INDEPENDENT COMPLAINTS DIRECTORATE

1
INDEPENDENT COMPLAINTS DIRECTORATE

• Presentation to the Portfolio Committee on Safety
  and Security
• 26 October 2005

2
Introduction

• Mr Leslie Xinwa
• Executive Director

3
Successes

• - Ninth Annual Report of the ICD
• - 9 decrease in deaths in police custody and as
  a result of police action
• - 8 decrease in complaints of police misconduct
• - 2 decrease in the intake of complaints falling
  within the mandate of the ICD
• - Success of the Steering Committee for the
  establishment of an African Policing Civilian
  Oversight Forum
• - 6th Unqualified Audit Report
• - Capacitating staff members in terms of
  behavioural skills
• - Co operation from SAPS Management

4
Challenges

• Lack of resources shows in the rate at which
  cases are finalized
• The ICD could not meet its targets
• Death cases 63
• Criminal cases/offences 41
• Misconduct cases 44
• Shortage of operational staff in the
  provinces
• Lack of satellite offices is reducing
  accessibility and reaction time
• Budgetary constraints negatively influence
  community outreach programmes
• Awaiting the outcome of the investigation
  by the Office of the Auditor General in terms of
  the travel expenditure
• Similarly, the outcome of an independent
  investigation into the ICDs investigative
  capacity in terms of caseload, salary structure
  and qualifications

5
Programme Investigation of Complaints

• Mr T Tshabalala

6
Objectives

• The primary objective is the investigation of
  complaints of death in custody and as a result of
  police action (SAPS and MPS)
• Investigation of allegations of criminality or
  criminal offences and
• Investigation of allegations of misconduct
• Performance review
• Financial Year 2004/5
• 652 notifications of deaths were received and all
  investigated target not reached
• - 1731 criminal offences received and
  investigated target not reached
• - 3407 misconduct cases received - target of
  80 investigated not achieved (3rd phase of
  Vision 2005)

7
Performance review cont

• Partnership Centre for Business and Professional
  Ethics
• Climate study to assess ICDs strengths and
  weaknesses through surveys of ICD employees and
  key stakeholders
• 101 ICD employees
• Most felt overburdened
• Staff numbers insufficient
• Unfairness due to insufficient resources
• Staff shortages threaten employee loyalty
• External stakeholders (SAPS, Secretariats, MECs,
  DPPs, NGOs)
• ICDs mandate considered more reactive than
  proactive
• Insufficient resources to fulfill mandate
• SAPS Huge workload pushes ICD employees away
• Important to address ICDs budget
• The Anti Corruption Command was established

8
2004/5 Finalized Cases per Case Type 2004/5 Finalized Cases per Case Type 2004/5 Finalized Cases per Case Type 2004/5 Finalized Cases per Case Type
TYPE Received 2004/5 Finalised 2004/5 Finalisation Rate
Death 314 198 63
Criminal 812 332 41
Misconduct 2,508 1,103 44
9
2004/5 Finalized and Substantiated Cases per Type 2004/5 Finalized and Substantiated Cases per Type 2004/5 Finalized and Substantiated Cases per Type 2004/5 Finalized and Substantiated Cases per Type
TYPE Finalised 2004/5 Substantiated 2004/5 Subs Rate
Death 198 29 15
Criminal 332 66 20
Misconduct 1,103 443 40
TOTAL 1,633 538 33
10
Investigation of high profile cases

• Harrismith
• ICD conducted investigation into the fatal
  shooting of a marcher by SAPS members
• Made recommendations to the DPP to prosecute the
  three implicated police officers for
• Murder and Assault with intention to cause
  grievous bodily harm (16 counts)
• The DPP accepted the recommendations to prosecute
  the three police officers
• The matter is set down for tril 6 -17 February
  2006
• Smithfield
• At this stage the DPP decided to charge only the
  police official linked with the DNA for rape
• Disciplinary case is still pending

11
Outcome (Convictions)
Station Charge Outcome
Hout Bay Murder Convicted for Culpable Homicide - 6 years imprisonment suspended for 5 years, declared unfit to possess firearm
Kriel Murder Convicted for Murder- 8 years imprisonment, 5 years suspended for 3 years
Tseseng Murder Convicted for Murder- 15 years imprisonment
Vosloorus Murder Convicted for Murder- 15 years imprisonment, suspended for 4 years
Kei Road Murder Convicted for Murder- 15 years imprisonment
12
Outcome (convictions)
Station Charge Outcome
Motherwell Murder Convicted for Murder - 5 years imprisonment suspended for 5 years
Maake Murder Convicted for Culpable Homicide- 8 years Correctional supervision
Thohoyandou Murder Convicted for Murder- 10 years imprisonment, wholly suspended
Batlharos Murder Convicted for Murder- 25 years imprisonment
13
Outcome (convictions)
Station Charge Outcome
Madadeni Culpable Homicide Convicted for Culpable Homicide - 8 years imprisonment
Madadeni Culpable Homicide Convicted for Culpable Homicide - 6 years correctional supervision
Wentworth Culpable Homicide Convicted for Culpable Homicide - 9 months imprisonment or R15000,00 fine
Mabopane Culpable Homicide Convicted for Culpable Homicide - 5 years imprisonment, wholly suspended for 5 years
14
Outcome (convictions)
Station Charge Outcome
Rustenburg Culpable Homicide Convicted for Culpable homicide- 4 years imprisonment or R20 000,00 fine
Carolina Attempted Murder Convicted for attempted Murder- 12 months imprisonment or R4000,00 fine, 9 months or R2500,00 suspended for 5 years
Ga-Rankua Attempted Murder Convicted for attempted Murder- 4 years imprisonment, 2 suspended for 5 years
Ga-Rankua Assault GBH Convicted for Assault GBH- Fined R100,00
15
Outcome (convictions)
Station Charge Outcome
Mabopane Assault Convicted for Assault- Fined R500,00 suspended for 12 months
Hope Town Assault Convicted for Assault- Fined R400,00
Carolina Intimidation Convicted for Intimidation- cautioned and discharged
Umkomaas Driving under the influence of alcohol Convicted for Driving under the influence of alcohol- 2 years imprisonment or R4000,00 fine
16
Outcome (convictions)
Station Charge Outcome
Berea Driving under the influence of alcohol Convicted for driving under the influence of alcohol- 12 month imprisonment or R3000,00 fine
Durban Central Murder Convicted for Murder- 12 years imprisonment
Inchanga Murder Convicted for Murder- 35 years imprisonment
De- Wildt Pointing of Firearm Convicted for Pointing of firearm- 4 years imprisonment
Thlabane Reckless or negligent driving Convicted for R/N driving- R2000,00 fine
17
Outcome (convictions departmental)
Station Charge Outcome
Tseseng Regulation 18(3) Convicted for contravening Reg 18(3)- Dismissed from service
Makoane Regulation 18(3) Convicted for contravening Reg 18(3)- Dismissed from service, dismissal suspended for 12 months
Brakpan Regulation 18(1)(a-c) Convicted for contravening Reg 18(1)(a-c)- Verbal warning
18
Outcome (convictions departmental)
Station Charge Outcome
Brits Regulation 18(1)(a-c) Convicted for contravening Reg 18(1)(a-c)- Dismissed from service and R150 fine
Katkop Regulation 18(21) Convicted for contravening Reg 18(21)- Dismissed from service
Dimbaza Regulation 18(21) Convicted for contravening Reg 18(21)- Dismissed from service, dismissal suspended for 5 years
19
Outcome (acquittals)
Station Charge Outcome
Strand Murder and Culpable homicide Acquitted on both counts
Cape Town Perjury and Fraud Acquitted on both counts
Bishop Lavis Culpable Homicide and Drunken Driving Acquitted on both counts
20
Outcome (acquittals)
Station Charge Outcome
Cape Town Culpable Homicide All members were acquitted
21
Challenges 2005/06

• Consider the following
• Has the ICD fulfilled its mandate over the past 3
  years this is the question asked by the public
  and stakeholders
• Are the investigations conducted effectively and
  efficiently are people able to enjoy their
  freedom
• What is the public perception about crime
  committed by law enforcement agencies are they
  called to account or act with impunity
• How do these perceptions contribute to the
  respect or not of the rule of law
• Does the ICDs existence proactively contribute
  to deterrence of criminality and misconduct by
  ordinary police officers

22
Challenges

• The SAPS has a presence in at least 43 policing
  areas and
• over 1100 police stations and there are
  also 6 well established Municipal Police Services
• ICD has a presence in 9 policing areas, all
  situated in the major centers
• Inaccessible to complainants especially the most
  vulnerable rural and farming communities
• ICD services not accessible due to the distance
  factor
• ICD operates on an average radius of 130 000 km²
  with the furthest in Eastern Cape of 169 580 km²,
  while SAPS operates at 50 km² in Metro areas
  and twice the size in rural areas
• Save for Gauteng, it takes on average, 6 hours to
  travel from a provincial office to the furthest
  point of the province

23
Challenges

• The Police operates over 24 hours while the ICD
  investigator is on standby to respond to a scene
  of death
• Most of the notifications of death are made more
  than an hour after the incident
• Huge travel, accommodation, overtime and
  subsistence expenditure
• On visitation of scene
• Attendance of post mortems
• Conducting of further investigations
• Attendance of court
• Consequences of a delayed response to a scene of
  death
• Scene cleared
• Vital clues destroyed
• Tampering of scene
• Overall effect on the investigation and possible
  outcome
• Encourage the culture of cover up amongst
  colleagues
• A guilty member may thus walk free
• Investigators spent most time on traveling

24
Programme Information Management and Research

• Mr S Mabona

25
Measurable objectives

• The objective is 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 six reports annually, recommending
  interventions to enhance human rights focussed
  service delivery in policing.
• To improve the management of information through
  technology and the dissemination of information
  in order to market the organization to the
  various stakeholders.

26
Service Delivery Objectives and Indicators

• New cases were registered as required
• Due to lack of capacityProblem of prompt
  referral of complaints to Investigations and
  Monitoring
• Case Intake Committees do not
  function as expected, Failed on
  tabling DVA reports for 2003 and 2004
• All applications for exemption were finalized
• Cases of non-compliance with DVA were far higher
  than the number of applications

27
Service Delivery Objectives and Indicators (cont)

• Disseminated information to stakeholders and
  public through Izimbizos
• No research report produced The programme was
  involved in the establishment of the Proactive
  Oversight Unit (POU) which started working with
  effect from 1 May 2005, the POU represents a
  significant milestone, not only in terms of
  successful deployment of logistical support and
  personnel but also, in terms of securing research
  skills and knowledge

28
Service Delivery Objectives and Indicators (cont)

• The Secretariat is tasked with providing
  oversight over the police strictly on matters of
  police performance. The ICD on the other hand,
  is strictly tasked to provide oversight on
  matters pertaining to police misconduct.
• The ICDs research work is strictly within the
  confines of police misconduct, an area falling
  within the ICDs mandate.
• The ICD is strategically positioned to carry out
  research on police misconduct by virtue of the
  wealth of information and data generated through
  its investigative activities.

29
Service Delivery Objectives and Indicators (cont)

• The statistics, for instance, indicate that
  certain categories of misconduct cases such as
  criminal activities have increased immensely
• There is also an increase on vigilantism,
  therefore, it would be inevitable to conduct a
  study to establish why this is happening

30
Progress 2004/05
Sub-programme Output Output performance Measures/service delivery indicators Actual performance against target Actual performance against target
Target Actual
Complaints Registry Case registration Time within which cases are to be registered on database . 24 hrs 24hrs
Monitoring Monitoring the implementa-tion of the DVA by SAPS Percentage of applications for exemption finalised 100 100
Number of community outreach activities held with various stakeholders. 12 per province 12 per province
31
Progress 2004/05 cont
Sub-programme Output Output performance Measures/service delivery indicators Actual performance against target Actual performance against target
Target Actual
Research Conducting research Number of reports on systematic problems in policing 06 annually Establishment proactive Oversight Unit
Information Technology Prompt responses to requests for support Response time to request for support 4 hours Generally 4 hours
Communication Prompt Media responses Time taken to respond to media enquiries 60 min 3-4 hours due to reliance on provinces for information
32
Statistics

• The proportionality between new cases and
  existing resources implies that new cases far
  exceed existing resources
• Coupled with the backlog of existing cases, the
  situation is further compounded

33
Annual intake of all cases, per Province (Deaths/Criminal/Misconduct) Annual intake of all cases, per Province (Deaths/Criminal/Misconduct) Annual intake of all cases, per Province (Deaths/Criminal/Misconduct) Annual intake of all cases, per Province (Deaths/Criminal/Misconduct)
Province 2003/4 2004/5 Growth
Eastern Cape 458 355 -22.5
Free State 207 398 92.3
Gauteng 1,632 1,171 -28.2
KwaZulu-Natal 725 728 0.4
Limpopo 439 462 5.2
Mpumalanga 338 412 21.9
North West 523 568 8.6
Northern Cape 292 439 50.3
Western Cape 1,289 1,257 -2.5
TOTAL 5,903 5,790 -2
34
Annual intake on cases of Deaths (per Province) Annual intake on cases of Deaths (per Province) Annual intake on cases of Deaths (per Province) Annual intake on cases of Deaths (per Province)
Province 2003/4 2004/5 Provincial
Eastern Cape 88 70 -20
Free State 37 38 3
Gauteng 148 148 0
Kwazulu-Natal 205 175 -15
Limpopo 53 52 -2
Mpumalanga 59 55 -7
North West 39 38 -3
Northern Cape 12 11 -8
Western Cape 73 65 -11
TOTAL 714 652 -9
35
Deaths in police custody 2003/4 2004/5 Change
Natural causes 124 128 3.2
Suicide 104 42 -59.6
Injuries sustained in custody 81 45 -44.4
Injuries sustained prior to detention 25 71 184.0
TOTAL 334 286 -14
36
Death as a result of police action (cont) Death as a result of police action (cont) Death as a result of police action (cont) Death as a result of police action (cont)
A suspect shot during the course of arrest 185 128 -30.8
A suspect shot during the course of a crime 71 98 38.0
A suspect shot during the course of an escape 23 12 -47.8
A suspect shot during the course of an investigation 20 21 5.0
Other intentional shooting/negligence 53 77 45.3
An innocent bystander shot by police 8 5 -37.5
Beaten with hands/fists by police 2 2 0.0
Vehicle accident involving police 18 23 27.8
TOTAL 380 366 -4
37
Finalization of Cases

• 33 of the 1,633 complaints finalized were in
  fact substantiated.
• Cases of death allegations were the most
  finalized - accounting for 63
• Of the 812 complaints of criminal offences, 332
  were finalized.
• About 44 of misconduct complaints were also
  finalized
• (Page 88 of the Annual Report 2004/2005)

38
Programme AdministrationMr E Valoyi
39
OBJECTIVE

• To provide for the overall management
• and organization of the Department

40
PROGRAMME 1 COMPONENTS

• Human Resource Management
• Financial Management
• Supply Chain Management
• Auxiliary Service
• Service Delivery and Training
• Security Management
• Internal Auditing

41
SERVICE DELIVERY PERFORMANCE2004/2005

• Could not meet National Treasurys deadline for
  the unique numbering of assets due to staffing
  problems
• The use of BEEs increased to 41
• Engaged the services of an consultant, on the
  recommendation of NIA
• Staff turnover-rate dropped to 9, (a 3 drop)
• Vacancy rate dropped to 3.6, (a drop of 8)
• Percentage of Interns rose to 13

42
STAFF COMPLEMENT2004/2005
Number of approved posts Filled No. of vacancies
186 163 23
Number of vacant posts per programme
Programme 1 8 Programme 2 7 Programme 3 8
43
Staff complement (cont)
Office Approved posts Filled Vacant
Western Cape 17 16 1
Northern Cape 8 5 3
North West 12 10 2
Limpopo 12 12 0
Free State 10 7 3
Gauteng 18 16 2
Mpumalanga 10 6 4
KwaZulu-Natal 16 15 1
Eastern Cape 13 13 0
National Office 70 63 7
Total 186 163 23
44
CHALLENGES2005/2006

• Dismissals 11
• Better offers 45
• Internal promotions 28
• Re-advertisement 11
• Resignation 5

45
HUMAN RESOURCE DEVELOPMENT

• 48 staff members were exposed to training courses
  and skills development programmes
• 31 employees are bursary holders and of them, 13
  are proceeding, 9 failed and are repeating at
  own expense, 9 withdrew the bursaries and are
  paying back
• Study fields17 LLB, 10 Human Sciences and
  Finance Management,4 Policing

46
MISCONDUCT CASES

• 5 Written warnings were issued
• 2 Final written warnings were issued

47
CHALLENGES2006/07

• Increase of capacity at grass roots level
• Establishment of satellite offices, where
  possible
• Working towards a staff structure of 535 posts
• Capacity building of staff
• Four Provincial Offices (Limp MPFS and NC) to
  be upgraded

48
Budget and Expenditure2004/5

• Ms E Verster

49
Budget and Expenditure per Programme 2003/4 and
2004/5
Adjusted Appropriation R000 2004/5 Virement R000 2004/5 Final Appropriation R000 2004/5 Actual Expen-diture R000 2004/5 Variance R000 2004/5 Expenditure as of final appropriation R000 2004/5 Final Appropriation R000 2003/4 Actual Payment R000 2003/4
1 ADMINISTRATION 2 3 4 5 6 7 8 9
Current payment 12,312 -1,137 11,175 11,175 - 100.0 10,163 10,163
Transfers/subsidies 51 - 51 51 - 100.0 43 42
Capital assets 567 1,036 1,603 1,603 - 100.0 2,063 2,063
INVESTIGATIONS
Current payment 19,648 -1,600 18,084 18,084 - 100.0 14,761 14,761
Transfer/subsidies 27 8 35 35 - 100.0 27 27
Capital assets 392 965 1,357 1,357 - 100.0 2,128 2,128
INFORMATION MANAGEMENT AND RESEARCH
Current payment 8,693 -143 8,550 8,549 1 100.0 6,265 6,213
Transfer/subsidies 11 3 14 14 - 100.0 11 11
Capital assets 377 868 1,245 1,245 - 100.0 1,582 1,583
TOTAL 42,114 - 42,114 42,113 1 100.0 37,043 36,991
50
Budget and Expenditure per Economic
Classification2003/4 and 2004/5
1 Adjusted Appropriation 2004/5 R000 2 Virement 2004/5 R000 3 Final Approp. 2004/5 R000 4 Actual Expenditure 2004/5 R000 5 Final Appropriation 2003/4 R000 6 Actual Payment 2003/4 R000 7
Current payments
Compensation to employees 29,362 -4,452 24,910 24,909 20,738 20,686
Goods and services 11,327 1,572 12,899 12,899 10,451 10,435
Financial transactions in assets and liabilities - - - - - 16
Provinces Municipalities 60 11 71 71 56 56
Departmental agencies accounts 29 - 29 29 24 23
Payments on capital assets
Buildings other fixed structures 366 50 416 416 - -
Machinery equipment 850 2,266 3,116 3,116 5,274 5,274
Software other intangible assets 120 553 673 673 500 500
TOTAL 42,114 - 42,114 42,113 37,043 36,991
51
Financial Year 2005/6Budget and Expenditure to
30 September 2005Per Programme
PROGRAMMES BUDGET EXPENDITURE COMMITMENTS AS ON 30/9/05 PROJECTIONS FOR REMAINDER OF PERIOD TO 31 MARCH 06 PROJECTED VARIANCE (OVER)/UNDER EXPENDITURE
1 2 3 4 5 6
R000 R000 R000 R000 R000
Administration 15,559 9,278 885 9,278 -3,882
Investigation of Complaints 23,149 9,710 413 9,710 3,316
Information Management Research 10,814 4,850 881 4,850 234
TOTAL 49,522 23,838 2,179 23,838 -332
52
Financial Year 2005/6Budget and Expenditure to
30 September 2005per Economic Classification
1 Compensation of employees 2 35,926 3 14,661 4 5 5 14,661 6 6,660
Goods and services 12,367 6,506 1,409 6,506 -2,054
Provinces Municipalities (Transfer) 113 36 42 42 0 29 36
Departmental agencies accounts (Transfer) - 575 575 -1,149
Building other fixed structures 955 2,051 763 2,051 -3,909
Machinery equipment 125 3 2,68 3 116
Software other intangible assets - - - 0 -
Theft losses
TOTAL 49,522 23,838 2,179 23,838 -332
53
QUESTIONS

• Mr L Xinwa