INDEPENDENT COMPLAINTS DIRECTORATE Presentation to the Portfolio Committee on Safety and Security 16 March 2007

Introduction Mr P Mongwe

PROGRAMME 1 : Administration Mr E Valoyi

Vacancies as at 28 February 2007 STAFF COMPLEMENT OFFICE APPROVED POSTS 2006/2007 2007/2008 Vacancies as at 28 February 2007 National Office 80 83 2(P3) Gauteng 22 23 3(P1) Limpopo 16 17 1(P3) Eastern Cape 20 Western Cape Northern Cape 13 14 Mpumalanga 15 KZN 25 North West Free State TOTAL 231 248 8 (3.5%) GROWTH: ADDITIONAL 17 Growth: Additional 17 (7%) more positions for 2007\2008 financial year

STAFF COMPLEMENT (CONT…) 2006/2007 2007/2008 (35%) 80 = H/O (33%) 83 = H/O (65%) 151 = Provinces (67%)165 = Provinces Total: 231 Total: 248

Breakdown of posts per Office NEW POSTS AS FROM 1/04/2007 National Office 3 Provinces 14 Total 17 Breakdown of posts per Office KZN 5 Gauteng 1 Eastern Cape 4 Limpopo Mpumalanga Free State Northern Cape

AUDITOR GENERAL’S CONCERNS: 2005/2006 SCM Policy approved and implemented as from 1 April 2006 All staff members were trained in respect of the SCM procedures Follow-up SCM training to be arranged in 2007 SCM framework being implemented in parts Discrepancies in terms of leave mostly experienced by the Provinces Quarterly meetings of the Administrative Forum used for training on leave matters Monthly reports used by Responsibility Managers for monitoring and reporting on leave

AUDIT GENERAL’S CONCERNS: 2005/2006 (Cont…) HRM to perform annual inspections Human Resource Plan was revised in line with the Public Service Regulations

PROGRAMME 2 : Investigation of Complaints Mr T Tshabalala

Strategic objectives Indicator Target Finalized internal investigations in respect of Class 1 (deaths) within 180 days 60% of notifications received from SAPS/MPS Finalized internal ICD investigations of Class III (criminal offences) within 180 days 50% of complaints received from SAPS/MPS Finalized internal ICD investigations of Class IV (misconduct) within 90 days 60% of complaints

Finalized cases (Backlog) Province Class I Class II Class III Class IV Total Percentage Eastern Cape 98 5 103 155 361 7% Limpopo 301 22 456 474 1253 26% Mpumalanga 292 32 36 72 432 9% Gauteng 4 13 30 21 68 1% Northern Cape 20 197 268 517 11% Western Cape 74 25 151 574 824 17% North West 2 138 287 452 Free State 7 38 26 92 2% KZN 105 48 220 522 895 18% 926 217 1357 2394 4894 100%

Finalized cases – Current financial year Province Class I Class II Class III Class IV Total Percentage Eastern Cape 47 2 45 29 123 14% Limpopo 14 9 33 69 125 15% Mpumalanga 10 13 34 57 7% Gauteng 11 8 3 24 3% Northern Cape 5 40 71 8% Western Cape 58 67 12 137 16% North West 44 157 234 27% Free State 6 15 31 4% KZN 38 59 213 261 363 861

Finalized cases: Total per province Class I Class II Class III Class IV Total Percentage Eastern Cape 145 7 148 184 484 6% Limpopo 315 31 489 543 1378 16% Mpumalanga 302 32 49 106 Gauteng 15 38 24 92 1% Northern Cape 25 34 221 308 588 7% Western Cape 132 218 586 961 11% North West 11 182 444 686 Free State 13 41 123 KZN 2914 8 282 759 3963 45% 3910 201 1668 2985 8764 Percentages 2% 19% 34%

Closed cases: Unsubstantiated Province Class I Class II Class III Class IV Total Percentage Eastern Cape 70 6 111 142 329 16% Limpopo 32 3 67 149 251 12% Mpumalanga 9 22 37 2% Gauteng 16 13 66 57 152 7% Northern Cape 12 5 87 71 175 9% Western Cape 35 256 371 18% North West 42 4 98 239 383 19% Free State 11 123 205 10% KZN 79 27 31 140 306 43 604 1090 2043

Closed cases: Substantiated Province Class I Class II Class III Class IV Total Percentage Eastern Cape 17 10 18 22 67 8% Limpopo 4 3 12 9 28 3% Mpumalanga 1 6 7 14 2% Gauteng 19 21 29 79 10% Northern Cape 5 39 43 90 11% Western Cape 11 64 171 260 32% North West 142 178 22% Free State 15 52 6% KZN 30 38 5% 107 53 197 449 806

Closed cases: Dismissed Province Class I Class II Class III Class IV Total Percentage Eastern Cape 2 5 24 31 4% Limpopo 3 37 58 98 13% Mpumalanga 10 15 25 3% Gauteng 1 6 28 40 5% Northern Cape 17 33 Western Cape 7 91 272 376 50% North West 4 42 88 134 18% Free State 8 1% KZN 0% 20 232 483 745

Closed cases: Unfounded Province Class I Class II Class III Class IV Total Percentage Eastern Cape 1 0% Limpopo 3 8 11 5% Mpumalanga 2 9 Gauteng 5 16 7% Northern Cape 13 Western Cape 14 21 128 176 76% North West Free State KZN 15 37 164 231

Closed cases: Withdrawn Province Class I Class II Class III Class IV Total Percentage Eastern Cape 1 2 3 6 2% Limpopo 4 1% Mpumalanga Gauteng 17 11 31 10% Northern Cape 9 86 60 158 53% Western Cape 12 39 62 21% North West 15 10 29 Free State KZN 0% 5 137 126 297

Closed cases: Resolved Province Class I Class II Class III Class IV Total Percentage Eastern Cape 13 3% Limpopo 5 10 15 4% Mpumalanga 1 4 1% Gauteng 2 3 Northern Cape 144 68 214 57% Western Cape 7 114 122 32% North West 0% Free State KZN 158 211 376

Closed cases: Total per province Class I Class II Class III Class IV Total Percentage Eastern Cape 90 16 136 205 447 10% Limpopo 36 9 128 234 407 9% Mpumalanga 10 26 60 96 2% Gauteng 29 42 141 109 321 7% Northern Cape 21 19 376 270 686 15% Western Cape 69 52 266 980 1367 30% North West 55 18 173 479 725 16% Free State 6 91 148 271 6% KZN 3 28 38 178 4% 445 165 1365 2523 4498 Percentages 56%  

Post Mortems Province Attended Not Attended Total Percentage Eastern Cape 33 1 34 97% Limpopo 32 100% Mpumalanga 16 Gauteng 99 12 111 89% Northern Cape 6 Western Cape 39 28 67 58% North West 40 70% Free State 20 26 77% KZN 3 36 92% 306 62 368 83%

Scenes Province Attended Not Total Percentage Eastern Cape 36 8 44 82% Limpopo 48 100% Mpumalanga 22 1 23 96% Gauteng 112 3 115 97% Northern Cape 7 Western Cape 60 13 73 North West 14 15 29 48% Free State 24 27 89% KZN 85 92 92% 408 50 458

Recommendations - DPP Province Class I Class II Class III Class IV Total Percentage Eastern Cape 37 17 54 12% Limpopo 46 1 8 55 13% Mpumalanga 4 3 7 2% Gauteng 16 4% Northern Cape 12 150 162 37% Western Cape 61 2 68 16% North West Free State 5 1% KZN 24 28 52 213 219 436

Court attendance Province Class I Class II Class III Class IV Total Percentage Eastern Cape 20 3 1 24 6% Limpopo 82 83 21% Mpumalanga 37 40 10% Gauteng 5% Northern Cape 2 14 18 4% Western Cape North West 11 17 28 7% Free State 38 4 42 KZN 87 36 128 32% 315 78 401

Recommendations – SAPS/ MPS Province Class I Class II Class III Class IV Total Percentage Eastern Cape 7 9 1 17 3% Limpopo 5 2 3 11 2% Mpumalanga 0% Gauteng 15 Northern Cape 4 6 18 Western Cape North West 31 13 122 303 469 75% Free State 44 71 11% KZN 12 90 64 153 322 629

Disciplinary hearings Province Class I Class II Class III Class IV Total Percentage Eastern Cape 1 2% Limpopo 8 2 11 21% Mpumalanga 0% Gauteng 6 7 13% Northern Cape 5 9% Western Cape 4% North West Free State 3 KZN 12 9 22 42% 34 15 53

Anti-Corruption Command (ACC) In the 2006/7 financial year A staff complement of 4 posts Provide services in provinces Received 64 cases of corruption by SAPS/MPS 31 substantiated 33 closed as unsubstantiated/unfounded 24 investigations continuing 2 cases in court 1 dept. case o/standing for collusion in escape 2 await DPP decision & 1 DPP declined prosecution I female EMPS dismissed dept. for accepting a bribe Project investigation on missing firearms from DMPS

High profile investigations Some of the instances of abuse of power SAPS Warrenton: An Inspector is out on bail and faces a charge of rape of a suspect at the police station. DNA results outstanding SAPS Volksrust: A female suspect arrested for drunkenness; was incarcerated in a male holding cell where she was repeatedly raped by more than 4 inmates; 2 members are on suspension for the incident

Convictions Province Class I Class II Class III Class IV Total Percentage Eastern Cape 1 2 3 5% Limpopo 6 9% Mpumalanga 2% Gauteng Northern Cape 4 Western Cape North West 8 11 20 42 65% Free State KZN 0% 24 16 22 65

Acquittals Province Class I Class II Class III Class IV Total Percentage Eastern Cape 0% Limpopo 9 3 12 20% Mpumalanga Gauteng 5% Northern Cape 1 4 8 13% Western Cape 2% North West 24 40% Free State 7% KZN 5 2 31 18 7 60

Investigative training Two training sessions were conducted September 2006 29 investigators trained in basic investigations skills such as crime scene management, statement taking, report writing, etc February 2007 68 investigators attended training on Database Financial investigations – presented by AFU Role and prevention of money laundering and corruption presented by Financial intelligence Centre

Priorities - 2007/8 Upgrading salaries of investigators Establish 2 satellite offices (Richards Bay and Mthatha) Implementation of the revised targets developed from the business process project Review all Standard Operating Procedures Review Protocol with MPS re investigation of criminal offences Compilation of an investigation manual for newly appointed investigators

PROGRAMME 3: Information Management System Ms N Sihlezana

OBJECTIVE Information Management and Research is to maintain a current complaints register, allocate and follow – up on cases and oversee the implementation of DVA and analyze all information on the database, producing at least 3 reports (2 – research reports and 1 – workshop) annually recommending interventions to enhance human rights focused service delivery in policing. Further, to improve the management of information through technology and the dissemination of information in order to market the organization to various stakeholders

PERFORMANCE 2006/2007 1. COMPLAINTS CASE INTAKE: 80% of new cases are captured and processed within 48 hours Improvement on feedback to clients; from 30 days to 7 days Streamlined business process project which was conducted during August to November 2006, resulting in an improved updating of the database; from 60% to 75% All line staff in the provinces (both investigators and case analysts) were trained on the complaints registry process, database management, registering cases on the database, and, the training is still continuing on an ad hoc basis and on an one-on-one basis.

2. COMMUNICATION AND MARKETING: Prompt media responses – time taken to respond to media enquiries is within the 1 hour of receipt and we do meet the target. ICD Marketing Activities – target of 12 activities per province exceeded in some provinces. (There is still more work to be done and a need to market ICD in rural communities. Need to look at how to utilize MPCC (Multi Purpose Community Centers) - to market ICD and its services Partnerships - Considering partnerships with Business Against Crime and other stakeholders 3. PRODUCTION OF WORKSHOP: Target met - the said workshop is scheduled to take place on 28 March 2007

4. PROACTIVE OVERSIGHT 2006/ 2007: 4.1 Research Production of qualitative reports containing recommendations – target met Two research reports have been conducted. The first research report was done by ICD. The topic of the research report: Investigation of deaths as a result of police action in KwaZulu-Natal, Gauteng and the Eastern Cape Rationale of the research – although the last few years have witnessed a significant decline in deaths as a result of police action and deaths in police custody the number of such deaths remained relatively high in the 3 provinces Findings – will be discussed in the workshop on 28th March 2007 The second research report is done by ICD in collaboration with the ISS. We are still Busy with the research which should be completed by April 2007. The topic of the Research: Compliance with ICD recommendation by the SAPS

4.2 Station audits Various ICD provincial offices conducted station audit to determine the level of compliance with DVA – target has been met and in some provinces exceeded. Workshops – Four workshops were conducted with SAPS in order to equip their members better in terms of the ICD’s mandate to monitor the implementation of the DVA.

5. MONITORING THE IMPLEMENTATION OF THE DVA: 100% applications for exemption (DVA) processed within 30 days of receipt 100% of DVA cases of non-compliance processed and monitored During this calendar year the ICD received 46 cases of non-compliance during the first semester and 58 cases during the second semester It is interesting to note that whilst a number of such cases of non-compliance were recorded across all provinces, a minimal number of applications for exemption, from internal prosecution, was received Both reports have been produced and the report with regard to the second semester will soon be tabled

INFORMATION TECHNOLOGY (IMS) 6. IMPROVED FEEDBACK TO COMPLAINANTS: (In the process to link “SMS’s” with the Case Management System. Complainants will be contacted through cell phone “sms’s” with regard to the progress on their cases rather than phoning them or calling them to the office) Remote electronic connection for Investigators and staff (Sought to empower investigators by taking statements and printing it in the field) Intranet – We have finalized the intranet and it will go live in April 2007. This tool will enhance communication between the National Office and the Provincial offices and vice versa

OVERVIEW – CASES REGISTERED 2006/2007

Deaths, Criminal offences, Misconduct and DVA per Province 2006/7 Provincial Share Eastern Cape 274 7% Free State 344 9% Gauteng 851 22% KwaZulu-Natal 450 12% Limpopo 293 8% Mpumalanga 282 North West 456 Northern Cape 340 Western Cape 552 14% Total 3 842

Deaths, Criminal offences, Misconduct and DVA Yearly change Province 2005/6 2006/7 Yearly change Eastern Cape 275 274 -0.4% Free State 426 344 -23.8% Gauteng 785 851 7.8% KwaZulu-Natal 497 450 -10.4% Limpopo 301 293 -2.7% Mpumalanga 265 282 6% North West 358 456 21.5% Northern Cape 276 340 18.8% Western Cape 915 552 -65.8% Total 4098 3 842 -6.7%

Case Intake per Classification Case type 2006/7 Class share Death 535 14% DVA 117 3% Criminal 1 242 32% Misconduct 1 948 51% Total 3 842

Case Type - yearly change Class 2005/6 2006/7 Change Death 482 535 10% DVA 25 117 79% Criminal 1265 1 242 -2% Misconduct 2326 1 948 -19% Total 4098 3 842 -7.8%

Deaths - yearly change Province 2005/6 2006/7 Yearly change Eastern Cape 73 59 -24% Free State 45 43 -5% Gauteng 111 129 14% KwaZulu-Natal 102 122 16% Limpopo 31 46 33% Mpumalanga 30 25 -20% North West 32 40 20% Northern Cape 13 10 -30% Western Cape 61 26% Total 482 535 10%

Criminal offences Province 2006/7 Provincial % Eastern Cape 77 6% Free State 120 10% Gauteng 311 25% KwaZulu-Natal 133 11% Limpopo 79 Mpumalanga 71 North West 103 8% Northern Cape 116 9% Western Cape 232 19% Total 1242

Criminal offences - yearly change Province 2005/6 2006/7 Yearly change Eastern Cape 67 77 13% Free State 182 120 -52% Gauteng 259 311 17% KwaZulu-Natal 134 133 -1% Limpopo 96 79 -22% Mpumalanga 73 71 -3% North West 103 0% Northern Cape 90 116 22% Western Cape 261 232 -13% Total 1265 1242 -2%

Misconduct Province 2006/7 Percentage share Eastern Cape 128 7% Free State 154 8% Gauteng 400 21% KwaZulu-Natal 188 10% Limpopo 158 Mpumalanga 181 9% North West 304 16% Northern Cape 198 Western Cape 237 12% Total 1948

Misconduct - yearly change Province 2005 2006 Yearly Change Eastern Cape 135 128 -5% Free State 192 154 -25% Gauteng 415 400 -4% KwaZulu-Natal 261 188 -39% Limpopo 173 158 -9% Mpumalanga 162 181 10% North West 213 304 30% Northern Cape 172 198 13% Western Cape 603 237 -154% Total 2326 1948 -19%

PRIORITIES 2007/2008 ICD Ten Year Celebrations ICD will be celebrating its ten years of existence on 01/04/2007 Research Workshop On 28th April 2007 the ICD will host a workshop on the research findings - recently completed Envisage to join SAPS in the implementation of a designed strategy geared towards decreasing deaths in police custody or as a result of police action DVA Conduct research especially in terms of the DVA to provide a basis for the implementation of lessons and, breaking the barrier of the “culture of silence” around domestic violence

Implementation of Portfolio Committee’s recommendations on DVA, cell inspections and station audits Deployment of Monitors to facilitate cell inspections and stations audits, and tasking some Investigators to investigate DVA cases Forging relationships with NGO’s that deal with Domestic Violence Increased Communication Protocols - SAPS/MPS Strengthen the existing relationship with SAPS Improve coordination of station audits and MPS through effective communication

CHALLENGES Review classification system and capacity of the database to meet the needs of the changing statistical environment Fostering better and coordinated relationships with Social Crime Prevention Stakeholders with the purpose of strengthening cooperation around the ICD’s DVA mandate

Ensure access to and sharing of knowledge resources amongst ICD staff Production of quality research recommendations which are “cutting edge” and innovative Establish a knowledge management system in order to facilitate the accessing and sharing of knowledge resources Revamping ICD Internet - so that we can use it as a platform for marketing ICD nationally

Financial Statements Ms E Verster

Expenditure (Including commitments) Percentage of total expenditure Financial year 2006/7 Budget and Expenditure per Programme to 31 December 2006 Programme Budget R ‘000 Expenditure (Including commitments) Percentage of total expenditure Number of posts 1 Administration 22 777 17 566 35% 63 2 Investigations 29 058 22 290 44% 101 3 Compl. Reg. Mon. & Research 14 071 10 787 21% 67 TOTAL 65 906 50 643 (76,8%) 231

Economic Classification Expenditure per Economic Classification Comparison between 2005/6 and 2006/7 Economic Classification Expenditure for 2005/6 R `000 Budget for 2006/7 Expenditure for 2006/7 (31/12/06) Current payment: - Compensation - Goods & services, Others 30 235 15 257 39 559 24 411 27 422 20 522 Transfers & Subsidies Provincial & Municipal Dept agencies 91 35 25 40 Capital assets Buildings & fixed assets Equipment Software 575 2 618 425 1 729 142 2 000 674 TOTAL 49 236 65 906 50 643

Consultants, Contractors & S/Services 1 459 1 094 Expenditure on certain Goods and Services Comparison between 2005/6 and 2006/7 2005/6 R ‘000 2006/7 (31/12/06) Advertising 692 414 Consultants, Contractors & S/Services 1 459 1 094 Printing & publications 36 82 Resettlement cost 190 238 Leasehold property 392 3 518 Travel & subsistence 4 128 5 024 Venues & facilities 174 111 Bursaries 128 32 Government Motor Transport 1 637 2 386

(Staff structure VS Investigators) Expenditure: Travel and Subsistence per Office Comparison between 2005/6 and 2006/7 Office (Staff structure VS Investigators) 2005/6 R `000 2006/7 (31/12/06) R`000 National Office 80 – 6 1 195 2 230 Eastern Cape 16 – 6 438 607 Free State 14 – 6 265 653 Gauteng 22 – 11 176 367 KwaZulu-Natal 20 – 11 393 666 Limpopo 16 – 7 329 655 Mpumalanga 14 – 6 275 347 Northern Cape 13 – 5 279 624 North West 16 – 6 382 499 Western Cape 20 - 9 396 765

Qualified Report from the Auditor-General - Much progress has been made to date - Interim AG Report confirms improvement 1 Clearing of Suspense Accounts Attention is now given to clear the last of the outstanding R1,2 million of the Disallowance Miscellaneous Account, viz R 326 000, before the close of the current financial year

Qualified Report from the Auditor-General (cont…) 2 Staff debtors 25 debtors were raised during October 2005 due to the clearing of the Conversion Accounts. A few more debts were registered since 2006 Ten debtors have been traced through the Government Pension Fund and letters were sent for collecting the debts One submission for the writing-off of a debt has been put to the Programme Manager: Investigations, for his recommendation Four other debts have been written-off earlier in the financial year and another nine is in the process of being written off Ten debtors still need to be traced

Budgetary allocation Comparing growth in budget from 2005/6 to 2007/8 Programme 2005/6 Expenditure R `000 2006/7 Budget 2007/8 1 Administration 21 743 22 777 (5%) 29 499 (36%) 2 Investigations 21 283 29 058 35 663 (67%) 3 Compl. Reg. Mon & Research 11 480 14 071 (22%) 15 729 (37%) Total 54 506 65 906 (21%) 80 891 (48%)

Financial year: 2007/8 Budget: Satellite offices Requested R 28 million - to open 12 satellite offices Received R 3,9 million - could open at least one s/office Reviewed the proposed staff structure: Reduced 7 members to 4 members Results: Less expenditure in terms of: Compensation of Employees Accommodation Furniture/equipment and vehicles S & T and other expenditure on goods and services Opening 2 satellite offices

Thank you Questions ?