INDEPENDENT COMPLAINTS

DIRECTORATE

Presentation to the Select Committee on Security and

Constitutional Affairs

11 April 2005

Introduction

PROGRAMME 1 : ADMINISTRATION

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OBJECTIVE

To provide for the overall management and organisation of the Department

Activities

Financial Management Human Resource Management Internal Audit Security Management Supply Chain Management Auxiliary Services

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STAFF COMPLEMENT 2004/05

Office Total P1 P2 P3 VacanciesH/O 70 40 11 17 2

Gauteng 18 2 10 6 0

KZN 16 2 10 4 0

Eastern Cape 13 2 7 4 0

Northern Cape 8 1 3 4 0

North West 12 1 6 4 1

Limpopo 12 2 6 4 0

Mpumalanga 10 1 5 3 1

Free State 10 1 5 4 0

Western Cape 17 2 10 5 0

Total 186 54 73 55 4

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Misconduct CasesNature Office StatusFailure to attend crime scenes

N/C (1) Disciplinary hearing in progress

Misuse of governmentvehicles

Mpumalanga (1)W/C (2)GP (1)

Disciplinary hearings in WC and MP have commenced

Fraudulent qualifications

W/C ( 1) Disciplinary hearing finalised. Employee dismissed.

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Grievances

Nature Office StatusNot promoted KZN Pending

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Bursary AdministrationBursary holders

Passed Failed Withdrawals Terminated

42 27 7 2 6

(repeating on their own)

(refunding) (refunding)

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Examples of Courses attended in 2004/05

Project ManagementSupervisionBalanced ScorecardAdvanced Project ManagementLabour RelationsStrategic ThinkingMinute Taking Report WritingIn-house Training for InvestigatorsIn-house Training for Case Workers, Case Analysts & MonitorsCorruption Prevention on the African Continent

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Training & DevelopmentCourses attended according to levels

Level 4 16Level 5 10Level 6 2Level 7 46Level 8 7Level 9 17Level 10 4Level 11 15Level 13 19Level 14 1Total 137/186 = 74%

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Strategy 2005/2006Staff Complement

Office Total P1 P2 P3 Add. PostsH/O 77 45 11 21 7

Gauteng 19 2 11 6 1

KZN 17 2 11 4 1

Eastern Cape

14 2 8 4 1

Northern Cape

10 1 5 4 2

North West 14 2 8 4 2

Limpopo 13 2 7 4 1

Mpumalanga 11 1 6 4 1

Free State 11 1 6 4 1

Western Cape

17 2 10 5 0

Total 203 60 83 60 17

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Challenges• Full implementation and roll-out of Supply Chain

Management (October 2005)• Full implementation of the Human Resource

Development Plan (HRDP) (November 2005)• Continued reduction of vacancy rate. It has

dropped from 9.6% in 2003/04 to 3.2% in 2004/05

• Scarcity of required skills, especially in provinces such as Mpumalanga and Northern Cape. Development of learnerships to address this.

Programme 2: Investigation of Complaints

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Objectives• The objective of the Programme is the investigation

of:– Deaths in police custody and as a result of police

action– Criminal offences including allegations of

corruption– Complaints of misconduct or service delivery

• Provision of legal advisory services• Integrity strengthening

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Structure• The structure of the Programme at National Office:

– Programme Manager: Investigations– Senior Manager: Investigations/Legal Services– Manager: Investigations– Manager: Anti-Corruption Command

• 3x Principal Investigators– Manager: Integrity Strengthening Unit– Assistant Manager: Legal Services

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Programme Management• Programme Management responsibilities:

– Crafting of the strategy for the Programme: Investigations– Capacity building

• Appointment of investigators• Identification of training needs, training and

development– Development of Standard Operating Procedures– Conclusion of working protocols with key stakeholders

• SAPS, MPS, DPP etc – Provision of legal advisory services– Strengthening of integrity of our business processes and

workforce

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Review of performance 2004/05• Some high profile cases investigated and their

impact:– Katlehong – death of two youths allegedly by

Ekurhuleni Metro Police– Salt River – alleged harassment by SAPS – Harrismith – alleged shooting of marchers– Witdraai – alleged shooting of Optel Rooi – Smithfield – alleged rape of detainee in police

cells

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Review of performance 2004/05 (cont)

• Treasury approved of the option for the Anti-Corruption Command (ACC) and funded it for the three year cycle

• The ACC established during latter half of the financial year

• Seconded Metropolitan Police (UK) officer to assist and give technical advice for the establishment of the ACC

• The ACC has already undertaken a few “Buy and Bust” operations and project-led investigations

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Review of performance 2004/05 (cont)

• Legal Services – Provision of legal advisory services to both

line function and corporate services– Strengthening of stakeholder relationship

with both the SAPS and MPS • Strengthening of integrity of officials and work

processes– The Manager: Integrity Strengthening

commenced duty on 01March 2005

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Review of performance 2004/05 (cont)

• Capacity building– Training conducted on firearm competency

in terms of the Firearms Control Act – The ICD trainers delivered two in-house

refresher investigation training courses during the financial year

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Priorities for 2005/2006• Training

– Compilation of Training Manual for newly appointed investigators

– Delivery of in-house training by ICD trainers– Development of ICD Learnerships

• Stakeholder management– National workshop to review existing protocols with SAPS, MPS

and DPP• Anti-Corruption Command

– Greater awareness of the ACC through successful investigation of reported cases

– Undertaking proactive investigation projects

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Priorities for 2005/2006 (cont)• Strengthening of integrity

– Development of case studies – 1st draft Code of Ethics for the ICD to be circulated

to our stakeholders and staff for comment – Training on ICD Code of Ethics

• Training on whistle blowing and sexual harassment policies

• Alignment of all ICD policies with ethics framework• Establishment of a separate ethics hotline, fax line and

email address

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Challenges• Project on preparation of logs indicating increases of

workload, backlogs, conviction rates, acquittals etc• Review of protocols and strengthening of existing

ones with key stakeholders• Development of surveys pertaining to rendering of

service delivery in Programme 2• Inculcating ethics in all business processes • Keeping our investigators at the cutting-edge of our

business through effective and relevant training interventions

Programme 3: Information Management & Research

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Programme description and key activities• The vision of this Programme is to make proactive interventions

through research and monitoring as well as to create an effective organization with integrated information gathering, processing, sharing and dissemination systems. To this end, the key activities are as follows:

– Receiving, analyzing, processing and registering all new complaints– Maintaining a database system which serves as a register for all ICD

complaints– Managing the information technology– Managing ICD information and other knowledge resources– Managing all communication and marketing processes– Embarking on proactive oversight activities including research,

station visits, monitoring, etc

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The Programme is divided into five (5) Components

• Information Technology• Communication• Library• Complaint Registry and Monitoring• Research and Development

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Overview – Case intake for 2004/2005 nationally

• Overall intake of new cases decreased by 2% compared to 2003/2004

• Cases of deaths in police custody or as a result of police action decreased by 6% compared to 2003/2004

• Cases of misconduct decreased by 8% compared to 2003/2004

• Cases of alleged offences or criminality increased by 18% compared to 2003/2004

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Analysis of case intake at provincial level during 2004/2005

• The following percentages in respect of case intake during 2004/2005 compared to 2003/2004

• Gauteng decreased by 28%• Eastern Cape decreased by 22%• Western Cape decreased by 2%• Free State increased by 92%• Northern Cape increased by 50%• Mpumalanga increased by 22%• North West increased by 9%• Limpopo increased by 6%• KwaZulu-Natal increased by 1%

• Small provinces experienced an increase while bigger provinces experienced a decline

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Analysis of case intake ( cont)► The following represents share percentages of provincial

offices in respect of total case intake during 2004/2005

Province Percentage ShareEastern Cape 6.1%Free State 6.9%Mpumalanga 7.1%Limpopo 8.0%Northern Cape 7.6%KwaZulu-Natal 12.6%North West 9.8%Gauteng 20. 2%Western Cape 21.7%Total 100%

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Breakdown of intake of cases of deaths at provincial level during 2004/2005

The following represent share percentages of provincial offices in respect of intake of cases of deaths during 2004/2005

Province Percentage shareEastern Cape 10,8%Free State 5.7%Gauteng 22.6%KwaZulu-Natal 26.7%Limpopo 8.4%Mpumalanga 8.2%North West 5.8%Northern Cape 1.6%Western Cape 10%Total 100%

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Breakdown of 6.6% decrease in cases of deaths province by province

• The following is the breakdown of the 6.6% decrease in case of deaths province by province

– Eastern Cape decreased by 18%– KwaZulu-Natal decreased by 13%– Western Cape decreased by 8%– Northern Cape decreased by 8%– Mpumalanga decreased by 7%– Limpopo increased by 6%– Free State increased by 3%– Gauteng increased by 2%– North West remained the same as 2003/2004

• Only 3 provinces experienced a slight increase in 2004/2005

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Dynamics in respect of cases of deaths at provincial level

• The following depict types of cases of deaths commonly received by various provinces during 2004/2005

– Eastern Cape = Mainly natural causes and few shootings– Free State = Combination of natural causes, suicide and motor

collision– Gauteng = Mainly shootings and suicide– KwaZulu-Natal = Mainly shootings– Limpopo = Mainly shooting as well as few natural causes and suicide– Mpumalanga = Combination of shootings and natural causes – North West = Mainly natural causes– Northern Cape = Mainly suicide– Western Cape = Combination of suicide, motor collision and

poisoning

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Output 2004/2005• 95% of new cases are captured and processed within 48 hrs• SAPS/ICD Committee, established in 2003 – improved analysis

of death related cases• Improvement on feedback to clients from 30 days to 7 days• Finalization of monitored files expedited – 80% of backlog

cleared• Updating of database improved from 52% to 75%• ICD marketing activities - target of 12 per province exceeded in

some provinces• 100% of applications for exemption (DVA) processed• 100% of DVA cases of non-compliance processed and monitored• Draft DVA reports and Conference Report on Civilian Oversight

completed

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Proactive oversight 2005/2006• Establishment of fully- fledged Research Unit

- Appointment of four (4) Researchers from 1 April 2005- Establishment of Reference Group of experts in the research field - quality control- Continuation of partnership with Open Society Foundation

• Research recommendations to focus on:- SAPS policy improvement- SAPS operations and systems- ICD operational efficiency and effectiveness

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Pro-Active Oversight (cont)• Conducting cell inspections

- Identify conditions prone to escalating custody deaths- Deployment / training of ICD Monitors for purpose of cell inspections- Production of a cell inspection instrument - Improved co-ordination of cell inspections

• Conducting station audits- Check on compliance with DVA - Deployment of Monitors- Improved co-ordination of station audits- Production of a station audit instrument

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Importance of proactive oversight

• Research contributes to reform of police policy and practice

• Pattern analysis result in practical reform and a concomitant increased reduction of misconduct

• Provides basis for lessons in terms of police practice

• Important tool in improving training of police

Overview by CFO

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Expenditure 2004/2005 (Preliminary)

Programme Budget Expenditure

R’000 R’000

P1 12 930 12 927

P2 20 103 19 441

P3 9 081 9 744

Total 42 114 42 112

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Budget 2005/06 vs. Budget 2004/05

Programme 2004/05 2005/06 % increase

P1 12 930 15 559 20.33

P2 20 103 23 149 15.15

P3 9 081 10 814 19.08

Total 42 114 49 522 17.59

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Budget 2005/06P1 P2 P3 Total

R’000 R’000 R’000 R’000GP 244 2 782 843 3 869KZN 355 3 044 555 3 954WC 381 2 827 640 3 848EC 266 2 370 518 3 154NC 159 1 330 474 1 963FS 159 1 456 520 2 135MP 156 1 501 451 2 108LP 239 1 862 503 2 604NW 233 2 058 464 2 755Sub Prov 2 192 19 230 4 968 26 390H/O 13 367 3 919 5 846 23 132

Gross Total 15 559 23 149 10 814 49 522

Conclusion