Independent Police Investigative Directorate (IPID)

Independent Police Investigative Directorate (IPID)
Briefing to the Portfolio Committee on Police: IPID’s Consolidated Performance Report as at 31 December 2015 Independent Police Investigative Directorate (IPID) Date: 23 February 2016 Venue: V227, Old Assembly Time: 10h00-13h00

OUTLINE OF THE PRESENTATION
Introduction Reporting frequency: APP (2015/16) Summary of Consolidated Performance: 01 April- 31 December 2015 Comparison of Performance: 2014/15 (Audited) vs 2015/16 (Consolidated) Summary of Consolidated Performance: 01 April-31 December 2015 Consolidated Performance by Programme: 2015/16 Third Quarter Financial Performance: 2015/16 Corrective Actions and Conclusion

1. Introduction (1) Section of Treasury Regulations states that “the Accounting Officer of an Institution must establish procedures for quarterly reporting to facilitate effective performance monitoring, evaluation and corrective action”. The Directorate instituted a planning and reporting system that enables reporting, on a quarterly basis, progress made towards attainment of the set Annual Performance Plan targets. It is against this background that the Directorate will not just report on Quarter 3 performance but on the consolidated performance that covers all the quarters up to 31 December 2015. The above is in view of the fact that no previous engagements with the Portfolio Committee have taken place on the Directorate’s 2015/16 performance since the beginning of the current financial year. Overall, through various interventions and mechanisms, the Directorate’s performance is moving on a positive trajectory, particularly with regard to our core business: Programme 2- Investigations.

(i) Securing a total of 34 criminal convictions in relation to, among
1. Introduction (2) Notable successes in the cases that have been finalised in the period under review include: (i) Securing a total of 34 criminal convictions in relation to, among other things: Contravention of Section 28 (c), (d) & (f) (6) Murder (8) Rape (3) Culpable homicide (4), Assault (10) Discharge of firearm (3) (ii) Securing a total of 22 departmental convictions in the areas of : Common assault & GBH (14) Murder (3) Discharge of official firearm (3), Non-compliance with IPID Act of 2011 (2).

2. Reporting Frequency: APP (2015/16)
Programme 1: Administration (i) Annual targets: 6 (ii) Quarterly targets: 3 Programme 2: Investigations and Information Management (ii) Quarterly targets: 13 Programme 3: Legal Services (ii) Quarterly targets: 11 (d) Programme 4: Compliance Monitoring and Stakeholder Management (i) Quarterly targets: 8

(on target including those reported annually)
3. Summary of Consolidated Performance: 01 April- 31 December 2015 Programme Performance towards attainment of Annual Target for all Programme Performance Indicators (PPIs) 01 April – 31 December 2015 PPIs (on target including those reported annually) % Programme 1: Administration 4/9 55% Programme 2: Investigations and Information Management 15/19 79% Programme 3: Legal Services 2/11 27% Programme 4: Compliance Monitoring & Stakeholder Management 7/8 88% Total 27/47 63%

2015/16 Consolidated Performance :
4. Comparison of Performance: 2014/15 Audited Performance vs Consolidated Performance as at 31 December 2015 (1) Programme 2015/16 Consolidated Performance : 01 April – 31 December 2015 2014/15 Audited Performance Target Achievement % Programme 1: Administration 4/9 55% 9/12 75% Programme 2: Investigations and Information Management 15/19 79% 2/16 13% Programme 3: Legal Services 2/11 27% 3/10 30% Programme 4: Compliance Monitoring & Stakeholder Management 7/8 88% 5/7 71% Total 27/47 63% 19/45 42%

5. Comparison of Performance: 2014/15 Audited Performance vs
Consolidated Performance as at 31 December 2015 (2)

Programme 1: Administration
6. Programme Performance: 01 April- 31 December 2015 (1) Programme 1: Administration Programme Performance Indicators (PPIs) Annual Target Target Achievement Comments Number of financial expenditure reports submitted 12 9 On track to meet annual target Number of asset verifications conducted 4 3 Percentage vacancy rate per year Below 10% 12.8% Recruitment & Selection Plan is in place to fast track advertised post for filling by end of financial year Percentage of females employed by the Directorate at senior management level 50% 46% Unlikely that annual target will be met Percentage of staff complement consisting of people with disabilities 2% 1% Percentage of trained officials 50% of the staff complement 4.5% Work still in progress Number of candidates enrolled on learnership programme Annual target met Number of reviews of Organizational Structure conducted per year 1 1 Number of monitoring and evaluation reports produced on the attainment of strategic objectives 6 On track, target met

Programme 2: Investigations and Information Management
6. Programme Performance: 01 April- 31 December 2015 (2) Programme 2: Investigations and Information Management Programme Performance Indicators (PPIs) Annual Target Target Achievement Comments Percentage of cases registered and allocated within 72 hours of receipt of written notification 90% (4937) 92% Target exceeded Number of statistical reports generated on the number and type of cases investigated, recommendations made and the outcomes thereof 18 13 On track to meet annual target Percentage of all decision ready investigations finalised 58% (5252) 61% (5915 of 9639) Percentage of investigations of deaths in custody cases that are decision ready (finalised) 60% (337) 74% (226 of 305) Percentage of investigations of deaths as a result of police action cases that are decision ready (finalised) 50% (418) 58% (369 of 632) Percentage of investigations of discharge of an official firearm cases by a police officer that are decision ready (finalised) 58% (1278) 65% (935 of 1430) Percentage of investigations of rape cases by a police officer that are decision ready (finalised) 62% (153) 64% (99 of 155)

6. Programme Performance: 01 April- 31 December 2015 (3) Programme 2: Investigations and Information Management Programme Performance Indicators (PPIs) Annual Target Target Achievement Comments Percentage of investigations of rape cases while in police custody that are decision ready (finalised) 62% (17) 83% (20 of 24) Target exceeded Percentage of investigations of torture cases that are decision ready (finalised) 50% (52) 44% (91 of 205) Work still in progress Percentage of investigations of assault cases that are decision ready (finalised) 50% (4787) 60% (3827 of 6328) Percentage investigations of corruption cases that are decision ready (finalised) 50% (110) 61% (115 of 189) Percentage of investigations of other criminal and misconduct matters referred to in section 28(1)(h) and 35 (1)(b) of the IPID Act that are decision ready (finalised) 50% (148) 58% 154 of 265) Number of systemic corruption cases identified and referred for approval 9 7 Percentage of approved systemic investigations that are decision ready (finalised) 2 50% (7 of 14) Annual target met and exceeded Percentage reduction of backlog cases (excluding cases of systemic corruption) 50% 38% (decreased from 2915 to 1805) Percentage increase of criminal recommendations to prosecute that are placed on a court roll 10% (1045) – Progress to be provided during Quarter 4 reporting

6. Programme Performance: 01 April- 31 December 2015 (4) Programme 2: Investigations and Information Management Programme Performance Indicators (PPIs) Annual Target Target Achievement Comments Percentage increase of disciplinary recommendations where disciplinary processes are initiated 10% (519) – Progress to be provided during Quarter 4 reporting Percentage of criminal recommendation reports referred to the National Prosecuting Authority within 30 days of recommendation report being signed off 80% (1176) 72% Work still in progress Percentage of disciplinary recommendation reports referred to the South African Police Service and/or Municipal Police Services within 30 days of recommendation report being signed off 80% (707) 84% Target exceeded Success factors attributed to achievement in Programme 2 include the following, among other things: Implementation of the Turnaround Strategy ED Directive on completion of cases : 01 April- 31 December 2015

6. Programme Performance: 01 April- 31 December 2015 (5)
Summary of criminal convictions by provinces: : 01 April- 31 December 2015 Eastern Cape Date of Sentence Case Number Description of Sentence 26 June 2015 407/10/2012 Fifteen (15) years’ imprisonment for murder and Five (5) years’ imprisonment for attempted murder 18 June 2015 14/03/2014 Three (3) years Correctional Supervision 13 May 2015 266/04/2011 Life Imprisonment 23 July 2015 464/01/2007 Fifteen (15) years’ imprisonment

Summary of criminal convictions by provinces : : 01 April- 31 December 2015 Free State Date of Sentence Case Number Description of Sentence 26 June 2015 407/10/2012 Fifteen (15) years’ imprisonment for murder and Five (5) years’ imprisonment for attempted murder 10 June 2015 494/12/2014 Assault-Common mediated by SPP 22 June 2015 353/07/2014 R400 fine or 12 month’s imprisonment for assault-common 20 August 2015 9/08/2012 X2 Life imprisonment For rape 18 January 2016 149/05/2015 R500, 00 or 3 months imprisonment and 6 months wholly suspended for 3 years for common assault. He was further declared not unfit to possess a firearm. 7 July 2011 42187 The accused was found guilty on 02 July 2015, Cautioned and Discharged for common assault 2 September 2015 11/03/2015 8 years imprisonment for rape

Summary of criminal convictions by provinces : : 01 April- 31 December 2015 Free State (2) Date of Sentence Case Number Description of Sentence 13 October 2015 144/04/2015 Fine R500. each for common assault 07 August 2015 84/03/2014 15 years imprisonment for murder 21 July 2015 408/11/2014 R fine or 2 years imprisonment for rape

Summary of criminal convictions by provinces: : 01 April- 31 December 2015 KwaZulu-Natal Date of Sentence Case Number Description of Sentence June 2015 183/01/2012 18 years’ imprisonment for murder April 2015 32/11/2013 10 years’ imprisonment for culpable homicide 134/06/2014 10 years’ imprisonment wholly suspended for five years for culpable homicide 83/01/2012

Summary of criminal convictions by provinces: : 01 April- 31 December 2015 Western Cape Date of Sentence Case Number Description of Sentence 15 April 2015 426/12/2013 Admission of guilt fine - R500 for Section 28(f)-Assault-Common 23 April 2015 534/03/2014 Correctional supervision for Section 28(f)-Assault-GBH 24 April 2015 1048/03/2014 Plea bargain-22 years and 6 month’s imprisonment. 2015/05/11 effective 15 years for Section 28(d)-Rape by police officer on/off duty 11 May 2015 24/09/2013 Convicted R1000 or suspended sentence of 3 years for Section 28(f)-Assault-Common 18 May 2015 26/11/2013 R4000 fine or 40 days imprisonment for contravening Section 28(c)-Discharge of official firearm 05 August 2015 193/07/2013- eighteen (18) years direct imprisonment for Rape (X3)

Summary of criminal convictions by provinces: : 01 April- 31 December 2015 Mpumalanga Date of Sentence Case Number Description of Sentence 14 April 2015 257/12/2012 18 years’ imprisonment for murder Limpopo Date of Sentence Case Number Description of Sentence 02 June 2015 71/02/2014 Count of guilty as charged R5000 fine or 12 months imprisonment and whole suspended or 5 years. Count 2 withdrawn no declared until to possess firearm Northern Cape Date of Sentence Case Number Description of Sentence 28 July 2015 2012/12/03 Found Guilty and sentenced to 7 years imprisonment for murder

Summary of departmental convictions by provinces: : 01 April- 31 December 2015 Western Cape Date of Sentence Case Number Description of Sentence 11 May 2015 183/11/2014 2 X Verbal warnings for Assault-Common 102/11/2014 Verbal warning for assault- common 43/02/2015 Suspended dismissal for 6 months for murder

Summary of departmental convictions by provinces: : 01 April- 31 December 2015 North West Date of Sentence Case Number Description of Sentence 14 July 2015 24/01/2015 Written warning for assault Mpumalanga (1) Date of Sentence Case Number Description of Sentence 02 February 2015 204/06/2014 Written warning for assault-common 04 March 2015 282/08/2014 Written warning for discharge 23 March 2015 380/11/2013 R500 fine for murder 01 August 2015 31/11/2013 R400 fine for assault-common 19 January 2015 21/08/2014 09 June 2015 26/05/2013 23 May 2015 06/04/2015

Summary of departmental convictions by provinces: : 01 April- 31 December 2015 Mpumalanga (2) Date of Sentence Case Number Description of Sentence 26 May 2016 186/01/2015 Written warning for assault- common 21 June 2015 449/02/2014 Written warning for Non-compliance with IPID Act of 2011 10 July 2015 37/12/2014 suspended without pay for discharge 11 June 2015 451/02/2014 Written warning for Non-compliance with IPID Act of 2011 Limpopo (1) Date of Sentence Case Number Description of Sentence 31 August 2015 72/04/2012 Disciplinary investigation instituted for murder 08 May 2015 94/05/2012 Dismissal for murder 24 August 2015 524/05/2012 Warning issued for complaint of a Discharge of an Official Firearm 20 August 2015 229/06/2012 Fined for assault-common 24 October 2015 282/09/2012 Written warning issued for Non Compliance with section 29 of IPID Act of 2011

Summary of departmental convictions by provinces: : 01 April- 31 December 2015 Limpopo (2) Date of Sentence Case Number Description of Sentence 26 November 2015 570/05/2013 2 X Suspended Dismissal for murder KwaZulu-Natal Date of Sentence Case Number Description of Sentence May 2015 375/02/2013 R200 fine for assault GBH 395/10/2014 Suspension from work without a salary for (2) months for Discharge of an official firearm

Summary of departmental convictions by provinces: : 01 April- 31 December 2015 Gauteng Date of Sentence Case Number Description of Sentence 15 July 2015 164/04/2015 Verbal warning for assault- GBH 22 July 2015 07/04/2013 Immediate dismissal for murder 22July 2015 293/10/2013 Written warning for assault- common 284/12/2014 Immediate dismissal for discharge of official firearm 05 August 2015 794/03/2013 Verbal warning for assault-common 06 July 2015 817/08/2013 Dismissal from service for Discharge of official firearm

Summary of departmental convictions by provinces: : 01 April- 31 December 2015 Eastern Cape Date of Sentence Case Number Description of Sentence 07 October 2015 80/06/2015 Dismissal from service for murder Mpumalanga (1) Date of Sentence Case Number Description of Sentence 20 July 2015 101/02/2013 Written warning for contravention of Section 28(1)(h) 6 September 2015 26/05/2013 Written warning for assault- common 5 December 2015 112/04/2012 Written warning for murder

Summary of departmental convictions by provinces: : 01 April- 31 December 2015 Mpumalanga (2) Date of Sentence Case Number & Police Station Description of Sentence 14 April 2015 104/10/2012 Written warning for Assault-Common 28 April 2015 19/07/2014 Written warning for contravening 28(1)(h) 16 April 2015 65/08/2014 written warning for common assault 9 April 2015 709/12/2013 Withdrawn for Assault-Common 15 August 2015 157/04/2015 written warning for Assault-Common 31 August 2015 18/06/2015 R1000 fine and counselling for discharge of official firearm 23 September 2015 61/06/2015 suspended without pay for murder 06 September 2015 26/05/2013 Final written warning for assault-common

Summary of departmental convictions by provinces: : 01 April- 31 December 2015 Mpumalanga (3) Date of Sentence Case Number & Police Station Description of Sentence 16 April 2015 65/08/2014 written warning for assault common 15 August 2015 157/04/2015 31 August 2015 18/06/2015 R1000 fine and counselling for discharge of official firearm 23 September 2015 61/06/2015 suspended without pay for one months for murder 11 November 2015 429/04/2013 Verbal warning for assault common 201/04/2015 Suspend without pay for two months for rape 1 October 2015 19/04/2015 Written warning for assault common 7 September 2015 Suspend without pay for two months for murder

Summary of departmental convictions by provinces: : 01 April- 31 December 2015 Free State Date of Sentence Case Number Description of Sentence 23 November 2015 517/10/2014 Dismissal suspended for 6 months for discharge of official firearm 436/06/2014 Corrective counselling for common assault

Programme 3: Legal Services
6. Programme Performance: 01 April- 31 December 2015 (20) Programme 3: Legal Services Programme Performance Indicators (PPIs) Annual Target Target Achievement Comments Percentage of contracts and service level agreements finalised within 30 working days of request 90% of 48 75% (15 of 20) Work still in progress Percentage of written legal opinions provided to the directorate within 21 working days of request 90% of 85 70% (7 of 10) Percentage of arbitration, civil and labour litigation matters attended 100% 100% (4 of 4) On track to meet annual target Percentage of oral legal advice provided to investigators within 24 hours of request 90% Percentage of written legal advice provided to investigators within 48 hours of request 60% (6 of 10) Unlikely that annual target will be met Percentage of applications for policing powers processed within 5 days of request 33% (8 of 24) Percentage of policies reviewed for legal compliance within 21 working days of request – No policies were submitted for review Number of practice notes and directives (bulletin) issued 4 2 Percentage of PAIA requests processed and finalized within 30 days 51% Number of interventions conducted on backlog cases 9 6 Number of legal workshops conducted 12 7

Programme 4: Compliance Monitoring and Stakeholder Engagement
6. Programme Performance: 01 April- 31 December 2015 (21) Programme 4: Compliance Monitoring and Stakeholder Engagement Programme Performance Indicators (PPIs) Annual Target Target Achievement Comments Number of reports on the evaluation of the quality of IPID recommendations per year 4 3 On track to meet annual target Number of reports on the responsiveness of SAPS/MPS/NPA on IPID Recommendations per year Number of community outreach events conducted per year 216 152 Number of media statements and public engagements undertaken annually 40 41 Annual target met Number of responses to media enquiries released annually 150 127 Number of formal engagements on National level held with key stakeholders per year 12 14 Number of formal engagements conducted at Provincial level with key stakeholders per year 108 95 Number of Local Community Policing Forum meetings attended per year 54 19 Unlikely that annual target will be met

3rd Quarter Financial Performance : Acting Chief Financial Officer
/16 3rd Quarter Financial Performance : Presented by Mr P M Setshedi Acting Chief Financial Officer

(b) Budget & Exp. Breakdown per Programme: Programme 1: Administration
Index Summary of Budget & Expenditure per Programme and Economic Classifications for 3rd Quarter ending December (b) Budget & Exp. Breakdown per Programme: Programme 1: Administration Programme 2: Investigation and Information Management Programme 3: Legal Services Programme 4: Compliance Monitoring and Stakeholder Management (c) Conclusion

Percentages of Actual Expenditure
7.1 Summary of Budget and Expenditure per Programme and Economic Classifications: 2015/16 Description Adjusted Budget Expenditure To date Available Percentages of Actual Expenditure Programmes R`000 % Administration 74 015 53 388 20 627 72% Investigation & Information Management 43 999 71% Legal Services 5 476 4 367 1 109 80% Compliance Monitoring and Stakeholder management 4 468 3 169 1 299 Total 67 034 Economic Classifications Compensation of Employees 48 968 69% Goods and Services 72 163 54 212 17 951 75% Transfers and Subsidies 604 100% Payment for Capital Assets 2 464 2 349 115 95%

7.2 Reasons for Spending Trends
The overall spending in Compensation of employees has been lower than the projected target with a slight improvement on monthly basis since the beginning of the financial year under review. The main contributing factor in this regard is the delays in filling some of the funded vacancies in Administration and Investigation & Information Management programmes mainly due to the vetting process that is done by State Security Agency (SSA). The travelling and accommodation by Investigators particularly those who are working on the case backlog project as well as unforeseen legal costs for the suspended officials have affected the spending trends in Goods and Services.

7.3 Programme 1: Budget and Expenditure: 3rd Quarter -2015/16
The Programme has reported 5% less than the target in COE due to the delays in filling of funded vacancies caused by vetting process; The bulk of spending is in Goods and Services mainly due the contractual obligations services which include office accommodation and computer services

7.4 Programme 2: Budget and Expenditure -3rd Quarter – 2015/16
The majority of the vacant positions that were still vacant at reporting, were investigators positions affected by vetting process as well as internal promotions which create vacancies; The travelling and accommodation by Investigators particularly those in the backlog cases task team have affected the spending in Goods and Services.

7.5 Programme 3: Budget and Expenditure: 3rd Quarter – 2015/16
The Compensation of Employees is slightly higher however will be accommodated through internal shifting of funds to remain with the programme budget; The programme has absorbed the expenditure related to the legal costs invoices particularly those that were outstanding from the previous financial year; Consultations with the Provincial offices on investigation advisory services has affected Goods and Services spending trends.

7.6 Programme 4: Budget and Expenditure: 3rd Quarter – 2015/16
The Compensation of Employees is at satisfactory spending level with a slight 1% less than the target due to outstanding SMS Members` annual pay progression; The programme` Goods and services was increased during the adjustment budget due to the experienced pressure that was reported in travelling and accommodation mainly due to the more than anticipated stakeholder engagements including coordination of community outreach events.

7.7 Conclusion: Budget & Expenditure (2015/16)
(a) In overall, the expenditure is within the allocated budget however the spending trends in COE is a call for concern hence the Department has started capacitating the internal Vetting Unit to address the delays experienced in filling of funded vacant positions. (b) The Department will also continue with a regular monitoring of expenditure to avoid March spike and also to ensure that the limited budget is prioritised to the core activities of the organisation.

8. Concluding Remarks With regard to the achievement strategic objectives and targets, there are huge improvements overall, particularly with regard to our core business. (b) Departmental expenditure will be monitored continuously to maintain financial prudence. Where targets have not been met, intervention mechanisms are in place to catch up on implementation or achievement of those targets. (d) Implementation of the Turnaround Strategy still in progress; which may enhance performance of Programme

Thank You

Independent Police Investigative Directorate (IPID)

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