Independent Complaints Directorate Report: briefing

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02 March 1999
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Meeting Summary

A summary of this committee meeting is not yet available.

Meeting report

2 March 1999

Documents handed out:
Report of the Independent Complaints Directorate to the Joint Parliamentary portfolio Committees on Safety and Security, as well as Justice Committee, 2 March, 1999 (Appendix)

The ICD reported that it has grown in stature since its establishment. This fact is supported by the number of cases handled as well as the positive exposure by the media. Although successful in this aspect, the success of the ICD as independent body is threatened by a lack of resources as well as an insufficient budget. Due to inadequate budget allocation the ICD has failed to open provincial offices in the Free state and Mpumalanga while it still remains understaffed elsewhere. The ICD requires a more extensive budget, authority and capacity in order to be effective in its functions. In the face of these facts, the Committees on Safety and Security as well as Security and Justice pledged support to the Directorate and expressed its concern for a lack of independence due to the ICD’s visible limitations.

The chairperson welcomed all members of committees, representatives of the ICD and asked Advocate Melville (Executive Director of the ICD) to open the reporting process.

Adv.Melville opened by outlining difficulties and successes of the ICD since it was established in 1997. The main task of the ICD is to receive, monitor, investigate and make recommendations on the complaints regarding the activities of the South African Police services in an impartial manner. Melville is pleased about the growing progress of the ICD in executing some of its primary tasks. Its progress includes: the recent Durban murder conviction of an SAPS member for shooting a detainee in custody, 70 prosecutions in 319 cases (including 30 convictions), 83 inquests by the Director of Public Prosecution as recommended by the ICD, as well as the resolution of 108 cases through mediation.

The ICD reported on the importance of the Complaints Registry as being responsible for the co-ordination of the receipt, processing and allocation of complaints. The effective recording of these complaints allow for the compilation of statistics which determine trends. During this financial year a 39% increase in complaints had been received. Unfortunately, 'class action' type complaints (where, for example, 30 people complain about the same matter) were placing time constraints on the ICD and a need for prioritising remains a necessity.
Another positive improvement is the hope that an online electronic database will be implemented to allow investigators at the scene of a crime immediately to link up via cellphone in order to register information on the specific case.

At present, the majority of cases being actively investigated by the ICD are cases of deaths in custody or deaths caused by police action. Since beginning, the ICD has received 1 292 notifications of such deaths and has investigated 928 of them. Although this is an example of the determination of the ICD to fulfill its purposes, the work of the ICD is seriously hampered by a shortage of investigators, as well as the extremely large area’s that present investigators have had to cover. These factors force the ICD to work together with the Dept. of Health as well as with Police force members, (especially in the line of Forensic and Ballistic Investigations as well as post-mortems). As a result, the independence of the ICD is compromised as an independent body and a reprioritisation of cases have occurred (post-mortems at time take up to 8 months). Positively, the role of the ICD in combating injustice has become clearer as cases that would have gone unnoticed have been brought to light by the ICD. Case examples include that of "Baby Angelina" Zwane where disciplinary proceedings have been taken against the members for failing to arrest the suspect as well as the investigation of a SAPS member who shot his neighbour 18 times.

The problems of the ICD:
As the ICD becomes known, it receives more complaints without an accompanying growth in financial, personnel and other resources.
The ICD could not open the regional offices it needed in Mpumalanga and Free State due to lack of funds for office rentals. It had to remain understaffed. As a result, it has to make use of the police and other agencies in its investigations, risking its independence in the process.
3. Because of the limitations, argues Melville, as much as the ICD would like to give equal attention to all categories of complaints, it has to focus on the continuing high rate of police-related deaths in police custody as its primary concern.

Policy and procedural formulations have also been done on arrest procedures, search and seizure procedures and investigative standards and procedures. In the viewpoint of the ICD, this component of the Directorate is an ongoing process. Training and Development has also been regarded as a high priority of the ICD. Unfortunately, most members of the ICD have had to do on-the-job-training and have not had the opportunity of going away on long courses to learn the ropes. The shortage of staff has also called for the incorporation of external consultants, such as the training obtained from the investigators of the USA with their "International Criminal Investigation Training Assistance" programme. Importantly, the combating of corruption poses a problem for the ICD due to the fact that there is a lack of capacity to handle the complex problem that corruption usually provides.

Mr Jacobs presented the budget to the meeting:
Looking at the projections of the main divisions, the 1999/2000 is R 23 610 000 compared to the R 27 760 0000 of 1998/1999. The budget in actual fact, remains the same due to the fact that the ICD owed the Dept. of Public Works the above-mentioned amount for lease rentals. This does not give the ICD much room to expand. (Take note: savings were also made due to the fact that 26 posts of the ICD are still vacant, which will be filled by March 1999.)

Mr Jacobs added that with this budget there is no room for the ICD to improve on its services or to remedy the number of problems it faces.

The Chairperson then opened the floor to questions:
Is the report on racism a true reflection and what types of challenges are being encountered in this area?
Response: Statistics don’t necessarily reflect the true nature of problems. Statistics only reflect the cases reported. Challenges include the fact that if a certain SAPS member reflects a racist attitude toward colleagues it is seen as misconduct which the ICD can investigate, but the same SAPS member can still get away with acting in a discriminating way against the public. Another challenge for the ICD lies in being able to present information on a complaint objectively, whether the complaint originated from a criminal or a member of the SAPS.

How independent is the ICD from the SAPS? For example, in Bloemfontein and Mpumalanga specifically, the ICD share offices with the SAPS.
Response: The ICD recognises its problem of independence from bodies such as the SAPS. Although the ICD is hard-pressed considering certain logistical matters, the ICD does need to integrate with the SAPS at certain stages. This includes, for e.g., the transport of criminals from one point to the next. As long as the integrity of the ICD remains intact, there will be no interference from bodies such as the SAPS.

The ICD is seen by some as a threat to the police force. What is the relationship between the two?
Response: The ICD admits that it is a challenge to get police officers to understand that they also have the powers to investigate a matter. In order to combat this problem, presentations are given to the police in order to explain the role of the ICD. Out of present experience, good co-operation does exist between the ICD and police members. Furthermore, area liaison staff have been instituted as mediators, but the sentiments between police management toward the ICD are not always sure.

What is the ICD doing about cases such as police drunken driving and negligent use of firearms, i.e. when the police play with firearms, or keep then negligently, or they end up in the hands of children who end up shooting other children?
Response: If the police commit any act of negligence, including negligence in handling firearms, the ICD will investigate. If the public carries out any act which does not fall within the ICD mandate then that act falls under the jurisdiction of the police.

Mr M George (ANC): We all support the ICD in all its functions. The problem with the ICD’s presentation is that it is so vague. You tell us of the problems you face, you also tell us of the budget, but it is unclear whether you are happy with this budget or not. The ICD must tell us if we must support this budget or not. If this budget is small then Mr Jacobs must tell us why there is a reduction in this year’s figure.
Mr Jacobs (ICD): When a particular amount is already allocated to you, it becomes pointless to exceed that figure even if you have to, that is why we have this smaller figure.

Mr Ndlovu (IFP:
How long does it take the ICD to investigate and make recommendations?
Advocate Melville: It depends on many issues. We must be careful not to be seen to be working against the police or anyone. We depend on the co-operation of the officials and I must say that there has been a lot of co-operation from most officials at police stations although there are incidents where our investigators get chased away while trying to investigate. I have had good dealings with Commissioner Fivaz where he offered to do some follow up on certain reports that we made.

In his conclusion, Advocate Melville felt that the ICD can function better if can be better resourced with regional offices, properly financed to address the under-staffing problem and be given more authority to conduct its investigations. It is in Adv. Melville’s opinion that in order for the ICD to have an impact on transformation within the SAPS, effective resourcing is cardinal.

The chairperson expressed concern about the independence of the ICD. Caution was also been expressed about developing the independence of the ICD without polarising the ICD and the SAPS. The chairperson announced follow-up questioning on this issue on the 15 March.

Appendix: ICD Report


2 MARCH 1999










Provincial Offices



Information Technology

Logistics and Accommodation






BUDGET 1999/2000 - SUMMARY

Programme Information

Investigation of Complaints

Monitoring and Development


The Independent Complaints Directorate (ICD) is now beginning to reap the fruits of its efforts over the past two years. Among its recent successes is a conviction on a charge of murder in the High Court in Durban, arising from the shooting in custody of a detainee by a member of the SAPS.

Out of the 319 completed cases referred to the Directors of Public Prosecution (DPPS) by the end of December 1998, decisions to prosecute have been made in 70 cases so far. In another 83, the DPPS have ordered the holding of inquests, following the recommendations of the ICD. In the much publicized case of the shooting of the notorious Josiah Rabotapi, an open inquest at which evidence will be led is to be held, again, as a result of the ICD’s recommendation. A number of other cases await the decision of the DPPS. A number of trials, including that of the 9 Guguletu police officers charged for the assault of the journalist Thabo Mabaso are still proceeding.

Of the matters referred to the SAPS prosecutors, 38 cases have already been heard, resulting in 11 convictions for misconduct.

The ICD has now established offices in seven of the nine provinces, giving aggrieved members of the public better access to redress for the infringement of their rights.

The ICD has started visiting police cells to ensure that proper procedures are being enforced. Already one SAPS Provincial Commissioner has thanked the ICD for bringing problems to his attention.


Of particular concern to the ICD is the continuing high rate of police-related deaths in custody and as a result of police action. As at the end of 1999, the ICD had received 1 292 notifications of such deaths.

As the ICD is obliged to investigate such deaths, its resources have been hard pressed to deal with all these cases. Compounded by the problems of distance, it has been forced to rely upon the SAPS investigation of a number of these cases, under its supervision. This is contrary to the intention of the ICD’s founding legislation, the SAPS Act of 1995.

The ICD is only able to deal with the most serious of the other types of complaints referred to it, and must refer the balance to the SAPS for investigation.

As it becomes better known, so the number of complaints received by the ICD increases.

In addition to its existing workload, various responsibilities have been assigned to it by the Domestic Violence Act of 1998.

Furthermore, it is proposed in the draft regulations relating to the establishment of the Municipal Police Services that the ICD also investigate complaints against Municipal police officers.

In terms of the ICD’s founding legislation, the South African Police Service Act of 1995, it must be structured at both national and provincial levels.

The ICD was well advanced in its plans to open offices in each province when it was informed by Public Works Department that it would have to bear the expenditure in respect of its accommodation rentals itself. As a result of this, it was necessary to shelve its plans for offices in Mpumalanga and Free State. Both of these provinces are dealt with by the ICD offices in adjacent provinces. The distances involved make investigations both difficult and costly. The non-opening of the offices contributed to the delay in appointing staff.

The ICD, having conducted comparative research, is of the view that it can and must increase its effectiveness by addressing not only complaints but also their causes. It intends to bring out recommendations to this effect, after careful research and analysis.


The ICD’s budget for 1999 – 2000 permits it to employ 149 staff members, as opposed to the 535 members recommended by the DPSA work study. The ICD has 80 line functionaries, as opposed to the 339 suggested by the work study. (See Table I)






Managerial (Director and higher)



Monitoring: Deputy Directors



Assistant Directors



Admin Clerks



Investigative: Deputy Directors



Assistant Directors



Principal Investigators



Senior Investigators






Admin Clerks



(74 %) 399


80 (53 %)




Table 1

At present the ICD is not able to meet its statutory and constitutional obligations. As its workload increases, there is a very real possibility that it will become swamped, thereby neutralizing its positive impact.

I conclude this introduction by quoting an extract from the Truth and Reconciliation Committee’s report, which, in addressing strategies for ensuring that the abuses of the past do not re-occur, recommended that:

" The ICD be given the capacity, resources and authority to conduct proactive investigations and evaluations of overall policing policies and practice, as well as to respond to complaints."







The Complaints Registry is responsible for the co-ordination of the receipt, processing and allocation of complaints for further action and the compilation of statistics.

Overview Of Complaints Handled

The number of complaints already received and dealt with by the ICD during the current financial year is considerably higher than was the case for the same period during the 1997/1998 fiscal year. As at 31 January, 1999 the ICD had, in total, received about 2 197 new complaints. The figure for the relevant period of 1997/1998 financial year was 1556. This represents a 39% increase in the number of complaints. If the present trend continues, it is anticipated that by end of the present financial year the number of complaints will probably be twice as high as those of the previous financial year. This will obviously put a strain on ICD personnel and other resources and may eventually necessitate a review of our investigative priorities.

Some of the complaints are class action complaints that, in some instances involve more than 30 individual complainants even though, for statistical purposes, they are recorded as one matter. In such cases, obtaining the relevant information from the people involved and subsequently investigating or mediating such matters could be a time-consuming exercise that could put a further strain on the investigative personnel.

The ICD is also increasingly being called upon to deal with matters falling outside the ambit of its mandate. It will be seen from Anexure "C" that these matters constitute 7% of the complaints received. While these matters are invariably referred by the ICD to other institutions, sight should not be lost of the fact that a great deal of time is spent in listening to the complainants’ stories and directing them to bodies best-suited to deal with their complaints. In those Provinces where the institutions supporting democracy are not present many such cases are received.

The percentage distribution of complaints per category is reflected in Annexure "C". While the ICD has not been able to bring on board the requisite number of investigative personnel, it will be seen from that it has, nonetheless, investigated a sizeable number of the complaints, particularly cases of police-related deaths, i.e. matters falling in the Class I category.

Furthermore it will be noted that since the ICD opened its doors to the public it has been able to finalize about 1688 cases. The fact that the ICD, operating as it did under difficult circumstances, has been able to finalize such a high number of cases, is itself a remarkable achievement.

Out of the 319 cases referred to the various Directors of Public Prosecution 30 were successfully prosecuted, resulting in convictions ranging from murder to common assault.

In 20 cases the accused members were acquitted. However, it should also be borne in mind that a vigorous prosecution of an accused SAPS member, even where it does not result in a conviction, is itself salutary and will serve as a deterrent to other members.

The ICD has also successfully resolved 108 cases through mediation even though few members of the staff have had a formal training in mediation.

A database has been developed to allow an Investigator at the scene of the crime to link up per cellular phone to the system in order to register all information on the case. This will allow the investigator further to immediately provide the member of the public with a case reference number. On the other side of the communication line, staff members may in the meantime continue to determine the classification of the specific case whilst documenting the registration of the case. Once all the offices are linked to the database, it will be possible to generate statistics in various formats.



The Directorate: Investigations, is as its name suggests, responsible for ensuring that all complaints received by the ICD and referred to it for investigation, are indeed investigated efficiently and effectively in terms of its statutory mandate. The Directorate is also responsible for the development of policies pertaining to investigations and the identification of investigator's needs in respect of training and equipment.

The statutory mandate of the ICD is set out in Chapter 10, Section 53(2) of Act 68 of 1995 (the SAPS Act), which provides, inter alia, that:

"The Directorate shall ... investigate any death in police custody or as a result of police action".

In all other cases, the Directorate has a discretion as to whether or not the complaint shall be actively investigated.

Currently, by far the majority of cases being actively investigated by the ICD are the cases referred to in above i.e. deaths in custody or as a result of police action.

Since its inception, the ICD has received 1 292 notification of such deaths and has actively investigated 928 of these notifications.

At present, the ICD has a total of 37 field investigators and 28 supervisory investigators. The larger and more well-established Provincial Offices have up to 7 investigators, whilst the smaller, more recently established Provincial and Regional Offices have only as few as 3 investigators to cover the entire area of their jurisdiction.

The logistical problems facing ICD investigators when attending at the scenes of deaths in custody or as a result of police action and conducting a meaningful, effective and efficient investigation become immediately apparent when talking into account the large areas they have to cover. Although this problem is by no means confined to a specific Province, the Northern Cape is a case in point where the furthest point from the recently established office in Kimberley, where the investigators are based, is 1 500 kms away.

Factors Hampering Effective Investigation

The most immediate and pressing obstacle facing the ICD is the shortage of investigators referred to above.

This is compounded by the vast areas that they have to cover in the course of their investigations. This problem does not, however, cease to exist once an investigation has been finalised. If the particular case proceeds to court, the investigator will, of necessity have to travel great distances to attend at the court hearings that are often postponed.

The net effect of this is that the ICD has had no option but to rely on SAPS members at the scene to conduct a preliminary investigation on their behalf until an ICD investigator can arrive, which could take many hours as is evidenced by the example referred to above. Often, the scene cannot be preserved until an ICD investigator arrives. This not only compromises the independence, effectiveness and efficiency of the ICD, but is also contrary to the intention of the mandatory provision in the founding legislation referred to above.

A further problem is the extent to which the ICD still heavily relies on the SAPS in the fields of Forensic and Ballistic Investigation and the Department of Health in the field of post-mortem examinations. At present, the various Forensic Science Laboratories (FSL) of the SAPS throughout the country are the only recognised facilities where Ballistic and other Forensic examinations may be conducted for court purposes.

The Government Medico-Legal Laboratories (State Mortuaries), which fall under the Department of Health, but which are staffed by members of the SAPS, are also the only facilities where post-mortems are conducted by Sate pathologists.

The reliance in these two areas again not only compromises the independence of the ICD, but also delays the finalisation of many of its cases due to the backlog that currently exists at both facilities.

At our Western Cape Provincial Office in Cape Town, ICD investigators are experiencing delays in the furnishing of Ballistic Reports from the FSL of up to 8 months. In the case of post-mortem reports, delays of up to 6 months are not uncommon. This hampers the efficiency of the ICD as the file cannot be closed until such reports have been furnished

Further, the problem of staff shortages has also been compounded by the fact that the personnel allocation of the ICD budget has now been fixed for the following three years in terms of the MTEF. The ICD is now in the position of not being able to employ any further permanent investigators as it’s full personnel allocation has now been utilised by the current post establishment. Consequently, the ICD has had to prioritise the cases that it will investigate, and its investigative component can only deal with the most serious of cases. The balance is referred to the SAPS for investigation under the close supervision of the ICD.

Highlights and AchievementsDespite the problems facing the ICD referred to above, the ICD has managed to achieve some remarkable successes in the field of investigations.

Most recently, the ICD managed to secure the conviction of a SAPS member on a charge of murder in the Kwa-Zulu Natal (KZN) High Court arising out of the shooting of a person in custody. Also, in the Regional Courts of Chatsworth, Mountain Rise and Stanger in KZN, a total of 9 SAPS members are currently being prosecuted on charges of Murder and Culpable Homicide. All of the abovementioned prosecutions arose as a result of cases that were actively investigated by the ICD.


In Booysens, Gauteng, a member was recently convicted on a charge of culpable homicide. The investigation in this matter was supervised by the ICD.

Moving to cases that enjoyed a high media profile, the ICD has also enjoyed some success as far as its recommendations were concerned. In the case of the notorious Josiah "Fingers" Rabotapi, the ICD's recommendation to the DPP that a formal inquest be held was adopted. In the case of Mr Mabaso, who lost the sight of an eye as a result of an alleged assault by members of the SAPS, Guguletu, Western Cape, 9 members are currently being prosecuted.

The ICD has also achieved similar successes in the area of internal disciplinary hearings, and a number of SAPS members have been charged and convicted on various counts of misconduct, arising out of recommendations made by the ICD.

The most notable of these was the recent case of "Baby Angelinah" Zwane, where disciplinary proceedings have been instituted against the members involved for failing to arrest the suspect following on the recommendations of the ICD. Various other recommendations relating to the training received by members and the correct procedures to be followed by them were also made in this case and were well received by SAPS management. It is anticipated that this case will be finalised during March 1999.

In another case in Mpumalanga, 2 members pleaded guilty at a Disciplinary hearing on various charges of misconduct in terms of the SAPS Disciplinary Regulations after an ICD investigation into the death of a suspect who committed suicide in custody revealed that they had neglected their duties by failing to regularly conduct cell inspections. The ICD recommended that they be charged departmentally.

In the Northern Province, again in a case of death in police custody, following on recommendations made by the ICD, 5 members were charged and convicted in terms of the Disciplinary regulations for failing to furnish the necessary medical treatment to a person detained with injuries.

Despite the staff and logistical shortages facing the ICD, the ICD has managed to institute a system of standby, where there are always at least two ICD investigators on permanent 24 hour standby to attend to scenes of crime and to respond to notifications of deaths in custody or as a result of police action. It needs to be mentioned that the ICD’s effectiveness in the latter area is obviously dependent on it being notified of such incidents by the relevant SAPS authorities.

Lastly, it needs to be mentioned that in spite of the abovementioned obstacles, and taking into account the relatively short period of time for which the ICD has been in operation, it has managed to impact significantly both with regard to the public in general as well as the community of stakeholders which it serves. This is evidenced by the increase in the number of complaints that it has received in the last year. Certainly it can be said that the ICD is now well established in the policing fraternity judging from the complaints that it is now directly receiving from that source.

There have been cases which would have gone unnoticed and uninvestigated had it not been for the presence of the ICD, such as the case in Pretoria involving a SAPS member who shot his neighbour 18 times in cold blood. When the docket was taken over for full investigation by the ICD, it was discovered that virtually no investigation into the matter had been conducted by the SAPS investigating Officer. This case is now with the DPP for his decision.

Policy Formulation and Development

The ICD, and in particular, the Directorate Investigations, has taken great strides in the area of Policy formulation and development.

In the area of operations, the Directorate has supervised and co-ordinated the development of a number of operational policies and procedures, the most important of which are:

ICD Handgun Policy;

Arrest procedures;

Search and Seizure Procedures;

Investigative standards and procedures;

Evidence, processing and storage;

Procedure to be followed when receiving notifications of deaths in custody or as a result of police action;

Investigative Priorities;

The receiving, lodging and processing of complaints.

A further number of policies and procedures are presently being formulated in the area of operations. The ICD sees this as an ongoing process.

It is perhaps important to mention that the ICD has utilised the services of a number of outside experts and consultants to assist with this process due to a shortage of personnel to attend to this on a full-time basis.

Training and Development

As part of its policy of ongoing staff development, the ICD has succeeded in co-ordinating a number of training programmes aimed at bringing ICD investigators up to date with the most modern and latest techniques in investigation.

In this regard it should be mentioned that ICD investigators, both field and supervisory, have received practical investigative training in the investigation of homicide as well as training in core management issues and functions. Much of this training has been provided by the International Criminal Investigation Training Assistance programme, which is sponsored by the United States Department of Justice. This programme afforded ICD investigators the opportunity of being exposed to the knowledge and insight of highly experienced investigators from the United States.

In addition, ICD investigators have also received comprehensive legal training as well as in the field of Medical Forensics.

Experts in the latter field have also assisted the ICD in specific cases, by advising investigators, assisting them where they have encountered problematic and difficult cases and conducting a number of independent post-mortems where the family of the deceased has requested this. All consultants and advisors have entered into confidentiality agreements with the ICD due to the sensitive nature of the information they are dealing with.

The services of an independent forensic ballistic expert have also been utilised during the course of investigations.

Future plans for training and development include the training of investigators in self-defence techniques and Advanced First Aid.

Strategic Plans – The way Forward

The Directorate: Investigations is currently considering a number of plans and strategic initiatives in order to advance the vision, mission and objectives of the ICD.

One of the most important of these plans is to develop the capacity of the ICD to conduct it’s own forensic investigations and examinations. The ICD is currently evaluating the feasibility of a proposal to establish its own Forensic Laboratory independent of that of the SAPS. Should this become a reality, it will greatly enhance the independence and efficiency of the ICD to conduct its own investigations. However, the initial indications are that this will be a long-term project as the cost of establishing and maintaining such a facility run into several million rand. As already indicated, the budget of the ICD does not allow for the implementation of such a proposal in the immediate future.

In this regard, a potential short-term solution will involve a two phase approach, namely the training of existing ICD staff in the field of Forensics, and, where possible, obtaining increased co-operation from the FSL in prioritising cases being investigated by the ICD and the expediting of reports requested by the ICD.

With regard to the problems caused by the delay in the furnishing of post-mortem reports, this Directorate is also studying a proposal to employ its own qualified Medico-Legal assistants whose responsibilities shall include attending at all scenes of deaths in custody or as a result of police action, receiving the body at the scene, transporting the body to the Mortuary, and collecting and preserving all specimens, evidence and exhibits found either at the scene or on the person of the deceased. Once again however, this is a long-term project as there are insufficient funds available for posts on the ICD establishment. Similar to the proposal above, a short-term solution may be found by exploring avenues of better and increased co-operation between the Department of Health and the ICD.

Mechanisms are also currently being looked at to increase the productivity and output of the ICD investigative component. Resolution of the two problem areas mentioned above will go a long way towards achieving this goal. The computerisation of the ICD’s database will also assist in this process. Ultimately, however, the appointment of further investigators and the establishment of additional offices are the most practical solutions to this problem. The budget at present, however, does not permit this. Once again, appropriate training will also play a major role in achieving this objective.

Another major focus area for the immediate future is that of corruption. The number of instances of alleged corruption committed by members of the SAPS and reported to the ICD is continually increasing. At present, the ICD does not have the capacity to properly and thoroughly investigate such matters, although a number of cases have been successfully investigated. The investigation of corruption and related matters is a specialised field, requiring particular expertise as well as sophisticated technology and investigative equipment. Substantial budgets are also a feature of such specialised units. Once again, budgetary constraints have hampered the establishment of this capacity within the ICD to deal with this crucial issue. At this stage it is envisaged that the investigation of the incidence of corruption will occur on the basis of specific projects identified by the Regional Directors of the respective Provincial Offices. Resources, expertise, manpower and equipment will then be pooled to tackle these projects.

In an effort to minimise the reliance of the ICD on the SAPS and other bodies, Provincial and regional Offices of the ICD are developing the capacity to hold Identity Parades at locations other than Police Stations. Already, our office in Cape Town has the capacity to hold an Identity Parade at its premises, and similar initiatives are being implemented at the Head Office and other offices, where the accommodation is suitable for this purpose. It is envisaged that eventually all Identity Parades arranged by ICD investigators will be conducted at their respective Provincial Offices.


It is the function of this component to process complaints, to monitor those matters referred to the SAPS for investigation and to monitor the post-investigative progress of cases through the justice system.

The component will also focus on determining problematic trends and system dysfunction within the SAPS, conduct research and make recommendations aimed at remedial interventions.

Already, in conjunction with these research institutes, a report entitled "Towards a Strategy for prevention" has been released, it highlights the high rate of police-related deaths possible causes and suggests some appropriate solutions.

Its personnel are contributing to improving the quality of SAPS investigations by giving guidelines and establishing best practices.

The National Director of Public Prosecutions and his Provincial representatives have been approached to discuss strategies for mutual co-operation and the improvement of the success rate of prosecutions of police members.



Provincial Offices

With the limited funding that the ICD received during the current financial year, it was possible to extend its service delivery to the following Provinces: Northwest, Northern Cape and Eastern Cape, thus bringing to seven the number of provinces in which the ICD has a physical presence.

With the assistance of the office of the National Commissioner of the South African Police Services (SAPS) it was possible to serve the public of the Free State from a small office situated in Bloemfontein. Two members of the SAPS were seconded to assist the ICD in this region as Investigators.


The Establishment

Although a personnel structure of 535 posts was approved for the ICD by the Department of Public Service and Administration (DPSA), the budget only permitted the appointment of 149 permanent staff members, of which over 60 members undertake the investigation and/or monitoring of complaints received (see Table 1). The majority of ICD personnel was recruited and their appointments made during the 1998/99 financial year.

During the first year of its establishment, the emphasis was on getting trained and experienced investigators. However, this year all Investigators were appointed from the private sector to affirm our independence from the SAPS.


Considerable attention was given to the training of all personnel, but in particular the line function personnel, namely investigators and monitors. These functionaries received more than ten training sessions/workshops conducted by trainers from within the country and abroad.

Various training courses, ranging from an induction programme to the more specialized investigative, forensic, mediation, managerial and sensitivity courses, were offered to most of the staff. Members also attended training at SAMDI and Wits University.

Information Technology

After a thorough investigation, IT personnel co-ordinated the development of a database by outside consultants. Local area networks have been installed in Provincial offices, which will ultimately be linked by a wide area network.

Logistics and Accommodation

As was reported in the previous year, this Department had to transfer funds to the Department of Public Works for the lease rentals of Head Office and Provincial Offices. To date, an amount of R3 560 000.00 was transferred for these purposes. These funds had to be suspended from the Standard Items: Equipment and Professional Services.

No provision was made for this expenditure in the budget estimates. In view of this development, it was necessary to relinquish the lease options negotiated on accommodation in the Free state and Mpumalanga Provinces. Delays by Public Works in acquiring or renovating accommodation in other Provinces delayed the appointment of personnel.

In North West Province permanent accommodation has not yet been obtained. ICD personnel are presently working out of two loaned offices, 15 km apart.

A very positive step was the leasing by ICD of accommodation to house its headquarters in Pretoria. The self-standing building now occupied by ICD has adequate security arrangements. Now that it has a fixed address, the ICD has been able to print promotional material such as posters and brochures for the Department.

Administrative and Investigative equipment was purchased, in order to perform the duties assigned to it, such as evidence collection bags, torches, metal detectors, audio visual equipment, crime scene tape, fingerprint kits, crime scene jackets, etc.




The Department has been allocated a budget of R 27 760 000 for the 1998/99 financial year. However, an amount of R 3 560 000 was transferred (suspended) to the Department of Public Works for the lease rentals of the various buildings occupied by the ICD. A further R 227 000 was transferred to the Department of Public Works in respect of accommodation for the Regional Office, Pietersburg.

An amount of R 1 000 was received for roll-over funds from the 1997/98 financial year. In total, an amount of R 341 000 was allocated to this Department regarding the Improvement of Conditions of Service. The total budget allocated to this Department is R 24 542 000 for the 1998/99 financial year.

Of the 149 posts, which the ICD will be able to finance, currently 123 posts are filled and 26 are still vacant. These should be filled by 31 March, 1999. An amount of approximately R 3 000 000.00 will be saved on the Department’s budget – Standard Item Personnel Expenditure due to the fact that the filling of vacant posts took longer than anticipated. Lack of accommodation played a major role, as did the suggestion by the Budget Committee of the Department of State Expenditure that the filling of posts be delayed. Once those 149 positions are filled the savings will not be repeated in the new financial year as the entire personnel budget will be utilised.

A comparison of expenditure against the budget per standard item (including suspensions, roll-overs and improvement of conditions of service), is listed below:




Personnel expenditure

15 655

12 534

Administrative expenditure

5 528

5 528

Stores and Livestock




1 389

1 389

Professional & Special Services



Miscellaneous expenditure





24 542

21 421

A chart indicating the Expenditure against the Budget per Programme is attached as Annexure "K".


The Department has been allocated budgets for the 1999/2000, 2000/2001 and 2001/2002 financial years in terms of the Medium Term Expenditure Framework as follows:

1999/2000 R 23 983 000

2000/2001 R 25 242 000

2001/2002 R 26 045 000

* Includes estimated Improvement of Conditions of Service.

The above scenario reveals the fact that the budget is projected to increase by only 4% in the 2000/2001 financial year and 3% in the 2001/2002 financial year. As can be seen from the budget allocation, still no provision was made to extend the phasing in of the total establishment of the ICD beyond the 149 posts. Clearly, it will be impossible to phase in the total planed establishment of 531 posts.

BUDGET 1999/2000 - SUMMARY

The budget forms the foundation in which the aims and objectives of this Department can be realised.

Programmes: Main divisions



1. Administration

8 979

9 760

2. Investigation of complaints

11 179

14 892

3. Monitoring and development

3 452

3 108


Amount to be voted

23 610

27 760




(4 150)

The Department is a service-rendering Department of which personnel expenditure represents about 66.3% of the budget. This Department effects no transfer payments.

Programme information

7.1.1 Programme 1


Aim: To conduct the overall management of the Independent Complaints Directorate

Programme description:

Management: Policy formulation by the Minister, Deputy-Minister, Executive Director and other members of the Department’s management

Corporate Services: Organising the Directorate, rendering centralised administrative, legal and office support services, managing departmental personnel and financial administration, determining working methods and procedures and exercising control, Communication and Information Technology.

Budget highlights

Programme structure



1. Management

1 627

1 583

2. Corporate Services

7 352

8 177


8 979

9 760






The decrease can be mainly attributed to the Standard Item: Equipment, of which a greater part was already purchased during the 1998/99 financial year.

7.2 Programme 2: Investigation of complaints

Aim: To investigate and/or monitor investigations of specified categories of complaints lodged against members of SAPS

Programme Description:

Investigation of complaints: Investigate any death in police custody or as a result of police action (sec. 53(2) of Act 68 of 1995).

Investigate any matter referred to the Department by the Minister or Member of the Executive Council.

Investigate any misconduct or offence allegedly committed by any member of the SAPS.

Duties Assigned by the Domestic Violence Act of 1998.

Anticipated: investigate complaints relating to the proposed Municipal Police Services.

Budget highlights:

Programme structure



1. Management

1 627

1 583

2. Corporate Services

7 352

8 177


8 979

9 760




(3 713)


The decrease can mainly be attributed to personnel expenditure and equipment.

7.3 Programme 3: Monitoring and Development

Aim: To receive and registler complaints from the community, Minister or any Member of the Executive Council and after investigation, make recommendations to the Attorney-General

Programme Description: Receive and register complaints from the community, Minister or any member of the Executive Council of misconduct or offences committed by a member of SAPS.

Monitor any matter referred by the Directorate to the SAPS.

Monitor the consistency of recommendations to the Director for Public Prosecutions and Police Prosecutor.

Make recommendations aimed at addressing deficiencies in SAPS systems or procedures which give rise to the commission of misconduct or lead to public complaints.

Informally resolve less serious complaints by way of mediation.

Budget highlights

Programme structure



Monitoring and Development

3 452

3 108


3 452

3 108





Although there was a decrease in equipment, an increase was experienced in personnel expenditure and stores and livestock.


The ICD is off to a good start. It would be a pity for it now to go backwards. It is essential that the ICD be allowed to fulfil its establishment plans, particularly in respect of the Provinces without ICD offices. The present arrangement in those offices is unworkable and compromises our effectiveness. For it to have a greater impact on transformation, it needs more resources to allow it to implement development programmes.

Independent Complaints Directorate – continued

Onafhanklike Klagtesdirektoraat – vervolg

Details of Medium Term Expenditure Framework Besonderhede van Medium Termyn Uitgaweraamwerk



Adjustments Of conditions Adjusted 1999/2000 a 2000/2001 a 2001/2002 a

Voted/ Estimate/ Of service/ Appropriation/



R'000 R'000 R'000 R'000 R'000 R'000 R'000

1 Administration 9 760 126 9 886 9 102 9 592 9 897 1 Administrasie

2 Investigation of complaints 14 892 1 174 15 067 11 377 11 949 12 329 2 Ondersoek van klagtes

3 Monitoring and development 3 108 41 3 149 3 504 3 701 3 819 3 Monitering en ontwikkeling

27 760 1 341 28 102 23 983 25 242 26 045

Increase/(Decrease) (4 119) 1 259 803 Toename / (Afname)

Classification of expenditure Klassifikasie van uitgawes

Current Lopend

Personnel expenditure 15 314 341 15 665 16 142 16 977 17 416 Personeeluitgawes

Other current expenditure 8 909 1 8 910 6 997 7 365 7 779 Ander lopende uitgawes

Capital 3 537 3 538 844 900 850 Kapitaal

27 760 1 341 28 102 23 983 25 242 26 045

a Includes estimated improvement of conditions of service. a Beraamde verbertering van diensvoorwaardes ingesluit


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