INDEPENDENT COMPLAINTS DIRECTORATE Presentation to the Portfolio Committee

INDEPENDENT COMPLAINTS DIRECTORATE Presentation to the Portfolio Committee on Safety and Security 16 March and 26 March 2007

Introduction Mr P Mongwe 2

ICD PRIORITIES FOR 2007/2008 Programme 1: Administration • Complete audit to utilized Programme 3 staff members who possess LLB qualification for Investigators – especially in terms of DVA and Class IV cases • The establishment of a Debtor Section in Finance as from 1 April 2007 • To establish an Asset Management Unit in Supply Chain Management - for purposes of the segregation of duties – as and when funds become available • With the limited capacity in SCM, maintain a satisfactorily Asset Register – in line with the prescripts • To decentralize more financial duties as and when funds become available • Maintain the use of the monthly Leave Registers in all 3 the offices

Programme 2: Investigations • Upgrading salaries of investigators • Establish two (2) satellite offices (Richards Bay and Mthatha) • Implementation of the revised targets developed from the business process project • Review all Standard Operating Procedures • Review Protocol with MPS re investigation of criminal offences • Compilation of an investigation manual for newly appointed investigators 4

Programme 3: Information Management system • ICD Ten Year Celebrations ICD will be celebrating its ten years of existence on 01/04/2007 • Research Workshop On 28 th April 2007 the ICD will host a workshop on the research findings - recently completed Envisage to join SAPS in the implementation of a designed strategy geared towards decreasing deaths in police custody or as a result of police action • DVA Conduct research especially in terms of the DVA to provide a basis for the implementation of lessons and, breaking the barrier of the “culture of silence” around domestic violence 5

PROGRAMME 1 : Administration Mr E Valoyi 6

STAFF COMPLEMENT OFFICE APPROVED POSTS 2006/2007/2008 Vacancies as at 28 February 2007 National Office 80 83 2(P 3) Gauteng 22 23 3(P 1) Limpopo 16 17 1(P 3) Eastern Cape 16 20 0 Western Cape 20 20 0 Northern Cape 13 14 0 Mpumalanga 14 15 1(P 3) KZN 20 25 1(P 3) North West 16 16 0 Free State 14 15 0 TOTAL 231 248 8 (3. 5%) Growth: Additional 17 (7%) more positions for 20072008 financial year 7

STAFF COMPLEMENT (CONT…) 2006/2007/2008 (35%) 80 = H/O (65%) 151 = Provinces (33%) 83 = H/O (67%)165 = Total: 231 Total: 248 8

NEW POSTS AS FROM 1/04/2007 • National Office 3 • Provinces 14 Total 17 Breakdown of posts per Office National Office 3 KZN 5 Gauteng 1 Eastern Cape 4 Limpopo 1 Mpumalanga 1 Free State 1 Northern Cape 1 Total 17 9

AUDITOR GENERAL’S CONCERNS: 2005/2006 • SCM Policy approved and implemented as from 1 April 2006 • All staff members were trained in respect of the SCM procedures • Follow-up SCM training to be arranged in 2007 • SCM framework being implemented in parts • Discrepancies in terms of leave mostly experienced by the Provinces • Quarterly meetings of the Administrative Forum used for training on leave matters • Monthly reports used by Responsibility Managers for monitoring and reporting on leave 10

AUDIT GENERAL’S CONCERNS: 2005/2006 (Cont…) • HRM to perform annual inspections • Human Resource Plan was revised in line with the Public Service Regulations 11

PRIORITIES : 2007/2008 • Complete audit to utilized Programme 3 staff members who possess LLB qualification for Investigators – especially in terms of DVA and Class IV cases • The establishment of a Debtor Section in Finance as from 1 April 2007 • To establish an Asset Management Unit in Supply Chain Management - for purposes of the segregation of duties – as and when funds become available • With the limited capacity in SCM, maintain a satisfactorily Asset Register – in line with the prescripts • To decentralize more financial duties as and when funds become available 12 • Maintain the use of the monthly Leave Registers in all the offices

PROGRAMME 2 : Investigation of Complaints Mr T Tshabalala 13

Strategic objectives Indicator Finalized internal investigations in respect of Class 1 (deaths) within 180 days Finalized internal ICD investigations of Class 3 (criminal offences) within 180 days Finalized internal ICD investigations of Class 4 (misconduct) within 90 Target 60% of notifications received from SAPS/MPS 50% of complaints received from SAPS/MPS 60% of complaints 14

Performance – current financial year Indicator Target Actual Finalized internal investigations in Class 1 within 180 days 60% Target exceeded by 35. 7% Finalized internal ICD investigations of Class III within 180 days 50% Target exceeded by 2. 3% Finalized internal ICD investigations of Class IV within 90 days 60% Target not met -43. 4% 15

Performance – finalised backlog Province Class III Class IV Total % Eastern Cape 111 5 109 167 392 7 Limpopo 339 22 503 502 1366 25 Mpumalanga 350 33 104 137 624 11 Gauteng 15 17 112 64 208 4 Northern Cape 43 32 246 274 595 11 Western Cape 76 25 157 581 839 15 North West 39 2 174 304 519 9 Free State 7 39 46 35 127 2 KZN 105 48 220 522 895 16 Total 1085 223 1671 2586 5565 100 16

Backlog as at end February 07 Province Class III Class IV Total % Eastern Cape 25 2 25 36 88 2 Limpopo 89 0 120 64 273 6 Mpumalanga 132 28 233 365 758 16 Gauteng 240 77 605 633 1555 32 Northern Cape 4 0 22 27 53 1 Western Cape 0 26 0 0 26 1 North West 16 6 26 29 119 2 Free State 47 0 6 189 382 8 KZN 695 41 0 553 1591 33 Total 1248 180 41 1896 4845 100 17

Backlog of cases • Causes of backlog – Workload versus capacity – Vision 2005 strategy to be fully investigative body • Action plan to deal with backlog – Research by Proactive Oversight Unit (POU) – Business process re-engineering • Different targets for different types of cases – Project based approach to finalize backlog 18

Performance – finalised current fin. year Province Class III Class IV Total Percentage Eastern Cape 47 2 45 29 123 14% Limpopo 14 9 33 69 125 15% Mpumalanga 10 0 13 34 57 7% Gauteng 11 2 8 3 24 3% Northern Cape 5 2 24 40 71 8% Western Cape 58 0 67 12 137 16% North West 24 9 44 157 234 27% Free State 6 0 15 10 31 4% KZN 38 0 12 9 59 7% Total 213 24 261 363 861 100 19

Performance – total finalized Class III Class IV Total Percenta ge Eastern Cape 163 7 156 236 562 8 Limpopo 371 34 561 605 1571 23 Mpumalanga 364 36 123 182 705 10 Gauteng 28 19 125 77 249 4 Northern Cape 54 34 303 334 725 11 Western Cape 137 27 243 602 1009 15 North West 70 11 234 507 822 12 Free State 18 40 72 85 215 3 KZN 160 48 240 535 983 14 Total 1365 256 2057 3163 6841 100 Province 20

Total closed cases per province PROVINCE SUBT RESOLV UNSUB DISMISS UNFOUND WITHDRA TOTAL Eastern Cape 81 1 141 35 10 17 285 Limpopo 108 517 44 12 5 15 701 Mpumalanga 56 440 56 21 21 7 601 Gauteng 75 127 171 48 44 19 484 Northern Cape 45 466 97 16 159 214 997 Western Cape 409 736 306 197 62 128 1838 North West 216 1369 211 21 38 7 1862 Free State 21 841 67 17 4 3 953 KZN 111 354 328 108 21 28 950 Total 1122 4851 1421 475 364 438 8671 21

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Outcomes – convictions SAPS CAS & ICD CCN Offence/ Misconduct Findings/Outcomes Chatsworth CAS 740/02/06 2006020503 Corruption / Extortion Guilty of corruption and fined R 10 000 and 5 years imprisonment, suspended for 5 years. Member dismissed Douglasdale CAS 366/01/06 200601399 Corruption / Extortion Guilty of corruption and fined R 6 000 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 27

Outcomes - convictions SAPS CAS & ICD CCN Offence/ Findings/Outcomes Misconduct Eldorado Park CAS 157/10/04 2004100054 Murder Guilty of culpable homicide and sentenced to 5 years imprisonment Orlando CAS 459/02/2003030182 Murder Guilty of murder and sentenced to 15 years imprisonment Johannesburg Central CAS 2043/08/02 Murder Guilty of murder and sentenced to 15 years imprisonment and declared unfit to possess a firearm Murder Guilty of culpable homicide and sentenced to 5 years imprisonment 2002090028 Alexandra CAS 124/04/2006040072 28

Outcomes – convictions SAPS CAS & ICD CCN Offence/ Misconduct Findings/Outcomes Galeshewe CAS 67/03/04 2004030061 Deafeating the ends of justice Guilty and fined R 200 or 25 days imprisonment Roodepan CAS 104/07/05 2005070131 Defeating the ends of justice Guilty and find R 2000 or 6 months imprisonment suspended for 5 years Modderriver CAS 136/08/04 2004080631 Attempted murder Guilty and sentenced to 6 months imprisonment suspended for 5 years Mount Frere CAS 35/01/04 2004010548 Defeating the ends of justice Guilty and fined R 500 or 3 months imprisonment 29

Outcomes – convictions SAPS CAS & ICD CCN Offence/ Misconduct Findings/Outcomes Addo CAS 158/12/02 2003010056 Murder Guilty of culpable homicide and R 3000 or 12 months imprisonment Mount Frere CAS 80/12/03 2005050072 Assault GBH & torture R 2000 fine or 6 months imprisonment and half suspended for 5 years Tsolo CAS 78/10/00 2000100282 Murder Guilty of culpable homicide and R 5000 or 5 years imprisonment Alice CAS 43/06/03 Assault GBH 12 months imprisonment 2003090418 30

Outcomes – convictions SAPS CAS & ICD CCN Offence/ Misconduct Findings/Outcomes King Williamstown Attempted CAS 438/10/01 Murder 2001100433 Guilty and sentenced to 5 years imprisonment Glen Grey CAS 12/06/03 2003070590 DVA: Failure to assist complainant Guilty and fined R 3000 or 6 months imprisonment Elliot CAS 27/11/03 2003120119 Assault Guilty and fined R 300 Tsolo CAS 68/05/03 2003060550 Assault GBH Guilty and sentenced to 6 months imprisonment 31

Outcomes – convictions SAPS CAS & ICD CCN Offence/ Misconduct Findings/Outcomes Tongaat CAS 113/04/02 2005050413 Murder Guilty and sentenced to 15 years imprisonment Vryheid CAS 284/01/06 2006060168 Perjury Guilty and sentenced to 3 years imprisonment suspended for 5 years Durban Central CAS 927/01/04 2004010260 Murder & Assault Guilty and sentenced to 3 years GBH and 2 years imprisonment for murder and assault GBH respectively Tongaat CAS 220/04/2003040325 Culpable homicide Guilty and fined R 20 000 or 5 years imprisonment & 16 hours of 32 community service

Outcomes – convictions SAPS CAS & ICD CCN Offence/ Misconduct Findings/Outcomes Madibogo CAS 81/12/03 2003120343 Murder Guilty and sentenced to years of imprisonment Mmabatho CAS 379/09/04 2006050269 Reckless and negligent driving Guilty and fined R 200 or 6 months imprisonment and in addition R 4000 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 33

Outcomes – convictions SAPS CAS & ICD CCN Offence/ Misconduct Findings/Outcomes Leslie CAS 76/06/05 2005060515 Murder Guilty and sentenced to 17 years imprisonment Whiteriver CAS 301/11/04 2004110609 Attempted murder Guilty and sentenced to 12 months imprisonment or R 5000 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 R 10 000 and 5 34 years imprisonment suspended for 5 years

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Anti-Corruption Command (ACC) In the 2006/7 financial year – A staff compliment of 4 posts – Provide services in provinces • Received 64 cases of corruption by SAPS/MPS – 31 substantiated – 33 closed as unsubstantiated/unfounded – 24 investigations continuing – 2 cases in court – 1 dept case re Station Commander and 1 member o/standing for collusion in escape by prisoners 36 – 2 await DPP decision & 1 DPP declined

High profile investigations • Some of the instances of abuse of power – SAPS Warrenton: An Inspector is out on bail and faces a charge of rape of a suspect at the police station. DNA results outstanding – SAPS Volksrust: A female suspect arrested for drunkenness; was incarcerated in a male holding cell where she was repeatedly raped by more than 4 inmates; 2 members are on suspension for the incident 37

Investigative training Two training sessions were conducted September 2006 • 29 investigators trained in basic investigations skills such as crime scene management, statement taking, report writing, etc February 2007 • 68 investigators attended training on – Database – Financial investigations – presented by AFU – Role and prevention of money laundering and corruption presented by Financial intelligence Centre 38

Challenges • Our challenges remain unchanged – Long distances to be traveled for crime scenes attendance and conducting investigations – Late notifications by SAPS re crime scenes – SAPS management reluctance to implement our recommendation re disciplinary matters – Retention of skilled investigators especially 39 in the ACC

Priorities - 2007/8 • Upgrading salaries of investigators • Establish 2 satellite offices (Richards Bay and Mthatha) • Implementation of the revised targets developed from the business process project • Review all Standard Operating Procedures • Review Protocol with MPS re investigation of criminal offences • Compilation of an investigation manual for newly appointed investigators 40

PROGRAMME 3: Information Management System Ms N Sihlezana 41

OBJECTIVE Information Management and Research is to maintain a current complaints register, allocate and follow – up on cases and oversee the implementation of DVA and analyze all information on the database, producing at least 3 reports (2 – research reports and 1 – workshop) annually 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 42 the organization to various stakeholders

PERFORMANCE 2006/2007 1. - COMPLAINTS CASE INTAKE: 80% of new cases are captured and processed within 48 hours Improvement on feedback to clients; from 30 days to 7 days Streamlined business process project which was conducted during August to November 2006, resulting in an improved updating of the database; from 60% to 75% All line staff in the provinces (both investigators and case analysts) were trained on the complaints registry process, database management, registering cases on the database, and, the training is still continuing on an ad hoc basis and on an one-on-one basis. 43

2. COMMUNICATION AND MARKETING • Prompt media responses – time taken to respond to media enquiries is within the 1 hour of receipt and we do meet that target. • ICD Marketing Activities – The target of 12 activities per province exceeded in some provinces. For example Limpopo organized 26 awareness campaigns and North West conducted 24. The events involved members of the communities and they were addressing stakeholders on the mandate and the role of the ICD in terms of DVA. • Partnerships – Considering partnerships with Business Against crime and other stakeholders. Forging relationships with Gender based organizations and also looking at the National Action Plan to end Violence – especially their strategic objectives and priority action for criminal justice system 3. PRODUCTION OF A RESEARCH WORKSHOP • Target met- the said workshop will be conducted on the 28/03/07. 44

4. PROACTIVE OVERSIGHT 2006/ 2007 4. 1 Research Production of qualitative reports containing recommendations – target met Two research reports have been conducted. The first research report was done by ICD. The topic of the research report: Investigation of deaths as a result of police action in Kwa. Zulu-Natal, Gauteng and the Eastern Cape Rationale of the research – although the last few years have witnessed a significant decline in deaths as a result of police action and deaths in police custody the number of such deaths remained relatively high in the 3 provinces Findings – will be discussed in the workshop on 28 th March 2007 The second research report is done by ICD in collaboration with the ISS. 45 We are still

4. 2 Station audits Various ICD provincial offices conducted station audit to determine the level of compliance with DVA – target has been met and in some provinces exceeded. For example: KZN conducted 71 and Northern Cape 55. Eastern Cape – 27 North West - 23 Workshops – 12 Workshops were conducted. 46

5. MONITORING THE IMPLEMENTATION OF THE DVA During this calendar year the ICD received 46 cases of noncompliance during the first semester and 58 cases during the second semester A total number of such cases of non-compliance were recorded across all provinces, a minimal number of applications for exemption, after internal prosecution, was received Both reports have been produced and the report with regard to the second semester will soon be tabled 47

INFORMATION TECHNOLOGY 6. IMPROVED FEEDBACK TO COMPLAINANTS: • (In the process to link “SMS’s” with the Case Management System. Complainants will be contacted through cell phone “sms’s” with regard to the progress on their cases rather than phoning them or calling them to the office) • Remote electronic connection for Investigators and staff (Sought to empower investigators by taking statements and printing it in the field) • Intranet – We have finalized the intranet and it will go live in April 2007. This tool will enhance communication between the National Office and the 48

OVERVIEW – CASES REGISTERED 2006/2007 49

Table 1: Deaths, Criminal offences, Misconduct and DVA cases intake Province Class III Class IV Total Eastern Cape 78 11 83 175 347 Free State 57 30 148 186 421 Gauteng 164 20 408 531 1123 Kwazulu-Natal 155 10 171 234 570 Limpopo 57 16 119 211 403 Mpumalanga 35 7 98 203 343 North West 51 10 119 366 546 Northern Cape 13 16 147 247 423 Western Cape 77 33 321 343 774 Grand Total 687 153 1614 2496 4950 50

Table 2: Deaths, Criminal offences, Misconduct and DVA provincial share Province 2006/7 Provincial share Eastern Cape 347 7% Free State 421 9% Gauteng 1123 23% Kwazulu-Natal 570 12% Limpopo 403 8% Mpumalanga 343 7% North West 546 11% Northern Cape 423 9% Western Cape 774 16% Grand Total 4950 100% 51

Table 3: Deaths, Criminal offences, Misconduct and DVA yearly change Province 2005/6 2006/7 Yearly change Eastern Cape 330 347 5% Free State 502 421 -19% Gauteng 954 1123 15% Kwazulu-Natal 593 570 -4% Limpopo 353 403 12% Mpumalanga 349 343 -2% North West 471 546 14% Northern Cape 409 423 3% Western Cape 1056 774 -36% Grand Total 5017 4950 -1% 52

Table 4: Case Intake by Classification Class 2006/7 Class Share Death 687 14% DVA 153 3% Criminal 1614 33% Misconduct 2496 50% Grand Total 4950 100% 53

Table 5: Case Type yearly change Class 2005/6 2006/7 Change Death 601 687 13% DVA 33 153 78% Criminal 1600 1614 1% Misconduct 2783 2496 -11% Grand Total 5017 4950 -1% 54

Table 6: Deaths yearly change 2005/6 2006/7 Yearly Change Eastern Cape 90 78 -15% Free State 50 57 12% Gauteng 128 164 22% Kwazulu-Natal 135 155 13% Limpopo 40 57 30% Mpumalanga 44 35 -26% North West 41 51 20% Northern Cape 18 13 -38% Western Cape 55 77 29% Grand Total 601 687 55 13% Province

Table 7: Criminal offences Province 2006/7 Provincial share Eastern Cape 83 5% Free State 148 9% Gauteng 408 25% Kwazulu-Natal 171 11% Limpopo 119 7% Mpumalanga 98 6% North West 119 7% Northern Cape 147 9% Western Cape 321 20% Grand Total 1614 100% 56

Table 8: Criminal offences yearly change 2005/6 2006/7 Yearly change Eastern Cape 92 83 -11% Free State 218 148 -47% Gauteng 321 408 21% Kwazulu-Natal 169 171 1% Limpopo 109 119 8% Mpumalanga 102 98 -4% North West 132 119 -11% Northern Cape 139 147 5% Western Cape 318 321 1% Grand Total 1600 1614 1% 57 Province

Table 9: Misconduct Province 2006/7 Percentage share Eastern Cape 175 7% Free State 186 7% Gauteng 531 21% Kwazulu-Natal 234 9% Limpopo 211 8% Mpumalanga 203 8% North West 366 15% Northern Cape 247 10% Western Cape 343 14% Grand Total 2496 100% 58

Table 10: Misconduct yearly change 2005/6 2006/7 Yearly change Eastern Cape 148 175 15% Free State 226 186 -22% Gauteng 505 531 5% Kwazulu-Natal 289 234 -24% Limpopo 203 211 4% Mpumalanga 203 0% North West 281 366 23% Northern Cape 251 247 -2% Western Cape 677 343 -97% Grand Total 2783 2496 -11% 59 Province

Death in police custody 2005/6 2006/7 Change Injuries sustained in custody 28 39 28% Injuries sustained prior to detention 69 54 -28% Natural causes 114 108 -6% Suicide 74 47 -57% Total 285 248 -15% 2005/6 2006/7 A suspect shot during the course of a crime 84 102 18% A suspect shot during the course of an escape 25 36 31% A suspect shot during the course of an investigation 8 18 56% 114 133 14% An innocent bystander shot by police 9 3 -200% Assault by Police 13 6 -117% Negligence 26 84 69% Other intentional shooting 6 46 87% Vehicle accident involving police 30 10 -200% Total 315 439 28% Death as a result of police action A suspect shot during the course of arrest 60

PRIORITIES 2007/2008 • ICD Ten Year Celebrations ICD will be celebrating its ten years of existence on 01/04/2007 • Research Workshop On 28 th April 2007 the ICD will host a workshop on the research findings - recently completed Envisage to join SAPS in the implementation of a designed strategy geared towards decreasing deaths in police custody or as a result of police action • DVA Conduct research especially in terms of the DVA to provide a basis for the implementation of lessons and, breaking the barrier of the “culture of silence” around 61 domestic violence

• Implementation of Portfolio Committee’s recommendations on DVA, cell inspections and station audits • Cell Inspections and Station Audits Deployment of Monitors to facilitate cell inspections and stations audits, and tasking some Investigators to investigate DVA cases • Forging relationships with NGO’s that deal with Domestic Violence • Increased Communication - SAPS/MPS Strengthen the existing relationship with SAPS Improve coordination of station audits and MPS through effective communication 62

CHALLENGES -DVA • Inaccessibility of ICD to the public especially in rural communities. • Increase in police officers who are perpetrators of domestic violence. • Due to inaccessibility ICD is getting fraction of DVA complaints, • Shortage of staff to do DVA station audits and cell inspections of 1107 stations nationally, presently there are 9 monitors ( 1 monitor per province) 63

CHALLENGES -DVA • Inaccessibility of ICD to the public especially in rural communities. • Increase in police officers who are perpetrators of domestic violence. • Due to inaccessibility ICD is getting fraction of DVA complaints, • Shortage of staff to do DVA station audits and cell inspections of 1107 stations nationally, presently there are 9 monitors ( 1 monitor per province) 64

• No toll –free number for ICD • No call center (National) where people can call and get assistance without actually travelling distance to lodge a complaint e. g. a person who is at Umzimkulu must travel ± 2 -3 hours to Durban office to report a case. He/she must spend R 150 for transport. A person from Enkandla travels ± 3 – 3½hrs to Durban to report a case. It will cost that person R 200 and there is no reimbursement from ICD. Therefore services of ICD are very expensive to afford. • Applications for exemption not coming forth from the police and ICD cannot ensure that 65

• Ensure access to and sharing of knowledge resources amongst ICD staff • Production of quality research recommendations which are “cutting edge” and innovative • Establish a knowledge management system in order to facilitate the accessing and sharing of knowledge resources • Revamping ICD Internet - so that we can use it as a platform for marketing ICD 66 nationally

Financial Statements Ms E Verster 67

Financial year 2006/7 Budget and Expenditure per Programme to 31 December 2006 Programme Budget R ‘ 000 Expenditure (and % of total commitments) expenditur e& R ‘ 000 commitme nt Number of posts 1 Administration ED office; 4 X CD; cent. Support Services 22 777 16 007 559) (1 35% 63 2 Investigations 9 X P/Heads & DPHs; Legal S; DD: I in N/O; ACC 4 and 67 Investigators 29 058 20 689 602) (1 44% 101 3 Compl. Reg. Mon. & Research N/O: IT; Com. ; Lib; Res; Stat. Provinces: Comp. Registry & Mon. 14 071 8 789 998) (1 21% 67 TOTAL 65 906 45 485 (5 (76, 8%) 231 68

Expenditure per Economic Classification Comparison between 2005/6 and 2006/7 Economic Classification Current payment: - Compensation - Goods & services, Expendit ure for 2005/6 R `000 Budget for 2006/7 R `000 Expenditure for 2006/7 (31/12/06) R `000 % 30 235 39 559 27 422 69% 15 257 (U/spending = 6% or R 2. 4 Millio 24 411 n) Others 20 522 Transfers: - Provincial & Municipal - Dept agencies Capital assets: - Building & fixed assets - Equipment: C/Hardware & Printer; Office Furniture &equipment; Cameras & projectors; Security 91 35 575 2 618 425 84% 25 25 100% 40 (Paid in full Jan `07) - 1 729 2 000 142 (O/ spending R 300 000) 69

Expenditure per Economic Classification • Comparison between 2005/6 and 2006/7 The PFMA under Section 43 (1) allows an Accounting Officer (cont…) to utilize a saving in the amount appropriated under a main division within a vote, to defray excess expenditure under another main division within the same vote - the said amount (or saving) may not exceed 8% of the appropriated amount under a main division. • In line with the above Section of the PFMA, Treasury Regulation 6. 3. 1( c) allows Departments to utilize the allocations earmarked by the relevant treasury for the Compensation of Employees to be utilized for other purposes. • Treasury Regulation 15. 10. 1. 2 requires sound cash management which includes that prepayment for goods and services – in advance - are to be avoided unless required by contractual arrangement. • Treasury Regulation 8. 2 prescribes that unless determined 70 otherwise in a contract or agreement, all payments due to creditors must be settled within 30 days from receipt of an

Expenditure on Goods and Services Comparison between 2005/6 and 2006/7 2005/6 R ‘ 000 Advertising (Recruitment; tenders; marketing 2006/7 (31/12/06) R ‘ 000 692 414 1 459 1 094 36 82 Resettlement cost Leasehold property (Devolution from DPW 190 392 238 3 518 Travel & subsistence (Accomm. ; D/Allow. ; 4 128 5 024 174 111 Consultants, Contractors & S/Services (Audit Comm. ; Security; Medical Vaccinations – Hepatitis; ICAS Emp. Wellness Printing & publications (A/report; DVA report; ICD Brochures Food/Beverages; Incidental exp. ; Car rental; Own Traveling; Air & SMS; Foreign daily allow Venues & facilities (Lekgotla; W/shop; Launches: Integrity and VCT 71

Expenditure on Goods and Services Comparison between 2005/6 and 2006/7 Attendance fees (W/shops & Training (cont…) 595 458 16 19 Communication (Tel; Cell; TV Licenses; Postal; P/Bag 1 479 1 129 Computer Services (Data; SITA internet, Mainframe & 1 457 1 290 55 41 1 2 167 222 752 578 384 163 662 765 Bank charges Service; Develop Intranet Courier and delivery services Drivers licenses (50/50 bursary scheme Entertainment/Catering (Imbizo’s; Interviews, SMC Meetings; Teambuilding; External audit fees (Compliance; Performance; Standard annual audit Equipment less than R 5 000 (Air Condit. ; Films/Tapes/CD’s; Security; Dom and Office furniture & Equipment Inventory 72

Expenditure on Goods and Services Comparison between 2005/6 and 2006/7 Maintenance, repair and running cost (Office building; (cont…) 154 132 400 248 Photographic services (Development of Photos/tapes 1 1 Plants, flowers and other decorations 4 6 Professional bodies and membership fees 6 4 13 6 Translations and transcripts 1 - Leasehold expenditure (Cleaning and Fumigation - 366 Witness and related fees (Entrapment money - 6 partitioning Operating Leases (PABX telephone systems & Photocopiers Subscriptions Commitments (Leaseholds such as Security contracts longer than 1 year Total 1 686 15 20 522 243 73

Expenditure: Transport, Travel and Subsistence per Office Comparison between 2005/6 and 2006/7 Office 2005/6 2006/7 (Accom. ; D/Allow. ; Incidental; Car rental; Own & SMS; Air; Foreign d/allow. + GG) (Total Staff structure Investigators) (31/12/06) R`000 R `000 National Office 2+4 80 – 1 195 2 230 Eastern Cape 6 Free State 6 16 – 438 607 14 – 265 653 22 – 176 367 20 – 393 666 Gauteng 11 Kwa. Zulu-Natal 11 74

Expenditure: Travel and Subsistence without G/Motor Transport, for 2006/7, per Office and per Programme (cont…) Office (Accom. ; D/Allow. ; Incidental; Car rental; Own & SMS; Air; Foreign d/allow. ) P 1 R `000 P 2 R `000 P 3 R `000 Total R `000 Eastern Cape – 6 16 36 400 41 477 Free State – 6 14 19 398 66 483 Gauteng – 11 22 1 129 - 130 KZN – 11 20 18 318 21 357 Limpopo – 7 16 18 454 60 532 Mpumalanga – 6 14 15 181 20 216 75

Expenditure: Travel and Subsistence without G/Motor Transport, for 2006/7, per Office and per Programme (cont…) Office P 1 P 2 P 3 Total R `000 Total: Prov 151 67 204 Office of ED 3 99 4 X CD 8 420 - - 420 (8%) - 285 (6%) 237 109 370 ACC -4 Other Directorates 2 933 367 3 504 (7 0%) - - 99 (2%) 716 (1 4%) 65 Total: N O 756 394 370 1 520 76

Expenditure: Government Motor Transport for 2006/7, per Office and per Programme (cont…) Office P 1 R `000 (GG only) P 2 R `000 P 3 R `000 Total R `000 Eastern Cape – 6 16 19 162 37 218 Free State – 6 14 20 179 65 264 Gauteng – 11 22 14 186 47 247 KZN – 11 20 20 229 34 283 Limpopo – 7 16 32 135 59 226 Mpumalanga – 6 14 14 73 47 134 Northern Cape – 5 13 11 145 50 206 North West – 6 16 22 94 38 154 77

Expenditure: Government Motor Transport for 2006/7, per Office and per Programme (cont…) Office P 1 R `000 P 2 R `000 P 3 R `000 Total: Prov 151 67 156 1 362 383 1 901 Office of ED 3 17 - - 17 (, 5%) 4 X CD 8 15 - - 15 - 71 ACC -4 (80 %) (3%) Other Directorates 65 221 23 138 382 (16%) Total: NO 80 – 253 94 138 485 78

Qualified Report from the Auditor. General - Much progress has been made to date - Interim AG Report confirms improvement 1 Clearing of Suspense Accounts • Attention is now given to clear the last of the outstanding R 1, 2 million of the Disallowance Miscellaneous Account, viz R 326 000, before the close of the current financial year 79

Qualified Report from the Auditor-General (cont…) • Reason for creating a suspense account, the Disallowance Miscellaneous Account: - The suspense account was used to transfer outstanding balances from the various accounts on the previously used FMS system (numerical) to the new BAS system (alphabetical), in order to timely close all the different accounts in the old system as from 1 October 2002. - During the next year ICD staff was expected to clear these balances and re-allocate the various amounts to the relevant accounts in the new system. - Due to the limited hands and skills, this re-allocation process did not commence. - Up to 1 April 2006 the outstanding balance on this account increased to R 1, 2 million. 80

Qualified Report from the Auditor-General (cont…) • Treasury Regulation 17. 1. 2: - The Regulation allows for the use of a clearing or suspense account when the classification of a transaction cannot be resolved. In such a case, monthly reconciliations are to be performed in respect of such suspense account and, a report is to be submitted to the HOD. • Progress made to clear the outstanding balance of R 1, 2 million: - During the current financial year much effort has been put in to clear the outstanding balance and currently the outstanding amount of R 326 000 in the said account is being investigated. - All effort is made to clear the account in totality before the close of the financial year: 2006/7. 81

Qualified Report from the Auditor-General (cont…) 2 Staff debtors • 25 debtors were raised during October 2005 due to the clearing of the Conversion Accounts. A few more debts were registered since 2006 Ten debtors have been traced through the Government Pension Fund and letters were sent for collecting the debts One submission for the writing-off of a debt has been put to the Programme Manager: Investigations, for his recommendation Four other debts have been written-off earlier in the financial year and another nine is in the process of being written 82 off • • •

Qualified Report from the Auditor-General (cont…) LIST OF DEBTORS Debtor Name Debt Type Capital Date Debt R Balance Comments R Dlamini PP Salary 2402. 75 1/10/02 1 932. 61 Pension insufficient, untraceable, to write off Galeboe DK Tax 639. 91 20/10/0 5 639. 91 Responded positive to reimbursement Gaseranye MP Tax 314. 944 20/10/0 5 314. 94 Untraceable, to write off Kekana MP Salary 2 377. 37 13/10/0 5 Kissoonduth K Tax 845. 90 20/10/0 5 845. 90 No response, Departmental claim to be instituted Legoase M Tax 111. 88 20/10/0 2 111. 88 No response, Departmental claim to be instituted Mabona S Bursary 6 000. 00 29/03/0 2 377. 37 Await pension payout 0 Paid in full 83

Qualified Report from the Auditor-General (cont…) LIST OF DEBTORS Mbangeni VL Tax 187. 41 20/10/0 5 Meyer SJ Salary Mkhize DZ 187. 41 Untraceable, to write off 1 200. 00 20/10/0 5 1 200. 00 Positive response for reimbursement Tax 152. 56 20/10/0 5 152. 56 Positive response for reimbursement Mokgojoa M Tax 1 468. 58 20/10/0 5 1 468. 58 No response, Departmental claim to be instituted Monyepao MP Salary 14 075. 27 13/10/0 5 Nemavhidi A Tax 212. 32 20/10/0 5 212. 32 Letter sent for collection of debt Njovu. Salary Kgamanyan e KI 5 774. 93 13/10/0 5 5 774. 93 Requested her husband to provide personal details Nonyane NM 6 000. 00 20/10/0 5 Bursar y 14 075. 27 Await pension payout - Fully paid 84

Qualified Report from the Auditor-General (cont…) LIST OF DEBTORS Shai JK Tax 981. 04 20/10/05 981. 04 Letter sent for reimbursement Sibisi MZ Salar y 54 565, 21 13/10/05 54 565, 21 Letter sent for reimbursement Sphengan e NAM Tax 304. 23 20/10/05 304. 23 Letter sent for reimbursement Subroyan R Tax 630. 51 20/10/05 630. 51 Untraceable, to write off 10 040. 64 13/10/05 8 024. 47 20/10/05 8 024. 47 Untraceable, to write off 226. 40 20/10/05 226. 40 Untraceable, to write off Moeng MR Salar y Ngwane J Tax Total 10 040. 64 Await pension payout R 107 970. 45 85

Qualified Report from the Auditor-General (cont…) Current year (new) Debtors Mabe VE Accomm. 717. 00 Persal deduction, balance R 717. 00 Kgamanyane KI Bursary 4 910. 00 Persal deduction, balance R 4 488. 03 Mabele M Bursary 3 350. 00 Persal deduction, balance R 2 412. 57 Maredi EK Bursary 2 220. 00 Persal deduction, balance R 470. 00 Mathibedi T Bursary 3 370. 00 Persal deduction, balance R 1 955. 92 Motaung NP Bursary 5 100. 00 Persal deduction, balance R 4 916. 58 Mogovheli M Bursary 4 840. 00 Persal deduction, balance R 3 699. 93 Naidoo M Salary 7 828. 00 Pension insufficient and debt of R 3 691. 03 to be collected 86

Qualified Report from the Auditor-General (cont…) Current year (new) Debtors Matlou TR Tax Phiri D Tax 726. 09 Persal deduction, balance R 726. 09 Vana L Tax 832. 68 Persal deduction, balance R 832. 68 Vana L Telephon e 877. 64 Persal deduction, balance R 877. 64 Total 1 905. 68 Fully paid up 36 Current Balance: R 24 787. 47 677. 09 87

Financial year 2006/7 Budget and Actual Expenditure per Programme to 19 March 2007 (Preliminary) Programme Budget Actual Expenditure % of total expenditur e Number of posts R ‘ 000 1 Administration ED office; 4 X CD; cent. Support Services 22 777 23 298 35 63 2 Investigations 9 X P/Heads & DPHs; Legal S; DD: I in N/O; ACC 4 and 67 Investigators 29 058 26 878 41 101 3 Compl. Reg. Mon. & Research N/O: IT; Com. ; Lib; Res; Stat. Provinces: Comp. Registry & Mon. 14 071 11 309 17 67 TOTAL 65 906 61 485 93 231 88

Budgetary allocation Comparing growth in budget from 2005/6 to 2007/8 Programm 2005/6 2006/7 2007/8 e Expenditu Budget R `000 re R `000 1 Administratio n 2 Investigations 21 743 22 777 (5%) 29 499 (36%) 21 283 29 058 (36%) 35 663 (67%) 3 Compl. Reg. Mon & Research Total 11 480 14 071 (22%) 15 729 (37%) 89 54 506 65 906 80 891

Proposed allocations for the Financial year: 2007/8 Office Programme 1 Programme 2 Programme 3 / Staff numbers R `000 R Total allocation R `000 Prov: Eastern Cape / 16 477 3 056 785 4 318 Free State 369 2 809 784 3 962 437 4 262 1 155 5 854 / 593 4 582 836 6 011 / 16+1 395 3 215 790 4 400 359 2 828 742 3 929 / 374 2 560 763 3 697 / 16 437 2 922 813 4 172 612 4 100 945 5 657 Gauteng / 14+1 / 22+1 Kwa. Zulu-Natal 20+1 Limpopo Mpumalanga Northern Cape 13+1 North Western Cape / 14+1 / 20 90

Proposed allocations for the Financial year: 2007/8 (cont…) S O: 358 1 231 472 2 061 Richards Bay /4 Mthatha 4 / 1 231 472 2 061 4 769 Total: Prov. / 151+14 358 32 796 (6 8 557 46 122 (57 %) %) N O: Office of ED / 3 2 033 (2. 5%) - - 2 033 4 X CD 8 / 3 508 (4. 3%) - - 3 508 ACC 4 / - 1 469 19 189 (23%) 1 398 7 172 27 759 24 730 2 867 7 172 34 769 91 ( (43 %) Other Directorates / 65+3 Total: N O / 80+3 9%)

Proposed allocations for the Financial year: 2007/8 (cont…) TWOP 1 SATELLITE OFFICES (2) Standard P 2 P 3 Total Items R `000 Compensation 93 Salary; Benefits; Dan 1 X Adm. ger& S/by Allow. Clerk R `000 511 1 X PI & 1 X SI R `000 104 1 X Case Analyst SI - 240; PI 271 Goods & Services Photocopy; Phones; D/lines; S&T; Resettlemt; Advertise. 72 Buildings 4 X 12+12+12 XR 80 S q. MX 12 months+1/2 p arkings 80 Mach & Equip. 4 X Furn. ; 2 XCars; Router& Cabling; 254 143 R `000 708 (34%) 4 Staff members 469 ( 2%) - - 80 4%) 112 464 224 800 92 9%) (

Financial year: 2007/8 Budget: Satellite offices Requested R 28 million - to open 12 satellite offices Received R 3, 9 million - could open at least one s/office Reviewed the proposed staff structure: Reduced 7 members to 4 members Results: Less expenditure in terms of: • Compensation of Employees • Accommodation • Furniture/equipment and vehicles 93

Thank you Questions ? 94

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 95

ABBREVIATIONS 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 96

ABBREVIATIONS 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 97