Strategic Plan 2012/17 and Annual Performance Plan 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID) 19 NOVEMBER 2014 BRIEFING TO THE PORTFOLIO COMMITTEE ON POLICE Parliament CHALLENGES IPID RECOMMENDATIONS

PORTFOLIO COMMITTEE BRIEFING 2 Presented By Ms Mariaan Geerdts Acting Chief Director – Compliance Monitoring and Stakeholder Management

IPID MANDATE IN TERMS OF RECOMMENDATIONS TO THE SAPS 3 Responsibilities of Executive Director (IPID Act) Section 7 7(6) The Executive Director must ensure that complaints regarding disciplinary matters are referred to the National Commissioner and where appropriate, the relevant Provincial Commissioner. 7(7) Once a month the Executive Director must submit to the Minister a summary of the disciplinary matters and provide a copy thereof to the Secretary.

SAPS MANDATE IN TERMS OF IPID ACT 4 Disciplinary recommendations Section The National Commissioner or the appropriate Provincial Commissioner to whom recommendations regarding disciplinary matters were referred, as contemplated in section 7(6) and (7), must- (a) within 30 days of receipt thereof, initiate disciplinary proceedings in terms of the recommendations made by the Directorate and inform the Minister in writing, and provide a copy thereof to the Executive Director and the Secretary; (b) quarterly submit a written report to the Minister on the progress regarding disciplinary matters made in terms of paragraph (a) and provide a copy thereof to the Executive Director and the Secretary; and (c) immediately on finalisation of any disciplinary matter referred to it by the Directorate, to inform the Minister in writing of the outcome thereof and provide a copy thereof to the Executive Director and the Secretary.

IPID REGULATIONS IN TERMS OF RECOMMENDATIONS 5 Disciplinary referrals 12. (1) A complaint of a disciplinary nature or recommendations by the Directorate involving the discipline of a member or members of the South African Police Service or the Municipal Police Services must be contained in a report substantially similar to Form 3. (2) The Executive Director or relevant provincial head must, in accordance with section 7(6) of the Act, read with section 9(m) and 21 (1)(f), ensure that the form contemplated in sub-regulation (1) is correctly completed and submitted to the National Commissioner or relevant Provincial Commissioner of Police, as the case may be. (3) The Executive Director or relevant provincial head must interact and liaise with the National Commissioner or Provincial Commissioner of Police regarding progress relating to disciplinary proceedings initiated by the National Commissioner of Police, as the case may be, in accordance with section 30 of the Act. (4) The duty imposed upon the Executive Director or the relevant provincial head in terms of sub-regulation (2) or (3) may be delegated, in writing, by the Executive Director or relevant provincial head, as the case may be, to a suitable member of the Directorate.

IPID’S RECOMMENDATION PROCESS 6  Completion of the Recommendation Report -The Recommendation Reports must meet a certain criteria in terms of IPID Regulations, Form 3. -The investigator sign the Recommendation Report, send it to the supervisor for quality control and for their signature and thereafter the supervisor is to send the report to the Provincial Head for approval and their signature; -The Provincial Head scrutinize the Recommendation Report in order to ascertain whether the recommendation is in order. If he/she is satisfied with the Recommendation Report, he/she sign it and endorsed the date/date stamp in order to measure the 30 days compliance from the date of completion to the date of referral to SAPS/MPS (APP target); -The Provincial Head complete/update the file on the Case Flow Management System and update the case file by ensuring that a signed copy of the Recommendation Report is filed in the case file before he/she referred the recommendation to SAPS.

IPID’S RECOMMENDATION PROCESS 7  Referral of the Recommendation Report to SAPS/MPS -Recommendation Reports are submitted to SAPS within 30 days after completion; -The Recommendation Report must be hand delivered together with the cover letter, which comprises the list of the Recommendation Report(s). No Recommendation Reports are allowed to be faxed, ed or send by post to the SAPS/MPS; -The designated IPID official wait to obtain acknowledgement of receipt from the SAPS Recommendation Coordinator; -The IPID Provincial Coordinator must ensure that no duplicate Recommendation Reports are forwarded to the SAPS/MPS; -The IPID Provincial Coordinator must ensure that Recommendation Reports are delivered to the correct stakeholder and no reports meant for the NPA be mistakenly delivered to the SAPS/MPS and vice versa;

IPID’S RECOMMENDATION PROCESS 8 -The IPID Provincial Coordinator then complete the Recommendation Register and send the scanned copies of the Recommendation Reports and the Register immediately to the Compliance Monitoring Section; -The IPID Provincial Coordinator forward an to the Compliance Monitoring Section on a weekly, verifying that all referred Recommendations Reports and feedbacks received from the SAPS/MPS were forwarded to National Office; -All scanned copies of Recommendation Reports, Registers and feedback reports must reach the Compliance Monitoring Section before the 7 th of the following month in order to be considered for the monthly report to the Minister.

IPID’S RECOMMENDATION PROCESS 9  Phase Two -The SAPS must provide the response in terms of Section 30(a) and (b) of the IPID Act during the monthly recommendation meetings as well as comparing the IPID and SAPS statistics on recommendations. -The response from SAPS must be in a form of actual proof such as a copy of the appointment of a disciplinary investigator/initiator or a letter with regard to instituting a disciplinary process.  Phase Three -The SAPS must provide the outcome of the IPID recommendation in terms of Section 30(c) of the IPID Act during the monthly recommendation meetings. -The response from SAPS must be in a form of actual proof such as a copy of a written warning and/or a record of the disciplinary hearing.  Phase Four -The Provincial Head must ensure that the case file and the Case Flow Management System is updated with the feedback information and that the Recommendation Register is updated; -The Compliance Monitoring Section must be informed accordingly in order for the status of the recommendation to be updated on the National Recommendation Register.

IPID REQUIREMENTS IN TERMS OF RECOMMENDATIONS 10 -All recommendations are recorded in a Register, which records the relevant details in terms of performance (when the case is completed – (30 days) – when the recommendation is forwarded to SAPS – (30 days) – when a reply is received from SAPS, if satisfactorily, then the matter is resolved). Performance in terms of whether timeframes are met is measured and reported on in the Section 9(n) Report and Annual Report. -Confirmation of the feedback is required, it is not sufficient to only receive an updated spreadsheet with the updated statuses of the recommendations, each recommendation must have its own response and be accompanied by supporting documentation, e.g. Report from SAPS with a copy of the written warning issued to the SAPS/MPS member; -The Provincial Head must keep record of all recommendations sent to SAPS, update the recommendation register and keep record of all responses from SAPS in terms of Section 30(a), (b) and (c); -In the event that the Provincial Head is not satisfied with the response(s) on the recommendations forwarded to the SAPS/MPS, the Compliance Monitoring Section must be informed and the matter will be engaged with on a National level (with SAPS and the Legal Section if needs be); -If new evidence comes to light IPID will review the Recommendation accordingly, which might result in the recommendation being amended to that of a recommendation Not to take any disciplinary steps.

RECOMMENDATION MEETINGS 11 -Recommendation Meetings on Provincial Level to occur on Monthly and Quarterly basis as per the meeting schedule; -Minutes of meetings are forwarded to National Office for record keeping and reporting progress to the ED (Consultative Forum); -Attendance of members are monitored; -Issues raised in the provincial meetings are noted and discussed on National level; -To date, 55 confirmed meetings took place on provincial and national level for the current financial year.

EXTERNAL CHALLENGES 12 Replies on IPID Recommendations -Receiving feedback on Section 30(a), (b) and (c) in terms of Supporting documents; -Delay in receiving a response, responses from 2012 still outstanding; -Confusion in terms of the reporting channels when recommendations are involving members of from different provinces or Divisions. Section 30 (a), (b) and (c)2012/ / /2015 (6 months) IPID (Documentary proof)15% (788)4.3% (38/884)12% (59/475) SAPS (Spread sheets)78% (615/788)100% - > 84% ?-

EXTERNAL CHALLENGES 13 Decisions on Recommendations -SAPS decline to initiate disciplinary action on recommendations, without proper reasons being provided, even after it was agreed that the SAPS must implement IPID recommendations; -Outcomes relating to the “Withdrawal by the complainant”, without proper documentation to the effect; -Outcomes does not match the seriousness of the case and often the outcome results in no effective corrective measures being implemented. E.g. suspended sentences or written warnings for rape cases; -Occasional insistence by SAPS to re-investigate IPID cases undermines the whole exercise.

CONCLUSION 14 Way Forward In order for the procedural challenges to be addressed IPID, CSP and SAPS will be engaging in a Recommendation Workshop on 26 November 2014 to discuss our respective needs and finding long terms solutions for our challenges. Amending the IPID Regulations to cater for Recommendations more effectively and to give more guidance and structure to the Recommendation process and response format required from SAPS. Amending the IPID Regulations to strengthen compliance with the IPID Act in terms of the sections dealing with Recommendations.