A covert crime intelligence programme meant to fight criminal syndicates, gangs and other specialised crime areas was hamstrung by the service's inability to use grabbers and drones it had procured for this purpose.
This is according to parliament’s joint standing committee on intelligence (JSCI) annual report for the 2022/23 financial year which was published at the weekend.
According to the report, during the 2021/22 period, crime intelligence was struggling with insufficient resources and skills.
It reveals that the police's crime intelligence grabbers — portable devices that can locate a person by picking up on the location of their mobile phone — were locked up and not being used because the service did not have the required certificate to operate them. It was the same for drones, which are also instrumental in fighting crime — crime intelligence did not have the required licence to fly them.
Having received a presentation of crime intelligence’s 2021/22 annual report in February 2023, the JSCI said it noted “concerning” instances of poor performance during the July 2021 unrest when intelligence services could have played a crucial role.
The committee said insufficient resources including a lack of both human and physical resources were among the challenges that led to the service’s underperformance and hindered effective operations within the service, specifically the completion of critical targets.
The JSCI was told that the Agent Management Programme is a highly classified covert programme used in the fight against criminal syndicates, gangs and other specialised crime areas. It is also project-based and used as the last response to operations, but it faced various challenges such as the lack of adequate skills and regulations.
The committee heard that International Mobile Subscriber Identity (IMSI) catcher (grabbers) would be of great value to the work of crime intelligence as members would be able to intercept mobile communication in real time which benefits investigations.
But these were not in use and were kept in a secure undisclosed location as they were waiting for the certificate of exemption which needed to be obtained through the department of justice and constitutional development in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act (Rica).
“Crime intelligence indicated that it has been trying to deal with the certificate issue for many years with no success,” said the committee.
Drones that are also instrumental in fighting crime were also not being used despite the inspector-general for intelligence (IGI) having made a finding on the inadequate use of drones.
“Crime intelligence members indicated that a pilot’s licence issued by the Civil Aviation Authority for drones was needed to fly the drones.
“They explained that the IGI insisted that they be compliant and have a pilot licence to operate the drones. They explained that the delay in attaining licences had been for various reasons including medical tests; however, they were committed to ensuring that they were fully compliant.”
When the grabbers were apparently procured, the certificate of exemption in terms of Rica was not granted. The IGI who investigated the matter indicated that the procurement contravened Rica.
In its attempt to “regularise” the use of grabbers, the JSCI met relevant ministers and in August 2022, justice and constitutional development minister Ronald Lamola indicated the certificate of exemption for the possible use of the grabbers had been signed.
He also said Rica required that before publishing a certificate of exemption, such a certificate has to be tabled before the National Assembly for approval.
Crime intelligence’s annual report also showed that after the July 2021 unrest, the service assessed its internal capabilities and operational readiness in ensuring national security.
The JSCI said it was informed that corrective measures had been put in place to ensure intelligence-led policing and efforts were made to ensure crime intelligence was in compliance with all regulatory and legislative requirements, particularly regarding its finances.
The committee noted a lack of consequence management for noncompliance and poor quality of financial and performance reporting.
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