INDEPENDENT COMPLAINTS DIRECTORATE Presentation to the Portfolio Committee on Safety and Security 16 March and 26 March 2007
Jan 05, 2016
INDEPENDENT COMPLAINTS DIRECTORATE
Presentation to the Portfolio Committee on Safety and Security
16 March and 26 March 2007
2
Introduction
Mr P Mongwe
3
ICD PRIORITIES FOR 2007/2008Programme 1: Administration
• Complete audit to utilized Programme 3 staff members who possess LLB qualification for Investigators – especially in terms of DVA and Class IV cases
• The establishment of a Debtor Section in Finance as from 1 April 2007
• To establish an Asset Management Unit in Supply Chain Management - for purposes of the segregation of duties – as and when funds become available
• With the limited capacity in SCM, maintain a satisfactorily Asset Register – in line with the prescripts
• To decentralize more financial duties as and when funds become available
• Maintain the use of the monthly Leave Registers in all the offices
4
Programme 2: Investigations
• Upgrading salaries of investigators• Establish two (2) satellite offices (Richards Bay and
Mthatha) • Implementation of the revised targets developed from
the business process project• Review all Standard Operating Procedures• Review Protocol with MPS re investigation of criminal
offences• Compilation of an investigation manual for newly
appointed investigators
5
Programme 3: Information Management system
• ICD Ten Year Celebrations ICD will be celebrating its ten years of existence on 01/04/2007
• Research Workshop On 28th April 2007 the ICD will host a workshop on the research findings - recently completed
Envisage to join SAPS in the implementation of a designed strategy geared towards decreasing deaths in police custody or as a result of police action
• DVA Conduct research especially in terms of the DVA to provide a basis for the implementation of lessons and, breaking the barrier of the “culture of silence” around domestic violence
6
PROGRAMME 1 : Administration
Mr E Valoyi
7
STAFF COMPLEMENT
OFFICE APPROVED POSTS 2006/2007 2007/2008
Vacancies as at 28 February 2007
National Office 80 83 2(P3)
Gauteng 22 23 3(P1)
Limpopo 16 17 1(P3)
Eastern Cape 16 20 0
Western Cape 20 20 0
Northern Cape 13 14 0
Mpumalanga 14 15 1(P3)
KZN 20 25 1(P3)
North West 16 16 0
Free State 14 15 0
TOTAL 231 248 8 (3.5%)
Growth: Additional 17 (7%) more positions for 2007\2008 financial year
8
STAFF COMPLEMENT (CONT…)
2006/2007 2007/2008(35%) 80 = H/O (33%) 83 = H/O(65%) 151 = Provinces (67%)165 = Provinces Total: 231 Total: 248
9
NEW POSTS AS FROM 1/04/2007
• National Office 3
• Provinces 14
Total 17
Breakdown of posts per Office
National Office 3
KZN 5
Gauteng 1
Eastern Cape 4
Limpopo 1
Mpumalanga 1
Free State 1
Northern Cape 1
Total 17
10
AUDITOR GENERAL’S CONCERNS: 2005/2006
• SCM Policy approved and implemented as from 1 April 2006• All staff members were trained in respect of the SCM procedures• Follow-up SCM training to be arranged in 2007• SCM framework being implemented in parts• Discrepancies in terms of leave mostly experienced by the Provinces• Quarterly meetings of the Administrative Forum used for training on
leave matters• Monthly reports used by Responsibility Managers for monitoring and
reporting on leave
11
AUDIT GENERAL’S CONCERNS: 2005/2006 (Cont…)
• HRM to perform annual inspections• Human Resource Plan was revised in line with the
Public Service Regulations
12
PRIORITIES : 2007/2008• Complete audit to utilized Programme 3 staff members who
possess LLB qualification for Investigators – especially in terms of DVA and Class IV cases
• The establishment of a Debtor Section in Finance as from 1 April 2007
• To establish an Asset Management Unit in Supply Chain Management - for purposes of the segregation of duties – as and when funds become available
• With the limited capacity in SCM, maintain a satisfactorily Asset Register – in line with the prescripts
• To decentralize more financial duties as and when funds become available
• Maintain the use of the monthly Leave Registers in all the offices
13
PROGRAMME 2 :Investigation of Complaints
Mr T Tshabalala
14
Strategic objectives
Indicator TargetFinalized internal investigations in respect of Class 1 (deaths) within 180 days
60% of notifications received from SAPS/MPS
Finalized internal ICD investigations of Class 3 (criminal offences) within 180 days
50% of complaints received from SAPS/MPS
Finalized internal ICD investigations of Class 4 (misconduct) within 90 days
60% of complaints
15
Performance – current financial year
Indicator Target Actual
Finalized internal investigations in Class 1 within 180 days
60% Target exceeded by 35.7%
Finalized internal ICD investigations of Class III within 180 days
50% Target exceeded by 2.3%
Finalized internal ICD investigations of Class IV within 90 days
60% Target not met -43.4%
16
Performance – finalised backlog
Province Class I Class II Class III Class IV Total %
Eastern Cape 111 5 109 167 392 7
Limpopo 339 22 503 502 1366 25
Mpumalanga 350 33 104 137 624 11
Gauteng 15 17 112 64 208 4
Northern Cape 43 32 246 274 595 11
Western Cape 76 25 157 581 839 15
North West 39 2 174 304 519 9
Free State 7 39 46 35 127 2
KZN 105 48 220 522 895 16
Total 1085 223 1671 2586 5565 100
17
Backlog as at end February 07
Province Class I Class II Class III Class IV Total %
Eastern Cape 25 2 25 36 88 2
Limpopo 89 0 120 64 273 6
Mpumalanga 132 28 233 365 758 16
Gauteng 240 77 605 633 1555 32
Northern Cape 4 0 22 27 53 1
Western Cape 0 26 0 0 26 1
North West 16 6 26 29 119 2
Free State 47 0 6 189 382 8
KZN 695 41 0 553 1591 33
Total 1248 180 41 1896 4845 100
18
Backlog of cases• Causes of backlog
– Workload versus capacity– Vision 2005 strategy to be fully investigative body
• Action plan to deal with backlog– Research by Proactive Oversight Unit (POU)– Business process re-engineering
• Different targets for different types of cases– Project based approach to finalize backlog– Bi-annual audits by National office
19
Performance – finalised current fin. year
Province Class I Class II Class III Class IV Total Percentage
Eastern Cape 47 2 45 29 123 14%
Limpopo 14 9 33 69 125 15%
Mpumalanga 10 0 13 34 57 7%
Gauteng 11 2 8 3 24 3%
Northern Cape 5 2 24 40 71 8%
Western Cape 58 0 67 12 137 16%
North West 24 9 44 157 234 27%
Free State 6 0 15 10 31 4%
KZN 38 0 12 9 59 7%
Total 213 24 261 363 861 100
20
Performance – total finalized
Province Class I Class II Class III Class IV Total Percentage
Eastern Cape 163 7 156 236 562 8
Limpopo 371 34 561 605 1571 23
Mpumalanga 364 36 123 182 705 10
Gauteng 28 19 125 77 249 4
Northern Cape 54 34 303 334 725 11
Western Cape 137 27 243 602 1009 15
North West 70 11 234 507 822 12
Free State 18 40 72 85 215 3
KZN 160 48 240 535 983 14
Total 1365 256 2057 3163 6841 100
21
Total closed cases per province
PROVINCE SUBT RESOLV UNSUB DISMISS UNFOUND WITHDRA TOTAL
Eastern Cape 81 1 141 35 10 17 285
Limpopo 108 517 44 12 5 15 701
Mpumalanga 56 440 56 21 21 7 601
Gauteng 75 127 171 48 44 19 484
Northern Cape 45 466 97 16 159 214 997
Western Cape 409 736 306 197 62 128 1838
North West 216 1369 211 21 38 7 1862
Free State 21 841 67 17 4 3 953
KZN 111 354 328 108 21 28 950
Total 1122 4851 1421 475 364 438 8671
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Outcomes of closed cases
SUBSTANTIATED
13%
DISMISSED
5%
WITHDRAWN
5%
RESOLVED
57%
UNSUBSTANTIATED
16%
UNFOUNDED
4%
23
Scene Attendance
29%
71%
Not Attended
Attended
24
Post Mortem Attendance
34%
66%
Not Attended /Not applicableAttended
25
Criminal Court and Disciplinary Hearing Attendance (in Days)
89%
11%
Criminal Court days
Disciplinary hearing days
26
Recommendations to DPP and SAPS
47%
53%
To DPP
To SAPS
27
Outcomes – convictions SAPS CAS & ICD CCN
Offence/ Misconduct
Findings/Outcomes
Chatsworth CAS 740/02/062006020503
Corruption / Extortion Guilty of corruption and fined R10 000 and 5years imprisonment, suspended for 5 years. Member dismissed
Douglasdale CAS 366/01/06200601399
Corruption / Extortion Guilty of corruption and fined R6 000 or 3 years imprisonment. Member dismissed
Germiston CAS 831/04/06
Corruption / Extortion Dismissed from EMPS. Criminal case pending in court
Umbilo CAS 632/0306 Corruption / Extortion 2x Inspectors dismissed from SAPS. Criminal case pending in court
28
Outcomes - convictions SAPS CAS & ICD CCN
Offence/ Misconduct
Findings/Outcomes
Eldorado Park CAS 157/10/04 2004100054
Murder Guilty of culpable homicide and sentenced to 5 years imprisonment
Orlando CAS 459/02/20032003030182
Murder Guilty of murder and sentenced to 15 years imprisonment
Johannesburg Central CAS 2043/08/02
2002090028
Murder Guilty of murder and sentenced to 15 years imprisonment and declared unfit to possess a firearm
Alexandra CAS 124/04/2006
2006040072
Murder Guilty of culpable homicide and sentenced to 5 years imprisonment
29
Outcomes – convictions SAPS CAS & ICD CCN
Offence/ Misconduct
Findings/Outcomes
Galeshewe CAS67/03/042004030061
Deafeating the ends of justice
Guilty and fined R200 or 25 days imprisonment
Roodepan CAS 104/07/05 2005070131
Defeating the ends of justice
Guilty and find R2000 or 6 months imprisonment suspended for 5 years
Modderriver CAS136/08/04 2004080631
Attempted murder Guilty and sentenced to 6 months imprisonment suspended for 5 years
Mount Frere CAS 35/01/042004010548
Defeating the ends of justice
Guilty and fined R500 or 3 months imprisonment
30
Outcomes – convictions SAPS CAS & ICD CCN
Offence/ Misconduct
Findings/Outcomes
Addo CAS158/12/02 2003010056
Murder Guilty of culpable homicide and R3000 or 12 months imprisonment
Mount Frere CAS80/12/03 2005050072
Assault GBH & torture
R2000 fine or 6 months imprisonment and half suspended for 5 years
Tsolo CAS 78/10/00 2000100282
Murder Guilty of culpable homicide and R5000 or 5 years imprisonment
Alice CAS 43/06/03
2003090418Assault GBH 12 months imprisonment
31
Outcomes – convictions SAPS CAS & ICD CCN
Offence/ Misconduct
Findings/Outcomes
King Williamstown CAS 438/10/012001100433
Attempted Murder Guilty and sentenced to 5 years imprisonment
Glen Grey CAS 12/06/032003070590
DVA: Failure to assist complainant
Guilty and fined R3000 or 6 months imprisonment
Elliot CAS 27/11/03 2003120119
Assault Guilty and fined R300
Tsolo CAS 68/05/03 2003060550
Assault GBH Guilty and sentenced to 6 months imprisonment
32
Outcomes – convictions SAPS CAS & ICD CCN
Offence/ Misconduct
Findings/Outcomes
Tongaat CAS 113/04/02 2005050413
Murder Guilty and sentenced to 15 years imprisonment
Vryheid CAS 284/01/06 2006060168
Perjury Guilty and sentenced to 3 years imprisonment suspended for 5 years
Durban Central CAS 927/01/042004010260
Murder & Assault GBH
Guilty and sentenced to 3 years and 2 years imprisonment for murder and assault GBH respectively
Tongaat CAS 220/04/2003 2003040325
Culpable homicide Guilty and fined R20 000 or 5 years imprisonment & 16 hours of community service
33
Outcomes – convictions
SAPS CAS & ICD CCN
Offence/ Misconduct
Findings/Outcomes
Madibogo CAS 81/12/03 2003120343
Murder Guilty and sentenced to years of imprisonment
Mmabatho CAS 379/09/042006050269
Reckless and negligent driving
Guilty and fined R200 or 6 months imprisonment and in addition R4000 or 2 years imprisonment suspended for 3 years
Namakgale 2005100468
Murder Guilty and sentenced to 5 years imprisonment
Seshego 2004030330 Murder Guilty and sentenced to 15 years imprisonment
34
Outcomes – convictions
SAPS CAS & ICD CCN
Offence/ Misconduct
Findings/Outcomes
Leslie CAS 76/06/05 2005060515
Murder Guilty and sentenced to 17 years imprisonment
Whiteriver CAS 301/11/04 2004110609
Attempted murder Guilty and sentenced to 12 months imprisonment or R5000 fine suspended for five years
Milnerton CAS 281/08/98
Murder Guilty and sentenced to 10 years imprisonment
Cape Town CAS 2170/06/98
Murder Guilty sentence pending
Parrow CAS 469/11/2001
Murder Guilty and fined R10 000 and 5 years imprisonment suspended for 5 years
35
Convictions and Acquittals
44%
56%
ConvictionsAcquittals
36
Anti-Corruption Command (ACC)In the 2006/7 financial year
– A staff compliment of 4 posts– Provide services in provinces
• Received 64 cases of corruption by SAPS/MPS– 31 substantiated– 33 closed as unsubstantiated/unfounded– 24 investigations continuing– 2 cases in court– 1 dept case re Station Commander and 1 member o/standing for
collusion in escape by prisoners– 2 await DPP decision & 1 DPP declined prosecution
• Project investigation on missing firearms from DMPS
37
High profile investigations• Some of the instances of abuse of power
– SAPS Warrenton: An Inspector is out on bail and faces a charge of rape of a suspect at the police station. DNA results outstanding
– SAPS Volksrust: A female suspect arrested for drunkenness; was incarcerated in a male holding cell where she was repeatedly raped by more than 4 inmates; 2 members are on suspension for the incident
38
Investigative training
Two training sessions were conductedSeptember 2006
• 29 investigators trained in basic investigations skills such as crime scene management, statement taking, report writing, etc
February 2007• 68 investigators attended training on
– Database– Financial investigations – presented by AFU– Role and prevention of money laundering and corruption
presented by Financial intelligence Centre
39
Challenges
• Our challenges remain unchanged– Long distances to be traveled for crime scenes
attendance and conducting investigations– Late notifications by SAPS re crime scenes– SAPS management reluctance to implement our
recommendation re disciplinary matters– Retention of skilled investigators especially in the
ACC
40
Priorities - 2007/8
• Upgrading salaries of investigators• Establish 2 satellite offices (Richards Bay and Mthatha) • Implementation of the revised targets developed from
the business process project• Review all Standard Operating Procedures• Review Protocol with MPS re investigation of criminal
offences• Compilation of an investigation manual for newly
appointed investigators
41
PROGRAMME 3:Information Management System
Ms N Sihlezana
42
OBJECTIVE
Information Management and Research is to maintain a current complaints register, allocate and follow – up on cases and oversee the implementation of DVA and analyze all information on the database, producing at least 3 reports (2 – research reports and 1 – workshop) annually 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
43
PERFORMANCE 2006/2007
1. COMPLAINTS CASE INTAKE:
- 80% of new cases are captured and processed within 48 hours- Improvement on feedback to clients; from 30 days to 7 days- Streamlined business process project which was conducted during August
to November 2006, resulting in an improved updating of the database; from 60% to 75%
- All line staff in the provinces (both investigators and case analysts) were trained on the complaints registry process, database management, registering cases on the database, and, the training is still continuing on an ad hoc basis and on an one-on-one basis.
44
2. COMMUNICATION AND MARKETING
• Prompt media responses – time taken to respond to media enquiries is within the 1 hour of receipt and we do meet that target.
• ICD Marketing Activities – The target of 12 activities per province exceeded in some provinces. For example Limpopo organized 26 awareness campaigns and North West conducted 24.
The events involved members of the communities and they were addressing
stakeholders on the mandate and the role of the ICD in terms of DVA.
• Partnerships – Considering partnerships with Business Against crime and other stakeholders. Forging relationships with Gender based organizations and also looking at the National Action Plan to end Violence – especially their strategic objectives and priority action for criminal justice system
3. PRODUCTION OF A RESEARCH WORKSHOP • Target met- the said workshop will be conducted on the 28/03/07.
45
4. PROACTIVE OVERSIGHT 2006/ 2007
4.1 ResearchProduction of qualitative reports containing recommendations – target metTwo research reports have been conducted.
The first research report was done byICD. The topic of the research report: Investigation of deaths as a result of police actionin KwaZulu-Natal, Gauteng and the Eastern Cape
Rationale of the research – although the last few years have witnessed asignificant decline in deaths as a result of police action and deaths in police custody thenumber of such deaths remained relatively high in the 3 provinces
Findings – will be discussed in the workshop on 28th March 2007
The second research report is done by ICD in collaboration with the ISS. We are stillBusy with the research which should be completed by April 2007. The topic of theResearch: Compliance with ICD recommendation by the SAPS
46
4.2 Station audits
Various ICD provincial offices conducted stationaudit to determine the level of compliance with DVA – target has been met and in some provincesexceeded. For example: KZN conducted 71 and Northern Cape 55.
Eastern Cape – 27North West - 23
Workshops – 12 Workshops were conducted.
47
5. MONITORING THE IMPLEMENTATION OF THE DVA
During this calendar year the ICD received 46 cases of non-compliance during the first semester and 58 cases during the second semester A total number of such cases of non-compliance were recorded across all provinces, a minimal number of applications for exemption, after internal prosecution, was received
Both reports have been produced and the report with regard to the second semester will soon be tabled
48
INFORMATION TECHNOLOGY
6. IMPROVED FEEDBACK TO COMPLAINANTS:• (In the process to link “SMS’s” with the Case Management System.
Complainants will be contacted through cell phone “sms’s” with regard to the progress on their cases rather than phoning them or calling them to the office)
• Remote electronic connection for Investigators and staff (Sought to empower investigators by taking statements and printing
it in the field)• Intranet – We have finalized the intranet and it will go live in April
2007. This tool will enhance communication between the National Office and the Provincial offices and vice versa
49
OVERVIEW – CASES REGISTERED 2006/2007
50
Table 1: Deaths, Criminal offences, Misconduct and DVA cases intake
Province Class I Class II Class III Class IV Total
Eastern Cape 78 11 83 175 347
Free State 57 30 148 186 421
Gauteng 164 20 408 531 1123
Kwazulu-Natal 155 10 171 234 570
Limpopo 57 16 119 211 403
Mpumalanga 35 7 98 203 343
North West 51 10 119 366 546
Northern Cape 13 16 147 247 423
Western Cape 77 33 321 343 774
Grand Total 687 153 1614 2496 4950
51
Table 2: Deaths, Criminal offences, Misconduct and DVA provincial share
Province 2006/7 Provincial share
Eastern Cape 347 7%
Free State 421 9%
Gauteng 1123 23%
Kwazulu-Natal 570 12%
Limpopo 403 8%
Mpumalanga 343 7%
North West 546 11%
Northern Cape 423 9%
Western Cape 774 16%
Grand Total 4950 100%
52
Table 3: Deaths, Criminal offences, Misconduct and DVA yearly change
Province 2005/6 2006/7 Yearly change
Eastern Cape 330 347 5%
Free State 502 421 -19%
Gauteng 954 1123 15%
Kwazulu-Natal 593 570 -4%
Limpopo 353 403 12%
Mpumalanga 349 343 -2%
North West 471 546 14%
Northern Cape 409 423 3%
Western Cape 1056 774 -36%
Grand Total 5017 4950 -1%
53
Table 4: Case Intake by Classification
Class 2006/7 Class Share
Death 687 14%
DVA 153 3%
Criminal 1614 33%
Misconduct 2496 50%
Grand Total 4950 100%
54
Table 5: Case Type yearly change
Class 2005/6 2006/7 Change
Death 601 687 13%
DVA 33 153 78%
Criminal 1600 1614 1%
Misconduct 2783 2496 -11%
Grand Total 5017 4950 -1%
55
Table 6: Deaths yearly change
Province 2005/6 2006/7Yearly Change
Eastern Cape 90 78 -15%
Free State 50 57 12%
Gauteng 128 164 22%
Kwazulu-Natal 135 155 13%
Limpopo 40 57 30%
Mpumalanga 44 35 -26%
North West 41 51 20%
Northern Cape 18 13 -38%
Western Cape 55 77 29%
Grand Total 601 687 13%
56
Table 7: Criminal offences
Province 2006/7 Provincial share
Eastern Cape 83 5%
Free State 148 9%
Gauteng 408 25%
Kwazulu-Natal 171 11%
Limpopo 119 7%
Mpumalanga 98 6%
North West 119 7%
Northern Cape 147 9%
Western Cape 321 20%
Grand Total 1614 100%
57
Table 8: Criminal offences yearly change
Province 2005/6 2006/7Yearly change
Eastern Cape 92 83 -11%
Free State 218 148 -47%
Gauteng 321 408 21%
Kwazulu-Natal 169 171 1%
Limpopo 109 119 8%
Mpumalanga 102 98 -4%
North West 132 119 -11%
Northern Cape 139 147 5%
Western Cape 318 321 1%
Grand Total 1600 1614 1%
58
Table 9: Misconduct
Province 2006/7 Percentage share
Eastern Cape 175 7%
Free State 186 7%
Gauteng 531 21%
Kwazulu-Natal 234 9%
Limpopo 211 8%
Mpumalanga 203 8%
North West 366 15%
Northern Cape 247 10%
Western Cape 343 14%
Grand Total 2496 100%
59
Table 10: Misconduct yearly change
Province 2005/6 2006/7Yearly change
Eastern Cape 148 175 15%
Free State 226 186 -22%
Gauteng 505 531 5%
Kwazulu-Natal 289 234 -24%
Limpopo 203 211 4%
Mpumalanga 203 203 0%
North West 281 366 23%
Northern Cape 251 247 -2%
Western Cape 677 343 -97%
Grand Total 2783 2496 -11%
60
Death in police custody 2005/6 2006/7 Change
Injuries sustained in custody 28 39 28%
Injuries sustained prior to detention 69 54 -28%
Natural causes 114 108 -6%
Suicide 74 47 -57%
Total 285 248 -15%
Death as a result of police action 2005/6 2006/7
A suspect shot during the course of a crime 84 102 18%
A suspect shot during the course of an escape 25 36 31%
A suspect shot during the course of an investigation 8 18 56%
A suspect shot during the course of arrest 114 133 14%
An innocent bystander shot by police 9 3 -200%
Assault by Police 13 6 -117%
Negligence 26 84 69%
Other intentional shooting 6 46 87%
Vehicle accident involving police 30 10 -200%
Total 315 439 28%
61
PRIORITIES 2007/2008• ICD Ten Year Celebrations
ICD will be celebrating its ten years of existence on 01/04/2007• Research Workshop
On 28th April 2007 the ICD will host a workshop on the research findings - recently completed
Envisage to join SAPS in the implementation of a designed strategy geared towards decreasing deaths in police custody or as a result of police action
• DVA
Conduct research especially in terms of the DVA to provide a basis for the implementation of lessons and, breaking the barrier of the “culture of silence” around domestic violence
62
• Implementation of Portfolio Committee’s recommendations on DVA, cell inspections and station audits
• Cell Inspections and Station Audits Deployment of Monitors to facilitate cell inspections and
stations audits, and tasking some Investigators to investigate DVA cases
• Forging relationships with NGO’s that deal with Domestic Violence
• Increased Communication - SAPS/MPS Strengthen the existing relationship with SAPS
Improve coordination of station audits and MPS through effective communication
63
CHALLENGES -DVA• Inaccessibility of ICD to the public especially in rural
communities.• Increase in police officers who are perpetrators of
domestic violence.• Due to inaccessibility ICD is getting fraction of DVA
complaints, • Shortage of staff to do DVA station audits and cell
inspections of 1107 stations nationally, presently there are 9 monitors ( 1 monitor per province)
64
CHALLENGES -DVA• Inaccessibility of ICD to the public especially in rural
communities.• Increase in police officers who are perpetrators of
domestic violence.• Due to inaccessibility ICD is getting fraction of DVA
complaints, • Shortage of staff to do DVA station audits and cell
inspections of 1107 stations nationally, presently there are 9 monitors ( 1 monitor per province)
65
• No toll –free number for ICD• No call center (National) where people can call and
get assistance without actually travelling distance to lodge a complaint e.g. a person who is at Umzimkulu must travel ±2-3 hours to Durban office to report a case. He/she must spend R150 for transport. A person from Enkandla travels ± 3 – 3½hrs to Durban to report a case. It will cost that person R200 and there is no reimbursement from ICD. Therefore services of ICD are very expensive to afford.
• Applications for exemption not coming forth from the police and ICD cannot ensure that recommendations to SAPS are implemented.
66
• Ensure access to and sharing of knowledge resources amongst ICD staff
• Production of quality research recommendations which are “cutting edge” and innovative
• Establish a knowledge management system in order to facilitate the accessing and sharing of knowledge resources
• Revamping ICD Internet - so that we can use it as a platform for marketing ICD nationally
67
Financial Statements
Ms E Verster
68
Financial year 2006/7Budget and Expenditure per Programme
to 31 December 2006Programme Budget
R ‘000
Expenditure (and commitments)
R ‘000
% of total expenditure
& commitment
Number of posts
1 Administration
ED office; 4 X CD; cent. Support Services
22 777 16 007 (1 559) 35% 63
2 Investigations
9 X P/Heads & DPHs; Legal S; DD:I in N/O; ACC 4 and 67 Investigators
29 058 20 689 (1 602) 44% 101
3 Compl. Reg. Mon. & Research
N/O: IT; Com.; Lib; Res; Stat.Provinces: Comp. Registry & Mon.
14 071 8 789 (1 998) 21% 67
TOTAL 65 906 45 485 (5 159)
(76,8%) 231
69
Expenditure per Economic ClassificationComparison between 2005/6 and 2006/7
Economic Classification Expenditure for 2005/6
R `000
Budget for 2006/7
R `000
Expenditure for 2006/7 (31/12/06)
R `000 %
Current payment: - Compensation
- Goods & services, Others
30 235
15 257
39 559
24 411
27 422 69% (U/spending = 6% or R2.4Million)
20 522 84%
Transfers: - Provincial & Municipal - Dept agencies
9135
2540
25 100% (Paid in full - Jan `07)
Capital assets: - Building & fixed assets - Equipment: C/Hardware & Printer; Office Furniture &equipment; Cameras & projectors; Security equipment; Gazebo & flags - Software: Comp & comp security Licenses
5752 618
425
- 1 729
142
-2 000 (O/ spending R 300 000)
674 (O/ spending of R 500 000)
TOTAL 49 236 65 906 50 643 76%
70
Expenditure per Economic ClassificationComparison between 2005/6 and 2006/7 (cont…)
• The PFMA under Section 43 (1) allows an Accounting Officer to utilize a saving in the amount appropriated under a main division within a vote, to defray excess expenditure under another main division within the same vote - the said amount (or saving) may not exceed 8% of the appropriated amount under a main division.
• In line with the above Section of the PFMA, Treasury Regulation 6.3.1( c) allows Departments to utilize the allocations earmarked by the relevant treasury for the Compensation of Employees to be utilized for other purposes.
• Treasury Regulation 15.10.1.2 requires sound cash management which includes that prepayment for goods and services – in advance - are to be avoided unless required by contractual arrangement.
• Treasury Regulation 8.2 prescribes that unless determined otherwise in a contract or agreement, all payments due to creditors must be settled within 30 days from receipt of an invoice, or in the case of a civil claim, from the date of settlement or court judgment.
71
Expenditure on Goods and ServicesComparison between 2005/6 and 2006/7
2005/6
R ‘000
2006/7(31/12/06)
R ‘000
Advertising (Recruitment; tenders; marketing 692 414
Consultants, Contractors & S/Services (Audit Comm.; Security; Medical Vaccinations – Hepatitis; ICAS Emp. Wellness
1 459 1 094
Printing & publications (A/report; DVA report; ICD Brochures 36 82
Resettlement cost 190 238
Leasehold property (Devolution from DPW 392 3 518
Travel & subsistence (Accomm.; D/Allow.; Food/Beverages; Incidental exp.; Car rental; Own Traveling; Air & SMS; Foreign daily allow
4 128 5 024
Venues & facilities (Lekgotla; W/shop; Launches: Integrity and
VCT 174 111
Bursaries 128 32
Gov.Motor Transport (Purchase price; m/levy; R1 p km. 1 637 2 386
72
Expenditure on Goods and ServicesComparison between 2005/6 and 2006/7 (cont…)
Attendance fees (W/shops & Training 595 458
Bank charges 16 19
Communication (Tel; Cell; TV Licenses; Postal; P/Bag 1 479 1 129
Computer Services (Data; SITA internet, Mainframe & Service; Develop Intranet
1 457 1 290
Courier and delivery services 55 41
Drivers licenses (50/50 bursary scheme 1 2
Entertainment/Catering (Imbizo’s; Interviews, SMC Meetings; Teambuilding;
167 222
External audit fees (Compliance; Performance; Standard annual audit 752 578
Equipment less than R 5 000 (Air Condit.; Films/Tapes/CD’s; Security; Dom and Office furniture & Equipment
384 163
Inventory 662 765
Legal fees (KZN & NC – State Attorney & Private Attorneys 260 501
73
Expenditure on Goods and ServicesComparison between 2005/6 and 2006/7 (cont…)
Maintenance, repair and running cost (Office building; partitioning 154 132
Operating Leases (PABX telephone systems & Photocopiers 400 248
Photographic services (Development of Photos/tapes 1 1
Plants, flowers and other decorations 4 6
Professional bodies and membership fees 6 4
Subscriptions 13 6
Translations and transcripts 1 -
Leasehold expenditure (Cleaning and Fumigation - 366
Witness and related fees (Entrapment money - 6
Commitments (Leaseholds such as Security contracts longer than 1 year
Total 15 243
1 68620 522
74
Expenditure: Transport, Travel and Subsistence per OfficeComparison between 2005/6 and 2006/7
Office(Accom.; D/Allow.; Incidental; Car rental; Own &
SMS; Air; Foreign d/allow. + GG)
(Total Staff structure - Investigators)
2005/6
R `000
2006/7(31/12/06)
R`000
National Office 80 – 2+4 1 195 2 230
Eastern Cape 16 – 6 438 607Free State 14 – 6 265 653
Gauteng 22 – 11 176 367
KwaZulu-Natal 20 – 11 393 666Limpopo 16 – 7 329 655
Mpumalanga 14 – 6 275 347Northern Cape 13 – 5 279 624
North West 16 – 6 382 499Western Cape 20 - 9 396 765
75
Expenditure: Travel and Subsistence without G/Motor Transport, for 2006/7, per Office and per Programme (cont…)
Office(Accom.; D/Allow.; Incidental; Car rental; Own & SMS; Air;
Foreign d/allow.)
P 1
R `000
P 2
R `000
P 3
R `000
Total
R `000
Eastern Cape 16 – 6 36 400 41 477
Free State 14 – 6 19 398 66 483
Gauteng 22 – 11 1 129 - 130
KZN 20 – 11 18 318 21 357
Limpopo 16 – 7 18 454 60 532
Mpumalanga 14 – 6 15 181 20 216
Northern Cape 13 – 5 36 358 94 488
North West 16 – 6 29 275 34 338
Western Cape 20 - 9 32 420 31 483
76
Expenditure: Travel and Subsistence without G/Motor Transport, for 2006/7, per Office and per Programme (cont…)
Office P 1
R `000
P 2
R `000
P 3
R `000
Total
R `000
Total: Prov
151 - 67204 2 933 367 3 504
(70%)
Office of ED 3 99 - - 99 (2%)
4 X CD 8 420 - - 420 (8%)
ACC - 4 - 285 - 285 (6%)
Other Directorates 65
237 109 370 716 (14%)
Total: N O
80 – 2+4756 394 370 1 520
(30%)
Grand total
231 - 73 960
(19%)
3 327
(66%)737
(15%)5 024
77
Expenditure: Government Motor Transport for 2006/7, per Office and per Programme (cont…)
Office(GG only)
P 1
R `000
P 2
R `000
P 3
R `000
Total
R `000
Eastern Cape 16 – 6 19 162 37 218
Free State 14 – 6 20 179 65 264
Gauteng 22 – 11 14 186 47 247
KZN 20 – 11 20 229 34 283
Limpopo 16 – 7 32 135 59 226
Mpumalanga 14 – 6 14 73 47 134
Northern Cape 13 – 5 11 145 50 206
North West 16 – 6 22 94 38 154
Western Cape 20 - 9 4 159 6 169
78
Expenditure: Government Motor Transport for 2006/7, per Office and per Programme (cont…)
Office P 1
R `000
P 2
R `000
P 3
R `000
Total
R `000
Total: Prov
151 - 67156 1 362 383 1 901
(80%)
Office of ED 3 17 - - 17 (,5%)
4 X CD 8 15 - - 15
ACC - 4 - 71 - 71 (3%)
Other Directorates 65
221 23 138 382 (16%)
Total: NO
80 – 2+4253 94 138 485
Grand Total
231 - 73409
(17%)1 456
(61%)521
(22%)2 386
79
Qualified Report from the Auditor-General
- Much progress has been made to date- Interim AG Report confirms improvement
1 Clearing of Suspense Accounts• Attention is now given to clear the last of the outstanding R1,2 million of the Disallowance Miscellaneous Account, viz R 326 000, before the close
of the current financial year
80
Qualified Report from the Auditor-General (cont…)
• Reason for creating a suspense account, the Disallowance Miscellaneous Account:
- The suspense account was used to transfer outstanding balances from the various accounts on the previously used FMS system (numerical) to the new BAS system (alphabetical), in order to timely close all the different accounts in the old system as from 1 October 2002.
- During the next year ICD staff was expected to clear these balances and re-allocate the various amounts to the relevant accounts in the new system.
- Due to the limited hands and skills, this re-allocation process did not commence.
- Up to 1 April 2006 the outstanding balance on this account increased to R 1,2 million.
81
Qualified Report from the Auditor-General (cont…)
• Treasury Regulation 17.1.2: - The Regulation allows for the use of a clearing or suspense account when the
classification of a transaction cannot be resolved. In such a case, monthly reconciliations are to be performed in respect of such suspense account and, a report is to be submitted to the HOD.
• Progress made to clear the outstanding balance of R 1,2 million: - During the current financial year much effort has been put in to clear the outstanding
balance and currently the outstanding amount of R 326 000 in the said account is being investigated.
- All effort is made to clear the account in totality before the close of the financial year: 2006/7.
82
Qualified Report from the Auditor-General (cont…)
2 Staff debtors• 25 debtors were raised during October 2005 due to the clearing of the Conversion Accounts. A few more debts were
registered since 2006 • Ten debtors have been traced through the Government
Pension Fund and letters were sent for collecting the debts• One submission for the writing-off of a debt has been put to the
Programme Manager: Investigations, for his recommendation• Four other debts have been written-off earlier in the financial year and another nine is in the process of being written off • Ten debtors still need to be traced
83
Qualified Report from the Auditor-General (cont…)
LIST OF DEBTORSDebtor Name Debt Type Capital
Debt
R
Date Balance
R
Comments
Dlamini PP Salary 2402.75 1/10/02 1 932.61 Pension insufficient, untraceable, to write off
Galeboe DK Tax 639.91 20/10/05 639.91 Responded positive to reimbursement
Gaseranye MP Tax 314.944 20/10/05 314.94 Untraceable, to write off
Kekana MP Salary 2 377.37 13/10/05 2 377.37 Await pension payout
Kissoonduth K Tax 845.90 20/10/05 845.90 No response, Departmental claim to be instituted
Legoase M Tax 111.88 20/10/02 111.88 No response, Departmental claim to be instituted
Mabona S Bursary 6 000.00 29/03/06 0 Paid in full
Manyaka ML Tax 548.75 20/10/05 548.75 Untraceable, to write off
Maphoto NW Tax 309.19 20/10/05 309.19 Untraceable, to write off
84
Qualified Report from the Auditor-General (cont…)
LIST OF DEBTORS
Mbangeni VL Tax 187.41 20/10/05 187.41 Untraceable, to write off
Meyer SJ Salary 1 200.00 20/10/05 1 200.00 Positive response for reimbursement
Mkhize DZ Tax 152.56 20/10/05 152.56 Positive response for reimbursement
Mokgojoa M Tax 1 468.58 20/10/05 1 468.58 No response, Departmental claim to be instituted
Monyepao MP Salary 14 075.27 13/10/05 14 075.27 Await pension payout
Nemavhidi A Tax 212.32 20/10/05 212.32 Letter sent for collection of debt
Njovu-Kgamanyane KI
Salary 5 774.93 13/10/05 5 774.93 Requested her husband to provide personal details
Nonyane NM Bursary 6 000.00 20/10/05 - Fully paid
Ntebe NY Tax 505.15 20/10/05 505.14 Untraceable, to write off
Seisa S Tax 2 541.19 20/10/05 2 541.19 Letter sent for collection of debt
85
Qualified Report from the Auditor-General (cont…)
LIST OF DEBTORS
Shai JK Tax 981.04 20/10/05 981.04 Letter sent for reimbursement
Sibisi MZ Salary 54 565,21 13/10/05 54 565,21 Letter sent for reimbursement
Sphengane NAM
Tax 304.23 20/10/05 304.23 Letter sent for reimbursement
Subroyan R Tax 630.51 20/10/05 630.51 Untraceable, to write off
Moeng MR Salary 10 040.64 13/10/05 10 040.64 Await pension payout
Ngwane J Salary 8 024.47 20/10/05 8 024.47 Untraceable, to write off
Ngwane J Tax 226.40 20/10/05 226.40 Untraceable, to write off
Total R 107 970.45
86
Qualified Report from the Auditor-General (cont…)
Current year (new) Debtors
Mabe VE Accomm. 717.00 Persal deduction, balance R 717.00
Kgamanyane KI Bursary 4 910.00 Persal deduction, balance R 4 488.03
Mabele M Bursary 3 350.00 Persal deduction, balance R 2 412.57
Maredi EK Bursary 2 220.00 Persal deduction, balance R 470.00
Mathibedi T Bursary 3 370.00 Persal deduction, balance R 1 955.92
Motaung NP Bursary 5 100.00 Persal deduction, balance R 4 916.58
Mogovheli M Bursary 4 840.00 Persal deduction, balance R 3 699.93
Naidoo M Salary 7 828.00 Pension insufficient and debt of R 3 691.03 to be collected
87
Qualified Report from the Auditor-General (cont…)
Current year (new) Debtors
Matlou TR Tax 1 905.68 Fully paid up
Phiri D Tax 726.09 Persal deduction, balance R 726.09
Vana L Tax 832.68 Persal deduction, balance R 832.68
Vana L Telephone 877.64 Persal deduction, balance R 877.64
Total 36 677.09 Current Balance: R 24 787.47
88
Financial year 2006/7Budget and Actual Expenditure per Programme
to 19 March 2007 (Preliminary)Programme Budget
R ‘000
Actual Expenditure
R ‘000
% of total expenditure
Number of posts
1 Administration
ED office; 4 X CD; cent. Support Services
22 777 23 298 35 63
2 Investigations
9 X P/Heads & DPHs; Legal S; DD:I in N/O; ACC 4 and 67 Investigators
29 058 26 878 41 101
3 Compl. Reg. Mon. & Research
N/O: IT; Com.; Lib; Res; Stat.Provinces: Comp. Registry & Mon.
14 071 11 309 17 67
TOTAL 65 906 61 485
93 231
89
Budgetary allocationComparing growth in budget from 2005/6 to 2007/8
Programme 2005/6
ExpenditureR `000
2006/7
BudgetR `000
2007/8
BudgetR `000
1 Administration 21 743 22 777
(5%)
29 499
(36%)
2 Investigations 21 283 29 058
(36%)
35 663
(67%)
3 Compl. Reg. Mon & Research
11 480 14 071
(22%)
15 729
(37%)
Total 54 506 65 906
(21%)
80 891
(48%)
90
Proposed allocations for the Financial year: 2007/8
Office
/ Staff numbers
Programme 1
R `000
Programme 2
R `000
Programme 3
R `000
Total
allocation
R `000
Prov: Eastern Cape / 16 477 3 056 785 4 318
Free State / 14+1 369 2 809 784 3 962
Gauteng / 22+1 437 4 262 1 155 5 854
KwaZulu-Natal / 20+1 593 4 582 836 6 011
Limpopo / 16+1 395 3 215 790 4 400
Mpumalanga / 14+1 359 2 828 742 3 929
Northern Cape / 13+1 374 2 560 763 3 697
North West / 16 437 2 922 813 4 172
Western Cape / 20 612 4 100 945 5 657
91
Proposed allocations for the Financial year: 2007/8 (cont…)S O:
Richards Bay / 4358 1 231 472 2 061
Mthatha / 4 358 1 231 472 2 061
Total:
Prov. / 151+144 769
(6%)32 796 8 557 46 122
(57%)
N O:
Office of ED / 3 2 033 (2.5%) - - 2 033
4 X CD / 8 3 508 (4.3%) - - 3 508
ACC / 4
Other Directorates / 65+3
-
19 189 (23%)
1 469
1 398
-
7 172
1 469
27 759
Total: N O
/ 80+324 730
(Prop Man 6 190=8%)
2 867 7 172
(9%)
34 769
(43%)
Grand total
/ 231+17 = 248
29 499
(36%)35 663
(44%)
15 729
(20%)80 891
92
Proposed allocations for the Financial year: 2007/8 (cont…)TWO (2) SATELLITE OFFICES
Standard Items P1
R `000
P 2
R `000
P 3
R `000
Total
R `000
Compensation
Salary;Benefits;Danger& S/by Allow.
931 X Adm. Clerk
5111X PI & 1 X SI
SI - 240; PI - 271
1041X Case Analyst
708 (34%)4 Staff members
Goods & Services
Photocopy; Phones; D/lines; S&T;Resettlemt; Advertise.
72 254 143 469
(22%)
Buildings
4X12+12+12XR80SqMX12months+1/2parkings
80 - - 80
(4%)
Mach & Equip.
4X Furn.; 2XCars;Router& Cabling; 4XComp&Print; etc.
112 464 224 800
(39%)
Software 1 2 1 4
93
Financial year: 2007/8 Budget: Satellite offices
Requested R 28 million - to open 12 satellite officesReceived R 3,9 million - could open at least one s/office
Reviewed the proposed staff structure: Reduced 7 members to 4 members
Results: Less expenditure in terms of:• Compensation of Employees• Accommodation• Furniture/equipment and vehicles• S & T and other expenditure on goods and services• Opening 2 satellite offices
94
Thank you
Questions ?
95
ABBREVIATIONS
AFU – Asset Forfeiture unit Comm – Committee
ACC – Anti Corruption Command Cent - Centralized
Air Condit – Air conditioner Comp – Computer
Accom - Accommodation C/Hardware – Computer Hardware
AG – Auditor General Comp security – Computer Security
BAS – Basic Accounting System DVA – Domestic Violence Act
CAS - Criminal Administration System
DPP – Directorate of Public Prosecution
CCN – Case Control Number DMPS – Durban Metro Police Service
Com – Communication D PH – Deputy Provincial Head
Cell – Cellular phone DD:I – Deputy Director: Investigations
96
ABBREVIATIONSDom – Domestic G/motor – Government Motor
DPW – Department of Public Works H/O – Head Office
D/allow – Daily Allowance H O – Head Office
Dev – Develop HRM – Human Resource Management
D / lines – Data lines IT – Information Technology
ED – Executive Director Legal S – Legal Service
Emp – Employee Lib – Library
Exp – Expenditure MPS – Municipal Police Service
Fin – Financial M/levy – Monthly levy
FMS – Financial Management System Mon – Monitor
GG – Government Garage N O – National Office
97
ABBREVIATIONS
NGO – Non-Governmental Organization SCM – Supply Chain Management
O/spending – Over spending Stat - Statistician
P Heads – Provincial Heads S & T – Subsistence and Travel (allowance)
PFMA – Public Finance Management Act S O – Satellite Office
p Km – per Kilometer Tel – Telephone
P/Bag – Private Bag U/spending – Under spending
Res – Research VCT – Voluntary Counseling & Testing
SITA – State Information Technology Agency
W/shop – Workshop
S/by allow – Standby allowance
SMS – Senior Management Service