1. INDEPENDENT COMPLAINTS DIRECTORATE (ICD) ANNUAL REPORT FOR 2011/12
INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE
BRIEFING TO THE PORTFOLIO COMMITTEE ON POLICE
INDEPENDENT COMPLAINTS DIRECTORATE (ICD) ANNUAL REPORT FOR 2011/12
09 and 10 October 2012
Parliament, Cape Town

2. STRUCTURE OF THE PRESENTATION
Briefing to the Portfolio
Committee on Police
ICD Annual Report 2011/12
Subject
Slide
Introduction
Overview of the 2011/12 service delivery environment 3
Key strategic achievements 4
Overview by the Acting Executive Director
5 – 7
Programme performance
Programme 2: Complaints processing, Monitoring and Investigation
8 – 18
Programme 3: Information Management and Research
19 – 28
Programme 1: Administration
29 – 35
Financial performance: Chief Financial Officer
36 – 45
Conclusion 46

3. OVERVIEW OF THE 2011/12 STRATEGIC OBEJECTIVES (SERVICE-DELIVERY ENVIRONMENT)
The ICD’s 2011 to 2016 strategic plan identified four key areas in which to improve service delivery: 
Effectively investigate criminal offences committed by members of the SAPS and the municipal police services
Report and monitor recommendations that were made in respect of members of the SAPS and the municipal police services resulting from investigations conducted by the ICD
Improve reporting and accountability practices
Develop policy, reporting frameworks and standard operating procedures to regulate investigations.

4. KEY STRATEGIC ACHIEVEMENTS
Finalisation of new legislative framework
Independent Police Investigative Directorate Act, Act No. 1 of 2011: Signed into law by the President on 12 May 2011.
The implementation date was proclaimed for 1 April 2012 after the approval of the IPID Regulations by the Minister of Police. 
Prioritisation of serious cases (deaths that occur in police custody / as a result of police action)
Resulted in 90% of these cases being finalised in 2011/12. This exceeded the target of 65%.
Reduction of backlog
In 2011/12, the ICD made significant progress towards reaching its target to carry over only 10% of cases from one year to the next.
The directorate made good progress by reducing the backlog and as a result it will carry over only 550 cases. This is in contrast to 2010/11 when cases were carried over into the current reporting period. This amounts to a 50% reduction.
Increased public awareness
The directorate held 279 outreach events in 2011/12 to raise public awareness of the ICD’s activities and responsibilities. The target for this strategic objective was 260 events.
The ICD also stepped up its efforts to communicate its activities to the media by issuing 62 statements on cases and holding media briefings in various parts of the country.

5. OVERVIEW BY THE ACTING EXECUTIVE DIRECTOR
The ICD received an unqualified report from the Auditor-General for the third consecutive year. In addition thereto, the ICD completed –
90% of its investigations of deaths in custody or as a result of police action, exceeding the target of 65% by 25%;
86% of its investigations into cases of criminality against members of the SAPS, exceeding the target of 55% by 31%; and
98% of its investigations of cases of misconduct against members of the SAPS, exceeding the target of 55% by 43%.
4 923 cases were received during the period under review, of which -
720 cases were notifications of deaths in police custody and deaths as a result of police action
88 cases were domestic violence non-compliance matters
2 320 cases were allegations of criminal offences
1 795 cases were allegations of misconduct alleging contravention of police standing orders and regulations

6. OVERVIEW BY THE ACTING EXECUTIVE DIRECTOR (cont)
The proportion of cases, in percentage terms, that ICD dealt with is as follows -
deaths amounted to 15 %
domestic violence non-compliance amounted to 2 %
criminal offences amounted to 47%
misconduct amounted to 36 %
If you compare how these numbers have changed relative to the year before, you will note that –
deaths decreased by 10%, from 797 to 720
domestic violence non-compliance matters decreased by 14% from, 102 to 88 cases
Criminal offences decreased by 7%, from to 2 320
Misconduct complaints decreased by 14%, from to
Overall there was an 16% decrease across the board cases were received in 2010/11 compared to cases that were received in 2011/12.
All provinces except for Eastern Cape and Mpumalanga experienced overall decreases ranging from 15% to 27%. (The Eastern Cape and Mpumalanga experienced increases of 9% and 18% respectively.)

7. OVERVIEW BY THE ACTING EXECUTIVE DIRECTOR (cont)
545 recommendations for prosecution were made to the Directorate of Public Prosecutions (DPP).
1 276 recommendations were made to SAPS management in respect of disciplinary action.
ICD investigators spent 1202 days in courts or disciplinary tribunals.
36 convictions in the courts, with sentences ranging from fines to a life sentence and there were 38 criminal acquittals.
90 convictions emanating from disciplinary processes were obtained and there were 5 departmental acquittals.
Other cases are still pending finalisation in the courts and disciplinary tribunals.

8. Service delivery objectives and indicators
Performance Information
Programme 2
Performance Information
Strategic objective
Measure/Indicator
Actual performance against strategic objective
Reason for variance
Target
Actual
Register and allocate all new cases within 48 hours of receipt
Percentage of complaints registered and allocated within 48 hours
100%
(5 450)
91%
4 499 cases registered and allocated within 48 hours out of received
Target not met in Western Cape and Gauteng due to capacity constraints
Investigate deaths in custody or as a result of police action
Percentage of investigations of deaths in custody or as a result of police action completed
65%
(470)
90%
839 investigations completed out of a workload of 932 ( )
Target exceeded
Investigate and/or monitor complaints of criminality
Percentage of investigations of criminality completed
55%
(1 100)
86%
2 497 investigations completed out of a workload of 2 912
( )
Investigate and/or monitor complaints of misconduct
Percentage of investigations of
misconduct completed
98%
2 031 investigations
completed out of a
workload of 2 072
( )
Monitor the implementation of the Domestic Violence Act
Number of police stations audited for compliance with the Domestic Violence Act
108
222
Percentage of applications for exemption in terms of the Domestic Violence Act completed within 30 days
100
(50)
99%
109 applications for exemption completed out of a workload of 110
Target not met

9. Workload : Backlog and new cases
Programme 2
Performance Information

10. Workload by classification
Programme 2
Performance Information

11. Performance Information
Completed cases
Programme 2
Performance Information

12. Performance Information
Cases of death in custody and as a result of police action : target 65%
Programme 2
Performance Information

13. Criminal cases : target 55%
Programme 2
Performance Information

14. Misconduct cases : target 55%
Programme 2
Performance Information

15. Recommendations to the Director of Public Prosecutions
Programme 2
Performance Information

16. Recommendation to SAPS
Programme 2
Performance Information

17. Performance Information
Criminal Convictions
Programme 2
Performance Information
Province
Death cases
Criminal cases
Total
Eastern Cape -
Free State 2 3 5
Gauteng 1
KwaZulu-Natal 4
Limpopo
Mpumalanga
North West- 9 11
Northern Cape 6 7
Western Cape 13 23 36

18. Performance Information
Criminal acquittals
Programme 2
Performance Information

19. Service delivery objectives and indicators
PERFORMACE INFORMATION
Programme 3
Performance Information
Strategic objective
Measure/Indicator
Actual performance against target
Reason for variance
Target
Actual
Promote public awareness of the ICD/IPID role and services
Number of community awareness and outreach programmes launched
260
279
Target exceeded
Number of updates to departmental web site
ongoing 62
Fifty eight media statements and four media advisories were posted on the departmental website
Conduct proactive research
Number of research projects and recommendation reports compiled 3 2
Target not met due to capacity constraints
Establish efficient information systems to support strategic business objectives
Develop effective and efficient information and communication technology (ICT) systems
Revised and approved ICT operational plan Implement 15% of ICT operational plan
ICT operational plan was revised and approved. 15% of ICT operational plan was implemented
Target met

20. Complaints and notifications received: 2011/12
Programme 3
Performance Information
Provinces
Death
DVA
Criminal
Misconduct
Total
Eastern Cape
107 10
147 87
351
Free-State 47 9
263
243
562
Gauteng
189 16
440
293
938
KwaZulu-Natal
180 4
219 81
484
Limpopo 56 3
216
181
456
Mpumalanga 45
142
433
North West 28 7
174
245
454
Northern Cape 14
270 97
388
Western Cape 54 29
348
426
857
Grand Total
720 88
2 320
1 795
4 923

21. Comparison: Intake 2010/11 vs 2011/12
PERFORMACE INFORMATION
Programme 3
Performance Information
Class
2010/2011
2011/2012
Yearly change
Deaths
797
720
-10%
Domestic Violence
102 88
-14%
Criminal
2493
2320
-7%
Misconduct
2477
1795
Total
5869
4923
-16%

22. Total cases intake 2011/2012-yearly change
PERFORMACE INFORMATION
Programme 3
Performance Information
Total cases intake 2011/2012-yearly change
Provinces
2010/2011
2011/2012
Yearly change
Eastern Cape
322
351 9%
Free-State
766
562
-27%
Gauteng
1169
938
-20%
KwaZulu-Natal
570
484
-15%
Limpopo
581
456
-22%
Mpumalanga
366
433
18%
North West
590
454
-23%
Northern Cape
499
388
Western Cape
1006
857
Total
5869
4923
-16%

23. Performance Information
Yearly changes of deaths in police custody and as a result of police action
PERFORMACE INFORMATION
Programme 3
Performance Information
Yearly changes of deaths in police custody and as a result of police action
Deaths
2010/2011
2011/2012
Percentages change
Deaths in police custody
257
232
-10%
Deaths as a result of police action
540
488
Total
797
720

24. Deaths in police custody and as a result of police action per province
PERFORMACE INFORMATION
Programme 3
Performance Information
Deaths in police custody and as a result of police action per province
Province
2011/2012
Percentages
Eastern Cape
107
15%
Free State 47 7%
Gauteng
189
26%
KwaZulu-Natal
180
25%
Limpopo 56 8%
Mpumalanga 45 6%
North West 28 4%
Northern Cape 14 2%
Western Cape 54
Total
720
100%

25. Deaths in police custody by circumstances
PERFORMACE INFORMATION
Programme 3
Performance Information
Deaths in police custody by circumstances
Short description
Number
Percentages
Injuries sustained in custody 79
34%
Injuries sustained prior to custody (vigilantism) 48
21%
Natural causes
105
45%
Total
232
100%

26. Circumstances of deaths as a results of police action
PERFORMACE INFORMATION
Programme 3
Performance Information
Circumstances of deaths as a results of police action
Circumstances
Number
Percentage
A suspect died during the course of a crime
110
22%
A suspect died during the course of an escape 13 3%
A suspect died during the course of an investigation 34 7%
A suspect died during the course of arrest
249
51%
An innocent bystander died during commission of a crime 9 2%
An innocent bystander died during the course of an escape of another 5 1%
Domestic Violence related and off-duty deaths 18 4%
Negligent handling of a firearm leading to a death 22
Negligent handling of a vehicle leading to a death 28 6%
Total
488
100%

27. Total criminal cases per province-yearly change
PERFORMACE INFORMATION
Programme 3
Performance Information
Total criminal cases per province-yearly change
Province
2010/2011
2011/2012
Yearly change
Eastern Cape
146
147 1%
Free State
267
263
-1%
Gauteng
418
440 5%
KwaZulu-Natal
190
219
15%
Limpopo
302
216
-28%
Mpumalanga
214
243
14%
North West
174
-19%
Northern Cape
304
270
-11%
Western Cape
438
348
-21%
Total
2493
2320
-7%

28. Total misconduct cases per province-yearly change
PERFORMACE INFORMATION
Programme 3
Performance Information
Total misconduct cases per province-yearly change
Province
2010/2011
2011/2012
Yearly change
Eastern Cape 60 87
45%
Free State
448
243
-46%
Gauteng
546
293
KwaZulu-Natal
126 81
-36%
Limpopo
216
181
-16%
Mpumalanga 94
142
51%
North West
333
245
-26%
Northern cape
169 97
-43%
Western Cape
485
426
-12%
Total
2477
1795
-28%

29. STAFF COMPLEMENT : Per Programme
Performance Information
PROGRAMMES
NUMBER OF POSTS
NUMBER OF POSTS FILLED
NUMBER OF VACANCIES
VACANCY RATE (%)
PROGRAMME: 1
Administration
101 93 8
7.9
PROGRAMME: 2
Complaint Processing, Monitoring and Investigation
158
144 14
8.9
PROGRAMME: 3
Information Management and Research 44 42 2
4.5
TOTAL
303
279 24
Turnover rate = 11%

30. Service delivery objectives and Indicators
Programme 1
Performance Information
STRATEGIC OBJECTIVE
MEASURE / INDICATOR
ACTUAL PERFORMANCE AGAINST TARGET
REASONS FOR VARIANCE
Target
Actual
Evaluate the effectiveness of internal controls and ensure the ICD’s compliance with applicable prescripts
Number of internal audit reviews conducted
16 audit reviews 32
Target exceeded. The 32 reviews include audits of all provincial offices as well as 8 follow up audit reviews
Establish a corporate governance component
Number of performance monitoring and evaluation reports submitted
Component yet to be established
The unit will be established on 1 April 2012 under IPID
Timely identification and effective mitigation of risks in the department
Number of risk management reports submitted 16
Target met
Encourage ethical behavior by staff and prevent corruption and fraud
Number of ethics and integrity workshops held 10 9
Target not met

31. Service delivery objectives and Indicators
Programme 1
Performance Information
STRATEGIC OBJECTIVE
MEASURE / INDICATOR
ACTUAL PERFORMANCE AGAINST TARGET
REASONS FOR VARIANCE
Target
Actual
Ensure effective and
efficient financial
planning, management
and accounting services
according to best practice
Number of expenditure
reports submitted 16
Target met
Implement government’s
strategy on asset
management in line with
the prescripts of the Public
Finance Management Act
Number of asset
verifications and updates of
Asset Register completed 4

32. Service delivery objectives and Indicators
Programme 1
Performance Information
STRATEGIC OBJECTIVE
MEASURE / INDICATOR
ACTUAL PERFORMANCE AGAINST TARGET
REASONS FOR VARIANCE
Target
Actual
Ensure efficient
management of the
minimum information
security standard and
compliance with the
security risk management
policy
Number of security audits
conducted 10 15
Target exceeded –
Component managed to
audit all 9 provincial offices
and 6 satellite offices.
The audits at the satellite
offices were not planned
but the component felt
that there was a need
to audit these offices to
determine the level of
security compliance in
order for security systems
to be installed
Number of workshops on minimum information security standard and security risk management policy 11
Target exceeded.

33. Service delivery objectives and Indicators
Programme 1
Performance Information
STRATEGIC OBJECTIVE
MEASURE / INDICATOR
ACTUAL PERFORMANCE AGAINST TARGET
REASONS FOR VARIANCE
Target
Actual
Reduce vacancy rate by effectively administering the recruitment, selection and appointment of employees and develop and implement a retention policy to retain skilled personnel
% vacancy rate
Below 10%
7.9%
Target met
Increase compliance with prescribed equity and employment of people with disabilities
% of people with disabilities 2% 1%
Target not met. The ICD had 4 employees with disabilities. One employee left the department. People with disabilities do not always apply for posts even though the adverts indicate that the Directorate promotes representivity in terms of race gender and disability
% females at senior and top management level
50%
35%
Target not met. Posts designated for filling by women candidates were created in the new organisational structure to be filled in the next financial year

34. Service delivery objectives and Indicators
Programme 1
Performance Information
STRATEGIC OBJECTIVE
MEASURE / INDICATOR
ACTUAL PERFORMANCE AGAINST TARGET
REASONS FOR VARIANCE
Target
Actual
Improve service delivery by revitalising the Batho Pele programme
Number of updates of service delivery improvement plan 1
Target met. The Service Delivery Improvement Plan is developed once a year
Number of awareness sessions to monitor implementation of the service-delivery improvement plan 10 12
Target exceeded
Develop, manage and ensure effective implementation of human resource and organisational policies and strategies
% of policies evaluated and updated annually
70%
Target met
Manage and monitor the training and skills development of employees, as well as learnership and internship programmes
Number of skills development programmes implemented
60 training programmes coordinated and monitored 65
% of interns in total staff complement
5% internships
3.5%
Target not met due to the appointment of nine interns in permanent posts by 31 March 2012 which reduced the actual percentage of interns in the total staff complement

35. Service delivery objectives and Indicators
Programme 1
Performance Information
STRATEGIC OBJECTIVE
MEASURE / INDICATOR
ACTUAL PERFORMANCE AGAINST TARGET
REASONS FOR VARIANCE
Target
Actual
Coordinate and facilitate employee health and wellness programmes and ensure compliance with occupational health and safety regulations
Number of internal HIV/AIDS awareness campaigns conducted 10 7
Target not met.
Number of team-building sessions conducted 40
Target met.
Promote discipline in the department
% of disciplinary hearings finalised within 90 days
70%
29%
Target not met due to postponements.
% of grievances finalised within 60 days 0%
Capacity constraints in the Labour Relations Component.

36. 2011/12 ICD Budget Allocations
2011/12 AFS Analysis
Budget summary : MTEF Baseline – 2011/12
2010/11
2011/12
% Increase R R
19%

37. ICD Budget Allocations: 2011/12
2011/12 AFS Analysis
PROGRAMME 1
2010/11
Allocation
R’million
2011/12
Compensation of Employees
22.4
29.6
Goods and services
27.2
42.1
Departmental Agency (Transfer)
0.1
Machinery and Equipment 1
1.6
Total for Programme 1
50.7
73.4
PROGRAMME 2
43.5
50.9
20.7
25.6 -
1.7
1.9
Total for Programme 2
65.9
78.4

38. ICD Budget Allocations: 2011/12
2011/12 AFS Analysis
PROGRAMME 3
2010/11
Allocation
R’million
2011/12
Compensation of Employees
6.4
1.0
Goods and services
7.6
0.5
Departmental Agency (Transfer) -
Machinery and Equipment
0.8
0.1
Total for Programme 3
14.8
1.6

39. ICD Detailed Annual Expenditure
2011/12 AFS Analysis
Budget per Programme over the MTEF period
Programme
Actual expenditure
Should have spent
Variance
Administration
99.9%
100%
R1 000
Complaints Processing, Monitoring and Investigations
Information Management and Research -
Total
R2 000

40. AFS Analysis: Overall ICD Expenditure
Explanation:
Only R2 000 of the total budget allocation was reported as under spending
the Department is making efforts to ensure 100% spending
2011/12
Spent
99.9%
R’000
Actual Expenditure
Final Appropriation
Variance
(2)
Comparison to prior financial year:
2011/12
2010/11
2009/10
Spent
99.9%
97.7%
91.2%
R’000
Actual Expenditure
Final Appropriation
Variance
(2)
2 991
10 221
Awaiting invoices
ICD Call Centre, relocation

41. AFS Analysis: ICD Virements
There was an anticipated under-spending of R1  in Programme 2, which was moved through the application of virement to:
Programme 1: Administration (R ) (1.54%) and
Programme 3: Information Management and Research (R ) ( 1.85%).
The net result of the application for virement of R translates to 1.71%. (Max 8%)
Programme 1:
Address shortfall in goods and services from compensation of employees
vacant posts, awaiting job evaluations
Increase office accommodation expenditure
Programme 3:

42. Initiatives to address under-expenditure
2011/12 AFS Analysis
Capturing of payments at SITA
Monthly expenditure reports per responsibility manager:
Spending
Reasons for over/under expenditure
Details on 30 days payments compliance
Monthly Budget Control Committee Meeting
Bi-annual Review of Budget Needs

43. Unauthorised; Irregular; Fruitless and Wasteful Expenditure
2011/12 AFS Analysis
Unauthorised:
None occurred in the current year
Irregular:
Fruitless & Wasteful:
1 case amounting to R1 000, currently under investigation

44. AFS Analysis: Asset Management
Quarterly verifications done (strategic target met)
BAS/LOGIS reconciliations performed monthly
Bar-coded asset management system fully implemented

45. Auditor General Audit Report
2011/12 AG Report
Opinion:
Unqualified – clean opinion
Predetermined Objectives:
Validity: Register and allocate all new cases within 48 hours of receipt
31% of targets not achieved due to capacity constraints during implementation
Compliance with laws and regulations:
HR Plan not in place: Public Service Regulation I/III/B.2(d)
Payments not settled in 30 days: Sec 38(I)(f) PFMA
Investigations:
Public Protector investigation on City Forum Building

46. Conclusion
There was an overall 16% decrease of all cases, notably deaths in police custody and deaths due to police action
There was a substantial reduction of backlog cases - resulting in only 550 cases being carried over into the IPID environment
Most targets in relation to the core function, namely investigations, were exceeded
Measures will be put in place to ensure improved performance in all areas
Comments and proposals by Members of the Portfolio Committee on Police are appreciated and will be taken into consideration to improve practices