SAPS and IPID on their 2016/17 Budget and Annual Performance Plans: Deputy Minister present

Meeting report

South African Police Services (SAPS) and Independent Police Investigative Directorate (IPID) on their 2016/17 Annual Report and budget
The Chairperson welcomed the Deputy Minister and gave her the opportunity to address the meeting.

Ms Makhotso Magdeline Sotyu, Deputy Minister of Police, firstly apologised for her absence from the previous meeting with the South African Police Service (SAPS). She stated that she had not received an invitation and she asked that in future her office should be copied into all emails sent to the Minister so that she could attend if he was not available.

The Deputy Minister mentioned her community outreach programme visit to Crossroads Village in Peddie, Eastern Cape. Prior to engagement with the Crossroad community, she had visited Ncedolethu Secondary School in order to establish what was happening with their school safety programme, in terms of the Memorandum of Understanding (MoU) between South African Police Service (SAPS) and the Department of Basic Education (DBE). The visit to the school reaffirmed the extreme importance of endorsing the back to basics approach, as adopted by government including SAPS. When the school was established in 1994, it had adequate basic facilities and was one of the best performing high schools in the Eastern Cape, with a 77% pass rate for Grade 12s in 2013. However, since 2013, the pass rate dropped to 46% by 2015, and over time facilities were lost along the way and it was unclear as to how that occurred. SAPS also did not know why – which illustrated that it had not got the basics of the policing right, and that was because it had abandoned the basic principles of collaboration with other government departments. The question must be asked how many government departments had installed the Intergovernmental frameworks to forge and formalise the vision "working together to move South Africa forward".
 

SAPS and the Independent Police Investigative Directorate (IPID) were encouraged to strengthen a working protocol to ensure that the IPID's recommendations regarding disciplinary cases against SAPS members were implemented and finalised. Without the recommendations report, the 90% target to formalise recommendations within 90 calendar days would never materialise. The same principle must be applied between SAPS and the Civilian Secretariat for Police Services (CSP). Complaints to SAPS were to be finalised within 30 working days, then the effective protocol must be a strategy between the two entities.

Such platforms were not taken for granted, as one of SAPS's fundamental pillars was to strengthen partnerships with all critical stakeholders and sectors. There were programmes put in place to ensure that SAPS met the basic needs of South African citizens and the wider civil society. SAPS would be judged on its delivery of basic services and safety to South Africans. An example of a service that could possibly help the police to go back to the basics was mobile police stations in communities.

Ms Sotyu mentioned that there was a huge current demand for police stations, but the building of these was not solely dependent on the Department of Police (the Department), but also on other stakeholders, which meant that the only intervention that SAPS itself could make was to introduce mobile stations, and this was featured in the SAPS's Annual Performance Plan (APP) as one of its emerging priorities.
 

The Department implemented a programme that allowed SAPS to “go back to basics”. This was the frontline service delivery (FSD) programme, which would enable SAPS to take responsibility. The FSD programme was launched on 11 December 2014 in the North West. The people of South Africa required SAPS to service them with community-accessible and receptive police delivery services, a professional and accountable service that the police should render, established from effective stakeholder relations and in the involvement of delivery of police services.

The FSD was said to be closing the gap between developed and poorly developed SAPS stations. “Developed stations” referred to stations found in affluent areas, and the “poorly developed” stations lacked skills, capacity and adequate infrastructure. There was also a divide between SAPS stations in urban and rural areas. For this reason, FSD was skewed towards rural areas as they were less resourced.

There were growing frustrations among communities concerning the failure of other service deliveries from other FSDs on the local level, thus putting a lot of pressure on SAPS. Conventional policing was constantly affected by the high number of service delivery protests which inevitably impacted on police resources, which then had to be re-directed in order to serve the protests.

Police killings had been detrimental to effective policing. Violent protests were not anticipated, thus when these do happen then there was a shift in resources. SAPS was expected to change basic methods and structures of policing to align to incidences not predicted.

The Deputy Minister said that she had already asked the Portfolio Committee, and was now repeating this to the Select Committee, that SAPS be exempted from the National Treasury's cost-containment measures otherwise SAPS's visibility would be threatened. Limitations on the SAPS budget impact on the effectiveness of SAPS in communities.

General Johannes Khomotso Phahlane, Acting National Commissioner, SAPS, apologised for having missed a previous meeting due to other commitments. It was noted that not all provincial commissioners were invited due to cost-restrictions, but the Commissioner for Western Cape, Lieut-Gen Khombinkosi Elvis Julia was present at the meeting representing all provincial commissioners.

General Phahlane noted that there was a commitment to implement the APP from 1 April 2016.  Full justice should be done to the mandate of making sure that the people of South Africa are taken care of with regards to safety measures. The Deputy Minister's future visit to the Diepkloof station was acknowledged and commended.

Senior Superintendent Craig Mitchell, SAPS Strategic Management, spoke to the presentation (see attached documents) and outlined the structure. The APP was part of the National Development Plan (NDP) vision 2020 supported by the Medium Term Strategic Framework (MTSF) and the Justice, Security and Crime Prevention (JSCP) cluster priorities. The President's State of the Nation Address (SONA) was key to SAPS. Key ministerial priorities with an impact on SAPS included the strengthening of the criminal justice system, professionalisation and demilitarisation of SAPS, and building safety using an integrated approach. Issues raised by the Portfolio Committee, especially in the Budgetary Review and Recommendations Report (BRRR) had been taken into account.

Internal inputs were taken into account including performances by top and senior managers. The strategic management process showed the progression of SAPS's performance. He explained that medium term goals and objectives were set out in the five year Strategic Plan whilst the 2016/17 APP cycle represented the third plan in the sequence.

Implementation control and evaluation looked at the strategic implementation control phases, and performance reviews had been done in December 2015 and February 2016, concentrating on Programme 3. A review of quarters 1 and 2 was done in November 2015. The National Support Forum looked specially at Programme 1 in December 2015. The strategic management analysis accounted for internal and external environments. He then outlined the strategic planning missions and dates.

The APP highlighted objectives and performance indicators and targets  for 2016/17. The divisional and provincial annual plans, were important because if there was to be a break from the strategic direction of the operational plan, then this would impact on the entire performance of the organisation and the Department.

The “back to basics” approach highlighted two important extracts from the NDP:
 
(i) personal safety is a basic human right and necessary conditions for human development improves quality of life and enhances productivity
(ii) when communities do not feel safe and live in fear, the country's economic development, and the people's well being in general were affected.

The vision encapsulated in the NDP vision 2030 outlined that people in South Africa should feel safe at work, at school and at home, and must enjoy a community life free from fear, where women walk freely in the streets and children play safely outside. An efficient and effective SAPS must be well-resourced with a professional staff and highly skilled officers who valued their work and served communities, safeguarded lives and property without discrimination, protected peace, combated violence and respected rights toward equality and justice.

The methodology for the back to basics approach was built on two key issues
- in-depth study from the two previous years, allowing SAPS to identify specific areas of persistent under performance which were linked directly to the objective of policing in the Constitution, which, if breached, placed SAPS at risk of not complying with Government Outcome 3. Specific areas of underperformance within the administration of the Department were highlighted
- Extensive consultation with management and members from the Crime Combat Forum took place, plus management meetings between all commanders in all provinces. SAPS was able to get inputs and identity the need for the development of the back to basics approach. There were also informal engagements with the SAPS members at all levels, from both the operational and support environments

- The problem statement showed the 2014/15 victims of crimes surveys, which spoke to perceptions of the increase in the level of violent and non-violent crimes. This was specifically with regards to house robberies and theft out of motor vehicles
- Under reporting of crimes to the SAPS resulted in a decrease in the number of respondents who felt safe when it was dark
- Increasing role of drugs in driving up levels of property crime was of concern
- Another serious concern for the SAPS was that only 57% of respondents said they were satisfied by the service provided by the SAPS in their respective areas
- Persistent underperformance in Programme 1 and support to SAPS members was a problem

Within Programme 2, the key objectives were as follows;
(i) serious crimes and crimes against women and children
(ii) the recovery of lost and stolen state owned firearms
(iii) recovery of stolen and robbed vehicles
(iv) the volume liquor confiscated
(v) the number of national and provincial awareness campaigns conducted by the SAPS.
 

In Programme 3: Detective Services, objectives included the detection rates for serious crime, contact crime, crime dependent on peace action, crime against women above the age of 18, crime against children under the age of 18, the conviction rate of crime against women above the age of 18 and the percentage trial crime ready dockets.

This led to the establishment of the back to basics approach led by the Minister of Police, senior management of the SAPS and the Acting National Commissioner. It would focus on every member in the organisation reverting to the established regulatory framework, by doing the basics of policing properly and consistently. These included focus areas of enhanced police visibility and building on successes achieved by the SAPS. During the festive seasons, there was efficient utilisation of resources in investigations. Crime intelligence supported both pro-active and re-active policing targets, informed of deployment of resources and a collaborative consultative approach to policing.

Several universal issues that impacted on the focus areas highlighted by SAPS, including the transformation of SAPS with a focus on de-militarisation and professionalism, building in integrity and discipline, and establishing a culture of management and accountability. All these were to assist in achieving outcome 3.

Management intervention capabilities played a key role in the back to basics approach. This was   initiated during quarters 3 and 4, led by Lieut Gen Gary Kruser. They aimed to ensure professional based knowledge management and policing. The objectives for the management intervention included:
- To establish and maintain a SAPS policing body of knowledge through research in order to determine non-compliance relating to the back to basics policing regulatory framework as well as poor policing performance
- To implement timely interventions, to prevent or correct for non-compliance, and/or poor policing towards achieving constitutional objectives.

Tangible outcomes were already achieved by SAPS. Recovery plans targeting specific areas of under performance were implemented during the third and fourth quarters of 2015/16.

In regard to Visible Policing and Service Terminations, there had already been enhanced performance. For example, by the middle of 2015/16, only 5 of the 15 indicators for Detective Services were achieved, but by the end of the financial year, 10 had been achieved, showing significant improvements in delivery.
 
They key elements supporting the management interventions' methodology were to reintroduce professionalism in the back to basics quality dimension which was to address the needs, the wants and the expectations of clients by focusing on the code of conduct, policing practice and the policing body of knowledge.

Knowledge based management was important in approaching problem solving through research, planning and monitoring and evaluations. SAPS's policing approach broadened the traditional approach to policing by addressing the root causes of crime in an integrated multifaceted and multidisciplinary approach, involving stakeholders. Interventions and timely knowledge-based interventions were included as they were said to address policing problems that could otherwise have a negative effect on SAPS achieving its set objectives.

He concluded that all outcomes and impacts focused on the inputs, actions and outputs on achieving outcomes and the desired impact.

Supt Mitchell said that in the strategic framework, there were five financial programmes;
Programme 1: Administration, was the regulator of the management department, providing centralised support services. 
Programmes 2 and 3 were SAPS's most important programmes, as they related respectively to Visible Policing (VP) and Detective Services. VP would discourage all crimes by providing a proactive and responsive police service that reduced the levels of priority crimes. Detective services contributed to the successful prosecution of offenders by investigating, gathering and analysing evidence. Crime intelligence and support in VP and Detective Services gathered crime intelligence in support of the prevention and combating. Crime investigations collated, evaluated and analysed coordinated intelligence for the purposes of tactical operations as well as strategic utilisation. The third objective was to supply intelligence products relating to the National Strategic Intelligence programmes of National Intelligence Coordination Committee (NICOC) and to institute measures required by SAPS.

Protection and security services minimised issues relating to security violations by protecting foreign and local prominent people and securing strategic interests.

Supt Mitchell turned to the performance indicators (see attached slides for full details. In 2014/15, there were 98 indicators in the annual performance plan. In 2015/16 this increased to 106. In 2016/17 it had been brought down to 97.  25 were revised, 19 were removed and 12 were added. None had actually been removed altogether from SAPS because they were now built into the annual operational plans of provinces and divisions. This was done to ensure that the organisation had a core set of performance indicators that represented the output of the organisation adequately.

Budget overview
Mr Phalaphala Ramikosi, Divisional Commissioner for Finance, SAPS, presented the budget overview. He firstly outlined the trends, showing a growth in budget since 2012/13 to 2018/19. This showed an average increase of 6.3% from 2012/13 to 2015/16, and an average of 6.6% increase from 2015/16 to 2018/19.

In 2015, there was a total allocation of R76 billion, and this had increased in 2016 to approximately R81 billion. There was an average increase of 5.6% which continued to grow in the coming financial year to R86 billion, a 7.7% increase. In 2018/19, this would increase to R92 billion, which was a 6.5% increase.

Programme 2 had the highest spike in the increase in the current financial year, with an average increase of 7.6%. Cost-cutting measures implemented by the National Treasury particularly had an impact on the compensation of employees within SAPS, showing a decline in the figures from  R1.5 billion to R1.4 billion, and the same also for goods and services. Professionalising the police would happen with continued strengthening of criminal and justice areas. There was a focus on forensics and detectives. The community outreach programme was also highlighted as a key area.

He noted that 76% of the budget was allocated towards compensation of employees, falling at the upper end of the required level of 75% /76%, 18.4% was allocated to goods and services. Breakdown of compensation for 2015/16 and 2016/17 showed an increase in growth.

Overall, 50% of the budget was spent on VP, with 21% spent on detective services, and 71% spent on core policing activities.

Details of the breakdown in budget were then provided.

Programme 1 was where most head office functions were located. Corporate services accounted for a huge chunk of the budget allocated for the programme.
Programme 2 accounted for a large amount of the budget as most of it was spent on crime prevention. This increased from R38 billion to R40 billion.
Programme 3 indicated that of the R16 billion allocated, R11 billion was spent on crime investigations.
Programme 4 was not dealt with in detail.
Programme 5 showed that of the R80 billion of the total budget allocation, R40 billion was directed towards provinces with the top receiving provinces including Gauteng, Eastern Cape and the Western Cape. The provincial breakdown was R62 billion.

Functions that were centrally managed included supply chain management, human resource management and facilities management. Although budget spending was centralised, activities were taking place at provincial levels. This also applied to the public works expenditure. Telephone Management System (TMS), computer and radio spending was done at a provincial level, but the allocation and training was on a national level.

Mr Mitchell continued with the presentation. He said that he would move on to discuss annual performance for the 2015/16 and 2016/17 years, by programme.

He outlined that Programme 1 had four sub-programmes: (i) the Ministry, (ii) management  (iii) corporate services and (iv) the CSP.

He explained that the presentation (see attached document) had the objective statement, the performance indicators and targets within the particular financial programme outlined. Two icons were highlighted. A yellow circle denoted a change in the APP, where either the objective, performance indicator or target have been slightly amended. The green square denoted a new addition to the APP.

The strategic objective under Programme 1: Administration was that Programme 1 acted as a regulator of the Department and provided centralised support services. He highlighted the objectives, and said that the target was to maintain a minimum workforce of 98%. The approved establishment figures were outlined. Other targets and their figures were for service terminations, time to fill posts (90% were to be filled within six months, which was met). The reason this target moved was to accommodate instances where a post was advertised but due to various reasons, the post could not be finalised. A new indicator was for percentage of people with disabilities across the whole workforce – there were 2% disabled people which excluded people who were deployed operationally.

Targets for finalisation of cases was dropped from 90 calendar days to 60. In relation to IPID-initiated investigations, 100% were initiated within 30 days of receipt , and 90% were finalised within 60 calender days.

Health and wellness profiles targets were set to promote a healthy, dedicated, responsive and productive police service. The first indicator showed an average and acceptable rate of unscheduled absence by sick leave, and the target was now 4.25%, down from the previous year's target of 5.75%. Debriefing targets subsequent to attending crime scenes were that 100% of employees must be debriefed.

The target for a capacitated professional police service, able to intensify the fight against crime and make the country safer, focused on human capital development, the percentage of learners declared competent upon the completion of the training provision plan (TPP), and the target was to have 96.5% of learners declared competent. A number of internships undertaken was to be increased by 10%, to 8.51%.

The targets for improvement of prerequiste resources were described; they related to personnel to vehicles, firearms and bullet resistant vests, percentages of public access and capital works, leasing and maintenance. It was explained that the one target for capital works, leases and planned maintenance had now been split into three. A division of budget and ratios were described (see attached presentation).

Enhanced information systems and information and communication technology (ICT) to support the business objectives of the SAPS were set out. They involved modernisation, implementation and maintenance and 95% was to be achieved from the project milestones.

The financial management capability targets were that 100% should be achieved by the end of June. Invoices paid within 30 days should hopefully improve to 99%. It was pointed out that SAPS dealt with a huge number of invoices.

Compliance and insurance provisioning looked at numbers of inspections by the Inspectorate, finalisation with 30 days (70%) and improvement of the internal audit plans. The target for improving organisational performance, compliance and enforcement related directly to the “back to basics” approach, with 100% of planned management interventions to be completed as a new indicator.

Emerging priorities for Programme 1 included:
- implementation of transformation and institutional reform initiatives led by the Minister of Police to establish an organisational structure that was responsive to current policing challenges and demands
- “Back to basics” and structure to follow strategy
- Research agenda to be formulated in support of policing
- Turnaround of key areas of under performance of the service terminations

There had been different causes of action leading to civil claims.  Enhancement of performance management and accountability would contribute to progressive discipline. The consequence management, done through an enhanced leadership charter, would also enhance SAPS's data integrity in identified areas. This was a cross cutting area that cut across all functional areas within SAPS. They were then reviewed with an appropriate approach as part of insurance provisioning to management of the organisation as well as to external stakeholders.

Programme 2 had three subprogrammes reflected in the APP, in Crime Prevention, Border Security and Specialised Interventions.

In serious crime, the crimes against women and children were targeted in the medium term. The targets here had been revised, and this was based on actual performance, for in 2015/16, serious crimes were reduced by 0.3%.  Management had, however, decided to increase the target for 4% serious crime reduction. Reported crimes against children were reduced during the baseline period. Management had decided to keep the target at 2%. Unlawful dealing in drugs was moved, because of reduced levels, down to 23.71%, also based on actual performance.


Management meetings were held between all commanders in all provinces. SAPS was able to get input and identity the needs of the “Back to basics” approach. There were also informal engagements with the SAPS members at all levels, from both the operational and support environments.

The performance statement showed the 2014/15 victims of crimes surveys which spoke to perceptions of the increase in the level of violent and non-violent crimes. This was specifically in house robberies and theft out of motor vehicles. The under reporting to the SAPS and the implications of such resulted in a decrease in the number of respondents who felt safe when it was dark. There was an increase in the role of drugs with driving up levels of property crime, resulting in a serious concern for the SAPS where only 57% of respondents said they were satisfied by the service provided by the SAPS in their respective areas.

Areas of persistent under-performing were highlighted in the previous year. In Programme 1, they were employment wellness and support provided direct to the SAPS members, and also the issue of civil claims against the SAPS. Within Programme 2; serious crimes and crimes against women and children, the recovery of lost and stolen state owned firearms, recovery of stolen and robbed vehicles, liquor confiscated as well as the number of national and provincial awareness campaigns conducted by the SAPS were underperforming. In Programme 3, the Detection Services under performance included the detection rate of serious crime, contact crime, crime dependent on peace action, crime against women above the age of 18, crime against children under the age of 18, the conviction rate of crime against women above the age of 18 and the percentage of crime ready dockets. All of these promoted the “Back to basics approach”.

Protection and security services minimised issues relating to security violations by protecting foreign and local prominent people and securing strategic interests.

SAPS had no idea on how many firearms were going to be reported as lost and/or stolen during the financial year which is why the Department was now looking at a new target for the number of stolen and lost illegal firearms recovered;however, it would still be monitored by a division that aimed to recover firearms, and it included numbers of stolen and/or lost firearms owned by other government departments were recovered.

The number of stolen and robbed vehicles recovered was previously referred to as the percentage of stolen vehicles recovered in relation to the number of vehicles reported stolen  - and that had been something that SAPS was not able to determine. Stolen and robbed vehicles recovered increased by 1% to 3648. The quantity of illicit drugs confiscated as a result of police action was to increase by 5% focusing, in the national targets, on cannabis, mandrax tablets and cocaine, crystal meth and heroin. There was a much more detailed breakdown in provincial states which took into account drugs such as nyaope, which was a major problem in selected provinces.  Liquor confiscated as a result of police action was to increase by 3% to 1.5 million litres.

Targets for percentage of escapees from police custody as against those arrested and charged did not exceed 0.048%. It was noted that the indicated description remained the same, but within SAPS's technical description, this indicated it was revised to include those “immediately rearrested” as part of the calculation.

Quality service delivery and responsiveness targets also included a percentage of  firearm license competency certificates and renewals finalised, which was introduced in 2015/16, and the target was finalisation of 90% of applications within 90 calendar days, so a time dimension to was added. The set criteria applicable to the rendering of a victim  friendly service.

The national average of police reaction police complaints were measured using Alpha, Bravo and Charlie indicators. Alpha complaints were serious complaints, Bravo included serious crimes where the suspect had left the scene. The average response times were for the entire country but were to differ from province to province, other factors depending on variables such as topography and infrastructure.

There was a target for percentage for functional community police forums implemented at the station  level, and this was 95% of police stations. Some could not implement effective policing and this was not included in the target. 99% of police stations have CPFs guidelines but three were unable to have this, because there was no fixed community, serving only seasonal workers.

759 of the identified 879 police stations implemented the minimum criteria of the rural safety strategy. The target for 2016/17 crime awareness campaigns said that SAPS should have conducted a total of 65 campaigns, 5 for each province and 20 driven at a national level. There was a 100% target for the safety programme implemented at identified schools. Another related to 100% reaction to crime-related incidents captured on movement control systems. 100% was also set as targets in relation to border security, profiled vehicles search, containers and cargo consignment search for illicit drugs, firearms and stolen/robbed vehicles, consignment smuggled persons and counterfeit goods and contraband. The target that had been introduced under the particular subprogram involved specialised interventions. Reaction to requests received to the Special Task force was targeted for 100%. There was another for 100% targeting of dangerous cargo safeguarding. This was part of the professionalisation of the service.

Specific crime prevention was focused on serious crimes impacting on farms and small holdings as well as drug trafficking.

Sustained visibility was important going forward, as well as the implementation of the Farlam Commission recommendations related to public order police training and resourcing, and focused interventions in the North West. Public order police capability intensified crime awareness campaigns at schools. Part of the strengthening of confidence in communities included ensuring adequate police detention facilities, and reconnecting with citizens. There was a focus in optimising operational capacity reducing, for example specialised policing units like public order policing and technical order response teams.
 

In Programme 3, there were four sub-programmes; Crime Investigation, Criminal Record Centre, Forensic Science Laboratories and Crime Centre. The strategic objective was to contribute to the successful prosecution of offenders by investigating gathering and analysing evidence.

The targets for each of these categories of crime were given – and they were broadly divided into percentage of crime detection, percentage of cases ready for trial and conviction rates. The targets were given for contact crimes, crimes detected through police action, crimes against women (which included attempted murder, all sexual offences of common assault and assault), crimes against women and children, crimes against children in terms of the Child Protection Act, and crime investigations. The crime investigation targets also included targets for violent conduct in public protests. (See attached document for all targets).

Targets were then given for handling of serious corruption and officials involved in procurement fraud and corruption related cases, serious commercial crime and addressing serious corruption in the private and public sector, by investigating and contributing towards the conviction of 120 persons in cases in which the amount benefit per case was more than 5 million, and recovery of assets of R1.3 billion. This was said to be a cumulative figure before syndicated crime was considered.

Objective statements were also included for cyber crimes, with the detection rate targeted for 28%. The targets also spoke to ensuring and promoting mutual assistance and cooperation between the SAPS and other national and international law enforcement agencies, to reduce trans national crimes, with other indicators for cross-border crime and identifying transnational crime suspects facilitators.

For the forensic laboratory, further indicators were given on processing of samples, with samples to be processed within 63 working days, exceeding the pre-time of 28 working days at the backlog. The forensic DNA database and taking of buccal samples were also indicated. Emerging priorities within Programme 3 showed a revamp of the criminal justice system, looking to ensure that there was a master plan with steps to ensure integrated implementation of the CJS seven point plan.

Specialist units were announced in the State of the Nation Address, which, for example, focused on drug-related crime, taxi violence and firearms. balance and firearms enhanced utilisation of investigative aids.

Management of high-profile investigations and crime scenes from a communications and media point of view were also addressed in the APP, specifically for Programme 3.

Programme 4 dealt with management of Crime Intelligence and analysis of crime information and provided technical support for investigators and crime prevention operations. Indicators were described for each. The objective statement had been modified slightly. A new indicator was given for the percentage of ICT security assessments finalised, and physical security assessments finalised. Reports must be drawn by management at the end of the programmes. A communication and perception analysis report on the number of threats and risk assessment reports were required. 22 strategic intelligence reports should be furnished to NICOC.

The final programme dealt with Protection and Security Services, which were given to dignitaries in government. The first sub-programme related to VIP Protection Services, the second to Static and Mobile and the third to Government Security Regulator and strategic installations protection. Presidential Protection and in transit protection were covered, and the target was 100% protection. d target a 100% protection provided in terms of static protection by government security regulator and strategic installations. The changes in the targets from the previous year were outlined.

Mr Mitchell noted that the Select Committee had specifically asked SAPS to address professionalisation and demilitarisation. The Minister of Police was leading a panel of experts who were assisting with the implementation of the Farlam Commission recommendations, specifically a review of public order policing, which would look at best practice, adequacy of policing methods and available tools, as well as policy and procedure. The Deputy Minister was to lead a Transformation and Institutional Reform Committee to review outdated policies that impacted negatively on police officers' working environments and living conditions, career progression and dependence livelihood.

He noted that SAPS worked with accredited institutions and were in the process of compiling learning material through various Sector Education and Training Authority(SETA)-accredited bodies, and registering trainers within SAPS as moderators and assessors. There were established relationships with research and academic institutions through the SAPS Tertiary Forum, as also with specialised training programmes with international partners, which were managed by various embassies. SAPS provided bursaries internally, and learnerships to enhance and promote academic and development. It did continuous training and retraining of members to ensure specifically operational readiness and governance compliance. The Executive National Security programme, was run in collaboration with the Department of Defence, assisted by the University of Stellenbosch. There was also continuing education through engagement with tertiary institutions such as UNISA and the University of Pretoria. Learnerships targeted functional areas where specific skills are required, and addressed critical skills shortages and these included diving, skippers of boats, pilots and technicians. Accreditation of workplace learning through the MARSETA looked specifically at SAPS's garages and improved quality control impact. Top professionals were being employed, such as forensic scientists in the forensic science labs, architects, psychologists and auditors.


There was benchmarking being done on an international level, with professionals, on matters such as control, crime scene management and explosives.

Demilitarisation of SAPS had been highlighted not only in the National Development Plan (NDP) but also was one of the recommendations made by the Farlam Commission. It was crucial that SAPS and all stakeholders had the same understanding of what it meant to demilitarise. IN 2014 SAPS had held a research colloquium to try and establish a common understanding. It was attended by, amongst others, representatives from tertiary institutions, the South African Gambling Board, Deloitte Touche, and senior managers within SAPS. At this colloquium there were several important presentations. Two of the most important had been a discussion on militarisation to democratisation, and a presentation on Future Policing, which presented some meaningful changes towards professionalism. From discussions, it became clear that some of the arguments being presented were not based on current research, thus prompting the development of research questions surrounding demilitarisation. The Acting National Commissioner approved the research project on 17 December 2015, there was additional assistance by UNISA as part of a community engagement project, to run for 18 months. The project would adopt a qualitative approach, based on semi-structured interviews, including those with a sample of SAPS junior managers and as many as possible of the stakeholders who recommended the demilitarisation of the SAPS. A seminar on demilitarisation was to be hosted by SAPS. Labour unions and external stakeholders, including representatives from key areas such as ProudlySA, The Council for Scientific and Industrial Research and the Sussman Foundation would be invited.

The final slides dealt with public order police training in light of the developments in the country including the recent protests and the upcoming local government elections. It was noted that various training interventions for public order police were conducted during the 2015/16 financial year.

Independent Police Investigative Directorate on its strategic plan and budget priorities; questions and discussions
The Deputy Minister introduced the IPID by summarising that it was responsible for conducting arrests within SAPS, and investigating other incidents by SAPS personnel.

Mr Israel Kgamanyane, Acting Executive Director, IPID, firstly noted that in the previous financial year, the IPID had managed to spend 100% of its budget, showing consistent spending in each quarter. However, it had only achieved 77% of its targets.

The IPID remained committed to implementing the results-based management approach to organisational performance that was adopted in 2012/13. The alignment of the IPID strategic and annual performance plan of 2016/17, which is under review, further gave effect to the results-based management approach.

IPID's strategic goals and objectives are linked to Outcomes 3 and 12 of the MTEF for 2014-2019. IPID had needed to adjust some of its strategic objectives, as reflected in A Annexure A of the Annual Performance Plans (APP).

Its key priorities remained the strengthening of the investigative capacity, including improving the quality of training for investigators, and improvement of guidelines, systems and procedures used for investigations and reporting that capacitated the National Special Investigation Team (NSIT) units at provincial level. He noted that the implementation of Section 23 of the IPID Act was still not done although the Act was drawn in 2012. IPID would furthermore conduct research studies on factors underlying the high intake of assault cases.

IPID's fiscal envelope had been greatly affected by budget reprioritisation, as a result of the student protests and the drought relief in 2015/16 financial year. Therefore this affected some of the targets in the MTEF allocation, including the implementation of Marikana recommendations, funding of ICT infrastructure and the IPID's expansion strategy. Consequently, for 2017/18, IPID's budget had been cut by R14 million and a further R23 million by 2018/19.

IPID had told National Treasury and the Minister that the proposed  budget cuts meant that the IPID would have to retrench 14 SMS members. This was simply not possible. He noted that  budget cuts should not happen based on establishments.

Mr Patrick Setshedi, Acting Chief Financial Officer, IPID stated that he would cover the budget allocation and the feedback on engagement with the National Treasury and the unfunded mandates.

The key priority areas in the budget were in line with the Estimates of National Expenditure (ENE).  Areas that had to be considered in the 2016 budget were as follows:
(a) The capacity development for investigations.
(b) Awareness training for police officials in key provisions of the IPID Act.
(c) Personnel capacity and relevant expertise.

The IPID ENE key performance indicators demonstrated the alignment of budget expenditure with performance. The investigation and information management in Programme 2 was highlighted as a key performance indicator. In Programme 4, one of the key strategic areas had been highlighted. Budget allocations had taken place for each activity, including the compensation of employees which amounted to R110 million for investigators and R33 million for goods and services; for cooperation expenditure; investigation and information management; as well as R8.9 million for compliance, monitoring and stakeholder management.

He then outlined the 2016 MTEF budget allocations, on slide 7, which also gave comparative figures. For the 2016/17 financial year, the IPID budget was increased by R11.3 million which translated into a 4.6% increase, for 2017/18 there was a decline, and in 2018/19 there was a R11.5 million decline as a result of the budget reduction that happened in IPID's overall baseline.

IPID ran under four progarmmes:
- Programme 1: Administration
- Programme 2: Investigations and information management
- Programme 3: Legal services
- Programme 4: Compliance monitoring and stakeholder management

The IPID planned to  re-allocate activities from Programme 3 to Programme 1 to form part of the support services to the core business. This arrangement was to take place during the budget adjustment. There were no major adjustments to the Strategic Plan that was tabled in March 2015. There was an Annexure on IPID's APP, on the basis of the National Treasury framework, at pages 46 to 48.

The breakdown of the budget programme over the MTEF showed that the overall support of Programme 1 received 30% of the overall budget, Programme 2, the core programme within the IPIP was 64%, Programme 3 received 2% and lastly, Programme 4 received 4%.

 

The budget allocation per economic classification showed that the compensation of employees received was 72.5% with goods and services at 27%, transfers received 0.2% and capital assets received 3%. The bulk of the budget was due to the fact the the IPID is a labour - intensive department thus explaining the bulk of the budget being allocated towards compensation of employees.

The comparison of budget allocation per programme for 2015/16 and 2016/17 showed that Programme 1 had an allocation budget of R74 million in 2015/16 and only a minimal 1% increase in the 2016/17 year, far less than the 7% inflation rate. Programme 2 received R150 million in 2015/16 and R157 million in 2016/2017,  a 4% increase, also below inflation.

The budget allocation for provinces was subject to criteria that looked at the size of the province, the intake of cases as well as the ease of conducting investigations. For Compensation of Eemployees, the budget ranged from R9 million in the Northern Cape for example, to R15.1 million in Gauteng. The goods and services allocation ranged from R1.1 million in Mpumalanga to R4.9 million in the Western Cape, due to the investigators' troubles and accommodation when conducting investigations.

In Programme 3, the budget allocated for Legal Services in 2015/16 was R5.4 million, and this was up by R5.6 million, which was less than the inflation rate. Programme 4 had an allocation of R4.4 million in 2015/16 and R8.9 million in 2016/17. This 50% increase was not a result of additional budget, but was the result of re-allocation of functions for commutation from Programme 1 to Programme 4, since the functions are aligned with the stakeholders amendment.

The feedback on engagement with the National Treasury showed a baseline allocation of a R10 million augmentation in 2017/18, as well as a R18 million augmentation in 2018/19, specifically for general wage increment. The budget allocation was revised by R14 million in 2017/18 and by R23 million in 2018/19. IPID was not in agreement with the National Treasury with regards to the revised allocation. Whilst the agreement was communicated to National Treasury in writing, there had been a reduction over all departments, not just IPID and so the IPID recommendations had been rejected.

This resulted in the fact that various priorities were now not funded in the reprioritised 2016 MTEF budget allocation. These included for example, the IPID's expansion strategy, which had been adopted in various forums but was not funded. The implementation of the Marikana Commission Report recommendations would require multi-disciplinary investigations funded by the Department, despite its limited budget. The procurement of access control and biometrics for all district offices, in order to comply with the Minimum Information Security standards (MISS), was not allowed for, despite a request to National Treasury. Capacitation of the Directorate executive management, in order to align with the proposal made by other entities within the Ministry of Police could not now happen. Finally, there was no funding for the replacement of ICT infrastructure and equipment.

Ms Mamodishe Molope, Chief Director: Compliance Montoring, IPID, presented on the planned performance for 2016/17, the vacancy status report, feedback recommendations to the South African Police Services (SAPS) and the National Prosecuting Authority (NPA) as well as notable successes and challenges by the IPID.

She said that Programme 1 consisted of five sub-programmes: (i) Departmental management (ii) Internal audit (iii) Financial services (iv) Corporate services (v) Office accommodation. There were two main strategic objectives. The first strategic workforce related to creating a capable workforce, and here IPID planned to train 450 employees over a five year period. The second strategic objective was related to creating a level five status in effective risk management. There were five performance indicators and annual targets highlighted in Programme 1 for 2016/17. A number of quarterly targets were outlined for 2016/17.

Programme 2 had two objectives. The first was to strengthen the IPID's oversight role by conducting investigations in line with powers granted by the IPID Act. This would be followed by making appropriate recommendations in the  various investigations categories, and submitting feedback to complainants. The second objective was to enhance efficiency in case management and maintain a relationship with other state security agents such as the SAPS, the NPA, Civilian Secretariat for Police (CSP) and community stakeholders through in-going national and provincial engagement forums. The three sub-programmes related to  Investigation management, Investigation services and Information management.

In Investigation Services, it was hoped to train 400 investigators over the five year period, which  would allow the IPID to establish specialised investigative capacity. Another objective was to achieve a 60% finalisation of all decision ready cases. 17 programme performance indicators were listed, and these were broken down into quarterly targets.

In Programme 3, there were two objectives highlighted, which were:
(i) To provide overall legal advice, guidance and support; manage the legal obligations and ensure constitutional, legislative as well as regulatory compliance by the IPID
(ii) Provide support to the SAPS as a whole and to investigators in particular.

Programme 3 consisted of three sub programmes: (i) Legal support and administration;
(ii) Litigation advisory services; (iii) Investigation advisory services. The strategic objective in Programme 3 was to provide investigation advisory services to investigators. A percentage was given as a target, out of the total numbers of requests received, and overall the IPID hoped to achieve providing legal advice in 90% of all cases over a five-year period. There were eight performance indicators and annual targets in the MTEF. The quarterly targets were to be recorded on an annual basis, however their performance was to be monitored on a quarterly basis.

Programme 4 had the folwing objectives;
(i) To safeguard the principles of corporate E governance and stakeholder management through in going monitoring and evaluation of the quality of recommendations made to the SAPS and Metro Police Service (MPS).
(ii) To report on the SAPS's compliance with reporting obligations in terms of the IPID Act

The two sub-programmes consisted of: (i) Compliance monitoring and (ii) Stakeholder management. Its main strategic objective was to implement 90% of the integrated communication and stakeholder engagement strategy. The performance indicators and annual targets highlighted that there should be 108 community outreach events conducted per year. In each province, there were 12 engagements conducted which made the annual target of 108. In respect of quarterly targets, there were to be 12 formal engagements at national level. There would be 36 provincial engagements at provincial level with key stakeholders, leading to 144 in the annual target.

Part of the framework by the Select Committee was to provide a status report with recommendations referrals to SAPS and the NPA. 7 400 recommendations were referred to both SAPS and NPA, and the annual break down of the recommendations was shown in the graph on slide 38.

The status report for 2015/16 showed that IPIDs had referred 985 recommendations to SAPS, and that SAPS had taken initiatives on 963 of those. The conclusions were:
- 76 referrals were withdrawn
- In 120 cases SAPS members were found guilty
- In 34 cases, SAPS members were found not guilty.

SAPS still had 406 cases under investigation, with 182 disciplinary processes awaiting response.

Of the referrals sent to the NPA, which were 767 in all, 38 had had proceedings initiated and 38 outcomes were received, whilst 729 were still awaiting response.

The following challenges and solutions by the IPID were then explained.

The status report on the vacancy rate in provinces as at 01 April 2016 showed that in total there were 20 vacant posts across provinces, of which five were approved and seven of the posts still awaiting response and security clearances. Eight posts were advertised. In total there were 20 vacant posts and recruitment processes were underway.

In addition to the vacant posts across provinces, there were four additional posts that were added to the organisational structure for 2016/17, as outlined on slide 40.
 
Overall, all provinces achieved their planned performance targets, and performance had improved from 44% achievement in 2014/15,  to 77% in 2015/16 with regards to the finalisation of investigations.

The challenges by provinces had been noted. These mainly related to backlog of cases, excessive workload, deaths as a result of police action, the numerous instances of murders and murder-scene problems, shortages of personnel and limited funding.

The proposed solution was for IPID to continue with the Backlog Task Team to address challenges of backlog cases, while at the same time addressing the challenge of limited funding in order to advocate for the expansion strategy.

IPID had another particular challenge in terms of the vast areas that the investigators had to cover, and long distances to attend to a crime scene. There was a high case intake in relation to deaths as a result of of police action, and assault in the course of police executing their duties. As reflected in the APP, IPID would continue to try to create more awareness at various SAPS station lectures.

Mr Israel Kgamanyane concluded that the annual performance indicators remained the same, with a slight decrease in planned targets due to a limited fiscus. The implementation of interventions to improve performance in Programme 2 was to be continued, including eradicating the backlog cases. IPID would continue to engage National Treasury on the projected budget shortfalls. There would be continuous engagement on cost-containment measures to ensure that the IPID's resources were directed towards the core functions. It would continue to engage constantly with stakeholders on  executing IPID's mandate. It would be engaging in education awareness, with the objectives of professionalising police services.

 

Discussion
Mr S Thobejane (ANC. Limpopo) acknowledged that one of the challenges faced by IPID was how, if IPID received a complaint and carried out an investigation, it would then deal with SAPS when the matter was referred back. It could not surely tell SAPS to arrest its own members.

Ms B Engelbrecht (DA, Gauteng) asked for clarity whether investigations were started by IPID from reports emanating from the public, or from the SAPS. She said that if it was the former, she was concerned that the public may not know about the existence of IPID, but the public should be made more aware of  IPID's role in society; it was an important part of the country's law enforcement, and ensured transparency. She commended IPID on its work.

Ms T Wana (ANC, Eastern Cape) wanted clarity on IPID being a new entity, and in relation to its vacancies, asked what its staff establishment was supposed to be. She asked how long a post could be vacant. She noted that there was a shortage, as reported by the media, in respect of the Marikana investigations, and asked who was to take charge of the matter from here, SAPS or IPID.

The Chairperson asked if all provincial heads had been appointed in all provincial offices, and if not, then how many vacancies still existed?

Mr Kgamanyane responded that all provincial heads had been appointed in October to December 2014, and all the Chief Directors were in place. The figure of the shortfall in implementing the Marikana recommendations had come out in a presentation that was given to the Portfolio Committee on Police the previous day. This particular investigation formed part of the unfunded mandate that was listed, even though a figure had not been indicated. The Marikana Report spoke to the estimates that the SAPS had come up with after the release of the report. There was a project plan initiated by the SAPS, which said that around R5 million would be needed to institute all the investigations recommended by the Farlam Commission Report. It was re-emphasised to the Select Committee that IPID was to continue to investigate and fund the particular project within its existing budget, as it basically had no choice but to move forward and proceed, even under the challenging circumstances it faced.The point was that the report could not be left to SAPS to investigate, so that was where IPID had to come in. The investigations were started immediately after the incident happened. Immediately after the Commission was done with it listing of processes, the investigations were then proceeded with by the IPID. The National Directorate of Public Prosecutions was leading the prosecutorial driven investigations, and it had been liaising with and advising IPID, giving instructions and directives in investigations. More than ten task team members were based in Rustenburg, full time, dealing with the Marikana investigation.

The services of IPID were basically established in its present form after a study by the Department of Public Service and Administration (DPSA) had drawn up figures for the ideal structure of an establishment for what was (then) the Independent Complaints Directorate (ICD). In 2015, these ratios were drawn to show the number of IPID investigators that would be needed in relation to the number of SAPS personnel but if only those were used, then IPID would never be able to cope. The ratio would be set to change in 2017 so that more invstigators at IPID would ideally be needed. IPID said that any vacancies must be filled within three months from the time that they fell vacant. IPID had tried to fill posts through advertising and certain other processes, but the IPID Act required that prior to appointment there must be screening done by the State Security Agency, which had contributed to delays in getting the posts actually filled.

In terms of investigations, the IPID Act stated that there was an obligation on SAPS and the Metro Police Services (MPS) to notify matters listed in Section 28 to IPID immediately, and within 24 hours a report must be sent to IPID on the particular incident. These matters tended to go to SAPS first, and as or when the CSC became aware of a matter against the police, this then fell within IPID's mandate, and it would be called to take over the matter from SAPS. However, in some instances, complainants would be  assisted by IPID to open a case with SAPS, which would then be referred to IPID for investigation. There was nothing stopping a complainant or a third party from laying a complaint with IPID.

He agreed that marketing was still a challenge because it related to the budget. Currently, IPID focused on capitalising its presence through radio stations awareness and advertising at taxi ranks as these methods of communication did not require substantial funding.

In regard to what happened after investigations, he said that after IPID had received the complainant's docket it would then carry out the arrest, but the SAPS would be present to give back-up. IPID would actually be in charge of arranging the arrest procedure, but none of the IPID personnal carried firearms to arrest scenes. Before a police officer was arrested, the station commander would be instructed to disarm the officer without telling him or her that IPID was coming through to arrest them.

Mr Thobejane asked how this worked in a situation where a police officer might have committed a crime on the instruction of or the assistance with that station commander.

Mr Tlou Kgomo, representative of IPID, highlighted that there were many ways to do arrests. IPID had the same powers and obligations as the police, but the manners of arrest could differ, depending on the case. For instance, in a shooting, if an investigation is carried out and it was found that the shooting was intentional, and that an officer on duty shot at a person, then it could be possible to prosecute without issuing a warrant of arrest because that person may not be a flight risk. The arrest here would be done in a dignified manner. In incidences of corruption, the person is arrested without question. If there are suspicions that the arrest may be difficult, then a call would be made to SAPS. IPID personnel do have firearms, but it keeps the responsibility of effective the arrest in these cases with SAPS. here are equal rights to arrest officers shared among the IPID and SAPS.

The meeting was adjourned.