Independent Complaints Directorate (ICD) Annual Report 2009/10: hearings

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Police

15 November 2010
Chairperson: Ms L Chikunga
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Meeting Summary

The Independent Complaints Directorate reported as highlights of the past year an unqualified report from the Auditor-General after five years of qualified reports; a total of 6377 complaints were received during the financial year, and 98% were allocated within the specified 48 hours; the Directorate made 526 recommendations for decisions to the Director of Public Prosecutions in criminal matters, and a total of 1666 recommendations were made by the Directorate to South African Police Service management with regard to various offences; in 48 cases, members of the Police were convicted for various criminal offences – 25 were convicted in relation to deaths in police custody and deaths as a result of police action, and 22 convictions were related to other criminal offences; and a new strategic plan for the Directorate was developed that focused on the on the investigation of priority crimes committed by members of the Police.  Matters that would receive priority attention in the next budget cycle were further focus on the financial management architecture of the department; improving performance reporting; addressing the gender imbalance in senior management; strengthening good governance practices and ethical conduct; strengthening national and provincial management; and increasing public awareness regarding the role of an independent oversight institution that aimed to promote police conduct in line with the Constitution. The Directorate gave a general review of the state of financial affairs; important policy decisions and strategic issues, including the creation of a new staff establishment and macro-structure based on the status of the Directorate as National Directorate since 2007; spending trends; services rendered; capacity constraints; utilisation of donor funds; trading entities and public entities; organisations to whom transfer payments had been made; public private partnership; corporate governance arrangements, under which it was noted that the post of Manager: Ethics and Risk Management was suitably filled early in the second semester of the financial year, and all employees had to complete the annual conflict of interest declaration form and refresher training on the Directorate’s core values and ethics had been undertaken; discontinued activities and activities to be discontinued; new or proposed activities; asset management, as to which it was noted that much effort was made to ensure that all assets were recorded on the Logistical Information System Asset Register; and performance information, with regard to which the Directorate had sought assistance of a consultant to develop a monthly report to be completed by all responsibility managers in respect of the number of complaints dealt with and the level of attainment of the set targets or objectives in line with the Directorate’s Strategic Plan. The Directorate had no resolutions of the Standing Committee on Public Accounts to report upon.   

Members were particularly concerned about the insufficient employment of women at senior management levels, the Directorate’s strategic objectives as reflected in the annual report, the death of prisoners while in police custody, and financial aspects. The Chairperson was frustrated at one of the senior Directorate managers’ response to questions and explained that the Directorate needed to take its work seriously. Concern was also raised on how members of the South African Police Service failed to do a body search on some prisoners. Questions were also asked on employment of the disabled within the Directorate. The Chairperson requested that some questions be responded to in writing such as measurable strategic objectives and station audit. The Directorate was encouraged to compare its report with that of other Departments.

The Committee accepted the report with serious reservations and concerns. However, if the Directorate produced a similarly poor annual report again, the Committee would reject it.

Meeting report

Chairperson’s opening remarks
The Chairperson said that the Independent Complaints Directorate (ICD) had been requested in the meeting on 5 November 2010 to correct some issues in its report and hoped that the issues had been corrected. She added that she appreciated the fact that the ICD for the first time had received an unqualified opinion from the Auditor-General (AG) which was said to be a reflection that financial systems were in place. The Chairperson urged the ICD to strive for a clean audit opinion not only in terms of their financial management but also in terms of its performance.

ICD Annual Briefing Report Presentation
Mr Francois Beukman, Executive Director, ICD, stated that the Minister had tabled the erratum to the ICD report to Parliament. He presented on the overview of the Directorate. He said that substantial improvements were made in the financial management of the Directorate. The Directorate had also received an unqualified report from the AG after five years of receiving qualified reports. A total of 6377 complaints had been received during the financial year and 98% were allocated within the first 48 hours. The ICD also made 526 recommendations for decisions to the Director of Public Prosecutions (DPP) in criminal matters and a total of 1666 recommendations were made by the ICD to South African Police Service (SAPS) management with regard to various offences. In 48 cases members of the SAPS were convicted for various criminal offences- 25 were convicted in relation to deaths in police custody and deaths as a result of police action, and 22 convictions were related to other criminal offences. A new strategic plan for the organisation had been developed which focused in the investigation of priority crimes committed by members of the SAPS and Military Police Service (MPS). Matters that were to receive priority attention in the next budget cycle were the financial management architecture of the Directorate, improving performance reporting, addressing the gender imbalance in senior management, strengthening of good governance practices and ethical conduct, strengthening national and provincial management and increasing public awareness regarding the role of an independent oversight institution that aimed to promote police conduct in line with the Constitution.

Mr Beukman spoke on the legislative process and reorganisation project.  He noted that there had been a development of a programme of action for the implementation of the proposed new legislation. A reorganisation project team and a steering committee had been appointed. There had been workshops on police civilian oversight and another on the investigation of torture by members of the SAPS. Up until 31 March 2010 there had been two steering committee meetings, consultations with the Department of Public Service and Administration (DPSA), National Treasury and the AG and there had been consultations with the relevant labour unions.

The general programme of performance consisted of programme 1 which comprised of ethics, risk and integrity. The programme involved a revised ICD mission statement, dedicated focus on upholding of values and integrity within the Directorate, risk training programme, monthly risk reporting programme and a dedicated focus on attendance to ICD ethics helpline complaints and enquiries. Programme 1 also involved issues of security such as upgrading of management in security components, review of the security system and implementation of stringent security procedures and reprioritisation of National Intelligence Agency (NIA) security vetting of all staff members.

Programme 2 comprised of uniform monthly performance reporting such as consultations to design a monthly report template and constant monitoring and evaluation of performance, referral by the Minister, and high profile cases. Programme 3 involved database management and attendance to Presidential hotline complaints and weekly reporting on the progress that had been made.

Next was the presentation of the report of the accounting officer. A general review of the state of financial affairs was given on the important policy decisions and strategic issues facing the Directorate which involved the creation of a new staff establishment and macro-structure based on the status of the Directorate as a National Department since 2007 and the spending trends. Other aspects that comprised the report of the accounting officer were services rendered by the Directorate, capacity constraints, and utilisation of donor funds, corporate governance arrangements, asset management, performance information and prior modifications to audit reports.

Mr Elias Valoyi, Programme Manager: Corporate Services and Acting Chief Financial Officer (CFO), ICD, presented on Programme 1: Administration. The objective of the programme was to provide for the overall management and organisation of the Directorate. Programme 1 consisted of components such as the human resources management, finance, assets and supply chain management, internal audit, security services, labour relations, training and service delivery, employee wellness and special programmes and ethics and risk management. The staff complement per programme was given. The total number of approved posts was 287. The staff complement per office was also given and it was reported that all satellite offices had four people.

An action plan on the AG’s findings was presented to the Committee. As to the appointment to a post for which a title had not been approved, the human resources management had been allowed to change the title in line with the approved structure by 17 September 2010.  In relation to the finding by the AG that employees had received acting allowances for longer than six and 12 months without their acting appointment being extended in writing, the action taken was to specify start and end dates in all letters of appointment to acting positions.

Mr Valoyi presented the strategic objectives. A target had been set to comply with the Employment Equity Act by having 50% of women in senior management by March 31 2010. The target had not been met. A target that was also not met was the implementation of an ethics code by conducting workshops of ethics code to suppliers. However, the target to evaluate controls by executing an operational plan, implementing an asset management strategy through an updated register and having an accredited training programme had been met. An action plan to address the targets that had not been met such as the issue of having 50% women in management and the implementation of an ethics code to suppliers was presented.

Mr Thomas Tshabalala, Programme Manager: Investigations, ICD, presented on Programme 2: Investigations. He gave the strategic objectives of the year 2009/2010 first. He noted that complaints had been registered and had been allocated within 48 hours. Furthermore there was a 50% completion of criminal offence complaints and of misconduct complaints. Highlights of the financial year 2009/2010 were given. It was said that there had been an attainment of the strategic objectives that had been set for the programme in 2009/2010. An implementation of the standard operating procedure had been achieved. There had also been an investigation of escapes from the custody of the SAPS holding facilities for the period 2008/2009 as had been requested by the Minister. There had also been skills development and the ICD had benefited from the Skills Levy Fund. 55 employees had completed a certificate programme in crime resolving and a further 26 analysts and monitors had attended the basic crime investigation programme that had been offered by the SAPS decentralised training in Gauteng and Mpumalanga. Performance information on the work load per province during 2009/2010 together with the workload by classification for 2009/2010 was given.

Performance information on the service delivery achievements was given. For complaints registered and allocated within 48 hours the target had not been attained. Performance was at 98%. Of the 6377 complaints received, 6244 were registered and allocated within 48 hours. In relation to the completion of deaths in police custody and as a result of police action, the target had been set at 60% and the target had been attained and exceeded. In relation to the completion of criminal cases, the target had been set at 50% and the target had been attained and exceeded which resulted in a 78% completion rate. The target for the completion of investigations into misconduct had also been attained and exceeded. The performance information was given on the overall completion of cases per province, completion of deaths, completion of criminal cases, recommendations to the director of public prosecutions, recommendations to SAPS management, departmental convictions, criminal convictions and closed cases for 2009/2010.

An action plan to address challenges of huge workload by some provinces was given. The establishment of project teams to address the huge workload was the responsibility of the Provincial head and Programme Head. It was said that projects had been established in the Western Cape and KwaZulu-Natal to address the huge workload carried over in the 2010/2011 financial year. Progress was reported on a monthly basis to the monitoring and evaluation committee. The Directorate would ensure stability in the Western Cape and KwaZulu Natal offices and monitor performance in Mpumalanga. The Directorate would also monitor the performance by all provincial offices by having monthly reports and they would also establish performance accountability mechanisms to report the progress on the attainment of target by having monthly teleconferences held by senior management committee to review the progress made on performance and to recommend appropriate steps to address offices which would fail to meet their targets. The Directorate would also conduct performance audits through the monitoring and evaluation committee. An action plan to address concerns which had been raised by the AG was given. The concern of non-compliance with regulatory framework such as the use of percentage to report actual performance which contravened the frameworks that had been set by the National Treasury had been addressed. The failure to provide reasons for non-attainment of targets and the failure to develop an annual business plan among other concerns that had been raised by the AG were in the process of being addressed or had already been addressed.

Ms Noluthando Mbuli, Programme Manager: Information Management and Research, ICD, presented on Programme 3: Information Management, Research and Statistics. The strategic objectives were to provide for receipt registration and processing of complaints and managing all information and knowledge needs, auditing at least 198 police stations per annum, conducting 3 research reports and conducting at least 240 community awareness programmes. Performance information for 2009/2010 in relation to the programme was given. With regards to information and communication technology, the output being internal client satisfaction in terms of number of responses and response time, the indicator had been set at 95% and the target had been met. In relation to the time taken to respond to media enquiries and the production of a report which reflected on community outreach activities, the targets had been met. The targets for conducting and producing research reports and conducting station audits had also been met.

Statistics for the year 2009/2010 were presented to the Committee. A yearly change of the total case type for 2009/2010 was given. The cases for death and domestic violence had decreased year on year and cases that related to misconduct and criminal cases had increased by 6% and 8% respectively.  The total number of cases per province was also given. In the Eastern Cape there were 384 and in the Free State there were 849 cases. In Gauteng and the Western Cape there were 1094 and 1081 cases respectively. In the Northern Cape there were 566 cases. The number of deaths in police custody and deaths as a result of police action had decreased by 2% and 8% respectively.  A breakdown of deaths in police custody and as a result of police action per province was given. In KwaZulu-Natal there were 270 deaths and in the Free State there were 47. In the Eastern Cape there were 85 deaths. In the Northern Cape and the Western Cape there were 16 and 79 deaths respectively. The number of deaths from injuries sustained in custody was 97 which comprised of 33%. Deaths as a result of injuries sustained prior to custody and as a result of natural causes were 104 and 93 respectively which amounted to 35% and 32% respectively.

Mr Valoyi presented the Financial Management aspects of the Directorate. Under Programme 1: Administration, the budget that had been allocated was R44 373 000 and there had been an expenditure of R39 528 000 with a variance of R4 845 000. R56 171 000 had been allocated for Programme 2: Investigation of Complaints and all the money that had been allocated had been spent. Programme 3: Information Management and Research was allocated R15 923 000 and R10 547 000 had been spent and thus R5 376 000 was the amount of the variance. All in all a total of R 116 467 000 had been allocated and R106 246 000 had been spent which left the Directorate with a variance of R10 221 000.

The budget and expenditure per office was presented. It was reported that the Eastern Cape together with its satellite office had been allocated R7 428 000 and they had spent R7 041 000 which left them with a variance of R387 000. Gauteng province and KwaZulu Natal had been allocated R7 506 000 and R8 289 000 respectively and they had a variance of R451 000 and R236 000 respectively. The Western Cape Province had been allocated R6 446 000 and they had been left with a variance of R131 000. The total amount that had been allocated to provinces was R116 467 000 and there had been a total variance of R10 221 000 from all the provinces.

The ICD gave detail of the improvements that had been made in terms of the findings of the AG for the 2009/2010 financial year. In terms of basic accounting, the Directorate had prepared financial statements on modified cash basis of accounting as determined by the National Treasury. With regards to irregular expenditure the R14 000 that had been incurred had been fully recovered. Furthermore the R145 810 that had been incurred as a result of improper human resource procedures had been dealt with through the submission of a draft to report particulars to the National Treasury.

A comparison was given for the budget allocation per programme for 2009/2010 and 2010/2011. Under Programme 1: Administration the budget had been increased from R44 373 000 to R50 837 000. For Programme 2, the budget had been increased by R8 430 000 to R64 601 000 from R56 171 000. Under Programme 3, the budget had been increased by R74 000.

Discussion
The Chairperson asked what was meant by deaths per days of the week and whether the deaths were only deaths related to SAPS members.

Ms D Kohler-Barnard (DA) asked what had been done in relation to the vetting of staff. She asked what problems were being faced in the Western Cape and Mpumalanga in relation to Programme 2 and whether outsourcing was the way address the problems. She also asked for the number of people who had actually died from illness while they were in custody.

Ms M Molebatsi (ANC) asked Mr Valoyi whether the Directorate had a plan to retain staff. She asked how many of the 55 people who had completed a certificate programme in crime resolving had been retained by the Directorate. She further asked what lead to withdrawals. She asked Ms Mbuli what was meant by injury due to withdrawal.

Ms M Dube (ANC) asked what was it that the SAPS neglected to do or what did it do that eventually led to the death of people. The ICD was asked how it gathered information from the Presidential hotline and what the column on page 35 and what unsubstantiated withdrawals meant.

Mr G Lekgetho (ANC) noted that visiting the families of the deceased was very important. He asked why targets had not been met and how did the Directorate plan to achieve the target of having 50% women in senior management by 31 March 2011.

Mr G Schneemann (ANC) asked for the reasons why cases were carried over especially in KwaZulu Natal and what plans had been put in place to ensure faster turnover. He asked whether the ICD had a plan on how it did station audits and how long it would take for the report of the station to be produced. Lastly he asked what impact had the Executive Director and his team made on improving the efficiency and the effectiveness of ICD since their appointment.

Mr M Swathe (DA) asked when a permanent CFO was going to be appointed. He also asked if disciplinary steps had been taken against people who had committed misconduct.

Ms A van Wyk (ANC) asked what the term “including policy-formulation responsibilities of the Executive Director” meant because the Minister was responsible for policy formulation under measurable objective on page 15 of the ICD report. It was noted that pages 16 to 20 of the ICD annual report the actual achievements against the standards were reflecting in terms of measurable objectives adding that the actual achievements did not speak to standards of service. She pointed out that the objectives were not measurable. She further asked why there was a high overtime cost for administration under Programme 1.

Ms P Mocumi (ANC) asked what the term other criminal offences meant. In relation to deaths that had been caused as a result of poisoning she asked whether the SAPS members poisoned the prisoners or whether the prisoners had poisoned themselves and if they poisoned themselves how did it happen? She further asked how people died as a result of fire arm negligence. The ICD was asked whether it faced any challenges. She asked why it was difficult for the ICD people to employ disabled people. It was noted that the term ongoing process in relation to targets could mean that the targets would be achieved after a very long time. She asked whether there was a due date for achieving the targets. Ms Mocumi also raised her concern over the employment of females in the ICD.

Rev K Meshoe (ACDP) asked why Gauteng province had the lowest cases that had been completed. He also asked why a substantial number of criminal cases had been withdrawn and who had the mandate to withdraw the cases. He asked what happened to outstanding complaints that had not been dealt with.

The Chairperson asked what role was being played by Mr Valoyi, Mr Tshabalala and Ms Mbuli in the compilation of the annual report. She asked how measurable were the ICD objectives, why did the ICD need skilled agriculture and fishery workers, why the ICD was reporting on 2008/2009 number of escapes from the custody of SAPS and why were prisoners not properly searched and why were injured suspects fingerprints not taken for profiling in the event that the suspects ran away.

Mr Valoyi responded that his role was to collect information from the different units and then verify the information with other heads of departments before the information went to the executive Director. He said that he also did quality control of the information and consolidation.

The Chairperson asked how had the ICD come up with the figure of 6.9% on page 23 of the annual report.

Mr Valoyi responded that out of 287 posts only 267 posts had been filled, so it was the difference of 20 posts that had not been filled that amounted to 6.9%.

The Chairperson said that there was nothing in the SAPS report that talked about fisheries and machine assemblers because these were not relevant for SAPS. It was said that the ICD annual report had more tables than that of the SAPS adding that the Directorate was supposed to compare its report with the reports from other departments because the ICD report was poor.

Mr Tshabalala responded that his role was to receive information for the heads of provinces and then consolidate the information. He added that he would also verify the information and do quality control.

Ms Mbuli said that she was in charge of collecting information from provinces and verifying statistics and at the same time liaising with members of the SAPS in relation to class1 cases. Quality control was also done.

The Chairperson said that if she was in charge of hiring ICD programme managers she would have fired all the programme managers because the annual report went through three stages but the report was still poor. She asked why the reports that were written by the programme managers were considered as research. She questioned whether the ICD had reviewed its report as had been suggested by the Committee in one of the previous meetings.

Ms Van Wyk noted the problems that caused the problems in the report. She stressed that there was hardly any narrative in the ICD annual report. She added that the problem with ICD was that the Directorate had waited until the end of the year to write the report.

Mr Beukman acknowledged that there was a problem with the current system, thus in order to address the problem the ICD had appointed someone from outside to look at time lines and the quality of the information.

Mr V Ndlovu (IFP) asked whether the plan would be reflected in the next ICD report.

Ms Van Wyk asked who the members of the editorial committee were. She added that appointing someone from outside to deal with the Directorate’s most important document was not the correct solution.

Mr Beukman said that there would be no excuses for mistakes in the next report. He added that as the accounting officer he was given the wrong information and thus there was need for someone to be appointed to deal with verification of the information.

Mr Ndlovu suggested that the subject matter be closed because it was getting much more complicated.

The Chairperson asked who the editorial team was.

Ms Mocumi clarified the question that she had raised earlier on.

Mr Moses Dlamini, Senior Manager: Information Management System, ICD, responded that the editorial committee consisted of representatives from different programmes.

The Chairperson expressed her surprise that heads of programme were not part of the editorial team. She asked why they were not part of the team. The Chairperson said that the report did not make any sense except for the many empty tables. She further added that the issue of HIV/AIDS in the report had been addressed very poorly. She asked what the ICD was doing to address the problems that had been noted by the Committee.

Mr Beukman responded to some of the questions that had been raised by Committee Members. He said that the issue of vetting was still a problem but the Directorate was still busy with a memorandum of understanding. He further stated that there was need for a stable ICD leadership in KwaZulu Natal in relation to staffing. In response to the question of the delay of cases he said that a lot of cases were class1 cases which were essentially court cases so ICD members were involved in investigations. He stressed that there was need for family liaison officers especially in relation to class 1 case and high profile cases. It was said that in order to address the issue of female leadership the Directorate was going to appoint more women. In addition he said that the senior manager and the head of security were women and the head of Parliamentary Liaison who would soon be appointed was going to be a woman. In response to the question of the appointment of the CFO, Mr Beukman said that a new CFO was going to start on the 22 of November after their first applicant had turned down the job because of a low salary. He responded to the question of policy formulation that it was not Policy with a capital letter P but policy with a small letter p, a reflection of internal policies. He pointed out that the challenges that had been faced by the ICD had been highlighted in the presentation he had made earlier on.

Mr Valoyi responded to the question about employees moving to other government departments by saying ICD had its internal policies but the Directorate could only promote staff if there was a vacancy available. In relation to the question of high overtime he stated that the question was still an ongoing question. It was added that in the finance department out of 11 staff who used to work in there only 4 people remained and thus the staff found it difficult to cope. He responded to the question of disabled applicants by stating that at times the Directorate failed to attract people with disabilities. He added that the Directorate had linked itself with the Department of Labour in order to access its database. In response to the question that had been raised by a Member on how measurable were the objectives, Mr Valoyi said that the programme was to ensure that the Directorate complied with its targets.

The Chairperson asked whether the numbers below on page 23 were related to the numbers above.

Mr Valoyi responded that the numbers were not related.

Mr Dlamini responded to the question of deaths per days of the week by saying that it was a statistical indication of when deaths as a result of police action happened. Death during arrest meant that the death happened during on the scene of arrest. He referred the Committee to pages 76 and 77 of the annual report for further explanation.

The Chairperson asked whether death as a result of natural causes was because of a delay in the prisoner receiving medical treatment. She added that the graphs did not give a full explanation of the death of prisoners.

Mr Dlamini stated that cases were carried over especially in KwaZulu-Natal because suspects were usually armed which resulted in the suspects shooting back at the police. As a result the ICD would then investigate the cases and this would take a while. The number of cases that had been carried over was less than the cases from the previous financial year.

Mr M George (COPE) asked whether the ICD investigated shoot outs between the police and the criminals.

Mr Tshabalala responded to Mr George’s question by saying that the ICD would only investigate a shootout between the SAPS and the suspect only if the suspect died in the shoot out. In relation to the suicide of prisoners it was said that the ICD would only investigate the death if the item that was used to committee the suicide was an item that the SAPS was supposed to have confiscated and only then would the ICD make recommendations. It was said that the ICD would determine whether the police were to blame or not if an individual died of natural causes by assessing how soon the police had attended to the person who had died after the person had complained of any illness. 

Mr Tshabalala responded to the question of the workload by saying that in Mpumalanga one staff member was sick for six months and another staff member had been charged with poor work performance. Officials from the anti-corruption command were asked to help. The ICD stated that the issue of 2008/2009 number of escapees had been conducted as a result of a request from the Minister.

Ms Mocumi rephrased the question that she had asked earlier on in relation to how inmates were poisoned and if the police poisoned the inmates themselves. She asked why the number of deaths that had occurred as a result of suicide was very high.

The Chairperson noted that the issue at hand was the annual report and not a Minister request.

Mr Tshabalala stated that the work had been undertaken in the year 2010 but the Directorate was reporting on 2008/09 figures.

The Chairperson asked whether the ICD normally reported on escapees from SAPS custody.

Mr Tshabalala said that the Directorate did not normally report on prisoners who had escaped from SAPS custody.

Ms Van Wyk said that some of the questions that she had raised with regards to measurable objectives had not been answers. She stressed her worries with the amount of overtime adding that the amount that had been claimed for overtime could have been used to appoint a number of other additional staff members to do the actual work. She asked how long posts had been vacant for and how long would it take to fill in a post.

Advocate Siphokazi Moleshe, Provincial Head: Gauteng, ICD, said that the two cases of poisoning that had happened had occurred before the deceased were taken into custody.

The Chairperson asked whether it was possible that prisoners’ deaths could be as a result of the fact that some of the prisoners were not searched.

Mr Tshabalala said that all the people who had been trained had been retained in the Directorate.

Ms Dube asked whether the police took a person who had been gasping for air into custody.

Adv Moleshe responded that the person took poison before he was arrested and when he was arrested it was not clear whether or not he had taken any poison.

Ms Mocumi asked whether the ICD had evidence that the poison had been taken before the person went into custody.

Adv Moleshe responded that when the ICD conducted an investigation it would do so holistically.

Mr Swathe asked about the irregular expenditure of funds.

Mr Valoyi responded that an investigation was supposed to be conducted but the investigation had been cancelled and the ICD staff failed to communicate this to the hotel management were they were supposed to stay in. He added that the money had been recovered.

Mr Beukman said that a disciplinary process had been undertaken.

Ms Mbuli said that the ICD received the information from the Presidential hotline electronically when people lodged their complaints. She also responded to the question of station audit that the Directorate would set targets but however it could not cover all the provinces. It was noted that research reports were available but they had not been included in the annual report.

Ms Van Wyk said that her questions on measurable objectives were still outstanding.

Mr Valoyi responded that the targets were not a reflection of measurable objectives but of service delivery standards within the Directorate.

Ms Van Wyk requested that the ICD submit answers in writing because the response that the Committee had received was not satisfactory since the report did not reflect actual achievements.

The Chairperson agreed with Ms Van Wyk that a response in writing was important.

Mr Valoyi said that the standard of achievement that the Directorate expected was that there should be family liaison with the victims’ families

Ms Van Wyk stated that Mr Valoyi was only addressing one issue and leaving out numerous other issues.

Mr Ndlovu asked whether the figures in slide 26 0f the presentation were supposed to tally with the figures in slide 47.

Mr Swathe asked why some of the funds escalated and what measures had been put in place to address the issue. He also asked why many people had resigned.

Ms Van Wyk asked what progress had been made in relation to disciplinary hearings. Furthermore she asked why the appointment of the Executive Director had not been reflected on page 31 of the annual report. It was further stressed that the amount for performance rewards could not be justified especially in light of the fact that the ICD had about 274 staff.

Mr Lekgetho asked what happened to the people who had been accused after cases against then had been withdrawn.

Mr Schneemann pointed out it seemed as if the ICD did not have a plan for station audits. He asked how many police stations had the ICD never visited. He also asked why there was a difference in the amount of money that had been given to staff for performance rewards.

The Chairperson asked what the ICD had done to correct the concerns that had been raised by the AG.

Mr Dlamini responded that withdrawal of a case meant that investigations had been conducted and before the matter had been disposed of findings were supposed to be made whether there was a case against the police. He said that victims sometimes withdrew cases they had laid against the police and the Director of Public Prosecution had to accept the withdrawal statement. In response to the question of slide 26 and 47 he said that one slide referred to the workload and the other slide referred only to the cases that had been received during the financial year.

Mr Tshabalala said that a new system had been placed to verify information in order to address the concerns that had been raised by the AG.

Ms Mbuli said that quarterly targets were set for station audits but the number would soon be increased for the next financial year.

Mr Schneemann asked whether it was possible that the Committee receive a report in writing which addressed the issue of police station audits because the SAPS had a lot of police stations that needed to be audited. He asked whether the ICD had a plan to visit all police stations and also how many police stations had the ICD not visited.

The Chairperson agreed that it was important to receive the information in writing.

Mr Beukman said that the major reason for the escalation for funds was the use of consultancy especially in terms of the monthly templates and the performance agreements.

Ms Van Wyk asked why the Executive Director’s performance agreement had not been included in the report.

Mr Valoyi pointed out that the Executive Director’s performance agreement had not been included because he had not been appointed.

The Chairperson corrected Mr Valoyi that the Executive Director had been appointed in the 2009 financial year which was the year that was in question.

Mr Beukman said to the Committee that the table reflected performance agreements of staff members as of 30 June 2009 and he had been appointed two months after the date.

Ms Van Wyk asked why the whole financial year had not been reflected.

Mr Valoyi said that it was a requirement that the Directorate was supposed to follow.

The Chairperson suggested that the question not be addressed by the ICD. She added that the ICD was following instructions on a particular template. She said that Mr Valoyi was running the Directorate and it was his duty to report on what was happening within the ICD. She expressed her frustration with the management. She said that the way Mr Valoyi was responding to the questions that had been raised by the Committee Members made her very emotional.

Mr Valoyi responded to the question of people resigning by saying that people would get promotions elsewhere. He added that the ICD could not counter offer some of the salaries that staff would have been offered. He added that most of the people who resigned were people at lower levels. 58 people who received performance rewards at lower levels and at the Management level only nine had received performance rewards.

Ms E Engelbrecht, Finance Manager, ICD, responded by saying that the increase in consultancy was as a result of business and advisory services, legal advice and contracts with cleaning services and security. R3 million was spent on printing and Departmental reports. Leasing and property expenditure also added to the cost. Some of the vehicles had been disposed of. The Directorate would not be buying many cars but they would be leasing the cars.

The Chairperson requested that the ICD submit the written report before 25 November. She was keen on receiving information on station commanders who failed to institute disciplinary action in all escapes. The public service guidelines were said to have been part of the reason why the ICD report was of low quality. The Chairperson said that the Committee would accept the report but with serious reservations and concerns because of the quality of the report. She urged the Directorate to compare its annual report with the reports from other departments. It was stressed that the Committee would not accept such a report in the future despite the consequences that the Committee could face.

The meeting was adjourned.




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