New Saps regulations a jumble

The ink was barely dry on Police Minister Fikile Mbalula’s shiny new employment regulations and they were already being broken, the South African Police Union (Sapu) charges.

In December, Lieutenant-General Lebeoana Tsumane was appointed as deputy national commissioner of crime detection and Major-General Ntombenhle Vuma was promoted to deputy national commissioner of management advisory services with the rank of lieutenant-general by the newly minted national commissioner, General Khehla Sitole.

Neither of the positions were advertised, claimed Sapu president Mpho Kwinika, as per the regulations gazetted on October 27 and announced yesterday by “Razzmatazz” Mbalula in a statement. “We introduced the new Saps Employment Regulations of 2017, which were gazetted in October, and are now applicable,” Mbalula said. “This was a part of my broader strategic intervention aimed at owning the legal instruments towards stabilising this organisation.

“We had to make sure that the minister of police is not a mere spectator, but is accorded the necessary tools to supervise and exercise executive authority over the organisation.” But the new regulations appear to be contradictory on some issues.

Kwinika said: “If we are to believe the minister is serious about the implementation of the principles of the National Development Plan (NDP) he should have considered embedding them in the current regulations. “Among other recommendations, the NDP states that the president should establish a selection panel to interview candidates for these posts against objective criteria. The president should appoint the national commissioner and deputies from recommendations and reports received from this 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 confusion over the advertising of posts arises from chapter 44, which states: “The national commissioner must ensure that vacant posts in the service are advertised so as to reach, as efficiently and effectively as possible, the entire pool of potential applicants, especially designated groups.” But a few lines later it states that the national commissioner may under certain conditions fill a post without advertising it.

Under “ethical conduct”, the regulations state that no employee may receive, solicit or accept any “gratification” for either performing or not performing their duties. Then in the next line it is stated that an employee may not receive or accept any “gift” from any person in the course and scope of his or her employment “other than from a family member to the cumulative value of R350 per year, unless prior approval is obtained from the minister”

However, the Prevention and Combating of Corrupt Activities Act’s very explicit definition of gratification begins with “money, whether in cash or otherwise, any donation, gift, loan, fee, reward, valuable security, property or interest in property of any description, whether movable or immovable, or any other similar advantage”.

Mbalula’s statement said: “Many of the complex and difficult milestones I set for myself have been achieved in less than a year on the job and our bold plans are finding shape.”

He promised “very important announcements” next week on plans to “erupt against crime”.

– amandaw@citizen.co.za.

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