1 INDEPENDENT COMPLAINTS DIRECTORATE Presentation to the Select Committee on Security and Constitutional Development 26 June 2009

2 Introduction Mr E Valoyi

Vision & Mission of the ICD VISION A transformed police service in line with the spirit and purport of the Constitution MISSION To promote proper police conduct VALUES In the spirit of Batho Pele, we shall be guided by the following principles: Ethical conduct, Accountability, Transparency and Professionalism 2

4 Mandate of ICD Section 53(2) of the South African Police Act (Act no 68 of 1995) stipulates that the ICD May mero motu or upon receipt of a complaint, investigate any misconduct, or offence allegedly committed by a member, and may where appropriate, refer such investigation to the Commissioner concerned Shall mero motu or upon receipt of a complaint, investigate any death in police custody or as a result of police action, and May investigate any matter referred to the Directorate by the Minister or member of the Executive Council

5 Mandate of ICD (cont…) Section 18 of the Domestic Violence Act, no 116 of 1998 stipulates that failure by a member of the South African Police Service to comply with an obligation in terms of this Act or the National instructions referred to in subsection(3) constitutes misconduct as contemplated in the South African Police Service Act, and the ICD must forthwith be informed of any such failure reported to the South African Police Service ICD must every six months submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection(4) (a) and set the recommendations made in respect of such matters

6 Programme Structure The Independent Complaints Directorate represents VOTE 20 in the Estimates of National Expenditure The Vote is made up of 3 Programmes Programme 1- Administration : To provide for overall management, police development and organisation of the Independent Complaints Directorate, in line with government prescript Programme 2- Investigation : To investigate cases of deaths in police custody and as a result of police action, the investigation and/or monitoring of complaints of criminality and misconduct. Programme3 –Information Management & Research : To receive, register and process complaints. Provide information and recommendations including the DVA. Conduct research and produce reports and, conducting community awareness programmes

7 Strategic priorities: 2009/12 Increasing Access to the ICD – As part of the initiative to broaden the communities' access to the ICD’s services; - Establish 3 additional satellite offices during 2009/2010 (6 of the 22 identified satellite offices have already been established) - Establish a fully fledged call centre Streamlining ICD programmes - Restructuring Programme 3 - Information Management and Research in order to capacitate Programme 2 - Investigation of complaints. This will increase investigative capacity and ensure that the entire complaints processing is managed within one programme - Implement the Job Evaluation results

8 Reduction of the vacancy rate by 50% (currently 32 vacancies) Achieve EE targets to reach 50% of women at senior management levels and, 2% of people with disabilities Achieve 70% of skills development initiatives Maintain and update the electronic asset management system PROGRAMME 1 : ADMINISTRATION Objectives and measures To provide for the overall management, policy development and organisation of the Independent Complaints Directorate in line with government prescripts

9 PROGRAMME 2 : INVESTIGATIONS Objectives and measures To investigate cases of deaths in policy custody and as a result of police action, the investigation and/or monitoring of complaints of criminality and misconduct - Finalize investigation of deaths in custody and as a result of police action - 60% of notifications received from SAPS/MPS - Finalize investigation of complaints of criminality – 50% of complaints received from SAPS/MPS - Finalize investigation of complaints of misconduct – 50%

10 Register and allocate complaints received, within 48 hours – target 100% Complete applications for exemptions in terms of the DVA, within 30 days – target 100% Audit at least 198 police stations per annum (22 per province) Finalize 3 research projects Conduct at least 240 (26 per province) community awareness programmes PROGRAMME 3 : INFORMATION MANAGEMENT & RESEARCH Objectives and measures Provide for the receipt, registration and processing of complaints and, manage all information and knowledge needs. Conduct proactive research and embark on various proactive oversight activities, manage all communications and marketing activities

MEDIUM TERM EXPENDITURE COMMITTEE (MTEC) REQUEST FOR FUNDING OF THE FINANCIAL YEARS: 2009/2012 Three Policy Options / Funding Proposals were put forward 1 Gradual increase in funding to increase ICD’s accessibility Open up 16 more Satellite Offices – 64 posts Marketing of ICD services to the Community - Provincial staff - 18 posts Upgrade Call Centre and IT database – 5 posts 2 Immediate funding to ensure staff retention and career growth Restructuring to increase the Investigative unit – 36 posts Implement the results of the Job Evaluation process – lower level salary increases - 60 posts 3 Funding to implement the approved establishment posts Funded posts = 270 Additional posts required = 265 posts 11

MEDIUM TERM EXPENDITURE COMMITTEE (MTEC) REQUEST FOR FUNDING OF THE FINANCIAL YEARS: 2009/2012 (CONT…) Financial Implications 12 Policy Options 2009/10 R` /11 R` /12 R` Increase ICD accessibility through 16 Satellite Offices ( 64 posts), Improve marketing ( 18 posts) and communication (call centre - 5 posts) Restructuring to increase Investigative unit ( 36 posts) Implement Job evaluation results ( 60 posts ) Fill unfunded personnel structure (Approved 535 structure posts) Total

13 MEDIUM TERM EXPENDITURE COMMITTEE (MTEC) REQUEST FOR FUNDING OF THE FINANCIAL YEARS: 2009/2012 (CONT…) BUDGETARY CUT AND FUNDING RECEIVED Baseline allocation R ` / / /12 ICD advised on 24 November 2008 of proposed allocation ICD again advised on 15 January 2009 of the amended allocation Final cut of ICD budget due to the economic crisis

Allocations per Programme for the financial years: 2008/9 and 2009/10 Programme2008/9 Budget R` /10 Budget R`000 % budgetary Increase Number of Posts 2008/92009/10 Programme 1 : Administration Programme 2 : Investigation of Complaints Programme 3 : Complaints Registry, Information Management and Research Total

Allocations per Office for the financial years: 2008/9 and 2009/10 Office2008/09 Budget R` /10 Budget R`000 Expenditure to 31/5/09 R`000 Number of Posts 2008/92009/10 Provinces : Eastern Cape (2) Free State (2) Gauteng KwaZulu-Natal (2) Limpopo (2) Mpumalanga Northern Cape (2) North West (2) Western Cape Sub-total National Office Total

CHALLENGES Vastness of Provinces:-Long distances to crime scenes -Inaccessibility of Offices Lack of funding to “restructure” P2 and P3 Unfunded personnel structure (535 posts) Staff retention strategy ineffective due to limiting budget and the flat structure which further negatively impact career growth Increase in SAPS capacity Legislative lacuna Outdated electronic Database/ Case Management System High staff turnover in Support Services (Programme 1) Knowledge transfer to Provinces limited, due to capacity constraint (Programme 1) Lack of segregation of duties (Programme 1) 16

17 Thank you