INDEPENDENT COMPLAINTS DIRECTORATE Portfolio Committee for Safety and Security 24 April 2002

Scope of work of the ICD Budget of the ICD Introduction Scope of work of the ICD Budget of the ICD

Personnel structure Funded posts: 166 Filled posts: 149 Vacant posts: 17

Structure of ICD

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.

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.

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.

Service Delivery Improvement Programme Baseline for service delivery in each of the programmes. Public Service Delivery Week, President’s “Letsima” programme and Imbizo Focus Weeks.

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.

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.

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.

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

Service Delivery Improvement Programme Effective use of the database Provincial Departments of Health DPP Forensic Science Laboratory Preliminary investigations Full investigations Crime scenes

Challenges for 2002/03 Ethical conduct Training

P3: Research and Development Complaints Registry Monitoring Research and Development

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 4 297

(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

(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

(Class III) Serious offences committed by members of the police from 01/04/2001 – 31/12/2001 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 Harassment 8 Indecent assault 267

(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 Malicious injury to property 6 Organised crime 2 Other criminal offences Rape 10 Robbery Theft 17 Torture 21 73

(Class IV) Acts of misconduct by members of SAPS from 01/04/2001 – 31/12/2001 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 Neglects duty or performs duty in improper manner 1 232 Other criminal offences 1 502

(Class IV) Acts of misconduct by members of SAPS from 01/04/2001 – 31/12/2001 (continued) 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 Releasing a prisoner without authority Unfair labour practice Unlawfully and intentionally partakes of liquor while on duty Uses unlawful force against a prisoner Victimisation 6 50

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.

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

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.

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.

Expenditure as at 31 March 2002 (Preliminary) Programme Budget Expenditure % of total expenditure R’000 % P1 10 659 10 881 41 P2 10 290 10 712 40 P3 5 766 5 123 19 Total 26 715 100

Breakdown of main administrative expenditure items for 2001/02 per Programme Total GG cars 107 706 35 848 Telephone 301 453 326 1 080 Datalines 201 396 243 840 S & T 226 274 31 531 835 1 829 635 3 299

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

Conclusion Adv. KD McKenzie