| Specific interventions by government departments |
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In terms of the Prevention and Treatment of Drug Dependency Act, as amended, and in accordance with the NDMP, particular national government departments (as shown under 4.1.1) are charged with drawing up operational plans referred to as “mini-drug master plans” (MDMPs) in line with their core functions. These plans are submitted to the CDA for approval and then used as the basis for annual reports to the CDA on the departments' progress in the fight against crime. These reports help the CDA compile an annual report for the Cabinet on the management of the drug problem across South Africa. Specific departments have been identified as pivotal in the fight against drugs. Below is a brief discussion of these departments and their functions in respect of managing the supply of and demand for substances of abuse. 1. Arts and Culture The Department of Arts and Culture is responsible for supporting occupational groups at risk such as artists, musicians and others. It has to draw up a strategy for preventing and combating substance abuse among members of these vulnerable groups. It collaborates with other departments in this endeavour. 2. Correctional Services The Department of Correctional Services provides corporate services to facilitate compliance with national drug policy in the workplace. The department helps formulate security strategies aimed at preventing drugs entering correctional centres, reducing demand through educational programmes and implementing harm reduction strategies and rehabilitation programmes for offenders suffering from substance abuse in line with Department of Health protocols. The department has formed partnerships with external stakeholders from civil society as well as with other government departments in its fight against substance abuse. Integral to this approach is the department's desire to correct the offending behaviour of sentenced persons. 3 Education As an extension of the National Drug Master Plan, the Department of Education has developed a Policy Framework on the Management of Drug Abuse in all Public Schools and Further Education and Training Institutions. The policy framework encapsulates recommendations made in the National Drug Master Plan and has been distributed to schools throughout South Africa.The policy framework focuses on prevention and early intervention based on a restorative justice approach. Drug abuse issues form part of the curriculum, specifically within the life orientation learning area. The department has to ensure that life orientation programmes provide learners with relevant knowledge on drug abuse so that they can make appropriate choices when confronted with drugs.Guidelines for the Prevention and Management of Drug Abuse in all Public Schools and Further Education and Training Institutions have been developed and will be distributed to all schools in the country.
The guidelines are underpinned by principles enshrined in the Constitution and take into consideration the legal and other requirements pertaining to drug abuse. The guidelines should therefore be used as the basis for developing a drug management strategy for all schools. The training of master trainers in all provinces should precede the implementation of the policy framework and the guidelines. A reduction in the supply of and demand for drugs can be brought about only through the collaboration of relevant stakeholders such as the Departments of Safety and Security, Social Development, Health, Sport and Recreation, Arts and Culture, and Justice. The programmes of the different departments should facilitate the uninhibited access of children to after-care programmes in schools and of young people to multipurpose centres for unemployed youth. Educational programmes on the abuse of drugs should be made available to all communities. 4 Financial Intelligence Centre (FIC) The Financial Intelligence Centre is responsible for passing on to the relevant law enforcement authorities, intelligence agencies and SARS any drug and crime-related information it receives from banks and other institutions. In turn, these authorities and agencies are expected to inform the FIC about enforcement targets and drug distribution typologies in South Africa so that the FIC can do its work effectively. 5 Foreign Affairs The Department of Foreign Affairs has the following responsibilities. • To enter into bilateral and multilateral agreements for the effective management of substance abuse; • To ensure South Africa's compliance with its international obligations as a state party to the following instruments. • Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol • Convention on Psychotic Substances of 1971 • United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988; • To ensure South Africa's adherence to the general rules of international law on combating substance abuse; • To promote enhanced regional and international cooperation in the combating of substance abuse, illicit trafficking in drugs and transnational organised crime; • To advise all national stakeholders on South Africa's international obligations with respect to international instruments on drugs. 6 Health The Department of Health is responsible for reducing drug demand and harm caused by psychoactive drugs, including alcohol and tobacco, through the promulgation of legislation and policy guidelines for early identification and treatment. It collaborates with the Departments of Education and Social Development on national awareness campaigns and also supports treatment centres by advising on detoxification programmes, the appointment and support of medical personnel, capacity building and supervision. The government has already promulgated far-reaching legislation on tobacco control in the country. The Department of Health recently submitted an amendment bill in parliament aimed at strengthening tobacco control and significantly increasing fines for violation of the Tobacco Control Act. The age restriction on the sale of tobacco has been increased from 16 to 18 years, and the proposed penalties for non-compliance are severe. The fine for the failure of owners of public places or employers to ensure no smoking in a smokefree area has been increased from R200 to a minimum of R20 000. The Department of Health has developed a framework for legislation on the control of alcohol. The government needs to fast track the policy and legislative framework on alcohol as alcohol is currently the number one drug of choice in South Africa. Collaboration with the private sector and the alcohol industry is important in developing and implementing such policies. 7 Home Affairs The Department of Home Affairs is responsible for determining the status of persons (citizens and foreigners) and for issuing appropriate enabling and/or identification documents to such persons. The department reports on the movement of persons into and out of South Africa through various ports of entry. It is also responsible for the detection, detention and deportation of illegal foreigners some of whom are involved in criminal activities, including drug abuse. The department chairs the Border Control Operational Coordinating Committee (BCOCC) and is charged with ensuring that the operations of the various stakeholders (including Port Health, SARS, Agriculture, SAPS, NIA, Defence, DEAT) are coordinated and effective. The department administers a deportation facility, which also serves as a holding centre for deportees. Like many detention facilities, the deportation facility faces the risk of drug abuse by deportees. The deportation facility also has a small medical facility on site that has to be managed according to set standards and risk management procedures. 8 Justice and Constitutional Development The Department of Justice and Constitutional Development helps reduce the demand for illicit drugs and the supply of such drugs on the street. Regarding demand reduction, the department, through the criminal justice system, diverts young and non-violent offenders who require drug-related treatment to treatment programmes instead of their having to go through the court system, stipulating treatment as a condition of suspension of sentence, pre-trial release or correctional supervision and focusing on the expedition of cases. The department also ensures that role players in the courts are educated about substance abuse so that they can identify offenders who require treatment. The department sees to it that prosecutors and magistrates receive training on legislation aimed at prosecuting offenders. Regarding supply reduction, the department deals with organised crime involving drugs through forfeiture of the gains/property (asset forfeiture) ensuing from crime as well as through deterrent sentences in the courts. The department plays a role in the Justice Crime Prevention and Security (JCPS) Cluster and the Social Cluster in the fight against drugs. In terms of its involvement with the JCPS Cluster, the department contributes to the formulation of intersectoral strategies for combating drug-related offences. In terms of its involvement with the Social Cluster, the department contributes to the formulation of intersectoral strategies on social cohesion and moral regeneration focusing, in particular, on drug-related aspects of crime prevention/combating if the cluster identifies this as a priority. 9 Labour The Department of Labour establishes the conditions of employment and protects the rights of employees in the workplace. It combats substance abuse in the workplace and draws up workplace policies on substance abuse. 10 Medicines Control Council The Medicines Control Council (MCC) is a statutory body appointed by the Minister of Health in terms of the Medicines and Related Substances Control Act (No. 101 of 1965) to oversee the regulation of medicines in South Africa. Its main function is to safeguard the public by ensuring that all medicines sold and used in South Africa are safe, therapeutically effective and consistently meet acceptable standards of quality. The Medicines Control Council applies standards laid down by the Medicines and Related Substances Control Act (No. 101 of 1965), which governs the manufacture, distribution, sale and marketing of medicines. The prescribing and dispensing of medicines is controlled through the establishment of schedules for various medicines and substances. 11 National Youth Commission The National Youth Commission (NYC) was established by the National Youth Commission Act 1996 (Act. No. 19 of 1996) and is located in the Office of the Deputy President. The NYC's primary aim is to assist the government in planning a comprehensive youth development policy with reference, inter alia, to substance abuse and related issues. The NYC focuses on youth in and outside school. 12 Safety and Security The Department of Safety and Security includes the South African Police Service (SAPS), the Independent Complaints Directorate (ICD) and the Secretariat for Safety and Security. The Secretariat for Safety and Security was established in terms of Chapter 2 of the SAPS Act (No. 10 of 1995) and has the following functions. • To advise the Minister of Safety and Security on the exercise of his or her powers and the performance of his or her duties and functions; • To perform such functions as the minister may consider necessary or expedient to ensure civilian oversight of the South African Police Service; • To provide the minister with legal services and advice on constitutional matters. The ICD was established in terms of Chapter 10 of the SAPS Act (No. 10 of 1995) to investigate complaints of brutality, criminality and misconduct against members of the South African Police Service (SAPS) and the Municipal Police Service (MPS). The ICD operates independently from the SAPS in the investigation of alleged misconduct and criminality by SAPS members. Its mission is to promote appropriate police conduct. 13 Social Development The Department of Social Development is the lead department in the campaign against substance abuse, and it provides technical and financial support to the CDA and its secretariat. It is responsible for developing generic policy on substance abuse and has the following strategic objectives. • To develop a comprehensive legal and policy framework for service delivery on substance abuse; • To develop and refine programmes on prevention, early intervention and treatment for substance abuse; • To facilitate capacity building and training of provincial stakeholders; • To monitor and evaluate the implementation of policies and programmes on substance abuse; • To develop minimum norms and standards for service delivery in the field of substance abuse. In collaboration with the Department of Health, the department provides treatment centres at community and tertiary levels. 14 South African Police Service The objective of policing, in terms of the Constitution Act (No. 108 of 1996), is to • prevent, combat and investigate crime; • maintain public order; • protect and secure the inhabitants of the Republic and their property; • uphold the law The SAPS budget includes five key departmental programmes, namely Administration, Visible Policing, Detective Services, Crime Intelligence, and Protection and Security Services. All five programmes include drug demand and supply reduction strategies. The following services/functions cut across the programme structure and impact on the functions in the different programmes. • Employee Assistance Services provides proactive and reactive social work assistance to members and their families;• Crime Prevention ensures visible crime deterrence through proactive and response policing on drug crimes thus supporting supply reduction programmes; • Crime Intelligence conducts intelligence operations on criminal groups involved in drugs and gathers, collates and analyses related intelligence information; • Crime Intelligence provides intelligence on precursor chemical movements nationally and internationally; • Crime Intelligence provides for international cooperation between South African Police Services (SAPS) and foreign law enforcement agencies in addressing drug trafficking. • Protection and Security Services provides policing and security at ports of entry and railways thereby minimising drug trafficking into and out of the country; it is responsible for arrests and seizures at ports of entry; • Detective Services investigates and gathers evidence on serious and organised crime and deals with transnational and domestic narcotics trafficking through intelligence-driven operations: i. Project operations, for example undercover operations, controlled deliveries, entrapment, surveillance, interception and monitoring; ii. Disruption operations, for example search and seizure at ports of entry, nightclubs and drug outlets. The SAPS promotes international cooperation and acts as a competent authority under the United Nations (UN) Conventions on the Law of the Sea (FFG) as well as the following UN Conventions: i. The Single Convention of Narcotics Drugs of 1961 ii. The Convention of Psychotropic Substances of 1971 iii. The Convention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, including Control Deliveries (Article 11) and Precursor Control (Article 12), which obligates the SAPS to control the import and export of precursors and investigate any illicit uses through the Chemical Monitoring programme, which the SAPS has adopted 15 South African Revenue ServiceSARS is mandated to control the cross-border movement of goods, one of its functions being to prevent the movement of prohibited and restricted goods, for example narcotics. SARS participates in joint SARS/SAPS teams at certain ports of entry to interdict drugs and fulfils this function independently at other ports of entry. 16 Sport and Recreation The Department of Sport and Recreation, through the South African Institute for Drug Free Sport (SAIDS), develops and implements prevention programmes against substance abuse from the fifty-seven sporting disciplines at regional, national and international levels. SAIDS was established in terms of the Drug Free Sport Act (No. 14 of 1997) to promote participation in sport free from the use of prohibited substances or methods aimed at artificially enhancing performance. SAIDS accordingly outlawed doping practices, which are contrary to the principles of fair play and medical ethics, in the interest of the health and well-being of sportspersons. The Drug Free Sport Act vests SAIDS with the statutory power to conduct a national drug testing programme that may subject any sportsperson to drug testing, at short notice or without notice, both in competition and out of competition. SAIDS is the only body in the country permitted to authorise and enforce national anti-doping policy. It is funded by Sport and Recreation South Africa and its executive authority is the Minister of Sport and Recreation. The Act has been amended to comply with the requirements of the World Anti-Doping Code, and SAIDS' Amendment Act (2006) will extend and increase the effectiveness of the institute in implementing its mandate. The South African Institute for Drug Free Sport is recognised globally as a world leader in the fight against drugs in sport and is one of a handful of national anti-doping organisations that have been awarded the international benchmark of excellence, ISO 9001/2000 Certification, in compliance with the World Anti-Doping Code. SAIDS' four main focus areas i. Drug testing for the purpose of detecting and deterring the use of prohibited substances and methods. ii. Education and awareness programmes for the purpose of preventing and deterring the use of prohibited substances and methods. iii. Research on sociological issues (knowledge, attitudes towards and use of performance-enhancing drugs among South African sportspeople) for the purpose of planning and implementing effective drug-testing and education programmes. Iv. International anti-doping alliances and collaboration with similar bodies throughout the world, with the focus on Africa, for the purpose of contributing to the harmonisation and improvement of doping control standards and practices. In establishing an independent and accountable national anti-doping agency, the government has made a significant commitment to the global fight against banned drugs in sport, and, by virtue of SAIDS' legislative ambit, all national sports federations are obliged to cooperate with the institute. “Doping” is the use of prohibited substances and/or methods that enhance performance or recovery in sport or that lead to enhanced performance in sport. The presence of any prohibited substance in a urine sample constitutes a doping offence, irrespective of how it got there. The use of drugs to enhance athletic performance is against the rules laid down by the governing bodies of most recognised sports worldwide. Drug-testing programme SAIDS conducts a comprehensive annual in-competition and out-of-competition drugtesting programme on over 2 500 South African athletes from fifty-four sporting disciplines competing at regional, national and international level. Out-of-competition testing is unannounced and can take place at the athlete's home, place of work, training field or any other venue. SAIDS has 54 accredited part-time doping control officers trained to international standards, based throughout the country, who conduct the testing and 76 trained chaperones who assist them. SAIDS also conducts in-competition and out-of competition testing services for international sports federations, international anti-doping organisations, including the World Anti-Doping Agency, and organisers of major international events. 17 Trade and Industry For the purpose of the NDMP, the Department of Trade and Industry is responsible for the regulation of the liquor industry. In particular, the department administers and enforces the Liquor Act (No. 59 of 2003) through the National Liquor Authority (NLA). The regulation of the liquor industry is a concurrent national and provincial legislative competence. In summary, the Liquor Act provides for the establishment of norms and standards, minimum standards and criteria for cooperative government in the regulation of liquor in South Africa. The Act also provides for the establishment of the National Liquor Policy Council (NLPC), which consists of the Minister of Trade and Industry, as chairperson, and all MECs responsible for the administration of liquor matters in each province.
The objectives of the Act are to reduce the socioeconomic and other costs associated with alcohol abuse and to promote the development of a responsible and sustainable liquor industry. It also provides for public participation in the liquor licensing process. 18 TransportThe Department of Transport is responsible for ensuring coordination in enforcement activities (actually implemented by provinces and local authorities) through the Road Traffic Management Corporation. The department is active in several areas concerned with the implementation of nationalsubstance abuse policy.
• Training of traffic officers (managed by the Road Traffic Management Coordination RTMC) will from 2007 include a component on the recognition of drug users. Officers are trained to prosecute alcohol-related crimes on the road by three methods: breath tests conducted by means of an alchometer, blood tests carried out by a registered nurse or medical doctor, and recognition of behaviour indicating that the person is under the influence of alcohol or drugs.
• The responsibility for laying down standards for enforcement equipment lies with the Technical Committee for Standards and Procedures. This includes considering all matters concerning alchometers and breathalysers, their acceptance as evidentiary equipment and the latest technical developments the field. It also includes the approval of equipment for identifying illegal drug usage.
• The new Road Safety Strategy, based on consultation with all the provinces, includes plans to increase enforcement, particularly in the form of miniroadblocks as well as multidisciplinary roadblocks. Roadblocks can identify drivers driving under the influence of drugs or alcohol and can also lead to the apprehension of people carrying drugs on the roads. Drugs have to be transported from their area of manufacture or importation to the customers, and this is generally done via roads. • Legislation and regulation often involve the introduction of measures to combat alcohol and substance consumption, for example the reduction of blood alcohol levels from 0,08 to 0,05 in 2004 in terms of the Road Safety Strategy.
• Public transport. The alcohol limit for Professional Driving Permit (PrDP) drivers is 0,02, and this limit is enforced through roadblocks as part of the Road Safety Strategy. Also part of the campaign is a training programme and practical test for PrDP drivers. Lectures on the use and abuse of alcohol and drugs is a component of the training so that all drivers of public transport vehicles can be aware of the dangers of combining alcohol or any illegal drug and driving. In summary, government departments charged with developing mini-drug master plans (MDMPs) have to commit themselves to providing human, financial and material resources to assist in the implementation of the NDMP. The MDMP should be in line with the particular department's mandate as outlined in the NDMP. Knowledge of substance abuse should be a key performance area of the officials of each government department. MDMPs should also reflect resources allocated per activity in the achievement of specified goals on an annual basis.
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