ATC130521: Report of the Portfolio Committee on Police on the 2013/14 Budget Allocation, Strategic and Annual Performance Plan of the Independent Police Investigative Directorate, dated 14 May 2013

The Portfolio Committee on Police having considered Budget Vote 23 of Independent Police Investigative Directorate, reports as follows:

1. INTRODUCTION

The Portfolio Committee on Police considered the 2013/14 Strategic Plan, Annual Performance Plan and Budget of the Independent Police Investigation Directorate on 23 April 2013, as part of its oversight function.

This report comprises an analysis of its key programmes and a summary of key aspects of the Independent Police Investigation Directorate (IPID) budget allocation and strategic objectives, as well as the Committee observations and recommendations.

2. PRESENTATION BY THE DIRECTORATE

The aim of the Independent Police Investigative Directorate (IPID) is to ensure independent oversight of the South African Police Services and Municipal Police Services and to conduct independent and impartial investigations of identified criminal offences allegedly committed by members of the South African Police Services and the Municipal Police and make appropriate recommendations.

The IPID derives its mandate from the Independent Police Investigative Directorate Act (1 of 2011) that was enacted and came into effect on 1 April 2012 to enable the IPID to shift from a complaints driven institution to one that prioritizes the investigation of serious and priority crimes allegedly committed by the South Police Service (SAPS) and the Municipal Police Services (MPS). It also has a greater focus on systemic corruption. The Act also places a stringent obligation on SAPS and the MPS for reporting on matters that must be investigated by the Directorate and the implementation of disciplinary recommendations. The Directorate’s overarching goal is to contribute towards ensuring a police service that trusted by the community and operates in line with the spirit of the Constitution.

2.1 STRATEGIC PRIORITIES

The following are the medium term priorities for IPID:

• Alignment of strategic plans and APP with the IPID Act;
• Investigations of all S28 matters including systemic corruption;
• Alignment of planning, budgeting and reporting frameworks;
• Re-engineering of systems, processes and structure;;
• Reorganisation of functions, reporting lines ,roles and responsibilities;
• Strengthening management and leadership capacity;
• Increasing investigative capacity;
• Training and capacity building;
• Development of performance management systems;
• Development of reporting ,monitoring and evaluation systems
• Strengthening and formalizing stakeholder relations
• Integration and alignment of systems, programmes and structure to enhance the capacity of IPID to deliver on its mandate;
• Continue to focus the Directorate from a complaints driven to investigation driven institution;
• Obtain a Clean Audit;
• Review of delegation of functions in terms of human resource and finance ;
• Influence /feed into policy development within SAPS/MPS; and
• Pilot investigation work into systemic corruption in SAPS

3. BUDGET ALLOCATION AND ALIGNMENT TO ANNUAL PERFORMANCE PLAN

3.1 Overview of Budget allocation

For the 2013/14 financial year, IPID received R217 million, a 3.8 percent real increase from the previous financial year. The investigation and information management programme received the biggest allocation (R124.3 million) mainly increase investigative capacity and access to the directorate’s services. The Administration programmme received the second largest allocation (R88.4 million), and the legal services received R4.3 million. One of the Committee’s key concerns was the misalignment of the budget with the strategic priorities and the organizational structure.

3.2 Summary of allocations and performance information per programme

The department in the previously financial year consisted of three programmes which were made up of Administration, Investigation and Information Management and Legal Services. Its programme structure was changed to include a fourth programme and programmes were reorganized as follows:

o Governance and Stakeholders Management,

o Corporate Services

o Investigation and Information Management

o Legal Services

National Treasury is being engaged on the change in programme structure with a view of aligning the budget to the relevant programme areas.

3.2.1 Programme 1: Administration

The Administration programme was divided into two programmes Governance & Stakeholders Management and Corporate Services each with their own indicators and targets . The Estimate National Expenditure has allocated the budget in terms of one programme. The budget allocated for Administration programme was R 88.4 million.

The purpose of this program is to provide overall management and support services, including strategic support. It consists of executive Support, Corporate Governance, Internal, Finance and Corporate Management Services.

Programme 1: Governance and stakeholder management: the purpose of this programme is to provide leadership and overall management support, as well as stakeholder management to the Directorate. It consists of the following sub-components Executive support, corporate governance, Internal Audit, Financial management and Security services. The 2013/2016 outputs and strategic objectives of programme 1 are directly liked to the following three strategic outcome-oriented goals: the IPID is accessible to the public, the performance management system functions optimally, and re-engineering and re- orgazition of the IPID.

Programme performance

Public Awareness Campaign: The output and strategic objective including indicators has been provided for each area. IPID reported that in terms of the public awareness campaign there will be 306 community outreach events conducted annually.

Performance Management Systems: The vacancy rate is at 13% percent with 45 vacant posts that has not yet been filled. IPID hoped that the number of vacant posts would be reduced to 10%. The percentage of females at senior management level was set at 50%. The employment for the disabled people was at 2% percentage within the medium team targets.

Capacity building: The Human Resource Management Plan would be updated and implemented annually.

ICT Plan and Governance Frameworks: The ICT plan and governmence framework consists of two phases. The first phase would be fully implemented in 20114/15 and second phase in 2015/16. The ICT plan and governance was intended to be approved in March 2014.

Re-alignment of organizational functions and structure: In terms of the feedback reporting regarding the outcomes of investigation provided within 30 days of completion remains at one within the medium term targets.

Staff Establishment: The total number of staff was 349 with 93 at post levels 1-6; 193 at posts levels 7-10. A further 30 were at post levels 11-12 and 33 at post levels 13-16.

3.2.2 Programme 2: Corporate Services

The purpose of this programme is to provide administrative and logistical support through providing corporate management services; information technology communication and marketing services; auxiliary services; human resources management and development services to the Directorate. It consists of the following sub-programmes: Information Communication Technology, Communication and Marketing Services, Auxiliary Services and Human Resource Management & Development Services. The strategic objective of this programme is the development & maintenance of performance management systems. The 2013-16 outputs and strategic objectives are directly linked to the following three strategic outcomes –oriented goals: IPID is accessible to the public, the performance management system operations optimally, and re-engineering and re-organization of the IPID.

Programme performance

IPID proposed the following targets in each performance area: the release of 60 media statements, 12 formal engagements with key stakeholders at national level and 108 at provincial levels., 70% of identified policies would be reviewed by the department annually,, there would be 13 performance monitoring and evaluation reports submitted for all 3 years in the METF period and the number of the financial and strategic reports submitted within the prescribed dates remains at 21 for the same years.

3.2.3 Programme 3: Investigation and Information Management

The purpose of this programme is to coordinate and facilitate the IPID’s investigative processes, and develop policy frameworks that guide investigations. It consists of the following sub-components: Investigations, Information management and Policy development & provincial coordination. The 2013-2016 output and strategic objectives are directly linked to the following strategic outcomes oriented goals 3 and 12 as identified by Cabinet in 2010. One of the strategic goals of this programme is that IPID process cases effectively.

Programme performance

It was reported that in the Case management system IPID intends to register 98 cases received and allocate them within 72 hours of receipt during the 2013/14 year. It intends to repeat this in the following two years of the METF. In terms of the statistical report 18 were targeted to be generated on the number and types of cases investigated and recommendations made. 65% of registered investigation cases of deaths in police custody were to be complemented within 90 days. 65% of case registered cases of investigation of death as a result of police action were also to be completed within 90 days. 55% of registered cases of investigation of discharged of officials fire arms by police officer were to be completed within 90% days. 55% of registered cases of investigations of rape by a police office were to be completed with 90 days. 55% of registered cases of investigation of rape in police custody were to be completed with 90 days. 50%of registered cases of investigation of torture were to be completed within 90 days. 50% of registered cases of investigation of assault were to be completed within 90 days. 55% of registered cases of investigation of corruption were to be completed within 90 days. 100% of disciplinary recommendation reports were to be referred to SAPS/MPS and criminal recommendation reports referred to NPA within 30 days of completion of the relevant investigation. 100% feedback reports regarding outcomes of completed and closed cases would be provided within 30 days.

3.2.4 Programme 4: Legal Services

The purpose of this programme is to manage and facilitate the provision investigation advisory services and provide legal and litigation support. Legal services provide general legal advice to the Directorate over and above providing legal support to the core business investigations and Information Management. It consists of the following sub-components: legal and litigation advisory services and investigation advisory services. Its sub-programmes consists of Legal aid and advisory services which manages the Directorates legal obligations and co-ordinates civil and labour litigation matters, and the Investigation advisory services which provides support during and after investigations.

Programme performance

The performance indicators for the management of the Directorate’s legal obligations show that during the 2013/14 financial year, 90% of contracts and service level agreements are finalized during 30 days of request. This is maintained during the outer years of the medium term. 90% of legal opinions are also provided to the Directorate within 21 days of request. Similarly, 90% of policies are to be reviewed within 21 days of request during the medium term.

In as far as legal advice and guidance to investigators during and after the completion of investigations, IPID reports that it will issue 4 practice notes and directives for 2013/14 and maintain that number until 2015/16. It will also produce 90% of advice to investigators within 24 hours of request and follow up with written advice within 48 hours of request. It will also process 100% of applications for policing powers within 5 working days of request during the 2013/14 year and maintain that during the medium term.

Expenditure on employees would decrease by 24% and expenditure on goods and services would increase by 25%.

4. COMMITTEE FINDINGS/OBSERVATIONS

The Committee made a number of observations but recognized that there were positive areas such as the reprioritizing the core targets and focus areas. There was however a number of capacity concerns.

The Committee raised its concerns regarding the number of vacant posts that has not been filled and emphasized the fact that IPID had never achieved targets. The question was asked that when the vacant posts would be filled. The department reported that 45 vacant positions would be filled within four months.

The Committee noted that most of the satellite stations were located in towns and not in rural areas. The department agreed that the satellite offices were in the cities and further explained the office were allocated based on the availability of areas and the decision were made by department of Public Works. The Committee did not accept that Public Works will decide on behalf of another department. It was reported that in the previous year the provincial heads were requested to conduct an analysis based on the information to represent each district. The decision was taken according to the number of reports which received from each district.

The Committee wanted to be provided with reasons why SAPS failed to respond to IPID regarding recommendations. The Committee noted that this was a critical issue that was not reflected in the IPID indicators and that the engagement with SAPS should feature more prominently on IPID’s targets in the APP.

The Committee also noted that most of the satellite offices were based in urban areas and not in rural communities as is needed. The placement of these offices contributed to the long distances that investigators had to travel, resulting in huge transport costs. In addition there have been a number of service delivery protests and SAPS appear unable to effectively deal with these protests. The presence of IPID at these protests is important.

The ability of IPD to fill vacancies remained a concern. It was noted that all the heads of provincial offices and the executive director posts have not been filled and that this was a problem with respect to the leadership of the IPID. In addition the retention staff appears to be a major problem as staff members leave for greener pastures and the organization had no strategy for retaining staff.

Up- skilling and training of investigators was noted as a major problem with insufficient attention being provided in this area.

5. RECOMMENDATIONS

The Committee recommends the following:

1) The Committee recommended a clear strategy on the establishment of the satellite offices including planning of satellite offices.

2) The low performance indicators provided by the IPID as well as more realistic targets needed to be reviewed.

3) The inclusion of other performance indicators such as engagement with SAPS in the APP regarding compliance to IPID recommendations

4) An immediate plan for the filling of all vacant posts must be implemented as this compromises the ability of IPID to deliver on its mandate.

5) All IPID investigators must receive quality training as a matter of priority in order for them to fulfill their functions effectively.

6) The ICT plan and governance framework of the IPD has not been finalized this should be done and it should be audited.

7) Consideration is given to increasing allocated amounts in the budget for fuel because of long distances travelled by the investigators. The current budget does not make provision for this despite the price of full having dramatically increased.

8) The APP to contain indicators that show the number of cases reported, number cases closed reasons for closure, number of cases to court, and conviction rates of cases investigated and separate indicator must be shown for the Metro Police.

9) The IPID to consider developing a legal contingency liability budget to deal with matters where the ICD are involved in lengthy court cases and reduce the risk to IPID.

10) The Committee urges the Minister to finalize the appointment of the Executive Director and Provincial in order to bring stability to the environment.

11) IPID needs to fill all vacant positions as a matter of agency and develop a proper retention plan.

Report to be considered.