ATC100505: Report on Budget Vote 22 of the Independent Complaints Directorate (ICD) for the 2010/11




The Portfolio Committee on Police examined the Budget Vote 22 of the Independent Complaints Directorate (ICD) for the 2010/11 financial year including projections of the Medium Term Expenditure Framework (MTEF) for 2011/12 and 2012/13 as shown in the Estimates of National Expenditure (ENE). Also examined, was the ICD strategic plan for 2010 - 2013. The Committee reports as follows:





The Portfolio Committee on Police received the following submissions on the budget of the ICD for 2010/11:

·               Overview of the 2010/11 budget of the ICD by the Research Unit     of the Parliament of South Africa

·               Briefing by the ICD on the 2010/11 Budget and strategic priorities for 2010- 2013





The aim of the Independent Complaints Directorate (ICD) is to provide an accessible complaints processing mechanism, and efficient and effective investigation of complaints of deaths, misconduct and criminality allegedly committed by members of the South African Police Service (SAPS) and the Municipal Police Services (MPS), and to make appropriate recommendations.


2.1   Policy Priorities for 2010/11


In terms of the ICD’s Service Delivery Improvement Plan, the ICD’s five key focus areas are:


·               investigating deaths where there were no police involvement;

·               investigating deaths where there were police involvement;

·               investigating offences;

·               investigating misconduct and

·               monitoring the implementation of the Domestic Violence Act by the South African Police and Municipal Police.


The ICD had to reprioritise and manage its resources with due regard to the Government’s call for departments to curb spending and in the light of the global recession. As such, the Directorate’s 2010-2013 Strategic Plan is also more focused in direction and detail than its previous Strategic Plan, with an emphasis on restructuring/re-organising resources and processes within the ICD to enable it to carry out its mandate more effectively. These changes, including legislative changes, are also aimed at addressing “critical matters” identified in Parliamentary reports.


With the appointment of a permanent Executive Director for the ICD in August 2009, and restructuring of the ICD to carry out its mandate more effectively, it has been decided that the communications function within the ICD will relocate to the office of the Executive Director. This will also assist in formalising and streamlining communication between the ICD and the Secretariat. In addition, Programme 3: Information and Management and Research will be integrated into Programme 2: Complaints Processing, Monitoring and Investigation, and Legal Services will become a fully-fledged third programme.


It is also envisaged that legislation will be introduced in 2010 to strengthen the ICD to more effectively deliver on its mandate; and to bring about a certain level of independence (if not total and complete) from the SAPS. Envisaged legislative changes will also include extending the mandate of the ICD to:


·               focus on “more serious and priority crimes” committed by SAPS members;

·               improve the management structure of the directorate;

·               improve  reporting and accountability practises in the directorate;

·               establish a formal liaison capacity between the ICD and the Secretariat of Police;

·               enforce compliance by SAPS of recommendations made in respect of SAPS members.


Over the medium term the ICD has set targets to finalise 65 percent or 470 of investigations of deaths in police custody or as a result of police action in 2010/11 and 2011/12 and 70 percent or 480 in 2012/13. Targets for finalising investigations of criminal offences have been set at 55 percent in 2010/11 (representing 1100 matters) and 2011/12 (representing 1150 matters) and will be increased to 1200 or 60 percent in 2012/13.


In addition, the Directorate plans to decrease backlogs to not more than 10 percent of the previous year; increase attendance of crime scenes by 90 percent; register and allocate all complaints within 48 hours and complete all applications for referral within 30 days.















3.             BUDGET ANALYSIS


In the 2010/11 financial year the ICD receives an increased budget of R129.3 million which represents a R12.8 million nominal rand increase; or a R4.7 million real rand increase from the R116.5 million appropriated in 2009/10. In percentage terms the budget reflects a nominal increase of 10.99 per cent and a real increase of 4.02 per cent.








Nominal % change

Real % change

R million





2009/10 - 2010/11

2009/10 - 2010/11








12.84 per cent

5.75 per cent

Complaints Processing, Monitoring & Investigation







13.21 per cent

6.11 per cent

Information Management & Research





-  0.3

-  1.3

-1.86 per cent

-8.03 per cent








10.99 per cent

4.02 per cent



3.1     Programme allocations


Budget Vote 22 has only three programmes, namely: Programme 1: Administration; Programme 2: Complaints Processing, Monitoring and Investigation; and Programme 3: Information Management and Research. The biggest allocation (R63.4 million or 49.03 per cent) goes to Programme 2 which is responsible for the ICD’s core business, namely investigating deaths in police custody or as a result of police action; and investigating criminal offences and serious misconduct complaints against SAPS and Metro Police members. As a percentage of the total budget, Programme 2’s allocation is only slightly higher than its percentage of the Budget Vote (48.1 per cent) in 2009/10, to the current 49.03 per cent. Programme 1 is allocated 38.7 per cent of the 2010/11 Budget (compared to 38.1 percent in 2009/10). The remaining 12.2 per cent is allocated to Programme 3 which shows a decrease from the previous Budget’s allocation of 14 percent.



3.2     Future Programme shifts


It is envisaged that Programme 3 will be integrated into Programme 2, and Legal Services (currently a sub-programme under Complaints Processing, Monitoring and Investigation) will become Programme 3. According to the 2010 Estimates of National Expenditure the revised priorities will necessitate a dedicated legal services programme to provide legal opinions to investigators and will improve service delivery and speed up investigations. The ICD indicated on 4 February 2010 that the Research function will in future be moved to the Secretariat of Police. The Secretariat will conduct research based on statistics contained in the ICD’s information database on “cases of police brutality and criminality”. In addition, the Secretariat will also take over the station audits, cell inspections and the monitoring of compliance by the Police with Domestic Violence Act provisions and reporting thereon to Parliament. The reprioritisation is aimed at strengthening the co-operation between the ICD and the Secretariat of Police in order to ensure the “effective monitoring” by the Police of the implementation of ICD recommendations to the Police. However, the ratio of the total police population in relation to ICD capacity (287 funded posts of which 13 are vacant) is still extremely low when considering that the police population was said to be 185 275 in November 2009 and is expected to grow annually by 10 per cent.



3.3     Expenditure estimates


The allocation to Current Payments has increased by R11.8 million from R114.2 million in 2009/10 to R126 million in 2010/11. Current Payments include Compensation of Employees (which increased by R7.6 million from R66.5 million to R74.1 million); and Goods and Services (which increased by R4.2 million from R47.7 million to R51.9 million). All increases in the Current Payments allocations are lower when compared to the increases received in 2009/10.


Overall, expenditure is expected to increase over the medium term at an average annual rate of 9.4 percent to R152.4 million to make provision for the increased salaries of investigators; increases in investigative capacity; and the appointment of staff to the newly established asset management unit at the ICD head office. On average, salaries will increase annually by 10.8 percent; and expenditure in this regard is expected to grow from R66.5 million in 2009/10 to R90.4 million by 2012/13. Additional allocations of R2.2 million in 2010/11; R4.6 million in 2011/12 and R5.8 million in 2012/13 will be given to the ICD to strengthen support services; and to make provision for salary adjustments and the allocation of 3 additional administrative personnel in 3 provincial offices. The ICD has 287 funded posts, earmarked for Programmes 2 and 3; and 190 of these posts are located in provincial offices. Less funding has been given to Administration which resulted in post levels being downscaled.





4.1     Programme 1: Administration


Administration received 38.7 percent of the total budget allocation of R129.3 million. This programme, being the second largest programme, grew from R44.4 million in 2009/10 to R50.1 million in 2010/11, signifying a growth of R5.7 million (12.84 percent) in nominal terms and R2.6 million (5.75 percent) in real terms. The allocations for the three sub-programmes under Administration are: Management (R9.9 million), Corporate Services (R32.1 million) and Office Accommodation (R8.1 million). Although Current Payments has once again increased compared to 2009/10, the increase of R5.3 million is significantly less than the previous R11.6 million. Compensation of Employees increased by R 2.6 million and Goods and Services by R2.7 million. The increase in the Management sub-programme is due to staff increases in the office of the Executive Director to provide for the relocation to this office of the communications/liaison functions.



4.2     Programme 2: Complaints Processing, Monitoring and Investigation


Complaints Processing, Monitoring and Investigation received the largest portion of the ICD budget, namely R63.4 million or 49.03 percent. In real terms the programme increased by R3.4 million (6.11 percent), while the nominal increase was R7.4 million or 13.21 percent. The sub-programme Complaints Processing, Monitoring and Investigation received R 61.8 million or 97.4 percent of the allocation as it is responsible for the ICD’s core business, namely the receipt, registration, processing and investigation of complaints of deaths in police custody or as a result of police action, and complaints of misconduct and criminality. According to the 2010 Estimates of National Expenditure funding is distributed according to the number of personnel and cases. Compensation of employees increased by R4.2 million, much more significantly than the previous increase of R1 million.


It is expected that expenditure on capital assets will increase by 33.1 per cent to provide for the purchase of bulletproof vests, and computers for use in the field.


In terms of the current budget the sub-programme Legal Services gets R1.7 million rand or 2.68 percent of the programme allocation (an increase of 0.1 per cent). This sub-programme is currently responsible for providing legal advice to ICD officials on the ICD’s mandate. It was previously indicated that Legal Services will become a fully-fledged programme on its own (Programme 3) with some of the functions to be moved to the Secretariat of Police; and the expansion of the investigative mandate of the ICD to focus on more serious crimes. The funding in the next budget for Legal Service is thus expected to increase dramatically to provide for the increased impact on Legal Service to secure a “dedicated legal services programme to provide legal opinions to investigators”, and will help to improve service delivery and speed up investigations.










4.3     Programme 3: Information Management and Research


The Information Management and Research Programme received R15.8 million of the 2010/11 budget or 12.22 per cent, which represents a 1.6 per cent decrease compared to the 2009/10 allocation. In real terms the allocation decreased by R1.3 million or 8.03 percent; and in nominal terms this amounts to a decrease of R 300 000 or 1.86 per cent. The Programme consists of two sub-programmes, namely Research (which received R1.6 million) and Information Management System which received the largest allocation of R14.1 million. On average expenditure in this programme is expected to grow annually over the medium term by 6.2 per cent to reach R19.3 million in 2012/13 due to increased spending on employee compensation. It is not certain how the expected relocation of this function to the Secretariat of Police will impact on the medium term projections which are mainly linked to employee compensation.


The Information Management System sub-programme is also expected to show increased spending over the MTEF to provide for “more thorough data management, a streamlined linkage to government’s online portals and the gateway e-government project, improved knowledge management and high quality reports”. Over the medium term the focus area of this programme will be on maintaining the ICD’s electronic information system and update the case management system. An improved case management system will assist the ICD in achieving better results at addressing case backlogs and speeding up the finalisation of serious crimes in terms of the reprioritised investigation focus areas. 





The Committee raised questions as follows:


5.1     Programme 1


·         Staff Suspensions 


The disciplinary enquiries of managers and staff members take some time to complete, due to the fact that the ICD depends on external experts to assist with the chairing of disciplinary enquiries or to deal with appeals.


Furthermore, the seriousness of the allegations of misconduct is determined by the preliminary investigation into the allegations of misconduct. Suspensions therefore depend on the complexity of the allegations and the period of time required to finalise the disciplinary processes.






·         Medical Aid Scheme


The ICD does not have a medical aid scheme per se. ICD employees are members of the Government Employees Medical Scheme (GEMS), or of other medical schemes available in the market.


·         The National Head Office Building


The ICD is currently in consultation with the Department of Public Works to finalise the allocation of space with a view to the refurbishment of the building that has been identified as the new National Head Office Building. It is anticipated that the Directorate would be moving to the new building by May 2010.



·         The ICD Retention Strategy and Vacancies


The planned reduction of 10% with regard to the vacancy rate was determined on the basis of the fact that the ICD is not always able to retain staff members due to the flatness of the departmental structure, as well as the fact that the Department cannot match the salaries offered by other government departments and the private sector.  Virtually all 16 vacant positions have been vacant for a period not exceeding three months and the ICD is in the process of filling these vacancies.



5.2     Programme 2


·         Why does the SAPS fail to notify the ICD of deaths in police custody or as a result of police action?


Of late there have been only isolated incidents of failure to report deaths in police custody or as a result of police action. There are, however, measures in place recommending disciplinary action in the event where the SAPS fails to notify the ICD of such deaths. 


·         Where should the public report other cases of abuse?


The ICD will, as a matter of priority, investigate all cases of criminality and the Department will pay particular attention to complaints of a serious nature. Complaints of a less serious nature, such as service-related complaints, will be referred to the relevant police station, the Secretariat or the Provincial Commissioner’s Office for investigation, while the ICD monitors progress of the investigation.


·         Clarify the problems encountered with state mortuaries and explain how the ICD intends addressing these problems.


The ICD plans to engage the Department of Health with a view to developing a Service Level Agreement, which will regulate the relationship between the two departments as it relates to the execution of the ICD’s mandate.



·         In view of its geographical location, why is there a need for a satellite office in Gauteng?


Due to the number of complaints reported to the National Office by people from Pretoria and surrounding areas, it will be necessary to establish a satellite office, which will operate separately from the National Office, which mainly deals with policy issues. A satellite office, situated in Pretoria for example, would improve the response time of investigators to a crime scene, especially during peak hours. Provincial managers also gave their input regarding the preferred location of satellite offices. Mpumalanga, for example, identified Kwamhlanga (Highveld) and Ermelo (Eastern Highveld) as locations for its satellite offices.


·         With regard to the Monitoring and Evaluation Committee: Is the functioning of this Committee an ongoing process, and could the use of information communication technology (ICT) not assist with the monitoring process?


ICT is most definitely used to assist with the monitoring of performance on a monthly and quarterly basis. There is, however, a need to perform a physical inspection of files, so as to ensure compliance with the Standard Operating Procedure. This can only be done by a perusal of hard-copy files in the provinces. The provincial heads also play an important role in the monitoring of performance and in compliance with the Standard Operating Procedure.


·      Why are some of the investigators expected to share investigation equipment?


A period of three years has elapsed since the ICD last procured any investigation equipment, resulting in investigators, who were appointed during this period, having to share equipment. To overcome this obstacle, the ICD will, in future, ensure that equipment is procured for every newly appointed investigator.


·      Does the ICD experience delays with the processing of forensic reports by the Forensic Services Laboratory?


The ICD is affected by the workload of the Forensic Services Laboratory. However, a good working relationship has been established between the ICD and the Laboratory, which enables prioritisation of some high-profile cases. The forensic evidence in respect of such high-profile cases receives priority.





5.3     Programme 3

·      Why is the allocation of cases done at National level and not at Provincial level?

The allocation of cases is actually done at provincial level. The National Office, however, monitors whether or not performance targets have been met.

·         What is the purpose of the ICD’s research projects?

The ICD’s research projects focus on research related to police misconduct, which represents an area that falls within the ICD’s current mandate. It is expected of the ICD to propose solutions to some of the policing problems identified during investigations. Research therefore facilitates the identification of problems and the proposal of solutions to specific problems.

·         When conducting station audits, does the ICD pay return visits to the stations that were audited during the previous year to establish whether the stations have implemented the ICD’s recommendations?

The ICD is committed to the effective implementation of the Domestic Violence Act (DVA). A plan of action was devised to audit all police stations in the country before the cycle is repeated. Subsequently no station was audited more than once during the period July to December 2009. The SAPS website indicates that there are currently 1 114 police stations nationally. The ICD’s target for the 2009/10 financial year was to audit at least 200 stations. During the period July to December 2009, the ICD audited 241 police stations and, in so doing, already exceeded the target set for the financial year in question. Audit reports are sent to the station commissioners following each visit and follow-ups are carried out by means of reports, compiled by the station commissioners, to establish whether the ICD‘s recommendations have been implemented.

·         Why is the ICD still allowing exemptions with regard to the SAPS in terms of the DVA?

The Domestic Violence Act and the National Instruction on the DVA stipulate the procedure in dealing with non-compliance cases.  In short, the police are required to take disciplinary action against any non-compliant member or, in instances where they believe there are no valid reasons for non-compliance in applications to the ICD for exemption from prosecution. The ICD, in turn, can exempt members in instances where a valid explanation for non-compliance is offered. In order for the ICD to consider an application for exemption, the relevant documentation, such as affidavits, should be attached to the application. In other words, it is not the ICD, but legislation that provides for the exemption of police officers where a valid explanation for non-compliance is offered.

·         How do you raise awareness of the ICD in rural and urban areas?


The ICD has offices in all nine provinces, as well as six satellite offices around the country. The non-availability of ICD branch offices in the various local government areas in the provinces represents a challenge and it makes it difficult for the majority of the population who live in the rural areas to have easy access to the ICD. Hence, the focus of the ICD’s community outreach programmes during the 2010/11 period will be on rural areas.


5.4     Finance


·         What process needs to be followed to obtain funding and what’s the reason for the ICD’s application for more being rejected while the SAPS gets extra funding?


Government departments were requested to submit their expenditure estimates and data bases to the National Treasury by 24 July 2009 for the 2010 Budget allocation. Inputs were received from all the responsible managers and these were consolidated into one document.  Options for additional funding were identified and these were communicated to both the Minister and the National Treasury.  During August 2009, government departments were requested to reconsider their requests for additional allocations and to reprioritise and apply cost-cutting measures so as to curb expenditure. The ICD adhered to this request from the National Treasury, but also highlighted the fact that it was becoming increasingly difficult to attain the set objectives while, at the same time, improve financial control and compliance. 


Normally, the budget process also comprises of MTEF hearings, where the Accounting Officer and programme managers have to motivate the inputs that they have put forward for additional funding.  Following cabinet meetings and taking into account Cabinet’s priorities, an allocation was made to the ICD.


·         Why does the future funding needs fail to reflect the new ICD legislation?


Due to the fact that the new legislation is still in progress, it cannot be included in future funding needs within the MTEF cycle.


·         Why is there an increase for only two years in Programme 2 and not for the third year?


Additional funding is only provided within a three-year cycle – hence the MTEF period. The increase in terms of Programme 2 started in the previous year (2009/10) of the MTEF cycle and therefore the significant increase to the ICD’s budget comes to an end at the end of the third year – i.e. 2011/12. Therefore, it is only the remaining two years of the MTEF 2009/12 cycle that reflect the increase.



·         To which provinces will the three additional staff members be allocated?


Programme 1 was given a small increase in its budget, with the result that funds may allow for expanding the support staff structure in the following three provincial offices: Limpopo, the Free State and Mpumalanga.






The Portfolio Committee on Police supports the budget allocation of the Independent Complaints Directorate for 2010/11 and the 2010 MTEFand recommends that Budget Vote 22 be passed. The Democratic Alliance (DA) abstained.


Report to be considered.



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