1. Independent Police Investigative Directorate (IPID)
IPID SECTION 9(n) REPORT
April - September 2013
And
April - September 2014
Independent Police Investigative Directorate (IPID)
12 NOVEMBER 2014
BRIEFING TO THE PORTFOLIO COMMITTEE ON POLICE
Parliament

2. INTRODUCTION
The purpose of this report is to outline the investigative activities of the Independent Police Investigative Directorate for the first six months of the 2013/14 and 2014/15 financial year respectively. The report details the number and type of cases investigated; the recommendations made as well as the outcome of those recommendations, in accordance with Section 9(n) of the IPID Act. This report seeks to present a factual analysis of cases reported in terms of Section 28 of the IPID Act and the recommendations made to address same.

3. MANDATE
In terms of Section 28(1) of the IPID Act, Act 1 of 2011, the IPID is obligated to investigate the following matters:
(a) any deaths in police custody;
(b) deaths as a result of police actions;
(c) any complaint relating to the discharge of an official firearm by any police officer;
(d) rape by a police officer, whether the police officer is on or off duty;
(e) rape of any person while that person is in police custody;
(f) any complaint of torture or assault against a police officer in the execution of his or her duties;
(g) corruption matters within the police initiated by the Executive Director on his or her own, or after the receipt of a complaint from a member of the public, or referred to the Directorate by the Minister, an MEC or the Secretary, as the case may be; and
(h) any other matter referred to it as a result of a decision by the Executive Director, or if so requested by the Minister, an MEC or the Secretary as the case may be, in the prescribed manner.
Section 28(2) of the IPID Act 1 of 2011, the IPID may investigate matters relating to systemic corruption involving the police.

4. INTAKE AND COMPARISON
There was an overall decrease of 3% in the intake of cases as compared with the previous reporting period
The number of assault cases received remained high, however there was a decrease of 11% compared with the previous reporting period, from 1924 to 1718

5. CASE INTAKE IN TERMS OF THE IPID MANDATE
Table 1: Intake comparisons
Percentage changes
Section 28(1)(a)-deaths in police custody
126
127 1%
Section 28(1)(b)-deaths as a result of police action
197
186
-6%
Section 28(1)(c)-complaint of the discharge of official firearm(s)
185
427
131%
Section 28(1)(d)-rape by police officer 53 66
25%
Section 28(1)(e)-rape in police custody 5 13
160%
Section 28(1)(f)-torture 36 52
44%
Section 28(1)(f)-assault
1924
1718
-11%
Section 28(1)(g)-corruption 46 45
-2%
Section 28(1)(h)-other criminal matter
203 54
-73%
Section 28(1)(h)-misconduct 12 20
67%
Section 28(2)-systemic corruption 1
100%
Non-compliance with Section 29 of IPID Act 23 34
48%
Total
2821
2743
-3%

6. DEATH IN CUSTODY AND COMAPRISON
DEATHS IN CUSTODY AND COMPARISON
In case of deaths in custody there is an overall increase of 1%
Eastern Cape accounted for the most increase of 56%
The highest decline occurred in Mpumalanga by 25%

7. INTAKE AS PER SECTION 28 (1)(a)
Table 2: Comparison of deaths in police custody
Province
2013/2014
2014/2015
Percentage changes
Eastern Cape 16 25
56%
Free State 6 5
-17%
Gauteng 32 27
-16%
KwaZulu-Natal 29 30 3%
Limpopo 11 14
27%
Mpumalanga 12 9
-25%
North West 4
25%
Northern Cape 3 2
33%
Western Cape 13 10
-23%
Total
126
127 1%

8. Eastern Cape accounted for the most decline with a 24% decline
DEATHS AS A RESULT OF POLICE ACTION AND COMPARISON
In a case of death as a result of police action there is an overall decline of 6%
Eastern Cape accounted for the most decline with a 24% decline
North West experienced an increase 29%

9. INTAKE AS PER SECTION 28(1)(b)
Table 3: Comparison of deaths as a result of police action
Province
2013/2014
2014/2015
Percentage changes
Eastern Cape 33 25
-24%
Free State 8 7
-13%
Gauteng 54 0%
KwaZulu-Natal 48
Limpopo 12 11
-8%
Mpumalanga 10
-9%
North West 9
29%
Northern Cape 5
Western Cape 19 17
-11%
Total
197
186
-6%

10. COMPARISON OF DEATH AS RESULTS OF POLICE ACTION – INCIDENTS AND NUMBER OF DECEASED
Table 4: Comparison of deaths as a result of police action - Incidents and the number of deceased
Province
Incidents of death
Number of deceased
2013/2014
2014/2015
Eastern Cape 33 25 19 28
Free State 8 7 14 10
Gauteng 54 63 57
KwaZulu-Natal 48 60
Limpopo 12 11 22 13
Mpumalanga 21
North West 9 47
Northern Cape 5 3
Western Cape 17 18
Total
197
186
260
215

11. INTAKE AS PER SECTION 28(1)(c)
Table 5: Comparison of complaint of the discharge of an official firearm(s)
Province
2013/2014
2014/2015
Percentages
Eastern Cape 63 62
-2%
Free State 8 48
500%
Gauteng 11 53
382%
KwaZulu-Natal 36 65
81%
Limpopo 27 23
-15%
Mpumalanga 2 31
1450%
North West 9 15
67%
Northern Cape 6
-33%
Western Cape 20
124
520%
Total
185
427
131%

12. INTAKE AS PER SECTION 28(1)(d)
Table 6: Comparison of rape by police officer(s)
Province
2013/2014
2014/2015
Percentages
Eastern Cape 4 9
125%
Free State 7 0%
Gauteng
KwaZulu-Natal 16 12
-25%
Limpopo 2
Mpumalanga 1
300%
North West 11
1100%
Northern Cape 3
-33%
Western Cape 13
-8%
Total 53 66
25%

13. INTAKE AS PER SECTION 28(1)(d)
Table 7: Comparison of rape by police officer(s) on duty
Province
2013/2014
2014/2015
Percentages
Eastern Cape 1 2
100%
Free State 3
300%
Gauteng 4
-25%
KwaZulu-Natal 5
25%
Limpopo
-200%
Mpumalanga
200%
North West
Northern Cape
Western Cape 7
40%
Total 16 25
56%

14. INTAKE AS PER SECTION 28(1)(d)
Table 8: Comparison of rape by police officer(s) off duty
Province
2013/2014
2014/2015
Percentages
Eastern Cape 3 7
133%
Free State 4
-43%
Gauteng
33%
KwaZulu-Natal 12
-42%
Limpopo 2
200%
Mpumalanga 1
100%
North West 9
900%
Northern Cape
-67%
Western Cape 8 5
-38%
Total 37 41
11%

15. INTAKE AS PER SECTION 28(1)(e)
Table 9: Comparison of rape in police custody
Province
2013/2014
2014/2015
Percentages
Eastern Cape 2
200%
Free State 0%
Gauteng 1
-50%
KwaZulu-Natal 4
400%
Limpopo
Mpumalanga
North West
Northern Cape
-100%
Western Cape
Total 5 13
160%

16. INTAKE AS PER SECTION 28(1)(e)
Table 10: Comparison of rape in police custody by civilian
Province
2013/2014
2014/2015
Percentages
Eastern Cape 1
100%
Free State
Gauteng
-100%
KwaZulu-Natal
Limpopo 0%
Mpumalanga
North West
Northern Cape
Western Cape 2
-50%
Total 3 4
33%

17. INTAKE AS PER SECTION 28(1)(e)
Table 11: Comparison of rape in police custody by police officer(s)
Province
2013/2014
2014/2015
Percentages
Eastern Cape 1
100%
Free State 0%
Gauteng
KwaZulu-Natal 3
300%
Limpopo 2
200%
Mpumalanga
North West
Northern Cape
-100%
Western Cape
Total 9
350%

18. INTAKE AS PER SECTION 28(1)(f)
Table 12: Torture or assault 2014/15
Province
Torture
Assault
Total
Percentages
Eastern Cape 7
186
193
11%
Free State
246
14%
Gauteng 13
245
258
15%
KwaZulu-Natal 17
231
248
Limpopo 86 5%
Mpumalanga 10 78 88
North West 82 4%
Northern Cape
122 7%
Western Cape 5
442
447
25% 52
1718
1770
100%

19. INTAKE AS PER SECTION 28(1)(f)
Table 13: Comparison of torture
Province
2013/14
2014/15
Percentages
Eastern Cape 13 7
-46%
Free State 0%
Gauteng 10
30%
KwaZulu-Natal 11 17
55%
Limpopo
Mpumalanga
1000%
North West 2
-200%
Northern Cape
Western Cape 5
500%
Total 36 52
44%

20. INTAKE AS PER SECTION 28(1)(f)
Table 14: Comparison of assault(s)
Province
2013/14
2014/15
Percentages
Eastern Cape
217
186
-14%
Free State
376
246
-35%
Gauteng
254
245
-4%
KwaZulu-Natal
141
231
64%
Limpopo
105 86
-18%
Mpumalanga 89 78
-12%
North West
135 82
-39%
Northern Cape 94
122
30%
Western Cape
513
442
Total
1924
1718
-11%

21. INTAKE AS PER SECTION 28(1)(f)
Table 15: Breakdown of torture and assault(s) 2014/15
Description
Incident(s)
Percentages
Assault - common
1394
79%
Assault - crowd management 13 1%
Assault - dog attack 4 0%
Assault - indecent
Assault - sexual 3
Assault - torture 52 3%
Assault - with intent to do grievous bodily harm (GBH)
304
17%
Total
1770
100%

22. INTAKE AS PER SECTION 28(1)(g)
Table 16: Comparison of corruption
Province
2013/14
2014/15
Percentages
Eastern Cape 2 4
100%
Free State 10 6
-40%
Gauteng 7 12
71%
KwaZulu-Natal 16 9
-44%
Limpopo
-400%
Mpumalanga 5
North West 0%
Northern Cape 1 3
200%
Western Cape
Total 46 45
-2%

23. INTAKE AS PER SECTION 28(1)(h)
Table 17: Comparison of other criminal matters
Province
2013/14
2014/15
Percentages
Eastern Cape 18 1
-94%
Free State 38 2
-95%
Gauteng 75 22
-71%
KwaZulu-Natal 4
-50%
Limpopo
100%
Mpumalanga 25 3
-88%
North West 10 0%
Northern Cape 7
-30%
Western Cape 5
-77%
Total
203 54
-73%

24. INTAKE AS PER SECTION 28(1)(h)
Table 18: Comparison of misconducts
Province
2013/14
2014/15
Percentages
Eastern Cape 1
-100%
Free State
Gauteng 10
900%
KwaZulu-Natal 4 3
-25%
Limpopo
Mpumalanga 5
400%
North West 0%
Northern Cape
Western Cape 2
-33%
Total 12 20
67%

25. INTAKE AS PER SECTION 28(2)
Section 28(2) of the IPID Act prescribes that the Directorate may investigate matters relating to systemic corruption involving the SAPS/MPS. One matter was reported under the period of review in Gauteng Province.

26. INTAKE AS PER SECTION 33(1)
Table 19: Comparison of non-compliance with Section 29 of IPID Act
Province
2013/14
2014/15
Percentages
Eastern Cape 3 7
133%
Free State 1
200%
Gauteng 10 4
-60%
KwaZulu-Natal 0%
Limpopo
Mpumalanga 8
25%
North West
-100%
Northern Cape 6
17%
Western Cape 2
-200%
Total 34

27. Of the 475 cases 33 have been concluded while 442 are still unresolved
DISCIPLINARY RECOMMENDATIONS TO SAPS/MPS
Recommendations to SAPS increase from 395 in the previous reporting period to 475 in this period, which amounted to 20%
Of the 475 cases 33 have been concluded while 442 are still unresolved
Out of 33 concluded matters, members were found guilty in 26 matters

28. DISCIPLINARY RECOMMENDATIONS
Table 20: Comparison of disciplinary recommendations
Province
2013/14
2014/15
Percentages
Eastern Cape
106 77
-27%
Free State 45 50
11%
Gauteng 17 74
335%
KwaZulu-Natal 27 22
-19%
Limpopo 6
183%
Mpumalanga 39 28
-28%
North West 51 41
-20%
Northern Cape 33
-15%
Western Cape 71
138
94%
Total
395
475
20%

29. STATUS OF DISCIPLINARY RECOMMENDATIONS
Table 21: Status of disciplinary recommendations referred to SAPS-2014/2015
Outcomes of disciplinary matters
Unresolved disciplinary matters
Province
Corrective counselling
Not guilty
Suspension
Guilty
Dismissal from service
Withdrawn by complainant
Voluntary resignation
Disciplinary hearing in process
No disciplinary steps taken
Non Compliance with Sec 30(a)*
Grand Total
Eastern Cape 1 76 77
Free State 3 2 42 50
Gauteng 4 69 74
KwaZulu-Natal 21 22
Limpopo 15 17
Mpumalanga 10 16 28
North West 38 41
Northern Cape
Western Cape 7 5 13
111
138 26 23
416
475

30. CRIMINAL RECOMMENDATIONS TO NPA
Recommendations referred to NPA increased from 485 in the previous corresponding period to 896 in the period under review, which amounted to 85%

31. CRIMINAL RECOMMENDATIONS
Table 22: Comparison of criminal recommendations
Province
2013/14
2014/15
Percentages
Eastern Cape 30 36
20%
Free State 93
195
110%
Gauteng 12 21
75%
KwaZulu-Natal 26 37
42%
Limpopo 54 42
-22%
Mpumalanga 31
48%
North West 51 86
69%
Northern Cape 84
11%
Western Cape
114
355
211%
Total
485
896
85%

32. CONVICTIONS AND ACQUITTALS
Table 23: Comparison of disciplinary convictions
Province
2013/14
2014/15
Percentages
Eastern Cape 4
400%
Free State 8 15
88%
Gauteng 7
100%
KwaZulu-Natal 0%
Limpopo
Mpumalanga 30
3000%
North West 17
325%
Northern Cape 1
Western Cape
-100%
Total 13 74
469%

33. CONVICTIONS AND ACQUITTALS
Table 24: Comparison of criminal convictions
Province
2013/14
2014/15
Percentages
Eastern Cape 5 7
40%
Free State 8
14%
Gauteng 2 1
-50%
KwaZulu-Natal 0%
Limpopo 12
-1200%
Mpumalanga 6
600%
North West
-100%
Northern Cape
-86%
Western Cape 3
200%
Total 35 26
-26%

34. CONVICTIONS AND ACQUITTALS
Table 25: Comparison of disciplinary acquittals
Province
2013/14
2014/15
Percentages
Eastern Cape 1
100%
Free State 8 10
25%
Gauteng 2
200%
KwaZulu-Natal 0%
Limpopo
Mpumalanga 15
1500%
North West 4 3
-25%
Northern Cape
Western Cape
-100%
Total 13 31
138%

35. CONVICTIONS AND ACQUITTALS
Table 26: Comparison of criminal acquittals
Province
2013/14
2014/15
Percentages
Eastern Cape 2 1
-50%
Free State 3 4
33%
Gauteng 0%
KwaZulu-Natal
Limpopo 7
250%
Mpumalanga 5
150%
North West
Northern Cape
100%
Western Cape 10
1000%
Total 9 28
211%

36. Criminal recommendations increased by 85%
CONCLUSION
Intake decreased by 3%
Criminal recommendations increased by 85%
Criminal convictions decreased by 26%
Disciplinary recommendations increased 20%
Disciplinary convictions in 26 matters