1. INDEPENDENT COMPLAINTS DIRECTORATE
Portfolio Committee for Safety and Security
24 April 2002

2. Scope of work of the ICD Budget of the ICD
Introduction
Scope of work of the ICD
Budget of the ICD

3. Personnel structure Funded posts: 166 Filled posts: 149
Vacant posts: 17

4. Structure of ICD

5. Disciplinary cases of importance
Nature of misconduct
Office
Progress and sanctions
Corruption – sale of murder case docket to a police officer.
KwaZulu-Natal
The employee is currently on precautionary suspension. The internal disciplinary hearing has commenced. The official has been criminally charged and is currently on bail of R15 000,00.
Allegations of mismanagement.
Western Cape
Investigation has commenced.

6. Training and Development
More than 65 staff attended 23 courses.
Senior Managers will be exposed to financial as well as leadership training.
Bursaries
Eight of 11 bursary holders passed.
Another 10 employees were granted bursaries.

7. Information Technology
Major security improvement.
More hardware and software will be installed and an awareness campaign to improve IT security.
Minimum-security measures prescribed by NIA and SACSA.
eGovernment initiatives currently underway, such as the Gateway Project, require improved security and interoperability.

8. Service Delivery Improvement Programme
Baseline for service delivery in each of the programmes.
Public Service Delivery Week, President’s “Letsima” programme and Imbizo Focus Weeks.

9. Challenges for the financial year 2002/03
Moving away from the FMS to BAS as a step towards accrual accounting.
Exposing the Investigators to more advanced investigative courses to raise the level of competence.
Striving to comply with the Employment Equity Plan.
Reduction of misconduct/grievances.
Raising the level of security awareness amongst staff members.
Engaging in more information sessions to raise the level of HIV/AIDS awareness.
Gearing the IT management system to eGovernment.

10. P2: Investigation of complaints
To investigate deaths in police custody and as a result of police action.
To investigate complaints of police criminality and misconduct.

11. Priority Investigations
Crimes against women (femicide, rape and spousal abuse).
Crimes against children.
Violent crimes e.g. attempted murder, assault with intent to cause grievous bodily harm.
Corruption by police officials, specifically in cases involving theft and/or sale of case dockets and escapes from lawful police custody.

12. Highlights of cases investigated in 2001/02
Crimes against women
SAPS Durban Central (Femicide)
SAPS Claremont (Rape)
Crimes against children
SAPS Mqandule (Assault GBH)
Corruption
SAPS Nelspruit

13. Service Delivery Improvement Programme
Effective use of the database
Provincial Departments of Health
DPP
Forensic Science Laboratory
Preliminary investigations
Full investigations
Crime scenes

14. Challenges for 2002/03
Ethical conduct
Training

15. P3: Research and Development
Complaints Registry
Monitoring
Research and Development

16. Complaints: 01/04/01 –31/12/01 Class Type Total
Deaths in police custody/as a result of police action/MPS
462
Criminal offences committed by members of SAPS/MPS
340
Misconduct committed by members of SAPS/MPS
1 552
Cases falling outside the mandate
1 943
4 297

17. (Class I) Deaths in police custody and as a result of police action from 01/04/2001 – 31/12/2001
Total
Custody
Natural causes 55
Suicide 46
Injuries in custody 17
Injuries prior to custody 21
Possible negligence 6
Other causes of death 41
186

18. (Class I) Deaths in police custody and as a result of police action from 01/04/2001 – 31/12/2001 (continued)
Total
Action
A. Shooting:
During course of arrest
113
During course of a crime 62
During course of investigation 12
During course of escape 13
Other intentional shooting 33
Possible negligence 18
Negligent handling of a firearm 1
B. Other: 24
276

19. (Class III) Serious offences committed by members of the police from 01/04/2001 – 31/12/2001
Total
Abuse of power 18
Arson 2
Assault GBH / attempted murder
178
Attempted murder 29
Common assault 10
Conspiracy 5
Corruption 13
Extortion 1
Fraud
Harassment 8
Indecent assault
267

20. (Class III) serious offences committed by members of the police from 01/04/2001 – 31/12/2001 (continued)
Offence
Total
Instigating/Failure to prevent/stop violence 3
Intimidation 5
Kidnapping
Malicious injury to property 6
Organised crime 2
Other criminal offences
Rape 10
Robbery
Theft 17
Torture 21 73

21. (Class IV) Acts of misconduct by members of SAPS from 01/04/2001 – 31/12/2001
Total
Assault 33
Conceals evidence 1
Crimen injuria 3
Drunk driving 4
Failure to perform duties and responsibilities
199
False accusation of crime 7
Gross discourtesy 9
Intentionally/negligently allowing a prisoner to escape 6
Misappropriates/withholds state property
Neglects duty or performs duty in improper manner
1 232
Other criminal offences
1 502

22. (Class IV) Acts of misconduct by members of SAPS from 01/04/2001 – 31/12/2001 (continued)
Total
Other violations with a motor vehicle 1
Performs an act in contravention of the SAPS Act 20
Performs an act or fails to perform an act which constitutes an offence 14
Racial discrimination 2
Reckless operation of a motor vehicle
Releasing a prisoner without authority
Unfair labour practice
Unlawfully and intentionally partakes of liquor while on duty
Uses unlawful force against a prisoner
Victimisation 6 50

23. Monitoring
“Surprise” visits to police stations were conducted during November 2001 to identify factors or circumstances that promote escapes by suspects from lawful custody.
During the Public Service Week in November 2001 police stations were visited on an unannounced basis due to complaints received of poor service.
During the Imbizo Focus Week several vulnerable communities in rural and farming areas were visited.

24. Research
In an attempt to pro-actively deal with trends and practices, the ICD has completed research projects on the following:
Use of police dogs on civilians
Racism
Stripping of parts from vehicles at police vehicle pounds
Profiling strategy to identify those police members prone to violence

25. Service Delivery Improvement Programme
There is an improvement with regard to the case management system.
The referral of cases to internal components has improved.
The sending of acknowledgement letters to new complainants has improved.
Progress reports to complainants remain a problem, but steps have been taken to address this problem.

26. Challenges for 2002/2003
It is expected that complaints against MPS will rise – challenge is to ensure that the registration of these cases does not adversely affect the current smooth running of the case management system.
Identified research projects for this year, example research on the weaknesses in SAPS Disciplinary Mechanisms, SAPS training.
Implementation of DVA by SAPS remains the biggest challenge.

27. Expenditure as at 31 March 2002 (Preliminary)
Programme
Budget
Expenditure
% of total expenditure
R’000 % P1
10 659
10 881 41 P2
10 290
10 712 40 P3
5 766
5 123 19
Total
26 715
100

28. Breakdown of main administrative expenditure items for 2001/02 per Programme
Total
GG cars
107
706 35
848
Telephone
301
453
326
1 080
Datalines
201
396
243
840
S & T
226
274 31
531
835
1 829
635
3 299

29. Budget allocation for 2002/03
Programme:
Budget: 2001/02
Budget 2002/03
P1: Administration R R
P2: Investigation of complaints R R
P3: Registration & Monitoring of complaints R R
Total R R

30. Conclusion
Adv. KD McKenzie