Johannesburg - The government has rejected suggestions in the National Development Plan for changes in the way the national police commissioner is appointed, it has emerged from proposals for reforms to the SAPS.
The 2015 White Paper on Police, published last week, contains proposals for police service reforms based on the NDP, but omits the NDP proposal relating to the procedure for the appointment of a national police commissioner and deputies.
In its chapter on policing and safety and security, the NDP proposes that the appointments be made on a competitive basis.
It suggests establishing a selection panel that would interview and select candidates in line with “objective criteria”, and then recommend a candidate to the president for appointment.
The appointment would be based on recommendations and reports from the selection panel.
“This would enhance the incumbents’ standing in the eyes of the community and increase the respect accorded them by their peers and subordinates,” the NDP says.
There is no reference to this in the White Paper.
As things stand, the president is empowered to appoint the national police chief.
These appointments have proved controversial in the past 10 years, with the last two police commissioners failing to finish their terms in office.
Jackie Selebi – appointed by then-president Thabo Mbeki – was removed from office after being convicted and jailed for corruption. He died in January.
His successor, Bheki Cele – who is now deputy minister of agriculture, forestry and fisheries – was fired after a commission of inquiry found he was not fit to hold the police service’s highest office.
He is fighting this decision in court.
He was removed after he was found to have acted inappropriately when a R1 billion lease for new headquarters was concluded with businessman Roux Shabangu, without supply chain processes being followed.
His successor, Riah Phiyega, is facing an investigation of her management of the police by a “reference group” established by police minister Nkosinathi Nhleko.
Phiyega is also facing scrutiny for her role and that of the police in the Marikana shootings that claimed the lives of 34 striking miners in 2012.
Adverse findings in either or both processes could compel the president to make a decision about her future as the top cop.
Nhleko’s spokesman, Musa Zondi, said this week that the White Paper was not a review of the SA Police Service Act, and that those commenting publicly on the document could suggest the NDP’s proposal be reintroduced.
“The White Paper is silent on the matter. Section 207 (1) of the constitution speaks to the appointment of the national commissioner and we have no interest in altering the constitution,” Zondi said.
“The constitution does not make reference to a panel and indicates the responsibilities of management clearly in Section 207.
“The White Paper is open for public comment and the public and interest groups are willing to formally table their desires if they wish the constitution to be altered.”
The Institute for Security Studies supported the recommendations made in the NDP with regard to the appointment of the national police commissioner, said senior researcher Johan Burger.
“The president has the sole prerogative of appointing the national police commissioner. He is under no obligation to consult anyone,” said Burger.
“The national commissioner, after the appointment, then has the sole prerogative of appointing the deputies. That process means that even people who are not fit and proper can be appointed. That is why we support the proposal made by the National Planning Commission on this issue.”
The White Paper’s proposals would lead to wide-ranging changes that would include the demilitarisation of the police and the establishment of a single police service, with the metro police forces in the nine provinces being integrated into the SAPS, and the establishment of traffic and municipal police divisions.
The proposal to demilitarise the police appears to have some support. The White Paper laments the state of the police service since it was remilitarised.
It calls for an immediate study of the effects on communities and sector policing of the service’s militarisation, demilitarisation and subsequent remilitarisation.
The secretariat would determine whether there was any correlation between the use of military ranks and the approach of officers to their everyday policing activities.
“Flowing from this, the research will assess the possible impact of ranks on the ability of the SAPS to respond effectively to crime challenges and (establish) sound community-police relations.”
The White Paper acknowledges the increase in the incidence of protests across the country and laments the excessive use of force that appears to accompany the police’s attempts to maintain order.
“The police are thus increasingly being called upon to respond to large numbers of protest incidents, many of which turn violent. It is most often during these incidents where police action is subjected to increased levels of scrutiny.
“The ability of the SAPS to effectively maintain public order necessitates a shift in approach.
“Delivering on this mandate will be dependent on the police being properly structured, trained and capacitated. This new approach should nonetheless not detract from the police (service) remaining citizen-centred in its approach to dealing with public violence.”
The DA is expected to oppose the proposal to integrate the metro police into the SAPS as the DA-controlled City of Cape Town would lose control over its metro police.
DA spokeswoman on police Dianne Kohler-Barnard said the party had been vehemently opposed to the proposal since it was mooted in the Green Paper.
“It is an attempt to centralise power and it is unconstitutional because the constitution is clear on this matter. What the ANC is doing now is simply distorting the constitution to centralise power in the SAPS. We are going to workshop this White Paper, but we are opposed to any attempts to integrate the metro police into the SAPS.”
Sunday Independent