independent complaints directorate
DESCRIPTION
INDEPENDENT COMPLAINTS DIRECTORATE. Portfolio Committee for Safety and Security 31 March 2006. Introduction. Mr L Xinwa Executive Director. Programme 1: Administration. Mr E Valoyi. Objective. To provide for the overall management and organisation of the Department Components - PowerPoint PPT PresentationTRANSCRIPT
INDEPENDENT COMPLAINTS
DIRECTORATE
Portfolio Committee for Safety and Security
31 March 2006
Introduction
Mr L Xinwa
Executive Director
Programme 1: Administration
Mr E Valoyi
4
Objective
To provide for the overall management and organisation of the Department
Components
• Financial Management • Human Resource Management• Internal Audit• Security Management• Supply Chain Management• Auxiliary Services• Service delivery and Training
5
STAFF COMPLEMENT 2005/2006
Office Approved posts
Filled Vacancies
H/O 77 73 4
Gauteng 19 18 1
KZN 17 17 0
Eastern Cape 14 14 0
Northern Cape 10 9 1
North West 14 14 0
Limpopo 13 13 0
Mpumalanga 11 10 1
Free State 11 11 0
Western Cape 17 16 1
Total 203 195 8
6
New posts as at 1/ 04/2006
• National Office = 03
• Provinces = 25
Total = 28
Number of total posts will be 231
(203+28)
7
Human Resource Development
• 177 staff members exposed to different training courses e.g. SCM, Job Evaluation, Induction Course etc.
• 36 employees are bursary holders– 15 proceeding– 10 failed– 03 withdrew– 06 results outstanding– 02 completed
8
Disciplinary Cases
Nature Office Status
Incompatibility W/C Labour Court
9
Performance review 2005/2006
• Completed the unique numbering of assets
• Black empowerment companies from 41% to 45%
• Black women owned companies 5%
• Black owned 7%
• Vacancy rate from 9% to 3.9%
10
Performance Review cont…
• Interns 21.6%• 4 Provincial offices upgraded to Director
level• Appointment up to level 8 decentralized• Team building sessions conducted• Learnerships delayed due to SETA
problems• Induction courses conducted
11
Challenges 2006/2007
• Implementation of Khaedu project• Working towards a staff structure of 535
posts• Establishment of satellite offices where
possible• Correct segregation of duties i.r.o SCM• Implementation of LOGIS in N/W and E/C
offices• Implementation of PDPs
Programme 3:Information Management &
Research
Mr M Dlamini
13
Programme Objectives
• To maintain a current complaints register, allocate and follow-up on cases, oversee the implementation of the DVA and analyse all information on the database, producing at least three reports annually and recommending interventions to enhance human rights focused service delivery in policing.
• Further, to improve the management of information through technology and the dissemination of information in order to market the organization to various stakeholders.
14
Targets 2005/06 & 2006/07Sub-
programmeIndicator Target Progress for 2005/06
Complaints Registry
Registration and allocation of new cases on the database
Registration within 24 hours
Allocation within 48 hours after registration
Target met
Target not met consistently
Updating the database with case development
Within two (2) days of case development
Target met
15
Targets 2005/06 & 2006/07 cont…
Sub-programme
Indicator Target Progress 2005/06
Monitoring Finalization of all applications for exemption in terms of DVA, received by ICD provincial offices within 30 days of such application
100% Within thirty (30) days of receipt
Target met
Production of audit reports by ICD provincial offices reflecting the state of affairs concerning compliance with the DVA and relevant recommendations related to management of DVA by the SAPS
Three (3) station audits per quarter per province
Minister has approved all DVA reports up-to June
2005.
July to Dec 2005 report under consideration
16
Targets 2005/06 & 2006/07 cont…
Sub-programme Indicator Target Progress 2005/06
Monitoring Production of custody management reports
Three (3) cell inspections per quarter per ICD provincial office
Target not met consistently
Research Production of qualitative reports containing recommendations
Three (3) reports per annum
2 research, 2 DVA & 1 workshop report done
ICT Internal client satisfaction in terms of number of responses and response time
Response to 95% requests within four (4) hours
Target met
17
An Investigation into Factors that Contribute to Backlog of Cases
Objective:• Identify factors that contribute to current high
number of backlog of cases within ICD
Research Methodology:• Both qualitative & quantitative• Interviews & self administered questionnaire
Population of study:• 67 respondents from Program 2 & 3• Purposive sampling
18
An Investigation into Factors that Contribute to Backlog of Cases cont…
Data Analysis - Identified problems:• Shortage of staff• Lack of training• Bureaucratic and ineffective management style• Effects of internal and external communication
Conclusions & recommendations:• Need for continuous in-house training• Recruit more personnel especially investigators
19
WorkshopTitle: Establishing a cordial relationship between SAPS, ICD and
Civil Society: Problems and Prospects 06-07 February 2006
• Participants : Secretariat, SAPS, Civil Society Organizations.
• Objectives : – Giving attention to ways in which working relations between
stakeholders can be enhanced– Highlight importance of strengthening police oversight and
accountability– Explore basis for future co-operative work among stakeholders
• Outcome:– Establishment of task team comprising ICD, Secretariat &
SAPS
20
April – December 2005All Cases
Deaths, Offences and Misconduct - YEARLY CHANGE
PROVINCE 2004/5 2005/6 % Change
Eastern Cape 231 275 19.0%
Free State 281 420 49.5%
Gauteng 874 785 -10.2%
Kwazulu-Natal 554 497 -10.3%
Limpopo 341 300 -12.0%
Mpumalanga 282 265 -6.0%
North West 420 357 -15.0%
Northern Cape 300 275 -8.3%
Western Cape 945 909 -3.8%
TOTAL 4228 4083 -3.4%
21
April – December 2005Deaths by Province
PROVINCE Deaths %
Eastern Cape 73 15.1%
Free State 45 9.3%
Gauteng 111 23.0%
Kwazulu-Natal 102 21.2%
Limpopo 31 6.4%
Mpumalanga 30 6.2%
North West 32 6.6%
Northern Cape 13 2.7%
Western Cape 45 9.3%
TOTAL 482 100.0%
22
April – December 2005 Deaths due MPS action
Deaths where members of the Municipal Police Services were involved
Province Station Metro Police
Gauteng
Ekurhuleni Metro Police
2
Jhb Metro Police 3
Tshwane Metro Police 1
Gauteng Total
6
Western Cape
Cape Town Metro Police
1
Western Cape Total 1
Grand Total 7
23
April – December 2005 Circumstances of death
DEATHS DUE TO POLICE / MPS ACTION
2004 2005 % Change
A suspect shot during the course of a crime
76 64 -16%
A suspect shot during the course of an escape
7 21 200%
A suspect shot during the course of an investigation
16 4 -75%
A suspect shot during the course of arrest 95 94 -1%
An innocent bystander shot by police 4 8 100%
Beaten with hands/fists by police 2 11 450%
Negligence 54 20 -54%
Other intentional shooting 5
Vehicle accidents involving police 14 25 79%
TOTAL 254 227 -12%
24
April – December 2005 Circumstances of death
DEATHS IN POLICE CUSTODY
2004 2005 % Change
Injuries sustained in custody 32 22 -31%
Injuries sustained prior to detention 58 53 -9%
Natural causes 91 93 2%
Suicide 25 62 148%
TOTAL 220 255 14%
25
April – December 2005Offences
PROVINCE Offences %
Eastern Cape 69 5%
Free State 175 14%
Gauteng 252 20%
Kwazulu-Natal 134 11%
Limpopo 96 8%
Mpumalanga 71 6%
North West 112 9%
Northern Cape 90 7%
Western Cape 256 20%
TOTAL 1255 100%
26
April – December 2005Misconduct
PROVINCE Class IV %
Eastern Cape 133 5.7%
Free State 200 8.5%
Gauteng 422 18.0%
Kwazulu-Natal 261 11.1%
Limpopo 173 7.4%
Mpumalanga 164 7.0%
North West 213 9.1%
Northern Cape 172 7.3%
Western Cape 608 25.9%
TOTAL 2346 100.0%
27
April – December 2005All Cases
PROVINCE TOTAL % Total
Eastern Cape 275 6.7%
Free State 420 10.3%
Gauteng 785 19.2%
Kwazulu-Natal 497 12.2%
Limpopo 300 7.3%
Mpumalanga 265 6.5%
North West 357 8.7%
Northern Cape 275 6.7%
Western Cape 909 22.3%
TOTAL 4083 100.0%
28
Challenges
• Meeting strategic targets and improving service delivery.
• Maintaining a database that is always up-to-date.
• Improving compliance with DVA by SAPS and MPS.
• Taking forward recommendations made at stakeholder workshop.
• Maintaining relations between ICD / SAPS Committee on deaths
29
Programme 2:Investigations
Mr T Tshabalala
30
Programme: InvestigationsObjectives
• The investigation of:– Deaths in police custody and as a result of police
action– Criminal offences including allegations of
corruption– Complaints of serious forms of misconduct
• Render legal advisory services• Corporate governance and integrity strengthening
31
Targets 2005/6 & 2006/7
Outcomes Indicators TargetsReduced levels of criminality in the SAPS and MPS
Finalize internal investigations in respect of Class 1 (death) cases
within 180 days
60% of notifications received from
SAPS/MPS Reduced levels of criminality in the SAPS and MPS
Finalize ICD investigations of criminality (internal) within 180 days
50% of complaints received from
SAPS/MPS Conducting comprehensive preliminary investigations
Attendance of crime scenes and post mortem examinations
70% of all reported Class 1 scenes
Progress/update on
investigations Written/oral feedback made to
complainants Every 30 days
Preliminary investigation findings
Finalize preliminary investigations within 30 days
70% of all Class 1 cases
32
Cases closed: April –Dec 2005Unsubstantiated
Substantiated
Unfounded
With-drawn
Referred
Declined Total
E Cape 22 47 7 19 31 11 137
F State 88 33 12 26 8 0 167
Gauteng 209 40 26 293 48 50 666
KZN 221 142 0 0 0 0 363
Limpopo 29 4 0 17 9 0 59
M/langa 44 15 17 18 3 0 97
N West 170 26 0 96 0 0 292
N Cape 8 2 0 3 3 1 17
W Cape 89 135 50 46 0 0 320
Total 880 444 112 518 102 62 2118
33
Anti-Corruption Command (ACC)
• The ACC– A staff compliment of 4 posts (1 vacant)– Total of 65 case dockets– Closed 10 as unsubstantiated– 3 await DPP decision on prosecution– DPP declined prosecution in 5– 10 cases are in court for trial (7 arrested in buy and bust
blitz)
34
High profile investigations: Outcome
• Outcome of a few high profile matters:– Pending in court
• Katlehong: Death of two youths allegedly involving the Ekurhuleni Metro Police
• Harrismith: Alleged shooting of marchers
– Finalized
• Witdraai: Alleged shooting of Optel Rooi – members convicted of murder
• Smithfield: Rape of detainee in police cells – member acquitted
35
High profile investigations
Excessive use of force and/or abuse of power– SAPS Lydenburg: Members allegedly used blunt object to
assault a detainee who subsequently died in custody– SAPS Kabokweni: Six members allegedly assaulted in
police detention– SAPS Fort Beaufort: Members allegedly assaulted the
suspect during arrest and detained him with his injuries. He died in police cells
– SAPS Bushbuck ridge: Alleged rape of an inmate who was booked out for questioning on a few occasions. Awaiting DNA results
– SAPS Selosesha: A member allegedly raped his former girlfriend when she went to his place
36
Convictions 2005/2006
• Convictions – Witdraai: Murder, 5yrs imprisonment wholly suspended
with 3yrs corrective supervision– Galeshewe: Defeating the ends of justice, R4000 fine plus 6
months imprisonment suspended for 4 yrs– Tonga: Assault GBH, 8 months imprisonment or R1000 fine
suspended for 3yrs with conditions– Machadodorp: Culpable homicide R20000 fine or 1 yr
imprisonment wholly suspended– Bethlehem: Murder and Attempted murder, 12yrs and 3yrs
for murder and attempted murder respectively– Lebowakgoma: Murder (road rage) and drunken driving,
17yrs and 18 months respectively
37
(Cont.)
• Phalaborwa: Culpable homicide, 5 yrs wholly suspended for 5 years
• Patterson: Culpable homicide, 3yrs Correctional Supervision
• Motherwell: Assault, R800,00 fine or 2 Month imprisonment
• Balfour: Assault, R600,00 fine or 6 months imprisonment
• Ndevana: Assault, R2000.00 fine or 12 months imprisonment
• Pongola: Murder, 15yrs imprisonment
• Melmoth: Rape (12yrs old minor), 15 yrs imprisonment
• Phoenix: Culpable homicide, 6 yrs imprisonment
• Attridgeville: Culpable homicide, 6 yrs imprisonment with 5 yrs wholly suspended
38
(Cont.)
• Rustenburg: Reckless and negligent driving, 4yrs imprisonment or R20 000 fine
• Kanana: Murder, pointing of a firearm and assault, 10 years imprisonment
• Ikageng: Assault GBH and attempted murder, 3 yrs imprisonment suspended for 5 yrs and declared unfit to possess a firearm
• Phomolong: Murder, 4yrs imprisonment wholly suspended for 3 yrs conditionally and declared unfit to possess a firearm
• Wolmaranstad: Reckless and negligent driving, paid admission of guilt fine
39
Priorities for 2005/2006
• Strengthening of relationship with the Secretariat– Referral of service related complaints – Establishing working protocol on referral of service
related complaints• Strengthening of relationships with other key stakeholders:
NPA, DOJC and SAPS– Speedy decision making on criminal recommendations– Speedy finalization of cases on court roll– Implementation of disciplinary recommendations
• Backlog– Strategy to reduce backlog in all provincial offices
• Accessibility – Establishment of satellite offices to improve accessibility
to our clientele
40
Challenges • Establishment of satellite/contact points to improve
accessibility• Establishment of sound working relations with the Dept
of Health – Establish a protocol to regulate our professional
relationship with pathologists – Appointment of qualified pathologists to conduct post
mortem examinations in all police related deaths• Qualitative investigations versus reliability of witnesses • Improvement of finalization of cases and increase
recommendations to DPP and SAPS management• Improvement of conditions of service for investigators
Overview by CFO
Ms E Verster
42
Expenditure 2005/2006 (Preliminary to 28/02/06)
Prog Budget Expendi
ture
Committed Total Exp
R’000 R’000 R’000 R’000
P1 15 559 14 539 771 15 310
P2 23 149 19 352 512 19 864
P3 10 814 10 503 1 249 11 752
Tot. 49 522 44 394 2 532 47 225
43
Proposed 2006/07 budget to MTECProg. 2006/7
R `000
2007/8
R `000P1
Baseline
Addis.
16 244
0
16 957
2 402
P2
Baseline
Addis.
25 866
21 607
28 059
39 503
P3
Baseline
Addis.
14 082
10 015
15 686
15 404
Total
Baseline
Addis.
56 192
31 622
60 702
57 309
44
Budget 2005/06 vs. Budget 2006/07
Programme 2005/06
R `000
2006/07
R `000
% increase
R `000
P1 22 132 22 717 2.6
P2 22 132 29 094 31.46
P3 10 527 14 095 33.89
Total 54 791 65 906 20.29
45
Budget 2005/06 vs. Budget 2006/07(cont…)
OFFICE 2005/6
R `000
2006/7
R `000
National Office 23 132 31 065
Gauteng 3 869 4 634
Western Cape 3 848 4 730
KwaZulu-Natal 3 954 4 752
46
(cont…)
Eastern Cape 3 154 3 727
North West 2 755 3 549
Limpopo 2 604 3 790
Free State 2 135 3 275
Northern Cape 1 963 3 122
Mpumalanga 2 108 3 262
Total 49 522 65 906
Conclusion
Thank you
Questions ?