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INDEPENDENT COMPLAINTS DIRECTORATE. Presentation to the Portfolio Committee on Safety and Security 26 October 2005. Introduction. Mr Leslie Xinwa Executive Director. Successes:. - Ninth Annual Report of the ICD - 9% decrease in deaths in police custody and as a result of police action
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INDEPENDENT COMPLAINTS DIRECTORATE Presentation to the Portfolio Committee on Safety and Security 26 October 2005
Introduction Mr Leslie Xinwa Executive Director
Successes: - Ninth Annual Report of the ICD - 9% decrease in deaths in police custody and as a result of police action - 8% decrease in complaints of police misconduct - 2% decrease in the intake of complaints falling within the mandate of the ICD - Success of the Steering Committee for the establishment of an African Policing Civilian Oversight Forum - 6th Unqualified Audit Report - Capacitating staff members in terms of behavioural skills - Co operation from SAPS Management
Challenges • Lack of resources shows in the rate at which cases are finalized • The ICD could not meet its targets: • Death cases = 63% • Criminal cases/offences = 41% • Misconduct cases = 44% • Shortage of operational staff in the provinces • Lack of satellite offices is reducing accessibility and reaction time • Budgetary constraints negatively influence community outreach programmes Awaiting the outcome of the investigation by the Office of the Auditor General in terms of the travel expenditure Similarly, the outcome of an independent investigation into the ICD’s investigative capacity in terms of caseload, salary structure and qualifications
Programme: Investigation of Complaints Mr T Tshabalala
Objectives • The primary objective is the investigation of complaints of death in custody and as a result of police action (SAPS and MPS) • Investigation of allegations of criminality or criminal offences; and • Investigation of allegations of misconduct Performance review • Financial Year 2004/5 • 652 notifications of deaths were received and all investigated – target not reached - 1731 criminal offences received and investigated – target not reached - 3407 misconduct cases received - target of 80% investigated not achieved (3rd phase of Vision 2005)
Performance review cont… • Partnership: Centre for Business and Professional Ethics • Climate study to assess ICD’s strengths and weaknesses through surveys of ICD employees and key stakeholders • 101 ICD employees: • Most felt overburdened • Staff numbers insufficient • Unfairness due to insufficient resources • Staff shortages threaten employee loyalty • External stakeholders (SAPS, Secretariats, MEC’s, DPP’s, NGO’s) • ICD’s mandate considered more reactive than proactive • Insufficient resources to fulfill mandate • SAPS: Huge workload pushes ICD employees away • Important to address ICD’s budget • The Anti Corruption Command was established
Investigation of high profile cases • Harrismith: • ICD conducted investigation into the fatal shooting of a marcher by SAPS members • Made recommendations to the DPP to prosecute the three implicated police officers for: • Murder and Assault with intention to cause grievous bodily harm (16 counts) • The DPP accepted the recommendations to prosecute the three police officers • The matter is set down for tril 6 -17 February 2006 • Smithfield: • At this stage the DPP decided to charge only the police official linked with the DNA for rape • Disciplinary case is still pending
Challenges 2005/06 • Consider the following: • Has the ICD fulfilled its mandate over the past 3 years – this is the question asked by the public and stakeholders • Are the investigations conducted effectively and efficiently – are people able to enjoy their freedom • What is the public perception about crime committed by law enforcement agencies – are they called to account or act with impunity • How do these perceptions contribute to the respect or not of the rule of law • Does the ICD’s existence proactively contribute to deterrence of criminality and misconduct by ordinary police officers
Challenges • The SAPS has a presence in at least 43 policing areas and over 1100 police stations and there are also 6 well established Municipal Police Services • ICD has a presence in 9 policing areas, all situated in the major centers • Inaccessible to complainants especially the most vulnerable rural and farming communities • ICD services not accessible due to the distance factor • ICD operates on an average radius of 130 000 km² with the furthest in Eastern Cape of 169 580 km², while SAPS operates at ± 50 km² in Metro areas and twice the size in rural areas • Save for Gauteng, it takes on average, 6 hours to travel from a provincial office to the furthest point of the province
Challenges • The Police operates over 24 hours while the ICD investigator is on standby to respond to a scene of death • Most of the notifications of death are made more than an hour after the incident • Huge travel, accommodation, overtime and subsistence expenditure • On visitation of scene • Attendance of post mortems • Conducting of further investigations • Attendance of court • Consequences of a delayed response to a scene of death • Scene cleared • Vital clues destroyed • Tampering of scene • Overall effect on the investigation and possible outcome • Encourage the culture of cover up amongst colleagues • A guilty member may thus walk free • Investigators spent most time on traveling
Programme: Information Management and Research Mr S Mabona
Measurable objectives • The objective is 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 six reports annually, recommending interventions to enhance human rights focussed service delivery in policing. • To improve the management of information through technology and the dissemination of information in order to market the organization to the various stakeholders.
Service Delivery Objectives and Indicators • New cases were registered as required • Due to lack of capacity:Problem of prompt referral of complaints to Investigations and Monitoring Case Intake Committees do not function as expected, Failed on tabling DVA reports for 2003 and 2004 • All applications for exemption were finalized • Cases of non-compliance with DVA were far higher than the number of applications
Service Delivery Objectives and Indicators (cont…) • Disseminated information to stakeholders and public through Izimbizo’s • No research report produced: The programme was involved in the establishment of the Proactive Oversight Unit (POU) which started working with effect from 1 May 2005, the POU represents a significant milestone, not only in terms of successful deployment of logistical support and personnel but also, in terms of securing research skills and knowledge
Service Delivery Objectives and Indicators (cont…) • The Secretariat is tasked with providing oversight over the police strictly on matters of police performance. The ICD on the other hand, is strictly tasked to provide oversight on matters pertaining to police misconduct. • The ICD’s research work is strictly within the confines of police misconduct, an area falling within the ICD’s mandate. • The ICD is strategically positioned to carry out research on police misconduct by virtue of the wealth of information and data generated through its investigative activities.
Service Delivery Objectives and Indicators (cont…) • The statistics, for instance, indicate that certain categories of misconduct cases such as criminal activities have increased immensely • There is also an increase on vigilantism, therefore, it would be inevitable to conduct a study to establish why this is happening
Statistics The proportionality between new cases and existing resources implies that new cases far exceed existing resources Coupled with the backlog of existing cases, the situation is further compounded
Finalization of Cases • 33% of the 1,633 complaints finalized were in fact substantiated. • Cases of death allegations were the most finalized - accounting for 63% • Of the 812 complaints of criminal offences, 332 were finalized. • About 44% of misconduct complaints were also finalized (Page 88 of the Annual Report 2004/2005)
OBJECTIVE To provide for the overall management and organization of the Department
PROGRAMME 1: COMPONENTS • Human Resource Management • Financial Management • Supply Chain Management • Auxiliary Service • Service Delivery and Training • Security Management • Internal Auditing
SERVICE DELIVERY PERFORMANCE2004/2005 • Could not meet National Treasury’s deadline for the unique numbering of assets due to staffing problems • The use of BEE’s increased to 41% • Engaged the services of an consultant, on the recommendation of NIA • Staff turnover-rate dropped to 9%, (a 3% drop) • Vacancy rate dropped to 3.6%, (a drop of 8%) • Percentage of Interns rose to 13%
STAFF COMPLEMENT2004/2005 Number of vacant posts per programme: Programme 1: 8 Programme 2: 7 Programme 3: 8
CHALLENGES:2005/2006 • Dismissals = 11% • Better offers = 45% • Internal promotions = 28% • Re-advertisement = 11% • Resignation = 5%
HUMAN RESOURCE DEVELOPMENT • 48 staff members were exposed to training courses and skills development programmes • 31 employees are bursary holders and of them, 13 are proceeding, 9 failed and are repeating at own expense, 9 withdrew the bursaries and are paying back • Study fields:17 LLB, 10 Human Sciences and Finance Management,4 Policing
MISCONDUCT CASES • 5 Written warnings were issued • 2 Final written warnings were issued
CHALLENGES2006/07 • Increase of capacity at grass roots level • Establishment of satellite offices, where possible • Working towards a staff structure of 535 posts • Capacity building of staff • Four Provincial Offices (Limp; MP;FS and NC) to be upgraded
Budget and Expenditure2004/5 Ms E Verster
Budget and Expenditure per Economic Classification2003/4 and 2004/5
