Upload
henry-levine
View
29
Download
1
Tags:
Embed Size (px)
DESCRIPTION
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. Growth : Additional 17 (7%) new positions for 2007/2008 financial year. - PowerPoint PPT Presentation
Citation preview
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
Eastern Cape 19 10 9
Northern Cape 14 9 5
KZN 18 9 9
Free State 14 8 6
Mpumalanga 12 7 5
North West 16 10 6
Western Cape 18 11 7
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
Province Jan - June 2006 July - 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
Province Jan - June 2005 July - 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
Province Jan - June 2006 July - 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
Province Jan - June 2005 July - Dec 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
Province Jan - June 2006 July - 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
Province Jan - June 2005 July - 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
Province Jan - June 2006 July - Dec 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%
Grand Total 5277 5412 2%
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%
Grand Total 698 100%
Table 6: Deaths yearly change
Province 2005/6 2006/7 Yearly change
Eastern Cape 97 72 -35%
Free State 50 56 11%
Gauteng 128 169 24%
Kwazulu-Natal 139 153 9%
Limpopo 44 67 34%
Mpumalanga 45 37 -22%
North West 44 52 15%
Northern Cape 18 13 -38%
Western Cape 56 79 29%
Grand Total 621 698 11%
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%
Grand Total 698 100%
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%
Deaths as a result of police action
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%
Grand Total 621 698 11%
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
Deaths as a result of police action
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%
Kwazulu-Natal 197 11%
Limpopo 135 8%
Mpumalanga 111 6%
North West 128 7%
Northern Cape 162 9%
Western Cape 338 19%
Grand Total 1787 100%
Table 19: Criminal offences yearly change
Province 2005/6 2006/7 Yearly change
Eastern Cape 92 94 2%
Free State 218 164 -33%
Gauteng 327 458 29%
Kwazulu-Natal 172 197 13%
Limpopo 110 135 19%
Mpumalanga 105 111 5%
North West 149 128 -16%
Northern Cape 139 162 14%
Western Cape 331 338 2%
Grand Total 1643 1787 8%
Table 21: Misconduct
Province 2006/7 Percentage Share
Eastern Cape 187 7%
Free State 216 8%
Gauteng 600 22%
Kwazulu-Natal 271 10%
Limpopo 231 8%
Mpumalanga 213 8%
North West 395 14%
Northern Cape 272 10%
Western Cape 375 14%
Grand Total 2760 100%
Table 22: Misconduct yearly change
Province 2005/6 2006/7 Percentage share
Eastern Cape 149 187 20%
Free State 226 216 -5%
Gauteng 514 600 14%
Kwazulu-Natal 291 271 -7%
Limpopo 215 231 7%
Mpumalanga 210 213 1%
North West 308 395 22%
Northern Cape 251 272 8%
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%
Kwazulu-Natal 197 11%
Limpopo 135 8%
Mpumalanga 111 6%
North West 128 7%
Northern Cape 162 9%
Western Cape 338 19%
Total 1787 100%
Table 26 : Criminal offences yearly change
Province 2005/6 2006/7 Yearly Change
Eastern Cape 92 94 2%
Free state 218 164 -33%
Gauteng 327 458 29%
Kwazulu-Natal 172 197 13%
Limpopo 110 135 19%
Mpumalanga 105 111 5%
North West 149 128 -16%
Northern Cape 139 162 14%
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
Eastern Cape 126 61 187
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
Northern Cape 24 12 36
Western Cape 112 67 179
Grand Total 1286 327 1613
Deaths – Received and CompletedProvince Received
2006/7Completed 2006/7
Completion rate (%)
Eastern Cape 72 187 280
Free State 56 26 46
Gauteng 169 101 60
KwaZulu-Natal 153 276 180
Limpopo 67 415 619
Mpumalanga 37 326 881
North West 52 67 129
Northern Cape 13 36 277
Western Cape 79 179 227
Grand Total 698 1613 231
Criminal cases completed – backlog compared to current
Province Backlog Current Total
Eastern Cape 118 67 185
Free State 67 34 101
Gauteng 151 118 269
KwaZulu-Natal 128 12 140
Limpopo 553 59 612
Mpumalanga 87 16 103
North West 207 82 289
Northern Cape 213 93 306
Western Cape 172 74 246
Grand Total 1696 555 2251
Criminal Offences completedProvince Received
2006/7Completed 2006/7
Completion rate (%)
Eastern Cape 94 185 197
Free State 164 101 62
Gauteng 458 269 59
KwaZulu-Natal 197 140 71
Limpopo 135 612 453
Mpumalanga 111 103 93
North West 128 289 226
Northern Cape 162 306 189
Western Cape 338 246 73
Grand Total 1787 2251 126
Misconduct completed – backlog compared to current
Province Backlog Current Total
Eastern Cape 178 103 281
Free State 98 42 140
Gauteng 150 150 300
KwaZulu-Natal 226 4 230
Limpopo 565 110 675
Mpumalanga 215 43 258
North West 329 288 617
Northern Cape 318 73 391
Western Cape 605 13 618
Grand Total 2684 826 3510
Misconduct completedProvince Received
2006/7Completed 2006/7
Completion rate (%)
Eastern Cape 198 281 142
Free State 246 140 57
Gauteng 629 300 48
KwaZulu-Natal 281 230 82
Limpopo 247 675 273
Mpumalanga 220 258 117
North West 407 617 152
Northern Cape 287 391 136
Western Cape 412 618 150
Grand Total 2927 3510 120
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