INDEPENDENT COMPLAINTS DIRECTORATE

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INDEPENDENT COMPLAINTS DIRECTORATE

• Portfolio Committee for Safety and Security
• 25 October 2006

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Introduction

• Mr L Xinwa

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PROGRAMME 1 Administration

• Mr E Valoyi

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STAFF COMPLEMENT
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STAFF COMPLEMENT (cont)
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VACANCIES AS ON 30 SEPTEMBER 2006
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STAFF PROFILE
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STAFF PROFILE (cont...)
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STAFFING CHALLENGES

• EDs post vacant for almost a year
• Generates a lot of personnel savings
• Loosing critical personnel to SAPS due to their
  new salary dispensation
• Failed to upgrade secretaries from level 4 to 5
  as per DPSA directive
• Cant retain competent staff due to lack of
  growth
• 15 posts became vacant between April and July
  2006
• 4 internal promotions, 11 external promotions

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HRD 2005/2006
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PERFORMANCE REVIEW 2005/2006

• Completed the unique numbering of assets
• Black empowerment companies from 41 to 45
• Black women owned companies 5
• Black owned 7
• Vacancy rates from 9 to 3.9
• Interns 21.6
• 4 Provincial offices upgraded to Director level
• Approval of appointment - up to level 8 -
  decentralized
• Team building session conducted as directed by
  Portfolio Comm.
• Induction courses conducted

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EMPLOYEE WELLNESS PROGRAMME 2005/2006

• Contractual agreement with ICAS
• R144 000 per annum
• Counseling Training
• Staff immediate family members

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MOST COMMONLY PRESENTING PROBLEMS PER TYPE
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UTILISATION OF SERVICE PER OFFICE
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Utilisation of service per office (cont)
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ANALYSIS OF PROBLEMS PER OFFICE ( up to 2nd
quarter 2006)
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Analysis of problems per office (cont )
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PROGRAMME 2 Investigation of ComplaintsMr T
Tshabalala
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• Sam Okudzeto, Chairman of Commonwealth Human
  Rights Initiative's International Advisory
  Committee remarked that the price democracies
  pay for unreformed, unaccountable policing is
  high. Overall human and national security is
  compromised in a global environment often prone
  to terror without and insurgency within. Access
  to justice, already remote for many, is further
  distanced from the population at large. The
  rights of the vulnerable like women, children,
  minorities, refugees and the vast population of
  poor that inhabit the Commonwealth go unrealized.
  Corruption, violence and fear thrive and the rule
  of law remains an aspiration on paper when it
  should be the demonstrable assumption on which
  all people can base their everyday lives

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Revised strategic objectives
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Finalized cases by type
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Finalized substantiated cases all types
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Performance review (cont)

• Integrity Strengthening Unit (ISU)
• Conducted compliance audit into ICD policies
• Drafting of new policies and review of existing
• Gifts register
• Declaration of financial interests for all staff
• Established the ethics hotline and email for
  reporting
• ICD used as a case study ito compliance with MACC
  

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Anti-Corruption Command (ACC)

• In the 2005/6 financial year
• A staff compliment of 4 posts (1 vacant)
• Total of 65 case dockets
• Over 70 referrals from the NACH
• Closed 10 as unsubstantiated
• 3 await DPP decision on prosecution
• DPP declined prosecution in 5
• 10 cases are in court for trial (7 arrested in
  buy and bust blitz)
• P/Maritzburg project-led investigation
• Dismissals in 3 cases (Katlehong, Durban JHB)

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High profile investigations

• Excessive use of force and/or abuse of power
• SAPS Lydenburg Members allegedly used blunt
  objects to assault a detainee who subsequently
  died in custody
• SAPS Kabokweni Six members allegedly assaulted
  suspect in police cells
• SAPS Fort Beaufort Members assaulted suspect
  during his arrest and detained him with his
  injuries. He died in police cells
• SAPS Bushbuck ridge Rape of awaiting trial
  prisoner booked out for questioning
• SAPS Selosesha A member allegedly raped
  ex-girlfriend at his place
• SAPS Motetema Tlhogotlou Alleged rape and
  murder by Station Commander

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Redesign of business process

• Rationale for the project
• Research conducted by POU
• Causes of backlog
• Intended outcomes from the project
• Review strategic objectives
• Standardization of business process
• Overhaul of Standard Operating Procedures
• Conducting of compliance audit and QA by
  provincial management

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Our needs for 2007/8

• Establishment of 12 satellite offices
• Capacity requirements
• 1x Assistant Manager
• 1x Principal Investigator
• 4x (2) Senior Investigator
• 1x Case Analyst
• 1x Database Clerk
• 1x Admin Clerk

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Challenges

• Increased finalization rate of complaints
• Standardization of our business process
• Improved stakeholder relations National and
  Provincial Secretariats, DPP, SAPS DOH
• Recruitment and retention of skilled investigator
• Opening up of satellite offices

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PROGRAMME 3Information Management System

• Ms N Sihlezana

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Purpose

• To ensure that new complaints are received,
  analyzed processed and registered.
• To maintain a database system which serves as a
  register for all ICD complaints.
• To manage information technology in order to
  ensure a smooth operation of all ICD IT systems.
• To consolidate and manage all ICD information
  needs with a view to facilitate access and
  sharing of knowledge and information.
• To manage all communication and marketing
  processes and activities with a view to
  facilitate the dissemination of information and
  promotion of ICD products and services to all
  stakeholders.
• To embark on various Proactive Oversight
  activities including research, station audits,
  monitoring, etc. with a view to making
  recommendations to address systemic problems in
  policing.

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Measurable Objective

• The objective of the Programme Information
  Management and Research is to maintain a current
  complaints register, allocate and follow-up on
  cases and, oversee the implementation of the DVA
  and analyze all information on the database,
  producing at least four reports annually
  recommending interventions to enhance human
  rights focused service delivery in policing.
  Further, to improve the management of information
  through technology and the dissemination of
  information in order to market the organization
  to various stakeholders

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Structure
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Performance 2005/06
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Performance 2005/06 (cont)
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Performance 2005/06 (cont)
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Performance 2005/06 (cont)
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Key Deliverables

• Case Management System
• Information and Communication Technology
  Infrastructure
• Policy support to Minister and HOD
• Budget Vote
• Parliamentary Questions
• Marketing and Publicity Material
• Research
• Information Management
• Library Service
• Information Security

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Key Deliverables (cont)

• 16 Days of Activism for No Violence Against Women
  and Children
• 37 Communities visited
• Monitoring the implementation of the DVA
• Applications for Exemption
• DVA Reports
• Public Service Week
• Reporting and accountability
• Annual Report
• Media statements

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Research Projects

• An investigation into the factors that contribute
  to the backlog of cases at the Independent
  Complaints Directorate
• An analysis of complainants level of
  satisfaction with Independent Complaints
  Directorate services.
• An investigation into the extent of the South
  African Police Services compliance with the
  Domestic Violence Act
• Establishing a cordial relationship between SAPS,
  ICD and civil society Problems and Prospects

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Statistics
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GENDER OF THE VICTIM
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Race of the Victim
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Rank of the accused
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Race of the Accused
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Criminal Offences
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Criminal Offences Yearly Change
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MISCONDUCT
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Criminal Offences by Nature of Allegation
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Cont. Criminal Offences
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ContCriminal Offences.
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Cont Criminal Offences
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Financial Statements

• Ms E Verster

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Budget and Expenditure per Programme 2005/6
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Budget and Expenditure per Economic
classification2005/6
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Expenditure on Goods and Services2004/5 and
2005/6
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Expenditure Travel and Subsistence per
Office2005/6
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Qualified Report from the Auditor-General

• Clearing of Suspense Accounts
• Limited staff in component Finance (8)
• Disallowance miscellaneous account Transfer from
  FMS to BAS (1/10/02), to SCOA
• Only two staff members with knowledge of FMS
• Action Plan to clear the accounts was planned for
  2005/6
• New challenges developed
• - Preparation of documents for four Audits
• Annual Audit by the Auditor-General
• ICD audit for Portfolio Committee
• Forensic audit by the AG for the Portfolio
  Committee
• Audit by the P/S Commission
• - Only one member remained with knowledge of FMS
• Move of documentation and staff to new offices,
  middle 2005
• - Obtained services of a Consultant (limited
  success)

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Qualified Report from the Auditor-General
(cont)

• This year, the action plan received priority
  attention
• Assistance and training was arranged from the
  Office of the ED, on Salary-related Ledger
  Accounts
• On 28 August 2006 a call was logged with the BAS
  Helpdesk to open the Bank Account (Dom) to allow
  manual journals to the amount of R772 979.97 in
  order to clear the Disallowance Miscellaneous
  Account. This account was erroneously debited in
  the process of clearing the Conversion Account.
  For the first time, the Bank Account on BAS now
  balances with the PMG Account (National Treasury)
• Attention is now given to clear the outstanding
  amount of
• R 326 000 in the Disallowance Miscellaneous
  Account

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Response Report from the Auditor-General
(cont)

• Delegations
• The (former) ED delegated the signing authority
  of amounts above
• R5 000 to the CFO, as from 08 July 2005
• The AG regarded this an interim arrangement
  until the new HOD would take over
• In the absence of the CFO, the person appointed
  to act as the CFO automatically continued the use
  of the delegated powers
• The ICDs financial procedures also require that
  a copy of the acting letter accompanies the
  approval to incur expenditure
• After investigation it became clear that the
  transactions to the value of R2 849 423.95 were
  indeed appropriately authorized during the
  absence of the CFO
• The delegations have now been amended and
  approved by the acting ED on 25 July 2006 to
  increase the signing powers of the various
  Responsibility Managers

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Response Report from the Auditor-General
(cont )

• Staff debtors
• The 25 debtors raised during October 2005 were
  due to the clearing of the Conversion Accounts
• Twenty transactions have been investigated to
  determine the status of the accounts and to
  collect the outstanding debts
• Four debts have been written off and another five
  in respect of ex-employees as well as three in
  respect of deceased employees are to be written
  off

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Response Report from the Auditor-General
(cont )

• Disclaimer
• ICDs Audit Committee
• Programme Manager from National Treasury
• Disclaimer unnecessary

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Budget 2006/7Expenditure to 30 September 2006
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Proposed Budget for 2007/8 and 2008/9to MTEC
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Proposed Budget for 2007/8 and 2008/9to MTEC
(cont)
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Proposed Budget for 2007/8 and 2008/9to MTEC
(cont)
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Proposed Budget for 2007/8 and 2008/9to MTEC
(cont)
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Thank you

• Questions ?