DEPARTMENT: INDEPENDENT COMPLAINTS DIRECTORATE
Briefing to the Portfolio Committee on Safety and Security
14 November 2001

TABLE OF CONTENTS


NO.


CONTENTS


PAGE NO.


1.


Invitation to brief the Portfolio Committee on Safety and Security on 14 November 2001



2.


Scope of Work

 


2.1


Programme 1


4


2.2


Programme 2


7


2.3


Programme 3


11


2.4


Priorities for 2002/03


18


3


Budget of the ICD



3.1


Expenditure 2000/01


20


3.2


Budget Allocation for 2001/02


21


3.3


Expenditure Trends as at 30 September 2001


22


3.4


Budget Options for 2002/03


23


1. Programme 1: Administration

1.1 Purpose

This programme provides for the overall management of the ICD, including the policy formulation responsibilities of the Executive Director and other senior management members. Other functions include the proper organization of the ICD; the provisioning of a centralised administrative, legal and office support service; communication services; human resources and financial management and administration; as well as the formulation of working methods and procedures and lastly, the exercising of overall managerial control.

1.2 Personnel structure

The personnel structure of the ICD has been approved and filled during this year as follows:

Funded posts: 147
Filled posts: 140
Vacant posts: 7

The above-mentioned vacant positions have been advertised and are in the process of being filled.

In order to satisfy all legislative requirements (such as the PFMA, Public Service Act, SAPS Act, Domestic Violence Act (DVA) and Public Service Regulations) and to address the shortcomings experienced in the support rendered to the line functionaries additional funding had to be made available to establish an Internal Audit Component. Though only one staff member is to be appointed, contract appointments may follow to support the staff member to evaluate risk areas and compile an Audit Plan/Charter.

To allow you to understand the personnel structure of the ICD herewith a diagram indicating the various provincial offices:


We have a presence in all nine provinces, and four of our provincial offices are adequately staffed while the other five are not so adequately staffed. The following diagram shows a typical bigger provincial office, which we regard as adequately staffed. Fifty percent of the staff (including of Head of Province and Secretaries) represents Investigators and 37% represents the Monitoring and Development component.

Structure of THE Western Cape OFFICE

In a smaller office such as indicated in the next diagram, 40% of the personnel represent Investigators and 40% represent the Monitoring and Development component. Although 40% of the personnel represent Investigators, the one Investigator must from time to time obtain assistance from the head of the province in terms of investigations. This has an adverse effect on the running of the office. This one investigator is also permanently on standby and must perform overtime throughout the year.

In the Administration component (Support function) we also have 1 person and, although we have multi-skilled our staff to handle Financial duties, Auxiliary Services, Provisioning Administration and IT, the provisioning requirements and the principle of the division of power/authority has been compromised, since the same person does the ordering of stock, he/she receives it, makes the payments and has to issue it.

Structure of THE Mpumalanga OFFICE

1.3 Training and Development

In order to comply with priorities of the Cluster, our staff members have attended a number of courses for the Improvement of Service Delivery as well as the general development of skills.

The following provides a list of some of the courses that have been presented to our staff during this financial year:

Service Delivery (Batho-Pele)
Basic Investigation
Ethics of Corruption
Interviewing and Interrogation
Collection and Preservation of Evidence
Under-cover and Surveillance
Practical Legal Training
Fraud Risk Management
Management & Development Programme
PFMA
Computer (Windows 98, Excel, Lotus Notes)

1.4 Disciplinary matters

The following matters in respect of unacceptable behaviour on the part of ICD staff members have yet to be finalized.

Nature of the misconduct/charges

Office

Progress and sanctions

Misrepresentation of qualifications and failure to carry out lawful instructions.

Western Cape

The appeal after the hearing was turned down by the Minister for Safety and Security and the officer dismissed.

Negligence in that the employee caused loss of state property.

Eastern Cape

After the hearing the employee received a written warning. State Attorney to determine liability in terms of State loss.

Employee used an official vehicle for non-authorized trips.

Eastern Cape

Final warning issued.

An employee breached the ICD confidentiality agreement. Contravened the Transport Policy and conveyed a non-ICD employee in an ICD vehicle.

Western Cape

Two final warnings issued.

Misrepresentation of qualifications.

KwaZulu Natal

Matter pending

Allegations of misuse of State vehicle.

Eastern Cape

Provincial Head is currently on precautionary suspension. The case is pending.

Insubordination.

Gauteng

Employee was on sick leave for a period of about five months. He assumed duties on 1 November 2001 and the disciplinary action is continuing.

Sexual harassment.

National Office

An employee who lodged this matter with the Department was hospitalised three times this year. As a result the matter could not be finalized. The hearing has been set for November 2001.


2. Programme 2: Investigation of Complaints

2.1 Purpose

This programme concentrates on the investigation and monitoring of specified categories of complaints lodged against members of the SAPS. The programme is involved with the investigation of any death in police custody and as a result of police action, in terms of Section 53 (2) of the South African Police Service Act, Act 68 of 1995. Any misconduct or offence allegedly committed by any member of SAPS may also be investigated.

In terms of Section 64(o) of the SAPS Act, read with Regulation 9 and Annexure 5 of the Regulations for Municipal Police Services, the ICD has been given the same civilian oversight duties in respect of Municipal Police Services that had been given to it in respect of the SAPS.

2.2 Investigative Complement

There are currently 35 staff members performing the duties of investigators nationally and all of them are located at provincial offices. Initially, more investigative staff was appointed to the provinces of Gauteng, KwaZulu Natal and Western Cape. Due to the budgetary constraints, the same number of investigative staff could not be appointed to the other six provinces. With due regard to the number of complaints received from these provinces, appointment of investigative staff members varied between two to four members per office. Unfortunately the provinces with smaller populations are geographically vaster, in size. The cost of travelling in provinces such as the Northern Cape is enormous.

2.3 Cases currently under investigation by the ICD

To provide some information of the nature and type of cases that are currently being investigated by the ICD, herewith a few brief summaries:

2.3.1 North West Province

SAPS Rustenburg

It is alleged that the police were summoned to the Rustenburg Railway Station to evict a homeless person who was sleeping at the station illegally. Two members, Inspectors Esterhuizen and Phege from the Uniform Branch attended the scene. The deceased allegedly resisted the eviction and became violent. He allegedly assaulted Inspector Esterhuizen with a water pipe. Several verbal warnings were not heeded and the attack allegedly continued whereupon Inspector Esterhuizen fired three shots at the deceased. He was taken to hospital where he later died of his injuries. The incident occurred in May 2001.

SAPS Temba

It is alleged that on the evening of 21 October 2001, a police member who was off duty at the time, went to a "stokvel" at Polana tavern. He was accompanied by his cousin. It is alleged that the member’s cousin became provocative towards patrons. At one point the cousin fell on the floor and the member attempted to assist him. The latter was allegedly hit on the forehead with a bottle. It is alleged that the member pursued his attacker and shot him in the chest with his service firearm. The deceased was rushed to hospital where he was certified dead on arrival.

2.3.2 Eastern Cape Province

SAPS Port Alfred

The complainant was sleeping on the pavement when a member, attached to the Dog Unit, set dogs on him. He suffered severe injuries on both his arms as he used his hands in an attempt to ward off the attack. The ICD took over the investigation, which is now nearing completion.

SAPS Umzimkhulu

It is alleged that members attached to the Umtata Murder and Robbery Unit took a suspect to an old military base where they tortured him. Acid was allegedly poured over his genitals. The incident took place during May 2001 and the victim has still not recovered from the attack. The ICD was only informed of the incident on 11 June 2001 and took over the investigation. The matter is almost complete.

2.3.3 Northern Cape Province

SAPS Galeshewe

It is alleged that the suspect, a police reservist, accompanied by four other police reservists came across a group of youths aged between 12 and 18, who were gambling. An exchange of words between the youths and the police ended in the fatal shooting of the deceased. The deceased was allegedly about ten metres from the suspect reservist when he was shot. The member was arrested and charged with murder. He was released on bail of R 1 000. The investigation has been completed and the DPP concurred with the ICD that the reservist be charged with murder. The case has been remanded to January 2002 for trial.

2.3.4 Mpumalanga Province

SAPS Dennilton

It is alleged that an off-duty policeman stationed at Dennilton Police Station, visited an initiation school at Weltevrede. The member was armed with his service firearm. He was invited to take part in a stick fight, which he did. At some point during the game, he decided to use a shield to fight his opponent whereupon the latter protested. The member then produced his service firearm and people ran away. The deceased, who is alleged to be the suspect member’s neighbour, approached him with a view to calming him down. The suspect member then threatened the deceased with violence and shot the deceased who died instantly. The member was arrested but released by the Court pending finalisation of the investigation. The ICD took over the investigation and has since finalized same. The DPP’s decision is awaited.

SAPS Elukwatini

It is alleged that members were called out to attend a complaint. The complainant described his attackers to the members. The latter went to the home of one of the mentioned attackers and explained to the latter’s mother why they were looking for him. While still there, it is alleged that a certain male came running to the house and enquired about the presence of the members. The members alleged that this person was under the influence of liquor. It is alleged that this person hit Inspector Madonsela and the latter produced his firearm and hit him on the forehead with the butt of the firearm. The members left and when they approached the main road, they saw a group of people. They allegedly stopped and spoke to these persons. Inspector Shabangu was talking to two persons, while Inspector Madonsela spoke to the other three persons. A shot went off followed by a second and a third. The victim was hit in the chest and died instantly. It is alleged that Inspector Madonsela smelt of alcohol although he did not appear drunk. He was arrested and then released on bail of R 1 000. The investigation is continuing.

SAPS Machadodorp

Sergeant Ndimande visited his in-laws where he first had an argument with his wife’s friend. After a while he got into an argument with his wife. His wife accosted him whereupon the member drew his service firearm. The wife took a few steps back and the member fired one shot hitting her between the eyes. She died instantly. It is alleged that there was a history of domestic violence in the marriage. He walked out of the house to the police station. He met another member and handed over his firearm and acknowledged his actions. He was arrested and is now out on bail. The investigation is almost complete. The member was not suspended but rather transferred to another station.

2.3.5 Free State Province

SAPS Allanridge

It is alleged that Sergeant Monale was visiting a shebeen when he was involved in an altercation of words with the deceased. The member then left hurriedly and returned after a while. It is further alleged that as he entered the yard of the shebeen, he produced a firearm, cocked it and fired a shot to the ground in the direction of the deceased (who was then seated on the ground). The member allegedly fired the second shot which hit the deceased in the chest, fatally wounding him. The member was at that stage out on bail of R 500,00 on a charge of rape. The ICD successfully opposed bail and the member remained in custody. Our investigation continues.

SAPS Kroonstad

It is alleged that members of the Kroonstad Dog Unit approached the complainant and started assaulting him for no apparent reason. He attempted to flee the scene, but the members released the dogs, which then attacked him. The members opened a case of drunkenness against the complainant. The investigation continues.

2.3.6 Western Cape Province

SAPS Kuilsriver

The complainant is a police reservist who complained of indecent assault by a colleague. The criminal charge was laid with the SAPS and the ICD took over the investigation of the case after it was reported in the media. The investigation is now complete and the docket will be sent to the DPP for a decision.

2.3.7 Gauteng Province

SAPS Hillbrow

The ICD took over an investigation into allegations that a schoolteacher, Ms Sylvia Manda was arrested and assaulted by policemen for being too black to be a S.A citizen. The investigation has been completed and the DPP concurred with the ICD and will prosecute members for assault GBH. The case has been set down for trial on 16 January 2002.

SAPS De Deur

It is alleged that on 28 August 2001, six plainclothes policemen visited the victim, Johannes Rikhotso at his hair salon and demanded a passport. They then accused him of being an illegal immigrant. The victim disputed the policemen’s version by insisting that his passport was legal. The members then kicked and hit the victim. Due to the assault, Rikhotso suffered a broken shoulder and was arrested and detained at SAPS De Deur. The matter was reported to ICD and is being investigated. On 17 October 2001, all six police officers were arrested by the ICD and charged for assault and they were released on warning but have not been suspended.

2.3.8 Northern Province

SAPS Lebowakgomo

It is alleged that on 1 May 2001, a bakkie with a canopy carrying twenty-one passengers was travelling on the Lebowakgomo road. Along that road, SAPS members had manned a roadblock and they attempted to stop the bakkie. Since the driver of the bakkie had no valid driver’s licence, he avoided the roadblock by passing on the other side of the road and proceeded with his journey. One police officer, Sergeant M.A. Leshilo fired in the direction of the bakkie and one bullet hit Retsibile Nchabeleng, 13 years old, in the chest and he died instantly. Two other boys were hit on their legs.

Sergeant Leshilo was arrested and charged with murder and two counts of attempted murder. His bail was set at R10 000 which he was unable to pay and thus he remains in custody. The case docket is with the DPP for a decision.

2.4 Conclusion

One of the imperatives facing the Criminal Justice System is to conduct quality investigations in order to sustain successful prosecutions and ultimately the conviction of guilty persons. With the limited number of investigators and resources available to the ICD, the Department has been forced to investigate only selected priority matters. Other matters are referred to the SAPS for investigation and the progress and outcome of such investigation is monitored by the ICD’s monitoring component. This flies in the face of the Department’s statutory mandate to investigate complaints brought to its attention. In addition many of these referrals are in respect of serious criminal offences such as attempted murder, assault with intent to do grievous bodily harm, common assault, fraud, extortion and corruption. The ICD simply does not have the resources (both human and otherwise) to investigate all matters brought to its attention. Specifically in relation to corruption-related complaints, the ICD is not able to investigate large-scale or syndicate-style corruption as these investigations require much time, resources and personnel. During our last visit to the Portfolio Committee, the Department was heavily criticized for referring such matters to the police for investigation.

3. Programme 3: Monitoring and Development

3.1 Purpose

This programme receives and registers complaints from the community, the Minister and provincial members of the Executive Council for Safety and Security. After an investigation, recommendations are made to the Director of Public Prosecutions and to the SAPS for criminal prosecution and departmental prosecution, respectively. It further entails research into systemic problems and the making of recommendations to curb errant behaviour on the part of police members. Further, the monitoring of the implementation of the Domestic Violence Act by the SAPS also falls under this programme.

3.2 Domestic Violence Act (DVA)

Section 18 of the Domestic Violence Act, No.116 of 1998 (DVA) stipulates that:

(a) Failure by a member of the South African Police Service to comply with an obligation imposed in terms of this Act or National Instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Services Act, 1995, and the Independent Complaints Directorate, established in terms of that Act, must forthwith be informed of any such failure reported to the South African Police Service.

(b) Unless the Independent Complaints Directorate directs otherwise in any specific case, the South African Police Service must institute disciplinary proceedings against any member who allegedly failed to comply with an obligation referred to in paragraph (a).

(c) The Independent Complaints Directorate must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4)(a), and setting out the recommendations made in respect of such matters.

(d) The National Commissioner of the South African Police Service must, every six months, submit a report to Parliament regarding steps taken as a result of recommendations made by the Independent Complaints Directorate.

In terms of the ICD DVA policy, matters dealt with by the ICD are divided into three categories:

(i) Applications for exemption by the SAPS (DVA1): In terms of the DVA and National Instructions 20778, such an application will be made by the commander of a police member who has not complied with his / her obligations in terms of the DVA. The ICD will then make recommendations as to whether to grant the exemption or to prosecute the member.

(ii) Cases reported directly to the ICD (DVA2): These are cases where complaints have not been reported to the police first; complaints of statutory non-compliance by the SAPS which have already been complained of to the SAPS; and complaints of statutory non-compliance by the SAPS which have not been brought to the attention of the SAPS. Such cases are generally referred to the SAPS for investigation, and the ICD would monitor them.

(iii) Cases where disciplinary proceedings have been instituted (DVA3): These are cases in which there was a failure by a member of the SAPS to comply with an obligation imposed in terms of the DVA and the necessary proceedings were instituted by the SAPS against such members. In respect of such cases the ICD does not have to make recommendations in terms of the DVA but to monitor the progress of the cases. However, the SAPS seem to be labouring under the assumption that the ICD has to make recommendations in respect of all the cases reported to it. In terms of the DVA, the ICD only makes recommendations in cases where a member has applied for exemption from prosecution as mentioned above.

The following represents the DVA cases dealt with by the ICD since January 2001 to June 2001:

PROVINCIAL OFFICE

DVA1

DVA2

DVA3

TOTAL

Gauteng

0

31

21

52

Northern Province

0

5

0

5

Mpumalanga

0

4

0

4

North West

0

0

2

2

Free State

0

1

3

4

KwaZulu Natal

1

2

3

6

Northern Cape

0

0

0

0

Western Cape

2

37

13

52

Eastern Cape

0

7

12

19

TOTAL

3

87

54

144


Municipal Police Services (MPS)

In terms of the latest amendments to the SAPS Act, the ICD has acquired an additional responsibility over the Municipal Police Services (MPS) that is similar to the one it has with regards to the investigation of complaints against SAPS members. The ICD will also have to monitor and/or supervise investigations of allegations of offences and misconduct allegedly committed by members of the various Municipal Police Services. Currently two municipalities have already established such police services, viz, Durban Metropolitan Council (in July 2000) and Johannesburg Metropolitan Council (in March 2001). The Tshwane Metropolitan Council envisages the establishment of such a service during December 2001 and other municipalities such as Ekhuruleni, Buffalo City, and Cape Town are in the process of doing so as well. Again here, as it is the case with the DVA, no budgetary adjustments were made to provide for these additional functions. In order to be able to play an effective oversight role over the Municipal Police Services, it is crucial that the ICD’s budget be reviewed.

Complaints Registry

3.4.1 Intake of Complaints

The number of complaints received from 1 April 2001 to 30 September 2001 amounted to 3336. The breakdown in terms of our classification system is as follows:

CLASS TYPE

NUMBER OF COMPLAINTS RECEIVED

Class I

266

Class II

0

Class III

215

Class IV

1896

Class V

955

TOTAL

3332


The above figure represents a significant increase of about 24% over the same period last year. Last year, i.e. 1 April 2000 to 30 September 2000, the intake of new complaints amounted to 2556.

3.4.2 Classification of cases reported to the ICD

According to our classification system, the following classes represent the following types of complaints:

Class I - These are complaints/notifications of deaths in police custody and as a result of police action.
Class II - Complaints/cases referred to ICD by the Minister or Member of the Executive Council (MEC).
Class III - These are common law or statutory crimes, such as rape, assault, etc.
Class IV - These are complaints relating to minor misconduct including service related complaints.
Class V - These are complaints falling outside the mandate of the ICD.

While there is a significant increase in the total number of complaints received, compared to last year, this time, it is heart-warming to note that there is a noteworthy decrease of Class I cases. Class I cases decreased from 405 to 266. This represents a decrease of about 65.7%. The next table provides a breakdown of the Class I cases registered so far:

(Class I) Deaths in police custody and as a result of police action from April 2001 to September 2001


GP

NP

NW

MP

KZN

FS

EC

WC

NC

TOTAL

Custody

Natural causes

2

2

0

6

7

3

5

0

2

27

Suicide

14

0

0

3

6

1

3

6

3

36

Injuries in custody

3

1

0

1

0

1

3

1

0

10

Injuries prior to custody

2

0

0

2

5

1

4

0

0

14

Possible negligence

1

1

0

1

0

0

1

0

0

4

Action

  1. Shooting:

During course of arrest

27

5

1

8

14

4

4

1

2

66

During course of a crime

17

2

0

9

7

0

6

1

1

43

During course of investigation

2

0

0

3

0

0

4

0

0

9

During course of escape

1

0

0

0

7

1

1

0

0

10

Other intentional shooting

9

2

0

1

4

2

1

0

0

19

Possible negligence

4

2

0

0

0

0

4

1

0

11

Negligent handling of a firearm

0

0

1

0

2

1

1

2

1

8

  • Other
  • 1

    0

    1

    0

    2

    1

    1

    2

    1

    9

    TOTAL

    83

    15

    3

    34

    54

    15

    38

    14

    10

    266


    3.4.3 Class III—V:

    A significant increase appears with regard to the service related complaints, i.e., Class IV complaints as well as complaints falling outside our mandate, i.e., Class V complaints. There is a small increase in respect of Class III cases. See the tables below for details:

    (Class III) serious offences committed by members of the police from April 2001 to September 2001

     

    EC

    FS

    GP

    KZN

    MP

    NC

    NP

    NW

    WC

    TOTAL

    Abuse of power

    2

    0

    3

    0

    0

    0

    0

    0

    4

    9

    Arson

    0

    0

    0

    0

    0

    1

    1

    0

    0

    2

    Assault GBH / attempted murder

    19

    3

    40

    2

    17

    5

    29

    1

    7

    123

    Breaking and entering premises

    0

    0

    0

    0

    2

    0

    0

    0

    0

    2

    Common assault

    0

    0

    0

    0

    0

    2

    0

    0

    0

    2

    Conspiracy

    0

    0

    0

    0

    0

    0

    0

    0

    4

    4

    Corruption

    0

    0

    3

    0

    0

    0

    1

    0

    1

    5

    Extortion

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Forgery

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Fraud

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Harassment

    0

    0

    0

    0

    0

    0

    0

    1

    0

    1

    Indecent assault

    0

    0

    0

    0

    1

    0

    0

    0

    1

    2

    Instigating/failure to prevent/stop violence

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Intimidation

    1

    0

    0

    0

    0

    1

    0

    0

    0

    2

    Kidnapping

    0

    0

    1

    0

    0

    0

    0

    0

    0

    1

    Malicious injury to property

    1

    0

    3

    0

    0

    0

    1

    0

    1

    6

    Organized crime

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Other criminal offences

    0

    0

    0

    0

    2

    0

    0

    0

    0

    2

    Rape

    2

    0

    0

    1

    0

    0

    2

    0

    0

    5

    Robbery

    0

    0

    0

    0

    0

    0

    0

    0

    1

    1

    Theft

    2

    0

    4

    0

    1

    0

    1

    2

    2

    12

    Torture

    6

    0

    2

    0

    23

    2

    3

    0

    0

    36

    TOTAL

    33

    3

    56

    3

    46

    11

    38

    4

    21

    215


    (Class IV) Acts of misconduct by members of SAPS
    April to September 2001

    EC

    FS

    GP

    KZN

    MP

    NC

    NP

    NW

    WC

    TOTAL

    Assault

    15

    18

    30

    32

    18

    15

    21

    19

    4

    192

    Conceals evidence

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Crimen injuria

    1

    0

    0

    0

    0

    0

    0

    1

    0

    2

    Driving a motor vehicle without registration

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Drunk driving

    0

    0

    0

    0

    0

    0

    1

    0

    2

    3

    Failure to perform duties and responsibilities

    57

    42

    68

    72

    32

    79

    42

    30

    80

    502

    False accusation of a crime

    1

    0

    1

    0

    0

    2

    0

    0

    0

    4

    Gross discourtesy

    3

    0

    0

    0

    0

    0

    0

    0

    5

    8

    Intentionally / negligently allowing a prisoner to escape

    1

    0

    0

    0

    0

    0

    0

    0

    0

    1

    Leaving the scene of a collision without discharging duties

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Misappropriates/withholds state property

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Neglects duty or performs duty in improper manner

    31

    28

    685

    93

    24

    16

    19

    24

    101

    1021

    Negligent handling of a firearm

    2

    2

    3

    5

    2

    3

    0

    0

    1

    18

    Other criminal offences

    2

    3

    8

    6

    2

    4

    2

    3

    5

    35

    Other violations with a motor vehicle

    0

    0

    0

    0

    0

    0

    0

    0

    1

    1

    Performs an act in contravention of the SAPS Act

    3

    2

    13

    18

    10

    9

    4

    3

    1

    63

    Performs an act or fails to perform an act which constitutes an offence

    3

    2

    8

    6

    3

    6

    3

    4

    1

    36

    Racial discrimination

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Reckless operation of a motor vehicle

    1

    0

    0

    0

    0

    0

    1

    0

    0

    2

    Releasing a prisoner without authority

    0

    0

    0

    0

    0

    0

    2

    0

    0

    2

    Sexual harassment

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Treats a lower ranking employee in an oppressive manner

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Unfair labour practice

    0

    0

    0

    0

    0

    1

    0

    0

    0

    1

    Unlawfully and intentionally partakes of liquor while on duty

    0

    0

    0

    0

    0

    0

    0

    0

    0

    0

    Uses unlawful force against a prisoner

    0

    0

    0

    0

    0

    1

    0

    0

    0

    1

    Victimisation

    0

    0

    1

    0

    0

    0

    0

    0

    3

    4

    TOTAL

    120

    97

    817

    323

    91

    136

    95

    84

    224

    1896


    (Class V) Cases falling outside the mandate of the ICD
    April to September 2001

    Province

    Number of cases

    Eastern Cape

    53

    Free State

    66

    Gauteng

    214

    KwaZulu-Natal

    74

    Mpumalanga

    26

    North West

    173

    Northern Cape

    43

    Northern Province

    223

    Western Cape

    83

    TOTAL

    955


    3.4 Criminal and Departmental Convictions

    The following are a few examples of criminal and departmental convictions registered by three of our provincial offices during April 2001 to September 2001.

    PROVINCE

    NATURE OF COMPLAINT

    VERDICT

    SENTENCE

    North West

    Murder

    Guilty

    3 years correctional supervision plus 5 years suspended

     

    Murder

    Guilty

    22 years, 6 years suspended, serve 16

    Rape

    Guilty

    15 years imprisonment

     

    Theft

    Guilty

    R300 suspended for 12 months of any misconduct

     

    Abuse of power

    Guilty

    Pay all traffic tickets received by complainant

    Negligence of duty

    Guilty

    Oral warning

    Abuse of power

    Guilty

    Written warning

    Gauteng

    Culpable Homicide

    Guilty

    5 years imprisonment, suspended for 4 years

     

    Count 1: Reckless and negligent driving

    Count 2
    : Failure to stop after accident

    Guilty

    Member discharged from duty

     

    Driving under the influence

    Guilty

    Fined R6 000 or 18 months imprisonment

     

    Murder

    Guilty

    31 years and 6 months imprisonment

    KwaZulu Natal

    Culpable Homicide

    Guilty

    2 years correctional supervision

     

    Count 1: Assault GBH

    Count 2: Assault Common

    Guilty

    3 months or R500

    R500 or 3 months imprisonment

     

    Culpable Homicide

    Guilty

    3 years imprisonment suspended for 4 years

     

    Assault

    Guilty

    90 days imprisonment or R300 fine


    3.6 Development and Research

    Within the short period of its existence, the ICD has had to contend with a variety of problems, some of which continue to exist. Through interaction and discussion, it was realised that piece-meal efforts at solving some of these problems was not an ideal approach. Rather, a holistic approach is an appropriate manner to address some of the problems. Currently, in an attempt to be proactive and not continuously reactive, the ICD is also focusing on development issues, for the purpose of highlighting root causes of certain police conduct. The following research areas are the focus of recommendations to the SAPS during this financial year:

    · Use of police dogs on civilians
    · Strategy to reduce deaths in police custody and as a result of police action
    · Escapes from police custody
    · Racism
    · Vehicle Pounds
    · Profiling strategy to identify those police members prone to violence

    4. PRIORITIES FOR THE FINANCIAL YEAR: 2002/3

    The ICD is aware that more funds may not be allocated and has set its priorities for the forthcoming years to include the improvement of service delivery to the community. Creative ways and means will have to be found to achieve the following objectives:

    PROGRAMMES

    KEY OBJECTIVES

    SERVICE INDICATORS AND OUTPUT

    Investigations

    1. To investigate all deaths in police custody and as a result of police action.

      To investigate crimes against women and children.

      To investigate serious criminal offences in accordance with the ICD’s strategic priorities.
    1. Conduct and complete preliminary investigations within 14 days and full investigations within 180 days in respect of Class I cases (deaths in custody and as a result of police action).

      Attend crime scenes of at least 70% of the Class I cases reported, within a radius of 250 km from any ICD office.

      Conduct and complete at least 70% of all other cases reported, within 90 days in respect of the other classifications.

      Develop two training courses for Investigators and send at least 80% of newly appointed investigative staff for such training.

      Conduct quarterly information and auditing sessions to ensure uniform implementation of the Investigative Standard Operating Procedures.

    Monitoring and Development























    PROGRAMMES

    To process, register, formulate and / on mediate complaints received in respect of criminal offences and misconduct allegedly committed by police members.

    To monitor cases investigated by SAPS as well as misconduct cases allegedly committed by the Municipal Police Services.

    To conduct research and produce recommendations in respect of the JCPS Cluster’s identified Security Areas.

    KEY OBJECTIVES

    Registration, classification and the updating of all cases on the database on a monthly basis, in order to submit monthly progress reports to complainants.

    Record statistics and monitor DVA cases monthly.

    Obtain and peruse dockets monthly and visit at least four police stations per province per year.

    Conduct research in order to produce at least one recommendation report in respect of each JCPS Cluster’s identified Security Area, per quarter.









    SERVICE INDICATORS AND OUTPUT

    Administration

    1. To develop human resource potential in line with the ICD’s Skills Development and Assessment Plan.

      To improve and accelerate the ICD’s Public Service Delivery Improvement Plan.
    1. Incorporate individual skills development plans into job descriptions and the quarterly evaluation of progress in terms of personnel development.

      Implement the HRD policy to meet at least 50% of training needs.

      Business plans to be refined to include aspects such as:
      Timeous closure of the financial year and compilation of financial statements
      Quarterly marketing of the ICD and compilation of publication material
      Finalising budgetary input and Annual Report timeously

      Weekly media linkages and promoting an awareness of Special Programmes to all ICD staff members.