INDEPENDENT COMPLAINTS DIRECTORATE

1
INDEPENDENT COMPLAINTS DIRECTORATE

• Portfolio Committee for Safety and Security
• 24 April 2002

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Introduction

• Scope of work of the ICD
• Budget of the ICD

3
Personnel structure

• Funded posts 166
• Filled posts 149
• Vacant posts 17

4
Structure of ICD
5
Disciplinary cases of importance
Nature of misconduct Office Progress and sanctions
Corruption sale of murder case docket to a police officer. KwaZulu-Natal The employee is currently on precautionary suspension. The internal disciplinary hearing has commenced. The official has been criminally charged and is currently on bail of R15 000,00.
Allegations of mismanagement. Western Cape Investigation has commenced.
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Training and Development

• Training and Development
• More than 65 staff attended 23 courses.
• Senior Managers will be exposed to financial as
  well as leadership training.
• Bursaries
• Eight of 11 bursary holders passed.
• Another 10 employees were granted bursaries.

7
Information Technology

• Major security improvement.
• More hardware and software will be installed and
  an awareness campaign to improve IT security.
• Minimum-security measures prescribed by NIA and
  SACSA.
• eGovernment initiatives currently underway, such
  as the Gateway Project, require improved security
  and interoperability.

8
Service Delivery Improvement Programme

• Baseline for service delivery in each of the
  programmes.
• Public Service Delivery Week, Presidents
  Letsima programme and Imbizo Focus Weeks.

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Challenges for the financial year 2002/03

• Moving away from the FMS to BAS as a step towards
  accrual accounting.
• Exposing the Investigators to more advanced
  investigative courses to raise the level of
  competence.
• Striving to comply with the Employment Equity
  Plan.
• Reduction of misconduct/grievances.
• Raising the level of security awareness amongst
  staff members.
• Engaging in more information sessions to raise
  the level of HIV/AIDS awareness.
• Gearing the IT management system to eGovernment.

10
P2 Investigation of complaints

• To investigate deaths in police custody and as a
  result of police action.
• To investigate complaints of police criminality
  and misconduct.

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Priority Investigations

• Crimes against women (femicide, rape and spousal
  abuse).
• Crimes against children.
• Violent crimes e.g. attempted murder, assault
  with intent to cause grievous bodily harm.
• Corruption by police officials, specifically in
  cases involving theft and/or sale of case dockets
  and escapes from lawful police custody.

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Highlights of cases investigated in 2001/02

• Crimes against women
• SAPS Durban Central (Femicide)
• SAPS Claremont (Rape)
• Crimes against children
• SAPS Mqandule (Assault GBH)
• Corruption
• SAPS Nelspruit

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Service Delivery Improvement Programme

• Effective use of the database
• Provincial Departments of Health
• DPP
• Forensic Science Laboratory
• Preliminary investigations
• Full investigations
• Crime scenes

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Challenges for 2002/03

• Ethical conduct
• Training

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P3 Research and Development

• Complaints Registry
• Monitoring
• Research and Development

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Complaints 01/04/01 31/12/01
Class Type Total
Deaths in police custody/as a result of police action/MPS 462
Criminal offences committed by members of SAPS/MPS 340
Misconduct committed by members of SAPS/MPS 1 552
Cases falling outside the mandate 1 943
Total 4 297
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(Class I) Deaths in police custody and as a
result of police action from 01/04/2001
31/12/2001
Total
Custody
Natural causes 55
Suicide 46
Injuries in custody 17
Injuries prior to custody 21
Possible negligence 6
Other causes of death 41
186
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(Class I) Deaths in police custody and as a
result of police action from 01/04/2001
31/12/2001 (continued)
Total
Action
A. Shooting
During course of arrest 113
During course of a crime 62
During course of investigation 12
During course of escape 13
Other intentional shooting 33
Possible negligence 18
Negligent handling of a firearm 1
B. Other 24
276
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(Class III) Serious offences committed by members
of the police from 01/04/2001 31/12/2001
Offence Total
Abuse of power 18
Arson 2
Assault GBH / attempted murder 178
Attempted murder 29
Common assault 10
Conspiracy 5
Corruption 13
Extortion 1
Fraud 2
Harassment 8
Indecent assault 1
267
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(Class III) serious offences committed by members
of the police from 01/04/2001 31/12/2001
(continued)
Offence Total
Instigating/Failure to prevent/stop violence 3
Intimidation 5
Kidnapping 3
Malicious injury to property 6
Organised crime 2
Other criminal offences 3
Rape 10
Robbery 3
Theft 17
Torture 21
73
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(Class IV) Acts of misconduct by members of SAPS
from 01/04/2001 31/12/2001
Act Total
Assault 33
Conceals evidence 1
Crimen injuria 3
Drunk driving 4
Failure to perform duties and responsibilities 199
False accusation of crime 7
Gross discourtesy 9
Intentionally/negligently allowing a prisoner to escape 6
Misappropriates/withholds state property 4
Neglects duty or performs duty in improper manner 1 232
Other criminal offences 4
1 502
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(Class IV) Acts of misconduct by members of SAPS
from 01/04/2001 31/12/2001 (continued)
Acts Total
Other violations with a motor vehicle 1
Performs an act in contravention of the SAPS Act 20
Performs an act or fails to perform an act which constitutes an offence 14
Racial discrimination 2
Reckless operation of a motor vehicle 2
Releasing a prisoner without authority 2
Unfair labour practice 1
Unlawfully and intentionally partakes of liquor while on duty 1
Uses unlawful force against a prisoner 1
Victimisation 6
50
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Monitoring

• Surprise visits to police stations were
  conducted during November 2001 to identify
  factors or circumstances that promote escapes by
  suspects from lawful custody.
• During the Public Service Week in November 2001
  police stations were visited on an unannounced
  basis due to complaints received of poor service.
• During the Imbizo Focus Week several vulnerable
  communities in rural and farming areas were
  visited.

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Research

• In an attempt to pro-actively deal with trends
  and practices, the ICD has completed research
  projects on the following
• Use of police dogs on civilians
• Racism
• Stripping of parts from vehicles at police
  vehicle pounds
• Profiling strategy to identify those police
  members prone to violence

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Service Delivery Improvement Programme

• There is an improvement with regard to the case
  management system.
• The referral of cases to internal components has
  improved.
• The sending of acknowledgement letters to new
  complainants has improved.
• Progress reports to complainants remain a
  problem, but steps have been taken to address
  this problem.

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Challenges for 2002/2003

• It is expected that complaints against MPS will
  rise challenge is to ensure that the
  registration of these cases does not adversely
  affect the current smooth running of the case
  management system.
• Identified research projects for this year,
  example research on the weaknesses in SAPS
  Disciplinary Mechanisms, SAPS training.
• Implementation of DVA by SAPS remains the biggest
  challenge.

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Expenditure as at 31 March 2002 (Preliminary)
Programme Budget Expenditure of total expenditure
R000 R000
P1 10 659 10 881 41
P2 10 290 10 712 40
P3 5 766 5 123 19
Total 26 715 26 715 100
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Breakdown of main administrative expenditure
items for 2001/02 per Programme
Item P1 P2 P3 Total
GG cars 107 706 35 848
Telephone [phone]
Datalines 201 396 243 840
S T 226 274 31 531
Total 835 1 829 635 3 299
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Budget allocation for 2002/03
Programme Budget 2001/02 Budget 2002/03
P1 Administration R12 677 000 R11 864 000
P2 Investigation of complaints R10 118 000 R13 270 000
P3 Registration Monitoring of complaints R 3 920 000 R 6 240 000
Total R26 715 000 R31 374 000
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Conclusion

• Adv. KD McKenzie