INDEPENDENT COMPLAINTS DIRECTORATE Presentations to the Portfolio Committee

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 2006/2007/2008 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 2007 Male Occupati onal Category African Coloured Senior Managers 11 Middle Managers 21 3 Supervisor y 39 Lower Level Totals Indian Female Total White African Coloured Indian White 1 1 16 2 1 9 1 1 8 46 3 5 9 24 6 1 - 87 23 - - - 34 8 3 2 70 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: Administration 63 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 28 Department TOTAL 43 (18%) Promotions

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 R 800 000 per annum on the Personnel Budget (R 1. 6 m 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 cleared the Department’s Miscellaneous Disallowance Accounts. Completed the unique numbering of assets, in H/O, still busy in the Provinces. Launched the Service Delivery Charter of the Department Conducted an Induction Course to 40 new Employees Managed to upgrade all our secretaries from salary level 4 to 5 as directed by DPSA Addressed all the AG’S concerns regarding leave, the SCM policy, training of SCM staff and the HR plan. Upgraded Investigators’ salaries. Opened two Satellite Offices in Mthatha & Richard’s Bay Managed to send 175 Employees on different training courses. Evaluated 101 jobs/posts in compliance with DPSA prescripts.

PRIORITIES FOR 2008/2009 • Establishment of an Asset Management Unit with at least four staff members - One x ASM : Asset Management - One x Senior Asset Management Officer - Two x Assets Management Clerks (N/O) • Strengthening of all Provincial Offices in Programme 1 to deal with Assets and general administration • Operationalize the approved translation of 31 Monitor positions from Programme 3 into Investigator positions, by January 2008 • Opening of additional Satellite Offices in the remaining Provinces, funds permitting

PROGRAMME 3: Information Management System Ms N Sihlezana

Legislative Mandate • In terms of the Domestic Violence Act 116 of 1998, failure by a member of the South African Police Service to comply with an obligation imposed in terms of this Act or the National Instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act 68 of 1995; and the Independent Complaints Directorate, established in terms of the said Act must forthwith be informed of any such failure reported to the South African Police Service. • Furthermore, the ICD must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4)(a), setting out the recommendations made in respect of such matters.

Types of non-compliance The DVA Report presents a factual analysis of cases of non–compliance with the Domestic Violence Act (DVA) by members of the South African Police Service (SAPS) and the recommendations made to address same. The type of cases of non–compliance with the DVA addressed in these reports include: 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 Eastern Cape Free State Gauteng Kwa. Zulu-Natal Mpumalanga Limpopo Northern Cape North Western Cape Total Jan - June 2005 July - Dec 2005 22 4 1 0 2 14 0 0 0 3 12 0 40 0 0 2 7 19 3 49

Station Audit- 2005 • Eastern Cape – out of 26 stations that were visited, only 12 station complied Flagstaff, Motherwell, Gelvandale, Grahamstown, Elliot, Aliwal North, Ngangelizwe, Umtata Central, Mt Frere, Lusiki, 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 Free State Gauteng 4 4 6 10 6 16 Kwa. Zulu-Natal Mpumalanga Limpopo Northern Cape North Western Cape Total 42 1 13 46 14 8 138 29 6 13 9 9 9 168

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 • Kwa. Zulu-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 Free State Gauteng 0 0 0 1 0 6 Kwa. Zulu-Natal Mpumalanga Limpopo Northern Cape North Western Cape Total 0 0 0 3 3 5 0 0 17

Cell Inspections Jan-Dec 2006 Province Eastern Cape Free State Gauteng Kwa. Zulu-Natal Mpumalanga Limpopo Northern Cape North Western Cape Total Jan - June 2006 July - Dec 2006 4 6 3 0 2 13 0 0 0 12 0 0 21 0 0 0 19

Awareness Campaigns conducted during Jan-June 2005 Province Eastern Cape Free State Gauteng Kwa. Zulu-Natal Mpumalanga Limpopo Northern Cape North Western Cape Total Jan - June 2005 July - Dec 2005 4 6 1 3 1 1 0 2 3 3 16 4 0 5 0 11 0 30

Awareness Champaign during Jan-Dec 2006 Province Eastern Cape Free State Gauteng Kwa. Zulu-Natal Mpumalanga Limpopo Northern Cape North Western Cape Total Jan - June 2006 July - Dec 2006 4 7 0 9 3 13 13 2 3 10 9 2 46 9 5 26 6 15 2 92

Workshops conducted during Jan-Dec 2005 Province Eastern Cape Free State Gauteng Kwa. Zulu-Natal Mpumalanga Limpopo Northern Cape North Western Cape Total Jan - June 2005 July - Dec 2005 3 6 0 0 0 0 0 3 0 0 0 2 8

Workshops conducted during Jan-December 2006 Province Eastern Cape Free State Gauteng Kwa. Zulu-Natal Mpumalanga Limpopo Northern Cape North Western Cape Total Jan - June 2006 July - Dec 2006 1 0 0 0 1 0 12 0 1 16 0 2 1 0 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 24 hrs Target met Time within which cases are allocated after 48 hours Target met registration Updating the database with case developments Time within Two (2) days which updating Target met of case developments takes place

Performance 2006/2007 (cont…) Area Output Indicator Monitoring Finalization of all applications for exemption in terms of DVA, received by ICD provincial offices within 30 days of such application Percentage of 100% within 30 applications for days of receipt exemption Target met finalized Production of Number of audit reports by external audits ICD provincial offices reflecting the state of affairs concerning compliance with DVA Target Three (3) station audits per quarter province Target met in all provinces except Mpumalanga which managed 11 audits for the year

Performance 2006/07 cont…. Area Output Indicator Target Research Production of qualitative reports containing recommendations Number of reports 3 reports per on systematic annum problems in Target met policing Consultation with stakeholders Number of workshops on systematic problems in policing One (1) workshop per annum Target met

Performance 2006/07 Area Output Indicator Information and Communication Technology Internal client satisfaction in terms of number of responses and response time Response to 95% Target met requests within four (4) hours Communication Prompt media responses Time taken to respond to media enquiries Community outreach Production of a activities report reflecting community outreach activities Target Within one (1) hour of receipt Target met Three(3) community awareness programmes per quarter 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 Kwa. Zulu-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 Kwa. Zulu-Natal, Gauteng, and the Eastern Cape.

Research Projects. . (cont) Findings : Although various strengths, limitations, and challenges were encountered, the researchers are of the opinion that valuable insights were gained, on the basis of which useful recommendations were made. These relate to the following: • the problem of scene tampering and notification delays by the police; • similar crime scene-related problems experienced by pathologists; • the issue of non-compliance by police when dealing with ICD investigators and pathologists; • perceived police ignorance regarding the mandate of the ICD; • the issue of perceived police racism; • the use of excessive police force; • potential confusion created by media statements made by politicians and high ranking police officials; and occupational stress experienced by police.

Research Projects. 2. Research into Compliance with ICD recommendations by the SAPS Background This research project was conducted jointly by the ICD and the Institute for Security studies (ISS). It sought to investigate the extent to which the SAPS complied with the recommendations made by the ICD. The research objectives were as follows : • • • to develop a clear understanding of the relationship between the ICD and the police; to examine the processes and procedures used by the ICD to present their recommendations relating to disciplinary or administrative action, as well as recommendations pertaining to criminal matters dealt with by the Directorate of Public Prosecutions (DPP); to establish the general level of compliance by the police with recommendations by the ICD; to evaluate the impact of recommendations by the ICD; to identify possible reasons for non-compliance; and to make recommendations that would address areas of non-compliance.

Research Project. 2. cont • • • FINDINGS The data analytical process yielded preliminary findings relating to the following: Relationship between the ICD and the Police The level of police compliance Possible reasons for non-compliance Impact of ICD recommendations

WORKSHOP STAKEHOLDER WORKSHOP On the 28 th of March 2007, the Independent Complaints Directorate (ICD) hosted a workshop entitled “Deaths as a result of police action: towards a preventative strategy” at the Saint Georges Hotel in Pretoria. The workshop was based on a research project which was conducted by the Pro-Active Research Unit of the ICD. The departments represented, were: • Secretariat for Safety and Security • South African Police Service • Metropolitan Police Service • Community Safety and Liaison • Independent Complaint Directorate

NATIONAL STATISTICS 2006 -2007 Deaths, criminal offences & misconduct case intake Province 2006/7 Provincial share Eastern Cape 364 7% Free State 466 9% Gauteng 1256 23% Kwa. Zulu-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 Kwa. Zulu-Natal KZN Metro Police 3 Total 9

Table 8: Circumstances of Deaths 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% 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% Deaths as a result of police action

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% 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% Deaths as a result of police action

Table 10: Circumstances of death per province Deaths 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 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 Deaths as a result of police action

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 Kwa. Zulu-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’s gender Total Percentage share Female 48 7% Male 650 93% Total 698 100%

Table 25 : Criminal Offences Province 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 2006/7 Short description 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) 2006/7 Short description 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: 2006/7 Short description 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 Completion of investigations in respect of criminal offences within 180 days 60% of notifications received from SAPS/MPS 50% of complaints received from SAPS/MPS Completion of investigations 60% of complaints in respect of misconduct within 90 days

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 Received 2006/07 Completed 2006/07 Death 698 1613 Criminal 1787 2251 Misconduct 2927 3510 TOTAL 5412 7374 Case Type

Cases Due for completion by March 2007 (180 Days) Months Deaths Offences April 38 127 Targets Deaths Offences Targets 50% 60% May June July August Sept Total 58 54 57 67 49 323 177 139 124 142 127 836 194 418

Cases Due for completion by March 2007 (90 Days) Month Misconduct May 255 June 240 July 236 August 216 Sept 190 Total 1344 Targets (60%) 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 Kwa. Zulu-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 Completed Province Received 2006/7 Completion rate (%) Eastern Cape 72 187 280 Free State 56 26 46 Gauteng Kwa. Zulu-Natal 169 153 101 276 60 180 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 Kwa. Zulu-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 completed Province Received 2006/7 Completion rate (%) Eastern Cape 94 185 197 Free State 164 101 62 Gauteng Kwa. Zulu-Natal 458 197 269 140 59 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 150 300 Kwa. Zulu-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 completed Province Received 2006/7 Completion rate (%) Eastern Cape 198 281 142 Free State 246 140 57 Gauteng Kwa. Zulu-Natal 629 281 300 230 48 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 Class 1 1 248 Average per investigator 18 Class 2 186 3 Class 3 1 947 27 Class 4 2 488 35 Total 5 869 83

Investigation workflow Typical murder investigations Activities Attend crime scene (2 investigators) Timelines 1 day (2 -6 hrs) Interview of witnesses at crime scene 4 -6 hours Collection and packaging exhibits Attend post mortem Re-visit crime scene, further interviews and statement taking 2 hrs 1 day (2 -3 hrs) 1 – 2 days Update of database, progress reports to complainant and stakeholders Prepare recommendation to DPP Serve subpoenas and attend court Monthly 2 -3 months 4 -7 days

Outcome of criminal cases SAPS CAS Offence/ Misconduct Findings/Outcomes Chatsworth CAS 740/02/06 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 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 Addo CAS 158/12/02 Murder Guilty of culpable homicide and R 3000 or 12 months imprisonment Mount Frere CAS 80/12/03 Assault GBH & torture R 2000 fine or 6 months imprisonment and half suspended for 5 years

Outcome of criminal cases SAPS CAS Offence/ Misconduct Findings/Outcomes Tsolo CAS 78/10/00 Murder Guilty of culpable homicide and R 5000 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 R 3000 or 6 months imprisonment Elliot CAS 27/11/03 Assault Guilty and fined R 300 Tsolo CAS 68/05/03 Assault GBH Guilty and sentenced to 6 months imprisonment

Outcome of criminal cases SAPS 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 R 20 000 or 5 years imprisonment & 16 hours of community service Madibogo CAS 81/12/03 Murder Guilty and sentenced to years imprisonment

Outcome of criminal cases SAPS CAS & ICD CCN Offence/ Misconduct Mmabatho CAS 379/09/04 Findings/Outcomes Reckless and negligent Guilty and fined R 200 or 6 months driving imprisonment plus 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 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 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 years imprisonment suspended for 5 years

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 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: • R 161 000 – Accommodation • R 91 000 – GG transport • R 53 000 – Air transport • R 10 000 – Daily allowance • R 5 000 – Kwela car rental (point-point) • R 1 000 – Incidental expenditure

Financial Statements Ms E Verster

Financial year 2006/7 Budget and Expenditure per Programme Budget Expenditure R ‘ 000 % of total expenditur e Number of posts R ‘ 000 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 45 101 3 Compl. Reg. Mon. & Research N/O: IT; Com. ; Lib; Res; Stat. Provinces: Comp. Registry & Mon. 13 272 20 67 TOTAL 65 906 65 271 (99, 03) 231

Expenditure per Economic Classification Comparison between 2005/6 and 2006/7 Economic Classification Expendit ure for 2005/6 R `000 Expenditure increase for 2006/7 R `000 % Current payment: - Compensation 30 235 36 831 22 - Goods & services, Others 15 257 24 474 60 91 35 25 40 14 575 2 618 - 3 139 20 425 761 79 Transfers: - Provincial & Municipal - Dept agencies Capital assets: - Building & fixed assets - Equipment: C/Hardware & Printer; Office Furniture &equipment; Cameras & projectors; Security equipment; Gazebo & flags

Expenditure on Goods and Services Comparison between 2005/6 and 2006/7 Accounts that increased by more than 33% from the previous financial year 2005/6 2006/7 R ‘ 000 Bank charges 16 25 Entertainment (Imbizo’s; interviews; meetings) 167 267 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 4 128 5 646 - 5 Gov. Motor Transport (M/levy; R 1 p km. ) Travel and Subsistence Witness and related fees (buy-&-bust operations)

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 2006/7 R `000 R Eastern Cape 16 – 6 150 269 128 Free State 14 – 6 181 318 002 Gauteng 22 – 11 169 316 190 Kwa. Zulu-Natal 20 – 11 195 368 669 Limpopo 16 – 7 154 247 214 Mpumalanga 14 – 6 92 290 063 Northern Cape 13 – 141 226 546

Expenditure: Government Motor Transport for National Office Comparison between 2005/6 and 2006/7 (cont…) Office (Total Staff structure – Number of Investigators in National Office during 2006/7) 2005/6 2006/7 R `000 R Office of ED 3 11 15 055 4 X CD 8 10 20 304 ACC - 4 50 96 817 Other Directorates 263 30 783

Expenditure: Travel and Subsistence without G/Motor Transport, for 2006/7, per Office and per Programme Office P 1 P 2 P 3 Total (Accom. ; D/Allow. ; Incidental; Car rental; Own & SMS car; Air; Foreign d/allow. ) Provincial Offices R R R 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

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 National Office R `000 Office of ED 3 158 451 4 X CD 8 466 217 ACC - 4 237 448 Other 280 536 Directorates 65 96 673 478 476 855 685 Total: N O 80 – 4 905 204 334 121 478 476 1 717 801 1 163 485 3 529 823 951 980 5 645 289 Grand total 237 448

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 (R 12 000)

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. R 500) 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 MANAGEMENT Another qualified Report from the Auditor-General for the Financial Year 2006/7 was received Note: • 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

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) Call Centre Total 3 138 3 222 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

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