The Peace and Stability Commission Report
1. Focus of the Commission
The Commission conceived its mandate as prescribed by the ANC Constitution being both determining progress made in the implementation of the 53rd National Conference Resolutions, and proffering proposals to strengthen implementation thereof towards the 54th National Conference. Determination of progress made included assessment of evidence of performance as well as that of objective and subjective conditions defining the sociopolitical environment in which the National Democratic Revolution continues to be prosecuted after the 53rd National Conference. In this regard the Commission after considering reports on each policy area under Peace and Stability came to the realization that it is incumbent upon the ANC to protect the revolution from amongst others threats of terrorism, violent extremism and quasi-treasonous acts like police killings. The Commission
The Commission noted that there was significant progress in implementation of resolutions. Be that as it may the Commission observed that there were areas which needed to be strengthened and that there existed some hurdles towards the full implementation of conference resolutions. While many hurdles to implementation are borne of subjective factors which can be crossed through maximized effort and determination, others are anchored on objective factors to be addressed tactically. There is both progress and challenges in transforming organs of state charged with peace and stability, in this regard progress should be expedited and challenges resolved. There also should be strengthening of the capacity of the state to implement conference resolutions. Over and above the need to strengthen both the state capacity and transformation thereof, it is noted that national sovereignty and domestic stability have in period under review been considerably threatened.
The Commission welcomed amongst others the introduction of the new immigration regulations and acknowledged the impact of Operation Fiela in the fight against crime. The legislative changes with regard to immigration were meant to manage immigration in a manner that balanced SA openness to travelers taking into consideration security imperatives. Operation Fiela continues to have a positive impact against crime. Operation Fiela should be strengthened and extended to all provinces. Immigration regulations should be implemented concurrent with measures taken to limit unintended consequences. In this regard we support the Inter-Ministerial Committee led by the Deputy President and urge to speedily conclude its task.
The Commission takes a dim view on the killing of the police and believes that killing of the police is high treason. The Commission therefore sounds a stern warning to those who kill the police, in this regard the Commission declares: ‘hands off the police or else you will face the wrath of the people and their government!’
2. Improving the State’s corruption investigation, prosecuting, and conviction capacity
2.1 RECOGNIZING THAT:
2.1.1 The data on convictions on corruption is being collated for publication in the near future.
2.1.2 The Public Service Management Act has come into force and its implementation is being monitored by the Legislature and Governance Subcommittee.
2.1.3 The FICA has been amended to include prominent influential persons.
2.1.4 Private corruptions remains a competition legislation issue in the form of collusion, price fixing, horizontal and vertical restrictive anticompetitive acts. However plans are in place to ensure the imposition of stiffer penalties on private sector corruption offenders.
2.2 NOTING THAT:
2.2.1 Coordination between anti-corruption agencies needs strengthening.
2.2.2 Cooperation between the investigators, forensic experts and prosecutors is uneven and consequently some corruption cases are lost due to poorly court ready dockets and compromised evidence.
2.2.3 The coming into force of the legislation has not had a significant impact in deterring public servants from doing business with the state.
2.2.4 The focus on anti-corruption activities should extend to issues like land, buildings, licenses and permits, and provision of government services.
2.3 RECOMMENDING THAT:
2.3.1 There should be enhanced coordination of all anti-corruption agencies.
2.3.2 Investigations should be intelligence-driven and prosecution-led to ensure a high conviction rate.
2.3.3 Civil servants including those in the security cluster should be periodically rotated from one employment site to another so as to circumvent growth of unprofessional and frequently corrupt relations with clients, service providers and other persons they interact with and/or are responsible for.
2.3.4 The government should conduct a lifestyle audits for all employees of the state and its related entities.
2.3.5 The vetting process should be expedited for government employees and its related entities.
2.3.6 There should be a single vetting agency for the state to vet all strategically placed civil servants (including state owned enterprises) including those who reject promotion even though it comes with an improved remuneration package.
2.3.7 Deployment Committee should also ensure proper vetting is undertaken prior to deployment of comrades.
2.3.8 The ANC should take decisive action against members involved in corruption including those using money to influence outcomes of conferences
2.3.9 Challenge the leadership of the private sector to subject itself to instruments of financial interest disclosure, vetting and life style audit.
3. Ensuring that all the people of South Africa are and feel safe
3.1 RECOGNIZING THAT:
3.1 There has been a general decrease in serious crimes over 10 years according to the crime statistics released for 2014/15, although the category of contact crimes remained stubborn.
3.2 Community Safety Forums have been established in all the provinces except the Free State. There are 126 Community Safety Forums in the country .the police secretariat should embed of the functioning of the CSF.
3.3 A concrete roadmap towards the Single Police Service is being implemented. A technical legal team has been put together to ensure that there is legal compliance in implementing the resolution.
3.4 Operation Fiela has been rolled out throughout the country and has boosted the confidence of the people in the capacity of our government to fight against crime.
3.2. NOTING THAT:
3.2.1 There is insufficient funding for CPFs.
3.2.2 There is lack of public confidence in the Criminal Justice System (CJS) and the ability of the government to self-correct as evidenced vigilantism acts and violent public protests.
3.2.3 The lack integration of the CJS through amongst others ICT impacts on its optimal performance.
3.2.4 A high number of parole applicants are rejected due to lack of compliance with the offender profiles.
3.2.5 Proximity and accessibility of police stations to communities especially rural and peri-urban ones remains a challenge in the fight against crime.
3.2.6 There are inadequate systems in place to facilitate victim participation in parole processes.
3.2.7 Though allocation of resources in the past ten years has been increasing at 10% per annum, there has not been significant corresponding benefit to the people.
3.2.8 The Regulation of Gatherings Act only requires the applicant to give notice and not apply for permission, in this regard to stop an illegal march requires an order of court by a magistrate. This has invariably led to legal difficulties where police have ventured to stop illegal marches without first securing a court order.
3.2.9 There is a perception that crime pays and hence communities harbor certain crime benefectors for own benefit, e.g. those who conduct illegal electricity connections are sometimes not only protected by the communities but the illegal connection which are an illicit benefit remain in place befitting a huge number of community members.
3.2.10 There is a perception that South African job creation favours non-nationals and the reality that some non-nationals occupy strategic positions which drive our policy implementation in the civil service. This is a source of potential domestic instability as we as a risk to national security.
3.2.11 There are no street committees in the majority of communities despite their critical necessity in fighting crime.
3.2.12 There is a concerning rise in incidents of brutal police killings by criminals. The acts police killings are tantamount to treason and should attract the highest penalty befitting such crimes.
3.2.13 Recently promulgated regulations of Unmanned Aerial Systems (aka drones) have a potential of inadvertently facilitating the breach of national security as drones could be abused to aerially monitor activities of security organs.
3.2.14 Several policy people who are deployed in the same area for lengthy periods of time tend to be vulnerable to compromising policing principles and thus become ineffective in the fight against crime.
3.3 RECOMMENDING THAT:
3.3.1 Enhance the capacity of the courts to eliminate the backlogs and increase the conviction rates. Call upon the judiciary to report regularly and timeously on the finalization of cases.
3.3.2 Proximity and accessibility to police stations should be improved through building infrastructure and facilities to ensure enhanced police visibility at community levels.
3.3.3 There is a need for the security cluster to look at its resource allocation guide including service model.
3.3.4 The administration of the CJS should be stabilized such that all outstanding investigations and prosecutions are concluded expeditiously, and all vacant posts filled.
3.3.5 Strengthen the capacity of the CJS to prevent, investigate and prosecute crime to ensure better results.
3.3.6 Expedite the integration of the CJS such that ICT is at the centre of case management, policing, and prosecution.
3.3.7 There should be partnerships with international crime fighting entities to ensure that criminal networks are combatted in all their bases across the crime chain in each country.
3.3.8 The government should look at amending the Regulation of Gatherings Act to facilitate ease of stopping illegal marches.
3.3.9 The ANC branches should play a critical role in exposing those who commit crime as well as those who harbor criminals.
3.3.10 The government should not only arrest those who commit crime but should eradicate all sources of benefits derived from criminal activities including but not limited to illegal electricity connections.
3.3.11 The security cluster should plan regular programmed joint operations to fight crime and corruption in manner that is visible to the public.
3.3.12 The government should explore the use of ICT for crime prevention e.g. installation CCTV technology from national to municipal level.
3.3.13 There should be equitable resource allocation across the CJS to ensure uniform maximum output.
3.3.14 The resolution not to appoint non-nationals at senior and strategic government positions must be adhered to.
3.3.15 ANC branches should be in forefront of protecting the police and should mobilise their respective communities in the fight against police killings. The branches should embark on a campaign to warn police killers that if they do not refrain from such acts they will face the wrath of the people and their government.
3.3.16 The Commission reasserts the resolution to complete the process of regulating the Private Industry and thus urges that the Bill should be signed into law regardless of external pressure.
3.3.17 The regulations on Unmanned Aerial Systems should be reviewed to obviate all possible security breaches that may arise unintendedly.
3.3.18 Police should be deployed on a rotational basis to enhance their effectiveness in fighting crime.
4. Private Security Industry
4.1 RECOGNISING THAT:
4.1.1 The Private Security Industry Regulation Bill is before the President for assent.
4.2 NOTING THAT:
4.2.1 The imminent signing of the Private Security Industry Regulation Amendment Bill has triggered threats by some countries that if it is signed into law it would have a negative effect on economic growth in the country. Private Security threatened to lobby South Africa’s exclusion on AGOA and other trading platforms
4.2.2 The private security industry ownership of and massive employment of foreigner’s poses a security risk.
4.2.3 The fact that the private security industry is in possession of excessive amount of capacity poses a national security risk.
4.2.4 A number of national key points are secured by foreign owned private security companies.
4.2.5 Noted an increase of the utilization of private security by government across the three spheres
4.2.6 Certain South African private security companies doing business in the continent sometimes get involved in activities that undermine South Africa’s diplomatic work in the continent.
4.3 RECOMMENDING THAT:
4.3.1 Government must with immediate effect take leadership in securing all national key points using our security services.
4.3.2 The security cluster to engage all spheres of government with regard to the utilization of private security companies.
4.3.3 The President should sign the Private Security Industry Regulation Bill without much ado to ensure that controlling interest of private security companies is in the hands of South African nationals.
5. Creating the Border Management Agency (BMA) by 2016, Concluding the International Migration Review and Recognition of DHA as a security department.
5.1 RECOGNIZING THAT:
5.1.1 The progress made towards establishing the Border Management Agency (BMA) which include work on bringing the BMA Bill to Parliament.
5.1.2 Comprehensive review of International Migration Policy is underway and a Green Paper is due to be gazetted for public discussion early in 2016 – 2017. To this effect there has been support for the view that South Africa needs to think about in a positive way while taking robust steps to ensure it is managed strategically and securely by the whole government supported by civil society
5.2 NOTING THAT:
5.2.1 South Africa has not adequately invested in the people, systems and institutions needed to manage migration effectively and securely.
5.2.2 The existing White Paper on International Migration (2009) is compliance based, whereas proactive management of international migration requires adopting a risk-based approach within the framework of the Constitution.
5.2.3 The existing White Paper does not take the context and its strategic interests into account.
5.2.4 Despite a service delivery and governance role, the Department of Home Affairs (DHA) essentially operates in a highly secure environment. To this effect, the need for the DHA to be located within the security cluster is not adequately recognized and hence the Department is classified as a general administrative department and is hence only provided with a baseline budget that is sufficient to operate as a routine administrative department delivering services of relatively low value.
5.2.5 There are many people who are undocumented throughout the country.
5.2.6 International migration is a worldwide problem and requires international cooperation to address.
5.2.7 There is a high migration rate from other parts of the continent to Europe and South Africa.
5.2.8 There is a necessity for a permitting regime for low skilled migrants from neighbouring countries.
5.2.9 There is a need to develop an efficient refugee regime.
5.2.10 There are unintended consequences in balancing security and economic imperatives.
5.3 RECOMMENDING THAT:
5.3.1 Finalization of the White Paper which will form the basis for drafting comprehensive new legislation.
5.3.2 The IMC led by DP to conclude its tasks as soon as possible.
5.3.3 DHA must be categorized as a security department with adequate funding to provide its services in a secured manner.
6. Finalising and implementing the single police service
6.1 RECOGNISING THAT:
6.1.1 The policy framework has been set in the White Paper on Police.
6.2 NOTING THAT:
6.2.1 There were some objections raised by SALGA and an interdepartmental task team has been established to address it.
6.3 RECOMMENDING THAT:
6.3.1 The implementation of this outstanding conference resolution must be expedited.
7. Implementing the Defence Review Strategic Policy and Strengthening Peace Support Operations
7.1 RECOGNISING THAT:
7.1.1 A Defence Review Overarching Implementation Framework, aligned with the National Planning, Budgeting and Reporting Cycle, has been completed and approved.
7.1.2 The South African National Defence Force (SANDF) has continued to contribute to peace, stability and security on the Continent by deploying military capabilities in a wide range of prominent and internationally recognized external Peace Support Operations (PSO).
7.1.3 The SANDF has been involved in supporting the people of South Africa and the continent in the domain of humanitarian assistance.
7.1.4 The SANDF continued to execute Border Safeguarding operations by deploying 13 sub-units along the borders.
7.1.5 The SA Navy continues to deploy its assets to combat piracy in the Mozambican Channel.
7.2 NOTING THAT:
7.2.1 There has not been adequate advocacy for the resourcing of the Defence Force as the Defence Review.
7.2.2 The Defence Review Strategy processing by Parliament took place concurrently with the hearings in the Arms Procurement Commission. The public perception that arms procurement was tainted by corruption was ignited by the hearings despite the fact that the quality of evidence proffered in the commission hearings revealed the contrary.
7.2.3 The Defence Review is not funded in the current MTEF to implement some of the recommendations as contained in the Defence Review which deal with Milestone 1. There is no indication that it will be funded even in the outer years due to the economic conditions prevailing in the country and all efforts are underway to engage National Treasury for more funding.
7.2.4 The SANDF members deployed in Sudan are unable to defend themselves effectively because UN conditions limit their fire power to peace keeping arrangements and not peace enforcement armaments which results in negative rebel forces having superior weapons to that of the SANDF.
7.2.5 It has not been possible to deploy the required 22 sub-units along the borders due to funding challenges.
7.3 RECOMMENDING THAT:
7.3.1 The ANC should lead an advocacy campaign to educate the public about the necessity of the implementation of the Defence Review especially as it relates to national sovereignty and safety of all citizens.
7.3.2 Adequate provision of funding must be made by the state for the implementation of the Defence Review outcomes. Alternative models of funding the implementation of the Defence Review such as ringfencing the United Nations (UN) reimbursement for PSO and revenues generated from disposals of obsolete assets should be explored.
7.3.3 The ANC should ensure that DOD and DIRCO engage with the AU and UN to ensure appropriate equipping of the peace keepers in Sudan to enable them to defend themselves or the SANDF members to withdraw from the Sudan Peace Keeping Operation (PKO).
8. Non-Statutory Forces Integration
8.1 RECOGNISING THAT:
8.1.1 A project team has been established in the Office of the Deputy Minister of Police to deal with amongst others pro-rating of leave, pension pay-outs, and re-ranking.
8.2 NOTING THAT:
8.2.1 The challenges of remuneration, benefits, ranks and promotions in certain areas remain unresolved in the security establishment.
8.3 RECOMMENDING THAT:
8.3.1 Government must conclude the resolution of all outstanding matters related to the NSF by the end of the financial year.
9. Transformation of the Judiciary
9.1 RECOGNISING THAT:
9.1.1 There has been notable progress in the demographic transformation of the bench albeit with minor progress in achieving gender equity.
9.1.2 The Department of Justice has commenced with the rollout of the rationalization of magisterial districts which commenced on 1 December 2014 in respect of the Gauteng and North West Provinces.
9.1.3 The construction of the seat of the Mpumalanga Division of the High Court is scheduled for completion by August 2016.
9.1.4 Government continues to build a minimum of two magistrates courts per year which is attributed to the 53 new courts which were built in the past first 20 years of democracy.
9.1.5 The National Forum on the Legal Profession established in terms of Chapter 10 of the Legal Practice Act 10 of 2015 which came into operation on 1 February has commenced with its tasks. The National Forum on the Legal Profession is the first statutory body that represents both attorneys and advocates and is therefore an important step in the quest to creating a single regulatory framework for all practitioners as part of advancing transformation of the legal profession.
9.2 NOTING THAT:
9.2.1 The Commission welcomed the meeting with the President called by the judiciary. However the commission is gravely concerned by the growing incidents of judicial overreach.
9.2.2 The commission understands that the ANC is an independent structure with its own Constitution and internal disciplinary processes and therefore the rulings of the judiciary on ANC internal processes to even disband ANC structures are seen in the dim light by the commission.
9.2.3 While the commission upholds separation of powers and independence of the judiciary, the recent pronouncements of the judiciary in public podia on matters relating to policy are of serious concern.
9.3 RECOMMENDING THAT:
9.3.1 We reiterate the defence of the constitutional democracy.
9.3.2 We recognize the separation of the three arms of state to be equal, distinct and independent.
9.3.3 Encourage public discourse on the functioning of the three arms of state.
9.3.4 The ANC should organize a people’s summit to engage on the challenges presented by judicial overreach.
9.3.5 There should be a deliberate programme to support progressive black legal professionals to enhance the transformation imperatives of the judiciary.
10. State Security and Cyber Security
10.1 RECOGNISING THAT:
10.1.1 Cyber security structures have now been established. Democratic intelligence dispensation has come a long way in establishing the domestic security situation and in creating the conditions for democracy to flourish, as well as creating space for citizens to exercise their constitutional rights.
10.1.2 South Africa has contributed significantly to the security of the Southern African region and the continent.
10.1.3 The Department continues to work closely with other security agencies in SADC through the regional early warning centre, African Union Peace and Security Council through Committee on Intelligence for State Security in Africa and African Centre for Study and Research on Terrorism and United Nations Security Council through the Executive Directorate on Counter Terrorism as well as agency to agency relations.
10.1.4 A draft National Cyber security Policy Framework (NCPF) and a draft Cyber security Bill have been prepared.
10.2 NOTING THAT:
10.2.1 There have been increased incidents of cyber attacks globally.
10.2.2 There is limited regulation of cyber space in the world.
10.2.3 Noted increased utilization of foreign unsecured information systems in government.
10.2.4 International terrorism and globalization have resulted in the softening of borders and exacerbated security problems to unacceptably dangerous dimensions.
10.2.5 There is a rising number of purportedly organized illegal mining activities (aka zama-zamas) and this phenomenon potentially poses a threat to domestic stability and national security.
10.3 RECOMMENDING THAT:
10.3.1 The Government should expedite the finalization of the relevant legislation and regulations.
10.3.2 There must be public awareness campaigns on securing the cyber space.
10.3.3 The security cluster must put systems and measures to protect the integrity of state information systems.
10.3.4 Focused attention on economic intelligence and illicit economy
10.3.5 Government must finalise the implementation of a security cluster ICTS.
10.3.6 Cooperation against international terrorism and violent extremism in the global village should be strengthened.
10.3.7 There should be an inter-ministerial cooperation in eliminating illegal mining activities.
11. Military Veterans
11.1 RECOGNIZING THAT :
11.1.1 The Military Veterans Act 18 of 2011 will be reviewed to focus amongst others on extension section 5 benefits to dependents and repeal of the clause disqualifying dishonorably discharged members from access to benefits.
11.1.2 The Special Pensions Act will be reviewed to focus amongst others on tax exemptions to beneficiaries and consideration of late applications
11.2 NOTING THAT:
11.2.1 The current formulation of the legislation regulating military veterans remain exclusionary.
11.2.2 Other organs of state not adequately fulfilling their obligations towards military veterans.
11.3 RECOMMENDING THAT:
11.3.1 The Military Veterans Act and Special Pensions Act need to be reviewed and amended.
11.3.2 All state organs across all spheres of government must comply with the Military Veterans Act 18 of 2011.
11.3..3 A process to clean the database for military veterans