INDEPENDENT COMPLAINTS

DIRECTORATE

Portfolio Committee for Safety and Security

31 March 2006

Introduction

Mr L Xinwa

Executive Director

Programme 1: Administration

Mr E Valoyi

4

Objective

To provide for the overall management and organisation of the Department

Components

• Financial Management • Human Resource Management• Internal Audit• Security Management• Supply Chain Management• Auxiliary Services• Service delivery and Training

5

STAFF COMPLEMENT 2005/2006

Office Approved posts

Filled Vacancies

H/O 77 73 4

Gauteng 19 18 1

KZN 17 17 0

Eastern Cape 14 14 0

Northern Cape 10 9 1

North West 14 14 0

Limpopo 13 13 0

Mpumalanga 11 10 1

Free State 11 11 0

Western Cape 17 16 1

Total 203 195 8

6

New posts as at 1/ 04/2006

• National Office = 03

• Provinces = 25

Total = 28

Number of total posts will be 231

(203+28)

7

Human Resource Development

• 177 staff members exposed to different training courses e.g. SCM, Job Evaluation, Induction Course etc.

• 36 employees are bursary holders– 15 proceeding– 10 failed– 03 withdrew– 06 results outstanding– 02 completed

8

Disciplinary Cases

Nature Office Status

Incompatibility W/C Labour Court

9

Performance review 2005/2006

• Completed the unique numbering of assets

• Black empowerment companies from 41% to 45%

• Black women owned companies 5%

• Black owned 7%

• Vacancy rate from 9% to 3.9%

10

Performance Review cont…

• Interns 21.6%• 4 Provincial offices upgraded to Director

level• Appointment up to level 8 decentralized• Team building sessions conducted• Learnerships delayed due to SETA

problems• Induction courses conducted

11

Challenges 2006/2007

• Implementation of Khaedu project• Working towards a staff structure of 535

posts• Establishment of satellite offices where

possible• Correct segregation of duties i.r.o SCM• Implementation of LOGIS in N/W and E/C

offices• Implementation of PDPs

Programme 3:Information Management &

Research

Mr M Dlamini

13

Programme Objectives

• To maintain a current complaints register, allocate and follow-up on cases, oversee the implementation of the DVA and analyse all information on the database, producing at least three reports annually and recommending interventions to enhance human rights focused service delivery in policing.

• Further, to improve the management of information through technology and the dissemination of information in order to market the organization to various stakeholders.

14

Targets 2005/06 & 2006/07Sub-

programmeIndicator Target Progress for 2005/06

Complaints Registry

Registration and allocation of new cases on the database

Registration within 24 hours

Allocation within 48 hours after registration

Target met

Target not met consistently

Updating the database with case development

Within two (2) days of case development

Target met

15

Targets 2005/06 & 2006/07 cont…

Sub-programme

Indicator Target Progress 2005/06

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

100% Within thirty (30) days of receipt

Target met

Production of audit reports by ICD provincial offices reflecting the state of affairs concerning compliance with the DVA and relevant recommendations related to management of DVA by the SAPS

Three (3) station audits per quarter per province

Minister has approved all DVA reports up-to June

2005.

July to Dec 2005 report under consideration

16

Targets 2005/06 & 2006/07 cont…

Sub-programme Indicator Target Progress 2005/06

Monitoring Production of custody management reports

Three (3) cell inspections per quarter per ICD provincial office

Target not met consistently

Research Production of qualitative reports containing recommendations

Three (3) reports per annum

2 research, 2 DVA & 1 workshop report done

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

Response to 95% requests within four (4) hours

Target met

17

An Investigation into Factors that Contribute to Backlog of Cases

Objective:• Identify factors that contribute to current high

number of backlog of cases within ICD

Research Methodology:• Both qualitative & quantitative• Interviews & self administered questionnaire

Population of study:• 67 respondents from Program 2 & 3• Purposive sampling

18

An Investigation into Factors that Contribute to Backlog of Cases cont…

Data Analysis - Identified problems:• Shortage of staff• Lack of training• Bureaucratic and ineffective management style• Effects of internal and external communication

Conclusions & recommendations:• Need for continuous in-house training• Recruit more personnel especially investigators

19

WorkshopTitle: Establishing a cordial relationship between SAPS, ICD and

Civil Society: Problems and Prospects 06-07 February 2006

• Participants : Secretariat, SAPS, Civil Society Organizations.

• Objectives : – Giving attention to ways in which working relations between

stakeholders can be enhanced– Highlight importance of strengthening police oversight and

accountability– Explore basis for future co-operative work among stakeholders

• Outcome:– Establishment of task team comprising ICD, Secretariat &

SAPS

20

April – December 2005All Cases

Deaths, Offences and Misconduct - YEARLY CHANGE

PROVINCE 2004/5 2005/6 % Change

Eastern Cape 231 275 19.0%

Free State 281 420 49.5%

Gauteng 874 785 -10.2%

Kwazulu-Natal 554 497 -10.3%

Limpopo 341 300 -12.0%

Mpumalanga 282 265 -6.0%

North West 420 357 -15.0%

Northern Cape 300 275 -8.3%

Western Cape 945 909 -3.8%

TOTAL 4228 4083 -3.4%

21

April – December 2005Deaths by Province

PROVINCE Deaths %

Eastern Cape 73 15.1%

Free State 45 9.3%

Gauteng 111 23.0%

Kwazulu-Natal 102 21.2%

Limpopo 31 6.4%

Mpumalanga 30 6.2%

North West 32 6.6%

Northern Cape 13 2.7%

Western Cape 45 9.3%

TOTAL 482 100.0%

22

April – December 2005 Deaths due MPS action

Deaths where members of the Municipal Police Services were involved

Province Station Metro Police

Gauteng  

Ekurhuleni Metro Police

2

Jhb Metro Police 3

Tshwane Metro Police 1

Gauteng Total

6

Western Cape

Cape Town Metro Police

1

Western Cape Total 1

Grand Total 7

23

April – December 2005 Circumstances of death

DEATHS DUE TO POLICE / MPS ACTION

2004 2005 % Change

A suspect shot during the course of a crime

76 64 -16%

A suspect shot during the course of an escape

7 21 200%

A suspect shot during the course of an investigation

16 4 -75%

A suspect shot during the course of arrest 95 94 -1%

An innocent bystander shot by police 4 8 100%

Beaten with hands/fists by police 2 11 450%

Negligence 54 20 -54%

Other intentional shooting 5

Vehicle accidents involving police 14 25 79%

TOTAL 254 227 -12%

24

April – December 2005 Circumstances of death

DEATHS IN POLICE CUSTODY

2004 2005 % Change

Injuries sustained in custody 32 22 -31%

Injuries sustained prior to detention 58 53 -9%

Natural causes 91 93 2%

Suicide 25 62 148%

TOTAL 220 255 14%

25

April – December 2005Offences

PROVINCE Offences %

Eastern Cape 69 5%

Free State 175 14%

Gauteng 252 20%

Kwazulu-Natal 134 11%

Limpopo 96 8%

Mpumalanga 71 6%

North West 112 9%

Northern Cape 90 7%

Western Cape 256 20%

TOTAL 1255 100%

26

April – December 2005Misconduct

PROVINCE Class IV %

Eastern Cape 133 5.7%

Free State 200 8.5%

Gauteng 422 18.0%

Kwazulu-Natal 261 11.1%

Limpopo 173 7.4%

Mpumalanga 164 7.0%

North West 213 9.1%

Northern Cape 172 7.3%

Western Cape 608 25.9%

TOTAL 2346 100.0%

27

April – December 2005All Cases

PROVINCE TOTAL % Total

Eastern Cape 275 6.7%

Free State 420 10.3%

Gauteng 785 19.2%

Kwazulu-Natal 497 12.2%

Limpopo 300 7.3%

Mpumalanga 265 6.5%

North West 357 8.7%

Northern Cape 275 6.7%

Western Cape 909 22.3%

TOTAL 4083 100.0%

28

Challenges

• Meeting strategic targets and improving service delivery.

• Maintaining a database that is always up-to-date.

• Improving compliance with DVA by SAPS and MPS.

• Taking forward recommendations made at stakeholder workshop.

• Maintaining relations between ICD / SAPS Committee on deaths

29

Programme 2:Investigations

Mr T Tshabalala

30

Programme: InvestigationsObjectives

• The investigation of:– Deaths in police custody and as a result of police

action– Criminal offences including allegations of

corruption– Complaints of serious forms of misconduct

• Render legal advisory services• Corporate governance and integrity strengthening

31

Targets 2005/6 & 2006/7

Outcomes Indicators TargetsReduced levels of criminality in the SAPS and MPS

Finalize internal investigations in respect of Class 1 (death) cases

within 180 days

60% of notifications received from

SAPS/MPS Reduced levels of criminality in the SAPS and MPS

Finalize ICD investigations of criminality (internal) within 180 days

50% of complaints received from

SAPS/MPS Conducting comprehensive preliminary investigations

Attendance of crime scenes and post mortem examinations

70% of all reported Class 1 scenes

Progress/update on

investigations Written/oral feedback made to

complainants Every 30 days

Preliminary investigation findings

Finalize preliminary investigations within 30 days

70% of all Class 1 cases

32

Cases closed: April –Dec 2005Unsubstantiated

Substantiated

Unfounded

With-drawn

Referred

Declined Total

E Cape 22 47 7 19 31 11 137

F State 88 33 12 26 8 0 167

Gauteng 209 40 26 293 48 50 666

KZN 221 142 0 0 0 0 363

Limpopo 29 4 0 17 9 0 59

M/langa 44 15 17 18 3 0 97

N West 170 26 0 96 0 0 292

N Cape 8 2 0 3 3 1 17

W Cape 89 135 50 46 0 0 320

Total 880 444 112 518 102 62 2118

33

Anti-Corruption Command (ACC)

• The ACC– A staff compliment of 4 posts (1 vacant)– Total of 65 case dockets– Closed 10 as unsubstantiated– 3 await DPP decision on prosecution– DPP declined prosecution in 5– 10 cases are in court for trial (7 arrested in buy and bust

blitz)

34

High profile investigations: Outcome

• Outcome of a few high profile matters:– Pending in court

• Katlehong: Death of two youths allegedly involving the Ekurhuleni Metro Police

• Harrismith: Alleged shooting of marchers

– Finalized

• Witdraai: Alleged shooting of Optel Rooi – members convicted of murder

• Smithfield: Rape of detainee in police cells – member acquitted

35

High profile investigations

Excessive use of force and/or abuse of power– SAPS Lydenburg: Members allegedly used blunt object to

assault a detainee who subsequently died in custody– SAPS Kabokweni: Six members allegedly assaulted in

police detention– SAPS Fort Beaufort: Members allegedly assaulted the

suspect during arrest and detained him with his injuries. He died in police cells

– SAPS Bushbuck ridge: Alleged rape of an inmate who was booked out for questioning on a few occasions. Awaiting DNA results

– SAPS Selosesha: A member allegedly raped his former girlfriend when she went to his place

36

Convictions 2005/2006

• Convictions – Witdraai: Murder, 5yrs imprisonment wholly suspended

with 3yrs corrective supervision– Galeshewe: Defeating the ends of justice, R4000 fine plus 6

months imprisonment suspended for 4 yrs– Tonga: Assault GBH, 8 months imprisonment or R1000 fine

suspended for 3yrs with conditions– Machadodorp: Culpable homicide R20000 fine or 1 yr

imprisonment wholly suspended– Bethlehem: Murder and Attempted murder, 12yrs and 3yrs

for murder and attempted murder respectively– Lebowakgoma: Murder (road rage) and drunken driving,

17yrs and 18 months respectively

37

(Cont.)

• Phalaborwa: Culpable homicide, 5 yrs wholly suspended for 5 years

• Patterson: Culpable homicide, 3yrs Correctional Supervision

• Motherwell: Assault, R800,00 fine or 2 Month imprisonment

• Balfour: Assault, R600,00 fine or 6 months imprisonment

• Ndevana: Assault, R2000.00 fine or 12 months imprisonment

• Pongola: Murder, 15yrs imprisonment

• Melmoth: Rape (12yrs old minor), 15 yrs imprisonment

• Phoenix: Culpable homicide, 6 yrs imprisonment

• Attridgeville: Culpable homicide, 6 yrs imprisonment with 5 yrs wholly suspended

38

(Cont.)

• Rustenburg: Reckless and negligent driving, 4yrs imprisonment or R20 000 fine

• Kanana: Murder, pointing of a firearm and assault, 10 years imprisonment

• Ikageng: Assault GBH and attempted murder, 3 yrs imprisonment suspended for 5 yrs and declared unfit to possess a firearm

• Phomolong: Murder, 4yrs imprisonment wholly suspended for 3 yrs conditionally and declared unfit to possess a firearm

• Wolmaranstad: Reckless and negligent driving, paid admission of guilt fine

39

Priorities for 2005/2006

• Strengthening of relationship with the Secretariat– Referral of service related complaints – Establishing working protocol on referral of service

related complaints• Strengthening of relationships with other key stakeholders:

NPA, DOJC and SAPS– Speedy decision making on criminal recommendations– Speedy finalization of cases on court roll– Implementation of disciplinary recommendations

• Backlog– Strategy to reduce backlog in all provincial offices

• Accessibility – Establishment of satellite offices to improve accessibility

to our clientele

40

Challenges • Establishment of satellite/contact points to improve

accessibility• Establishment of sound working relations with the Dept

of Health – Establish a protocol to regulate our professional

relationship with pathologists – Appointment of qualified pathologists to conduct post

mortem examinations in all police related deaths• Qualitative investigations versus reliability of witnesses • Improvement of finalization of cases and increase

recommendations to DPP and SAPS management• Improvement of conditions of service for investigators

Overview by CFO

Ms E Verster

42

Expenditure 2005/2006 (Preliminary to 28/02/06)

Prog Budget Expendi

ture

Committed Total Exp

R’000 R’000 R’000 R’000

P1 15 559 14 539 771 15 310

P2 23 149 19 352 512 19 864

P3 10 814 10 503 1 249 11 752

Tot. 49 522 44 394 2 532 47 225

43

Proposed 2006/07 budget to MTECProg. 2006/7

R `000

2007/8

R `000P1

Baseline

Addis.

16 244

0

16 957

2 402

P2

Baseline

Addis.

25 866

21 607

28 059

39 503

P3

Baseline

Addis.

14 082

10 015

15 686

15 404

Total

Baseline

Addis.

56 192

31 622

60 702

57 309

44

Budget 2005/06 vs. Budget 2006/07

Programme 2005/06

R `000

2006/07

R `000

% increase

R `000

P1 22 132 22 717 2.6

P2 22 132 29 094 31.46

P3 10 527 14 095 33.89

Total 54 791 65 906 20.29

45

Budget 2005/06 vs. Budget 2006/07(cont…)

OFFICE 2005/6

R `000

2006/7

R `000

National Office 23 132 31 065

Gauteng 3 869 4 634

Western Cape 3 848 4 730

KwaZulu-Natal 3 954 4 752

46

(cont…)

Eastern Cape 3 154 3 727

North West 2 755 3 549

Limpopo 2 604 3 790

Free State 2 135 3 275

Northern Cape 1 963 3 122

Mpumalanga 2 108 3 262

Total 49 522 65 906

Conclusion

Thank you

Questions ?