INDEPENDENT COMPLAINTS DIRECTORATE

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INDEPENDENT COMPLAINTS DIRECTORATE

• Ad Hoc Portfolio Committee for Safety and
  Security
• 02 June 2004

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Introduction

• Scope of work of the ICD

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Programme 2

• Investigation of Complaints

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Budget Allocation 2003/2004

• The budget for the Programme Investigation for
  2003/2004 was
• R 16 137 000
• The actual expenditure was the same as the
  allocated budget

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Objectives

• The Programme is tasked with investigation of
• Deaths in police custody and as a result of
  police action
• Misconduct (infractions of disciplinary
  regulations, code of conduct etc)
• Criminal offences (attempted murder, robbery,
  assault, theft etc)
• Investigation of corruption (bribery, organized
  crime etc)

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Indicators/Targets for 2003/4
Outcomes Indicators Targets Progress
Reduced levels of criminality in the SAPS and the MPS Maximum number of days taken to finalize investigation of deaths 180 days The target has been achieved in many provinces but WC and GP Investigative staff complement of 5 and 4 respectively
Maximum number of days taken to finalize investigation of criminal offences, corruption cases and misconduct 90 days Target not achieved Lengthy process of perpetrator identification
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Indicators/Targets for 2003/4
Outcomes Indicators Targets Progress
Percentage of investigation reports finalized within 30 days 70 - deaths 70 - criminal offences 70 - misconduct Target exceeded however not iro update of information on the database
Service delivery improvement Time within which progress must be forwarded to complainants Every 30 days Reports were forwarded monthly in majority of cases
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Indicators/Targets for 2003/4
Outcomes Indicators Targets Progress
Time within which to attend Class 1 scenes Within 2 hours of notification Achieved the target in 88 of notifications
Attendance of crime scenes At least 70 of all reported scenes Target achieved - pockets of non -compliance still exist
Updated database Time within which new information must be updated in database Within 24 hours of receipt Not achieved operate in the field thus network inaccessible
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Outcome of cases

• A brief summary of finalized cases
• Deaths and Criminal offences
• 21 convictions Deaths
• 112,4 years imprisonment
• R54,000 fines
• 6 acquittals Deaths
• 8 convictions Criminal Offences
• 11,6 years imprisonment
• R17,600 fines
• 6 acquittals Criminal Offences
• Disciplinary actions
• 4 convictions
• Fines and dismissals imposed

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Spending Priorities 2004/2005

• Increased intake of criminal complaints
• Increased workload per investigator
• Establishment of Anti Corruption Command
• Focus on high profile/sensitive matters
• An increase in corruption cases
• Corruption cases already referred to us
• Buy and bust operations
• Cross-border theft of vehicles Free
  State/Lesotho (ICD, NIA, SAPS, Scorpions)
• Increased court attendance

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Projects for 2004/2005

• Establish the Anti Corruption Command
• Better control and minimised risk
• A need to appoint skilled specialized
  investigators to undertake projectled
  investigations ( Free State/Lesotho)
• Avoid disruption of activities at provincial
  level
• Secondment of Scotland Yard Investigator
• Partnership with Centre for Business and
  Professional Ethics
• Development of integrity office/function
  (internal)
• Development of ICD Code of Ethics
• Strengthening of internal ethics and integrity

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Budget Allocation 2004/2005

• The allocation for Programme Investigation for
  2004/2005 is R 20 103 000
• Expenditure to date R 1 132 000

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Programme 3

• Information Management and Research

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Objectives

• To maintain a current complaints register,
  allocate and follow-up on cases and, oversee the
  implementation of the DVA and analyse all
  information on the database, producing at least
  five reports annually recommending interventions
  to enhance human rights focussed service delivery
  in policing.
• To improve information management through
  technology and to disseminate information and
  market the organization to various stakeholders.

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Budget for 2003-2004

• Budget allocated R 5 724 000
• Budget spent R 5 656 000

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Output for 2003-2004
OBJECTIVE REMARKS
To make database fully operational The database is almost fully operational. Most ICD provincial offices are registering cases within 24 hours. The updating of case information has tremendously improved. The improvement allows the Head Office to produce consolidated and reliable statistics. A copy of statistical report detailing casework and outcome is attached as an Annexure.
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Output for 2003-2004
OBJECTIVE REMARKS
To attend to clients on arrival Most offices are attending to clients within 30 minutes
To forward acknowledgement letters to clients within 30 days of receipt of complaint This is done generally within 30 days
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Output for 2003-2004
OBJECTIVE REMARKS
To finalize 70 applications for exemptions in terms of DVA More than 70 of such cases are finalized. Fewer applications were received from SAPS and they were all dealt with.
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Output for 2003-2004
OBJECTIVE REMARKS
To conduct workshops for stakeholders This is generally happening. Various workshops on DVA implementation were held around the country during the 16 days of activism of no violence against women and children. A workshop on the use of force by SAPS members was held in April 2003. In January 2004, a continental conference on policing oversight in Africa was held.
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Output for 2003-2004
OBJECTIVE REMARKS
To conduct 4 external audits per provincial office to check compliance with DVA by SAPS Most ICD offices visited quite a number of stations and ensured that DVA is complied with. A structured approach in terms of using an audit instrument will be adopted henceforth.
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Output for 2003-2004
OBJECTIVE REMARKS
To produce four (4) research reports on systemic problems Two research reports were finalized, namely, strategy to reduce deaths and deaths of children in custody. Other types of reports were produced, such as a country report on the status of torture and DVA reports which will soon be tabled before Parliament. A conference report on policing oversight in Africa was also finalized.
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Objectives for 2004/05

• This programme was called Monitoring and Research
  up until March 2004 and consisted of three (3)
  sub-programmes, namely, Complaints Registry,
  Monitoring as well as Research and Development.
  With effect from April 2004, it was integrated
  with the components Information Technology and
  Communication and renamed Information Management
  and Research. The programme Information
  Management and Research basically consists of two
  sub-programmes, namely, Information Management
  System and Research. The sub-programme
  Information Management System is made up of the
  Communications, Information Technology and
  Complaints Registry functions. The sub-programme
  Research is made up of the Research and the
  Monitoring functions.

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Objectives for 2004/05

• To ensure new complaints are received, analyzed,
  processed and registered.
• To maintain a database system which serves as a
  register for all ICD complaints.
• To manage the 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 facilitating 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 pro-active oversight
  activities including research, station audits,
  monitoring, etc. with a view to recommend
  solutions designed to address systemic problems
  in policing.

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Budget for 2004-2005

• Allocation R 1 469 000
• Expenditure April 2004 R 489 000

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Programme 1

• Administration

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OBJECTIVE

• To provide for the overall management of the
  department by rendering the following services
• Financial Management
• HRM
• Provisioning
• Internal Audit
• Auxiliary
• IT
• Communication
• Legal Services
• Security Management

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BUDGET 2003 / 2004

• Allocation R 15 182 000
• Expenditure R 15 181 000

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PERSONNEL STRUCTURE

• Funded Posts 186
• Filled 170 (Including those
• awaiting approval)
• Vacant 16 ( not yet advertised)

National Office 70 (38) Provincial
Offices 116 ( 62)
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PERSONNEL STRUCTURE cont.
Programme 1 57 31
Programme 2 74 40
Programme 3 55 29
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MISCONDUCT CASES 2003 / 2004
NATURE OFFICE RESULT
Dereliction of Duty Mpumalanga Final Written Warning
Contravention of Media Policy Western Cape Demotion and Final Written Warning
Misuse of Official Vehicle Mpumalanga Pending
Facing Criminal Charges, to be prosecuted shortly Western Cape Suspended
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HUMAN RESOURCE DEVELOPMENT

• BURSARIES (2003)
• Bachelors Degrees 16
• Diplomas 4
• TRAINING PER SALARY LEVEL
• Level 1 5 40
• Level 6 9 71
• Level 9 15 37

Passed 4 Failed 9 Withdrew 6 Pending
Results 1
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OUTPUT 2003 / 2004

• Interns 17 (5)
• IT Skills and Network
• Upgraded
• Subsidised Cars Increased from 7 to 13
• Audit Report Unqualified (3 fiscals)
• Special Programmes EAP Service Provider
• acquired
• Security Management Upgraded (e.g. access
  cards)

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OBJECTIVE 2004 / 2005

• Provide overall management of the Department
  by rendering the following services
• Financial Management
• HRM
• Supply Chain Management
• Internal Audit
• Security Management

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KEY PROJECTS 2004 / 2005

• Full implementation of function Supply Chain
  Management
• Partnership with the Centre for Public Service
  Innovation

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BUDGET 2004 / 2005

• Allocated R 12 564 000
• Expenditure April 2004 R 914 000

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Overview by the CFO
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Expenditure as at 31 March 2004
Programme Budget Expenditure
R000 R000
P1 15 182 15 181
P2 16 137 16 137
P3 5 724 5 656
Total 37 043 36 990
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Focus Areas for MTEC

• Corporate Governance
• Risk Management
• Pro-active oversight (P3)

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Budget allocation for 2004/05
Programme Budget 2004/05 Budget 2005/06 Budget 2006/07
P1 Administration R12 564 000 R13 366 000 R14 244 000
P2 Investigation of Complaints R20 103 000 R22 358 000 R23 866 000
P3 Information Management and Research R 9 447 000 R10 798 000 R12 082 000
Total R42 114 000 R46 522 000 R50 192 000
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Conclusion

• Adv. KD McKenzie