INDEPENDENT COMPLAINTS DIRECTORATE Presentation to the Select Committee on Security and Constitutional Affairs 11 April 2005

Introduction

PROGRAMME 1 : ADMINISTRATION

4 OBJECTIVE To provide for the overall management and organisation of the Department Activities Financial Management Human Resource Management Internal Audit Security Management Supply Chain Management Auxiliary Services

5 STAFF COMPLEMENT 2004/05 OfficeTotalP1P2P3Vacancies H/O Gauteng KZN Eastern Cape Northern Cape81340 North West Limpopo Mpumalanga Free State Western Cape Total

6 Misconduct Cases NatureOfficeStatus Failure to attend crime scenes N/C (1)Disciplinary hearing in progress Misuse of government vehicles Mpumalanga (1) W/C (2) GP (1) Disciplinary hearings in WC and MP have commenced Fraudulent qualifications W/C ( 1)Disciplinary hearing finalised. Employee dismissed.

7 Grievances NatureOfficeStatus Not promotedKZNPending

8 Bursary Administration Bursary holders PassedFailedWithdrawalsTerminated (repeating on their own) (refunding)

9 Examples of Courses attended in 2004/05 Project Management Supervision Balanced Scorecard Advanced Project Management Labour Relations Strategic Thinking Minute Taking Report Writing In-house Training for Investigators In-house Training for Case Workers, Case Analysts & Monitors Corruption Prevention on the African Continent

10 Training & Development Courses attended according to levels Level 4 16 Level 5 10 Level 6 2 Level 7 46 Level 8 7 Level 9 17 Level 10 4 Level Level Level 14 1 Total 137/186 = 74%

11 Strategy 2005/2006 Staff Complement OfficeTotalP1P2P3Add. Posts H/O Gauteng KZN Eastern Cape Northern Cape North West Limpopo Mpumalanga Free State Western Cape Total

12 Challenges Full implementation and roll-out of Supply Chain Management (October 2005) Full implementation of the Human Resource Development Plan (HRDP) (November 2005) Continued reduction of vacancy rate. It has dropped from 9.6% in 2003/04 to 3.2% in 2004/05 Scarcity of required skills, especially in provinces such as Mpumalanga and Northern Cape. Development of learnerships to address this.

Programme 2: Investigation of Complaints

14 Objectives The objective of the Programme is the investigation of: –Deaths in police custody and as a result of police action –Criminal offences including allegations of corruption –Complaints of misconduct or service delivery Provision of legal advisory services Integrity strengthening

15 Structure The structure of the Programme at National Office: –Programme Manager: Investigations –Senior Manager: Investigations/Legal Services –Manager: Investigations –Manager: Anti-Corruption Command 3x Principal Investigators –Manager: Integrity Strengthening Unit –Assistant Manager: Legal Services

16 Programme Management Programme Management responsibilities: –Crafting of the strategy for the Programme: Investigations –Capacity building Appointment of investigators Identification of training needs, training and development –Development of Standard Operating Procedures –Conclusion of working protocols with key stakeholders SAPS, MPS, DPP etc – Provision of legal advisory services –Strengthening of integrity of our business processes and workforce

17 Review of performance 2004/05 Some high profile cases investigated and their impact: –Katlehong – death of two youths allegedly by Ekurhuleni Metro Police –Salt River – alleged harassment by SAPS –Harrismith – alleged shooting of marchers –Witdraai – alleged shooting of Optel Rooi –Smithfield – alleged rape of detainee in police cells

18 Review of performance 2004/05 (cont) Treasury approved of the option for the Anti-Corruption Command (ACC) and funded it for the three year cycle The ACC established during latter half of the financial year Seconded Metropolitan Police (UK) officer to assist and give technical advice for the establishment of the ACC The ACC has already undertaken a few “Buy and Bust” operations and project- led investigations

19 Review of performance 2004/05 (cont) Legal Services – Provision of legal advisory services to both line function and corporate services – Strengthening of stakeholder relationship with both the SAPS and MPS Strengthening of integrity of officials and work processes – The Manager: Integrity Strengthening commenced duty on 01March 2005

20 Review of performance 2004/05 (cont) Capacity building –Training conducted on firearm competency in terms of the Firearms Control Act –The ICD trainers delivered two in-house refresher investigation training courses during the financial year

21 Priorities for 2005/2006 Training –Compilation of Training Manual for newly appointed investigators –Delivery of in-house training by ICD trainers –Development of ICD Learnerships Stakeholder management –National workshop to review existing protocols with SAPS, MPS and DPP Anti-Corruption Command –Greater awareness of the ACC through successful investigation of reported cases –Undertaking proactive investigation projects

22 Priorities for 2005/2006 (cont) Strengthening of integrity –Development of case studies –1 st draft Code of Ethics for the ICD to be circulated to our stakeholders and staff for comment –Training on ICD Code of Ethics Training on whistle blowing and sexual harassment policies Alignment of all ICD policies with ethics framework Establishment of a separate ethics hotline, fax line and address

23 Challenges Project on preparation of logs indicating increases of workload, backlogs, conviction rates, acquittals etc Review of protocols and strengthening of existing ones with key stakeholders Development of surveys pertaining to rendering of service delivery in Programme 2 Inculcating ethics in all business processes Keeping our investigators at the cutting- edge of our business through effective and relevant training interventions

Programme 3: Information Management & Research

25 Programme description and key activities The vision of this Programme is to make proactive interventions through research and monitoring as well as to create an effective organization with integrated information gathering, processing, sharing and dissemination systems. To this end, the key activities are as follows: –Receiving, analyzing, processing and registering all new complaints –Maintaining a database system which serves as a register for all ICD complaints –Managing the information technology –Managing ICD information and other knowledge resources –Managing all communication and marketing processes –Embarking on proactive oversight activities including research, station visits, monitoring, etc

26 The Programme is divided into five (5) Components Information Technology Communication Library Complaint Registry and Monitoring Research and Development

27 Overview – Case intake for 2004/2005 nationally Overall intake of new cases decreased by 2% compared to 2003/2004 Cases of deaths in police custody or as a result of police action decreased by 6% compared to 2003/2004 Cases of misconduct decreased by 8% compared to 2003/2004 Cases of alleged offences or criminality increased by 18% compared to 2003/2004

28 Analysis of case intake at provincial level during 2004/2005 The following percentages in respect of case intake during 2004/2005 compared to 2003/2004 Gauteng decreased by 28% Eastern Cape decreased by 22% Western Cape decreased by 2% Free State increased by 92% Northern Cape increased by 50% Mpumalanga increased by 22% North West increased by 9% Limpopo increased by 6% KwaZulu-Natal increased by 1% Small provinces experienced an increase while bigger provinces experienced a decline

29 Analysis of case intake ( cont) ► The following represents share percentages of provincial offices in respect of total case intake during 2004/2005 ProvincePercentage Share Eastern Cape6.1% Free State6.9% Mpumalanga7.1% Limpopo8.0% Northern Cape7.6% KwaZulu-Natal12.6% North West9.8% Gauteng20. 2% Western Cape21.7% Total100%

30 Breakdown of intake of cases of deaths at provincial level during 2004/2005 The following represent share percentages of provincial offices in respect of intake of cases of deaths during 2004/2005 Province Percentage share Eastern Cape10,8% Free State5.7% Gauteng22.6% KwaZulu-Natal26.7% Limpopo8.4% Mpumalanga8.2% North West5.8% Northern Cape1.6% Western Cape10% Total100%

31 Breakdown of 6.6% decrease in cases of deaths province by province The following is the breakdown of the 6.6% decrease in case of deaths province by province –Eastern Cape decreased by 18% –KwaZulu-Natal decreased by 13% –Western Cape decreased by 8% –Northern Cape decreased by 8% –Mpumalanga decreased by 7% –Limpopo increased by 6% –Free State increased by 3% –Gauteng increased by 2% –North West remained the same as 2003/2004 Only 3 provinces experienced a slight increase in 2004/2005

32 Dynamics in respect of cases of deaths at provincial level The following depict types of cases of deaths commonly received by various provinces during 2004/2005 –Eastern Cape = Mainly natural causes and few shootings –Free State = Combination of natural causes, suicide and motor collision –Gauteng = Mainly shootings and suicide –KwaZulu-Natal = Mainly shootings –Limpopo = Mainly shooting as well as few natural causes and suicide –Mpumalanga = Combination of shootings and natural causes –North West = Mainly natural causes –Northern Cape = Mainly suicide –Western Cape = Combination of suicide, motor collision and poisoning

33 Output 2004/ % of new cases are captured and processed within 48 hrs SAPS/ICD Committee, established in 2003 – improved analysis of death related cases Improvement on feedback to clients from 30 days to 7 days Finalization of monitored files expedited – 80% of backlog cleared Updating of database improved from 52% to 75% ICD marketing activities - target of 12 per province exceeded in some provinces 100% of applications for exemption (DVA) processed 100% of DVA cases of non-compliance processed and monitored Draft DVA reports and Conference Report on Civilian Oversight completed

34 Proactive oversight 2005/2006 Establishment of fully- fledged Research Unit - Appointment of four (4) Researchers from 1 April Establishment of Reference Group of experts in the research field - quality control - Continuation of partnership with Open Society Foundation Research recommendations to focus on: - SAPS policy improvement - SAPS operations and systems - ICD operational efficiency and effectiveness

35 Pro-Active Oversight (cont) Conducting cell inspections - Identify conditions prone to escalating custody deaths - Deployment / training of ICD Monitors for purpose of cell inspections - Production of a cell inspection instrument - Improved co-ordination of cell inspections Conducting station audits - Check on compliance with DVA - Deployment of Monitors - Improved co-ordination of station audits - Production of a station audit instrument

36 Importance of proactive oversight Research contributes to reform of police policy and practice Pattern analysis result in practical reform and a concomitant increased reduction of misconduct Provides basis for lessons in terms of police practice Important tool in improving training of police

Overview by CFO

38 Expenditure 2004/2005 (Preliminary) ProgrammeBudgetExpenditure R’000 P P P Total

39 Budget 2005/06 vs. Budget 2004/05 Programme2004/052005/06% increase P P P Total

40 Budget 2005/06 P1P2P3Total R’000 GP KZN WC EC NC FS MP LP NW Sub Prov H/O Gross Total

Conclusion