Enforcement and Prosecution PRESENTATION ORGANOGRAM Introduction The objectives

Enforcement and Prosecution PRESENTATION

ORGANOGRAM

Introduction �The objectives of Prosecution: �To ensure that offenders are made amenable to Justice. �The ultimate aim is to ensure that persons are held to account before the law – the sum total of all efforts employed by officials may equal zero, but it is the Order of the Court that will ensure that compliance will be achieved due to consequence

Enforcement Video Enforcement

Introduction � The Enforcement and Prosecution Branch, amongst other tasks, focuses its efforts in the following areas: Enforcement of the National Building Regulations and Standards Act; Enforcement of the Planning and Development Act; Enforcement of the Building and other By-Laws relevant to the offences in this specific sector; Support Service to Legal Unit, Real Estate and other Secondary Enforcing Departments; and Facilitation of all matters escalated to both Magistrates and High Court

Building Inspectorate Process

From BI National Building Regulations and Standards Act Consider Rate Coding Receive Complaint/Case BPM Process Increase Service of S 56 Case is checked by RC for Correctness Check Section NBR’ Check Particulars of Accused Check for Stop Work A/H Service Summons EA Distributes to EO Masters/Deeds Office Contact Offender arrange site visit Case is transferred onto EO’s work queue EO Receives Case The first phase of the and Conducts Record 14 day turnaround Check commences Verify that Contra is still prevalent. Confirm particulars 2 -10 Shift to Serve S 56 Manual Process Contravention Book Daily Briefing Sessions EA Logs onto Data Base Current Interventions to improve Effectiveness Conduct Site Visit and prosecute if possible OR Prosecution is executed on a S 56 CPA. Notification of Rights Second Phase BI Serves Second Notice Prosecution on S 54 Summons – NO AG No AG Summons served on the accused Obtain Warrant if no compliance with Summons Third Phase Return to Office and Fill a full statement Metro Police Process a Summons and Summons Server or EO serves Escalate to High Court Consolidate all evidence pertaining to the site Serve Summons and e-mail BI to Update Summons served at all hours. Fines Processing Data Base for Stats. Spread sheet update by EA Motivation to D/Head DM ON authority from DH. Set meeting with Legal Integrated Enf 0 rcement Forums and JEAT Fourth Phase Obtain Order from High Court and Monitor for Compliance Obtain a warrant if non compliant

Land Use Management Process

Expired Notice From LUM’s Contravention in terms of the Planning Development Act Consider Illegal Rate Coding Receive Complaint/Case EA Logs onto Data Base Contact Offender arrange site visit Verify that Contra is still prevalent. Confirm particulars Conduct Site Visit and prosecute if possible Prosecution is executed on a S 54 CPA Manual Process Contravention Book BPM Process OR Return to Office and Fill a full statement Case is checked by RC for Correctness EA Distributes to EO EO Receives Case and Conducts Record Check Second Phase Check Section PDA Check Particulars of Accused Case is transferred onto EO’s work queue The first phase of the 14 day turnaround commences Serve Summons and e-mail LUMs to Update Metro Police Process a Summons and Summons Server or EO serves Summons served at all hours. Fines Processing Data Base for Stats. Spread sheet update by EA Escalate to High Court Consolidate all evidence pertaining to the site Motivation to D/Head DM ON authority from DH. Set meeting with Legal Third Phase Obtain Order from High Court and Monitor for Compliance Abbreviations EO: Enforcement Officer EA: Enforcement Assistant RC: Regional Co-ordinator LUM’s: Land Use Management BPM: Business Process Management System CPA: Criminal Procedure Act Obtain a warrant if non compliant

Important Definition � “peace officer” includes any magistrate, justice, police official, correctional official as defined in � section 1 of the Correctional Services Act, 1959 (Act 8 of 1959), and, in relation to any area, offence, class of offence or power referred to in a notice issued under section 334 (1), any person who is a peace officer under that section; � [Definition of “peace officer” amended by s. 4 of Act No. 18 of 1996. ]

Arrest by Peace Officer �Section 40 Criminal Procedure Act and Regulations Appointment Card

Method of Securing the Attendance of the Accused in Court � 38. Methods of securing attendance of accused in court. —The methods of securing the attendance of an accused in court for the purposes of his trial shall be arrest, summons, written notice and indictment in accordance with the relevant provisions of this Act. � Summons – Sect. 54 CPA - Discuss Process � Written Notice – Sect. 56 CPA: � Full Statement / Annexure/ Fines Processing System/Warrants/Summons � Admission of Guilt Fines � Discussion of “Spot Fine”

WRITTEN NOTICE

FULL STATEMENT

NOTIFICATION OF RIGHTS

The Essence of the New Strategy � Increase Admission of Guilt � 2 ND Notice � New AG � Empower the Enforcement Officer � Internal Training � New Accreditation and additional powers � Appoint Summons Servers � Specifically for DPEM Notices � Streamline/Rationalize Processes � All regions: Documentation – Processes – Protocols � Linkage to Metro Fines Processing � With limitations � Business Process Re-engineer � ICSM – BPM – DMS – DATA BASES � SLA’s with Police – SAPS /METRO � � � Training of Peace Officers Certification Accreditation Appointment Renewal

The Essence of the New Strategy � SLA’s with Fines Processing and Court Clerks � Processing Summons � Issuing Warrants � Executing Warrants � Managing Court Rolls � Increasing Resources � Employ Enforcement Officers � Regional Coordinators � Summons Servers � Integrated Modus Operandi � � Night Ops Regional Integrated Enforcement Forums

SWOT Analysis Session – Workshop 2008 Weaknesses Lack of guidance on project selection Lack of required enforcement capacity Existing legislation is antiquated – Requires reviewing Legislation is also fragmented, requires consolidation Enforcement officers status to be elevated Lack of incentive for enforcement officers – (remuneration) Lack of training and support from the justice fraternity Sanctions are inadequate Lack of co-operation and communication between Dept/Branches Lack of resources, eg. Cameras, unmarked vehicles Lack of personal safety equipment Threats Lack of buy-in and support from all role-players Absence of clearly defined roles and responsibilities Inadequate support from the NPA, sanctions and decisions Variation in enforcement operating standards in different areas Political interference in areas may compromise enforcement

SWOT Opportunities Professional recognition to enforcement officer’s Training Accredited Enforcement Officer: Multi Skilled/Specialisation Establish interdepartmental and intergovernmental linkages Increase communicative efforts to empower and increase understanding – both internally and externally Introduce levies for industrial concerns – to establish reserve funds for emergency situations and incentives for compliance (non pollution) Municipal Courts to be established in all regions, to cover entire city Creative use of civil remedies, eg. those entrenched in contracts

Workshop Recommendations � Integrated enforcement (co-operation and co-ordination of individual � � � departments/branches) – limited multi-disciplinary tasking Specialised legal support with regards to branch specific needs Public education/awareness to encourage reporting of contraventions Thorough review of enforcement officer’s – salary/safety/training Creation of multi-disciplined task teams to cover the city Effective financial management from the billing, to project selection process: Must cater for special levies to resource special operations Present the opportunity to provide compliance incentives and enforcement incentives � Establish interdepartmental and intergovernmental linkages � Provide safe conditions/practice for enforcement officers � Selection of the most updated and effective electronic systems (hard/software) to facilitate information sharing and documentation (eg. DMS)

Thank You