RULE 201 INQUIRY - PowerPoint Presentation

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RULE 201 INQUIRY

PORTFOLIO COMMITTEE ON POLICE BRIEFING 16 OCTOBER 2015Slide2

Introduction

Press statement from SAPS BOC released on 1 August 2015

Pledged support for the National Commissioner

Claims of low morale of the SAPS were unfounded

Supported the leadership of General PhiyegaCommittee took exception to the statementInvited the BOC to a Portfolio Committee on 12 August 2015Concern expressed that the statement SAPS made entered the political realm

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Portfolio Committee Requests

1.

The SAPS BOC should retract its statement;

2. The BOC members should apologise to the Committee;

3. The BOC members should apologise to the President; 4. The SAPS should give an undertaking that it will never repeat the process.All the Provincial Commissioners apologised to the President and the Committee for interfering in the process initiated by the President

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Mandate of the Committee

The mandate of the Portfolio Committee on Police is to:

a) Monitor the financial and non-financial performance of government

departments

and their entities to ensure that national objectives are met;b) Process and pass legislation;c) Facilitate public participation in Parliament relating to issues of

oversight and legislation;d) Review the performance of departments and entity through annual

reports

;

e) Scrutinise the financial and non-financial performance of

departments and

entity;

f) Interrogate the annual performance and strategic plans of the

departments and entity; andg) Monitor the implementation of legislation.

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Rule 201 (NA Rules)

A portfolio Committee:

(

b) must maintain oversight of –

(i) the exercise within its portfolio of national executive authority; including the implementation of legislation; (ii) any executive organ of State falling within its portfolio;

(iii) any constitutional institution falling within its portfolio; and (iv) any other body or institution in respect of which oversight was

assigned

to it;

(

c) may monitor, investigate, enquire into and make recommendations concerning any such executive organ of state, constitutional or other body

or institution

including the legislative programme, budget, rationalisation,

restructuring, functioning, organisation, structure, staff and policies of such organ of State, institution or any other body or institution;

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Terms of Reference

1)

Establish and consider whether the relevant officers were truthful with

their testimony

in presenting the facts leading up to the issuing of the said statements. 2) Establish and consider whether the documents and electronic material made available to the Committee verify the statements made during the

said Committee meetings.3) Establish and consider whether the relevant statements were made in compliance with

the National Instruction 156.

4) Establish and consider whether the relevant conduct by the officers is in

line with good

governance principles.

5) Establish and consider whether the relevant conduct prejudiced,

and

discredited the SAPS. 6) Establish and consider whether the said statements was aimed at

influencing the process by the President in response to the recommendations of

the Farlam Commission

in relation to the National

Police

Commissioner.

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Documents Considered

1)

Statements

issued by Senior Management members of the SAPS and

Provincial Commissioners during July and August 2015 in support of the National Commissioner, General R Phiyega. 2) The process leading up to the issuing of the statements with specific reference

to the meeting of the SAPS BOC (Board of Commissioners) that was held at

Magoebaskloof

on 15 and 16 July 2015.

3) Statements made by Senior Management and Provincial Commissioners

during

the Portfolio Committee meetings of 12, 18 and 19 August 2015;

4) A Statement issued by Lt. General. S. Makgale on 14 August 2015; and

5) Individual statements issued by senior commissioners in support of the National Commissioner.

6) Legislation

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Contents of Documents

SAPS

BOC Press Statement (1 August 2015

)

SAPS BOC 2nd Press Statement (14 August 2015)Standing Order 156: Media Communication in the South African Police ServicePortfolio Committee Meeting

held 12 August 2015Portfolio Committee meeting held 19 August 2015

Magoebaskloof

Hotel Meeting of the Board of Commissioners, 15-16 July

2015

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Consequences of the Press Statement(s) and Committee engagements with the BOC

SAPS

senior leadership

do

not understand the principle of civilian control in our democracy.Secondly, the interactions, showed that the police undermined the process initiated by President in response to the Farlam Commission Report. The Committee must decide if it was intentional.Thirdly, the 2nd press statement and the meeting held on 19 August 2015 showed how

some Provincial Commissioners moved from supporting the apology to the Committee and the President to supporting the 2nd press statement which did not amount to a retraction, but rather a restatement of support for the National Commissioner.

Lastly, it brought into question the credibility and trustworthy of the police officers to subject themselves to civilian control.

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For Committee Consideration

1)

Were

the relevant officers were truthful with their testimony in

presenting the facts leading up to the issuing of the said statements?2) Whether the documents and electronic material made available to

the Committee verify the statements made during the said Committee meetings?3) Was the relevant press statements made in compliance with the

Standing Order 156

?

4) Is the relevant conduct by the officers is in line with good

governance principles

?

5) Did the conduct by the officers prejudice, embarrass and discredit

the SAPS? 6) Was the press statements aimed at influencing the process by the

President in response to the recommendations of the Farlam Commission

in

relation

to the

National

Police Commissioner.

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