detectives – all of whom are critical in bringing criminals to justice.

The South African Police Service (SAPS) currently employs 157 380 operational members5. Our ratio of police officers to citizens is currently at 1:321 (or around 311 per 100 000 of the population)6. A survey conducted by the United Nations in 2006 indicated a worldwide median rate of approximately 300 police officers per 100 000 of the population7. These rates, however, vary considerably and generally take into account the level of crime in the country.

However, simply increasing the number of police officers will not reduce crime if it is not part of an improved crime-fighting strategy and if appropriate attention is not given to recruitment and training systems to ensure that new recruits can maintain a high standard of service8.

In national government, the DA would:  Increase the number of operational SAPS members to 250 000. This would give us a ratio of one SAPS member to 202 citizens (or +-494 per 100 000 citizens) - a ratio that would put us above the international median, but is more appropriate for the level of crime experienced in South Africa.  Boost these numbers with a strong volunteer corps. The DA would provide the opportunity for South Africans to do volunteer service in the SAPS – with a particular focus on students who have recently completed Grade 12 and need the work experience. Volunteers would earn a small salary consistent with what is offered to employees in an Expanded Public Works Programme (EPWP). Upon completion of the programme, volunteers would have the option of being considered for the permanent police service or to qualify for an opportunity voucher to further their studies or start a small business.  Ensure that new SAPS members are appropriately trained. The DA would not sacrifice quality in an attempt to achieve higher quantities of police members. We would maintain high standards for recruitment and allocate sufficient funds to training for new members.  Improve recruitment practices. The high volume of applications for the available training slots in the police service makes effective evaluation very difficult. The DA would target advertisements and recruitment drives more specifically, would make certain requirements obligatory (e.g. Grade 12), would recruit directly from schools to reduce the need for the verification of

5 Minister of Police. 2012. Reply to DA Parliamentary Question No 1373, June 2012. Available. [Online]: http://www.pmg.org.za/node/31582 (May 2013). 6 South African Police Service. 2012. Annual Report 2011/12. Available. [Online]: http://www.saps.gov.za/saps_profile/strategic_framework/annual_report/2011_2012/General_infor.pdf (May 2013). 7 United Nations. 2010. ‘Twelfth United Nations Congress on Crime Prevention and Criminal Justice’. Available. *Online+: http://www.unodc.org/documents/crime-congress/12th-Crime-Congress/Documents/A_CONF.213_3/V1050608e.pdf (May 2013). 8 Bruce, D. 2013. ‘New Blood: Implications of en masse recruitment for the South African Police Service’ in South African Crime Quarterly. Vol 43. Available. [Online]: http://www.issafrica.org/publications/south-african-crime-quarterly/south-african-crime-quarterly-43 (May 2013).

educational information and use SAPS stations to recruit locally, setting up initial testing of smaller groups by a trained recruitment officer.  Improve shift management systems to ensure that minimum service level standards can be maintained.  Ensure that adequate staff accommodation is offered to police members in their initial years of service. b. Improving the performance and impact of the SAPS

While increasing the number of officers is important, this must go hand-in-hand with better preparation of these officers to keep citizens safe and training of the existing police service members to improve their performance.

Research based on spending figures from 2005 showed that South Africa spent more than double the international norm on criminal justice9. Between 2007/08 and 2013/14 the SAPS budget has almost doubled from R36.5 billion to R67.9 billion. These increases have mainly been driven by increased expenditure on compensation10.

Poor leadership and a lack of resources continue to constrain the SAPS’ ability to prevent and respond to crime.

Our crime problem cannot be solved by simply throwing more money at the system. The DA would ensure that priority is given to spending this money more effectively.

The DA would improve the performance of SAPS members by:  Enhancing station management skills. The DA would ensure that station commanders have the necessary management skills to account for their stations’ activities before they are put into that post and enable them to play a leading role in developing crime-fighting strategies appropriate for the areas which they serve.  Stopping political appointments. The DA would appoint people to leadership positions in the SAPS purely on the basis of their abilities and qualifications. There will be no more political appointments and nepotism will be rooted out. We would request a constitutional amendment to ensure that the National Police Commissioner is selected by a multi-party committee of Parliament - in the same way that heads of Chapter Nine institutions are selected, with the President performing only the formal act of appointment.  Building commitment and passion. The DA would recruit and retain people who are committed and enthusiastic about fighting crime, and for whom serving their country is a vocation and not just another job. Every potential new recruit to the SAPS would be subjected to detailed psychometric testing (based on international best practice) and criminal record checks.  Learning from international experience. The DA would ensure that international law enforcement best practice is incorporated into SAPS training and that all relevant SAPS members receive refresher courses to stay abreast of new developments.

9 Altbeker, A. 2005. ‘Paying for crime: South African spending on criminal justice’. ISS Paper 155. Available. [Online]: http://www.issafrica.org/uploads/115.PDF (May 2013). 10 Bruce, 2013.

 Ensuring all officers possess the right basic skills. The DA would ensure that minimum standards are applied with reference to SAPS members’ literacy skills, driving skills, and IT knowledge. New recruits would have to obtain a valid driver’s licence within the initial two year training period in order to be considered for permanent appointment.  Mandatory specialised training. The DA would make specialised courses mandatory for specific policing categories – such as specialised weapons training for all operational police members.  Opportunities for specialised training. Opportunities will be created for police officers to specialise in specific crime areas – e.g. sexual offences, crimes involving small children or drug- related crimes.  Refresher courses. The quality of the existing service must be continuously monitored and maintained by requiring existing members to participate in refresher courses on a rotation basis.  Mandatory fitness requirements. Compulsory weekly fitness exercises would be instituted at station level. The performance of each officer would be captured in his/her personnel file and count towards promotion and pay reviews.  An elite training academy. The DA would establish a training academy to identify police officers who show leadership potential and provide them with the training they need to fast-track their careers. They would receive practically orientated, on-the-job training from teachers who are experts in their fields.

To make sure that the police service is efficient and effective, the government must ensure that all SAPS members and stations have the necessary resources.

In this regard, the DA would do the following:  Professionalise logistics and stock management. The DA would create a national register of police resources which would allow for a comprehensive overview of all resources. Resources would be managed by experienced logistics managers to ensure that they are available where and when they are needed.  Adaptability in resource management systems. The DA would ensure that resource management systems are adaptable to demographic changes, crime trends changes and changes in the responsibilities of police members.  Issue every police officer with a full set of equipment. The DA would ensure that every police officer has his/her own full set of official police equipment on the first day of his/her deployment. This would include reflective and bullet-proof vests, batons, handcuffs, firearm and pepper spray.  Allow for local sourcing of equipment. Businesses and communities would be allowed to donate equipment and resources to their local police station. Station commanders would also have more freedom to acquire resources from local vendors.

There must be continuous scrutiny of policing standards. It does not serve South Africans to have policemen and women with the appropriate training and resources if standards are not monitored once they begin active duty.

In this regard, the DA would:  Enforce performance agreements. All SAPS members must be held to performance agreements. Those members who do not perform to standard must face disciplinary action.

 Reward performance. Where people do perform well, they must be appropriately recognised and rewarded through a well managed performance management system.  In its hiring and promotion policies the DA would aim to enhance diversity, but would prioritise performance and merit in human resource decisions. This would open the door to all members of society who have the skills, expertise and passion to serve the public. Appropriate consideration would be given to the potential of candidates in decisions around recruitment, staff training, career pathing and mobility in the workplace.  Provide mandatory psychological counselling. Psychological counselling must be mandatory to ensure that all functional members receive on-going psychological support and trauma debriefing. This would be achieved through collaborative partnerships with universities, who have social work and psychology graduates requiring field experience, and NGOs.  Expand the “watching briefs” piloted by the DA in the Western Cape. The DA-run Western Cape government has instituted “watching briefs” at courts to identify systemic failures. Watching briefs are undertaken either by trained legal experts in the department or postgraduate law students from universities in the province. They attend court cases to observe and report on the proceedings. Feedback and recommendations from “watching briefs” are presented to the provincial police commissioner in an effort to ensure that police support in legal processes is improved over time and that officers who neglect this duty are held to account. c. Guarding the guardians

To deliver an effective crime fighting and community protection service, the conduct and integrity of police service members must be above reproach.

Police officers should not flout the law, they should uphold it. We are seeing increasing levels of corruption, criminality and brutality in our police service.

The remilitarisation of the SAPS has not improved discipline and command and control as promised. We have seen increasing incidents of police brutality and lack of discipline. We need a professional, civilian police service. The DA supports the National Development Plan’s call for the demilitarisation of the SAPS. We also support the recommendation that there should be a review of the organisational cultures and subcultures which have developed as a result of the militarisation, demilitarisation and remilitarisation of the SAPS.

Active steps must be taken to rid the system of corrupt members, to end the scourge of police brutality and to ensure that police criminality is appropriately dealt with. This requires the commitment of senior managers in the police service and the necessary political will to enforce the existing regulations.

Corruption and misconduct In 2012, 1050 SAPS members were charged with corruption. South Africans see the SAPS as the most corrupt government department, taking over from Home Affairs11. In a survey conducted by the

11 Human Sciences Research Council (2012), http://www.corruptionwatch.org.za/content/sa-sees-saps-most-corrupt-within-state-survey; http://www.timeslive.co.za/local/2011/09/13/saps-to-bring-in-new-anti-corruption-strategy

Human Sciences Research Council, 66% of those surveyed saw the police as the most corrupt government officials.

Corrupt officials undermine the public’s trust in the police and make the lives of criminals far easier.

Corruption, misconduct must be tackled with conviction and determination.

The DA would:  Insist on zero-tolerance for corruption in the SAPS. We cannot have a situation where police officers convicted of corruption continue to work. Given their particular positions of responsibility, the law must allow that wherever an employee of the SAPS has been found guilty on any charge of corruption, dismissal must result.  Reinstate the Anti-Corruption Unit (ACU): The ACU was a successful police corruption-fighting unit that was closed down in 2002. This unit must be re-instated to act firmly to remove rotten apples from the SAPS.  Empower the IPID: The Independent Police Investigative Directorate (IPID) is mandated to oversee the conduct of the police. To do this, it must be properly empowered and equipped and led by a suitable head. The IPID must be given sufficient staff and resources to do its job properly and there must be consequences when members or station commanders fail to report incidents to IPID.  Encourage SAPS members to report corruption and attempted bribes through positive recognition for whistle-blowing activity and possible incentives for reporting bribery.

Police criminality Citizens should know that when they go to report a crime at a police station or when they encounter a police officer on the street, they will be safe. However, South Africans are losing trust in the police to keep them safe.

In 2011/2012, the IPID received 4 923 complaints in relation to the actions of SAPS members. Of these, 720 were deaths in police custody or by police action, 2 320 were allegations of criminal offences and 1 795 were misconduct cases. These are only the complaints which are reported to the IPID, the real number could be much higher as stations often do not refer complaints to the IPID.

Furthermore, 144 SAPS members were charged with murder, 91 with rape and 38 with armed robbery in 2011/201212.

Officers are often not suspended and remain on active duty despite facing criminal charges. Those who are suspended often only face internal disciplinary action. This should not be the case, they should face a court of law.

The DA would:  Suspend police accused of criminal offences. Police officers who are under investigation or have been charged with any criminal offence should immediately be suspended pending the outcome

12 Parliamentary reply 1688

of an investigation. To restore public trust in the police, police officers facing criminal charges should not be allowed back to work until they are cleared of all allegation and charges.  Ensure those found guilty serve time. If IPID finds a police officer guilty of a criminal offence, he or she must be dismissed and criminal cases must be referred to the criminal justice system. Police officers should not be above the law, they should uphold the law.  Endeavour to provide two tamperproof cameras on every operations vehicle to provide visual and audio evidence of members’ actions.

Police brutality In recent years, the use of excessive force by the police has become more extensive and more public, suggesting that the police feel they can act with impunity. This is as a result of poor discipline and insufficient sanctions for misconduct.

South Africans today fear the police and government has done little to change that perception. The DA will ensure that South Africans regain trust in the ability of the police to keep us safe rather than cause us harm.

The DA would:  Establish a Judicial Commission of Inquiry into police brutality. In order to fully understand the problem of police brutality, we need to know the extent and causes. This would be a short term goal which would lead to long term solutions to the problem.  Ensure that police are properly trained and equipped to handle protest situations. Data accessed from the police by Media24 investigative journalists suggests that South Africa had 3 000 service delivery protests from January 2009 to January 2013 (thus: at least once every two days)13. An increasing number of these protests are violent. These have often resulted in members of the public being injured by the police or in the death of individuals. A properly trained and equipped Public Order Policing Unit is necessary to ensure that protests do not turn violent and that there is therefore no need or opportunity for the excessive use of force.  Police officers receive adequate trauma counselling. Dealing with violence and trauma on a daily basis turns violence into the norm. The DA would ensure that there are sufficient psychologists and trauma counsellors to service the SAPS. Monthly trauma counselling would be mandatory for all police officers.  Strengthen IPID to investigate police brutality. Promote public awareness of the role of IPID in addressing police misconduct and ensuring that the unit is appropriately resourced to fulfil its mandate. d. Greater autonomy for police stations

Crime threats vary drastically from community to community. Yet the SAPS follows a centralised crime-prevention and crime-fighting strategy. This often undermines the ability of police stations to respond to the very specific needs of their communities.

13 Saba, A. & Van der Merwe, J. 2013. ‘SA has protest every two days’, on News24. Available. [Online]: http://www.news24.com/SouthAfrica/News/SA-has-a-protest-every-two-days-20130121 (May 2013).

Localised responses are also hampered by the lack of information on local crime conditions. Police stations may, for example, not share information on a particular crime problem in their areas with other bodies that might be able to assist in tackling the problem. Crime statistics can only be released at national level.

It is necessary that all stations comply with a basic national regulatory framework in terms of, among other things, salaries, investigative procedures and a code of ethics. Within that, however, the DA believes that individual police stations can make a greater impact in the war on crime if they are given more autonomy.

Section 206(1) of the Constitution holds that the national police minister must “determine national policing policy after consulting the provincial governments and taking into account the policing needs and priorities of the provinces as determined by the provincial executives”. It goes on to say that “the national policing policy may make provision for different policies in respect of different provinces after taking into account the policing needs and priorities of these provinces”.

The DA government in the Western Cape consults with a range of stakeholders, including leaders from business, the religious sector, farmers' organisations, NGOs, research institutions, community policing forums and neighbourhood watches in compiling a provincial report on policing needs and priorities. This information informs the province’s approach to community safety and is presented to the national Police Minister to guide national policy development.

In national government, the DA would:  Encourage local initiatives: Stations must be encouraged to develop innovative and localised crime fighting strategies according to their specific needs.  Provide greater budgetary freedom: For example, often station commanders are prevented from hiring staff promptly and according to their specific needs because of centralised recruitment practices. If processes were localised, stations would be able to deal with staff shortages much more effectively.  Allow for local sourcing of equipment: Police stations must be allowed to purchase equipment directly from approved suppliers from an annual budget based on station needs.  Localise accountability and oversight: Police stations must be accountable at some level to the communities in which they work. The DA would require Community Policing Forums to conduct their own assessments of the performance of local police officers. These assessments would feed into the performance review process for specific stations.  Sharpen up performance management. Together with greater local responsibility must go greater accountability. The National Crime Information System must be directed at producing weekly station commissioner profile reports containing statistics such as the amount of overtime generated by members, the number of vehicle accidents, absentee rates, and the number of civilian complaints lodged against members of the unit. This must then be fed into performance management systems.  Ensure that all provinces produce detailed Policing Needs and Priorities Reports that can guide localised crime responses and inform national policy.

e. Oversight and the DA’s Community Safety Act

Proper oversight can act as a catalyst for improved police performance.

In March 2013, the Western Cape legislature passed the Western Cape Community Safety Act to improve provincial oversight over the police service.

The Act gives effect to Section 206 of the constitution that requires provinces to identify their own policing needs and priorities, to “oversee the effectiveness and efficiency of the police service” and to “promote good relations between the police and the community”.

Important provisions of the Act include the following:  It makes the identification of provincial policing needs more transparent and holistic by guiding the interactions that will underlie the provincial policing needs and priorities report and by requiring that it be debated regularly in a multi-party forum in the Provincial Parliament.  It provides for a provincial police ombudsman to investigate complaints about poor service delivery, police inefficiency and a breakdown in relations between the community and police.  It strengthens co-operative governance and safety partnerships by strengthening the role of community police forums, neighbourhood watches and community safety structures that act as intermediaries between the police and community and that play a safety role in society.  Mandatory reporting by the provincial police commissioner and head of the municipal police service on matters relating to their efficiency and service delivery in order to monitor and assess the efficiency and effectiveness of the police service. Reports include the number of issued firearms lost and stolen and how many arrests resulted in a prosecution and of those, how many convictions were secured.

DA members in other provinces will be introducing similar legislation through Private Member’s Bills in provincial legislatures.

When we become the governing party in other provinces across the country we will drive legislation to improve provincial oversight over the police.

In national government, we will encourage provinces to fulfil their constitutionally provided oversight role over the police and to engage with national structures to develop appropriate, localised responses to crime.

1.2. General crime prevention interventions

In terms of the so-called “crime triangle” the following is necessary for a crime to occur: (i) a motivated offender, (ii) a victim or crime target and (iii) the absence of capable guardians that gives a motivated offender the opportunity to commit a crime.

Crime prevention strategies must seek to remove both the motivations for criminal activity and must reduce the opportunities for crime through effective policing and effective community involvement.

a. Crime reduction tactics

By identifying likely perpetrators of crime, it is possible to target prevention initiatives in a more direct and focused way. Not only is it vastly less expensive to divert a potential criminal away from crime than to support him or her in prison, but diversion also helps to build a better, safer society and stronger communities.

These initiatives would be aimed at, firstly, diverting youth at risk of a life of crime and, secondly, ensuring that the most likely potential criminals are closely monitored.

Early interventions The earlier they begin, the more effective diversion tactics are likely to be. The DA will therefore work with social workers and civil society organisations to develop protocols for the early identification of children who demonstrate characteristics that render them at risk of indulging in criminal behaviour and to involve such children in programmes that can divert them away from criminal activities.

Programmes for national roll-out will be based on best practice identified in successful programmes and feedback from social workers and youth practitioners involved in such programmes.

Early interventions should also include sport and physical education programmes that offer structured extracurricular options to young people. These programmes not only serve as recreational alternatives to high risk behaviours, but have also proven successful in instilling positive values and improved decision-making skills.

In national government, the DA would ensure that:  Teachers are trained in spotting the tell-tale signs of youth at risk;  Multi-disciplinary counselling teams are available to guide care-givers, teachers and community organisations in developing appropriate interventions;  Mentors are appointed to guide these children;  Effective use is made of School Resource Officers who have received training in counselling, conflict management and problem solving and who can contribute to crime prevention by changing the attitudes and behaviour of learners and school staff; and  Mass Participation and Opportunity Development (MOD) centres, which provide learners with a safe place to learn and to participate in cultural and sport activities after school hours, are rolled out nationally.

Targeting youth “at risk” More formal intervention programmes would be made available to those children who do not respond to early interventions, and who become involved in more serious problems (including drug addiction or petty offences).

Programmes can be based on the highly successful Chrysalis programme pioneered by the provincial government in the Western Cape. This programme was initiated in 2000 and is aimed at young men between the ages of 17 and 25, when they are most vulnerable to involvement in criminal activity. It

uses a three month empowerment training programme during which participants are exposed to life skills training and a range of practical courses, such as metalwork, construction, car maintenance, electrical circuitry, security, business administration, catering or basic computer skills.

Upon completion of an intervention programme, trainees would be deployed to positions in both the public and private sector for a six month period for on-the-job-learning. Throughout their training, trainees would participate in a community service activity of their choice (as is the case in the Chrysalis programme.

Finally, trainees would be monitored for at least five years after completion of the programme to ensure early intervention should they exhibit risky behaviour.

Longer interventions can be balanced with shorter weekend youth academies supporting learners at risk.

It must be a priority to keep young people out of prison, where criminality can be entrenched. Diversion programmes and alternative sentencing options should be seriously considered for first time offenders.

Focus on the main perpetrators Research shows that a small pool of offenders (less than 10%) are responsible for more than half of the crimes that are committed14. This is particularly true in South Africa, where recidivism rates are estimated to be between 67% and 94%15. By intensifying the efforts to identify repeat offenders and by focusing on finding appropriate programmes for them in the criminal justice system, it would be possible to cut crime rates dramatically.

In national government, the DA would ensure that:  Information systems allow for the identification of repeat offenders, particularly those who have been involved in violent crime. Probation officers, prison officials, social service agencies, crime intelligence officers and other relevant parties must be able to gain access to information on repeat offenders in a particular area. This would facilitate more dedicated support to such offenders. b. Enhancing crime prevention collaboration

Better co-ordination between crime prevention activities in different levels of government In South Africa, different levels of government have different responsibilities with regard to crime and safety.

The SAPS is a national competency which falls under the National Department and Minister of Police. The SAPS is responsible for16:  Preventing, combating and investigating crime;

14 Siegel, L. 2009. Introduction to Criminal Justice. 12th edition. Belmont: Wadsworth. 15 Jolingana, N. 2011. ‘Acting Commissioner Jolingana welcomes the launch of a prison ministry’. Available. *Online+: http://www.info.gov.za/speech/DynamicAction?pageid=461&sid=16560&tid=28976 (April 2013). 16 GCIS. 2012. SA Yearbook. Johannesburg: Government Printers.

 Maintaining public order;  Protecting and securing South Africans and their property; and  Upholding and enforcing the law.

The DA can only make changes to SAPS management and effectiveness when we are elected to national government.

Provincial Community Safety Departments and Provincial Ministers determine provincial policing needs and priorities, promote good relationships between the police and communities and have an oversight role over the police and police performance. We are managing this responsibility in the Western Cape and would like to duplicate our successes in other provinces where we are elected as the provincial government.

Metro Police is a local government competency managed by metro councils. The mandate of the Metro Police is limited to crime prevention, traffic policing and by-law enforcement. The DA-run City of Cape Town is responsible for the Metro Police in the city. We can implement programmes in Cape Town as far as our mandate allows, but must be elected as the governing party in more metropolitan areas before we can effect change in the way that Metro Police services operate in other parts of the country.

The DA believes that there is significant scope to improve information sharing and co-operation between different levels of government and the policing units for which they are responsible. This could include:  the establishment of joint task forces to tackle priority crimes;  better use of closed circuit television (CCTV) systems as a mechanism to fight crime and secure convictions against perpetrators;  coordinated efforts to increase visible policing in crime hot-spots; and  using data from community policing forums (CPFs) to prevent and respond to crime and improve police effectiveness.

In addition, we will continue to lobby for greater powers for provincial governments with regard to the police service in the communities under their care.

Connecting communities with SAPS To prevent crime, we need a “whole of society” approach where government, communities, families and individuals understand and act upon their specific responsibilities to create a safer society for all South Africans.

Yet, although South Africa boasts a strong civil society and active communities, their involvement in crime prevention receives little official encouragement. Where community crime-fighting operations do exist, they receive virtually nothing by way of recognition or support. The private sector is prevented from making specific donations to police stations, and information on crime that communities would need to conduct their own prevention initiatives is shared reluctantly and with many delays.

The DA wants to involve citizens and institutions in the private sector in the war on crime and to acknowledge their contributions.

In the Western Cape, the DA has significantly increased the financial support to CPFs and neighbourhood watches. The party has also piloted Expanded Partnership Programmes (EPPs) with 32 CPFs in which web-based feedback tools are used to record the activities and oversight of the forum. Measurable standards for service delivery are linked to a funding model which then allows CPFs to invest in the resources they deem necessary to fulfil their role.

EPPs allow for structured problem resolution, improved communication and focused training and other support interventions. They also provide the provincial government with essential feedback on the efficacy of police services on the ground and can thus be used to improve service over time.

Private sector involvement in crime prevention can also be boosted through “rent a cop” programmes, based on the successful model implemented in certain areas in the City of Cape Town. Through this programme, an organisation in a particular area (for example a specific City Improvement District) can sponsor a dedicated police officer to patrol the area. These officers are not pulled from existing resources, but are recruited as additional resources who receive training sponsored by the organisations involved. “Rent a cop” officers can be pulled back to assist the Metro Police where serious operational needs arise.

The DA would build a whole of society approach to crime through the following:  Open communication and information sharing. Official information on crime is currently shared with the public far too infrequently and in far too little detail. The DA would ensure that all organisations involved in crime prevention have all the information they need to do their jobs. We would also implement systems, such as SMS and email communication networks, to allow information on criminal activities to be shared between communities and the police.  Creating partnerships. The DA would ensure that collaborative initiatives (such as between private security firms, Metro Police and the SAPS) and private sponsorships are actively facilitated. Regulatory frameworks such as the SAPS Act should clearly state that public-private partnerships are to be allowed, and local governments and businesses should be permitted to collaborate with the police to solve problems at the local level – including through “rent a cop programmes”.  Empowering station commanders. The DA would give station commanders the authority to engage in strategic locally-based partnerships with business and other relevant stakeholders. There are many businesses that specialise in security-related work and who are eager to help by offering expertise, training or resources, but find it almost impossible to solicit interest from government officials. By empowering station commanders to work with interested parties, we can engage creatively with a wide range of possible solutions to fight crime at the local level instead of centralising everything at the national level.  Encouraging community involvement. The DA would empower communities to set up and manage their own community safety initiatives, such as street patrols and block watches, by supporting these initiatives with funds, training or equipment as much as possible.

 Providing for local police services. Where local councils have the means and the desire to, they must be permitted to establish their own local police services, which must operate in conjunction with the local SAPS. Such services allow for dedicated attention to particular problems in particular areas, and have proved to be enormously helpful in combating crime in some parts of the country.  Empowering Community Policing Fora. The DA would give CPFs greater independence and more oversight over their local police stations. These fora would be able to access funds set aside by government for safety and security initiatives at the local level.  Initiate the national roll-out of EPPs through which the role of CPFs can be formalised and that allows them to secure funding for their activities.  Championing the right to self-defence. Citizens must have the right to defend themselves and their families when in danger. If a property-owner injures or kills a criminal on his or her own property, an investigation must always be conducted openly and fairly.  The DA supports the right of law-abiding citizens to own and carry firearms, provided that reasonable safety requirements are met. Applications for firearm ownership must be processed efficiently. Unreasonable delays and rejected applications without reasons are not in the best interests of a society that should be empowered to protect itself against crime.

The private security sector The private security sector requires particular attention. South Africa has the largest private security industry in the world and there are currently around 400 000 private security guards who are active in the industry17. There are more than twice as many active, registered private security officers as there are members of the SAPS.

Yet these two sectors, although they share many of the same functions, currently operate on entirely separate tracks. Enormous resources for combating crime therefore lie untapped. If properly harnessed, there would be a combined crime fighting force of more than 557 000 personnel.

By improving collaboration between the private security sector and the SAPS, we can strengthen the fight against crime.

This would require giving increased powers to private security officers. This must be accompanied by proper oversight mechanisms, including the requirement that all private security guards must be registered and must receive appropriate training should they carry arms.

The DA would:  Enhance the legal powers of security personnel. Private security personnel have the same limited powers of arrest and search and seizure as ordinary citizens. If the private security sector is to collaborate more strongly with the SAPS, these powers would need to be strengthened so that they become more closely aligned to those of SAPS officials.  Support appropriate regulation of the Private Security Industry. Regulation of the industry must be aimed at strengthening its role in crime prevention and crime fighting; ensuring consistent

17 Minister of Police, N. Mthethwa. 2012. ‘South Africa has world’s largest private security industry; needs regulation’. On DefenceWeb. Available. [Online]: http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=28306:south-africa-has-worlds- largest-private-security-industry-needs-regulation-mthethwa&catid=7:Industry&Itemid=116

standards of service delivery; ensuring that all private security personnel receive training appropriate to their roles; and establishing appropriate oversight over the industry.  Introduce a private security tax rebate. Many people and businesses pay towards their own safety through both taxes and private security expenses and should be compensated for the state’s failure to guarantee their personal safety. The DA would ensure that a tax rebate of 10% of annual private security expenses per capita is available for registered businesses and taxpayers. c. Crime hot-spots

An integrated criminal justice information system must make it possible to monitor crime rates across the country, to identify spikes and to isolate areas where particular crimes are especially problematic. Police stations located in areas plagued by particularly high crime rates must be targeted for assistance.

In areas where certain categories of crime exceed defined levels, the DA would:  Man police stations with appropriately skilled officers;  Ensure that specialised equipment is available as required;  Allocate additional resources for security at these police stations; and  Prioritise specialised training for the particular problems of that area. d. Using technology effectively

The effective use of technology improves the detection of and response to crime. Whilst it is important to balance the cost of additional technologies with the efficiencies introduced through its use, the DA supports the use of technological and communications advancements in the war against crime.

Interventions that will be explored or expanded include the following:

 The use of handheld consoles or smart-phones linked to police stations through which officers can update crimes reported and arrests made in real time – thus improving the accuracy of crime statistics (more detail on this in section 2.1).  The effective use of CCTV units and monitoring – as per the model currently used in the City of Cape Town in which more than 800 CCTV cameras across the city are monitored in a central management centre, allowing pro-active responses to crime giving the SAPS information to build cases against the perpetrators of crime.  The use of Gunfire Detection Technology, which uses sensors and software to triangulate and pinpoint the precise location of gunshots fired outdoors. Detailed incident data can be instantly sent to an Operations Centre to process data and alert response teams and investigators.  Licence plate recognition cameras to aid in the response and investigation of crimes involving motor vehicles. Research suggests that around 85% of serious crimes involve vehicles.  Using social media to interact and collaborate with communities in high-crime areas and to monitor customer satisfaction with police services.  Using Integrated Spatially-enabled Response Management Systems (ISERMS), to ensure that the SAPS and Metro Police can communicate directly with other agencies, including Fire or Disaster

and Risk Management or Provincial Ambulance Services, in responding to the same event or incident.

Step 2: Detecting and Responding to Crime

In addition to interventions to discourage crime before it occurs, we must improve the way we fight against crime when it does occur.

First, the SAPS must have proper information systems in place to be able to identify, track and analyse crime. Second, its must be able to focus clearly on specific categories of crime in order to respond appropriately.

2.1 Managing information

Successful crime control depends on being able to collate and analyse information about criminals, crime trends and details of specific crimes.

It also requires that this information must be distributed to people who can use it to help catch criminals. a. An Integrated Criminal Justice Information System

Currently, data-capturing and data-retrieval systems relating to crime are cumbersome and labour- intensive, making it difficult for both the police and ordinary citizens to understand and respond to crime and crime trends.

Winning the war on crime requires that information on crime be captured accurately and be distributed promptly to those who can use the information.

Central to the DA’s vision in this regard is the use of technology.

We live in an age when computer technology is both widely available and capable of storing and organising vast amounts of information. Advances in computer software also allow for detailed real- time analysis. There is thus no reason why crime statistics should only be released once a year, and even then be up to eighteen months old.

An integrated, publicly accessible criminal justice information system will give communities, policymakers and civil society organisations reliable information on crime, prosecutions and correctional activities. Such a system would give the public an accurate idea of crime patterns, allow people to focus on what is really happening in their communities, and allow problem-specific solutions to be driven at the local level. A better informed public would be able to modify their behaviour by, for example, avoiding crime hotspots.

The DA believes that:  Real-time crime statistics should be publicly available at every SAPS station so that tailored and localised responses to crime can be formulated and implemented timeously.

 Comprehensive quarterly reports on crime statistics and trends should be presented to Parliament and the public.  The Departments of Police, Justice and Correctional Services must use an integrated criminal justice information system that allows for information to be captured and crimes to be tracked from the moment they are reported.  All essential staff in the police service must have access to e-mail and the internet.

An effective integrated criminal justice information system will be characterised by the following:  A central, electronic crime statistics database that is integrated with statistics from the Departments of Justice and Correctional Services;  Information on (i) reported crimes per crime category, (ii) whether a crime is being investigated and the details of the responsible officer, (ii) status of suspects per crime in terms of arrest and bail, (iii) referral of cases to court, (iv) conviction rates and (v) status of sentences and parole.  Real-time updates of crime statistics that are captured as they occur or are reported.  Police stations that have the necessary IT equipment and police officers that are trained to use this equipment to capture information.  Mandatory scanning of all dockets opened and automatic back-ups of information at regular intervals on different access-controlled discs, so that it is impossible for dockets to go “missing”.  Different access levels would allow privacy concerns to be addressed and confidential information (such as victim or informer details) would only be available to those who are legally entitled to access such information, such as the victim or the victim’s family. General members of the public would be able to access general crime information, while victims would be able to access their dockets with their case number and a docket-specific password issued to them by the investigating officer.  Remote access to the system by police members out on patrol via cell phone or tablet.  In line with the principles that define an Open Society, an information management system must allow for members of the public to access it online and generate their own reports by user- defined categories. Whilst sensitive information or information that may compromise operations will be kept secure, basic crime statistics and tracking of cases should be accessible to the public.  On a weekly basis, every police station must make available to the public and to provincial and divisional commissioners a statistical summary of the week's crime complaints, arrests and summons activity, as well as a written report of significant cases, crime patterns and police activities. This would make it easier to generate regular reports summarising weekly, monthly and yearly trends. Emerging and established crime trends, as well as deviations and anomalies would be easily detectable, and particular interventions could then be aimed at these problems. b. Crime statistics we can trust

In order to ensure reliable analysis of the crime situation in our country, it is essential to have accurate and verified statistics on the nature, level and geographic spread of criminal activity. Without in-depth, independently audited statistics, devising and implementing effective strategies to fight crime is impossible.

Crime statistics are currently:

 Out of date by the time they are published, reducing their usefulness in developing real-time responses to changing crime trends;  Open to manipulation, as they are not independently audited nor correlated with victim surveys;  Difficult to interpret, as they lump certain categories of crime such as domestic violence, gang- related violence and violent public protests into larger categories.

The DA would:  Establish an independent body to take responsibility for the collation and reporting of crime statistics, taking into account victim surveys and under-reporting.  Establish a computerised integrated criminal justice information system managed by an independent crime statistics body.  Make real-time crime statistics publicly available at all SAPS stations so that tailored and localised responses can be formulated.  Modify reporting systems to reflect specific categories of crime such as domestic violence, gang- related violence, farm attacks, cybercrime, hate crimes, xenophobic attacks and public violence.

c. Cross-referencing finger-print records

Finger-prints must be taken for an identity book to be granted. As a result, almost every South African has his or her finger-prints recorded in a database at the Department of Home Affairs. The Department of Transport also keeps fingerprints for all South Africans who apply for drivers’ licences. This is an enormous body of information that could be harnessed to catch criminals.

The Criminal Law (Forensic Procedures) Amendment Act came into effect in 2013. This Act gives the SAPS access to the fingerprint databases of the Department of Home Affairs and the Department of Transport in, among others, criminal investigations and identifying missing persons.

The implementation of this act must now be strengthened through standard operating procedures around data access and the integration of IT systems to allow access by the SAPS.

The DA believes that this Act is a step in the right direction and that its full implementation must be supported through the necessary regulations and systems.

2.2 Processing criminal evidence

Law enforcement officers do not only need to be able to collect information, but they also need to be able to use this as evidence to successfully prosecute offenders. a. Improving Forensic Science Laboratories

Successful prosecutions depend on being able to properly process crime scene evidence. Forensic Science Laboratories (FSLs) are responsible for this function.

However, they are unable to do this with anywhere close to the speed and efficiency required. The laboratories are grossly under-resourced, poorly maintained and are suffering from an acute skills

shortage. There are not enough laboratories to meet the need. As a result, these laboratories currently have a backlog of 20 612 case exhibits (up from 6 068 in 2007)18.

This undermines investigations and makes it very difficult for prosecutors to secure convictions.

In order to improve the effectiveness of the FSLs, to reduce the backlogs and to restore faith in this crucial component of the criminal justice system, the DA would prioritise the following when in national government:  Considering a Public-Private partnership to allow FSLs to operate independently of the SAPS. The entity would be bound by strict operating conditions and service delivery targets, but would have independence in terms of staffing, recruitment requirements, building and laboratory maintenance and equipment tenders.  Partnering with universities and universities of technology to create post-graduate forensic science degrees and courses tailored to the specific needs of forensic laboratories. This would reduce the long in-house training periods currently required to get staff at laboratories operational.  Offering bursaries, via the SAPS which would require bursary holders to work at the laboratories for three years after graduation.  Ensuring high standards of training. Research indicates that many crime scene samples of evidence are rendered useless through faulty collection methods. The DA would ensure all first responders receive basic forensic awareness training and that those who gather evidence at crime scenes are fully trained on evidence-gathering techniques and equipped with the necessary tools to handle samples effectively.  Establishing a Forensic Training Academy to take responsibility for forensics-related training within the SAPS and collaboration with national and international academic institutions.  Eradicating vacancies. All vacancies in FSLs would be filled by qualified and experienced people. We would pursue all possible avenues, including recruitment campaigns in other countries, to fill these vacancies.  Implementing staff retention strategies that focus on salaries, working conditions, performance incentives, on-going training and career-pathing. If the public service cannot compete with the private sector in terms of salaries, then it must be able to offer a competitive package in terms of working conditions, flexible hours, training and development.  Set targets for sample processing. The quicker the turnaround time, the sooner critical evidence can be presented at court and justice served. In 2011/12, around 23% of case exhibits were not processed within the target of 28 working days. Targets must be set for all laboratory staff, and performance in terms of these targets must be considered in decisions on performance-related bonuses and promotions.  Build more FSLs. Only four FSLs fall under the SAPS. These laboratories have to deal with cases from all nine provinces. Further testing is done by chemistry laboratories that fall under the Department of Health. These laboratories are, however, particularly ineffective, with only 41% of samples being processed within the targeted 28 working days. The DA would ensure that there is an integrated facility in every province equipped for the analysis of all case exhibits. The

18 Phahlane, J. 2013. Information provided to the Portfolio Committee of Police at a briefing on SAPS Strategic and Annual Performance Plan 2013: Programme 3: Detectives. Available. [Online]: http://www.pmg.org.za/report/20130418-saps-strategic-and-annual- performance-plan-2013-programme-3-detectives (May 2013).

DA would also reconsider the role of laboratories managed by the Department of Health in dealing with forensic evidence from crime scenes. These facilities are not currently providing effective support to the criminal justice system. b. Better detection

The detective component of the SAPS, assisted by Crime Intelligence wherever necessary, is critical in the fight against crime because it ensures that successful convictions can be obtained once arrests are made.

Detectives must be trained to manage crime scenes, to collect the necessary evidence, to manage the processing of evidence and to analyse evidence to support cases made against suspected criminals.

South African detectives are over-worked and under-trained and Crime Intelligence is in disarray. As a result of the deficiencies in both the detective services and in Crime Intelligence, many criminal cases are thrown out of court because evidence has not been properly gathered.

A Public Service Commission Report released in September 2012 showed that 70% of police stations did not have sufficient detectives to maintain manageable case loads; that a lack of career prospects encourage detectives to transfer to the uniform branch of the service; that nearly 1 of 5 detectives have not been trained in the “Detective Learning Programme”; and that almost 50% of police stations did not have sufficient computers19.

The Institute for Security Studies recommends that the SAPS should increase the number of detectives to at least 20% of officers (thus around 31 500) to reduce the average workload of detectives20. This means that approximately 8 500 additional detectives must be appointed.

An increase in the number of detectives will, however, be meaningless if they are not appropriately trained for the role they must fulfil.

To improve the efficacy of detective services the DA would:  Employ 8 500 more detectives. The DA would ensure that an additional 8 500 detectives are brought into the SAPS to bring detective numbers to 31 500. In addition to more vigorously encouraging the promotion of suitable candidates from within the SAPS, the DA would allow for lateral entry into the SAPS detective branch from the private sector by means of a points test. Candidates with the necessary education, work experience and/or practical skills would, on completion of the relevant training courses, automatically qualify for admission to the detective service.  Ensure that all SAPS members are trained in basic crime scene management during their initial training period.

19 Public Service Commission. 2012. Report on Inspection of Detective Services. Available. [Online]: http://www.psc.gov.za/documents/2012/Police%20Report%20Complete.pdf (May 2013). 20 Burger, J. 2012. Comment made during the Detective Dialogues: Detective Services in SAPS: roles, training, careers, modernisation and other challenges. Available. [Online]: http://www.pmg.org.za/report/20120905-detective-dialogue-%E2%80%93-topics-include-role- detectives-fight-against-cri (May 2013).

 Ensure that all detectives do at least six months of basic training and six months of field work before being considered for specialisation as detectives.  Ensure that all SAPS vehicles are equipped with basic equipment to collect evidence effectively, including: barrier tape, gloves, shoe covers and masks.  Eliminate resource shortages. The DA would improve the working conditions of detectives by ensuring that they are supplied with (among other things) sufficient vehicles, cell phones, and IT equipment to do their jobs.  Develop high quality training in cooperation with private training institutions. The SAPS must offer a series of intensive, high-quality training courses designed to fast-track lateral entrants in order to enable such entrants to be fully functional within 12 months of selection.  Revitalise Crime Intelligence by removing SAPS political deployees at all levels and increasing oversight over Crime Intelligence to improve both the efficiency and financial governance of the service (e.g. to prevent a reoccurrence of the looting of the Crime Intelligence Fund).

2.3 Targeting specific crimes

A one-size fits all approach to policing ignores regional differences in crime priorities, does not support efficient allocation of police resources and does not allow for the level of specialisation required to deal with specific categories of crime. Specific strategies and dedicated units are required to deal with particular crime problems. a. Reinstating the specialised units

Specialised SAPS units that previously tackled particular categories of crime have been systematically dismantled by the ANC government.

International best-practice shows that specialist police units are essential in the fight against crime because they allow for the development and retention of expertise in specific crime areas.

As consolidated units, they generate less of a demand on resources. As dispersed units, resources and equipment must be multiplied.

Great successes have been recorded by specialist units, including:  The Western Cape Railway Police Unit that, in its first year of operation, reduced crime on public transport by 60%;  The Directorate of Special Operations, or Scorpions, that meaningfully increased conviction rates for corruption, money-laundering and racketeering;  The Copperheads taskforce in the Western Cape that brought about significant reductions in the financial losses resulting from metal theft; and  The Family Violence, Child Abuse and Sexual Offences Units that, in the year before they were disbanded, dealt with over 60 000 cases and made more than 28 000 arrests.

The converse is also true. Where specialised units have been disbanded, the categories of crime at which they were targeted tended to soar.

The DA supports the reinstatement of specialised units for priority crimes.

In this regard, the reinstatement of the Family Violence, Child Protection and Sexual Offences Units is a step in the right direction.

The DA would, at minimum, create the following specialised units:  The Narcotics Bureau;  The Anti-Hijacking Units;  Rural Safety Units;  Stock Theft Units; and  Gang Units.

Specialist SAPS units must be expanded to ensure that there is one of each unit in every district where that crime is prevalent.

Specialised units must be sufficiently empowered and provided with adequate resources, personnel and equipment to fulfil their mandate.

A comprehensive review must be conducted on the mandates, continued relevance and performance of existing specialised units, including the VIP protection unit, Crime Intelligence and the National Intervention Unit. Where necessary, these units must be streamlined, adapted or retrained to perform their mandates effectively. b. Confronting rural safety

Rural safety presents a special problem requiring particular attention.

In 2006/7, the South African Police Service made a conscious decision to stop reporting farm murders and attacks as a separate statistic. These figures are now reported under house robberies and murders. Data estimates from the South African Institute for Race relations show that farming communities are disproportionately vulnerable to violent crimes and robberies. AgriSA also estimates that the farming industry lost around R1 billion per year to the theft of farm equipment, 21 livestock and other produce .

To ensure the safety of farming communities, the DA would:

 Establish a specialised rural safety unit within the SAPS.  Deploy specialised Rural Reaction Units to clearly identified rural crime “hotspots” on a rotating basis.  Improve rural crime intelligence gathering. The creation of a SAPS Rural Intelligence Centre would improve the gathering and analysing of rural crime information and thus better inform crime prevention initiatives.

21 Radebe, H. 2012. ‘Stock theft costs SA R430 million in a year’, in Business Day. Available. [Online]: http://www.bdlive.co.za/business/agriculture/2012/12/10/stock-theft-costs-sa-r430m-in-a-year (April 2013).

c. Fighting drug and alcohol abuse

There is a direct link between substance abuse and criminal activities. People commit crime to feed their addictive habits and while they are under the influence of addictive substances, they often become violent and abusive. Crime statistics for 2011/12 showed that drug-related crimes have more than doubled in the eight years from 2004 to 2012, with just over 84 000 cases reported in 2004/5 increasing to 176 307 reported cases in 2011/1222. An estimated 60% of all crimes were related to substance abuse.

Therefore reducing the levels of drug and alcohol abuse will go a long way towards reducing crime.

South Africa lacks a coordinated whole-of-society approach to drug abuse and drug-related crimes. The Central Drug Authority (CDA) is mandated to coordinate the work of different government departments and must implement the National Drug Master Plan. However, these initiatives have so far failed to prove their worth, the CDA remains seriously under-capacitated and the political attention devoted to drug problems suggests an under-estimation of the nature and extent of its consequences – including its impact on domestic violence, gang-related crime, human trafficking, and road deaths.

In the DA’s vision of an Open Opportunity Society for All, drug dealers are not able to roam the street and families and communities are free from crimes perpetrated by substance abusers. The law is applied unfailingly to drug dealers, and addicts are provided with adequate help and support in overcoming their addictions.

The DA would:  Reinstate the Narcotics Bureau. A dedicated unit within the SAPS to fight drugs would be in a position to co-ordinate an assault on drugs far more effectively than police officers working individually.  Properly resource the Central Drug Authority. The CDA, which advises the government on drug abuse, must not be just a symbolic gesture, it must be properly funded and staffed to make a real difference.  Create a public-private partnership to fight drugs and crime. The DA would establish a public- private partnership between government and civil society to lead the fight against drugs and crime. The activities of credible NGOs that specialise in targeting drug addiction and rehabilitation must receive more support.  Strengthen border security. By improving our border security, we would make the shipping of drugs in and out of the country far more difficult.  Ensure better trans-national support. South Africa’s relationships with neighbouring countries can be improved in terms of resource pooling (expertise, training, equipment, etc.) as well as joint exercise collaboration (e.g. in border patrols, joint criminal investigations or fighting international drug and crime cartels).

22 SAPA. 2012. ‘Drug related crimes soar’, on IOL News. Available. *Online+: http://www.iol.co.za/news/crime-courts/drug-related-crimes- soar-1.1387614#.UZSJfKJ-5qM (May 2013).

 Devote sufficient funds to rehabilitation. The long waiting list for existing rehabilitation centres emphasizes the enormous need for more of these facilities. State funds must be more readily available for properly accredited rehabilitation centres.  Increase the number of addiction treatment centres to broaden access to rehabilitation programmes.  Expand drug rehabilitation programmes in prison and ensure that continued drug abuse is considered in decisions around parole and early release.  Make use of random drug testing in schools where appropriate. The DA would require that at least one teacher per school be trained in conducting drug tests, and that random tests are conducted regularly in problem schools. Regular testing would enable the expansion of early intervention programmes for children and adolescents vulnerable to drug addiction.  Prioritise funding for combating alcohol abuse. The establishment and funding of programmes to address the socio-economic impact of alcohol abuse, preferably with co-operative arrangements with churches and other community organisations, must go hand-in-hand with more vigorous efforts to reduce alcohol abuse.  Clamp down on illegal liquor sales. The DA would be uncompromising about enforcing the law on alcohol sales. Illegal sales points would be shut down, opening hours would be strictly enforced, and police and traffic officers would conduct regular blitzes around problematic areas to test patrons.  Initiate the national roll-out of Mass Participation and Opportunity Development (MOD) centres which provide learners with a safe place to learn and to participate in cultural and sport activities after school hours d. Fighting organised crime

In the National Development Plan, the National Planning Commission argues that whilst poverty does put individuals and communities at risk of becoming involved in criminal activities, it is important to make a distinction between “crimes of need” and “crimes of greed” which are committed by crime syndicates that profit from criminal activity23.

There have not been any significant reductions in certain categories of crimes often associated with organised crime or crime syndicates. Between 1994/5 and 2011/12, commercial crimes increased by 40% and residential robberies increased by 6%24. Rhino poaching continues to increase exponentially, with 31% of the incidents reported in the last six years occurring in 2011/1225.

Progress has been made in certain crime categories often linked to syndicates, but remain unacceptably high:  ATM bombings have decreased from more than 7 per week in 2008/09 to just more than 5 per week in 2011/1226.  Car theft decreased from an average of 2 035 thefts per week in 1994/5 to 1 136 per week in 2011/1227.

23 National Planning Commission. 2012. National Development Plan. 2424 South African Institute of Race Relations, 2012. 2525 South African Institute of Race Relations, 2012. 26 SAPS. 2012. Crime Statistics Overview RSA 2011/2012. Available. [Online]: http://www.saps.gov.za/statistics/reports/crimestats/2012/downloads/crime_statistics_presentation.pdf (May 2013). 2727 South African Institute of Race Relations, 2012.

At some point in the commission of these crimes, there is an organised network of criminals providing weapons and ammunition, and disposing of stolen goods.

To reduce these crimes, there must be careful gathering and sharing of crime information and the dedicated allocation of high-level resources to fighting organised crime.

The more sophisticated a crime, the more sophisticated the response must be. An independent and well-resourced unit is essential to combat this type of criminal activity.

The Directorate of Special Operations (the Scorpions) was able to provide exactly the specialised investigative and prosecutorial capacity that we need. This unit has since been replaced by the Hawks.

The DA believes that the Hawks unit does not currently satisfy the requirements of:  adequate specialisation and training;  independence from political influence and interference;  guaranteed resources; and  security of tenure for the unit's officials.

The DA would establish an independent, effective and highly specialised, prosecution-driven anti- corruption unit to combat the scourge of corruption and to investigate and ensure the effective prosecution of organised crime.

In dealing with organised crime, it is also important to address the economic aspect of crime by reducing the market for stolen goods. International experience with crime reduction strategies has shown that there is a direct relationship between knowing where to dispose of stolen goods and committing the crime in the first place28.

The DA would:  Invest in the development of policy on market-reduction approaches to crime.  Pilot a market-reduction approach to crime in areas experiencing high levels of property crimes, including the establishment of regional market reduction units with dedicated officers at pilot stations. These officers should be properly trained to understand the philosophy behind a market reduction approach to crime, the relevant legislation (e.g. the Second Hand Goods Act) and the functioning of stolen goods markets. Market reduction officers could enter the market as would-be consumers in order to identify dealers and criminals. The units would require the necessary resources to operate as consumers, including: money to buy goods, money for rewards for information, surveillance cameras and high tech tagging equipment. Monitoring and evaluation information from the pilot programmes would be used to improve the policy and approach over time.

28 Lorimer, K. 2011. ‘How to combat property crime’, on Politicsweb. Available. [Online]: http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=218651&sn=Detail (May 2013).

e. Domestic violence and sexual assault

South Africa has one of the highest rates of family and sexual violence in the world. Yet our police are not well prepared to respond.

Although we have the Sexual Offences Act and the Domestic Violence Act in place, there are few indications that this problem is in fact taken seriously on the ground, or that women are given the protection they need.

In 2012, a report on the Implementation of Criminal Law (Sexual Offences and Related Matters) Act showed that fewer than 3.3% of SAPS members have received training on sexual offences.

The SAPS routinely fails to submit reports on the implementation of the Domestic Violence Act to Parliament and the Independent Police Directorate has reported that only 14% of police stations are fully compliant with the Domestic Violence Act.

Victims of rape are said to be discouraged from reporting rape because they do not receive sufficient support and protection at local police stations.

The DA would:  Establish a 7-day-a-week, 24-hour VictimLink service. By calling a specific number, women who have been raped or assaulted would be able to get immediate crisis support and police assistance, they would be able to discuss safety measures with a trained counsellor, and even be given help with practical interventions such as a cell phone for high risk victims;  Regularly monitor police stations’ compliance with the Domestic Violence Act. The Domestic Violence Act, which among other things requires police officers to keep proper records of domestic violence incidents and that all officers are trained in responding to domestic violence, must be enforced in all police stations. Every year, a random sample of 100 police stations must be selected for an audit of their compliance with domestic violence legislation and specific steps, including disciplinary action, must be taken against non-compliant station commanders;  Establish an electronic system for monitoring domestic violence registers. This would enable the police to track repeat offenders and complainants between stations and provinces;  Ensure that SAPS members receive training to implement the Sexual Offences Act, including protocols for gathering evidence and supporting victims;  Ensure that rape kits (including HIV prophylaxis) are available at all police stations. Every victim of rape should immediately be taken to a medical professional to collect samples and to receive assistance regarding the correct use of anti-retrovirals;  Train SAPS members to provide professional trauma support at crime scenes; and  Train volunteers as victim service workers. Ordinary citizens would be able to obtain training in providing practical and psychological support to victims of domestic and sexual violence. f. Violence in schools

For many children, schools are places of fear, rather than learning. A Human Rights Commission in 2008 found that school was the "single most common" site of crimes such as assault and robbery against learners.

Although security at some vulnerable schools has been improved, little has been done about the underlying problems. Schools are largely left on their own to cope with the violence that plagues them.

Every child should be able to learn in an environment which is safe and where he or she is not exposed to violence, abuse or drugs.

The DA would:  Improve security at schools. The DA would make a dedicated security budget available to every vulnerable school. This would allow each school facing a security risk to have its own specialised budget for changes to security, counselling services and support programmes according to its own needs.  Collect information on violence in schools. The DA would develop a searchable database of all crimes and incidents of violence at schools. The logging of all incidents must form part of each principal’s monthly report to the Department of Education. This would assist in analysing the causes and methods of school-based violence and allow for the development of appropriate responses.  Establish school liaison officers at all police stations: Every police station must have a liaison officer who specialises in school-based crime to ensure that policing resources are dedicated to schools in the area according to their needs. Such resources would include vehicle patrols, foot patrols and searches, as well as the placement of reservists and volunteers at the school.  Turn schools into community resources. To make schools safer it is important to connect them with the communities in which they are located. This could be done by encouraging schools to become community resources, which are used and seen as important by more people. This would include making school facilities available for community activities after hours. For example, using schools as sites for adult basic education and training.  Support the national roll-out of walking bus routes. The Walking Bus programme, initiated by the Department of Education in the Western Cape, is a voluntary programme of school safety volunteers who have received neighbourhood watch as well as road safety training. They escort groups of learners on foot to and from school.

g. Poaching

South Africa continues to face a scourge of poaching of our animals and natural resources.

Abalone poaching has become an organised industry turning over millions each year. Transnational crime syndicates commanding the industry on the trade routes to East Asia link up with local gangs who control shoreline activity.

Rhino poaching continues to increase unabated, especially in the Kruger National Park, where 272 of the 455 incidents reported in 2012 occurred.

Due to the connection between poaching and organised crime targeted intervention must be supported by the necessary intelligence.

To prevent further destruction of poor communities and to replenish the stock of valuable abalone on our shoreline, the DA would:  Reverse the Department’s incentive to wait for abalone to be poached before intervening. The Department of Agriculture, Forestry and Fisheries relies on the sale of confiscated abalone to fund a substantial part of its operational budget. It thus has a financial interest to ensure that large scale poaching continues so that the product can then be confiscated and sold for a profit.  Reinstitute Operation Trident with appropriate institutional support such as the Green Courts. Operation Trident replaced Operation Neptune in 2004. It was a three-pronged initiative that focused on intelligence gathering and collapsing of syndicates, the establishment of Green Courts to ensure high prosecution rates and jail times and on-the-ground enforcement with the deployment of an extra 70 SAPS officers to the Overberg, in addition to dedicated Overstrand Conservation officials and a 24 hour call centre to report poaching. At least part of the battle against abalone poaching is to convince the illicit industry that the costs are simply too high.  Create incentive structures to secure community policing to exterminate the demand side. This is obviously the most challenging aspect of eradicating abalone poaching. Gangs have deeper pockets than many households in abalone-concentrated communities and sell products (such as tik) which are attractive escape mechanisms for people whose lives are characterised by deprivation. Gang activity has shattered the social fabric of these communities. Rebuilding social capital is necessary to overcome the narrow interests of gangs.  Ensure the proper management of South Africa’s fleet of patrol vessels. The growing institutional failures and collapse of governance at the Department of Agriculture, Forestry and Fisheries is a direct contributing factor towards uncontrolled poaching. The DA would reverse this trend.

The DA would also treat rhino poaching as a priority crime.

While the birth rate of rhinos still exceeds losses as a result of natural deaths, legal hunting and poaching, the rhino population could head into decline unless poaching is significantly reduced in the next few years. The situation could be exacerbated if private rhino owners, who felt a disproportionate brunt of the rhino poaching last year, choose to stop breeding rhinos.

South Africa, being home to most of the world’s rhinos, has become the epicentre of global poaching. This issue seriously affects our reputation in global conservation circles.

The DA would:  Introduce a dedicated wildlife crime unit. At the moment there are police personnel who are exclusively working on poaching, but they need the backing of a dedicated institution which allows for focused initiatives and ring-fenced financial resources.  Immediately deploy significant resources from the SAPS crime fighting intelligence network to combat rhino poaching. This is justified, as sophisticated international criminal networks involved in poaching are known to be involved in other types of crime as well.

 Work more closely with other governments, especially Mozambique, to create a dynamic regional crime intelligence network. This network should involve the respective Departments of Environmental Affairs and Police, and all specialised units designed to deal with organised crime.  Use our position in multilateral organisations, including the United Nations and BRICS Group of countries to explore whether the trafficking of wildlife products can be deemed a threat to international security, and whether we can use this platform to exert pressure on destination countries in the Far East to demonstrate progress in curtailing this illegal trade. h. Public order policing

Police statistics show that there is, on average, at least one public protest every two days in South Africa. Service delivery protests and both protected and unprotected strikes are often associated with violence and the destruction of property.

This clearly requires a coordinated strategy from the SAPS to maintain public order during mass protests.

Successful public order policing requires consistent command-and-control, training, tactics and equipment. This applies equally to overt and covert operations, investigations, intelligence work, surveillance operations, and the use of firearms. The SAPS must interrogate the myriad challenges created by increased crowd violence in South Africa and work to create a new balance to Public Order Policing.

The SAPS has re-established Public Order Policing Units, but have not developed clear policy or operational guidelines to guide the activities of these units.

The DA would:  Develop a clear policy on Public Order Policing and operational guidelines to guide their activities. This would include: guidelines on training, regulations on clear lines of control and command as well as the correct standard operating procedure to follow in cases of violent protests, i.e. negotiation first, followed by the use of water cannons, barbed wire and stun grenades. It should also state at which point rubber bullets may be used. Live ammunition should not be used unless absolutely necessary. The decision to use live ammunition cannot be taken lightly and should involve the National Police Commissioner as well as the Minister of Police.  Hold those responsible for violence and the destruction of property during public protests to account. This would include action against trade unions who fail to maintain order during strikes which they have organised.  Ensure that police officers receive the necessary debriefing and psychological support before they are redeployed into high-risk situations after being exposed to traumatising scenes and events.  Ensure that public order policing units have access to the proper equipment and vehicles to fulfil their duties effectively.

Step 3: Successfully Prosecuting and Convicting Criminals

Our criminal justice system must provide certainty that those charged with crimes are prosecuted fairly and speedily and given sentences that fit their crimes.

Presently, an on-going backlog in court cases, the high number of cases that are withdrawn and low conviction rates suggest that our justice system is not effectively delivering on its mandate to “ensure a robust legal and institutional framework that enhances the rule of law”29.

3.1. Judicial independence and the Office of the Chief Justice

Parliament is currently in the process of passing legislation that will support the institutional independence of the judiciary and establish it firmly as the third arm of the State.

The DA advocated for both the Constitution Seventeenth Amendment Bill and the Superior Courts Bill and strongly supports the measures to:

 Strengthen the separation of powers by making the Chief Justice the head of the judicial branch; and  Give the Chief Justice the power and tools to convene fora of judges to set the norms and standards for judicial functions and for the efficiency of the courts.

The DA believes that the institutional independence of the judiciary will improve the administration of the courts in support of more efficient criminal and civil justice.

Judicial independence is also essential to ensure that the judiciary can fulfil its function of providing checks and balances on the exercise of power by the executive and legislative branches of the State.

The DA would:  Continue to support measures to strengthen institutional independence of the judiciary.  Continue to use parliamentary oversight to ensure that the courts and the Office of the Chief Justice are appropriately resourced.  Continue to vigorously protect the role of the Constitutional Court in reviewing legislation and the conduct of the state and to rule on its constitutionality – as provided for in s172 of the Constitution.  Remain committed to the appointment of independent, fit and proper persons to all senior positions in the criminal justice system, and take whatever action is legally appropriate to ensure that this is done.

3.2. An independent prosecuting authority

The National Prosecuting Authority (NPA) conducts criminal proceedings on behalf of the state. If prosecution is not instituted independently and impartially, justice is not served.

29 SA Yearbook, 2012. South African Yearbook: 2011/12. GCIS

We believe that this independence is currently undermined by the President’s wide-ranging powers in making key appointments, including the National Director of Public Prosecutions (NDPP).

In addition, there are increasing signs that high profile politicians and persons connected to the ruling elite enjoy special and therefore unequal treatment from the NPA. The DA believes that the NPA should be institutionally as well as prosecutorially independent and that the NDPP cannot be a political appointee.

The NPA takes great pride in what it deems to be the exceptionally high conviction rates in South African courts.

The most recent overall conviction rate reported by the NPA is 88.8%30. Conviction rates reported for specific crimes also seem to be encouraging - over 89% for organised crime, 82.8% for trio-crimes (car hijackings, business robberies and house robberies) and 65.1% for sexual offences (17.1% higher than the 48% target set for 2011/12)31.

The former Deputy Minister of Justice and Constitutional Development, Andries Nel, claims that “this is not the performance of an organisation in crisis”32.

Yet these statistics belie the real gap between the crimes committed in South Africa and the number of convictions secured against the perpetrators.

The NPA calculates its conviction rate by comparing the number of convictions with the number of cases finalised with a verdict. The reality is, however, that many crimes are never reported, that many criminal cases never reach the courts, and that once cases reach the courts, many are removed from the roll before a verdict is delivered.

These statistics belie the real gap between the crimes committed in South Africa and the number of convictions secured against the guilty parties.

In 2010/11, fewer than one in three cases dealt with by the courts led to a conviction and a disturbing 55% of cases were removed from the roll.

The statistics are even more disappointing when compared to the number of cases reported to the police.

Only 11% of reported sexual offences reached the courts. Only 6.9% actually resulted in a conviction

30 National Prosecuting Authority. 2012. Annual Report 2011/12. Available. [Online]: http://www.npa.gov.za/UploadedFiles/NPA%20Annual%20Report%202011-12%20Final%20Copy.pdf (May 2013). 31 National Prosecuting Authority. 2012. 32 Andries Nel, in Department of Justice and Constitutional Development. 2012. ‘Media Statement: Deputy Minister of Justice and Constitutional Development welcomes statement on Dewani convictions’. Available. *Online+: http://www.justice.gov.za/m_statements/2012/20121122_dm-dewani.html (May 2013).

For example, in 2011/12, 64 415 sexual offences were reported to the police. The NPA’s figures show that they finalised 6 913 sexual offences cases in 2011/2012 and secured a conviction rate of 65.1% in these cases. This means that only 11% of reported sexual offences reached the courts, and that only 6.9% (4 500) actually resulted in a conviction.

The NPA’s current barometer of success is open to abuse, as it can make prosecutors reluctant to prosecute difficult cases33. This can undermine the need of victims to see that justice is served34.

It is true that the NPA is not solely responsible for successful convictions and that it relies on effective investigation by the SAPS35. To obtain a better understanding of the success of the justice system as a whole, information is, however, required on how reported cases progress through the system.

A national DA government would:  Push for changes to s179 of the Constitution to provide that the President must appoint the NDPP on recommendation from a multi-party committee of the National Assembly, and that the NDPP can only be removed by a resolution of the National Assembly with a two thirds majority, after a finding of misconduct, incapacity or incompetence.  Engage with the Office of the Chief Justice and the NPA to encourage reporting on the courts and the court system that accurately reflects the state of justice in South Africa.  Provide for a Victim’s Right of Review (VRR) which would allow the victims of crime to challenge decisions to stop prosecutions or not charge suspects. Reviews can be carried out by a different lawyer in the same district where the original decision was made. If a decision not to prosecute is upheld, there can be a mechanism for an additional review by the NPA. If the review does not support the original decision to abandon prosecution, the prosecution would be reinstituted. The mechanism would not be applied retrospectively. The DA believes that a VRR mechanism supports victims’ rights and would serve to empower victims in the criminal justice process.  Broaden the scope of reporting to include the number of convictions secured as a percentage of the total number of cases referred to the NPA.  Develop an integrated system for crime statistics in which the number of reported crimes is compared to the number of arrests made, the number of cases referred to the NPA, the number of prosecutions carried out and the number of convictions that are secured.  Require more detailed reporting on the withdrawal of cases by the NPA, including the reasons for the withdrawal of cases.

3.3. Getting our courts working a. Managing workloads

33 Rademeyer, J. 2013. ‘Conviction rates an unreliable benchmark of NPA success’ in AfricaCheck. Available. *Online+: http://africacheck.org/reports/conviction-rates-an-unreliable-benchmark-of-npa-success/ (May 2013). 34 Gould. C. (ed). 2009. Criminal (In)justice in South Africa: A Civil Society Perspective. Pretoria: Institute for Security Studies. 35 Redpath, J. 2012. ‘Failing to Prosecute: Assessing the state of the National Prosecuting Authority in South Africa’. ISS Monograph No 186. Available. [Online]: http://www.issafrica.org/events/iss-seminar-report-assessing-the-national-prosecuting-authority-npa- complexities-and-possibilities (May 2013).

To ensure that cases are dealt within a reasonable time period, there must be a sufficient number of courts, which are appropriately located and staffed with skilled legal professionals.

The Superior Courts Bill empowers the Office of the Chief Justice to set frameworks for the efficient management of courts, including taking control of case flow management. Pilot projects in which case flow management was put in the hand of judges have seen significant efficiency gains in this area.

Court rationalisation and expansion programmes and the deployment of human resources must be informed by continuous reviews of (i) case loads in various courts, (ii) the number of cases dealt with and (iii) the nature of cases dealt with.

High vacancy rates in the NPA and delays in filling vacancies contribute to the struggle of courts to keep up with their workloads. In 2011/12, the overall vacancy rate for the NPA was 13.7% (11.4% for prosecutorial vacancies)36. The NPA claims that it has insufficient budget to fill vacancies and admits to having “considerable difficulty to attract staff from outside” and to being unable to meet the target of filling vacancies within four months37.

Research by the Institute for Security Studies however shows that despite a 33% increase in the number of employees at the NPA (from 3525 in 2003 to more than 4690 in 2012) there has been a downward trend in the number of verdicts secured and the finalisation of cases has not kept pace with increases in human resources38. This suggests that the human resources deployed may not be appropriately prepared for efficient participation in the system. The research points to, among other things, a shortage in managerial skills to enable those involved in the judicial system to handle high case volumes39.

Prosecutorial weaknesses highlighted in high profile cases, such the J Arthur Brown case which was concluded in May 2013, raise serious concerns around the competence and experience of some prosecutors.

Another initiative is to resuscitate the position of Justice of the Peace, who can assist magistrates with some of the workload. This position still exists in our law, but is seldom if ever used. A Justice of the Peace can be appointed by any magistrate and can assist magistrates in suppressing disorder or disturbance, or perform whatever other functions are conferred or imposed by the Minister.

To address these concerns, the DA would:  Improve the calibre of prosecutors. Engage with the NPA regarding their selection criteria for prosecutors.  Retain good staff. Staff retention policies which focus on performance incentives, high quality training and career pathing must be put in place to retain good staff.

36 National Prosecuting Authority 2011/12. 37 National Prosecuting Authority 2011/12. 38 Institute for Security Studies. 2012. 39 Gould, 2009.

 Urge that vacancies in the judicial services be filled as soon as possible. As regards the appointment of magistrates, delays by the Minister in appointing magistrates after receiving recommendations from the Magistrates Commission should be avoided.  Encourage mandatory training. Prosecutors and judicial officers must ensure that their skills stay sharp and their knowledge relevant through on-going training on new legislation and emerging criminal justice issues - such as new crime trends and legal developments.  Lobby for management training to be incorporated into legal qualifications.  Expedite the re-demarcation and rationalisation of magisterial districts to ensure that resources are deployed efficiently.  Ensure that sufficient budget is allocated for the appointment of an adequate number of prosecutors – subject to the implementation of suitable performance management processes for existing prosecutors (including more detailed information on decisions to withdraw cases).  Make greater use of the existing position of Justice of the Peace and investigate fully what powers and functions can legitimately be performed by them to assist magistrates.

b. Reducing backlogs

Over and above the 1 000 000 new cases added to the roll each year, South African courts are also dealing with on-going backlogs.

In September 2001, the backlog40 in court cases stood at 119 475 at district courts, 45 474 at regional courts and 926 at High Courts41. A number of backlog courts were established in 2006 as part of the Case Backlog Reduction Project. By March 2012, there were 62 regional backlog courts and 16 backlog courts on a district level42.

Between November 2006 and March 2012, the backlog courts assisted with the removal of 59 232 cases from the court roll43. Currently 34 926 cases remain on the backlog roll44. The fact that a backlog remains despite the fact that several backlog courts are in operation suggests that more courts are needed on a permanent basis.

The victims of crime deserve better than this.

Case flow management by judges who take charge of the pace of litigation should assist to reduce backlogs.

Backlogs can also be addressed and prevented through Alternative Dispute Resolution (ADR) mechanisms in appropriate minor cases. ADR processes, such as victim-offender mediation or family

40 Cases are deemed to form part of the court backlog when it has been on a district court roll for longer than six months, on the regional court role for longer than nine months or on the High Court role for more than 12 months. 41 Department of Justice. 2001. Progress Report on South Africa’s Court System. Briefing to the Portfolio Committee on Justice and Constitutional Development. Available. [Online]: http://www.pmg.org.za/minutes/20011112-court-system-progress-report-judges- remuneration-conditions-employment-bill-amendme (April 2013). 42 National Prosecuting Authority. 2012. Annual Report 2011/12. Available. [Online]: http://www.npa.gov.za/UploadedFiles/NPA%20Annual%20Report%202011-12%20Final%20Copy.pdf (April 2013). 43 Department of Justice and Constitutional Development. 2012. Annual Report 2011/12. Available. [Online]: http://www.justice.gov.za/reportfiles/anr2011-12.pdf (April 2013). 44 Department of Justice and Constitutional Development. 2012. Annual Report 2011/12.

group conferencing, are often more sensitive to the needs of the victims of crime and are also seen as an effective tool to reduce recidivism, as it involves the offender on a personal level45.

There have been moderate increases in the use of ADR processes with 14% of the 930 932 cases disposed of by the NPA in 2011/12 being handled through the ADR process. There also appears to be a trend toward resolving cases through plea and sentence agreements.

Oversight and accountability of these processes is currently undermined by the lack of information on cases in which ADR or plea and sentence agreements were used.

To address court backlogs the DA would:  Finalise the current rationalisation and demarcation process for magistrates courts as a matter of urgency. Once the rationalisation process is completed, there must be an assessment of whether the system is able to adequately take up the workload currently addressed by backlog courts. Where appropriate, backlog courts could be made permanent.  Make appropriate use of ADR processes and require more detailed information on the use of ADR processes and plea and sentence agreements to ensure that these mechanisms are not simply applied to get rid of cases.  Consider regulating ADR processes by legislation.  Encourage the use of Municipal Courts and Community Courts for traffic offences, by-law violations and petty crimes.  Investigate the system of lay magistrates for minor offences (as per the successful model used in the United Kingdom), with a view to assessing whether it could be an effective mechanism, within the South African context, to alleviate the burden on the courts. c. An integrated information management system

The lack of an integrated information management system in the justice system as a whole undermines effective case management and the efficiency of our courts. The need for an integrated electronic information management system was identified in 2007. It took until 2011 to establish that no integration was occurring because the bulk of funding had gone to the SAPS. Even now, when the funding has been diverted to the Justice Department, the SAPS reports that it needs another 10 years to set up its own electronic case management system.

In their review of the criminal justice system in South Africa, the Institute for Security Studies describes this problem as follows:

“Currently, the SAPS records the charges laid, the NPA records the cases opened, and the Department of Correctional Services records the people imprisoned. Since these records are not linked there is no means to track individuals (whether perpetrators or victims) through the system. If those accused or convicted of crimes use aliases, and no biometric data is verified (such as fingerprints) tracking remains impossible. Among other things, it means we cannot measure the efficiency of justice system processes or correlate the number of crimes committed with the number of people in prison.”

45 Lewis, M. & McCrimmon, L. 2005. ‘The Role of ADR Processes in the Criminal Justice System: A view from Australia’. Available. *Online+: http://www.justice.gov.za/alraesa/conferences/2005uganda/ent_s3_mccrimmon.pdf (May 2013).

In addition, bad record management means that cases are often postponed because dockets are not available, cases have to be withdrawn because dockets have been lost and that victims struggle to follow up on the status of a criminal case that has affected them.

The NDP recognises the impact of poor information management systems and proposes that: “technology should be used to increase efficiency across the board, and particularly to eliminate bottlenecks in the criminal justice system. This should include investigation-docket management systems, court case management systems and parole management systems, including the monitoring of parolees to ensure better integration and rehabilitation.46”

This has been on the cards for at least a decade, with very little progress being made.

The DA government would:  Ensure significant investment in an integrated information management system for the criminal justice process;  Ensure the speedy roll-out of this system;  Promote the up-skilling of professionals in the system to manage and access such a system; and  Allow victims access to systems that allow them to track the progress in cases that involve them. This would be subject to appropriate security measures.

d. Court infrastructure

Judges, magistrates and prosecutors are the backbone of our justice system. The conditions in which they work are often appalling. This not only undermines their ability to do their jobs properly, but also discourages people from choosing careers in the public legal system. Upon inspecting regional and provincial courts, the Public Service Commission identified dilapidated and inadequate courts as a factor contributing to court backlogs. A lack of courtrooms and shared accommodation result in more postponements.

Public Works currently takes responsibility for acquiring and maintaining the physical assets of the State. The infrastructure in South African courts is sorely lacking as a result of poor coordination between line departments and the Department of Public Works.

A DA government would:  Eliminate the inefficient Department of Public Works from the provisioning of infrastructure to line departments and attribute its budgets to individual departments based on planned and costed infrastructural needs;  Ensure that the proposed independent administrative agency (which will run the courts subject to judicial control) is appropriately resourced to upgrade court infrastructure with regard to storage, office space, IT equipment and security.

46 National Planning Commission. 2012. National Development Plan.

3.4. Access to Justice

From the perspective of the administration of justice, access to justice refers to having access to a court, having access to an affordable lawyer and having the right to have your case speedily heard in an accessible system.

Court processes and proceedings must be simple to use and flexible to the needs of victims, the accused and litigants.

A lack of court interpreters cannot be allowed to alienate people from the justice system on the basis of language.

Justice is, however, only fully accessible when citizens are aware of their rights under law and the Constitution.

Matters relating to maintenance and access in respect of children Particular problems are experienced on an almost daily basis in obtaining payment of child maintenance and compliance with arrangements for contact with children when the parents do not live together.

The maintenance system is failing many people on a daily basis. Claimants have to return to court many times to obtain a simple order of maintenance to provide for their children. We need to look at systems to make this process speedier, to avoid the abuses which so many people are victims.

Likewise, many people are victims of manipulation of the system in order to avoid gaining court- sanctioned contact with their children. This often occurs over holiday periods, when courts are not operating at full capacity or are in recess. It also involves approaching the high court in many cases, which is prohibitively expensive.

To promote access to justice in South Africa, a DA government would:  Strengthen the resources of Legal Aid South Africa to provide litigation support to poor South Africans.  Increase the monetary jurisdiction of the Small Claims Court. The Small Claims Court currently allows for the speedy, affordable resolution of claims that do not exceed a specified value (currently R12, 000). No formal legal representation (e.g. from an attorney or advocate) is allowed – thereby providing a very low-cost mechanism to resolve smaller civil disputes47.  Respect constitutional provisions around the use of all eleven official languages by ensuring a sufficient supply of court interpreters.  Collaborate with civil society organisations that facilitate access to justice by educating communities on their legal and constitutional rights and provide them with opportunities to showcase their work to attract funding.

47 Law Society of South Africa. 2010. ‘Small Claims Courts jurisdiction increases to R12 000 from 1 November’. Available. *Online+: http://www.lssa.org.za/index.php?q=con,166,Small_Claims_Courts_jurisdiction_increases_to_R12_000_from_1_November (May 2013).

 Ensure that civic rights and responsibilities enjoy sufficient attention in the basic education curriculum.  Expand the use of Community Courts. These courts can handle traffic offences and petty crimes and should have the same sentencing jurisdiction as Magistrates Courts. The intention would be to deal with cases within 36 hours and limit the time of incarceration of suspected criminals. NGOs, social workers and lawyers should be permanently on standby to assist defendants in these courts.  Conduct a comparative survey of maintenance systems in other countries with a view to identifying all possible steps to improve the efficiency and effectiveness of the system, and implement as many as possible as quickly as possible. Of particular interest are the Canadian and Australian systems. It is necessary to implement a system where a formula is used based on the parent’s income and number of children, and in the event of a parent not being able to afford the amount calculated by way of the formula, they would bear the onus of proving it to the court.  Investigate and implement quicker and less expensive ways of enforcing rights of contact with children in the event of the primary caregiver breaching a court order.

3.5. Responding to specific crimes

Specialised courts have been shown to achieve better conviction rates than normal courts. Key benefits of specialised courts identified by the United Nations Entity for Gender Equality and the Empowerment of Women48 include:  Increasing victim safety by expediting cases;  Increasing expertise by providing opportunities to train the judiciary, magistrates and court clerks on relevant laws;  Limiting the trauma of victims by ensuring that they do not have to testify repeatedly before different courts;  Providing continuity of personnel; and  Promoting justice by increasing conviction rates.

Sexual offences The NPA blamed the decrease in conviction rates for sexual offences in 2011/12 on, among other things, the drop in dedicated courts and specialised services for sexual offences49.

The DA, together with civil society and the NPA, has been calling for the return of specialised Sexual Offences Courts. In 2012, the Minister of Justice and Constitutional Development announced that these courts will be re-instated.

These courts should be staffed by police, investigators, prosecutors, social workers, and health care professionals who have been trained to handle cases of sexual violence.

48 UNWOMEN. 2009. ‘Develop or modify court infrastructure’. Available. *Online+: http://www.endvawnow.org/en/articles/955-develop- or-modify-court-infrastructure.html (May 2013). 49 National Prosecuting Authority, 2012.

Specialised courts must be complemented by the establishment of fully operational Thuthuzela Care Centres (TCCs) across the country. These centres offer a unique one-stop, integrated response to the growing incidences of violent sexual acts against women and children. There are currently only 30 fully operational TCCs across the country and another 52 that have initiated limited service offerings50.

Domestic Violence The United States, New Zealand and United Kingdom have also been successful in driving coordinated responses to domestic violence through specialised courts51. This typically includes strengthened legislation, specialised police investigating units, specialist magistrates who deal specifically with domestic or family violence, specialist personnel to assist victims and defendants and systematic case tracking and management to minimise delays and promote victim inclusion52.

This integrated system also allows for more effective data collection and monitoring and evaluation which inform policymaking and interventions around domestic violence53.

These courts are found to speed up case proceedings, to improve communication and coordination across agencies, to improve consistency in decision-making and to connect victims with services54. Specialised domestic violence courts were also found to promote safety through more effective offender monitoring and monitoring of protection orders55.

The specialised Family Violence, Child Protection and Sexual Offences Units within the SAPS were re- established in 2011. These units should be supported through specialised courts that can hear domestic violence cases, institute appropriate punishment and protect the victims of domestic violence.

The NDP supports the re-establishment of specialised units to investigate priority crimes. These units can be strengthened by specialised courts.

The DA therefore supports the establishment of specialised courts to deal with specific sensitive and priority crimes, including sexual offences and domestic violence, and will prioritise the re- establishment of specialised sexual offences courts in particular, with the associated budget.

3.6. Appropriate sentences

The DA strongly believes that perpetrators must serve sentences appropriate for the crimes they have committed and for the harm that they have caused to innocent people.

50 National Prosecuting Authority, 2012. 51 UNWOMEN, 2009; Stewart, J. 2011. Specialist domestic violence courts: What we know now – how far have Australian jurisdictions progressed. Sydney: University of New South Wales. 52 Stewart, 2011. 53 Stewart, 2011. 54 Stewart, 2011. 55 Stewart, 2011.

The DA supports:  A tough approach to crime in which the focus is placed on catching criminals, gathering evidence effectively, prosecuting crimes in a speedy manner and increasing conviction rates.  Guidelines for minimum sentences in serious cases, supported by mechanisms to protect the discretion of judicial officers.  Bail procedures that take into account all relevant factors as outlined in section 58 to 71 of the Criminal Procedure Act in determining whether an accused can safely be released into society.

3.7. Improving the courts for victims and witnesses

Children and vulnerable witnesses have special needs that the courts must cater for. A child victim, witness or suspect cannot be treated in the same way as an adult. They are more easily confused and intimidated, and many find themselves unable to give credible testimony. A child that is not treated in an appropriate manner is deprived of justice.

Rape victims are also often discouraged from reporting attacks because they know that they will have to face their attacker in court, and many of them are forced to wait in the same corridor as their abusers while they wait for the case to be called.

To improve the experience of the court system for victims, a DA government would:  Continue to support the speedy roll-out of specialised courts, including courts for sexual offences and domestic violence;  Actively monitor whether District and High Courts have equipment that enables children, vulnerable victims and witnesses to testify in camera and not have to face perpetrators in open court. This should include separate rooms with the appropriate IT equipment;  Full implementation of the Child Justice Act, including the effective roll-out and management of Child Justice Centres, that include Child Justice Courts;  Promote the use of trained intermediaries to work with vulnerable victims and witnesses; and  Ensure proper training for all relevant staff. All magistrates, judges, prosecutors and court staff must be trained in how to interact with children and other vulnerable people.

3.8. Strengthening the SIU in the fight against corruption

The Special Investigating Unit (SIU) - an entity within the Department of Justice and Constitutional Development - is an important institutional mechanism in support of open, accountable government. The Unit has the power to investigate and litigate cases to deliver on its mandate of recovering and preventing financial losses to the State caused by acts of corruption, fraud and maladministration. The SIU can, however, only investigate a matter once issued with a presidential proclamation.

The SIU has been marred by political infighting and the failure to fill critical vacancies. The work of the entity has also being undermined by the President’s failure to appoint a permanent head to the SIU for almost two years.

The DA would:  Fill all vacancies in the SIU as a matter of urgency and ensure that the unit is appropriately resourced to play its role in fighting corruption.  Amend the Special Investigating Unit and Special Tribunals Act to strengthen the role of the National Assembly in the appointment and removal of the SIU Head and its oversight over SIU investigations. Changes to the Act would require that (i) an SIU head can only be appointed by the President “on the recommendation of the National Assembly”, (ii) no person can serve as SIU head in an acting position for more than six months, (iii) an SIU Head may only be removed by the President if there are sound reasons for doing so, “and with the approval of the National Assembly”, and, (iv) the SIU is to table six monthly progress reports to Parliament in respect of each investigation they have been assigned.

The NDP recognises that an efficient and effective justice system is necessary to combat criminality, including corrupt activities. Given the high levels of corruption we face in South Africa, the DA would ensure that we take every step possible to strengthen and capacitate every part of the justice system and ensure that critical appointments are made on the basis of qualifications and fitness for the relevant office.

Step 4: A correctional system that reduces criminality

The DA believes that the correctional service system must balance the appropriate punishment of convicted criminals with the need to reduce the likelihood that offenders will re-offend. The success of the correctional services system must be measured on its ability to break, or at least substantially reduce, the cycle of re-offending.

Currently the Department of Correctional Services (DCS) is failing in this task. The DCS estimates the re-offending rate in South Africa to be between 67% and 94%56. This unacceptably high rate suggests that the correctional service system does not rehabilitate offenders or sufficiently prepare prisoners for reintegration into society. This means, in turn, that the correctional services system is not helping to make our citizens and their property safer over time.

We support the argument in the NDP that the conditions under which prisoners are kept impacts on their behaviour after release and can have consequences for the way in which prisons and offenders are viewed by communities57.

Our approach to correctional services is framed by the following basic principles: 1. Convicted criminals must be punished for their crimes. It must, however, be a core priority of the correctional system to keep offenders out of jail to avoid further criminalisation;

2. The correctional service system must be oriented towards rehabilitation and successful reintegration;

56 Jolingana, N. 2011. ‘Acting Commissioner Jolingana welcomes the launch of a prison ministry’. Available. *Online+: http://www.info.gov.za/speech/DynamicAction?pageid=461&sid=16560&tid=28976 (April 2013). 57 National Planning Commission, 2012.

3. Prison overcrowding limits opportunities for rehabilitation and incubates a culture of violence in South African prisons that contributes to the further criminalisation of inmates. Indeed, currently most offenders sent to prison will emerge more criminalised on their release than on admission;

4. Overcrowding can be eased by building additional facilities, improving the management of remand prisoners and crucially, by making better use of alternative sentences;

5. Rehabilitation must be improved through the structured management of the rehabilitation programmes of individual prisoners through the consistent implementation of sentence plans;

6. Rehabilitation programmes must include purposeful work by all able-bodied inmates. Such work must be geared to making prisons self-sustaining, to inculcating habits of work and responsibility and to enable restitution to individuals and communities affected by crime;

7. The re-integration of prisoners into society must be facilitated through halfway houses and an active partnership with faith based organisations and NGOs as well as the removal of barriers to effective integration (such as the expunging of criminal records in deserving cases);

8. The majority of escapes occur in transit to or from courts, or from court holding cells. Such escapes can be limited by establishing courts within prison precincts or by using technology (CCTV) to televise court proceedings in appropriate circumstances;

9. Electronic tagging for probationers and parolees must be vastly expanded. This technology allows for more confidence in non-custodial, community-based sentences and reduces human resource demands on the community corrections system;

10. More effective human resource management in the DCS can improve the morale of the staff, and thereby enhance the performance of the prison system; and

11. Prison design and facilities must be adapted to make prisons more conducive to rehabilitation, to improve integration with the court system and to limit opportunities for escape.

4.1. Reduce criminality by keeping offenders out of prison a. Diversion programmes

There is the concern that young offenders who enter the official criminal justice system will be disadvantaged for the rest of their lives and become more likely to resort to criminal activities in the future58. By intervening with suitable skills and interpersonal training early on, this can possibly be avoided.

58 Western Cape Department of Social Development. 2012. ‘What is Diversion’. Available. *Online+: http://www.westerncape.gov.za/general-publication/what-diversion (November 2013).

Section 6 of the Criminal Procedures Act allows the issuing of a diversion order to offenders to participate in a diversion programme offered by provincial Departments of Social Development or non-government organisations. This is specifically aimed at first offenders, for petty offences or where a diversion programme could provide adequate rehabilitation or treatment.

The DA would:  Enhance the provision, accessibility and quality of diversion programmes in order to enhance their attractiveness as an alternative to prosecution for certain types of offences. b. Alternative sentencing

Not all offenders belong in prison. First-time, minor offenders are often put on a fast track to serious crime through their exposure to hardened criminals in prisons.

To reduce criminality and crime over time, it must therefore be a primary priority of the criminal justice system to keep offenders out of jail, whilst ensuring that they receive appropriate punishment for their crimes.

Researchers agree that instead of “warehousing offenders” alternative sentences (such as fines, community service, probation, judicial supervision or house arrest) should be used to allow criminals to “repay the community for their crimes through community service, restitution, and compensation”59.

Alternative sentences are considered beneficial for the following reasons60: i) They are more appropriate for certain types of offenders and offences (for example: non- custodial sentences are more appropriate for first time offenders and/or for non-violent crimes or crimes not committed against a person); ii) They ease re-integration into communities by avoiding the stigma of imprisonment and minimise disruption in the life of the offender through the loss of employment, forcing offenders to drop out of school, and/or breaking family relationships; iii) They are less costly than sanctions involving imprisonment (in 2011/12 the average cost of incarceration per offender per day was estimated at R123.3761, while departmental estimates in 2000 showed that the cost of maintaining parolees and probationers was almost 90% lower62); and iv) They ease overcrowding in prisons and allow for the “proper correctional treatment” of those whose crimes demand their detention in custody.

Judicial officers are reluctant to make use of non-custodial sentences, because they lack faith in the capacity of the DCS to “implement the correctional supervision required when diverting offenders,

59 Skelton, A. 2004. Alternative Sentencing Review. Published by the Civil Society Prison Reform Initiative. Available. [Online]: http://www.cspri.org.za/publications/research-reports/Alternative%20Sentencing%20Review%20(Research%20Paper%20No%206).pdf (April 2013). 60 Zvekic, in Muntingh, 2005. 61 GCIS. 2012. SA Yearbook: Correctional Services. Available. [Online]: http://www.info.gov.za/aboutgovt/justice/corrections.htm (April 2013). 62 Muntingh, 2005.

or imposing alternative sentences”63. Judges fear that a non-custodial sentence is as good as no sentence at all. For this reason, alternative sentences should be disagreeable, onerous and should serve as a real deterrent.

The use of alternative sentences should be encouraged by capacitating the DCS to supervise such sentences (chiefly by providing sufficient and skilled staff to the Community Corrections Branch) and using tracking devices to monitor offenders serving alternative sentences.

A DA government would:  Expand alternative sentencing options. The DA would introduce a range of alternative sentencing options specifically aimed at young, non-violent and first-time offenders;  Implement electronic tracking programmes. Offenders serving alternative and non-custodial sentences must wear electronic monitoring and tracking devices at all times and their movements must be continually monitored by community correction officers.  Capacitate the DCS to manage alternative sentences. Correctional Services officials must be properly trained in the management of alternative sentences and there must be a mechanism between supervision officials, social workers and psychologists who work with an individual to share information on the offender’s circumstances and needs.  Consider changes to the Criminal Procedure Act to require magistrates and judges to provide compelling reasons for the imprisonment of first-time offenders convicted of non-violent crimes.

4.2. Improving the rehabilitation value of prisons a. Easing overcrowding

South African prisons are still too overcrowded to allow for effective rehabilitation.

There are two main drivers of overcrowding. The first is that remand detainees are often imprisoned for lengthy periods while awaiting trial because of poor case flow management. Frequently such detainees are granted bail but cannot afford it, and equally frequently such detainees are eventually found not guilty. Secondly, many judicial officers hand down sentences of imprisonment routinely because they lack confidence in the effectiveness or deterrence of non-custodial sentences.

Overcrowding reached a peak in 2003, when a prison population of 189 748 occupied available accommodation for 112 241 persons (an overcrowding rate of 71%)64. By 2012, the prison population had decreased to 121 023. These prisoners are housed in a system that is in fact designed to accommodate only 118 15465. From time to time, overcrowding is artificially decreased by Presidential Special Remissions (as utilised in 2005 and 2012).

A report by the Portfolio Committee on Correctional Services submitted to Parliament in February 2013 confirmed that “19 of South Africa’s 239 operational correctional centres recorded levels of

63 Portfolio Committee on Correctional Services, 2013. 64 South African Institute for Race Relations, 2012. 65 South African Institute for Race Relations, 2012.

overcrowding greater than 200%, and conditions of incarceration at these centres were unacceptable”66.

The NDP notes that prison overcrowding not only derails rehabilitation, but can actually lead to increases in crime rates67 that leaves all South Africans more vulnerable to crime. Increasing the number of prisoners per cell creates “harsher conditions that ignite and promote violence and increase gang power” 68. Unfavourable official to inmate ratios also means that supervision deteriorates, prisoner violence increases and the “prospects for effective rehabilitation is limited”69.

A DA government would:  Increase prison space: Ease prison overcrowding by allocating additional resources to prison construction. In the short term, we would invest in at least two prisons (6 000 bed spaces) in addition to what is currently planned by the DCS.  Develop a regime of effective non-custodial sentences: Offenders (particularly first-time, non- violent and young offenders) can and should be put to work in the communities they have harmed. Frequently such sentences are more effective, and constitute more of a deterrent, than imprisoning offenders and have the additional advantage of keeping such offenders out of the clutches of the gangs.  Not grant special remission: Presidential special remissions undermine the authority of the courts, undermine the deterrent effect of imprisonment, and are a slap in the face to victims of crime. b. Remand prisoners

Around 30% of the prison population are remand detainees, awaiting trial 70. An estimated 250 000 unsentenced prisoners move through the prison system every year, spending on average two to three months in custody (and often even longer71) 72.

Section 49G of the Correctional Matters Amendment Act determines that “the period of incarceration of a remand detainee must not exceed two years”. The Department does, however, not currently have the necessary information systems to implement this provision of the Act, and it has not yet become operative.

66 Portfolio Committee on Correctional Services. 2013. Report of the Portfolio Committee on Correctional Services on its oversight visit to the Johannesburg Correctional Centre to assess the remand detention facilities and services. Available. [Online]: http://www.pmg.org.za/files/doc/2013/comreports/130207pccorrectreport2.htm (April 2013). 67 National Planning Commission, 2012. 68 National Planning Commission, 2012. 69 National Planning Commission, 2012. 70 SAPA, 2013; South African Institute for Race Relations 2012. 71 In 2011, reports on the Wits Justice Project’s conference on “Remand Detention: Challenges and Solutions” suggested that 2000 remand detainees have been in prison for more than two years, and that 73 people spent between five and seven years as awaiting trial prisoners (Gordin, J. 2011. ‘Awaiting trial detainees: Stepchildren of the system’, in Saturday Star. Available. [Online]: http://www.iol.co.za/saturday-star/awaiting-trial-detainees-stepchildren-of-the-system-1.1122882#.UXpS6aJ-6Y0 (April 2013). 72 Gould, C. 2010. ‘Taking count of recidivism in South Africa – definitions, challenges and the way forward’, paper delivered at the Open Society Foundation for South Africa conference on recidivism and reoffending in South Africa. 29-30 November 2010. Johannesburg. Available. [Online]: http://osf.org.za/wp/wp-content/uploads/2012/09/Meeting-Report_-Recidivism-conference_20101.pdf (April 2013).

It is important to note that in around 40% of cases, charges against remand detainees are eventually dropped73. Yet remand detainees are excluded from rehabilitative services74 and leave overcrowded prisons as alumni of a “university of crime”.

The DA supports the principle of the White Paper on Remand Detention Management that “the purpose of remand detention is not to penalise or punish, but to ensure due process in the court of law at which the detainee is to be tried”75.

A national DA government would:  Use tagging and tracking technology as an alternative to the incarceration of awaiting trial detainees.  Improve the classification of remand detainees and separate first time inmates from repeat offenders to ensure to the greatest extent possible that first time inmates are not exposed to prison gangs.  Fully implement the Correctional Matters Amendment Act that provides for the establishment of management regimes for vulnerable remand detainees (including women, the elderly and those with health problems).  Make it mandatory for courts to review cases where unsentenced prisoners have been held for more than three months and provide the DCS with the necessary systems to monitor the implementation of such a provision.  Review bail protocols to avoid the incarceration of awaiting trail detainees in non-violent cases simply because bail is unaffordable.  Strengthen the mandate of the heads of correctional centres to apply for the amendment of bail conditions in terms of Section 63A of the Criminal Procedure Act on account of prevailing conditions in prisons (including overcrowding).  Reduce transport cost for remand prisoners by bringing establishing courts within prison precincts where appropriate. c. Designing prisons for rehabilitation

Prisons were historically designed primarily to reflect their function as a punitive measure – thus: to deprive prisoners of freedom through austerity and lack of privacy76.

The architectural design of South African prisons contributes to prison violence and limits opportunities for rehabilitation.

Communal cells increase the risk of prisoner-on-prisoner, as well as prisoner-staff, violence and create “blind spots” for illegal acts77.

A lack of safe communal spaces limits rehabilitation options.

73 Gordin, 2011. 74 Gould, 2010. 75 Saxby, P. 2013. ‘White paper on remand detention management finalised’ in Legalbrief Today. Available. [Online]: http://www.legalbrief.co.za/article.php?story=20130423052920562 (April 2013). 76 Awofeso, N. 2011. ‘Disciplinary architecture: prison design and prisoners’ health’, in Hektoen International. 3(1). 77 Muntingh, L. 2009. Reducing prison violence: implications from the literature for South Africa. CSPRI Research Report No. 17. Available. [Online]: http://cspri.org.za/publications/research-reports/Reducing%20Prison%20Violence.pdf (April 2013).

Prison design also has other consequences. The lack of integration between prison facilities and courts contributes to high prisoner transport costs and often leads to escapes.

A DA government would:  Increase the roll-out of new generation prisons following podular designs that limit unprotected spaces and promote the effective implementation of unit supervision;  Design prisons with a view to rehabilitation. New prisons must be designed to promote rehabilitation through the provision of workshops, food gardens and classrooms. Prisons must be located close to, or on, arable land on which prisoners can grow food for themselves and poor neighbouring communities.  Bring the courts to the prisoners and not the prisoners to the courts by establishing courts with prison precincts.  Installing CCTV cameras in cells: This would allow officials to monitor illegal activities in cells after hours, and provide a photographic record for the prosecution of those perpetrating illegal activities.  Installing jamming devices for cell-phone transmission: Many offenders arrange for cell-phones to be smuggled in, enabling many to continue to manage criminal activities on the outside, and to transfer funds to officials as bribes. The installation of jamming devices would effectively interdict this.

4.3. Rethinking rehabilitation

The justice system is not primarily designed to remove offenders from society in perpetuity. Most prisoners will, at some point, be released back into society. To keep citizens safe, the correctional system must therefore ensure that prisoners who leave the system are appropriately rehabilitated.

The majority of offenders released from prison (around 60%), however, leave the prison system having served sentences of less than 2 years.

Purposeful rehabilitation programmes and work opportunities are not available at many prisons, allegedly owing to the shortage of staff or facilities. In many cases, the real reason is a lack of a “can do” mentality by prison management. The result is that many inmates are locked up for lengthy periods (with the consequent implications for the criminalisation of inmates by the gangs) because it is easier to manage inmates who are in cells rather than in programmes or at work.

Correctional services officials are in terms of policy obliged to develop sentence plans for all offenders serving sentences of more than 24 months. Sentence plans commence with the induction of an offender and an assessment of his or her needs. A roadmap is then developed in terms of which rehabilitation is structured and the prisoner is prepared for eventual release and reintegration into society.

Current rehabilitation programmes are patchily implemented. In 2011/12, only 23.9% of offenders with sentence plans had access to correctional programmes78.

The efficacy of sentence plans depends on the availability of specialised personnel such as psychologists, educators and social workers who can support their implementation. In addition, shortages of technical staff mean that prison farms and workshops are being underutilised. In 2011/12 vacancy rates for scarce skills occupations in Correctional Services were as follows79:  Social Workers: 38.3%  Psychologists: 50.9%  Nurses: 26.2%  Medical Practitioner: 26.7%  Pharmacists: 37.25%

In order to fill this gap, it is essential that the DCS builds partnerships with NGOs, faith-based organisations and specialised volunteers. However, anecdotal evidence suggests that NGOs, civil society groups and volunteers who wish to assist in rehabilitation programmes in prisons struggle to get access and that it can take more than two years for such groups or individuals to gain access to a specific prison. Ostensibly, this is to ensure that they are properly security-vetted, but often it is because of the additional administrative inconvenience such programmes cause to officials.

In South Africa, prisoners serving sentences of less than 24 months are excluded from having sentence plans80. Remand prisoners are also excluded from rehabilitation programmes. This means that the majority of individuals leaving the prison system at any given time did not follow a structured rehabilitation programme. In 2011/12, less than one in four offenders with approved parole dates completed a pre-release programme preparing them for reintegration81.

NGOs working in correctional services have also expressed concerns about the apparent failure by the DCS to base sentence plans and reintegration programmes on scientific evidence with regard to effective rehabilitation and reintegration (so-called Evidence-Based Practice).

A DA government would:  Designate separate remand facilities for remand detainees. Such facilities must be designed towards ease of access to lawyers, ease of access to courts and must allow for structured activities, including educational and in appropriate cases, formal rehabilitative programmes.  Develop a simplified procedure for the development of sentence plans for all prisoners (including those serving shorter sentences).  Establish centre-specific performance contracts for Heads of Centres that would hold them to account for rolling out rehabilitation, education and work programmes, and providing incentives to centres that exceed targets and/or display innovation in the quest to reduce re-offending.

78 NICRO, 2013. NICRO submission: DCS Budget Vote 21, Strategic Plan 2013/14-2016/17, Annual Performance Plan 2013/14. Available. [Online]: d2zmx6mlqh7g3a.cloudfront.net/cdn/farfuture/.../130416nicro.doc (April 2013). 79 Department of Correctional Services. 2012. Annual Report: 2011/12. 80 Gould, C. 2010. ‘Taking count of recidivism in South Africa – definitions, challenges and the way forward’, paper delivered at the Open Society Foundation for South Africa conference on recidivism and reoffending in South Africa. 29-30 November 2010. Johannesburg. Available. [Online]: http://osf.org.za/wp/wp-content/uploads/2012/09/Meeting-Report_-Recidivism-conference_20101.pdf (April 2013). 81 NICRO, 2013.

 Share sentence plans with the families and support structures of an offender to encourage them to support offenders in their rehabilitation.  Include the development and implementation of sentence plans for all eligible prisoners in the performance agreements of prison managers and link remuneration to performance.  Urgently fill vacancies in scarce skills occupations in the correctional services system.  Develop a streamlined system for the vetting and registration of external stakeholders who wish to become involved in rehabilitation programmes.  Establish collaborative structures with NGOs and think tanks in the correctional services field to encourage the use of Evidence-Based Practice in the development of rehabilitation and reintegration programmes.  Enhance the skills of correctional officials as rehabilitative officers. Correctional officials must become more than just warders and must be the first entry-point of the rehabilitation path of an offender. This can be promoted through the professionalization of correctional service through an appropriately balanced qualification managed by a professional body.

4.4. Prisons work where prisoners work

It is generally accepted that working contributes to an individual’s sense of self-worth and dignity. The so-called “enforced idleness” that is characteristic of South African prison life is detrimental to the mental and physical health of prisoners and detracts from rehabilitation efforts82.

The South African Correctional Services Act provides for labour to be performed by sentenced offenders. Section 37(1)(b) of the Act requires that labour must be related to development programmes, with the stated objective that this labour must “as far as is practicable be aimed at providing such offenders with skills in order to be gainfully employed in society on release”83.

Evidence from prisons around the world present a compelling correlation between productive prison activities and lower levels of recidivism, supporting the adage coined by UK Chief Inspector of Prisons Sir David Ramsbotham that “prisons works if there is work for prisoners”.

Key benefits include:  The improved mental and physical health of prisoners;  Opportunities for skills development and acquiring work experience that can be used by prisoners to gain employment upon release;  The move away from the “eet en lê” mentality in prisons reduces opportunities for gang-related activity;  Allowing inmates to contribute to their own upkeep and reducing the financial burden on the State; and  Allowing inmates to earn money which could help them to support their families, contribute to a compensation fund for victims of crime and which could be saved to bridge periods of limited income following release.

82 Muntingh, L. 2010. Submission by the Civil Society Prison Reform Initiative to the Portfolio Committee on Correctional Services: Human Rights and Inmate Labour in South Africa. Available. [Online]: http://cspri.org.za/publications/submissions-and-presentations (April 2013). 83 Muntingh, 2010.

In 2011/12, only 47% of eligible offenders in South Africa had access to work opportunities84. Whilst accurate statistics are scarce, anecdotal evidence suggests that the majority of prisoners who do work are involved in dull, repetitive tasks of an unskilled nature (such as cleaning and maintenance). This does not contribute to skills development, nor does it fulfil the requirement in national and international law that work performed by prisoners must be “meaningful and with purpose”85. In 2010, working inmates in South Africa also received no more than R88 per month for their productive efforts86, thus negating much of the potential financial benefits of such work.

A DA government would:  Ensure that all able-bodied prisoners work. Depending on the seriousness of the offence for which the prisoner has been sentenced, his or her record while in prison and local conditions, these opportunities could be outside or inside the correctional facilities. For appropriate inmates, and appropriate employers, this is an obvious, cost-effective and low-risk way of employing prisoners. Contract labour should be extended in its scope in prisons where it is already operative and extended to all prisons in South Africa; and  Integrate restitution into working prisons. Of the modest amount that prisoners actually receive, one-quarter would be paid to the DCS to subsidise their upkeep. One-quarter could be used as petty cash to spend in the prison, and one quarter would be banked to constitute an amount that would be used either to help maintain their dependents or as a fund to assist them on their release. The last quarter would be paid to a Fund for the Victims of Violent Crime as part of the offender’s restitution for crimes committed.  Ensure integration of restitution and restorative justice principles. Inmates must undertake work which demonstrates, where possible, in a physical and tangible way, that they are re-paying their debt to society. For example: programmes where agricultural projects in prisons contribute food to local community feeding schemes or soup kitchens.

4.5. Effective oversight

The Constitution guarantees detained persons conditions consistent with human dignity. But the fact is that, in many prisons, this is not the case. Prisons are over-crowded and sometimes under-staffed; there is wide-spread corruption and a culture of prison gangs; the criminal justice system is generally badly administered, and maladministration is particularly prevalent in the DCS. Whatever their crimes, and however society might legitimately view them, prisoners are uniquely powerless and vulnerable - and this applies in particular to young, first-time offenders.

There is therefore a need for independent oversight of the prisons. This happens in three ways: 1. Judges and the magistracy are empowered to visit prisons at any time, and many do. Some write reports and make recommendations to the Minister of Correctional Services. 2. The Parliamentary Committees on Correctional Services and their members are allowed by law to visit prisons at any time and to interview inmates. They, too, produce reports which are tabled in, and sometimes debated by, Parliament.

84 Department of Correctional Services, 2012. 85 Muntingh, 2010. 86 Muntingh, 2010.

3. The Inspecting Judge of Correctional Services, and his or her Inspectorate is an institution established in terms of the Correctional Services Act. The Inspectorate consists of legal and compliance officers as well as a wide network of Independent Correctional Centre Visitors (ICCVs). The Judge and the Inspectorate inspect prisons, whilst any inmate may register complaints with the ICCVs. These complaints are logged and followed up, normally in structured meetings between the ICCVs and the prison management. The Inspecting Judge produces an annual report which is sent to the Minister and tabled in Parliament.

The DA would encourage all these persons and institutions to continue their oversight functions, but would strengthen them in the following ways:  Creating a separate budget for the Inspecting Judge. Currently, the budget for the Inspecting Judge comes from the DCS, and its post establishment must be approved and funded by the National Commissioner of Correctional Services, as the accounting officer. This is inherently unhealthy, as it could compromise the independence of the Office of the Inspecting Judge. Accordingly, the DA would establish the Inspecting Judge as an independent institution with its own budget, reporting directly to Parliament, in much the same way as the Chapter 9 Institutions do.  Building a stronger partnership with civil society. A great deal of very valuable work and research is undertaken by civil society organisations, including but not limited to Khulusa, NICRO, CSPRI and JDI. There are also numerous faith based organisations that minister to prisoners. The DA would form partnerships with these organisations to tap into their knowledge and to invite their participation in initiatives to root out corruption and power abuse in prisons, and to improve the prospects of successful rehabilitation.

4.6. Effective re-integration a. Halfway facilities

Recidivism rates are exacerbated when offenders who are released after serving their sentence cannot be reintegrated back into their communities, either because the community rejects them or because their families do not want them back.

Efficiently managed halfway houses can serve to bridge the transition back to life outside of prison.

A DA government would:  Create halfway facilities to assist offender reintegration: These halfway facilities would be income-generating and self-supporting. There parolees and criminals who have served their sentence would find short to medium term accommodation and employment which does not come at the expense of the taxpayer. The halfway facilities would also provide support services and aftercare to offenders who are about to leave or who have already left the centres;  Ensure that there is a roll out plan to extend halfway facilities: The halfway facilities should be located within communities as much as possible. Halfway facilities can also serve as points of contact for offenders who have been integrated back into the community, where they can access on-going aftercare and support, as well as have the opportunity to participate in the income-generating projects.

 Make halfway facilities self-sustaining: Businesses and public-private partnerships would be encouraged to make use of such halfway facilities as locations for workshops and other business-related activities. A percentage of the business proceeds would go to support the halfway facilities and the residents of the halfway facilities would also earn a small income, which they can set aside for their future or use to support their families. The halfway facilities should not be supported by the State at the expense of the taxpayers, but should instead be run as income-generating and profitable enterprises in conjunction with the business community.

b. Criminal records and re-offending

Experts have found that the stigma of a criminal record can push former inmates into re-offending soon after their release87. In interactions with the Minister of Correctional Services in 2011, parolees also noted “stigmatisation and being shunned by potential employers because of their criminal records” as key issues that make it difficult to survive outside of custody88.

In practice, this means that offenders often continue to be punished long after they have served the imposed sentence and are more likely to return to crime.

Amendments to the Criminal Procedure Act in 2009 have allowed for the expungement of criminal records relating to certain criminal convictions. In terms of these amendments, criminal records can be expunged 10 years after the conviction date for a specific offence, and only if the offender did not, during the 10 year period, commit further crimes incurring a prison sentence (without the option of a fine). The individual wishing to have his/ her record expunged must apply to the Director General: Justice and Constitutional Development for a certificate of expungement.

The amendments do not apply to people convicted of sexual offences against children and whose names had been included in the National Register for Sex Offenders, those convicted of offences under the Children’s Act or those whose names have been included in the National Child Protection Register.

To ensure that the punishment incurred through certain offences (and particularly non-violent offences) does not exceed the crime, a DA government would consider the following options with regard to criminal records:  Amendments to the Criminal Procedure Act to change the 10-year provision to one that matches the period after which a record may be expunged with the length of a custodial sentence. For example: If an offender spent only three years in prison, he or she should be allowed to apply for the expungement of his/ her criminal record three years following his/her release from prison.  Amendments to the Criminal Procedure Act to allow for the expungement of a criminal record of first-time offenders where such offenders served non-custodial sentences and all the conditions of the sentences have been met.

87 Langa, in Du, S. 2013. ‘Can Rapists be Rehabilitated’, in The Star. Available. [Online]: http://www.iol.co.za/the-star/can-rapists-be- rehabilitated-1.1500813#.UX5sPKJ-6Y0 (April 2013). 88 Department of Correctional Services, 2012.

c. Second chance legislation

The strategic approach to correctional services in the United States changed dramatically when the Second Chance Act was signed into law in April 2008.

The objective of second chance legislation is to direct significant correctional services resources to reintegration programmes that can reduce recidivism rates. It is believed that this approach both prioritises the safety of communities and could result in significant reductions in spending on correctional facilities as offenders become less likely to return to prison89. Keep in mind that around two out of every three offenders who are incarcerated in South Africa return to prison at some later date.

The US legislation provides for (among others):  Grants to government agencies and non-profit organizations to provide employment assistance, substance abuse treatment, housing, family programming, mentoring, victims support, and other services that can help reduce recidivism90; and  Collaboration between the Departments of Justice, Corrections and Labour to support the development and implementation of evidence-based re-entry programmes91.

There is also a strong emphasis on mediation, restorative justice, and family counselling and therapy as a tool for the prevention of recidivism92.

At the moment, less than 5% of the Correctional Services Budget is spent on social reintegration93. Given the high cost of incarceration (more than R45 000 per prison per year), even limited success with the reduction of recidivism rates has significant savings potential.

A DA government would:  Fast-track consultation with relevant stakeholders to develop second chance legislation that could reduce recidivism and thereby make communities safer.  Facilitate a shift in South Africa’s approach to correctional services by prioritising offender reintegration in the planning, strategic frameworks and budgets of the DCS.  Improve co-ordination between community corrections and rehabilitation in correctional facilities by establishing formal platforms for interaction between the State and civil society structures involved in reintegration.  Ensure that family strengthening is prioritised and that family interaction is supported both inside and outside of correctional facilities.

89 Justice Centre. The Second Chance Act: Factsheet. Available. [Online]: http://reentrypolicy.org/government_affairs/second_chance_act (April 2013). 90 NICRO, 2013. 91 NICRO, 2013. 92 NICRO, 2013. 93 NICRO, 2013.

4.7. Managing the managers

Correctional service facilities will not be managed effectively unless the right staff are recruited and that staff are motivated appropriately.

Each head of a correctional centre must be given a performance-level agreement to which he or she must conform. Failure or inability to meet the targets in the agreement would result in the official being removed. Good performance would result in officials receiving bonuses and/or promotions.

A number of serious issues in correctional facilities relate back to a deficient organisational culture within the DCS:  In 2011/12, more than 3100 assaults occurred in correctional facilities, with the Judicial Inspectorate for Correctional Services reporting that nearly two thirds of these assaults were of correctional officials on inmates94. The Inspectorate also pointed out that the DCS is slow to take action against the officials involved.  In 2010/11, the DCS also noted negligence and non-adherence to security procedures as key causes of prison escapes95.  In 2011/12, 141 officials were found guilty of fraud96.  Out of 4 171 disciplinary hearings conducted in 2011/12, 9.23% dealt with breaching of security measures, more than 31% with absences from work and more than 10% with contraventions of acts and regulations.

Labour relations in the DCS remain fraught, with employee representatives taking the department to task for its failure to effectively implement the Occupational Specific Dispensation, decreasing staff numbers whilst increasing working hours in so-called “7 day establishments” and the unfavourable overtime system97.

A DA government would:  Implement the right recruitment and appointment procedures. Greater efforts must be made in the recruitment and appointment of quality staff and to prevent key posts from remaining vacant for extended periods.  Adopt strategies to retain skilled staff. Greater effort must be directed towards retaining skilled and experienced staff and to avoiding a high staff turnover. Such a strategy must examine salaries, career pathing and training opportunities.  Bring in the private sector. Partnerships must be forged with NGOs and the private sector to provide services such as training, counselling and reintegration of offenders where the State cannot do so.  Develop an appropriate shift model to relieve pressure on Correctional Services officials.  Re-orient recruitment to ensure sufficient staff representation in correctional facilities as opposed to the continued beefing up of senior management structures.

94 NICRO, 2013. 95 NICRO, 2013. 96 Department of Correctional Services, 2012. 97 Parliamentary Monitoring Group. 2013. Implementation of Occupational Specific Dispensation & 7-day establishment: interaction with Department & labour unions. Available. [Online]: http://www.pmg.org.za/report/20120904-follow-interaction-executive-and-senior- management-department-correct (April 2013).

 Establish a forum for continued engagement with labour representatives to ensure that staff and human resource issues are dealt with swiftly and efficiently.  Professionalise correctional service through an appropriately balanced qualification managed by a professional body.

Step 5: Compensation and Relief for the Victims of Crime

In any compassionate society, and particularly one with as high a rate of crime as South Africa, the victims of crime should be given active assistance by the state to recover from their ordeal and move on with their lives. Victims need support in recovering from the emotional and psychological trauma associated with crime and should be entitled to compensation for the medical and other costs they are forced to incur. This is particularly important for the many South African crime victims from poor communities.

However, the attention of the criminal justice system is currently focused almost entirely on the criminal rather than the victim. Victims of crime - especially victims of violent crime - are marginalised and often neglected by the State and by the very institutions designed to uphold and protect their rights.

Policies on the rights of victims exist, but are neither consolidated into one framework nor enforceable in any way. While several well-intentioned policies and protocols for serving victims exist in various departments, after many years, these are still far from having a meaningful impact on victims’ lives.

Service delivery for victims of crime is ad hoc and uneven across the country and there is nowhere that victims of crime can turn to for assistance or relief with no dedicated fund to assist them and ensure access to essential services. The poor and vulnerable members of society have no means of accessing counselling, advice or assistance. They are doubly victims because so often the criminal justice system violates their rights again and again.

The DA believes the justice system needs to have victims and their rights at the heart of everything it does. Victims should be the first consideration of every court orderly, public prosecutor and parole board member.

5.1. Directorate for Victims of Crime

The DA supports the creation of a statutory body called the Directorate for Victims of Crime (DVC) through an act of Parliament.

The Directorate would:  Be specifically mandated to represent and promote the interests and rights of victims of crime. The Directorate would be based at the national level and have offices in each province and at every District court  Consolidate all government policies into one central key document containing clear deliverables and indicators that set out specifically how each role-player in the criminal justice system is

responsible for protecting the rights of victims of crime. For example, the investigating police officer must refer every victim of a violent or sexual offence to their nearest DVC office for assistance and provide that victim with the necessary contact information.  Ensure compliance with the policy on victims by all government departments within the criminal justice sector and investigate complaints from people who believe their rights have been violated.  Establish a national toll free helpline for the public to use to request telephonic counselling, information, advice and referrals for services and assistance or to report any complaints about service delivery in respect of victims’ rights.  Administer a Victims of Crime fund to ensure that victims have access to services and assistance. Into the fund would be paid all fines imposed as sentences by courts, all bail monies which are forfeited to the State, a part of the money earned by prisoners while in prison, a levy on traffic fines and any money appropriated by Parliament for this purpose or donated or bequeathed to the fund by individuals or corporate bodies.  Establish a National Victim Support Training Centre where police and other relevant officials are required to take courses on how to protect and uphold the rights of victims. Medical practitioners, counsellors and all those working with victims in the private sector should also be able to take courses or be involved with the running of the centre and its training activities.  Require all restorative justice conferencing to be registered with the Directorate and create a complaints mechanisms for victims of crime involved with restorative justice processes where they feel unprotected or further victimised.

5.2. Keeping victims informed

Victims of crime require information on cases that affect them, including:  whether an arrest has been made;  progress with the investigation;  whether a case has been filed;  the progress of the case through the court system; and  basic details of the verdict of the case.

If an offender has been found guilty, the victim in the case should be able to determine the details of:  The offender’s eligibility for bail and bail conditions;  The offender’s sentence length and earliest possible release date;  Any transfer of the offender from a correctional services centre;  Any change in the offender’s status in terms of bail or parole eligibility;  Details on whether the offender has been granted parole and what the parole conditions are; and  Any escape by the offender from custody.

This detail must form part of an integrated information system for the justice system, tracking cases from the moment when a charge is laid.

The public should have access to this system. Where information may be considered to be confidential or present a security risk, the victim should be given secure login details to obtain the relevant information.