NGC 2015 DISCUSSION DOCUMENTS

PEACE AND STABILITY

8

A MID-TERM REPORT
1. Introduction
This Report is based on the resolutions of the
Mangaung Conference, underpinned by the desire
to realise the objectives of the Freedom Charter
and informed by the activities of the Justice Crime
Prevention and Security Cluster as well as the ANC
Caucus of Parliament (Peace and Security Cluster) in
the period following the Mangaung Conference and
guided by the ANC Manifesto of 2014 and   Medium
Term Strategic Framework (MTSF) 2014–2019. The
report seeks to provide feedback on the progress made
regarding the implementation of the resolutions of the
Mangaung Conference regarding peace and stability.
The vision of the committee can be expressed in the
words of the National Development Plan (NDP) that
in 2030, people living in South Africa are safe and feel
feel safe. They are safe at home, at school, at work and
enjoy an active community life free of fear. Women
can walk freely in the streets and children can play
safely outside. The police service is a well-resourced
professional institution staffed by highly skilled officers
who value their work, serve the community, safeguard
lives and property without discrimination, protect the
peaceful against violence and respect of the rights of
all to equality and justice.
The NDP further provides that in 2030 South Africa has
zero tolerance for corruption, the citizenry have the
confidence and knowledge to hold public and private
officials to account and leaders hold themselves to a
high ethical standard and act with integrity.

2.  Progress in realising the 2nd Phase of
transition
The Security Cluster has been able to address some
of the resolutions of the Mangaung Conference with
varying degrees of success.

2.1 POLICE
SAFER COMMUNITIES
The Annual Crime Statistics released by the Police
for the period 2008/09 to December 2013 indicate
a continued general decrease in serious crime. The

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general decrease in serious crime can be attributed to
the following:
n  Huge investment in policing and criminal justice
system since 2009.
n  Improved police to population ratio which now
stands at 1:336
n  Various other initiatives also contributed in this
fight against crime, such as:
o  closer interaction with communities, through
strengthened implementation of Community
Policing Forums (CPFs) and Community
Safety Forums (CSFs) (there are, however,
issues delaying full implementation). Sector
policing has also been adopted as an
operational policing approach to strengthen
the philosophy of community policing in SAPS.
As at the end of 2013/14, sector policing was
implemented at 1 078 (95%) of the 1 137 police
stations;
o  the implementation of a Rural Safety Plan;
o  Improving the police forensic capabilities at
crime scene and forensic   laboratories; (the
National Department of Health laboratories
have also improved their capabilities and
capacity and have made progress relating to
the backlogs in terms of blood and toxicology
analysis).
o  Improvements to the Automated Fingerprint
Identification System (AFIS) as well as staffing
and technology at local criminal record centres;
and
o  Improvement in detective services capacity,
skills and training.
The reports of Victims of Crime Surveys in 2011
and September 2012 also indicated that victims of
crime are beginning to see some results in the fight
against crime and the improvement in the treatment
of victims. This has also been alluded to by the 2013
Ipsos-Markinor survey which found that more than
half (55%) of the population perceive government as
performing well in ensuring the safety of the public
by deploying the police within communities; and

 NGC 2015 DISCUSSION DOCUMENTS
the US-based IHS Crime Index which also noted that
“[t]he decline in overall crime in South Africa has been
echoed in both indices, reporting a steady decline since
2002. Violent crime is at the lowest level seen in a decade,
declining some 40% between 2002 and 2013. Property
crime experienced a decrease of 24% over the same
period.”
However, there has been only a slight reduction in
the number of serious crime cases reported in the
2013/14 financial year according to police statistics
released in September 2013. A worrying development
has been the 0.5% increase in the number of contact
crimes (murder, attempted murder, sexual offences,
and assault with intention to inflict grievous bodily
harm, common assault, robbery with aggravating
circumstances and common robbery) reported in the
same period.
The terms of reference for the second Victim
Satisfaction Survey for 2014 was approved by the
Director General of Department of Social Development
for implementation in the 2014/5 financial year.
The Safer Festive Season Operations continues every
year around such periods, with a concerted focus
on crimes against women, children, persons with
disabilities and the elderly. This campaign will continue
in the years to come until crime over the festive season
has been significantly lowered.
President Jacob Zuma has mobilised support for the
crime combating effort, ahead of the 35th Annual
Crime Stoppers International Conference when he
called for a more active citizenry to enhance the quest
to fight all types of crime that endanger and undermine
human rights. He indicated in a media statement that
in the South African context, active citizenry was yet to
be fully exercised to advance the cause of drastically
curbing crime. “If we are to make even more meaningful
inroads in the fight against crime, as a people, we need
to fully activate our sense of community and each play
our role in supporting the law-enforcement officers of
South Africa, of the Southern African Region and even
further afield. We must blow the whistle on crime when
we are aware of it, whether it happens on a street corner
or behind a closed bedroom door,” said President Zuma.
The President added that tolerance of perpetrators of
crime in communities was no longer an option. “In any
country, the heinous murder of law-enforcement officers
can never be supported, condoned or overlooked,” he
emphasised.
There seems to be a growing tendency towards
attacks directed at law-enforcement officers. This is
a phenomenon that would require the attention of

security cluster with a view to ensuring that the law
enforcement officers gain the necessary respect from
the population of South Africa whilst respectfully
providing service to them.
Through partnerships and tip-offs received via Crime
Stop and Crime Line a total of 3 280 persons have
been arrested and over R56 million worth of illegal or
unlawfully obtained property and goods have been
seized between 2007 and 2014. Furthermore and
consequent to collaborative Drug Watch campaign in
Gauteng and the Western Cape, 30 000 drug offenders
were taken into custody, as a result of tip-offs. This
clearly illustrates the value of collaboration between
the law enforcement agencies and communities
PROGRESS IN ESTABLISHING COMMUNITY SAFETY
FORUMS (CSF’s)
CSF’s have been established in all provinces except
Free State. The level of implementation has been
uneven, with some provinces such as Limpopo having
reached their target, while other provinces have made
only marginal progress. The majority of the structures
have been established at a local municipal level as
opposed to district and metro. The structures that have
been established appear to be functional, with clearly
designated chairpersons and frequent meetings.
Changes in senior management personnel have
had a negative impact in the establishment process
in the Free State. The Free State is in the process of
holding workshops with municipalities, with a view to
obtaining Council Resolutions for the establishment of
CSFs.
There are 278 municipalities. A total of 126 CSF’s has
been established in eight provinces. At this rate, the
implementation process could be finalized in one to
two years’ time.
CHALLENGES
There is still a   negative perception among the
population regarding personal safety, citing instances
of violence against women, children, Lesbian, Gay,
Trans-gender, Bi-sexual and Inter-sex (LGBTI) persons,
the elderly, as well as farm attacks. Consequently,
to transform these negative perceptions regarding
personal safety it is crucial that the violence against
individuals and groups be effectively and efficiently
combated. An aggressive media campaign by
the security cluster (SAPS in particular) aimed at
demonstrating the achievements of the SAPS in the
fight against crime may be necessary to counter the
negative media reporting.

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The fact that SAPS provides the crime statistics on an
annual basis implies that trends can only be known
after a year. This prevents efficient intervention as
plans to circumvent the trends can only be developed
once the plans are known. This impacts negatively on
what can be shared with the public at media briefings
and it impacts negatively on planning interventions as
trends and hotspots are not immediately known.
Interaction with the community through street
and ward committees needs further attention to
augment the work done through CPFs and CSFs.  The
strengthening of the policy and operational basis of
CSF is required (CPFs operate in terms of legislation
but not CSFs).
DOMESTIC STABILITY
Domestic instability is a serious challenge that if left
unattended will undermine our democracy, rule of law
and development trajectory. Issues that contribute
to this instability are growing culture of lawlessness,
impunity, violence in industrial and service deliveryrelated protests, as well as disrespect for authority and
for one another.
Whilst general stability enforcement actions have
continuously been imposed over the period under
review, there still are instances of domestic instability
characterised by violence associated with protest
action (whether service delivery protests or labour
protests) and stakeholder rivalries (i.e. union rivalries in
the mining sector and violence in the transport sector).
In an endeavour to curb domestic instability, several
mechanisms have been put in place including the
launching of the Cluster of a Mine Crime Combating
Forum (MCCF) in Rustenburg on 14 August 2013
and other Crime Combating Forums in other areas.
The setting up of a JCPS National Joint Intelligence
Support (NATJOINTS) structure with corresponding
sub-structures at provincial and local levels is
assisting with coordination of the stability actions. The
NATJOINTS is operational on a 24 basis throughout
the year. In addition, Inter-sectoral Priority Committees
and dedicated inter-sectoral Task Teams, comprising
all relevant role players across the JCPS value chain,
have been set up to drive interventions as and when
required at all levels, in an endeavour to address the
priorities of the security cluster of government.
SINGLE POLICE SERVICE
The objective for as Single Police Service is to maximise
effective policing in South Africa. This resolution is

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in a process of been realised. A concrete road map
has been implemented by the Peace and Stability
Sub-Committee.   A technical legal team is being
established for legal compliance of the resolution. In
effecting   a Single Police Service, the subcommittee
proposes the option that municipal police function
as a division within SAPS with a Deputy National
Commissioner responsible for the division. In this
option, it will require that the municipal police chiefs
are appointed by the municipalities in consultation
with the Deputy National Commissioner responsible
for municipal policing. The proposal provides for all
because the municipalities get to keep the municipal
police, and the SAPS gets to exercise central command
and control over the Metro Police Chiefs. It will require
a reporting function to the National Commissioner.
The SAPS Act provides for the establishment of two
branches of single service namely SAPS and Municipal
Police both becoming into existence by the same
act, meaning there are certain readily implementable
actions such as the National Standards which look at:
n  Uniform training,
n  Disciplinary framework,
n  Inter-sphere
police
service
co-operation,
assessment and review of performance
n  Assessment and review of the performance of
municipal police in national policing efforts.
The technical team will also look at the effects of road
traffic police, a function which is administered by the
Department of Transport.

2.2 JUSTICE
IMPROVED EFFICIENCY IN THE JUSTICE SYSTEM AND
TRANSFORMATION OF THE JUSTICE SYSTEM
Good progress has been made in relation to the
transformation of the justice system.  
n  The decision to restructure the judiciary and
integrate the courts was affirmed by the Superior
Courts Bill and the 17th Constitution Amendment
Bill which were both signed into law during 2013.
The Superior Courts Act brought together a number
of separate pieces of legislation relating to the
Constitutional Court, the Supreme Court of Appeal
and the High Court. The Act also rationalised the 13
High Courts, which included those inherited from
the former apartheid homelands into a single High
Court with a fully functional divisions of the Court
established in each Province. The 17th Constitution
Amendment Act on the other hand paved the way
for the Constitutional Court to be the apex court

 NGC 2015 DISCUSSION DOCUMENTS
on all matters. This Act has also enhanced the
independence of judiciary and strengthened the
separation of powers.  
n  In its endeavor to transform the justice system
the Department of Justice and Constitutional
Development has also started to implement the
alignment of the magisterial districts to municipal
districts. In this regard, 36 magisterial districts
within Gauteng and North-West province have
been identified for alignment to the municipal
districts with effect from 1 December 2014. The
process will continue across the other provinces
over the next two years. The rationalisation
of courts and re-demarcation of magisterial
jurisdictional boundary processes resonates
within the National Development Plan particularly
with regard to its quest to redress the legacy of
spatial injustices of the past.   The effect of this
legacy is that communities living in the defunct
Bantustans, and historically Black townships
and rural areas continue to be excluded from
the mainstream of the country’s economy and
justice system. In terms of the rationalisation
principles for every municipality there ought to
be a magistrate’s court and for every province
a Division of the High Court. The rationalisation
project will also benefit the justice sector broadly.
Within government the JCPS cluster and law
enforcement agencies such the Police, Corrections
and the Department of Social Development will be
able to reorganise their service areas in line with
the rationalised demarcations. This will in turn
enhance coordination and integration of services
across the justice sector.  
n  The Legal Practice Act has been finalized and
signed into law. This Act will help in removing
barriers to entry into the legal profession and in the
long-term increase the pool of legal professionals
from which potential judges and magistrates can
be drawn.  At the same time, the Act will strengthen
the independence of the profession, whilst at the
same time allowing for greater accountability of
practitioners. One of the new initiatives contained
in the Act is that there will be one regulatory body
for the legal profession as a whole. The Act provides
for the Minister to, after consultation with the
Council, prescribe the requirements for community
service which could include community service as
a component of practical vocational training by
candidate legal practitioners; or a minimum period
of recurring community service by practising legal
practitioners.
n  As part of the transformation of the State Legal

Services process the DOJCD has proposed
amendments to the State Attorney Act of 1997,
which have been passed by Parliament. This will
enable the Department to appoint a SolicitorGeneral who will oversee state litigation and put
in place measures to effectively manage state
litigation. There are serious challenges relating to
the functioning of the state attorneys and how
state litigation is dealt with.   The transformation
of the state legal services will help improve the
interaction between state attorneys and the client
departments.
n  On 17 September 2014 Cabinet noted the transfer
of administrative functions and staff attached to
the Superior Courts from the Department of Justice
and Correctional Service to the Office of the Chief
Justice. The transfer of functions and identified
staff commenced on 1 October 2014. This is in
line with the constitutional requirement for the
separation of powers and an independent judiciary.  
It will also allow the Office of the Chief Justice to
render support to the Chief Justice in exercising
administrative and judicial powers, duties as Head
of the Judiciary and of the Constitutional Court.  
Through delegated authority sanctioned by the
Superior Courts Act and other applicable legislation
the Minister’s administrative management role
is exercised through the Secretary-General of
the Office of the Chief Justice as his proxy.   The
Minister however remains the Executive Authority
and in terms of the Constitution and applicable
legislation the Secretary-General, and not the
Chief Justice, accounts through the Minister to
the Auditor-General and Parliament’s Standing
Committee on Public Accounts (SCOPA) and other
relevant Portfolio Committees.
Court Efficiency Improvement. The Cluster continued
to make good progress in relation to the move towards
a more effective and integrated Criminal Justice System
(CJS).  In this regard there has been good progress in
relation to the following:
n  Improved Case Finalisation: The judiciary has
embarked on improving the effectiveness of the
courts through judicial leadership in case flow
management and the development of norms
and standards for courts that have been gazetted
and applies to all judicial officers. During 2013
National and Provincial Efficiency Enhancement
Committees were established, led by the respective
Judges President to strengthen coordination and
communication and the removal of blockages
across the whole criminal justice system value
chain.

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n  The lower and high courts have maintained a
positive clearance ratio during 2013/14. A total
of 931 799 new cases were enrolled and 962 632
cases disposed of, representing a positive clearance
rate of 3.3%. A total of 30 833 more cases were
disposed of than received in delivering justice to
the community.

of outstanding cases which was reduced by 3.6% (6
831 fewer cases) and the backlog cases which was
reduced by 11.2% (3 472 fewer cases).  The backlog
courts further maintained high conviction rates
with the district courts maintaining an average
conviction rate of 93.1% and regional courts of
75%.

n  The courts increased the number of criminal court
cases finalised with verdict by 1.8% during 2013/14.
A total of 5 763 more cases were finalised than in
the previous year. The lower courts finalised 329
153 cases with a verdict, with an overall conviction
rate of 91.7%.

The Sexual Offences Courts programme was relaunched in 2013 to address sexual offence cases
more effectively. In this regard 57 such courts were
identified to be operationalized, with 22 expected to
be re-established during the current financial year.

The first quarter 2014 (April – June 2014) indicated the
following positive aspects (NPA statistics):
n  High conviction rates were maintained by all courts
and the set targets were significantly exceeded.
Conviction rates in all forums also improved
compared to that achieved in the same period the
year before.
n  Performance improved with the courts achieving a
94% conviction rate in complex commercial crime,
exceeding the quarterly target of 93%. The Special
Commercial Crimes Unit’s (SCCU) methodology of
prosecutor guided investigations (PGI) contributed
to the successful prosecutions and increased
performance.
On the negative side the first quarter statistics from
the NPA indicate the following:
n  The courts finalised 1 718 fewer criminal court
cases with a verdict, 2.1% below the quarterly
target of 81 069.
n  Court performance continued to be negatively
impacted by case flow related challenges, poor
investigations by the South African Police Service
(SAPS), shortage of foreign interpreters and
Legal Aid South Africa representatives and the
unavailability of judicial officers at some courts.
There has also been a significant reduction of court
backlogs through the Backlog Courts:
n  At the end of March 2014, there were 27 582 backlog
cases country-wide in all courts. In addition to the
normal courts, 57 regional and 21 district backlog
courts assist in dealing speedily with these cases to
reduce the backlogs. The backlog courts continued
to assist during 2013/14 by finalising 21.3% (3 679)
more cases compared to the previous year. This
contributed to the overall reduction in the number

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The Integrated Justice System (IJS) Project, led by
the IJS Board and reporting to the JCPS DG Cluster
Forum monthly, entails the re-engineering of business
processes and ICT system developments throughout
the criminal justice process, i.e from arrest to
prosecution,to imprisonment,parole and rehabilitation
has been fast tracked.  Five (5) key Integration priorities
were approved for the short to medium term and
are currently underway, notwithstanding challenges
as a result of SITA areas of concern. Much has been
achieved in this regard, but full integration is still
work in progress and may take several more years to
complete. The 5 key integration areas are as follows:
n  Prioritisation of the integration of all the
departmental case related systems (in and across
Police, NPA, Justice, Legal Aid SA, DCS).
n  The establishment of a single person identifier
across the Criminal Justice System (CJS).
n  Re-prioritisation of the development and rollout of
the Person Identification Verification Application
(PIVA), and other person related integrations for
10-fingerprint searches, fast criminal record checks
on SAPS AFIS/ E-NATIS and DHA HANIS systems.
n  The establishment of a single database for the JCPS
cluster for statistical purposes and the electronic
exchange of management info across the Cluster.
n  On-going development of an integrated CJS
performance measurement information system
and dashboard (based on 28 Key Performance
Indicators across the CJS).

Harsher Sentences for Rhino poachers
There has been a visible effort by the courts to hand
down harsher sentences against those convicted of
rhino poaching.

 NGC 2015 DISCUSSION DOCUMENTS
Race and gender breakdown in the Judiciary 2014

A comparison of the magistracy between 1998 and 2014 indicates the following progress in making the
lower court bench more representative:

CORRECTIONAL SERVICES
In terms of correctional Services the following has
received attention:
n  Reduction of Remand detainees: In general the
number of remand detainees have continued to
decrease from about 50 511 in 2010 to about 4100
during 2014.  DCS, the DOJCD, NPA, SAPS and Legal
Aid SA now review the top 20 longest awaiting
trial finalisation detainees on a monthly basis in
order to prioritise their matters. Lists of those in
remand for a lengthy period of time are also shared
with the judiciary and at Provincial Efficiency
Enhancement Committee (PEEC) meetings chaired
by the respective Judge-Presidents. Since its
implementation the number of remand detainees
who have been in detention for more than 24
months was reduced from approximately 2,200 in
July 2013 to 1 889 in March 2014.
n  Rehabilitation
and
Restorative
Justice
Initiatives: DCS has increased its efficiency in
the assessment and classification process towards
developing an effective correctional sentence plan
that will guide interventions for each individual
offender based on specific circumstances.  Various
Correctional Programmes are now available to all
sentenced offenders, including skill improvement
and educational programmes as well as victim–

offender mediation and victim-offender dialogues
and other restorative Justice programmes. DCS has
signed a number of memoranda of understanding
with Non-Governmental Organisations (NGOs),
Non-profit Organisations  (NPOs) and government
departments to ensure community involvement in
the social reintegration of offenders;
n  Parole: the Parole Boards and the Case
Management Committees (CMCs) structures were
reviewed and strengthened. Integrated training
of CMC’s and Correctional Services Parole Boards
(CSPB’s) in all regions have been instituted and
all regions have embarked on roll-out training to
enhance performance in this regard.
n  Pardons: Challenges remain in dealing with
certain persons who require pardons and have
received high media attention.

CHALLENGES
While there have been visible public awareness
campaigns by the government, there is no legislation
to regulate and synchronise the operations of Parole
Boards
Remand detainee overcrowding remains a challenge
that needs to be addressed holistically across the JCPS
value chain.

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Elimination of overcrowding requires comprehensive
policies on bail, diversion, sentencing, and parole.
Private prisons present policy and operational
challenges and this requires further attention.

the target was exceeded, performance fluctuates
significantly during the year and it is likely that the
trend of increased losses will continue from the
previous year.

Reduction of recidivism requires a policy on
rehabilitation that neutralises threats against
rehabilitation like security and prison gangs. The policy
should also strengthen community infrastructure
development projects.

An Anti-Corruption Inter-Ministerial Committee
(ACIMC) was established by the President to
coordinate and oversee the work of state organs aimed
at combating corruption in the public and private
sectors. The ACIMC, supported by the ACTT Executive
Committee, has met twice (on 30 June 2014 and 12
August 2014) since its establishment on 18 June 2014.
n  The ACTT was mandated as a central body to give
effect to the government anti-corruption agenda,
and it reports to the ACIMC.

There has been no visible effort to resolve the
contradictions regarding the role of traditional leaders
with regards to the adjudication powers.
The payment of maintenance monies remain a societal
challenge that requires attention across all spheres.
Educational and awareness raising programmes needs
to be enhanced to assist the legislative changes that
are currently being promoted to deal with improved
maintenance enforcement.

2.3 CORRUPTION
Major strides have been made towards establishing
a resilient Anti-Corruption System. More than 800
persons are currently under criminal, financial and/
or forensic investigation, with pre-trial proceedings
initiated against 298 persons during 2013/14 financial
year.
Since 2010 a total of 169 criminal cases, involving
945 persons, have been under investigation and led
to 54 convictions. These cases include 7 cases under
investigation in terms of the OECD Foreign Bribery
Convention.
In the same period a total freezing orders to the
amount of R1, 811 million were obtained; assets to the
amount of R1, 039 million were seized and criminal
assets to the amount of R105 million were forfeited on
Anti-Corruption Task Team (ACTT) cases.
During the first quarter of 2014/15, the Asset Forfeiture
Unit (AFU) finalised freezing orders to the value of
R511 million, exceeding the quarterly target with
R344 million (206%). The AFU also exceeded the
performance of last year with R382.9 million (299%)
due to exceptional performance in April and June. The
focus on high value cases, improved investigation of
big cases at ACTT and more use of Chapter 6 to speed
up cases contributed to the excellent performance.
In April 2014, 2 very large court orders of R60m and
R431m were also obtained.
It is, however, important to note that although

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n  The ACIMC was tasked that a comprehensive review
should be should be conducted by the Office
of the Public Service Commission on the intersectoral National Anti-Corruption Forum (NACF),
its structures and its future role in implementing
government’s anti-corruption agenda, specifically
in dealing with public and private sector.
n  A first version of a national Base Document
on Corruption was developed focussing on
South Africa’s international anti-corruption
related obligations and to inform government’s
anti-corruption agenda. The Base Document
on Corruption is available for distribution to
departments. A second version of the Base
Document on Corruption is under development to
incorporate the SA Domestic policy position.
n  A high level Anti-Corruption Governance
Architecture was approved, the role-players in
the Anti-Corruption Task Team (ACTT) Executive
Committee expanded and the operational
approach diversified through five new
programmes:
o  Programme 1:  Communication and
Awareness.
o  Programme 2 : Policy & Strategy
Development, and Intelligence Coordination
o  Programme 3:  Public Sector Policy and
Capacity Development.
o  Programme 4:   Vulnerable Sector
Management.
o  Programme 5:  Crime Operations and
Resolutions.
The first report of the JCPS Integrity Support Project
was concluded.  The objective of the project is to:

 NGC 2015 DISCUSSION DOCUMENTS
n  Identify JCPS cluster employees with conflict of
interests;
n  Perform a risk assessment of service providers
doing business with the JCPS cluster;
n  Support decision making concerning, strengths,
weakness, threats and opportunities in   integrity
management, supply chain management and
auditing;
n  Support vetting processes of JCPS Personnel.
The BRICS heads of states meeting at the 5th BRICS
Summit in Durban included BRICS Anti-Corruption
Cooperation in the Ethekwini Plan of Action. Corruption
has morphed into an organised multidimensional and
cross-border phenomenon threatening the national
security, economic growth and political stability of
states at regional and international levels. In terms of
BRICS, closer cooperation is being fostered amongst
the BRICS states in relating to anti-corruption activities.
Serious and organized crime threatens our national
security.
The National Security Strategy (NSS) adopted on 4
December 2013 by Cabinet reflected these and a range
of other weaknesses, proposing a comprehensive
review of the manner in which South Africa conducts
anti-corruption activities.

2.4 HOME AFFIARS
SECURE IDENTITY MANAGEMENT
The identity of all persons in South Africa should be
known and secured. National and personal security
and public safety depends to a significant degree on
the state knowing and protecting the identity and
status of every citizen and every foreign national who
has entered the country legally. Identity systems that
are not secure expose countries to risks and threats
from domestic and international crime and terrorism.  
It also impacts on the integrity of systems including tax
collection, business licenses, driving licenses, firearm
licenses, social grants, qualifications and security
vetting. The main strategies for achieving security
in the above regard are the early registration of all
births, establishing a secure, comprehensive National
Identity System; and the risk-based management of
immigration.
The smart ID card is just one element of a
comprehensive, integrated National Identity System
that is under construction.  The system will incorporate
HANIS, the database of biometric data (fingerprints,
photos and now signatures), and the biographical data

of citizens that is currently on the National Population
Register.   It will also have data on all known foreign
nationals that have been in South Africa, including
biometrics. It will be linked to immigration systems
that include information on movement control, visa
and permitting, asylum seekers and deportation. Such
a system can reduce fraud and the cost of services in
both public and private sectors.
Good progress has been made in terms of identity
management systems entailing the following:
n  Issuing of more than 125 000 smart ID cards during
the 2013/14 financial year against the target of
100000.
n  Seventy offices were equipped with live capture
functionality for smart ID cards and passports in
2013/14.
n  More than 230 000 smart ID cards have been issued
from April to August 2014 with more than 250 000
cards in process of being issued.
n  A total of 35 offices have been equipped with live
capture functionality since the start of the 2014/15
financial year bringing the total to 105 offices.

IMPLEMENT INTER-AGENCY CLEARING FORUM
(IACF) AT THE BORDERLINE AND PORTS OF
ENTRY
The Port of Entry Control Centre) within the Port of
Cape Town, was officially opened on 2 May 2014 and
other Control Centres will be rolled out to selected
harbours over the coming months. Included will be
Saldanha Bay, Richards Bay, Mossel Bay and Durban.
The IACF has conceptualised an inter-governmental
approach to harbours where all border control
departments will be housed and operate from a single
facility. The intention of this initiative is to enable
Government to better manage maritime ports of entry.
The centre will allow Government agencies to jointly
control the movement of vessels, cargo and passengers
in and out of the harbour as well as jointly rummage
vessels suspected of any transgressions. The centre
will receive vessel, cargo and passenger information
from various sources, and will evaluate information to
ascertain risks. The advantage of this concept is that
Government will work together from a single facility
and act in unison where intervention is required.
The operational part of the centre comprises the Joint
Command Centre, which will in turn be supported by
an Intelligence Coordinating Centre.  

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For the centre to operate optimally and for it to meet
its objectives, directives have been developed and
have been approved by the IACF. These are national
directives for the management of the Port of Entry
Coordinating Centre (PECC), as well as specific riskbased events. Inter-departmental Standard Operating
Procedures (SOPs) are currently being drafted.

that will change the functioning and structure of
many departments. The Border Control Coordinating
Committee (BCOCC) will be transferred to the BMA
Project Management Office from SARS in January
2015. The objective is to strengthen interim measures
to secure the border environment and at the same
time help prepare for the BMA.

One of the tasks of the Joint Command Centre is to
rummage vessels and to process crew on their vessels
before the crew can disembark, thereby alleviating
the risk of admitting inadmissible aliens. In order to
achieve this, a portable eMCS (electronic Movement
Control System) solution, capable of being transported
to various locations and which connects to the main
network via Wi-Fi technology, has been developed
and implemented. In turn, a Wi-Fi network has been
installed in the port to enable the use of the wireless
portable eMCS devices.

A BMA Project Manager was appointed by the DHA;
a work programme was drafted; inter-departmental
work-streams and governance structures are
operational and a Programme Management Office has
been set up.   An Institutional Option Analysis Report
(this is crucial part of the overall BMA Feasibility Study)
has been developed and approved with key inputs by
the BMA Oversight Inter-Ministerial Committee.

The original Wi-Fi installation has been found to be
effective and it is being expanded to cater for wider
area access to DHA’s back-end systems. This Wi-Fi
network will allow DHA Immigration Officials to access
vessels moored far from offices and clear passengers
on board.

AUTOMATED CARGO MANAGEMENT
The SAPS (Border Policing) is in discussions with all
the relevant departments that have electronic access
to systems covering the movement in ports, whether
persons or goods, to promote automated cargo
management.
Currently there is a pilot project at Cape Town
Harbour, where a building was purchased utilising the
collective budget of the Border Control Co-ordinating
Committee ( BCOCC) to provide a a facilty where the
computer systems of the relevant departments will
be linked to each other. Each system will run on their
respective department’s network and currently the
proposal is to use WIFI or 3G while waiting for the
final interface. Target date for full implementation is
2014/2015.

THE ESTABLISHMENT OF THE BORDER
MANAGEMENT AGENCY (BMA)
In mid-2013 Cabinet approved that the Department
of Home Affairs (DHA) lead the establishment of the
Border Management Agency.   The planned date for
the launch of the BMA is December 2016. The date
takes account of the need to provide a solid policy,
legislative and operational basis for an organisation

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A business case, which is part of the larger BMA
feasibility Study, is to be finalised and submitted
to Cabinet before the end of the year with clearly
identified interlocking phases.
Three international study tours on border management
were undertaken for benchmarking purposes –
Europe, Americas, Russia and China.
Work on the BMA legislation is to commence once
there is Cabinet approval for the above-mentioned
feasibility study with its various components. It is
envisaged that the bill will be submitted to Parliament
in 2015.

LEGISLATION TO CRIMINALISE FRAUDULENT USE OF
VITAL DOCUMENTS
Births and Deaths Registration Amendment Act, 2010
(Act No. 18 of 2010) that was implemented from 1
March 2014 increases penalties for contraventions
of the Act from 5 years (in the 1992 Act) to a fine
and / or imprisonment to a maximum of 15 years.  
The Immigration Amendment Act, 2011 (Act No. 13
of 2011) that was implemented from 26 May 2014
increased the penalty for certain offences from 4
years to 15 years, without the option of a fine; and for
other contraventions the penalty increase from 2 to 4
years. Other gaps in legislation have been filled, such
as preventing the smuggling or trafficking of children
and replacing fines with periods of prohibition from reentering South Africa. Requiring a full birth certificate
for children entering or leaving is a regulation that must
be explained and defended by all JCPS departments.
The overall effect has been to increase awareness
of the need to take South Africa’s immigration laws
seriously.

 NGC 2015 DISCUSSION DOCUMENTS
IMMIGRATION POLICY
The review of international migration policy has
reached the stage where the DHA can launch a broad
public discussion aimed at building a consensus
around the main policy principles and outlook that
South Africa as a nation will adopt.  These principles
are embedded in the Constitution, which is in turn
deeply rooted in the history and aspirations of our
people. However, the principles have to be defined and
understood in the context of a dynamic, globalised
world that presents huge opportunities and serious
risks and threats.

COUNTER ILLEGAL MOVEMENT OF GOODS
AND PEOPLE THROUGH PORTS OF ENTRY AND
ACROSS THE BORDERLINE
The SAPS is deployed in all identified ports of entry in
the Republic (air, sea and land) under the Component
Border Policing. The SAPS is in a process of dealing
with the ideal capacity by introducing new intakes.
The DOD safeguards the borderline. The deployment
of the SANDF to patrol the country’s borderlines is
contributing to the safeguarding of the sovereignty of
our country.
At present, the SANDF has 13 companies, comprising
a total of 2 469 members, deployed in seven provinces
along the borderlines (Limpopo, Mpumalanga,
KwaZulu Natal, Free State, Eastern Cape, Northern
Cape and North West.
The other primary departments are also dealing with
the issue of capacitating their environments.

2.5 DEFENCE
SOUTH AFRICAN DEFENCE REVIEW
Twenty-Year Trajectory
The Defence Review 2014 defines the policy and
strategy principles that will steer the Defence Force
through the next twenty to thirty years to achieve the
following identified targets, namely:
n  Planning Milestone 1: Arrest the decline in critical
capabilities through immediate and directed
interventions.
n  Planning Milestone 2: Reorganise and rebalance
the Defence Force as the foundation for future
growth.
n  Planning Milestone 3: Create the sustainable
Defence Force that can meet ordered defence

commitments (interim end-state of the Defence
Review).
n  Planning Milestone 4: Enhance the Defence
Force’s capacity to respond to emerging threats
(end-state of the Defence Review).
n  Planning Milestone 5:   Defend the Republic
against an imminent or dire threat.
Each of the above five milestones in the Defence
Strategic Trajectory specifies an estimated budget
requirement, personnel targets, required number of
operational units, required capital programmes, and
organisational interventions to be pursued.
The Capability of the End – state Defence Force
(2035)
The primary focus of Milestone 4 (Year 2035), being
the desired end-state of the Defence Review, is to
develop those capabilities that would: Ensure that
the Defence Force remains relevant to developments
in the strategic environment and be able to respond
to wide range of strategic challenges. The defence
capability for Milestone 4  is posited as:
n Internal Operations
One sustainable infantry battalion-group with
associated medical, air and other support, dedicated to
cooperate with the Police Service and conduct other
routine internal tasks.
n Border Safeguarding Operations
The sustained deployment of five infantry battalions,
with appropriate embedded combat support and
combat service support capabilities, in a 1 in 3 rotationcycle, implying a pool of 15 battalions to conduct this
task appropriately.
The sustained deployment of a two warships, with
the required embedded capabilities, on patrol along
the east coast and two warships on patrol, with the
required embedded capabilities, along the west coast
of South Africa, expandable to the maritime areas
south of the SAHEL.  
The sustained deployment of two maritime
reconnaissance/patrol aircraft on patrol along the east
and west coasts of South Africa, expandable in support
of surface and sub-surface maritime deployments.

Peace Missions
In Milestone 4, three large, enduring peace missions
can be sustained at the level of a combat-group

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in each instance. In each deployment area a 1 in 4
rotation-cycle can be achieved, implying a pool of
12 constituted combat groups to conduct this task
appropriately. The efficacy of forces deployed in peace
missions is increasingly enhanced by improvements
in command and control, intelligence, firepower,
manoeuvre, protection and sustainment systems.

Intervention Operations
In Milestone 4, a sustainable mission-tailored task
force of approximately brigade-strength can provide
early entry, link-up and follow-on forces to either fulfil
South Africa’s continental obligations or to protect
vital national interests.  This may possibly comprise:
n  A combat group-sized early entry force comprised
from Special Forces and/or Special Operations
Forces.
n  A link-up Special Operations Force, reinforced
by attached elements from the combat services,
supporting arms and any other specialist military
capability to enhance firepower, manoeuvre and
protection.
n  A motorised or mechanised follow-on force,
augmented as necessary with heavier combat
capabilities required for the task.
In Milestone 4, as the capabilities initiated in Milestones
1 to 3 become available, the intervention force enjoys
greater:
n  Inter- and intra-theatre mobility
n  Landward, air and maritime combat support
n  Firepower, protection and manoeuvre as may
be required for operations in complex and often
hostile environments.

2. 6 MILITARY VETERANS
Utilisation of the Skills of Military Veterans
A mechanism is being developed to utilise the skills
of the military veterans in the various departments
of government. The Forum of South African Director
Generals (FOSAD) should be the driving force in
identifying opportunities as section 5 (3)(b) of the
military veterans act places obligations on all organs of
state to play a crucial  role in utilising skills of military
veterans.
Progress in implementing benefits for Military
Veterans
There have been some positive strides made since
the establishment of Department of Military Veterans
(DMV) such as:
n  Allocations by National Treasury for the Department
of Military Veterans   increased substantially from
R20 million in 2010/11 to R504 million in 2014/15.
n  800 military veterans have access to the
Department of Social Development’s SASSA
program for relief of social distress.
n  645 military veterans accessed education in 2014
and 13 058 have been provided with healthcare
services.
n  Funds have been transferred to the Department of
Human Settlements (DHS) for the construction of
houses for military veterans.
n  DMV and DHS have agreed that a total of 1505
houses will be built for military veterans in 2014/15.
n  A list of 116 military veterans has been forwarded
per for compensation for injury in military services.

2.7 INTELLIGENCE
Defence Operations in the Republic
In Milestone 4, operations within the Republic would
extend to the enhanced and expanded protection of
bases, critical infrastructure, lines of communication
and identified vital national interests in the rear area.
Regional Assistance Operations
In Milestone 4 significant regional assistance, disaster
relief and humanitarian aid can be provided and
sustained.

SECURE CYBERSPACE
The National Cyber-security Policy Framework (NCPF)
has been developed and approved by Cabinet and the
implementation plan thereof is being led by the State
Security Agency (SSA).
Implementation aspects include the following:
n  Establishment of a JCPS Cyber-security Response
Committee (CRC) in 2012 chaired by SSA;
n  Initiation of the establishment of a Cyber Security
Centre at the SSA to deal with cyber security
threats;
n  Initiation of a Cyber Security Hub by the

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Department of Telecommunications and Postal
Services (DTPS) to ensure engagement with civil
society and business;
n  Repositioning of the current Electronic
Communications Security Computer Security
(CSIRT) to deal with cyber threats targeted at
organs of state.
Specific policies that have been developed and await
discussion at JCPS Cluster level include the following:
n  An overarching draft Cyber Security Policy has
been developed in line with the NCPF under the
guidance of SSA.
n  A draft National Critical Information and
Infrastructures Policy has been developed under
the guidance of SSA.
n  A draft National Cybercrime Policy has been
developed under the guidance of SAPS.

THE NATIONAL SECURITY STRATEGY
IMPLEMENTATION PLAN
The National Security Strategy for South Africa was
approved on 4 December 2013 with the instruction
that it be implemented speedily. A NSS Implementation
Committee chaired by the Coordinator for Intelligence,
is in place and consists of the chairs of the following six
sub-committees:
n  NICOC Principals Committee, which already
exists.
n  Chair of Sub-Committee: Review of JCPS Cluster
Structures.
n  Chair of Sub-Committee: Violent and Organised
Crime.
n  Chair of Sub-Committee: Private Security
Industry: the existing PSIRA Working Group set up
the Secretary of Police to do this work.

n  The review of current cyber security laws was
conducted and to address the gaps identified
during the review, a draft Cyber Security and
Related Crimes Bill was developed under the
guidance of DoJ&CD to address cyber threats and
cyber security.

n  Chair of Sub-Committee: Counter-Corruption: the
existing ACTT to do this work.

n  The development by the Department of Science
and Technology (DST) of a National Cyber Security
Research & Development Agenda to build the
requisite capacity and skills to deal with cyber
threats is receiving attention; and

The NSS deals with threats to the authority of the
state as well as threats to the territorial integrity of the
Republic. There are four threats to the authority of the
state that the NSS focuses on:
n  Outsourcing state security to the private security
industry,

n  The development of an Online E-Identity
Management Policy under the guidance of DTPS is
underway.
n  Training for SAPS and DPCI cybercrime
investigators, prosecutors and the judiciary
regarding cybercrime is continuing.
In line with the JCPS Delivery Agreement, the NPA
continued to place a special focus on the prosecution
of cybercrime cases in order to curb this growing
international phenomenon. These cases are very
complex and encompass extensive technical evidence.
The majority of matters (70%) are therefore dealt with
by the Special Commercial Crimes Unit (SSCU). During
2013/14, the NPA SCCU has improved the prosecution
of cybercrime cases by finalising 52.9% (73) more cases
than in previous year. A total of 211 cybercrime cases
were finalised with a conviction rate of 94.8%.

n  Chair of Sub-Committee: Border Security and
Migration: DHA and the SANDF to co-chair this
work.

n  An uncoordinated approach to cyber security,
n  Domestic instability, and
n  Espionage activities of foreign intelligence services
A national threat that is increasing relates to the theft
of copper, copper cables and other non-ferrous metals.  
This threat has a serious impact on infrastructure
development and the supply of power and even
water. The JCPS is addressing this through Priority
Committees in conjunction with the intelligence
community and other relevant role players.  Legislative
amendments to various pieces of legislation are also
envisaged.
The main threats to the territorial integrity of the
Republic are identified as follows:
n  Weak control and management of border security,
n  Uncontrolled migration, and
n  International terrorism.

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INVOLVEMENT OF OTHER CLUSTERS
It is clear that interaction with other Clusters is required.  
The following has been identified for interaction:
n  Engagement with the Economic Sectors and
Employment Cluster:
o  Comprehensively scoping the illicit economy.
o  Develop and implement a strategy to eradicate
the illicit economy and to define the role of the
security services.
o  Review and capacitate the effort in terms of
specialised skills, budget, human resources and
equipment.
o  Ensure cooperation with neighbouring states
and major role players.
o  Identify and scope strategic resource stocks.
o  Develop and implement a coordinated
approach to protecting resource stocks.
o  Manage foreign partners in these sectors.
n  Social Protection and Community Development
Cluster
o  Social crime prevention issues
o  Drug master plan
o  Review the state’s disaster management
capacity and create mechanisms for
coordination across the three spheres of
government.
o  Create an interface with the security services
and with our neighbouring states.
o  Create disaster equipment caches in all nine
provinces.
o  Develop and implement a Disaster Simulation
Plan.

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