INDEPENDENT COMPLAINTS DIRECTORATE Presentations to thePortfolio Committee on Safety and Security on 2 and 14 November 2007
Introduction Mr P Mongwe
PROGRAMME 1 : Administration Mr E Valoyi
STAFF COMPLEMENT 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
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-compliance The 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: • failure to effect warrants of arrest, • 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) • failure to assist complainants to open cases, • failure to issue or furnish a subpoena, • failure to refer a victim of domestic violence to a place of safety, • failure to seize firearms, and • 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 Audit- 2005 • Eastern Cape – out of 26 stations that were visited, only 12 station complied Flagstaff, 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 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 • WesternCape -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
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 SAPS Background This 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 2006-2007 Deaths, criminal offences & misconduct case intake
Table 2: Deaths, Criminal offences, Misconduct and DVA yearly change