PRESENTATION

Enforcement and Prosecution

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

Manual ProcessContravention Book

BPM Process

Check Section NBR’Check Particulars of AccusedCheck for Stop Work

Verify that Contra is still prevalent. Confirm particulars

Case is transferred onto EO’s work queue

The first phase of the 14 day turnaround commences

Prosecution on S54 Summons – NO AG

Prosecution is executed on a S 56 CPA. Notification of RightsMetro Police Process a Summons and Summons Server or EO servesSummons served at all hours. Fines Processing Data Base for Stats. Spread sheet update by EA

ON authority from DH. Set meeting with Legal

Consolidate all evidence pertaining to the site

Obtain a warrant if non compliant

Obtain Warrant if no compliance with Summons

Integrated Enf0rcement Forums and JEAT

Daily Briefing Sessions

Increase Service of S 56

A/H Service Summons

2-10 Shift to Serve S56

Masters/Deeds Office

Current Interventions to improve Effectiveness

Consider Rate Coding

Receive Complaint/Case

From BI

EA Logs onto Data Base

Case is checked by RC for

Correctness

EO Receives Case and Conducts Record Check

Contact Offender arrange site visit

EA Distributes to EO

Conduct Site Visit and prosecute if

possible

Return to Office and Fill a full

statement

Motivation to D/Head DM

Escalate to High Court

BI Serves Second Notice

Serve Summons and e-mail BI to

Update

National Building Regulations and Standards Act

OR

Second Phase

Third Phase

Fourth Phase

Obtain Order from High Court and Monitor for

Compliance

No AG Summons served on the

accused

Land Use Management Process

Receive Complaint/Case

Expired Notice From

LUM’s

EA Logs onto Data Base

Case is checked by RC for

Correctness

EO Receives Case and Conducts Record Check

Contact Offender arrange site visit

EA Distributes to EO

Conduct Site Visit and prosecute if

possible

Return to Office and Fill a full

statement

Motivation to D/Head DM

Escalate to High Court

Serve Summons and e-mail LUMs

to Update

Contravention in terms of the

Planning Development Act

OR

Second Phase

Third Phase

Obtain Order from High Court and Monitor for

Compliance

Manual ProcessContravention Book

BPM Process

Check Section PDACheck Particulars of Accused

Verify that Contra is still prevalent. Confirm particulars

Case is transferred onto EO’s work queue

The first phase of the 14 day turnaround commences

Prosecution is executed on a S 54 CPA

Metro Police Process a Summons and Summons Server or EO servesSummons served at all hours. Fines Processing Data Base for Stats. Spread sheet update by EA

ON authority from DH. Set meeting with Legal

Consolidate all evidence pertaining to the site

Obtain a warrant if non compliant

Consider Illegal Rate Coding

AbbreviationsEO: Enforcement OfficerEA: Enforcement AssistantRC: Regional Co-ordinatorLUM’s: Land Use ManagementBPM: Business Process Management SystemCPA: Criminal Procedure Act

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 2ND 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 selectionLack of required enforcement capacityExisting legislation is antiquated – Requires reviewingLegislation is also fragmented, requires consolidationEnforcement officers status to be elevatedLack of incentive for enforcement officers – (remuneration)Lack of training and support from the justice fraternitySanctions are inadequateLack of co-operation and communication between Dept/BranchesLack of resources, eg. Cameras, unmarked vehiclesLack of personal safety equipment

Threats

Lack of buy-in and support from all role-playersAbsence of clearly defined roles and responsibilitiesInadequate support from the NPA, sanctions and decisionsVariation in enforcement operating standards in different areasPolitical interference in areas may compromise enforcement

SWOT Opportunities

Opportunities

Professional recognition to enforcement officer’sTraining Accredited Enforcement Officer: Multi Skilled/SpecialisationEstablish interdepartmental and intergovernmental linkagesIncrease communicative efforts to empower and increase understanding – both internally and externallyIntroduce 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 cityCreative 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