Panel appointed to implement Farlam recommendations

Wednesday, September 2, 2015

Cape Town – Police Minister Nathi Nhleko says an independent panel of experts will be established to immediately look into public order policing prescripts and operations.

The Minister said this when he briefed the Parliamentary portfolio committee tasked with providing oversight over police at the Good Hope Chamber on Wednesday on the recommendation of the Farlam Commission of Inquiry.

Minister Nhleko said the department was ready to implement the recommendations.

“We appreciate the professionalism with which the commission worked, the level of accuracy and the completeness of the final document and the incisiveness of the recommendations for the South African Police Service (SAPS).

“We believe this is an extra-ordinary and timely opportunity for us to fully embrace the commission’s recommendations and to use them to drive a broader and profound transformation of the SAPS.

“To this end, we shall immediately initiate the creation of the independent panel of experts, as recommended. We shall also create a transformation task force, under the leadership of the Deputy Minister. Its responsibility will be to ensure proper implementation of the independent panel’s conclusions, as well as of the SAPS transformation,” he said.

The Minister’s briefing comes after Parliamentary researchers presented retired Judge Ian Farlam’s findings and recommendations to the committee over a week ago.

Researchers told MPs that the events that unfolded at Lonmin’s Marikana mine in the North West four years ago made it necessary for systemic and structural policing issues to be addressed.

The Minister said the panel of experts, which will be given 12 months to complete its work, will comprise senior officers from the legal SAPS department, senior officers with extensive experience in public order policing, local and international independent experts in public order policing who have experience in dealing with crowds, armed with sharp weapons and firearms as this is prevalent in the South African context.

The panel will be tasked with, among other things:

-          Revising and amending all prescripts relevant to public order policing;

-          Investigating the world’s best practices and measures available for use, without resorting to the use of weapons capable of automatic fire where public order policing methods are inadequate;

-          Looking into public order policing situations where operational decisions must be made by an officer in overall command with recent and relevant training, skills experience in public order policing;

-          Help SAPS put measures in place to ensure that all radio communications are recorded and that all radio recordings will be reserved; and

-          Help come up with plans for public order policing operations to identify the means of communication which SAPS members will use to communicate with one another.

The panel will also help SAPS develop and implement a protocol for communications in large operations including alternative mechanisms.

Part of the recommendations that the panel will also address include reviewing the adequacy of the training of members who use specialised equipment such as water cannons and video equipment.

It will also look at helping SAPS with processes that will speak to the recommendations that all SAPS helicopters should be equipped with functional video cameras.

In operations where there is a likelihood for the use of force, the plan should include the provision of adequate and speedy first aid to those that get injured.

The panel will be chaired by a retired Judge, to be appointed by President Jacob Zuma.

On 26 August 2012, a commission of inquiry was appointed by President Zuma to investigate matters of public, national and international concern arising out of the tragic incidents at the Lonmin Mine in Marikana during 11 to 16 August 2012. About 44 people lost their lives and many others were injured.  

The President released the report in June.

On the final day of the shooting, there were two scenes – scene one and scene two behind the koppie, where 34 miners were shot dead.

With regards to scene two, where the commission recommended further investigations with a view of ascertaining criminal liability on the part of all members of the SAPS involved, the Minister said a team will be appointed.

The team is to be headed by a state advocate, comprising independent experts in the reconstruction of crime scenes, expert ballistics and forensic pathologists and senior investigators from IPID.

The Minister said, meanwhile, that transforming SAPS will be a monumental task and that he has given the transformation task force 24 months to complete its work.

“At least in the initial and defining phases, it will need to be led with outside-in approach. Equally fundamental for the success of the operation will be for this to become a Presidential project.

“We’ll also need full support from all members of cabinet and in particular the security cluster and treasury,” he said.

Opposition parties welcomed the Minister’s presentation, with some giving input on dealing with staff deployments in-line with the transformation of SAPS members.

Democratic Alliance MP Dianne Kohler-Barnard said while she was impressed with the Minister’s presentation, she will hold back her final view until the recommendations have been implemented. – SAnews.gov.za