independent complaints directorate presentations to the portfolio committee on safety and security...

INDEPENDENT COMPLAINTS DIRECTORATE

Presentations to the Portfolio Committee on Safety and Security

on 2 and 14 November 2007

Introduction

Mr P Mongwe

PROGRAMME 1 : Administration

Mr E Valoyi

STAFF COMPLEMENT

OFFICE 2006/2007 2007/2008 GROWTH

National Office 80 83 3

Gauteng 22 23 1

Limpopo 16 17 1

Eastern Cape 16 20 4

Western Cape 20 20 0

Northern Cape 13 14 1

Mpumalanga 14 15 1

KZN 20 25 5

Northwest 16 16 0

Free State 14 15 1

GRAND TOTAL 231 248 17

Growth : Additional 17 (7%) new positions for 2007/2008 financial year

STAFF COMPLEMENT CONT….

2006/2007 2007/2008(35%) 80 = H/O (33%) 83 = H/O

(65%) 151 = Provinces (67%)165 = Provinces

Total: 231 Total: 248

EMPLOYMENT EQUITY PER OFFICE: 31 March 2007

Office No. of Employees

Male Female

N/O 69 32 37

Gauteng 22 13 9

Limpopo 17 9 8



KZN 18 9 9

Free State 14 8 6

Mpumalanga 12 7 5

North West 16 10 6


Total 219 118 (54%) 101 (46%)

EMPLOYMENT EQUITY PER RACE: 31 MARCH 2007Occupational

Male Female Total

Category African Coloured Indian White African Coloured Indian White

Senior Managers

11 1 1 1 1 1 16

Middle Managers

21 3 2 1 9 1 1 8 46

Supervisory

39 3 5 9 24 6 1 - 87

Lower Level

23 - - - 34 8 3 2 70

Totals 94 6 7 11 68 16 6 11 219

43% 3% 4% 5% 30% 7% 3% 5% 100%

Misconduct Cases: 2006/2007

Type of Misconduct Number Action Taken

Abscondment 1 Dismissal

Abuse of state vehicle 2 Suspended without pay & written warning

Abuse of power 1 Suspended without pay

Abuse of E-mail 14 Final written warning

Absence without leave 2 Final written warning

Total 20

Vacancy Status: 31 March 2007

Programme No.of posts Filled Vacant

Programme 1:

Administration63 58 5

Programme 2:

Investigation

101 99 2

Programme 3:

Information

Management & Research

67 62 5

Total 231 219 12 (5.2%)

Reasons why Staff left the Department 2006/2007

Termination Type Number Reasons

Death - -

Resignation (To Private Sector) 14 Low salary

Expiry of contract - -

Dismissal – Operational Changes

- -

Dismissal - Misconduct 1 Absenteeism

Dismissal - Inefficiency - -

Discharge Illhealth

Retirement

-

-

-

-

Transfers – Other Public Service Department

28 Promotions

TOTAL 43

(18%)

Challenges

• The ICD lost 43 employees during the financial year(18%)

• ICD tried as much as possible to fill vacancies – vicious circle

• No career growth due to flat structure

• ED’s post causes an under – expenditure of R800 000 per annum on the Personnel Budget (R1.6m for the two years).

• This is the bulk of the money shifted to Goods & Services.

• High travel & S&T Expenditure due to long distances traveled by employees.

• Burn-out & stress related problems due to high work-load.

• Segregation of duties in Finance and SCM & A/M

Performance : 2006/2007

• The ICD managed to establish a Debtor’s section in Finance

• Finance cleared the Department’s Miscellaneous Disallowance Accounts.

• Completed the unique numbering of assets, in H/O, still busy in the Provinces.

• Launched the Service Delivery Charter of the Department

• Conducted an Induction Course to 40 new Employees

• Managed to upgrade all our secretaries from salary level 4 to 5 as directed by DPSA

• Addressed all the AG’S concerns regarding leave, the SCM policy, training of SCM staff and the HR plan.

• Upgraded Investigators’ salaries.

• Opened two Satellite Offices in Mthatha & Richard’s Bay

• Managed to send 175 Employees on different training courses.

• Evaluated 101 jobs/posts in compliance with DPSA prescripts.

PRIORITIES FOR 2008/2009

• Establishment of an Asset Management Unit with at least four staff members

- One x ASM : Asset Management - One x Senior Asset Management Officer - Two x Assets Management Clerks (N/O)• Strengthening of all Provincial Offices in Programme 1 to deal with

Assets and general administration• Operationalize the approved translation of 31 Monitor positions from

Programme 3 into Investigator positions, by January 2008 • Opening of additional Satellite Offices in the remaining Provinces,

funds permitting

PROGRAMME 3:Information Management System

Ms N Sihlezana

Legislative Mandate• In terms of the Domestic Violence Act 116 of 1998,

failure by a member of the South African Police Service to comply with an obligation imposed in terms of this Act or the National Instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act 68 of 1995; and the Independent Complaints Directorate, established in terms of the said Act must forthwith be informed of any such failure reported to the South African Police Service.

• Furthermore, the ICD must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4)(a), setting out the recommendations made in respect of such matters.

Types of non-complianceThe DVA Report presents a factual analysis of cases of non–compliance with the Domestic Violence Act (DVA) by members of the South African Police Service (SAPS) and the recommendations made to address same. The type of cases of non–compliance with the DVA addressed in these reports include: a) failure to effect warrants of arrest, b) failure to advise complainants of options (e.g. failure to advise a

complainant to lay a criminal charge, or apply for a protection order, or both)

c) failure to assist complainants to open cases, d) failure to issue or furnish a subpoena, e) failure to refer a victim of domestic violence to a place of safety, f) failure to seize firearms, and g) failure to serve protection orders.

What the ICD does

• Investigation of non-compliance or

• Referrals for investigation/disciplinary action

• Conducting DVA audits & cell inspections

• Processing applications for exemption

• Awareness campaigns, and

• Conducting workshops with SAPS members

Monitoring Tool That ICD Uses

• See separate document

STATION AUDITS : Jan – Dec 2005

Province Jan - June 2005 July - Dec 2005

Eastern Cape 22 4

Free State 1 0

Gauteng 2 14

KwaZulu-Natal 0 0

Mpumalanga 0 0

Limpopo 0 2

Northern Cape 3 7

North West 12 19

Western Cape 0 3

Total 40 49

Station Audit- 2005• Eastern Cape – out of 26 stations that were visited, only 12 station

compliedFlagstaff, Motherwell, Gelvandale, Grahamstown, Elliot, Aliwal North, Ngangelizwe, Umtata Central, Mt Frere, Lusikisiki, Graaff Reinet, Kamesh

• Free State – conducted 1 station audit- Winburg, and did not comply

• Gauteng - out of 16 stations audits that were conducted, only 5 stations complied, viz

Dobsonville, Lenasia South, Wierdaburg, Kliprivier and De Deur• Western Cape conducted 3 station audits and all complied

Macassar, Mitchells Plain and Diep River

Cont:• Limpopo - conducted 2 station audits and both stations

did not comply• Northern Cape – conducted 10 audits, and only 2

stations comply Hope Town and Campbell• North West – conducted 31 stations and 8 stations

complied Lehurutshe, Zeerust, Nietverdient, Mothibistad,

Tlhabane, Rustenburg, Lomanyaneng, Mmabatho

STATION AUDITS : Jan – Dec 2006


Eastern Cape 4 10

Free State 4 6

Gauteng 6 16

KwaZulu-Natal 42 29

Mpumalanga 1 6

Limpopo 13 13

Northern Cape 46 9

North West 14 9

Western Cape 8 9

Total 138 168

Station Audits 2006

• Eastern Cape - conducted 14 station audits and 9 stations complied

Steve Tshwete, Zeleni, Graaff Reniet, Seven fountains, Grahamstown, Fort Beaufort, Middledrift, Kwazakhele and Humewood

• Free State – 10 station audits and 9 stations complied, the 1 station that did not comply due to the absence of 1 register - 508(b) that was not available

Heidedal, Mangaung, Tuurflagte, Brandfort, Welkom, Botshabelo, Kagisanong, Petrusburg and Kroonstad

Station Audits :-• Gauteng – conducted 22 stations, 6 station complied

Diepkloof, Pretoria-West, Vereeniging, Meadowlands, Orlando, De Deur, Kliptown and Naledi

• KwaZulu-Natal – conducted 71 station audits and only 3 stations fully complied, others were making converted efforts

Pomeroy, Dalton and Wartburg

Station Audits - Cont• Mpumalanga – 7 stations and all did not comply• Limpopo – conducted 26 station audits, and not a single

station complied• Northern Cape – conducted 55 station audits , only 12

stations complied Paballelo, Kakamas, Carnarvon, Victoria West, De Aar, Kanoneiland, Keimoes, Grobblershoop,

Griekwastad, Kenhardt, Kathu and Delportshoop• North West – 23 stations were audited, and only 1

complied after a second visit – Vryburg• Western Cape -17 stations were audited and all

complied

Findings

• If you compare 2005 and 2006 findings, there has been an improvement in the implementation of the relevant registers at the stations

• Victim Empowerment Centers are mostly in place• Members of SAPS still plead ignorance of the requirement to keep records

of domestic violence complainants in the prescribed registers• Seemingly and unwillingness exist in SAPS management with regard to

taking disciplinary steps, against their members for violating the law• No action is taken against members and offending members seems to be

getting away, scot-free • During Jan-June 2006 ‘s Cell Inspections – only 6 police stations were in

order out of 21 police stations that were audited• During July-December 2006 – only 7 police stations were in order out of 19

police stations which were audited

Cell Inspections –Jan-Dec 2005


Eastern Cape 0 1

Free State 0 0

Gauteng 0 6

KwaZulu-Natal 0 5

Mpumalanga 0 0

Limpopo 0 0

Northern Cape 0 5

North West 0 0

Western Cape 3 0

Total 3 17

Cell Inspections Jan-Dec 2006


Eastern Cape 4 6

Free State 3 0

Gauteng 2 13

KwaZulu-Natal 0 0

Mpumalanga 0 0

Limpopo 0 0

Northern Cape 12 0

North West 0 0

Western Cape 0 0

Total 21 19

Awareness Campaigns conducted during Jan-June 2005


Eastern Cape 4 6

Free State 1 3

Gauteng 1 1

KwaZulu-Natal 0 4

Mpumalanga 2 0

Limpopo 0 5

Northern Cape 2 0

North West 3 11

Western Cape 3 0

Total 16 30

Awareness Champaign during Jan-Dec 2006


Eastern Cape 4 7

Free State 0 9

Gauteng 3 13

KwaZulu-Natal 13 9

Mpumalanga 2 5

Limpopo 3 26

Northern Cape 10 6

North West 9 15

Western Cape 2 2

Total 46 92

Workshops conducted during Jan-Dec 2005


Eastern Cape 3 6

Free State 0 0

Gauteng 0 0

KwaZulu-Natal 0 0

Mpumalanga 0 0

Limpopo 0 0

Northern Cape 0 0

North West 0 0

Western Cape 0 2

Total 3 8

Workshops conducted during Jan-December 2006


Eastern Cape 1 0

Free State 0 0

Gauteng 1 0

KwaZulu-Natal 0 0

Mpumalanga 1 2

Limpopo 0 1

Northern Cape 12 0

North West 0 1

Western Cape 1 0

Total 16 4

Performance 2006/07

Area Output Indicator Target

Complaints Registry

Registration and allocation of new cases on the database

Time within which cases are to be registered

Time within which cases are allocated after

registration

24hrs

Target met

48 hours

Target met

Updating the database with case developments

Time within which updating of case developments takes place

Two (2) days

Target met

Performance 2006/2007 (cont…)

Area Output Indicator TargetMonitoring Finalization of all

applications for exemption in terms of DVA, received by ICD provincial offices within 30 days of such application

Percentage of applications for exemption finalized

100% within 30 days of receipt

Target met

Production of audit reports by ICD provincial offices reflecting the state of affairs concerning compliance with DVA

Number of external audits

Three (3) station audits per quarter per province

Target met in all provinces except Mpumalanga which managed 11 audits for the year

Performance 2006/07 cont….

Area Output Indicator TargetResearch Production of

qualitative reports containing recommendations

Number of reports on systematic problems in policing

3 reports per annum

Target met

Consultation with stakeholders

Number of workshops on systematic problems in policing

One (1) workshop per annum

Target met

Performance 2006/07

Area Output Indicator Target

Information and Communication Technology

Internal client satisfaction in terms of number of responses and response time

Response to 95% requests within four (4) hours

Target met

Communication Prompt media responses

Time taken to respond to media enquiries

Within one (1) hour of receipt

Target met

Community outreach activities

Production of a report reflecting community outreach activities

Three(3) community awareness programmes per quarter per province

Target met, except Gauteng (10)and Western Cape (9)

Research Projects 1.

Death as a result of police action

Background: Proactive Research Unit of the ICD embarked on a study that sought to examine deaths as a result

of police action in the provinces of KwaZulu-Natal, Gauteng and the Eastern Cape during the 2005/2006 financial year. The study’s objective was not to apportion blame, but to gather and examine information on deaths as a result of police action with the aim of identifying factors that might inform policy changes, which in turn could minimize the occurrence of deaths as a result of police action, not only in the targeted provinces, but in South Africa as a whole.

Objectives of the study was

• to identify factors contributing to death as a result of police action in the above-mentioned provinces;

• to clarify existing measures that are used to minimize the number of deaths that occur due to police action;

• to identify the main perpetrators when it comes to deaths as a result of police action;

• to recommend measures that could be introduced to minimize or prevent the high incidence of

death as a result of police action in KwaZulu-Natal, Gauteng, and the Eastern Cape.

Research Projects ..(cont)

Findings :

Although various strengths, limitations, and challenges were encountered, the researchers are of the opinion that valuable insights were gained, on the basis of which useful recommendations were made. These relate to the following:

• the problem of scene tampering and notification delays by the police;

• similar crime scene-related problems experienced by pathologists;

• the issue of non-compliance by police when dealing with ICD investigators and pathologists;

• perceived police ignorance regarding the mandate of the ICD;

• the issue of perceived police racism;

• the use of excessive police force;

• potential confusion created by media statements made by politicians and high ranking police officials; and occupational stress experienced by police.

Research Projects. 2.

Research into Compliance with ICD recommendations by the SAPSBackgroundThis research project was conducted jointly by the ICD and the Institute for Security

studies (ISS). It sought to investigate the extent to which the SAPS complied with the recommendations made by the ICD.

The research objectives were as follows : • to develop a clear understanding of the relationship between the ICD and the police;• to examine the processes and procedures used by the ICD to present their

recommendations relating to disciplinary or administrative action, as well as recommendations pertaining to criminal matters dealt with by the Directorate of Public Prosecutions (DPP);

• to establish the general level of compliance by the police with recommendations by the ICD;

• to evaluate the impact of recommendations by the ICD;• to identify possible reasons for non-compliance; and• to make recommendations that would address areas of non-compliance.

Research Project.2. cont

• FINDINGS• The data analytical process yielded preliminary findings relating to the

following: • Relationship between the ICD and the Police• The level of police compliance• Possible reasons for non-compliance• Impact of ICD recommendations

WORKSHOP

STAKEHOLDER WORKSHOP

On the 28th of March 2007, the Independent Complaints Directorate (ICD) hosted a workshop entitled “Deaths as a result of police action: towards a preventative strategy” at the Saint Georges Hotel in Pretoria. The workshop was based on a research project which was conducted by the Pro-Active Research Unit of the ICD. The departments represented, were:

• Secretariat for Safety and Security• South African Police Service• Metropolitan Police Service• Community Safety and Liaison• Independent Complaint Directorate

NATIONAL STATISTICS 2006-2007Deaths, criminal offences & misconduct case intake

Province 2006/7 Provincial share

Eastern Cape 364 7%

Free State 466 9%

Gauteng 1256 23%

KwaZulu-Natal 631 12%

Limpopo 449 8%

Mpumalanga 368 7%

North West 587 11%

Northern Cape 462 9%

Western Cape 829 15%

TOTAL 5412 100%

Table 2: Deaths, Criminal offences, Misconduct and DVA yearly change

Province 2005/6 2006/7 Yearly change

Eastern Cape 349 364 4%

Free State 524 466 -12%

Gauteng 998 1256 21%

Kwazulu-Natal 612 631 3%

Limpopo 385 449 14%

Mpumalanga 367 368 0%

North West 513 587 13%

Northern Cape 423 462 8%

Western Cape 1115 829 -34%

Grand Total 5286 5412 2%

Table 3: Case Intake by Classification

Class 2006/7 Class share

Criminal 1787 33%

Deaths 698 13%

DVA 167 3%

Misconduct 2760 51%

Grand Total 5412 100%

Table 4: Case Type yearly change

Class 2005/6 2006/7 Change

Criminal 1643 1787 8%

Deaths 621 698 11%

DVA 158 167 5%

Misconduct 2855 2760 -3%


Table 5: Deaths in police custody and deaths due to police action

Province 2006/7 Percentage share

Eastern Cape 72 10%

Free State 56 8%

Gauteng 169 24%

Kwazulu-Natal 153 22%

Limpopo 67 10%

Mpumalanga 37 5%

North West 52 7%

Northern Cape 13 2%

Western Cape 79 11%


Table 6: Deaths yearly change


Eastern Cape 97 72 -35%

Free State 50 56 11%

Gauteng 128 169 24%


Limpopo 44 67 34%

Mpumalanga 45 37 -22%


Northern Cape 18 13 -38%

Western Cape 56 79 29%


Table 7: Deaths due to Municipal Police Services

Province Accused Member's station 2006/7

Gauteng Ekurhuleni Metro Police 3

JHB Metro Police 3

KwaZulu-Natal KZN Metro Police 3

Total 9

Table 8: Circumstances of DeathsDeaths in police custody 2006/7 Percentage share

Injuries sustained in custody 31 4%

Injuries sustained prior to detention 46 7%

Natural causes 108 15%

Suicide 94 13%

Total (Deaths in custody) 279 40%

Deaths as a result of police action

A suspect shot during the course of a crime 97 14%

A suspect shot during the course of an escape 31 4%

A suspect shot during the course of arrest 141 20%

An innocent bystander shot by police 4 1%

During the course of an investigation 23 3%

Negligence 23 3%

Domestic Violence related and off duty-shootings 56 8%

Vehicle accident involving police 44 6%

Total (Deaths as a result of police action) 419 60%


Table 9: Circumstances of Deaths yearly change

Deaths in police custody 2005/6 2006/7 Change

Injuries sustained in custody 28 31 10%

Injuries sustained prior to detention 85 46 -85%

Natural causes 121 108 -12%

Suicide 75 94 20%

Total (Deaths in custody) 309 279 -11%


A suspect shot during the course of a crime 86 97 11%

A suspect shot during the course of an escape 25 31 19%

A suspect shot during the course of arrest 117 141 17%

An innocent bystander shot by police 10 4 -150%

During the course of an investigation 9 23 61%

Negligence 26 23 -13%

Domestic Violence related and off duty-shootings 9 56 84%

Vehicle accident involving police 30 44 32%

Total (Death as a result of police action) 312 419 26%


Table 10: Circumstances of death per provinceDeaths in police custody EC FS GT KZ LP MP NW NC WC Tot

Injuries sustained in custody 6 2 3 5 7 4 2 - 2 31

Injuries sustained prior to detention 5 - 21 5 2 3 7 2 1 46

Natural causes 20 12 10 16 14 8 15 3 10 108

Suicide 8 12 18 8 11 7 9 3 18 94

Total (Death in custody) 39 26 52 34 34 22 33 8 31 279


Circumstances EC FS GT KZ LP MP NW NC WC Tot

Suspect shot during crime 13 - 20 51 3 1 4 - 5 97

A suspect shot during an escape - - 10 8 1 1 2 - 9 31

A suspect shot during the arrest 9 10 55 26 18 9 4 1 9 141

An innocent bystander shot by police - - 2 1 - - - - 1 4

During the course of an investigation 5 1 7 5 2 - 1 1 1 23

Negligence 1 - 1 11 3 - 2 1 4 23

Domestic Violence & offduty shooting 2 4 18 13 4 4 - 1 10 56

Vehicle accident involving police 3 15 4 4 2 - 6 1 9 44

Total ( Deaths due to police action) 33 30 117 119 33 15 19 5 48 419

Grand Total 72 56 169 153 67 37 52 13 79 698

Table 15: Police stations with more than 3 deaths

Western Cape Brackenfell 4 Gauteng Alexandra 4

Khayelitsha 4 Booysens 5

Nyanga 6 Brakpan 4

Worcester 5 Dobsonville 6

Hillbrow 7

North West Jouberton 5 Jhb Central 11

Mmabatho 4 Kagiso 11

Temba 4 Orlando 4

Parkview 4

Limpopo Malamulele 4 Tembisa 9

Polokwane 4 KwaZulu-Natal Cato Manor 6

Durban Central 4

Eastern Cape Maluti 4 Empangeni 6

Tsolo 4 Hluhluwe 4

Umtata 7 Inanda 5

Kwamashu 5

Free State Bethlehem 4 Plessislaer 4

Lindley 5 Umhlali 4

Phuthadithjaba 4 Umlazi 9

Westville 4

Table 18: Criminal offences

Province 2006/7 Provincial share

Eastern Cape 94 5%

Free State 164 9%

Gauteng 458 26%


Limpopo 135 8%

Mpumalanga 111 6%

North West 128 7%




Table 19: Criminal offences yearly change



Free State 218 164 -33%

Gauteng 327 458 29%


Limpopo 110 135 19%


North West 149 128 -16%


Western Cape 331 338 2%


Table 21: Misconduct

Province 2006/7 Percentage Share

Eastern Cape 187 7%

Free State 216 8%

Gauteng 600 22%


Limpopo 231 8%

Mpumalanga 213 8%

North West 395 14%




Table 22: Misconduct yearly change

Province 2005/6 2006/7 Percentage share


Free State 226 216 -5%

Gauteng 514 600 14%

Kwazulu-Natal 291 271 -7%

Limpopo 215 231 7%




Western Cape 691 375 -84%

Grand Total 2855 2760 -3%

Table 23 : More on Victims

Race of a victim

Victim’s Race Total Percentage share

Asian 3 0.4%

Black 605 86.7%

Coloured 56 8.0%

White 34 4.9%

TOTAL 698 100.0%

Table 24 : Gender of the Victim

Victim’s gender Total Percentage share

Female 48 7%

Male 650 93%

Total 698 100%

Table 25 : Criminal OffencesProvince 2006/7 Provincial %

Eastern Cape 94 5%

Free State 164 9%

Gauteng 458 26%


Limpopo 135 8%

Mpumalanga 111 6%

North West 128 7%



Total 1787 100%

Table 26 : Criminal offences yearly change

Province 2005/6 2006/7 Yearly Change


Free state 218 164 -33%

Gauteng 327 458 29%


Limpopo 110 135 19%


North West 149 128 -16%


Western cape 331 338 2%

TOTAL 1643 1787 8%

Table 27: Criminal offences by nature of allegation

Short description 2006/7 Percentage Share

Abuse of power 132 7.4%

Assault common 251 14.0%

Assault GBH 530 29.7%

Attempted murder 198 11.1%

Beaten with handcuffs 1 0.1%

Beaten with hands/firsts 4 0.2%

Breaking and entering 1 0.1%

Child stealing 1 0.1%

Conspiracy 30 1.7%

Contravenes SAPS Rationalization Proc.or SAPS Act, 1995

8 0.4%

Corruption 1 0.1%

Corruption – abuse of informers' fees 7 0.4%

Corruption –aiding escapes from custody 4 0.2%

Corruption – issuing of fraudulent vehicle certificates

2 0.1%

Corruption – sale, theft and/or destruction of police dockets

22 1.2%

Corruption – sale, theft and or disposal of exhibits

34 1.9%

Criminal defamation 7 0.4%

Dog attack 1 0.1%

Drunken driving 6 0.3%

Criminal Offences by nature (cont)Short description 2006/7 Percentage Share

Emotional, verbal and psychological abuse 1 0.1%

Extortion 9 0.5%

Failure to open a docket and refer matter to the prosecution

1 0.1%

False accusation against persons employed by the Service

1 0.1%

False accusation of a crime 16 0.9%

Forgery or uttering a forged document 2 0.1%

Fraud 13 0.7%

Harassment 26 1.5%

Indecent Assault 7 0.4.%

Initiation of false charges 6 0.3%

Instigation of violence 1 0.1%

Intimidation 39 2.2%

Kicked 2 0.1%

Kidnapping 2 0.1%

Leaving the scene of a motor vehicle collision without discharging legal obligations

3 0.2%

Malicious damage to property 47 2.6%

Neglects his or her duty 21 0.2%

Participation in an organized criminal enterprise

3 0.2%

Criminal Offences cont:Short description 2006/7 Percentage Share

Performs an act or fails to perform an act which constitutes an offence

2 0.1%

Physical abuse 5 0.3.%

Pointing a firearm 25 1.4%

Possession of stolen property 3 0.2%

Rape 24 1.3%

Reckless driving 19 1.1%

Robbery 5 0.3%

Serious corruption 91 5.1%

Shot with automatic or other rifle 1 0.1%

Shot with police shotgun 2 0.1%

Stalking 1 0.1%

Struck by police vehicle as a pedestrian 2 0.1%

Suicide 1 0.1%

Theft 115 6.4.%

Theft & Assault GHB 1 0.1%

Theft of motor vehicles/motorcycles 4 0.2%

Torture 23 1.3%

Undermine the policy of the Service 20 1.1%

Vehicular collision while being pursued by police

1 0.1%

TOTAL 1787 100.%

Challenges

• Marketing of ICD and profiling ICD in the provinces• Media liaison in the provinces; there are no Communication Officers in the

provinces• Community outreach, especially in rural areas• Compliance with legislative mandate re DVA• Communicating feedback on work of the ICD to provincial stakeholders• No toll –free number or call center (National) where people can call and get

assistance without actually traveling a distance to lodge a complaint .• Applications for exemption not coming forth from the Police and ICD cannot ensure

that recommendations to SAPS are implemented• Improving co-ordination of station visits by ICD provincial offices with a view to

maximize impact

PROGRAMME 2 :Investigation of Complaints

Mr T Tshabalala

Performance indicators and target

Indicator Target

Completion of investigations in respect of deaths within 180 days

60% of notifications received from SAPS/MPS

Completion of investigations in respect of criminal offences within 180 days

50% of complaints received from SAPS/MPS

Completion of investigations in respect of misconduct within 90 days

60% of complaints

Workload at end March 2007- Backlog

Province Death DVA Criminal Misconduct Total %

Eastern Cape 13 1 33 33 80 1

Limpopo 1 0 3 2 6 0

Mpumalanga 260 27 543 971 1801 28

Gauteng 124 78 581 534 1317 20

Northern Cape 15 0 27 22 64 1

Western Cape 173 26 185 414 798 12

North West 15 6 48 7 76 1

Free State 47 0 146 189 382 6

KZN 783 10 474 704 1971 30

Total 1431 148 2040 2876 6495 100

Workload at end March 2007- Current Financial year

Province Death DVA Criminal Misconduct Total %

Eastern Cape 7 1 19 22 49 2

Limpopo 1 0 29 6 36 1

Mpumalanga 3 0 18 9 30 1

Gauteng 113 6 203 238 560 23

Northern Cape 11 4 77 89 181 7

Western Cape 66 26 265 115 472 19

North West 18 6 56 139 219 9

Free State 22 22 98 108 250 10

KZN 192 8 202 272 674 27

Total 433 73 967 998 2471 100

Completion of cases by Classification

Completed Cases by Type

Case TypeReceived

2006/07Completed

2006/07

Death 698 1613

Criminal 1787 2251

Misconduct 2927 3510

TOTAL 5412 7374

Cases Due for completion by March 2007 (180 Days)

Months Deaths Offences Targets

April 38 127

Deaths Targets 60%

Offences Targets 50%

May 58 177

June 54 139

July 57 124

August 67 142

Sept 49 127

Total 323 836 194 418

Cases Due for completion by March 2007 (90 Days)

Month Misconduct Targets (60%)

May 255

June 240

July 236

August 216

Sept 190

Total 1344 806

Death cases completed – backlog compared to current

Province Backlog Current Total


Free State 15 11 26

Gauteng 36 65 101

KwaZulu-Natal 252 24 276

Limpopo 380 35 415

Mpumalanga 316 10 326

North West 25 42 67



Grand Total 1286 327 1613

Deaths – Received and CompletedProvince Received

2006/7Completed 2006/7

Completion rate (%)


Free State 56 26 46

Gauteng 169 101 60


Limpopo 67 415 619


North West 52 67 129




Criminal cases completed – backlog compared to current



Free State 67 34 101

Gauteng 151 118 269


Limpopo 553 59 612






Criminal Offences completedProvince Received


Completion rate (%)



Gauteng 458 269 59


Limpopo 135 612 453






Misconduct completed – backlog compared to current




Gauteng 150 150 300


Limpopo 565 110 675






Misconduct completedProvince Received


Completion rate (%)



Gauteng 629 300 48


Limpopo 247 675 273






Workload per investigator

Classes Workload Average per investigator

Class 1 1 248 18

Class 2 186 3

Class 3 1 947 27

Class 4 2 488 35

Total 5 869 83

Investigation workflow

Typical murder investigationsActivities Timelines

Attend crime scene (2 investigators) 1 day (2-6 hrs)

Interview of witnesses at crime scene 4-6 hours

Collection and packaging exhibits 2 hrs

Attend post mortem 1 day (2-3 hrs)

Re-visit crime scene, further interviews and statement taking

1 – 2 days

Update of database, progress reports to complainant and stakeholders

Monthly

Prepare recommendation to DPP 2-3 months

Serve subpoenas and attend court 4-7 days

Outcome of criminal casesSAPS CAS Offence/

Misconduct Findings/Outcomes

Chatsworth CAS 740/02/06

Corruption/Extortion Guilty of corruption and fined R10 000 and 5years imprisonment, suspended for 5 years. Member dismissed

Douglasdale CAS 366/01/06

Corruption/Extortion Guilty of corruption and fined R6 000 or 3 years imprisonment. Member dismissed

Germiston CAS 831/04/06

Corruption/Extortion Dismissed from EMPS. Criminal case pending in court

Umbilo CAS 632/0306 Corruption/Extortion 2 x Inspectors dismissed from SAPS. Criminal case pending in court

Addo CAS 158/12/02 Murder Guilty of culpable homicide and R3000 or 12 months imprisonment

Mount Frere CAS 80/12/03

Assault GBH & torture

R2000 fine or 6 months imprisonment and half suspended for 5 years

Outcome of criminal casesSAPS CAS Offence/ Misconduct Findings/Outcomes

Tsolo CAS 78/10/00 Murder Guilty of culpable homicide and R5000 or 5 years imprisonment

Alice CAS 43/06/03 Assault GBH 12 months imprisonment

King Williamstown CAS 438/10/01

Attempted Murder Guilty and sentenced to 5 years imprisonment

Glen Grey CAS 12/06/03 DVA: Failure to assist complainant

Guilty and fined R3000 or 6 months imprisonment

Elliot CAS 27/11/03 Assault Guilty and fined R300

Tsolo CAS 68/05/03 Assault GBH Guilty and sentenced to 6 months imprisonment

Outcome of criminal casesSAPS CAS & ICD CCN Offence/ Misconduct Findings/Outcomes

Tongaat CAS 113/04/02 Murder Guilty and sentenced to 15 years imprisonment

Vryheid CAS 284/01/06 Perjury Guilty and sentenced to 3 years imprisonment suspended for 5 years

Durban Central CAS 927/01/04

Murder & Assault GBH Guilty and sentenced to 3 years and 2 years imprisonment for murder and assault GBH respectively

Tongaat CAS 220/04/2003 Culpable homicide Guilty and fined R20 000 or 5 years imprisonment & 16 hours of community service

Madibogo CAS 81/12/03 Murder Guilty and sentenced to years imprisonment

SAPS CAS & ICD CCN Offence/ Misconduct

Findings/Outcomes

Mmabatho CAS 379/09/04 Reckless and negligent driving

Guilty and fined R200 or 6 months imprisonment plus R4000 or 2 years imprisonment suspended for 3 years

Namakgale 2005100468 Murder Guilty and sentenced to 5 years imprisonment

Seshego 2004030330 Murder Guilty and sentenced to 15 years imprisonment

Leslie CAS 76/06/05 Murder Guilty and sentenced to 17 years imprisonment

Whiteriver CAS 301/11/04 Attempted murder Guilty and sentenced to 12 months imprisonment or R5000 fine suspended for five years

Milnerton CAS 281/08/98 Murder Guilty and sentenced to 10 years imprisonment

Cape Town CAS 2170/06/98 Murder Guilty, sentence pending

Parrow CAS 469/11/2001 Murder Guilty and fined R10 000 and 5 years imprisonment suspended for 5 years

Outcome of criminal cases

Challenges• Backlog

– Workload versus capacity and area of operation

• Action plan to deal with backlog

– Research by Proactive Oversight Unit (POU)

– Business process re-engineering (implemented from August 2006)

• Different targets for different types of cases

– Project based approach to finalise backlog

– Each province has put in place measures to deal with backlog cases

– A team is assembled from time to time to assist provinces that experience a high backlog

Challenges• The Anti Corruption Command

– ACC with a capacity of four investigators skilled in corruption investigation, exists at NO

– Budget of R 717 000 & R 492 000 in respect of compensation and for goods & services

– Operate nationally and thus travel extensively – Handles complaints from NACH, police officials & direct

from public– Handled 64 cases of alleged corruption including 2 project

investigations– In terms of actual expenditure, ACC spent:

• R161 000 – Accommodation• R91 000 – GG transport• R53 000 – Air transport • R10 000 – Daily allowance • R5 000 – Kwela car rental (point-point)• R1 000 – Incidental expenditure

Financial Statements

Ms E Verster

Financial year 2006/7Budget and Expenditure per Programme

Programme Budget

R ‘000

Expenditure

R ‘000

% of total expenditure

Number of posts

1 Administration

ED office; 4 X CD; cent. Support Services

23 350 22 714 35 63

2 Investigations

9 X P/Heads & DPHs; Legal S; DD:I in N/O; ACC 4 and 67 Investigators

29 284 29 284 45 101

3 Compl. Reg. Mon. & Research

N/O: IT; Com.; Lib; Res; Stat.Provinces: Comp. Registry & Mon.

13 272 13 272 20 67

TOTAL 65 906 65 271 (99,03) 231

Expenditure per Economic ClassificationComparison between 2005/6 and 2006/7

Economic Classification Expenditure for 2005/6

R `000

Expenditure for 2006/7

R `000

Expenditure increase for 2006/7

%

Current payment: - Compensation

- Goods & services, Others

30 235

15 257

36 831

24 474

22

60

Transfers: - Provincial & Municipal - Dept agencies

9135

2540

-14

Capital assets: - Building & fixed assets - Equipment: C/Hardware & Printer; Office Furniture &equipment; Cameras & projectors; Security equipment; Gazebo & flags - Software: Comp & Security Licenses

5752 618

425

- 3 139

761

-20

79

TOTAL 49 236 65 271 33

Expenditure on Goods and ServicesComparison between 2005/6 and 2006/7

Accounts that increased by more than 33% from the previous financial year

2005/6R ‘000

2006/7R ‘000

Bank charges 16 25

Entertainment (Imbizo’s; interviews; meetings) 167 267

Gov. Motor Transport (M/levy; R1 p km.) 1 637 3 283

Inventory 662 1 185

Legal Fees (KZN, NC and Limpopo - unlawful arrests by ICD) 260 643

Municipal Services - 347

Resettlement costs 190 432

Subscriptions (Jutastat and journals) 13 53

Owned and leasehold property expenditure 392 5 241

Travel and Subsistence 4 128 5 646

Witness and related fees (buy-&-bust operations) - 5

Expenditure: Government Motor Transport per Provincial Office

Comparison between 2005/6 and 2006/7 Office

(Total Staff structure – Number of Investigators in 2006/7)

2005/6

R `000

2006/7

R

Eastern Cape 16 – 6 150 269 128

Free State 14 – 6 181 318 002

Gauteng 22 – 11 169 316 190

KwaZulu-Natal 20 – 11 195 368 669

Limpopo 16 – 7 154 247 214

Mpumalanga 14 – 6 92 290 063

Northern Cape 13 – 5 141 226 546

North West 16 – 6 105 210 383

Western Cape 20 – 9 116 368 613

Total (Provinces) 151 - 67 1 303 3 282 980

Expenditure: Government Motor Transport for National OfficeComparison between 2005/6 and 2006/7 (cont…)

Office

(Total Staff structure – Number of Investigators in National Office

during 2006/7)

2005/6

R `000

2006/7

R

Office of ED 3 11 15 055

4 X CD 8 10 20 304

ACC - 4 50 96 817

Other Directorates 65 263 30 783

Total (N O) 80 – 4 334 162 959

Total (ICD) 231 – 71 1 637 3 445 939

Expenditure: Travel and Subsistence without G/Motor Transport, for 2006/7, per Office and per Programme

Office(Accom.; D/Allow.; Incidental; Car

rental; Own & SMS car; Air; Foreign d/allow.)

Provincial Offices

P 1

R

P 2

R

P 3

R

Total

R

Eastern Cape 16 – 6 50 276 404 727 45 523 500 526

Free State 14 – 6 18 502 396 675 97 146 512 323

Gauteng 22 – 11 731 171 504 5 305 177 540

KZN 20 – 11 26 442 318 003 31 819 376 264

Limpopo 16 – 7 25 866 464 285 73 103 563 254

Mpumalanga 14 – 6 25 375 245 333 27 013 297 721

Northern Cape 13 – 5 42 671 422 568 118 239 583 478

North West 16 – 6 31 993 393 344 44 230 469 567

Western Cape 20 – 9 36 425 379 264 31 126 446 815

Total (Provinces) 151 – 67 258 281 3 195 703 473 504 3 927 488

Expenditure: Travel and Subsistence without G/Motor Transport, for 2006/7, per Office and per Programme (cont…)

OfficeNational Office

P 1

R `000

P 2

R `000

P 3

R `000

Total

R `000

Office of ED 3 158 451 158 451

4 X CD 8 466 217 466 217

ACC - 4 237 448 237 448

Other Directorates 65

280 536 96 673 478 476 855 685

Total: N O

80 – 4905 204 334 121 478 476 1 717 801

Grand total

231 - 71 1 163 485 3 529 823 951 980 5 645 289

Qualified Report from the Auditor-General for the Financial Year 2005/6

1 Clearing of Suspense Accounts• The last outstanding amount of R 326 000 of the total of R

1,2 million on the Disallowance Miscellaneous Account, was cleared during the last quarter of the 2006/7 financial year

• The Financial Year 2007/8 opened with no outstanding or unresolved balances in any of the Suspense Accounts

Qualified Report from the Auditor-General for the Financial Year 2005/6 (cont…)

2 Staff debtors• 38 Debtor Accounts were opened since the closure of the

financial year 2005/6 – due to the clearing of the Conversion Accounts (25) in October 2005 and, new Debtors identified during the financial year 2006/7, included 13 staff members or ex-staff members

• Twenty-nine (29) Debtors commenced with the repayment of their debts, during the financial year 2006/7

• Three (3) Debts were fully recovered during the previous financial year

• Four (4) pension payments are awaited from the Gov. Pension Fund

• Nine (9) Debts have to be submitted to the ED for possible writing-off in view of the fact that the Debtors cannot be traced (R12 000)

How does a staff debt develops?Salary debts• Most salary payments are effected on the 15 th

• Staff members sometimes terminate their services before month-end• A salary overpayment now develops • A debtor’s file is opened in respect of the overpayment• A letter is directed to the ex-Employee to advise of the overpayment• In case the Employee left the Public Service, a hold is placed on the repayment of the pension

contributions• When the amount in respect of pension contributions are not sufficient,• The Employee is advised to refund the rest• After another reminder, the debt information is handed to a private Debt Collector to collect the

debt on behalf of the ICD, at an average fee of 10% of the debt amount (min. R500)Bursary debts• When a payment (bursary) was effected to an institution, but the Employee did not complete

the studies as agreed• The Employee terminates services before the studies could be completed• A debtor’s file is opened in respect of the amount of the bursary debt that was paid over to the

institution• The process then begins to collect the debt

CHALLENGES

1 ASSET MANAGEMENTAnother qualified Report from the Auditor-General for the Financial Year 2006/7 was

receivedNote:• AG’s request for information was based on a list of ISN numbers (Logis)• Our financial documentation system is based on the BAS payment numbers • The result: The specific documentation of assets procured on BAS over the last six

years could not be provided to the AG – for verification – since the reference numbers provided by the said Office, referred to the Logis system and thus, the expenditure on assets to the amount of R 29 million, could not timely be provided by the ICD for the AG to verify

Reconciliation of transactions iro the procurement of Assets• Currently all payments in respect of the procurement of assets over the last eight (8)

financial years, are being verified and reconciled in terms of each asset’s unique number and its registration/existence on the Logis System

• Additional visits and audits of National Office staff to the Provinces have commenced to verify and reconcile the actual assets with the Logis System’s Asset Register

• Also, to finalize the differentiation of assets according to values (R 5 000)• The whole verification process is to be completed during the current financial year

CHALLENGES (cont…)

2 POSITIVE COMMENTS BY THE AUDITOR-GENERAL

On page 74 of the ICD’s Annual Report, the Auditor-General mentioned ..... “subsequent to the audit the Department commenced with corrective action, including training of provincial staff. Progress will be followed up during the next audit ..... ”

Most of the Provinces have now been audited whilst further training was presented in respect of the registration of assets on Logis. Follow-up reports from Logis will be submitted to the P/Heads to verify the existence of every asset

The reconciliation and verification process - of all payments in respect of the procurement of assets over the last eight (8) financial years - has now passed the 50% mark and the process will be completed before the end of the current financial year

CHALLENGES (cont…)

3 Report from the Auditor-General in respect of their audit on the use of the Information Systems may result in another qualification

Their findings included that:• The ICD lacks a formal user account management procedure;• To ensure access levels are regularly reviewed and,• All user access rights are continuously monitored.

The ICD still lacks sufficient staff members to control and regulate the use of the BAS and the BAS Helpdesk (National Treasury) has been requested to assist the ICD in developing system reports to allow the CFO to monitor access to the system.

ADDITIONAL FUNDING REQUIRED FOR THE FINANCIAL YEAR 2008/09

Option R `000

Opening of another Four (4) Satellite Offices 12 870

Establishment of Asset Management Unit - Compliance with PFMA and TR (at N O and in the Provinces)

4 105 (1 500)

Implementation of Job Evaluation results 2 500

Expansion of ACC (one more office in the South) 7 987

Marketing ICD services (Communication Officers / IT staff) 3 138

Call Centre 3 222

Total 33 822

Thank you

Questions ?

ABBREVIATIONS

AFU – Asset Forfeiture unit Comm – Committee

ACC – Anti Corruption Command Cent - Centralized

Air Condit – Air conditioner Comp – Computer

Accom - Accommodation C/Hardware – Computer Hardware

AG – Auditor General Comp security – Computer Security

BAS – Basic Accounting System DVA – Domestic Violence Act

CAS - Criminal Administration System

DPP – Directorate of Public Prosecution

CCN – Case Control Number DMPS – Durban Metro Police Service

Com – Communication D PH – Deputy Provincial Head

Cell – Cellular phone DD:I – Deputy Director: Investigations

ABBREVIATIONS (cont…)Dom – Domestic G/motor – Government Motor

DPW – Department of Public Works H/O – Head Office

D/allow – Daily Allowance H O – Head Office

Dev – Develop HRM – Human Resource Management

D / lines – Data lines IT – Information Technology

ED – Executive Director Legal S – Legal Service

Emp – Employee Lib – Library

Exp – Expenditure MPS – Municipal Police Service

Fin – Financial M/levy – Monthly levy

FMS – Financial Management System Mon – Monitor

GG – Government Garage N O – National Office

ABBREVIATIONS (cont…)

NGO – Non-Governmental Organization SCM – Supply Chain Management

O/spending – Over spending Stat - Statistician

P Heads – Provincial Heads S & T – Subsistence and Travel (allowance)

PFMA – Public Finance Management Act S O – Satellite Office

p Km – per Kilometer Tel – Telephone

P/Bag – Private Bag U/spending – Under spending

Res – Research VCT – Voluntary Counseling & Testing

SITA – State Information Technology Agency

W/shop – Workshop

S/by allow – Standby allowance

SMS – Senior Management Service

independent complaints directorate presentations to the portfolio committee on safety and security...

Documents

warning total20 slide

financial year slide

introduction mr p mongwe

finance finance

new employees

provinces total

training of scm staff

abuse of e