INDEPENDENT COMPLAINTS DIRECTORATE

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INDEPENDENT COMPLAINTS DIRECTORATE

Presentation to the Select Committee on Security and Constitutional

Development

26 June 2009

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Introduction

Mr E Valoyi

Vision & Mission of the ICDVision & Mission of the ICD

VISION

A transformed police service in line with the spirit and purport of the Constitution

MISSION

To promote proper police conduct

VALUES

In the spirit of Batho Pele, we shall be guided by the following principles:

Ethical conduct, Accountability, Transparency and Professionalism

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Mandate of ICD

•Section 53(2) of the South African Police Act (Act no 68 of 1995) stipulates that the ICD

•May mero motu or upon receipt of a complaint, investigate any misconduct, or offence allegedly committed by a member, and may where appropriate, refer such investigation to the Commissioner concerned

•Shall mero motu or upon receipt of a complaint, investigate any death in police custody or as a result of police action, and

•May investigate any matter referred to the Directorate by the Minister or member of the Executive Council

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Mandate of ICD (cont…)

•Section 18 of the Domestic Violence Act, no 116 of 1998 stipulates that failure by a member of the South African Police Service to comply with an obligation in terms of this Act or the National instructions referred to in subsection(3) constitutes misconduct as contemplated in the South African Police Service Act, and the ICD must forthwith be informed of any such failure reported to the South African Police Service

•ICD must every six months submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection(4) (a) and set the recommendations made in respect of such matters

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Programme Structure

The Independent Complaints Directorate represents VOTE 20 in the Estimates of National Expenditure

The Vote is made up of 3 Programmes

Programme 1- Administration: To provide for overall management, police development and organisation of the Independent Complaints Directorate, in line with government prescript

Programme 2- Investigation: To investigate cases of deaths in police custody and as a result of police action, the investigation and/or monitoring of complaints of criminality and misconduct.

Programme3 –Information Management & Research: To receive, register and process complaints. Provide information and recommendations including the DVA. Conduct research and produce reports and, conducting community awareness programmes

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Strategic priorities: 2009/12

• Increasing Access to the ICD – As part of the initiative to broaden the communities' access to the ICD’s services;

- Establish 3 additional satellite offices during 2009/2010 (6 of the 22 identified satellite offices have already been established)

- Establish a fully fledged call centre

• Streamlining ICD programmes

- Restructuring Programme 3 - Information Management and Research in order to capacitate Programme 2 - Investigation of complaints. This will increase investigative capacity and ensure that the entire complaints processing is managed within one programme

- Implement the Job Evaluation results

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• Reduction of the vacancy rate by 50% (currently 32 vacancies) • Achieve EE targets to reach 50% of women at senior management levels and, 2% of people with

disabilities• Achieve 70% of skills development initiatives• Maintain and update the electronic asset management system

PROGRAMME 1 : ADMINISTRATION

Objectives and measures

To provide for the overall management, policy development and organisation of the Independent Complaints Directorate in line with government prescripts

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PROGRAMME 2 : INVESTIGATIONS

Objectives and measures

To investigate cases of deaths in policy custody and as a result of police action, the investigation and/or monitoring of complaints of criminality and misconduct

- Finalize investigation of deaths in custody and as a result of police action - 60% of notifications received from SAPS/MPS- Finalize investigation of complaints of criminality – 50% of complaints received from SAPS/MPS- Finalize investigation of complaints of misconduct – 50%

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• Register and allocate complaints received, within 48 hours – target 100%• Complete applications for exemptions in terms of the DVA, within 30 days – target 100%• Audit at least 198 police stations per annum (22 per province)• Finalize 3 research projects • Conduct at least 240 (26 per province) community awareness programmes

PROGRAMME 3 : INFORMATION MANAGEMENT & RESEARCH

Objectives and measuresProvide for the receipt, registration and processing of complaints and, manage all information and knowledge needs. Conduct proactive research and embark on various proactive oversight activities, manage all communications and marketing activities

MEDIUM TERM EXPENDITURE COMMITTEE (MTEC) REQUEST FOR FUNDING OF THE FINANCIAL YEARS: 2009/2012

Three Policy Options / Funding Proposals were put forward

1 Gradual increase in funding to increase ICD’s accessibilityOpen up 16 more Satellite Offices – 64 postsMarketing of ICD services to the Community - Provincial staff - 18 postsUpgrade Call Centre and IT database – 5 posts

2 Immediate funding to ensure staff retention and career growth Restructuring to increase the Investigative unit – 36 posts Implement the results of the Job Evaluation process – lower level salary increases - 60 posts

3 Funding to implement the approved establishment - 535 postsFunded posts = 270

Additional posts required = 265 posts

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MEDIUM TERM EXPENDITURE COMMITTEE (MTEC) REQUEST FOR FUNDING OF THE FINANCIAL YEARS: 2009/2012

(CONT…)

Financial Implications

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Policy Options2009/10R`000

2010/11R`000

2011/12R`000

1. Increase ICD accessibility through 16 Satellite Offices (64 posts),

Improve marketing (18 posts) and communication (call centre - 5 posts)

21 000

5 657

40 750

6 052

67 200

6 475

2. Restructuring to increase Investigative unit (36 posts)

Implement Job evaluation results (60 posts)

10 300

19 999

11 021

21 398

11 792

22 895

3 Fill unfunded personnel structure (Approved 535 structure - 265 posts)

32 771 42 171 42 514

Total 89 727 121 392 150 876

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MEDIUM TERM EXPENDITURE COMMITTEE (MTEC)

REQUEST FOR FUNDING OF THE FINANCIAL YEARS: 2009/2012 (CONT…)

BUDGETARY CUT AND FUNDING RECEIVED

Baseline allocation

R `000

2009/10 2010/11 2011/12

ICD advised on 24 November 2008 of proposed allocation

118 018 130 770 143 487

ICD again advised on 15 January 2009 of the amended allocation

114 865 127 092 139 515

Final cut of ICD budget due to the economic crisis

3 153 3 678 3 972

Allocations per Programme for thefinancial years: 2008/9 and 2009/10

Programme 2008/9BudgetR`000

2009/10BudgetR`000

%budgetaryIncrease

Number of Posts

2008/9 2009/10

Programme 1: Administration 35 631 43 803 23 77 90

Programme 2: Investigation of Complaints

49 964 55 135 10 154 154

Programme 3: Complaints Registry, Information Management and Research

12 902 15 927 23 39 43

Total 98 497 114 865 17 270 287

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Allocations per Office for the financial years: 2008/9 and 2009/10

Office 2008/09BudgetR`000

2009/10Budget

R`000

Expenditure to 31/5/09

R`000

Number of Posts

2008/9 2009/10

Provinces: Eastern Cape (2) 5 865 7 429 1 552 20 20

Free State (2) 6 976 7 253 990 19 20

Gauteng 6 049 7 740 990 23 24

KwaZulu-Natal (2) 7 660 8 580 1 094 25 26

Limpopo (2) 7 510 7 083 984 21 21

Mpumalanga 3 778 5 396 784 15 16

Northern Cape (2) 6 510 5 767 888 18 19

North West (2) 7 234 7 547 904 20 21

Western Cape 5 786 6 578 892 20 21

Sub-total 57 368 63 373 9 078 181 188

National Office 41 129 51 492 6 296 89 99

Total 98 497 114 865 15 374 270 28715

CHALLENGES

• Vastness of Provinces: - Long distances to crime scenes- Inaccessibility of Offices

• Lack of funding to “restructure” P2 and P3• Unfunded personnel structure (535 posts) • Staff retention strategy ineffective due to limiting budget

and the flat structure which further negatively impact career growth• Increase in SAPS capacity• Legislative lacuna• Outdated electronic Database/ Case Management System• High staff turnover in Support Services (Programme 1)• Knowledge transfer to Provinces limited, due to capacity constraint (Programme 1) • Lack of segregation of duties (Programme 1)

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Thank you