independent complaints directorate

INDEPENDENT COMPLAINTS DIRECTORATE

Presentation to the Portfolio Committee on Safety and Security

26 October 2005

2

Introduction

Mr Leslie XinwaExecutive Director

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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 ICD’s investigative capacity in terms of caseload, salary structure and qualifications

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)

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Performance review cont…• Partnership: Centre for Business and Professional Ethics

– Climate study to assess ICD’s 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, MEC’s, DPP’s, NGO’s)• ICD’s mandate considered more reactive than proactive• Insufficient resources to fulfill mandate• SAPS: Huge workload pushes ICD employees away• Important to address ICD’s budget

• The Anti Corruption Command was established

8

2004/5 Finalized Cases per Case Type

TYPEReceived 2004/5 Finalised 2004/5 Finalisation Rate

Death 314 198 63%

Criminal812 332 41%

Misconduct2,508 1,103 44%

9

2004/5 Finalized and Substantiated Cases per Type

TYPEFinalised 2004/5 Substantiated 2004/5 Subs Rate

Death198 29 15%

Criminal332 66 20%

Misconduct1,103 443 40%

TOTAL1,633 538 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

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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

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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

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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


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

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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

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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

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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

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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

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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

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Outcome (acquittals) Station Charge Outcome

Cape Town Culpable Homicide All members were acquitted

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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 ICD’s existence proactively contribute to deterrence of criminality and

misconduct by ordinary police officers

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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

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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

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.

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Service Delivery Objectives and Indicators

• New cases were registered as required • Due to lack of capacity:Problem 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

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Service Delivery Objectives and Indicators (cont…)

• Disseminated information to stakeholders and public through Izimbizo’s• 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

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• 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 ICD’s research work is strictly within the confines of police misconduct, an area falling within the ICD’s 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.

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• 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

Sub-programme

Output Output performance

Measures/service delivery indicators

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

Progress 2004/05

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Sub-programme Output Output performance

Measures/service delivery indicators

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

Progress 2004/05 cont…

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

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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)

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%

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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%

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Death as a result of police action (cont…)

A suspect shot during the course of arrest185 128 -30.8%

A suspect shot during the course of a crime71 98 38.0%

A suspect shot during the course of an escape23 12 -47.8%

A suspect shot during the course of an investigation20 21 5.0%

Other intentional shooting/negligence53 77 45.3%

An innocent bystander shot by police8 5 -37.5%

Beaten with hands/fists by police2 2 0.0%

Vehicle accident involving police18 23 27.8%

TOTAL380 366 -4%

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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)

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Programme: Administration

Mr E Valoyi

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OBJECTIVE

To provide for the overall management

and organization of the Department

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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 Treasury’s deadline for the unique numbering of assets due to staffing problems

• The use of BEE’s 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%

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STAFF COMPLEMENT2004/2005

Number of approved posts

Filled No. of vacancies

186 163 23

Number of vacant posts per programme: Programme 1: 8Programme 2: 7 Programme 3: 8

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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

CHALLENGES:2005/2006

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

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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 fields:17 LLB, 10 Human Sciences and Finance Management,4 Policing

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

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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; MP;FS and NC) to be upgraded

Budget and Expenditure2004/5

Ms E Verster

49

Budget and Expenditure per Programme 2003/4 and 2004/5

Adjusted Appropriatio

n

R’000

2004/5

Virement

R’000

2004/5

Final Appropriation

R’000

2004/5

Actual Expen-diture

R’000

2004/5

Variance

R’000

2004/5

Expenditure as % of final appropriation

R’000

2004/5

Final Appropriation

R’000

2003/4

Actual Payment R’000

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

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Budget and Expenditure per Economic Classification2003/4 and 2004/5

1

Adjusted Appropriation

2004/5

R’000

2

Virement

2004/5

R’000

3

Final Approp.

2004/5

R’000

4

Actual Expenditure

2004/5

R’000

5

Final Appropriation

2003/4

R’000

6

Actual Payment

2003/4

R’000

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

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Financial Year: 2005/6Budget and Expenditure to 30 September 2005

Per 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

R’000 R’000 R’000 R’000 R’000

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

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Financial Year: 2005/6Budget and Expenditure to 30 September 2005

per 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)

11336

42 420

2936

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

QUESTIONS

Mr L Xinwa

independent complaints directorate

Documents