INDEPENDENT COMPLAINTS DIRECTORATE

INDEPENDENT COMPLAINTS

DIRECTORATE

Ad Hoc Portfolio Committee for Safety and Security

02 June 2004

Introduction

Scope of work of the ICD

Programme 2

Investigation of Complaints

Budget Allocation 2003/2004

• The budget for the Programme: Investigation for 2003/2004 was

R 16 137 000

• The actual expenditure was the same as the allocated budget

Objectives• The Programme is tasked with investigation of:

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

– Misconduct (infractions of disciplinary regulations, code of conduct etc)

– Criminal offences (attempted murder, robbery, assault, theft etc)

– Investigation of corruption (bribery, organized crime etc)

Indicators/Targets for 2003/4

Outcomes Indicators Targets Progress

Reduced levels of criminality in the SAPS and the MPS

Maximum number of days taken to finalize investigation of deaths

180 days The target has been achieved in many provinces but WC and GP – Investigative staff complement of 5 and 4 respectively

Maximum number of days taken to finalize investigation of criminal offences, corruption cases and misconduct

90 days Target not achieved

• Lengthy process of perpetrator identification

Indicators/Targets for 2003/4Outcomes Indicators Targets Progress

Percentage of investigation reports finalized within 30 days

70% - deaths

70% - criminal offences

70% - misconduct

Target exceeded however not iro update of information on the database

Service delivery improvement

Time within which progress must be forwarded to complainants

Every 30 days Reports were forwarded monthly in majority of cases

Indicators/Targets for 2003/4Outcomes Indicators Targets Progress

Time within which to attend Class 1 scenes

Within 2 hours of notification

Achieved the target in 88% of notifications

Attendance of crime scenes

At least 70% of all reported scenes

Target achieved -

•pockets of non -compliance still exist

Updated database

Time within which new information must be updated in database

Within 24 hours of receipt

Not achieved – operate in the field thus network inaccessible

Outcome of cases

• A brief summary of finalized cases:– Deaths and Criminal offences:

• 21 convictions – Deaths – 112,4 years imprisonment– R54,000 fines

• 6 acquittals – Deaths • 8 convictions – Criminal Offences

– 11,6 years imprisonment– R17,600 fines

• 6 acquittals – Criminal Offences

– Disciplinary actions• 4 convictions

– Fines and dismissals imposed

Spending Priorities – 2004/2005

• Increased intake of criminal complaints– Increased workload per investigator

– Establishment of Anti Corruption Command

– Focus on high profile/sensitive matters

• An increase in corruption cases– Corruption cases already referred to us

• Buy and bust operations

• Cross-border theft of vehicles – Free State/Lesotho (ICD, NIA, SAPS, Scorpions)

• Increased court attendance

Projects for 2004/2005• Establish the Anti Corruption Command

– Better control and minimised risk– A need to appoint skilled specialized investigators to

undertake project–led investigations ( Free State/Lesotho)– Avoid disruption of activities at provincial level– Secondment of Scotland Yard Investigator

• Partnership with Centre for Business and Professional Ethics– Development of integrity office/function (internal)– Development of ICD Code of Ethics– Strengthening of internal ethics and integrity

Budget Allocation 2004/2005

• The allocation for Programme: Investigation for 2004/2005 is R 20 103 000

• Expenditure to date: R 1 132 000

Programme 3

Information Management and

Research

Objectives

• To maintain a current complaints register, allocate and follow-up on cases and, oversee the implementation of the DVA and analyse all information on the database, producing at least five reports annually recommending interventions to enhance human rights focussed service delivery in policing.

• To improve information management through technology and to disseminate information and market the organization to various stakeholders.

Budget for 2003-2004

Budget allocated: R 5 724 000

Budget spent: R 5 656 000

Output for 2003-2004

OBJECTIVE REMARKS

To make database fully operational

The database is almost fully operational. Most ICD provincial offices are registering cases within 24 hours. The updating of case information has tremendously improved. The improvement allows the Head Office to produce consolidated and reliable statistics. A copy of statistical report detailing casework and outcome is attached as an Annexure.

Output for 2003-2004

OBJECTIVE REMARKS

To attend to clients on arrival Most offices are attending to clients within 30 minutes

To forward acknowledgement letters to clients within 30 days of receipt of complaint

This is done generally within 30 days

Output for 2003-2004

OBJECTIVE REMARKS

To finalize 70% applications for exemptions in terms of DVA

More than 70% of such cases are finalized. Fewer applications were received from SAPS and they were all dealt with.

Output for 2003-2004OBJECTIVE REMARKS

To conduct workshops for stakeholders

This is generally happening. Various workshops on DVA implementation were held around the country during the 16 days of activism of no violence against women and children. A workshop on the use of force by SAPS members was held in April 2003. In January 2004, a continental conference on policing oversight in Africa was held.

Output for 2003-2004

OBJECTIVE REMARKS

To conduct 4 external audits per provincial office to check compliance with DVA by SAPS

Most ICD offices visited quite a number of stations and ensured that DVA is complied with. A structured approach in terms of using an audit instrument will be adopted henceforth.

Output for 2003-2004

OBJECTIVE REMARKS

To produce four (4) research reports on systemic problems

Two research reports were finalized, namely, strategy to reduce deaths and deaths of children in custody. Other types of reports were produced, such as a country report on the status of torture and DVA reports which will soon be tabled before Parliament. A conference report on policing oversight in Africa was also finalized.

Objectives for 2004/05• This programme was called Monitoring and Research up

until March 2004 and consisted of three (3) sub-programmes, namely, Complaints Registry, Monitoring as well as Research and Development. With effect from April 2004, it was integrated with the components Information Technology and Communication and renamed Information Management and Research. The programme Information Management and Research basically consists of two sub-programmes, namely, Information Management System and Research. The sub-programme Information Management System is made up of the Communications, Information Technology and Complaints Registry functions. The sub-programme Research is made up of the Research and the Monitoring functions.

Objectives for 2004/05• To ensure new complaints are received, analyzed, processed and

registered.• To maintain a database system which serves as a register for all

ICD complaints.• To manage the information technology in order to ensure a smooth

operation of all ICD IT systems.• To consolidate and manage all ICD information needs with a view

to facilitating access and sharing of knowledge and information.• To manage all communication and marketing processes and

activities with a view to facilitate the dissemination of information and promotion of ICD products and services to all stakeholders.

• To embark on various pro-active oversight activities including research, station audits, monitoring, etc. with a view to recommend solutions designed to address systemic problems in policing.

Budget for 2004-2005

Allocation : R 1 469 000

Expenditure April 2004 : R 489 000

Programme 1

Administration

OBJECTIVE To provide for the overall management of the

department by rendering the following services:

• Financial Management• HRM• Provisioning• Internal Audit• Auxiliary• IT• Communication• Legal Services• Security Management

BUDGET 2003 / 2004

• Allocation : R 15 182 000

• Expenditure : R 15 181 000

42%42%

PERSONNEL STRUCTURE

• Funded Posts : 186• Filled : 170 (Including those

awaiting approval)

• Vacant : 16 ( not yet advertised)

National Office = 70 (38%)National Office = 70 (38%)Provincial Offices = 116 ( 62%)Provincial Offices = 116 ( 62%)

PERSONNEL STRUCTURE cont.

Programme 1 = 57 31%

Programme 2 = 74 40%

Programme 3 = 55 29%

MISCONDUCT CASES 2003 / 2004

NATURE OFFICE RESULT

Dereliction of Duty Mpumalanga Final Written Warning

Contravention of Media Policy

Western Cape Demotion and Final Written Warning

Misuse of Official Vehicle

Mpumalanga Pending

Facing Criminal Charges, to be prosecuted shortly

Western Cape Suspended

HUMAN RESOURCE DEVELOPMENTBURSARIES (2003)

• Bachelors Degrees = 16• Diplomas = 4

TRAINING PER SALARY LEVEL

• Level 1 – 5 : 40• Level 6 – 9 : 71• Level 9 – 15 : 37

Passed : 4Failed : 9Withdrew : 6Pending Results : 1

OUTPUT 2003 / 2004

• Interns : 17% (5%)

• IT : Skills and Network Upgraded

• Subsidised Cars : Increased from 7 to 13

• Audit Report : Unqualified (3 fiscals)

• Special Programmes : EAP Service Provider acquired

• Security Management : Upgraded (e.g. access cards)

OBJECTIVE 2004 / 2005 Provide overall management of the

Department by rendering the following services:

• Financial Management• HRM• Supply Chain Management• Internal Audit• Security Management

KEY PROJECTS 2004 / 2005

• Full implementation of function Supply Chain Management

• Partnership with the Centre for Public Service Innovation

BUDGET 2004 / 2005

Allocated : R 12 564 000

Expenditure April 2004:R 914 000

Overview by the CFO

Expenditure as at 31 March 2004

Programme Budget Expenditure

R’000 R’000

P1 15 182 15 181

P2 16 137 16 137

P3 5 724 5 656

Total 37 043 36 990

Focus Areas for MTEC

• Corporate Governance

• Risk Management

• Pro-active oversight (P3)

Budget allocation for 2004/05

Programme: Budget: 2004/05

Budget 2005/06

Budget 2006/07

P1: Administration

R12 564 000 R13 366 000 R14 244 000

P2: Investigation of Complaints

R20 103 000 R22 358 000 R23 866 000

P3: Information Management and Research

R 9 447 000 R10 798 000 R12 082 000

Total R42 114 000 R46 522 000 R50 192 000

Conclusion

Adv. KD McKenzie