The focus would be on the development and support for the implementation of school-based crime prevention

Transcription

1 Date: April 2011 Preamble WHEREAS The Department of Basic Education and the South African Police Service (SAPS) acknowledge that the prevention of crime and violence in schools is a shared mandate that calls for collaboration between the two Departments. AND WHEREAS The partnership between the Department of Basic Education and the SAPS supports the objectives and priorities that drive the activities of both departments to reduce crime and violence in schools and in communities. The focus would be on the development and support for the implementation of school-based crime prevention programmes to: To strengthen Safe School Committees in addressing crime and violence in schools as part of its mandate; To assume an active role as a member of Safe School Committees; To link all schools to local Police Stations; To raise awareness amongst children and young learners regarding crime and violence and its impact on individuals, families and education; (f) (g) To mobilise communities to take ownership of schools; To encourage the establishment of reporting systems at schools; and To implement school-based crime prevention programmes in collaboration with provincial, district/local officials responsible for school safety. AND WHEREAS The collaborative partnership between the Department of Basic Education and the SAPS is a reinforcement of a formal partnership since 1999, which resulted in the drafting of a joint Framework Document on Youth Violence in Schools (Sign Posts for Safe Schools). AND WHEREAS The mission of this collaborative partnership between the two departments will seek to develop a critical range of sustainable and replicable short, medium and long-term school-based crime prevention programmes and interventions in order to prevent and address the predisposing and precipitating factors of violence and crime in South African Schools. NOW THEREFORE, the parties agree as follows: 1

2 1. Definition For the purpose of this Protocol, unless the context indicates otherwise Director-General means the Director-General of the Department of Basic and South African Police Service; DBE means the Department of Basic Education; MEC means the Member of the Executive Council: Education; Protocol means the agreement set out in this document and any written addendums agreed to by the parties; SASA means the South African Schools Act 84 of 1996; (f) Minister means the Minister of Basic Education and South African Police Service; 2. Purpose of the Protocol The partnership between the Department of Basic Education and the South African Police Service is to promote safer schools and prevent the involvement of young people in crime. This will be done through the SAPS Crime Prevention Component (Division: Visible Policing) and the Directorate: School Safety and Enrichment Programmes (Branch: Social Mobilisation and Support Services). 2.1 The aims of this Protocol are: To render a school-based crime prevention service that is preventative and pro-active and characterised by the development and implementation of interventions that deter potential offenders and empower potential victims and past victims. To encourage an integrated and multi-disciplinary approach towards crime prevention and development, and to mobilise relevant stakeholders to participate in a broad network of services to protect children and transform all schools into safe, caring and child friendly institutions. To use a community based and inclusive approach to address the needs of school communities through effective school-based crime prevention and policing services. To promote proactive interventions that enrich early childhood development and to promote resilience against offending behaviour at the earliest possible opportunity. To assist in building capacity for the school community, especially learners, to prevent and manage school safety issues by promoting participation in the development, implementation, sustaining and evaluation of school safety programmes. (f) To promote the image of the South African Police Service and build positive relationships between schools, police stations, children, school communities and the police. (g) To promote the use of crime prevention in order to ensure school safety and to build understanding regarding the importance of prevention and the shared responsibility that everyone (officials from Departments, individuals and organisations) has for the prevention of crime. 2

3 2.2 The objectives and the priorities of this protocol are: The Strategic Objective of this Protocol is to create Safe, Caring and Child Friendly Schools, where quality teaching and learning can take place and further to address incidents of crime and violence in a holistic and integrated manner. This requires the formation of partnerships with all relevant stakeholders to assist crime prevention agencies to harness the needed resources and accelerate the process of developing safe and healthy environments for young people. 2.3 The Parties agreed to act jointly in pursuit of the aims and objectives of this protocol, which shall be implemented in accordance with the following terms and conditions/principles: Being able to respond and intervene when situations of crime at schools present themselves; The Department of Basic Education s rights-based approach to creating Safe, Caring and Child Friendly Schools; Addressing the culture of violence in order to promote healthy relations within the school community including healthy gender relations between learners and educators. Instilling sound values for the positive development of young people into responsible citizens who revere the Constitution. Secure, protected and protective environments particularly with regard to vulnerable and special need children. Developing nurturing environments. 3. The Parties to this protocol are as follows: The Department of Basic Education as represented by the Honourable Minister, Ms Angie Motshega, and The South African Police Service as represented by the Honourable Minister, Mr Nathi Mthethwa. 4. Roles and responsibilities of the parties are: In terms of the attached Work Plan execution and implementation thereof will be the responsibility of all Provincial and District officials responsible for School Safety, School Governing Bodies, Senior Management Team Members and Principals at schools, Provincial local SAPS officials responsible for the execution and implementation of the Divisional Guidelines for Safe Schools. 5. Work plan 5.1 The parties agreed to the work plan. Phase One To establish collaborative protocols in all provinces. To link 9000 schools with local police stations. 3

4 (f) To establish functional Safe School Committees at 9000 schools. To establish reporting systems on school based crime and violence. To implement crime prevention programmes in 9000 schools. Mobilising school communities to curb crime and violence in schools Phase Two To link schools with local police stations. To establish functional Safe School Committees at schools. To establish reporting systems on school based crime and violence. To implement crime prevention programmes in schools. Mobilising school communities to curb crime and violence in schools. Phase Three To link all schools with local police stations. To establish functional Safe School Committees at all schools. To establish reporting systems on school based crime and violence at all schools. To implement crime prevention programmes in all schools. Mobilising school communities to curb crime and violence in schools. 5.2 The Parties undertake to supplement the Work plan with their individual departmental work plans. 6. Contributing Resources The parties are in agreement that, each Department will continue with its mandate on safety in schools, ensure institutional capacity, using the budget allocated for their programmes. No Department will contribute any financial assistance during execution of another department s programme. 7. Managing Protocol The following oversight mechanisms and procedures will be used for monitoring the effective implementation of the Protocol: maintaining frequent and efficient communication on matters concerning the protocol; providing fully, speedily and accurately such information as any of the Parties may need; and providing progress reports as specified in this Protocol. 4

5 8. Good Faith and Reasonableness 8.1 In their dealings with each other for the purposes of this Protocol, the Parties: undertake to act in good faith and reasonable; and warrant that they shall not do anything or shall refrain from doing anything that might prejudice or detract from the powers or functions of each other. 8.2 This protocol does not make any legal or otherwise enforceable commitments on behalf of any of the parties, nor does it in anyway limit any statutory powers and functions of the parties. 9. Dispute Resolutions 9.1 Any dispute or disagreement arising between the Parties with regard to implementation, application, interpretation or breach of the Protocol shall be settled as follows: The Parties must make all reasonable efforts to settle any such dispute or disagreement through consultation and mediation. If the dispute or disagreement the parties remains unresolved, it must be communicated, in writing and without delay, to the Director-General, copied to the Parties concerned. The Director-General will arbitrate on the matter and his decision will be final. The parties will, in the event of a dispute between the parties, refer such dispute for arbitration by a person identified by the President of the Republic of South Africa The decision of the arbitrator will be final. 10. Confidentiality Subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), any Party shall treat information furnished by another Party for purposes of the execution of the Protocol as confidential and shall take reasonable steps to ensure that such information is not disclosed to another person, except where it is necessary for the implementation of the Protocol. 5

6 11. Duration, Execution and Amending the Protocol The Protocol shall commence on the date of its signing and remain in effect: 11.1 Until the desired outcome as contained in paragraph 2.2 of this Protocol has been achieved Amendments agreed by the Parties and signed shall be incorporated as an Addendum to the Protocol The Protocol may be terminated with good cause by all Parties in writing. 12. Domicilium 12.1 The Parties choose the physical addresses set out hereunder as their domicilia citandi et executandi for all purposes under this Protocol: Name of Party: Department of Basic Education Physical address: 222 Struben Street, Pretoria Name of Party: South African Police Services Physical address: Schoeman Street, Pretoria 13. Miscellaneous Provisions Both departments may consult with relevant stakeholders on a matter that will assist in the success of the relationship. Legal Certification To the best of my knowledge, this Protocol adheres to acceptable legal rules and is consistent with the exercise of the statutory powers or the performance of statutory functions of the Parties to this Protocol. This Protocol is hereby certified and signed by of the Department of in his/her capacity as the (having been duly authorised thereto) at on this day of Name:. Department of. 6

7 Implementation Protocol between THE DEPARTMENT OF BASIC EDUCATION and THE SOUTH AFRICAN POLICE SERVICE on PREVENTION OF CRIME AND VIOLENCE IN ALL SCHOOLS Signatures of the Parties Thus done and signed by of the Department of in his/her capacity as the (having been duly authorised thereto) at on this day of Name:. Department of. As witnesses: Thus done and signed by of the Department of in his/her capacity as the (having been duly authorised thereto) at on this day of Name:. Department of. As witnesses: 1. 2.

8