BUDGET REVIEW AND RECOMMENDATION REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON THE INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE’S PERFORMANCE IN2013/14,DATED31 OCTOBER 2014.

The Portfolio Committee on Police having considered the Annual Report and budget of the Independent Police Investigative Directorate (IPID), reports as follows:

1. Introduction

The Independent Police Investigative Directorate(IPID) Act 1 of 2011 gives effect to section 206(6) of the Constitution and makes provision for the establishment of an independent police complaints body. The Independent Police Investigative Directorate Act (No.1 of 2011) realigned the focus of this Directorate from complaints to investigations. Pursuant to its legislative mandate, IPID seeks to:

Ensure independent oversight over South African Police Service (SAPS) and the Municipal Police Services (MPS).
Conduct independent and impartial investigations of identified criminal offences allegedly committed by members of the SAPS and the MPS, and make appropriate recommendations.
Promote proper police conduct in accordance with the principles of the Constitution.

1.1 Presentation by the Department

The Department presented its Annual Report and budget expenditure report on 17 October 2014. In the overview presented by its Executive Director, IPID reported that, in the second year of the implementation of the IPID Act (1 of 2011), the Department has been able to make progress in its implementation strategy of its mandate. The IPID reported that since the previous Annual Report hearings, the Executive Director has been appointed in the last quarter of the 2013/14 financial year and the nine provincial Heads of the Department has just been finalised, but that the head of Monitoring and Evaluation has not been appointed.

In addition, the IPID dealt with 9055 cases, of which 3310 was carried over from the last financial year. The IPID had managed to deal with 5045 or 56% of the cases during the 2013/14 financial year. Although the figures showed an improvement on the previous year’s total, the targets were not met.

The Department identified a number of challenges after conducting an ethical and functional assessment in four provinces. The audit found that staff members were chasing targets for which there was no baseline. For example, the 90 day target to complete investigations was a blanket target which was set without a scientific base. It did not take into account various dependencies, such as toxicology results that is the mandate of the Department of Health.It was stated that the Department will embark on a comprehensive review of this target. To further improve the performance of the IPID, an individual investigator scorecard with targets will be developed and the IPID will start using trial ready dockets and dockets on the court roll as a pre-determined objective and as a measurement of its success.

The IPID have during the year under review, managed to secure 84 convictions, conduct 185 disciplinary cases and place 938 dockets on the court roll.

During 2013/14, the Department applied for and was granted an approval by National Treasury to shift an amount of R200 000 from Programme 2: Investigation and Information Management to Programme 3: Legal Services. This was done to address spending pressures experienced by Legal Services.

In order to defray the projected overspending on goods and services, the approval was granted for shifting of R630 517 from machinery and equipment in Programme 2: Investigation and Information Management to goods and services in Programme 1: Administration

This report comprises of the following sections:

Section I: provides an introduction and mandate summary
Section 2: provides an overview of the strategic priorities of the Department
Section 3: provides an analysis and summary of the financial expenditure reports of IPID
Section 4: provides a programme performance analysis and summary,and
Section 5: provides for Committee observations and recommendations

2. OVERVIEW OF STRATEGIC PRIORITIES

The following priority areas were identified in the Directorate’s 2014-2015 Annual Performance Plan (APP):

Filling of all senior management positions;
Establishment of a consultative forum;
Establishment of the integrity management and protection unit;
Refocus the Directorate from a complaints driven institution to an investigation driven institution;
Training and capacity building of all investigators;
Development of personnel performance management systems;
Obtain an unqualified Audit;
Establishment of a consultative forum to conduct public education;
Review of delegations of functions in terms of human resources and finance;
Influence/feed into policy development within SAPS/MPS through recommendations; and
Identification and investigation of systemic corruption cases.

The following are the medium term priorities for the IPID:

Alignment of the Directorate’s functions and priorities in line with the principles enshrined in the Constitution and the IPID Act;
Internalising the values and ethos contained in the IPID Act;
Engaging in a process of organisational renewal or re-engineering and re-organisation;
Integrating the Directorate’s systems, programmes and structures to enhance service delivery;
Alignment of the Directorate’s planning, budgeting and reporting processes; and
Development of policies to influence smooth transition from Independent Complaints Directorate (ICD) to IPID.

The priorities were linked to the delivery agreement of Outcome 3: “All people in South Africa are and feel safe”, and Outcome 12: “An efficient, effective and development-oriented public service and an empowered, fair and inclusive citizenship”.

3. FINANCIAL EXPENDITURE

The voted funds of the Department are captured as follows:

Main Appropriation

R’000

Adjusted Appropriation

R’000

Actual Amount Spent

R’000

(Over)/Under Expenditure

R’000

216991

193141

23850

Source: IPID 2013/14 Annual Report

The main appropriation budget for the 2013/14 financial year amounts to R216,9 million with the adjusted appropriation totalling R 216,9 million while the actual amount spent is R193,1 million. IPID materially underspent its budget to the tune of R23 million rand which was surrendered to the Revenue Fund. It is important to note that the increase of R9, 3 million was adjusted to the main appropriation towards personnel remuneration. In the previous financial year (2012/13), IPID underspent by R26 million which is higher than the 2013/14 financial year.

The IPID received a main appropriation of R216.9 million for the 2013/14 financial year, which represents a nominal increase of R19,1 million (9.7 %) and real rand increase of R7,6 million (3.8 %) compared to 2012/13. During the Adjustments period (October 2013), the Main Appropriation of the Directorate was not adjusted (upwards nor downwards). Thus, the total Adjusted Appropriation remained the same as the Main Appropriation for the 2013/14 financial year. However, funds were shifted between programmes and sub-programmes, mainly to address shortfalls in funding for Goods and Services and Machinery and Equipment. The Final Appropriation of the Directorate also stayed at R216 991 000, but shifted within Programmes.

At the end of the fourth quarter of 2013/14, the Directorate had spent R193,1 million or 89 % of its 2013/14 adjusted appropriation. This represents an underspending of R23.9 million for the 2013/14 financial year and a 2.4 % improvement in spending when compared with spending in the fourth quarter of 2012/13. Underspending is visible under all programmes at the end of the 2013/14 FY. The Administration Programme spent 96.1 % of its budget, while the Investigation and Information Management Programme spent 84.4 %of its final appropriation for the 2013/14 FY. However underspending is most notable under the Legal Services programme, which spent 74.3 per cent of its R4,5 million available budget for the year.

In terms of economic classification, underspending on current payments is most visible under compensation of employees which only spent 82.7 per cent of its R127,1 million budget. This is after a virement of R4,8 million was shifted away from this item. Transfers and subsidies were R136 000 below the available budget. This is after the item received a virement of R183 000 from compensation of employees.

As at the end of the fourth quarter of 2013/14, the Directorate had spent R9,6 million or 100 %of its earmarked allocation of R9.6 million emanating from devolved funds from the Department of Public Works (DPW). This represents an improvement in spending on this line item as in the year 2012/13, the Directorate incurred an overspending of 30.1 per cent on this line item.

Virements:

A total of R175 000 was shifted from Programme 1: Administration Goods and Services as a result of the reallocation of funds from operating leases, and travel and subsistence to Machinery and equipment for the procurement of Machinery and Equipment initiated in the previous financial year. A total of R304 000 was shifted away from Compensation of employees because of vacant posts.Of these funds, R70 000was shifted to Goods and services to address the shortfall in funding for Goods and services and R234 thousand was reprioritised for the procurement of Machinery and Equipment.

A further amount of R200 000 was shifted away from Goods and Services in Programme 2 in terms of operating leases and travel and subsistence to payments for Goods and services in Programme 3 to address the shortfall in funding for Goods and services in the Legal Services Programme (Programme 3). A further R259 000 was shifted away from Compensation of Employees due to vacancies, of which R159 000 was reprioritised to address the shortfall for funding in Goods and Services and R100 000 was shifted to Households to address the unanticipated expenditure on items such as leave gratuities. The R200 000virement adjusted the Legal Services Main Appropriation of R4.25 million for the 2013/14 financial year to R4,450 million.

Roll-overs

The Department did not apply for any roll-overs.

Unauthorised Expenditure

The Directorate did not incur unauthorised expenditure during the 2013/14 FY. However, the financial disclosure notes does report an amount of R891 000 regarding prior over- expenditure by Programmes 2 and 3 in the 2008/09 and 2005/06 FYs respectively. The expenditure has not yet been condoned by National Treasury.

Irregular Expenditure

In 2013/14, the Directorate recorded irregular expenditure to the amount of R957 000. An amount of R923 000 incurred during the 2012/13 FY was brought forward to the Directorate’s account, which gave a total irregular expenditure of R1 880 000 for the 2013/14 FY. Considering only the irregular expenditure incurred in 2013/14, it was made up of a Contravention of National Treasury Note 1 of 2013/14 to the amount of R2 000 and a Non-submission of SBD4 (Supply Chain Management Bid Document relating to the Declaration of Interest) to the value of R 955 000.

Fruitless and wasteful expenditure

An amount of R314 136,83 in three separate transactions was identified and reported due to the payments that was done for the implementation of the Team Mate audit system, which did not take place as planned. The expenditure is currently under investigation to establish the required action.

3.1. Programme expenditure

Programme expenditure for the 2013/14 financial year is as follows:

Programmes	Final Appropriation R’000	Actual Expenditure R’000	%spent at March 2013	Variance
Administration	88 446	85 592	96.1%	3.9%
Investigation and Information Management	124095	104 243	84.4%	15.6%
Legal Services	4 450	3 306	74.3%	25.7%
Total	216 991	193 141	89.0%	11.0 %

Source: IPID 2013/14 Annual Report

Programme 1: Administration

The Administration Programme had a final appropriation of R88, 446 million and an actual expenditure of R85, 592 million amounting to 96.1% expenditure of the budget. The amount underspent was 3.9% or R2 854 million of the main appropriation. One of the reasons again put forward for the under-spending in this programme was the failure of the IPID to fill its vacancies. It should be noted that the Executive Director was appointed in the last quarter of the 2013/14 financial year and the provincial heads were appointed in the second quarter of the 2014 financial year. The following three key positions were not filled during the 2013/14 FY: (1) Director: Executive Support, (2) Director: Internal Audit and (3) Director: Corporate Governance was also not filled until the 2014/15 financial year.

Programme 2: Investigation and Information Management

The Investigation and Information Management programme had a final appropriation of R124, 095 million and managed to spend R104, 243 million or 84.4% of its budget. This programme underspent its budget by 15.6% and the reasons for the under-spending is attributed to the vacancies in senior management echelon and itscontinued delays in implementation of the planned Satellite Offices due to slow procurement process done in conjunction with the DPW.

Programme 3: Legal Services

The Legal Services Programme had the greatest under-spend of all three programmes amounting to 25.7% of its budget. The programme had a final appropriation of R4, 450 million and spent R3, 306 million. The main reason for the under-spending relates tothe reported staff turnover in this programme. Amongst the existing vacancies there are three (3) SMS positions; Chief Director: Legal Services, Director: Litigation Advisory Services and Director: Investigation Advisory Services, however the positions have since been advertised with an intention to fill them in the 2014/15 financial year. The vacancies have affected the spending pattern of the programme including the administrative costs related to all reported vacant positions.

Contingent liabilities: A possible claim of R1.279 million against the Department was incurred during 2012/13 (Claim by KE Sons Investments CC). It should be noted that this same claimant has a number of other claims against IPID to the value of R8.527 million (which in fact makes up the vast majority of the total contingent liability of the Department which stood at R10.186 million at the end of the 2012/13 financial year).

3.4. Report of the Auditor General (AG)

The Directorate received an Unqualified Audit report from Auditor-General (AG) for 2013/14 financial year. The AG noted that improved performance from IPID was due to better communication by different levels of management. However, for the financial year 2013/14 the Directorate had a material under-spending amounting to R23 million of the vote.

The AG also made the following findings:

A. Predetermined Objectives: There were no findings on Pre-determined objectives.

B. Supply Chain Management: There was possible irregular expenditure during the audit due to the department not obtaining a Standard Bidding Document (4) from suppliers and this resulted in the department awarding contracts to officials employed by other government departments. The root cause was identified as inadequate skills and capacity and the AG recommended that the staff at the supply chain management unit should comply with Treasury Regulations. They should perform background checks of suppliers to ensure that the directors of companies are not employed in government. The AG also recommended that staff should be held accountable for non-adherence to delegations.

C. Human resource management: The disaster management recovery plan has not been updated to reflect the current business requirements and technology landscape. There was also no evidence to indicate that the activities of the system controllers were reviewed by an independent person or that the users’ access rights on were periodically reviewed to confirm that current access was commensurate with responsibilities. The activities of the network administrators on the network operating system were not monitored or reviewed on a periodic basis. The AG recommended that the IPID conducts regular reviews on its audit logs or activities carried out by administrators on the network operating system. Lastly, parties with appropriate skills should be engaged to update the disaster recovery plan.

D. Material errors/submissions in the annual financial statements: The IPID had material errors/omissions in the financial statements that were submitted for audit. The AG recommended that vacancies with the finance section should be filled with skilled staff, skills gaps should be identified and be addressed and accurate monthly financial information should be prepared and reviewed. The AG also recommended that staff should be held accountable for responsibilities assigned to them.

E. Financial and performance management: The statements of financial performance indicated that the Department takes 371 days to pay its suppliers/creditors. The AG recommended that the CFO should implement a monitoring tool that will assist the department to comply by ensuring that provincial offices submit all invoices for expenditure incurred timeously.

Response by the Department

The Department noted that it has developed an irregular expenditure register and conducted a workshop with the Administration officers and Management team to develop reporting processes to minimise irregular expenditure. Suspected cases are also reported to the Finance Unit on a monthly basis.

The IPID has also conducted an audit of all vacancies including that of supply chain management environment. It has also reconstituted various bid committees and the disposal committee in order to cut back on delays in procurement of goods and services.

4. OVERVIEW OF THE PERFORMANCE OF INDIVIDUAL PROGRAMMES

The activities of the IPID are currently organised into the following programmes, which are aligned with the strategic objectives identified in the previous strategic plan for 2012–2017:

Administration (Programme 1)
Corporate Services (Programme 2)
Investigation and Information management (Programme 3)
Legal services (Programme 4)

4.1. Programme 1: Administration (Governance and Stakeholder Management)

Adjusted EstimatesR’000

Virement

R’000

Final AppropriationR’000

Actual ExpenditureR’000

Variance

88446

604

89050

85 592

3.9%

Source: IPID 2013/14 Annual Report

The purpose of Administration (Governance and Stakeholder Management) Programme is to administer the overall management of the Directorate and support services, including strategic support to the Directorate. In 2014/15, this Programme was combined with the Corporate Management Programme to form the Administration Programme.

The Administration programme consists of five sub-programmes. These are:

Executive Support
Corporate Governance
Internal Audit
Financial management
Security management services

Key outputs (strategic objectives) of the programme include:

Stakeholder Management: Regular engagements with and reports to key stakeholders, including the SAPS, MPS, Civilian Secretariat for Police and other relevant Government and Civil Society Organisations.
Policies and Guidelines: That inform the standard operating procedures in support of the IPID mandate; and ensure compliance with regulatory and legislative prescripts.
Performance Management System: A performance measurement and reporting system that supports management decision making and that enables the IPID to comply with internal and external accountability reporting in line with legislative requirements.

Administration Programme Performance Selected indicators

Performance Indicator	Target 2013/14	Actual 2013/14	Comment
Number of media statements	60	799	TARGET MET
% of policies reviewed by the Department’s Policy review Committee	70%	No Policies reviewed	TARGET NOT MET Most targets still being negotiated at the Bargaining Chamber
Number of performance monitoring and evaluation reports submitted to ensure attainment of strategic objectives	13	13	TARGET MET
Number of financial and strategic reports submitted within the prescribed dates for reporting	22	15	TARGET NOT MET 7 reports submitted outside the framework
Number of formal engagements at Provincial level with key stakeholders held annually	108	118	TARGET MET

Source: IPID 2013/14 Annual Report

The Administration Programme had six targets of which it achieved four giving it a 66% success rate. It did not meet targets in the following areas:

Financial and Strategic Reports Submitted

· The targets were not met in that, 22 reports were submitted, with seven reports submitted outside the targeted time-frame

50% women representation at SMS level

· Due to change of leadership, SMS positions were not filled. However towards the end of the financial year after the appointment of the Executive Director, all SMS positions were advertised and indicated clearly that priority would be given to women and people with disabilities.

2% disability representation

10% vacancy rate

70% Policy review

· Most polices were still at bargaining process as at the end of the financial year 2013/14. However, the situation will improve during 2014/15.

Human Resource issues:

The Executive Director of the IPID has been appointed together with all nine provincial heads. This will assist the department inmanaging its predetermined objectives better.

4.2. Programme 2: Corporate Services

The purpose of the Corporate Services programme is to provide corporate management services, information communication technology, communication and marketing, auxiliary services, human resource management and development services to the Directorate.

Corporate services expenditure

Adjusted Estimates R’000

Virement

R’000

Final Appropriation R’000

Actual Expenditure R’000

Variance

54 828

1 387

54 828

53 441

2.3%

The Corporate Service programme had a final appropriation of R54, 828 million and spent R53, 441 million which accounted for 97.7% of the budget. While the programme had a high percentage spend in comparison to other programmes, it still did not manage to achieve its targets.

The programme had seven targets and managed to achieve only three, giving it a 42% success rate. The indicators of the programme relate to a number of critical indicators such as the vacancy rate.

Corporate Services selected indicators 2013/14

Performance Indicator	Target 2013/14	Actual 2013/14	Comment
Number of community outreach events conducted annually	306	337	TARGET MET
% Vacancy rate	Below 10%	12%	TARGET NOT MET The Department had 42 vacant posts at the end of the financial year.
% females at senior management level	50%	36%	TARGET NOT MET
% of staff complement consisting of people with disabilities	2%	0.86%	TARGET NOT MET
Human Resource Management plan updated and implemented annually	Updated and implemented HR plan	Approved HR Plan	TARGET MET
ICT Plan and governance framework approved	March 2014	Plan developed, not approved	TARGET NOT MET
Number of reviews of Organisational Structure	1	1	TARGET MET

It should be noted that the Department presented this programme as part of its Administration programme, when in fact they are two distinct programmes. The intention is to merge them in the foreseeable future and IPID should keep the reporting as per the Annual Report format until the programmes are officially merged.

4.3 Programme3: Investigations and Information Management

Investigation and Information Management expenditure

Adjusted EstimatesR’000

Virement

R’000

Final AppropriationR’000

Actual ExpenditureR’000

Variance

123 491

133

123 491

104 243

15.6%

Source: IPID 2013/14 Annual Report

The programme consists of three sub-programmes:

Investigations,
Information management, and
Policy development and provincial coordination.

Key outputs of the programme include:

Management System: Asystem for the registration, allocation, tracking, management and reporting of investigations, the generation of reliable statistical information and the provision of general business intelligence.
Completed Investigations: Completed investigations of cases in line with the provisions of the IPID Act, Regulations and Executive Director Guidelines and Standard Planning Procedures.
Recommendation reports: Recommendation reports to the SAPS regarding possible disciplinary steps; and recommendation reports to the Prosecuting Authorities regarding possible criminal prosecution. Recommendation reports provided within 30 days of completion of all investigations.
Feedback reports on investigation: Feedback letters to complainants, victims and referral authorities regarding the outcome of investigations.

The Programme had a total of 18 predetermined targets for 2013/14. Of the 18 targets, only two were achieved, which represents a success rate of 11.15 of its predetermined targets. Thus, 16 out of the total of 18 predetermined targets were not achieved. The targets that were achieved were:

Number of statistical reports generated: on the number and type of cases investigated, recommendationsmade and outcomes thereof, the programme achieved 18 out of 18 predetermined targets.
% reduction of annual brought forward investigations: (excluding cases of systemic corruption). The target was 50 % reduction of such cases which was exceeded by 2%.

Investigations and Information Management indicators

Performance Indicator	Target 2013/14	Actual 2013/14	Recommendations
% cases registered and allocated within 72hrsof receipt	98%	87%	TARGET NOT MET
Number of statistical reports generated on the number and type of cases investigated, Recommendations made and the outcomes thereof	18	18	TARGET MET
% death in custody investigations completed in 90 days	65%	50%	TARGET NOT MET
%investigations of deaths as a result of police action completed in 90days	65%	31%	TARGET NOT MET
%investigations of discharge of an official firearm by police officercompleted in 90 days	55% of all registered cases	24%	TARGET NOT MET
%investigations of rape by a policeofficer completed in 90 days	55% of all registered cases	47%	TARGET NOT MET
%investigations of rape while in police custody completed in 90 days	55% of all registered cases	33%	TARGET NOT MET
% investigations of torture completed in 90 days	50% of all registered cases	8%	TARGET NOT MET
% investigations of assault completed in 90 days	50% of all registered cases	26%	TARGET NOT MET
% investigations of corruption completed in 90 days	55% of all registered cases	19%	TARGET NOT MET
Number of cases of systemic corruption identified for possible investigation approval, within a financial year	18	12	TARGET NOT MET
% approved systemic corruption investigations completed within 12 months	20% of approved cases	8%	TARGET NOT MET
% reduction of annual brought forward investigations (excludingcases of systemic corruption)	50% reduction	52%	TARGET NOT MET
% annual reduction of backlog investigations (excluding cases of systemic corruption)	50% reduction	13% decrease in backlog cases from previous FY. At the end of 2013/14, the total backlog was 206	TARGET NOT MET
Disciplinary recommendation reports referred to SAPS / MPS within 30 days of completion of relevant investigations	100% of relevant legal cases	88%	TARGET NOT MET
Criminal recommendation reports referred to NPA within 30 days of completion of relevant investigations	100% of relevant completed cases	86%	TARGET NOT MET
Feedback reports regarding the outcome of investigations provided within 30 days of closure thereof	100% completed	99.5%	TARGET NOT MET

Cases

The IPID received 5 745reported cases during the reporting period. Of these, 3 916 were assault cases, 429 cases were complaints ofthe discharge of official firearm(s), 390 were incidents of deaths as a result of police action, 374 werecases of other criminal matters, and 234 incidents of deaths in police custody. The majority of caseswere reported in Western Cape (1 254), followed by Gauteng (908) and Free State (861). A total of 84 of the 5 745 cases involved members of the MPS.

· A total of 3 916 were assault cases;

· 429 cases were complaints of the discharge of official firearm(s);

· 390 were incidents of deaths as a result of police action;

· 374 were cases of other criminal matters;

· 234 incidents of deaths in police custody.

There was a decrease in the number of cases reported when compared to the previous reporting period (2012/13). There was a decrease in most categories except in cases of torture. Twelve cases of systemic corruption were identified and registered during the reporting period. A substantial decrease was noted in misconduct cases (51%), non-compliance with IPID Act (49%), complaints of the discharge of official firearms (36) and corruption (30%). The IPID investigated 84 cases in which MPS were involved. In 5 661 cases the SAPS were allegedly involved in various criminal offences and misconduct. Of the 84 cases that involved the MPS, there were 47 allegations of assault, 13 other criminal matters, 11 incidents of deaths as a result of police (MPS) action and 10 complaints of the discharge of firearms.

During the 2013/14 FY, incidents of deaths as a result of police action were higher compared to deaths in police custody. Out of 234 deaths in police custody, most can be attributed to deaths due to injuries sustained in custody (with 96 cases), followed by injuries sustained prior to custody (with 81 cases) and deaths from natural causes (57 cases). Of the 96 incidents of deaths during police custody, 86 deaths were as a result of suicide, of which 80 deaths were as a result of suicide by hanging.

Out of the 390 incidents of deaths as a result of police action, 150 suspects died during the course of arrest, of which 133 suspects were shot with a service firearm. During the 2013/14 FY, the IPID recorded 32 Domestic Violence related deaths, in which 27 partners were killed with a service firearm. And 21 pedestrians were struck and killed by police vehicles that was negligently handled by a SAPS member. The IPID received a total of 121 cases of rape by a police officer (both on and off duty). Of these, 35 incidents occurred while police officers were on duty (29%). In one incident of rape where a member was on duty, he allegedly raped a mentally-ill person in the bushes.

In another incident an on duty member raped a minor by taking her from her parent under the false pretence of interrogating her at the police station and in another incident a member raped a person in a police vehicle. One incident of rape involved a Metro Police officer while off duty. The member involved was reported to be under the influence of drugs. Of the total incidents, 86 cases occurred while police officers were off duty (71% of the total cases).

The IPID received a total of 3 916 cases/complaints of assaults and 78 cases of torture during 2013/14. As mentioned above, assault forms 68 per cent of all cases investigated against the SAPS and MPS during the 2013/14 FY. Most of the incidents were of assault common (3 101), followed by assault GHB (772).

Criminal Recommendations to the National Prosecutions Authority (NPA):

A total of 1 470 criminal recommendations were generated to the NPA. The highest number of criminal recommendations were generated by Western Cape (611), Free State (241), Northern Cape (139), North West (136), Limpopo (101) and the Eastern Cape (77). The lowest number of criminal recommendations was generated by Gauteng (only 29) and KZN (65). Mpumalanga generated 71 recommendations.
Of these 1 470 recommendations, in 41the NPA declined to prosecute, 16 were prosecuted, 1412 are awaiting NPA responseswere referred to the NPA. The highest number of recommendations were referred by the Western Cape (611), followed by Free State (241), Northern Cape (139), and North West (136).

At the end of 2013/14 a total of 1251 cases were on the court rolls.

Disciplinary recommendations

IPID generated 884 disciplinary recommendations. The highest number of disciplinary recommendations were made by the Western Cape (220), followed by Eastern Cape (218), North West (98), and Mpumalanga (74). Free State and KwaZulu-Natal both had (69). The provinces with the lowest disciplinary Recommendations were Gauteng (62) , Northern Cape (48) and Limpopo (26).

Disciplinary convictions and acquittals:

Of the 884 disciplinary recommendations referred to SAPS only 135 disciplinary convictions were received during 2013/14. There were 84 criminal convictions in the same financial year.
Of the 884 disciplinary recommendations referred to SAPS, 42 resulted in acquittal. Of these 42 acquittals, 12 were for deaths as a result of police action, 6 for deaths in police custody and 9 for assault.

4.4. Programme 3: Legal Services

Adjusted Estimates

R’000

Virement

R’000

Final Appropriation

R’000

Actual Expenditure

R’000

Variance

4 450

3306

25.7%

Source: IPID 2013/14 Annual Report

The purpose of the Legal Services programme is to ensure that investigations are conducted efficiently and within the ambit of the law by providing investigators with adequate legal advice and guidance on an ongoing basis, during and after completion of investigations.

This programme consists of two sub-programmes and is made up of the following:

Legal and Litigation Advisory Services.
Investigation Advisory Services.

The Outputs of this programme are:

Legal and Litigation Advisory Services: management of the Directorate’s legal obligations, civil and labour litigation matters and the granting of policing powers to investigators.
Investigation Advisory Services: legal advice and guidance to investigators during and after the completion of investigations.

The Legal Services Programme set itself six targets and only achieved one which gave it an overall success rate of 16.6% as opposed to 100% achieved during the 2012/13 financial year. The Programme recorded significant under-expenditure on its allocated budget at the end of the 2013/14 FY and spent only 74.3 per cent. It achieved only one of its six predetermined performance targets,which gives the Programme success rate of 16.6 per cent for the 2013/14 FY.

Legal Service Programme Performance

Indicators	Target 2013/14	Actual 2013/14	Comment
% contracts and service level agreements (SLAs) finalised within 30 working days of request	90% contracts and SLA’s finalised	53%	TARGET NOT MET.
% legal opinions provided to directorate within 21 working days of request	90% of legal opinions provided	66.6% completed.	TARGET NOT MET
% policies reviewed for legal compliance within 21 working days of request	90% of all requests	0%	TARGET NOT MET
% legal advice provided to investigators within 24hrs followed by written advice within 48h of request	90% of legal advice	30% completed.	TARGET NOT MET
% applications for policing powers processed within 5 working days of request	100%	100%	TARGET MET

Source: IPID 2013/14 Annual Report

As shown in the above Table, Programme 3 identified a total of six predetermined targets for 2013/14. Of the six targets, only one was reported as achieved, which represents a success rate of 16.6% per cent of its predetermined targets.

The Committee raised its clear concerns about this programme and the fact that it was unable to attain its targets whereas it achieved 100% of its targets in the 2013/14. It was especially concerning in view of the legislative programme of the Committee and the necessary policies and legislation that should be processed in the next financial year. The reason provided for the non-attainment of targets were the lack of filling vacant posts during the financial year.

5. COMMITTEE KEY FINDINGS

The Committee observed a number of areas from the IPID report that needs attention. These include the following:

Under-spending of the budget: The Committee noted seriousconcerns about the under-spending of the Department’s budget by R23.9 million. A great concern was the fact that the financial health of the IPID did not seem to be improving and the Committee wanted to know what the root cause of the under-spending was.

Skills Gaps: The Committee noted the fact that there were material omissions from the Annual Financial Statements which showed that there were skills gaps in IPID and this was picked up by the AG who recommended that staff should be held accountable. The lack of capacity within the financial management section has contributed to the underspending and there has been a lack of consequence management. The Committee wanted assurances that these gaps would be filled urgently.

Contingent Liabilities: The lease agreement between K.E. Sons Investment Company and the IPID has still not been resolved and the Committee noted that the matter has dragged on for a second year and wanted assurances that the matter would be resolved as a matter of urgency.

Irregular Expenditure: The Committee noted its concerns about the irregular expenditure, especially in view of the fact that a large portion it is related to unpaid traffic fines of staff members. This was also picked up and noted by the AG and the Committee expressed its unhappiness with the state of affairs and wanted an investigation into the irregular expenditure.

Vacancies: The Committeewelcomed the fact that some of the Senior Management Service (SMS) vacancies such as the Executive Director and the nine provincial heads were filled. This will provide much needed stability within the management of the Department. However, there remained outstanding management vacancies that the Committee noted should be filled as a matter of priority. This was a matter of emphasis by the AG, as it affected the financial well-being of the department.

Capacity of Internal Audit Unit: The Committee stated that there should be a strong internal audit unit within the IPID. The lack of internal controls and oversight was mainly due to some challenges existing around the capacity of the unit. The Committee also noted that the senior management position in this unit has not been filled. It was pointed out that the IPID’s own Audit Committee has raised the issues of financial management and the Committee wanted assurances that it would not be a recurring issue.

Memorandum of Understanding (MOU) with Department of Public Works: The Committee expressed its unhappiness with the internal arrangements and MOU with the Department of Public Works (DPW) with respect to current assets of IPID. Neither was there an indicator that speaks to the relationship with the DPW and this delays payments and eventually affects the ability of the department to spend its budget within set timelines.

Community Interactions: The Committee noted that there was clear progress with respect to community interactions and the fact that complaints are increasingly registered at public events. The Committee wanted to know if there was a pro-forma complaints form for these events much in the same way that the Department of Home Affairs handles identity book applications at public events. The Committee wanted to know if there are any impact assessments done on the public events conducted by the IPID. It was confirmed by the IPID that there was such a form.

The relationship with the Police Inspectorate: The Committee noted that the IPID must have a better working relationship with the Police Inspectorate to assist with their cases through referrals. In view of both departments doing oversight work over the police it would be natural for greater levels of cooperation.

Service Delivery improvement Plan: The Committee noted that the IPID is developing its expansion plan and its service delivery improvement plan. It requested that the IPID makes further details available to the Committee.

Information Communication Plan: The Committee was concerned about the finalisation of the information and communication technology plan. The delays have financial consequences and it was pointed out that ICT governance was a priority for government.

Predetermined objectives: The Committee noted its disappointment that the IPID was not able to deliver on its targets in two key programmes, namely the Investigations and Legal Services Programmes. The Committee was of the opinion that the shifting of targets for investigators and the 90-day limit for investigators should be re-visited together with the new provincial heads. The Committee was also concerned that the Legal Services Programme did not achieve its targets as a result of the lack of capacity in the unit.

Implementation of IPID recommendations: The Committee noted that SAPS have claimed that it has implemented 84% of IPID recommendations. The picture presented by the IPID showed that of 884 cases referred to the SAPS, there were only 135 disciplinary convictions. This was concerning to the Committee as the IPID members do not as a practice attend the SAPS disciplinary hearings. The Committee was concerned that SAPS was redoing the IPID investigations and wanted assurances that they were implementing the recommendations.

Systemic Corruption: The Committee wanted more information on the investigation of systemic corruption and noted that the IPID did not develop a policy document on what constituted systemic corruption. The Committee wanted to know what types of cases would qualify as cases of systemic corruption and that IPID must draftsuch policy.

Baseline cuts: The Committee was informed of Treasury baseline budget cuts by the Executive Director and noted the resolve to focus on the depth of investigations as a result.

6. COMMITTEE RECOMMENDATIONS

Financial Recommendations

The Committee recommends the following:

The IPID must provide a copy of the financial turnaround strategy of the Department by end of November 2014. The strategy must include measures for IPID to spend its budget effectively and efficiently.
The IPID must fill the necessary vacancies relating to the internal audit and financial environment without delay and report before the end of the financial year.

Administrative Recommendations

The Committee recommends the following:

The Committee recommends that IPID undertake an impact study on the measurement of the community outreach programmes conducted by the Department and provide a report before the end of the financial year.
The Committee recommends that the IPID should fill all vacancies within the organisation as soon as possible and that the IPID should aim to have its vacancy rate below 10%. The IPID must provide a written report before the end of the financial year to explain the manner in which appropriate candidates will be attracted to the Directorate and also the Strategy to fill key vacancies.

The Committee recommends that the Consultative Forum between IPID and the Civilian Secretariat must be held before the end of November 2014 and that a full report be made available to the Committee about the outcomes of such meeting.

The Committee recommends that the Head of Internal Audit must be appointed without further delay and that a report is made available before the end of the financial year.
The Committee encourages the Directorate to improve the gender equity within its Senior Management Structure (SMS) and bring it to 50 % improved gender parity in line with government priorities 2014/15 financial year. The Committee recommends that the Directorate should finalise the Information and Communication Plan as a matter of urgency.

Investigations and Information Management Recommendations

The Committee recommends that the IPID tracks all recommendations to SAPS and follows up on all such recommendations and make available the responses in quarterly reports to the Committee.
The Committee recommends that the IPID must improve its performance on predetermined performance targets, especially within the Investigation and Information Management Programme. The delivery on predetermined targets should be optimised to ensure effective and efficient delivery on Government Priorities. A report is to be made to the Committee on how the IPID intends to improve on its predetermined objectives by end of November 2014.
The Committee welcomes the resolve of the Directorate to focus on the depth of its investigations, in light of baseline cuts to the Directorate’s budget over the MTEF, which halts the implementation of the Directorate’s Expansion Strategy.
The Committee offers its full support to all efforts made by the Directorate to improve its achievement of performance targets, including the revision of the 90 days target for the conclusion of all investigations
The Committee recommends that the Directorate should make a copy of its Service Delivery Improvement Plan (SDIP) available to the Committee by the end of November 2014.
The Committee encourages the IPID to improve its cooperation with the Police Inspectorate and the Civilian Secretariat of Police, especially in terms of the monitoring of the implementation of disciplinary recommendations by the South African Police Service (SAPS) and Municipal Police Service (MPS). To this end the Committee will call a special hearing to discuss these challenges with IPID and the Police Inspectorate on 19 November 2014.
The Committee recommends that the Systemic Corruption Strategic document of the IPID should be finalised before the end of the financial year.

Legal Recommendations

The Committee recommends that all outstanding appointments to the Legal Services programme be made without delay. The IPID must report on such appointments before the end of the financial year in March 2015.
The Committee recommends that IPID attends SAPS disciplinary hearings and report thereon.

7. CONCLUSION

The Committee welcomes the fact that the IPID received an unqualified audit for the second consecutive year, especially considering that it is only the second year in which the IPID functions in terms of theoperationalisationof the IPID Act. The Committee thanked the previous Acting Executive Director for her work in the interim period. The Committee is further cautiously optimistic that the Department will enjoy some managerial stability with the appointment of a permanent Executive Director and the nine provincial heads.

The Committee also encourages the IPID to develop and build stronger ties with the Civilian Secretariat and the Police Inspectorate with a view to strengthening the oversight over the South African Police Services and the MPS and as part of the implementation of the National Development Plan’s objectives

The Committee is of the view that the litmus test for IPID is improved trust in the police services by citizens and a reduction of police criminality and brutality. The Committee therefore support IPID in its plans to strengthen its own internal structures and systems with a view to improving performance and service delivery.

It is requested that the Minister of Police should ensure the implementation of all of the above recommendations.

The Committee wishes to thank all members of the Committee who have assisted in compiling this report through performing their duties in the Committee and all the staff of the Committee.

Report to be considered.