1. INDEPENDENT COMPLAINTS DIRECTORATE Ad Hoc Portfolio Committee for Safety and Security 02 June 2004

2. Introduction Scope of work of the ICD

3. Programme 2 Investigation of Complaints

4. Budget Allocation 2003/2004 The budget for the Programme: Investigation for 2003/2004 was R 16 137 000 The actual expenditure was the same as the allocated budget

5. Objectives The Programme is tasked with investigation of: –Deaths in police custody and as a result of police action –Misconduct (infractions of disciplinary regulations, code of conduct etc) –Criminal offences (attempted murder, robbery, assault, theft etc) –Investigation of corruption (bribery, organized crime etc)

6. Indicators/Targets for 2003/4 OutcomesIndicatorsTargetsProgress Reduced levels of criminality in the SAPS and the MPS Maximum number of days taken to finalize investigation of deaths 180 daysThe target has been achieved in many provinces but WC and GP – Investigative staff complement of 5 and 4 respectively Maximum number of days taken to finalize investigation of criminal offences, corruption cases and misconduct 90 daysTarget not achieved Lengthy process of perpetrator identification

7. Indicators/Targets for 2003/4 OutcomesIndicatorsTargetsProgress Percentage of investigation reports finalized within 30 days 70% - deaths 70% - criminal offences 70% - misconduct Target exceeded however not iro update of information on the database Service delivery improvement Time within which progress must be forwarded to complainants Every 30 daysReports were forwarded monthly in majority of cases

8. Indicators/Targets for 2003/4 OutcomesIndicatorsTargetsProgress Time within which to attend Class 1 scenes Within 2 hours of notification Achieved the target in 88% of notifications Attendance of crime scenes At least 70% of all reported scenes Target achieved - pockets of non - compliance still exist Updated database Time within which new information must be updated in database Within 24 hours of receipt Not achieved – operate in the field thus network inaccessible

9. Outcome of cases A brief summary of finalized cases: –Deaths and Criminal offences: 21 convictions – Deaths –112,4 years imprisonment –R54,000 fines 6 acquittals – Deaths 8 convictions – Criminal Offences –11,6 years imprisonment –R17,600 fines 6 acquittals – Criminal Offences –Disciplinary actions 4 convictions –Fines and dismissals imposed

10. Spending Priorities – 2004/2005 Increased intake of criminal complaints –Increased workload per investigator –Establishment of Anti Corruption Command –Focus on high profile/sensitive matters An increase in corruption cases –Corruption cases already referred to us Buy and bust operations Cross-border theft of vehicles – Free State/Lesotho (ICD, NIA, SAPS, Scorpions) Increased court attendance

11. Projects for 2004/2005 Establish the Anti Corruption Command –Better control and minimised risk –A need to appoint skilled specialized investigators to undertake project–led investigations ( Free State/Lesotho) –Avoid disruption of activities at provincial level –Secondment of Scotland Yard Investigator Partnership with Centre for Business and Professional Ethics –Development of integrity office/function (internal) –Development of ICD Code of Ethics –Strengthening of internal ethics and integrity

12. Budget Allocation 2004/2005 The allocation for Programme: Investigation for 2004/2005 is R 20 103 000 Expenditure to date: R 1 132 000

13. Programme 3 Information Management and Research

14. Objectives 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 five reports annually recommending interventions to enhance human rights focussed service delivery in policing. To improve information management through technology and to disseminate information and market the organization to various stakeholders.

15. Budget for 2003-2004 Budget allocated: R 5 724 000 Budget spent: R 5 656 000

16. Output for 2003-2004 OBJECTIVEREMARKS To make database fully operational The database is almost fully operational. Most ICD provincial offices are registering cases within 24 hours. The updating of case information has tremendously improved. The improvement allows the Head Office to produce consolidated and reliable statistics. A copy of statistical report detailing casework and outcome is attached as an Annexure.

17. Output for 2003-2004 OBJECTIVEREMARKS To attend to clients on arrivalMost offices are attending to clients within 30 minutes To forward acknowledgement letters to clients within 30 days of receipt of complaint This is done generally within 30 days

18. Output for 2003-2004 OBJECTIVEREMARKS To finalize 70% applications for exemptions in terms of DVA More than 70% of such cases are finalized. Fewer applications were received from SAPS and they were all dealt with.

19. Output for 2003-2004 OBJECTIVEREMARKS To conduct workshops for stakeholders This is generally happening. Various workshops on DVA implementation were held around the country during the 16 days of activism of no violence against women and children. A workshop on the use of force by SAPS members was held in April 2003. In January 2004, a continental conference on policing oversight in Africa was held.

20. Output for 2003-2004 OBJECTIVEREMARKS To conduct 4 external audits per provincial office to check compliance with DVA by SAPS Most ICD offices visited quite a number of stations and ensured that DVA is complied with. A structured approach in terms of using an audit instrument will be adopted henceforth.

21. Output for 2003-2004 OBJECTIVEREMARKS To produce four (4) research reports on systemic problems Two research reports were finalized, namely, strategy to reduce deaths and deaths of children in custody. Other types of reports were produced, such as a country report on the status of torture and DVA reports which will soon be tabled before Parliament. A conference report on policing oversight in Africa was also finalized.

22. Objectives for 2004/05 This programme was called Monitoring and Research up until March 2004 and consisted of three (3) sub-programmes, namely, Complaints Registry, Monitoring as well as Research and Development. With effect from April 2004, it was integrated with the components Information Technology and Communication and renamed Information Management and Research. The programme Information Management and Research basically consists of two sub- programmes, namely, Information Management System and Research. The sub-programme Information Management System is made up of the Communications, Information Technology and Complaints Registry functions. The sub- programme Research is made up of the Research and the Monitoring functions.

23. Objectives for 2004/05 To ensure new complaints are received, analyzed, processed and registered. To maintain a database system which serves as a register for all ICD complaints. To manage the information technology in order to ensure a smooth operation of all ICD IT systems. To consolidate and manage all ICD information needs with a view to facilitating access and sharing of knowledge and information. To manage all communication and marketing processes and activities with a view to facilitate the dissemination of information and promotion of ICD products and services to all stakeholders. To embark on various pro-active oversight activities including research, station audits, monitoring, etc. with a view to recommend solutions designed to address systemic problems in policing.

24. Budget for 2004-2005 Allocation : R 9 447 000 Expenditure April 2004: R 489 000

25. Programme 1 Administration

26. OBJECTIVE To provide for the overall management of the department by rendering the following services: Financial Management HRM Provisioning Internal Audit Auxiliary IT Communication Legal Services Security Management

27. BUDGET 2003 / 2004 Allocation:R 15 182 000 Expenditure:R 15 181 000 42%

28. PERSONNEL STRUCTURE Funded Posts:186 Filled:170 (Including those awaiting approval) Vacant: 16 ( not yet advertised) National Office = 70 (38%) Provincial Offices = 116 ( 62%)

29. PERSONNEL STRUCTURE cont. Programme 1 = 5731% Programme 2 = 7440% Programme 3 = 5529%

30. MISCONDUCT CASES 2003 / 2004 NATUREOFFICERESULT Dereliction of DutyMpumalangaFinal Written Warning Contravention of Media Policy Western CapeDemotion and Final Written Warning Misuse of Official Vehicle MpumalangaPending Facing Criminal Charges, to be prosecuted shortly Western CapeSuspended

31. HUMAN RESOURCE DEVELOPMENT BURSARIES (2003) Bachelors Degrees=16 Diplomas= 4 TRAINING PER SALARY LEVEL Level 1 – 5: 40 Level 6 – 9:71 Level 9 – 15:37 Passed:4 Failed:9 Withdrew:6 Pending Results:1

32. OUTPUT 2003 / 2004 Interns:17%(5%) IT:Skills and Network Upgraded Subsidised Cars:Increased from 7 to 13 Audit Report:Unqualified (3 fiscals) Special Programmes:EAP Service Provider acquired Security Management:Upgraded (e.g. access cards)

33. OBJECTIVE 2004 / 2005 Provide overall management of the Department by rendering the following services: Financial Management HRM Supply Chain Management Internal Audit Security Management

34. KEY PROJECTS 2004 / 2005 Full implementation of function Supply Chain Management Partnership with the Centre for Public Service Innovation

35. BUDGET 2004 / 2005 Allocated:R 12 564 000 Expenditure April 2004:R 914 000

36. Overview by the CFO

37. Expenditure as at 31 March 2004 ProgrammeBudgetExpenditure R’000 P115 18215 181 P216 137 P3 5 7245 656 Total37 04336 990

38. Focus Areas for MTEC Corporate Governance Risk Management Pro-active oversight (P3)

39. Budget allocation for 2004/05 Programme:Budget: 2004/05 Budget 2005/06 Budget 2006/07 P1: Administration R12 564 000R13 366 000R14 244 000 P2: Investigation of Complaints R20 103 000R22 358 000R23 866 000 P3: Information Management and Research R 9 447 000R10 798 000R12 082 000 TotalR42 114 000R46 522 000R50 192 000

40. Conclusion Adv. KD McKenzie