Independent Police Investigative Directorate & Civilian Secretariat for Police on 2015/16 3rd Quarter performance

Meeting report

Committee Business and Introductory Remarks

The Chairperson indicated that the Committee’s meeting tomorrow had been cancelled due to unforeseen reasons – this might mean a Friday sitting in the coming weeks but Members would be kept up to date regarding the programme.

Remarking on the role and independence of the Independent Police Investigative Directorate (IPID), the Chairperson said the institution was very important to ensuring constitutionality and proper conduct by members of the SA Police Service (SAPS). It was essential that all role players and agencies cooperate with the Directorate so as to avoid unfounded criticism levelled at the core business of IPID. The Committee believed the Directorate should be able to do its job effectively and efficiently and the space would continue to be monitored.

In the President’s State of the Nation Address (SONA), three issues were brought to the fore in terms of SAPS relating to the Back to Basics campaign, killing of police officers and the introduction of specialised units. The Committee engaged comprehensively on the first two issues since last year but they would continue to be monitored going forward including in the budget process. On the two specialised units, the introduction was welcomed in terms of Chapter 12 of the National Development Plan (NDP) where it was indicated that the re-introduction of specialised units should be the focus of the SAPS. The Committee also believed these units could contribute to more effective crime curbing especially in terms of cross-border activities by criminal syndicates. It would be essential for the Committee to interact with the Directorate of Priority Crime Investigation (DPCI) and the Minister on this proposal and its plan. Tomorrow during the tabling of the 2016/17 budget, Members would hear more about the envisaged budget of the Department over the coming years. It was crucial that the units were capacitated with experienced and expert staff and leaders. The Committee often raised the issue of vetting and constant screening to the success of units. Budget issues in terms of technology and IT with regard to the units would also need to be discussed thoroughly during the budget process.       

Independent Police Investigative Directorate Consolidated Performance Report as at 31 December 2015

Mr Israel Kgamanyane, IPID Acting Director, began the presentation by noting that IPID managed to secure 34 convictions in relation to:

• contravention of section 28 (c), (d), (f) and subsection (6)
• murder: 8
• rape: 3
• culpable homicide: 4
• assault: 10
• discharge of firearm: 3

IPID also secured a total of 22 departmental convictions in the areas of:

• common assault and Grievous Bodily Harm (GBH): 14
• murder: 3
• discharge of official firearm: 3
• non-compliance with the IPID Act: 2

Turning to the individual programmes he outlined the quarterly targets as per the 2015/16 Annual Performance Plan (APP):

• Programme 1: Administration: 3
• Programme 2: Investigations and Information Management: 13
• Programme 3: Legal Services: 11
• Programme 4: Compliance Monitoring and Stakeholder Management: 8

In terms of a consolidated performance summary as of 1 April – 31 December 2015, the performance towards attainment for all programme performance indicators were as follows along with consolidated performance for the same period in the previous financial year for comparative purposes:

• Programme 1: 55% (2014/15: 75%)
• Programme 2: 79% (2014/15: 13%)
• Programme 3: 27% (2014/15: 30%)
• Programme 4: 88% (2014/15: 71%)
• Total: 63% (2014/15: 42%)

Ms L Nonjanduka, IPID Director: Strategy, then took the Committee through programme 1: administration outlining the targets not met but which the Directorate was on track to meet the annual target included:

• number of financial expenditure reports submitted
• number of asset verifications conducted

Areas of the programme where performance was not doing well included:

• percentage vacancy rate per year (recruitment and selection plan was in place to fast track advertised posts for filling by the end of the financial year)
• percentage of females employed by the Directorate at senior management level
• percentage of staff complement consisting of people with disabilities

Mr T Kgomu, IPID Acting Chief Director, Programme Two, then went through the performance of the investigations and information management programme noting that targets exceeded included:

• percentage of cases registered and allocated within 72 hours of receipt of written notification
• percentage of all decision ready investigations finalised
• percentage of investigations of deaths as a result of police action cases that were decision ready (finalised)
• percentage of investigations of discharge of an official firearm cases by a police officer that were decision ready (finalised)
• percentage of investigations of rape cases by a police officer that were decision ready (finalised)
• percentage of investigations of rape cases while in police custody that were decision ready (finalised)
• percentage of investigations of assault cases that were decision ready (finalised)
• percentage of investigations of corruption cases that were decision ready (finalised)
• percentage of investigations of other criminal and misconduct matters referred to in section 28 (1) (h) and 35 (1) (b) of the IPID Act that were decision ready (finalised)
• percentage of approved systemic investigations that were decision ready (finalised)
• percentage of disciplinary recommendation reports referred to the SA Police Service (SAPS) and/or Municipal Police Services within 30 days of recommendation report being signed off

Success factors attributed to achievements in programme two included implementation of the turnaround strategy and directive on completion of cases.

Mr Kgamanyane added the summary of criminal convictions per province:

• Eastern Cape: four criminal convictions including 15 years imprisonment for murder and five years imprisonment for attempted murder, three years correctional supervision and life imprisonment
• Free State: 10 criminal convictions including 15 years imprisonment for murder and two sentences of life imprisonment for rape
• KZN: four criminal convictions
• Western Cape: six criminal convictions
• Mpumalanga, Limpopo and Northern Cape: one criminal conviction for each province

Mr T Thokolo, IPID Provincial Head: Western Cape, then took the Committee through this legal services programme noting the targets were work was still in progress included:

• percentage of contracts and service level agreements finalised within 30 working days of request
• percentage of written legal opinions provided to the directorate within 21 days of request
• number of practice notes and directives (bulletins) issued
• number of interventions conducted on backlog cases
• number of legal workshops conducted

Indicators in the programme for which the Directorate was on track to meet its annual target included:

• percentage of arbitration, civil and labour litigation matters attended
• percentage of oral legal advice provided to investigators within 24 hours of request

While it was unlikely the following targets would be met in the legal services programme:

• percentage of written legal advice provided to investigators within 48 hours of request
• percentage of applications for policing powers processed within five days of request
• percentage of Promotion of Access to Information Act (PAIA) requests processed and finalised within 30 days

Ms M Molope, IPID Chief Director: Programme Four, noted that the one target in the compliance monitoring and stakeholder management programme where it was unlikely that the annual target would be met was the number of local Community Policing Forum (CPF) meetings attended per year

Mr P Setshedi, IPID Acting CFO, then took the Committee through the third quarter financial performance of IPID noting first the percentage of actual expenditure per programme:

• programme 1: 72%
• programme 2: 71%
• programme 3: 80%
• programme 4: 71%
• total: 71% which was 4% less than the target of 75% for this particular quarter

Expenditure per economic classification stood at:

• compensation of employees: 69%
• goods and services: 75%
• transfers and subsidies: 100%
• payment of capital assets: 95%

In terms of the reasons for spending trends, the overall spending in compensation of employees had been lower than the projected target with a slight improvement on monthly basis since the beginning of the financial year under review. The main contributing factor in this regard was the delays in filling some of the funded vacancies in Administration and Investigation and Information Management programmes mainly due to the vetting process that was done by State Security Agency (SSA).

Mr Setshedi then looked at expenditure in the individual programmes beginning with Administration:

• compensation of employees: 70% (delays in vetting)
• goods and services: 74%
• transfers and subsidies: 98%
• payment of capital assets: 98%
• total: 72%

Programme two: Investigation and Information Management:

• compensation of employees: 69%
• goods and services: 76%
• transfers and subsidies: 90%
• payment of capital assets: 95%
• total: 71%

Programme three: Legal Services:

• compensation of employees: 81%
• goods and services: 77%
• transfers and subsidies: 0%
• payment of capital assets: 50%
• total: 80%

Programme four: Compliance Monitoring and Stakeholder Management:

• compensation of employees: 74%
• goods and services: 56%
• transfers and subsidies: 0%
• payment of capital assets: 100%
• total: 71%

Mr Seshedi concluded budget and expenditure by noting overall, the expenditure was within the allocated budget however the spending trends in compensation of employees was a call for concern hence the Department had started capacitating the internal Vetting Unit to address the delays experienced in filling of funded vacant positions. The Department will also continue with a regular monitoring of expenditure to avoid a March spike and also to ensure that the limited budget was prioritised to the core activities of the organisation.

Mr Kgamanyane remarked that with regard to the achievement strategic objectives and targets, there were huge improvements overall, particularly with regard to the Directorate’s core business. Departmental expenditure will be monitored continuously to maintain financial prudence. Where targets had not been met, intervention mechanisms were in place to catch up on implementation or achievement of those targets. Implementation of the Turnaround Strategy was still in progress which may enhance performance. 

Discussion

The Chairperson remarked that there was a big improvement since last year in the spending patterns but there were issues of concern. 80% of budget was spent on legal services but the targets were not good enough – what was the problem in relation to legal staff and the fact that only three out of 11 targets were met. The Committee needed the assurance that the right staff were in place because drastic improvement was needed. On the issue of vacancies, many of them were in the core programmes. If, for instance, the Minister of Finance said in his budget speech that all vacancies would be unfunded, there would be serious consequences for the Directorate in terms of the core programmes. What was the current status of filling these vacancies?

Mr Kgamanyane replied that management was aware of the programme of legal services and the budget spent – the particular programme experienced leadership vacuum challenges but there interventions to assist the performance of the particular programme. A few weeks ago he spent a week in Cape Town and looked for legal services in the province but he was informed that, on this particular Wednesday, there were no staff in the programme because everyone was on sick leave. These were some of the challenges experienced but the situation was being dealt with. It should also be accepted that some challenges would remain until there was stability within the Directorate. There was a process underway to ensure almost all vacancies were advertised and there was a recruitment plan in place which was continuously updated. The vacancy status report was also being monitored. Interviews were done but the challenge was with delays in pre-screening by SSA as the IPID Act prescribed. During 2015/16, IPID was busy setting up the processes and SSA training as far as the vetting unit was concerned – come 1 April, these functions, including verification of qualifications, would be done in-house. This would eliminate challenges caused by delays.   

Mr P Groenewald (FF+) felt it was important that the information on finances clearly marked in terms of whether thousands or millions were being discussed. He did not understand how the quarterly targets could exceed the annual targets within the programmes – he sought an explanation for this. 

Mr Kgomu would ensure that in future, the full figures were reflected in the presentation.

Ms A Molebatsi (ANC) wanted to know the status of the vetting process – was everyone vetted? She also wanted to hear about the challenges IPID incurred with the clearing of its debt.

Mr Kgamanyane replied that everyone within the IPID establishment (permanent employees) had been pre-screened after which would come the filling in of the Z204 form for detailed vetting. The pre-screening verified qualifications, finances and criminal records – if these issues were not in order, the individual would not be employed in IPID.

Mr J Maake (ANC) asked how the criminal charges and disciplinary processes worked together. 

Mr Z Mbhele (DA) inquired about why the CFO present was in an acting position. He sought an explanation of the reason was for the discrepancy between some of the convictions obtained for rape – in the Free State, the conviction was of two life imprisonment sentences for rape while the next was only eight years imprisonment which seemed a bit odd in his opinion and thought the conviction would have been at least ten years. More surprisingly was the two year imprisonment, also in the Free State, for rape – was IPID aware of the mitigation circumstances were in these cases because it did not look or sound good on the face of it. He was also alarmed at a couple of the departmental convictions which looked very light for serious offences like murder where there were mostly dismissals and suspensions without pay. Was he correct in thinking a criminal process would work parallel to the department processes? The last thing IPID wanted was a headline which said the Directorate only managed to secure dismissal for murder.

Mr Kgamanyane said the CFO was on maternity leave and would be returning after May – this explained why the deputy CFO was now in the Acting CFO position to ensure continuity in the particular programme. With the convictions, each case was dealt with the by the courts on its merits and sentences would depend on the severity of the case itself. Discipline was a function of management – IPID conducted the investigation and submitted recommendations to SAPS management to take departmental steps against their own. The SAPS regulations were clear that immediately after the commander became aware of the conduct, he/she must take departmental steps against the particular person. Departmental recommendations contained in the IPID report would go to SAPS while the criminal recommendations went to the Deputy Director of Public Prosecutions (DDPP) for decision. Minds would be applied to what IPID recommended but there was nothing stopping IPID requesting reasons why its recommendations were not taken up, if that was the case. CSP was busy with a paper which dealt with the standardisation of sanctions as far as SAPS departmental matters were concerned.

Ms M Mmola (ANC) wanted to know why the achievement of the target for the training of investigators was so low when it was so important. 

Mr Kgamanyane noted some of the shortcomings were outlined in a presentation on training delivered to the Committee two weeks ago. IPID was developing a training plan for tailor-made training for IPID investigators to stop the reliance on SAPS training.

Mr P Mhlongo (EFF) wanted to know what the constraints were in making the achievement of targets relating to attendance of CPF meetings unlikely – was there resistance from the side of sector policing? He raised the question because it was very important to ensure that communities played its role in ensuring oversight over effective policing. This would, at the end of the day, ensure IPID worked with well informed communities.  

Ms Molepe replied that the challenge with the target was that it was more of a dependency because there were not dedicated officials to carry out the target while people in the provinces were more focused on investigations. Programme four had come up with its own intervention strategy pertaining to this very target. There were a series of CPF meetings lined up and she was positive the target would be attained.

Mr Mhlongo was concerned about disempowered components of the community – disempowered civil society would defeat many other roles that like of Parliament which was oversight. Something would have to be done to ensure IPID carried out its service in line with the laws of the country. He was also concerned about senior commanders in police stations colluding with junior members in serious wrongdoings and this could not be cracked by ensuring SAPS were not the final arbiters.  

The Chairperson raised the issue of the R5 million for Marikana – was this spread over more than one financial year? There was a considerable hike in the cost of advertisements and he presumed this had to do with the number of vacancies. Treasury was quite strict on the matter and he sought a response to that. 

Mr Kgamanyae explained that the Marikana project was costed during the budget adjustment last year although Cabinet disapproved the particular request for funding. IPID had to use its own baseline in respect of savings from the various programmes to implement the findings of the Farlam Commission.

Mr Setshedi added that with the advertisement costs, due to the recruitment drive, there were a number of advertisements also with double advertising with posts advertised internally as well as externally. 

Mr Groenewald was a bit worried about IPID – IPID was there for the public to lay complaints for proper investigation and for this the public needed the trust to approach the Directorate and to be ensured there would be proper investigation. What happened that all the staff in the legal services programme in the Western Cape were on leave? Were corrective steps taken in this regard? Programme two was the most important for the entity but looking at the target, most were at 50% including the percentage of reduction of backlog cases. Additionally there was underperformance and looking at it, of the cases taken to IPID, only 50%, as far as programme two was concerned, was done. This created a backlog on which a target of only 50% was set. Last year he also complained of the low standard of the targets which had not improved. This was a serious problem and perhaps the Committee needed a breakdown of the personnel numbers in each province to know what was going on. According to what was presented, he was of the opinion that there was total underperformance and it could not be expected that the public have trust in IPID at this moment.

The Chairperson agreed that the Committee would have to look at the issue of targets and that they needed to be increased.

Mr Kgamanyane said IPID had a budget allocated by Parliament after which IPID had to plan how the budget would be spent in the form of the strategic plan. Targets were informed by historical information/baselines i.e. to take cue from previous performance. Resources available also dictated the setting of targets. He was of the opinion that targets should not be decreased but maintained. There were interventions to assist in the attainment of targets where one of the biggest issues to rectify was the redistribution of resources in the form of personnel. 

Ms Molebatsi welcomed the reduction in expenditure on consultants. The President, in his SONA, called for cuts on expenditure yet she saw an increase in travel and subsistence – how did IPID hope to address this?  

Mr Kgamanyane noted the issue of travel and subsistence had been raised in many forums but it was the nature of the work of the Directorate that investigators be on the field 24/7 and not in the office except for administrative duties. Investigators travelled and required accommodation  

Mr Mbhele thought the turnaround strategy seemed to be yielding some good results on financial spending and financial management as he seemed to remember previously, the issue of under spending seemed to be the most glaring problem. There were still some problems around performance gaps whether with reference to quite low targets or real life experience. There were instances of fellow Members reporting complaints to Gauteng and Mpumalanga where there was not even acknowledgment of receipt from the provincial office in response to submission of the complaint. The fact that the administration programme had the second highest vacancy rate might speak to this problem. What was being done to really jack up the administration side of matters to ensure thousands of complaints were dealt with systematically to ensure the machine did not get clogged up? He asked for the reason for the under-achievement of the target on local CPF meetings attended.  

Ms Mmola requested that the Directorate implement a 50% representation of female employees.

Mr Kgamanyane indicated that IPID was moving toward this target.

Mr Maake asked why IPID increased targets when the resources to achieve it were not there. The Committee would assess the entity on the targets they presented themselves. How did non-compliance with the IPID Act work? Was it defiance on the side of a police officer? Was this non-compliance not a criminal offence? If so, it should appear in the criminal convictions.

Mr Kgamanyane explained section 33 of the IPID Act dealt with the issue of non-compliance with the Act itself in respect of reporting obligations as far as SAPS was concerned. Non-compliance was where SAPS failed to adhere to what the Act required when it became aware of cases and reporting thereof. IPID would then open a case of non-compliance in the form of a criminal case docket. Sanctions for non-compliance included sentences of up to two years. Such cases had been opened since 2012 since the Act came into effect. There were engagements with the National Prosecuting Authority where it was reluctant to prosecute implicated police officers, more especially management, as far as the particular section was concerned but IPID remained undeterred. Reluctance came from the question whether the police were aware of the particular section of the IPID Act and what was expected from them. However when a statute was signed and it was in the public, everyone was expected to know what was expected from there as far as the specific statutory law was concerned. Furthermore, IPID had run workshops in stations and cluster commander meetings in almost all the provinces to ensure members were aware of the provisions of the IPID Act and what was expected of them. IPID would not be deterred from opening cases of non-compliance as it was the right thing to do. 

Mr Mbhele felt that at some point the Committee could readdress the issue of the deputy station commanders. He had come across instances where local station management as if they had so many National Instructions and Standing Orders to address, they did not have a chance to integrate it into the daily running of the station. As he understood, deputy commanders were meant to be the more administrative point in the station to ensure issues such as compliance became more integrated while operations were in the domain of the station commander. It was clear that there was a gap in ensuring compliance.

The Chairperson sought an indication if there were any cases handled by IPID, including high profile cases, where it did not get the necessary support and cooperation from SAPS and if so, if this was from provinces or Head Office.

Mr Kgamanyane replied that the Directorate received the necessary cooperation from SAPS management including on high profile cases. If problems were experienced with junior staff, those issues would be escalated to senior management both at national level and in the provinces. The IPID Act made it clear that all entities were to cooperate with IPID and if this was not done, there were consequences as far as the Act was concerned. 

Mr Groenewald heard what was said about the standards but this was unacceptable. To hear that the Acting Executive Director found everyone on sick leave in the legal services programme in the Western Cape, this showed there was a core problem which was not acceptable.

The Chairperson thought the Committee needed to address the issue of targets further going forward because, at the end of the day, if a target was set too low, it meant there would be a reoccurring backlog. Additionally if the budget cuts were a reality in the 2016/17 budget as everyone anticipated, IPID would not have the luxury of establishing task teams to deal with backlogs which then would in fact increase budget. The emphasis was on having well- trained and well-resourced staff to deal with. More clarification on such issues would be required by the Committee during the budget votes to address the concerns of Members. On the other hand, excellent progress was made in Programme Two which showed that with good management and commitment, targets could be achieved. The vetting of personnel was critical and SSA needed to provide the necessary assistance. Lack of performance into policing powers was a problem and it was vital that it was dealt with. The Committee supported the efforts of the Directorate in dealing with the Marikana investigation and it was quite critical that the entity dealt with its baseline and did whatever possible in terms of reprioritisation to conclude the investigation professionally and successfully. The Committee would need a report regarding legal services within two weeks to take disciplinary steps from a management and accounting officer point of view to address issues of capacity as a serious concern of the Committee in this important programme. It was quite a comprehensive training programme was needed – the Committee appreciated the fact that IPID was engaging with institutions of higher learning but the lessons from the Paarl College was clear. He encouraged IPID to be transparent, follow correct procurement processes and invite more than one institution to yield results through a well thought out training plan. Providing the public who laid complaints with proper feedback was vital – this spoke to issues of system and addressing confidence in the criminal justice system. During the budget vote, IPID was to provide the Committee with a briefing on feedback processes when the public laid complaints and how complaints of service delivery were addressed. The concerns Members raised must be addressed.

Civilian Secretariat for Police: Third Quarter Performance Report

Mr Alvin Rapea, Acting Secretary of Police, began by noting that the delegation of the Secretariat was quite small to be in line with belt-tightening processes as the Secretariat anticipated over-expenditure which made it important to restrict spending.

The Chairperson indicated the Committee welcomed the fresh approach – in the past, departments were seen with big delegations when it was vital that just the core team be present to brief the Committee. Money should rather be spent on the core business than travel and accommodation.

Mr Rapea outlined purpose of the presentation was to apprise the Committee of the performance of the CSP for the period September 2015 to December 2015 against its 2015/16 APP and to present a report on expenditure for the three quarters of the 2015/16 financial year. Moving onto programme one: administration, the Secretariat met its target for one joint consultative IPID/CSP forum meeting per year along with the number (one) of quarterly reports submitted within the prescribed time frame per year, 100% compliance with the Public Finance Management Act (PFMA) system complied per year and 100% compliance with the Department of Public Service and Administration (DPSA) performance management system complied per year. Within the first programme, targets were exceeded such as the number of MINMEC meetings facilitated and the percentage of engagements with government departments through JCPS cluster processes. Targets not met were the number of registry policies for document management and the number of approved registry file plans for registration, filing and retrieval documents in line with MISS because these policies and plans were not approved. The target for the implementation of the persal system was met as was the number of functional occupational health and safety committees and the number on in year monitoring reports produced. Further targets not met were the number of workshops on change management conducted because the department financial situation did not allow for further expenditure but the indicator would be taken up in the next financial year. There were no targets for the number of workshops on approved and reviewed policies and the number of corporate identity workshops conducted.

Within the administration programme, the CSP exceeded the percentage of leave management audit reports with an unqualified audit opinion and the number of signed audited reports. Further targets met were:

• the number of in year monitoring reports produced
• the number of interim and annual financial reports produced
• the number of reports on demand management plans implemented and monitored 
• the number of strategic risk assessment reports produced per year
• the number of tracking reports of the Auditor-General of SA (AGSA) management report and internal audit recommendations produced

The following targets were not met for the administration programme:

• number of approved employment equity plans implemented (draft plans at consulting phase)
• number of reports on payments to creditors produced within 30 days (lack of capacity)
• number of reports on inventory value reconciled
• number of reports on asset value reconciled
• number of risk management policies reviewed (policies were received but approval was awaited)
• number of operational risk assessment reports (draft report awaiting approval)
• number of risk management terms of reference signed off (terms awaited approval)
• number of audit committee meetings (minutes were not adopted and one meeting postponed)

Overall in programme one: administration, 35% of targets was not met while 65% were achieved.

Mr Rapea then took the Committee through programme two: inter-sectoral coordination and strategic partnerships where targets met included the number of signed agreements with civil society organisations on crime prevention, the number of established Working Groups arising from agreements and the number of public participation programmes. Targets exceeded included the number of anti-crime campaigns conducted and the total number of provinces implementing Community Policing Forum (CPF) guidelines. Targets not achieved included the number of CPFs assessed (provinces were not forwarding their reports) and the number of police stations implementing school safety protocols while there was no target for the number of assessment partnerships strategies implemented through the SAPS National Rural Safety Strategy. Overall the programme achieved 36% of its targets and 64% of targets were not achieved.

Mr Rapea continued with the presentation turning to sub-programme: policy development and research. The sub-programme met its target for the number of policing policies produced and the number of research information centres maintained. The sub-programme however did not have targets for the number of reports on research projects conducted on the demilitarisation of SAPS and the Firearms Management in the Southern African Development Community (SADC) and the number of reports on special projects.

On the legislation sub-programme, the targets were not met, namely, the number of bills introduced to Parliament (drafting of bills were delayed pending the finalisation of the White Paper on Policing and related policies) and the number of bills regulations produced (drafting of regulations were dependent on the bill becoming an act).

Turning to the civilian oversight, monitoring and evaluation programme, targets were not met for:

• number of oversight visits to police stations conducted (oversight visit budget was reduced and therefore visits could not be conducted)
• number of oversight visit reports (HR and budget constraints – deferred to the fourth quarter)
• number of monitoring reports on implementation and compliance to policing policies (report not yet finalised but it would be in the fourth quarter)
• number of evaluation reports passed (no capacity: data analyst position vacant)
• number of information management systems developed and maintained
• number of assessment reports on critical areas affecting police conduct (delays in collecting data from SAPS)

There were no targets for the following indicators in the programme:

• number of police service delivery trends reports produced
• number of reports on SAPS implementation of IPID recommendations
• number of audit reports related to the Domestic Violence Act finalised per year
• number of provincial monitoring and evaluation capacity building sessions held
• number of reports produced on the status of compliance with legislation by SAPS
• number of assessment reports on complaints management produced

Overall for this programme, 21% of targets were achieved while 79% were not. In terms of overall performance of the CSP, 45% of targets were achieved and 55% were not i.e. 41 out of 92 targets were achieved. In terms of human resource management there were:

• 114 funded posts
• 107 posts filled
• 94% personnel in terms of the approved establishment
• 7 vacant posts
• 6% vacancy rate
• critical posts not filled included the Secretary of Police who was in an acting position for the fixed period of 12 months ending 31 August. The CFO was also in an acting position while the director: IT was completely vacant

Mr Rapea also noted that no audit committee was held in the third quarter while a risk management meeting was held on 3 November 2015. In terms of governance, three awareness sessions were held on conflict of interest, a gift register was developed, approved and awareness was conducted, ATM fraud awareness was developed and approved and a whistle blowing policy was implemented through awareness sessions. Priorities for the last quarter of 2016 including the finalisation of the White PAPER ON Policing and the Paper on the Demilitarisation of the SAPS both before the end of March 2016.

Mr Hendrick Robertse, Acting CFO, took the Committee through programme expenditure noting that the CSP was allocated a budget of R105 094 m for the 2015/16 financial year – 83% of the budget was spent as of end December 2015 compared to a straight line projection of 75%. In terms of expenditure per economic classification, the largest budget items were compensation of employees and goods and services. He noted that the Department found itself in a position where it will overspend its budget which could be regarded as unauthorised expenditure and an immediate qualification on its Annual Financial Statements. As compensation of employees were concerned, the department was at 78.2% i.e. 3.2% over the expected spending at 75% but notches and merits had not been paid which will put the Department into further overspending. On a straight line projection, the spending will be R2.9 million over the allocated budget. To curtail further overspending, all unfilled posts will be left vacant until the new 2016/17 financial year. Another contributing factor to this potential overspending was personnel who were appointed at the Firearms Appeal Board, the Office of the Directorate for Priority Crime Investigating (DPCI) Judge and the DNA Board for which limited funding was provided for the additional expenditure. The almost R3 million overspending projection was mainly due to the five members of the Firearms Appeal Board and the shortfall; on the higher than anticipated annual salary adjustment which was not approved by the Treasury Committee as unforeseen and unavoidable. With regard to goods and services, the Department ceased spending on non-essential items as the spending was already at 93% due to the expenditure on the “We Are One” anti-xenophobic campaign which was not approved as unforeseen and unavoidable expenditure by the Treasury Committee. In addition, the Department also had to provide for the Firearms Appeal Board and the DNA Board for whom no additional funding was received through the normal budget process.

Discussion

Ms Molebatsi was worried by many of the things said in the presentation such as the fact that the budget was almost finished – if the budget was finished, what would the CSP do? Close shop? She was also worried that the inter-sectoral strategy partnership did not reflect a good picture and that legislation was not forthcoming. Were the CSP offices still located within the offices of SAPS? When would there be a permanent CFO? 

Mr Rapea responded that the over-expenditure could have been much higher but interventions would showcase that a turnaround was in place. The CSP was also doing whatever it could to achieve the targets outlined. It was also hoped that should the Secretariat get called before SCOPA, that SCOPA condoned the over-expenditure it and then it did not get taken away in the new financial year. If the over-expenditure was not condoned, it would have to be paid in the new financial year. Lack of capacity meant there were not enough people but the people who were there knew what they were doing. This was also in the case of legislation whether the Secretariat over-estimated its capacity but it was being addressed. The CSP was also still housed in the SAPS building – there was no way it could move because it did not have the funding. He had signed off on the advertisements for the post of CFO so it was now a matter of publishing it which should be done this weekend.

Mr Mbhele noted that one of the targets was the number of audit committee meetings held- the presentation noted that one of the meetings was postponed to January 2016 and he asked if this meeting did in fact take place. A number of indicators noted that approval was needed and lack of approval meant that targets were not met – who was meant to conduct this approval? On the programme expenditure, he asked what was meant by “outstanding payments and commitments”. 

Mr Rapea said the meeting in January did take place where the project t plan for the AG was approved – work on the Annual Report would also commend on 1 March. He was the person who approved reports, plans etc. – the indicator which Mr Mbhele referred to, while not approved, the work was completed in the third quarter so the target would be met in the fourth quarter

Mr Robertse pointed out outstanding payments and commitments referred to projections made up until 31 March for salaries and goods and services until the end of the financial year per programme. It was also included in economic classification as outstanding authorised purchases – it meant a projection was made on the compensation of employees as it currently stood and the amount available for goods and services going forward.

Ms Mmola asked what was meant by “lack of capacity” in relation to the indicator on the number of reports on payments to creditors produced within 30 days. Why were meetings not adopted? Who was responsible for following if when provinces did not forward their reports or were not complying?

Mr Rapea explained there was shared responsibility between the Heads of Department in the provinces but it was agreed that there would be alignment so the issue would not occur again going forward.

Mr Maake sought an overall assessment from the CSP in terms of where matters were now, what problems were being faced, what still needed to be done and how the Committee could assist. 

Mr Mhlongo thought the presentation showed there was no management at all – it was as if the CSP was a voluntary body where provinces were not held accountable. There was also no direction shown by current management briefing the Committee today. He raised these issues because there was a feeling out there that provincial executives made decisions about which cases would be investigated and which would not. Unless this was changed people would remain victims of political bureaucracy for life. The CSP was entirely depended on to break whatever ice and ensure maximum cooperation to enhance professionalisation of the police. This was the third meeting he attended with the CSP where there was lamenting from management – there should be a cut off point to say the buck stopped here with provinces which did not comply. If national management did not crack the whip, who would? Provinces would remain a law unto themselves if something was not done. 

The Chairperson noted the Acting Secretary took over at a difficult time when there was the qualified audit and other issues. The aims of the CSP in the Act were to monitor SAPS and if that monitoring institution was not able to do it, it raised various questions. The Committee needed the assurance that there would be turnaround – the CSP had enough staff, looking at the vacancy rate, but the question was whether it had the right team at director and chief director level to give guidance in terms of management experience, qualification and performance management to do the job. This was the concern of the Committee. Another concern was the basic governance model – he did not agree that there should be one audit and risk committee because this was a risk in itself. The audit committee had its own role to play as did the risk committee – taking short cuts now would have effects in the medium to long term. Effective controls within the organisation were needed. The Committee also required an indication of the Acting Secretary, as acting accounting officer, as to whether he had the team and what would be done to ensure matters were moved along.

Mr Rapea acknowledged that he took over at a difficult time added to which were budget constraints. The CSP had pockets of excellence but there were also areas where people were not pulling their weight – these areas had been identified and they were receiving attention. One of the interventions he took to deal with some of the weaknesses was to take all the senior managers to the finance for non-financial manager’s programme because very few understood their responsibility in managing finances. There was a meeting with the Heads of Department in the provinces to deal with issues of alignment. When requesting reports, there was often finger-pointing but the meeting clearly outlines roles and responsibilities and would assist with the turnaround. It was important that there was also a standardised structure for the provincial offices because this was currently not the case. Such standardisation would have to come in the form of a directive from the Minister. Without standardisation, every MEC would want to conduct processes their own way. There would also be restructuring of the Department to ensure all functions identified in the legislation was addressed. Proper plans could be provided to the Committee in the new financial year. The CSP was a very important department which needed to be turned around. The Secretariat also spoke to the AG for assistance in dealing with some of the challenges experienced. He noted the risk of combining risk and audit committees.

Ms Molebatsi heard Mr Rapea say MECs did different things in the provinces, but did they not taking marching orders from the MINMEC?

Mr Rapea responded that there were inconsistencies between the provincial secretariats but this would be alleviated through a process of standardisation. There was coordination at MINMEC. 

Mr Mbhele highlighted that it was important to remember the provincial offices of the CSP were unlike those of IPID, for example, as was outlined by the CSP Act – the MEC appointed the head of a provincial secretariat. When provinces failed to submit reports it was not because of an insubordinate manager but it was a different sphere of government who had a statutory obligation to align and cooperate but not within the same organisation. It might be useful in reporting if the CSP reflected on these two aspects of work i.e. work within the direct sphere of control of the CSP (like policy drafting) and then the work and targets contingent on other spheres and agencies fulfilling their role so that it became clear where the problem was if something was not done. 

Ms Mmola noted her question on the minutes of a meeting not being adopted was not responded to. 

Mr Rapea explained internal audit would look for minutes as evidence or proof of meeting attendance. 

Mr Willem Basson, CSP Director: Strategic Planning, added that the Secretary, since coming to the CSP in September, added the mechanism of having minutes approved before it was reported on so the indicator referred to minutes which were there but were not approved and signed off.

Mr Mhlongo thought the Committee needed to re-apply its mind to get the Secretariat moving – it was very dangerous to have a semi-federalistic system with the provinces and it was where the challenge came to administration. He also thought it would hamper expected serviced delivery. He also thought there should be a move towards vetting and filling of all the acting posts he heard with competent staff.  Unless this was changed, there would also be lamenting and the CSP would not be able to stand on its own feet.

Briefly on the legislation, Mr Rapea highlighted the prioritised legislation for the CSP was firstly the Critical Infrastructure Protection Bill which would be going to Cabinet in March. Immediately thereafter, the Committee would be briefed. There was also the Firearms Control Amendment Bill which hopefully would reach Cabinet in April and thereafter the Committee would be briefed. There was also the Independent Police Investigative Directorate Amendment Bill being looked into as it might require amendment pending a Constitutional Court case – preliminary plans were that the Bill get introduced in October 2016. The Animal Movement and Animal Produce Bill were also being looked into for 2016 although there was no date for when the matter would go to Cabinet. The Protection of Constitutional Democracy against Terrorism and other Matters Amendment Bill still awaited the court case of an individual from Nigeria who had launched a constitutional challenge. The SAPS Amendment Act was dependent on the White Paper on Policing which was finalised – this would go to Cabinet in March together with the Critical Infrastructure Protection Bill. The regulations for the Civilian Secretariat for Police Service Act would also come to the Committee next month.

The Chairperson thought the CPS, as part of the legislative framework of police oversight, was a critical institution. The Committee’s task was to ensure this institution, and others, functioned effectively. The Committee recognised the challenges such as the fact that the Secretary was in an acting position but it was welcomed that posts would be advertised for permanent filling – this was vital for stability and the Committee thought it was critical that there was a permanent accounting officer. The skills set for top and senior management was also critical – within these numbers, excellent skills were required. The Committee also acknowledged that there was a review of current performance targets but there could not be reports without targets. Emphasis was placed on the relationship with provincial secretariats. The update on the legislation was welcomed but the Committee required the legislation much earlier especially the Critical Infrastructure Bill which was a matter which could not be delayed any further. The Committee also required a copy of the paper on the professionalisation of the SAPS. There should be serious discussion on unfunded mandates such as the appeals board with the political principals and Treasury to turn the situation around because it meant the CSP would be stuck with a mandate for which there was no baseline. The Committee would be monitoring this because it was critical that the Secretariat must be a success.

The meeting was adjourned.