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INDEPENDENT COMPLAINTS DIRECTORATE

This report provides an overview of the Independent Complaints Directorate's activities in monitoring police misconduct, investigating deaths in police custody, and addressing complaints. It also highlights the reduction in deaths and misconduct cases in 2002 compared to the previous year.

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INDEPENDENT COMPLAINTS DIRECTORATE

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  1. INDEPENDENT COMPLAINTS DIRECTORATE Portfolio Committee for Safety and Security 07 March 2003

  2. Introduction Annual Report and Budget of the ICD

  3. Programme: Complaints Registry, Monitoring and Research

  4. Main Objective • Monitoring of misconduct and the development of pro-active recommendations to intervene and alter/curb errant police behaviour

  5. Highlights – April to Dec 2002 • Deaths in police custody/police action • 33% decline compared to 2001 • Unit setup within SAPS to monitor these deaths • Misconduct committed by police • 8% decline compared to 2001

  6. Statistics April – Dec 2002(9 months)

  7. DeathsApril – Dec 2002

  8. Deaths as a result of police action by province 222

  9. Some shootings by police station KwaZulu Natal

  10. Some shootings by police station Gauteng

  11. DeathsApril – Dec 2002

  12. Deaths in police custody by province 144

  13. DeathsApril – Dec 2002 Deceased by Gender

  14. DeathsApril – Dec 2002 Race of suspect police officers

  15. Deaths April – Dec 2002 Place where death occurred

  16. DeathsApril – Dec 2002 Classification of deceased

  17. Deaths April – Dec 2002 Age of Deceased

  18. DeathsApril – Dec 2002 Rank of Suspect Police Officers

  19. Offences April – Dec 2002

  20. Offences (cont.)

  21. Offences (cont.)

  22. Offences by provinceApril – December 2002

  23. Misconduct April – Dec 2002

  24. Misconduct by province April – December 2002

  25. Complaints Registry Strategy 2003/2004

  26. Complaints Registry • Main Activities: • In-take of complaints • Interviewingof complainants and obtaining of statements • Registration of cases on database • Mediation • Generation of statistics

  27. Monitoring Strategy 2003/2004

  28. Monitoring • Main Activities: • Monitoring of misconduct complaints against Municipal Police Services • Post investigationmonitoring of cases referred for prosecution • Monitoring of the implementation of DVA by the SAPS and MPS • Conducting audits at police stations • Based on specific complaints/stats

  29. Research & Development Strategy 2003/2004

  30. Research & Development • Research rationale • Informed by international practice • Pro-active interventions • Based on statistics / trends analysis • Meant to transform practices, policies and procedures

  31. Research output • Work done • Strategy to reduce deaths in police custody • Use of dogs by police • Vehicle pounds • Standing Order 101 (Public Complaints Register) • Use of force • Deaths of children • Escapes from police custody

  32. Research output • Future projects – 2003/2004 • Training of police • Holding senior officers accountable for the conduct of junior officers (extending liability) • DVA Reports • Bi-Annual Reviews / Digest of cases

  33. Conclusion • Reduction of criminality committed by members of the MPS • Declineof deaths in police custody and cases of death as a result of police action • A decrease in complaints of non-compliance with DVA by thepolice and MPS • Contribute to government’s national crime prevention strategy • Institutional changes in SAPS and MPS • Improvement of Service Delivery to the public

  34. Programme: Investigations

  35. Objectives of the programme • Investigate ALL deaths in Police and Metro custody as well as deaths as a result of Police and Metro action • Investigate allegations of criminality against SAPS and Metro • Investigation of 20% misconduct or service related complaints (phase in until 100% by 2005)

  36. Complaints Activity for 2002/2003 • We received 366 notifications of deaths in custody and as a result of police/Metro action during the three quarters of the current financial year • A further 427 complaints involving criminality were reported by complainants • A total of 1493 complaints of misconduct/ service related complaints were received

  37. Investigations * Innocent bystander: non-suspect persons caught in the cross-fire during high speed car chase/pursuit

  38. Investigations

  39. Investigative findings

  40. Investigative findings (cont.) • Also finalized investigations of 268 criminal matters while 159 are pending investigation • Have investigated 478 misconduct cases (32% of total misconduct cases, thus we have surpassed our 20% target for 2002/03)

  41. STATUS Total Percentage Pending decision 61 35.9 On Trial 48 28.2 Nolle Prosequi 14 8.2 Pending Inquest 47 27.6 TOTAL 170 100 Recommendations to DPP(Death investigations)

  42. Convictions and sentences • Our death investigations secured convictions in 15 murder and 2 culpable homicide cases during the period under review • A total of 213 years’ imprisonment was imposed • Convictions were also secured in other criminal cases with combined imprisonment of 15 years

  43. Convictions and sentences (cont.) • Convicted members serving prison terms were automatically discharged from service • 39 Inquest hearings held • 5 police members held liable • Dockets sent to DPP for decision on prosecution

  44. Training • Refresher Firearm Training: - Handgun Policy of the ICD and related legislation - Handgun Proficiency Qualification • In-house training: - Victim Empowerment - Aspects of the CPA and the Bill of Rights - Database - Ballistics, types of wounds and blood patterns - Interviewing, Statement taking and Report writing

  45. Partnership with Scotland Yard (MET) • Training needs analysis conducted during September 2002 • Scoping visit conducted during February 2003 • Train-the-trainer • Training of all investigators • Impact assessment

  46. The strategy for 2003/2004 • Investigation of ALL custody and action related deaths is still our primary focus • Investigation of complaints of criminality against SAPS/Metro • Implementation of a working protocol iro investigations of Metro criminality • Investigation of 50% of misconduct/service delivery complaints (20% for 2002/2003) • Increased investigation of corruption cases

  47. Integrity Strengthening • The need to strengthen and protect the integrity and reputation of the ICD • Protection of our final work product • A proactive approach to deal with threats to our integrity

  48. Challenges • Effectively dealing with increased corruption referrals to ICD • Capacitating and empowering investigators to deal with the changing face of police crime • Improved levels of integrity – “one step ahead”

  49. Programme: Administration

  50. Purpose To provide support to the line function by providing the following: • Logistics • Security • Internal Auditing • Legal Advice • Communication • Information Technology • Human Resource, and • Financial Management.

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