ATC131025: Budget Review and Recommendation Report of the Portfolio Committee on Police on the 2012/3 Annual Report Plan of The Department Independent Police Investigative Directorate on 22 October 2013.

BUDGET REVIEW AND RECOMMENDATION REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON THE 2012/3 ANNUAL REPORT PLAN OF THE DEPARTMENT INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE ON 22 OCTOBER 2013.

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

1.         INTRODUCTION

The 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 Metropolitan 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. In the overview presented by its acting Executive Director, IPID reported that there was serious misalignment of planning and budgeting process within the institution. The budget was also misaligned to the needs of IPD and there was misallocation of funds. The IPID did not undertake a full costing of the implementation of the IPID Act and there was no change management strategy.

The IPID applied for virements during the annual adjustment period and reprioritized funds from the Goods and Services account to Compensation of Employees. All of the approved posts have been funded and will be filled by the end of the financial year. A moratorium has been placed on overtime for Programmes 1 and 3. The Department has cut down on consultants, cut down on travel, accommodation and subsistence and is currently reviewing the transport policy.

IPID did not succeed in filling all the senior management positions in all the provinces and an Executive Director has not been appointed for the Department. As a result of these delays, it did not spend its budget. There were also delays with the procurement of offices and furniture. There was over-budgeting for the leases of Head Office.

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

·         Section 5: provides for committee observations and recommendations

2.         OVERVIEW OF STRATEGIC PRIORITIES

The following priority areas were identified in the Directorate’s 2012-2013 APP:

·         Strengthening of national and provincial management;

·         Improve reporting and management accountability;

·         Develop policy, reporting frameworks and standard operating procedures to regulate investigations;

·         Report and monitor recommendations that are made in respect of members of the SAPS and MPS and;

·         Expand corporate governance, performance monitoring and evaluation and internal auditing.

The following are the medium term priorities for IPID:

·         Alignment of planning, budgeting and reporting frameworks;

·         Re-engineering and re-organization;

·         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;

·         Training and capacity building;

·         Development of performance management systems;

·         Development of Monitoring and Evaluation tools;

·         Obtain Clean Audit;

·         Stakeholder management;

·         Review of delegation of functions in terms of human resource and finance ;

·         Influence /feed into policy development within SAPS/mps; and

·         Pilot investigation work systemic corruption

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
196 961	197 898	171 449	26 449

Source: IPID 2012/13 Annual Report

The main appropriation budget for the 2012/13 financial year amounts to R196, 9 million with the adjusted appropriation totalling R 197, 8 million while the actual amount spent is R171, 4 million. IPID materially underspent its budget to the tune of R26 million rand. 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 (2011/12), IPID underspent by only R2000.

Virements : No virements were implemented after the adjustment period in October 2012/13.

An amount of R6.681 million was shifted from Programme 1: Administration (Goods and services) to Programme 2: Investigation and Information Management (Compensation of employees) in the 2012 Adjusted Estimates of National Expenditure. It should be noted that this virement was 7.2% (just under the 8% benchmark as defined by legislation and National Treasury Regulations). The Acting Executive Director had informed the Portfolio Committee that they would approach National Treasury for this virement in the Adjustment period and this was supported by the Committee in the 2012/13 BRR Report.

Shifting of funds: Some shifting of funds occurred in the 4th quarter (within Programmes) mainly from:

·         Goods and Services to Transfers and Subsidies (Households) in Programme 1: Administration (over R2 million).

·         Goods and services to Compensation of Employees in Programme 2: Investigation and Information Management (about R1.2 million).

·         Compensation of Employees to Goods and services in Programme 3: Legal Services (about R300 thousand).

3.1. Programme expenditure

Programme expenditure for the 2012/13 financial year is as follows:

Programmes

Final Appropriation R’000

Actual Expenditure

R’000

%spent at March 2013

Variance

Administration	86 526	70 258	81%	19%
Investigation and Information Management	105 967	97 009	92%	8%
Legal Services	5405	4182	77%	23%
Total	197 898	171 449	86.6%	13.4 %

Source: IPID 2012/13 Annual Report

Programme 1: Administration

The Administration Programme had a final appropriation of R86, 526 million and an actual expenditure of R70, 258 million amounting to 81% expenditure of the budget. The amount underspent was 19% or R16 268 million of the main appropriation. One of the reasons put forward for the under-spending in this programme was the failure of the IPID to fill vacancies.

Programme 2: Investigation and Information Management

The Investigation and Information Management programme had a final appropriation of R105, 967 million and managed to spend R97, 009 million or 92% of its budget. This programme underspent its budget by 8% and the reasons for the under-spending is attributed to its failure to implement its satellite offices, furniture for those offices and the appointment of provincial heads.

Programme 3: Legal Services

The Legal Services Programme had the greatest under-spend of all three programmes amounting to 23% of its budget. The programme had a final appropriation of R5, 405 million and spent R4, 182 million. The main reason for the under-spending relates to two senior managers acting in different programmes and being paid acting allowances.

3.2. Spending by Economic Classification:

Spending on Compensation of Employees: An amount to the value of R103, 4 million was appropriated for this economic classification during the adjustment period. An amount of R880 thousand was shifted to this Programme after the adjustment period again, resulting in a Final Appropriation of R104, 3 million. Only 92% of this Final Appropriation was spent (R95.993 million) resulting in a under expenditure amount of R8, 293 million.

In terms of a breakdowns of spending on Compensation of employees (which includes Salaries and Wages; and Social Contributions) the following can be noted:

·         Payment for Basic salaries increased from R50.877 million in 2011/12 to R61.853 million in 2012/13.

·         Service Based awards increased from R15 000 in 2011/12 to R337 000 in 2012/13.

·         Compensative/circumstantial payments increased from R3.877 million in 2012/13 to R6.354 in 2012/13.

Spending under Goods and Services: Only 82% of the Final Appropriation for Goods and services was spent at the end of the 2012/13 financial year.

Spending on Goods and Services even decreased slightly from R70 990 million in 2011/12 to R69 962 million in 2012/13. This decrease was attributed, in part, to delays in filling nine Provincial Heads and Programme Managers vacant posts - which in turn affected procurement of office IT equipment and furniture.

In terms of line item increases in Goods and Services the following can be noted:

·         Advertising: R1.626 million spent in 2012/13 (compared to R789 thousand in 2011/12).

·         Fleet services: R7.203 million spent in 2012/13 (compared to R5.586 million spent in 2011/12).

·         Travel and subsistence: R20.619 million spent on 2012/13 (compared to R15.723 million in 2011/12).

·         Computer services: R7. 358 million spent in 2012/13 (compared to R7 011 in 2011/12.

The IPID is currently subject to an investigation of its City Power building by the Special Investigative Unit (SIU) on the lease arrangements of its National Office. This investigation is part of a broader investigation relating to procurement irregularities in the Department of Public Works. While expenditure on Consultants, Contractors and Agency/Outsourced Services remained relatively stable at R1.8 million in comparison to 2011/12, it should be noted that:

·         Spending on Legal costs (within this category) increased in 2012/13 to R715 000 in comparison to R193 000 in 2011/12.

Spending on Machinery and Equipment: Only 54.5% of the Final Appropriation for Machinery and equipment was spent at the end of the 2012/13 financial year. This final expenditure for 2012/13 of R3.345 million was also less than the R4.351 million spent in 2011/12.

R2.446 million was spent on Computer Equipment in 2012/13 and R857 000 on Furniture and equipment. No money was spent on Vehicles.

3.3.            Irregular, Fruitless and Wasteful Expenditure and Contingent Liabilities

Irregular Expenditure : The Department identified three transactions which were reported as irregular and also disclosed in the disclosure notes. All the reported cases require various actions which the Department has already instituted. The cases involve the following:

·         Exceeding the financial delegation limit (two cases) to the value of R274 000 and R398 000 respectively.

·         Leave without approval (one case) to the value of R4 000.

An amount of R923 000 is awaiting condonation (of which the R274 000 is included). This is an increase from the 2011/12 financial year.

Fruitless and wasteful expenditure: An amount of R2 000 was identified and reported as fruitless and wasteful expenditure in 2012/13 due to traffic fines that were issued to officials using rented vehicles. These funds will be recovered from the affected officials.

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).

The Committee was concerned about the liability claims by the company.

3.4. Report of the Auditor General

The Directorate received an Unqualified Audit report from Auditor-General (AG) for 2012/13 with one emphasis of matter. This emphasis of matter referred to material under spending of the budget. For the financial year 2012/13 the Directorate had a material under-spending amounting to R26 million of the vote.

The AG also made the following findings:

A. Predetermined Objectives: Performance targets were not specific. A total of 29% of the targets selected for audit purposes were not specific in clearly identifying the nature and the required level of performance. In addition, performance targets were not measurable. The required performance could not be measured for 29% of the targets.

B. Compliance with laws and regulations: there was a lack of compliance. The financial statements submitted for auditing were not prepared in accordance with the prescribed financial reporting framework as required by section 40 (1) (b) of the PFMA.

C. Expenditure management: sufficient appropriate audit evidence could not be obtained that contractual obligations and money owed by the Department were settled within 30 days or an agreed period.

D. Human resource management and compensation: funded vacant posts were not filled within 12 months as required by Public Service Regulations. More so, employees acted in higher vacant posts for more than 12 months in contravention of Public Service regulation I/VII/B.5.3

E. Leadership: the accounting officer did not always exercise oversight responsibility in regard to proper processes in place to ensure compliance with laws and regulations. Developed action plans to remedy control deficiencies reported were not fully implemented and monitored

F. Financial and performance management: management did not adequately review and monitor compliance with applicable laws and regulations to prevent non-compliance

Response by the Department

The Department indicated that the amount was for the building in Vermeulen occupied by the IPID prior to it moving national office. There was no settlement agreement and the claimant argued that an agreement was reached with a previous official who no longer works for the Department.

One of the key issues raised by the Committee was how the budget for staff could have increased when there were no appointments and filling of vacancies in the Department. The Department also indicated that the salary increases of 7% for levels1-12 was approved by the Department of Public Service and Administration. The IT manager was appointed in May 2013 after the position was vacant for a whole year.  The Department reported that it filled vacancies from levels 2-12, but had difficulty filling vacancies from level 13 upwards.

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)

·         Investigation and information management (Programme 2)

·         Legal services (Programme 3)

However, according to the 2013-2018 Strategic Plan, the IPID is currently involved in a process of organisational review to ensure alignment of its functions and/or activities, priorities and programmes to the provisions of the IPID Act. The re-engineering and re-organisation of the Directorate will mean organising its activities into the following four (4) functional programmes:

·         Programme 1: Governance and Stakeholder Management

·         Programme 2: Corporate Services

·         Programme 3: Investigation and Information Management

·         Programme 4: Legal Services

4.1. Programme 1: Administration:

Adjusted Estimates R’000	Virement R’000	Final Appropriation R’000	Actual Expenditure R’000	Variance %
86 526	0	86 526	70 258	19%

Source: IPID 2012/13 Annual Report

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

·         Executive Support

·         Corporate Governance

·         Internal Audit

·         Finance

·         Corporate management services

Key outputs (strategic objectives) of the programme include:

· Public Awareness Campaigns : Campaigns that increase public awareness of the provisions of the IPID Act, the Directorate’s functions and the utilisation of its services.

· Stakeholder Management: Regular engagements with and reports to key stakeholders, including the SAPS, MPS, Civilian Secretariat for Police Services and other relevant Government and Civil Society Organisations.

· Policies and Guidelines: That informs the standard operating procedures in support of the IPID mandate; and ensures 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

Performance Indicator	Baseline 2009/10	Target 2012/13	Actual 2012/13
Up to date policies and guidelines	% of policies reviewed by the Department’s Policy review Committee	31% of policies reviewed 15 out of 31 Policies reviewed	TARGET NOT MET Some policies were not reviewed because of capacity constraints
% Vacancy Rate	Below 10%	45 vacancies out of 349 posts resulting in a 12.3% vacancy rate	TARGET NOT MET Non filling of 10 Chief Directors and the Executive Director posts have been vacant since April 2012
% of females at senior and top management levels	50%	40% of females occupy senior and top management positions	TARGET NOT MET Non filling of 10 Chief Directors and the Executive Director posts have been vacant since April 2012
% of staff complement consisting of  people with disabilities	2%	4 out of 349 filled by people with disabilities amounting to 1 %	TARGET NOT MET

Source: IPID 2012/13 Annual Report

The Administration Programme had 10 targets of which it achieved six giving it a 60% success rate. It did not meet targets in the following areas:

· Up to date policies and guidelines : 100% of Policies reviewed by departmental Policy Review Committee. The Directorate only managed to complete 31% of policy reviews (15 out of 49 policies were reviewed). This is a deviation of 69 % from the planned target.

· Performance Management System : Below 10% vacancy rate. 45 posts out of 349 were vacant, resulting in a vacancy rate of 12.9%. There was non-filling of 10 Chief Director posts that have been vacant since 01 April 2012 and the Executive Director post that has been vacant since 16 August 2012 has also increased the vacancy rate. The target of 50% females at senior and top management level was also not met. Only 40% of senior positions were occupied by females during the reporting period (8 out of 20 senior positions are filled by women). The target of ensuring that 2% of staff complement consists of people with disabilities was also not met. Four out of 349 posts were filled by people with disabilities, amounting to 1% of staff

Human Resource issues:

The total approved staff establishment for 2012/13 was 349 posts of which 304 were filled resulting in 45 vacant posts and a vacancy rate of 12.9%. Per Programme, vacancies were manifested as follows:

Administration: 12.2% vacancy rate (17 vacant posts).

·         Investigations and Information management: 13.9% vacancy rate (28 vacant posts).

·         Legal Services: No vacant posts.

The highest vacancy rate of 42.4% is in Senior Management (14 out of 33 SMS posts vacant) and the second highest vacancy rate of 12.8% is in highly skilled supervision (12 out of 94 posts vacant). The highest turnover rates were in the Senior Management Service (SMS) levels. The majority of the 33 staff members that left IPID in 2012/13 were transferred to other public service departments (19), 13 resigned and one person died.

4.2. Programme 2: Investigations and Information Management

Adjusted Estimates R’000	Virement R’000	Final Appropriation R’000	Actual Expenditure R’000	Variance %
105 967	0	105 967	97 009	8%

Source: IPID 2012/13 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: a system 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.

· Feedback reports on investigation: feedback letters to complainants, victims and referral authorities regarding the outcome of investigations.

The Programme had total of 7 predetermined targets for 2012/13. Of the 7 targets, 5 were achieved, which represents a success rate of 71.42 per cent of its predetermined targets. Thus, 2 out of the total of 7 predetermined targets were not achieved. The targets not achieved were:

· Case Management System: 95% (5 995) of cases allocated within 48 hours of registration. IPID only managed to register 86% (5 779 cases) and allocated them within 48 hours out of 6 728. With regard to a number of statistical reports generated and the number and type of cases investigated, recommendations made and the outcomes thereof, 18 out of 19 were generated.

·         It should however, be noted that even though the Target for Percentage of Investigations completed within the financial year was assessed by IPID as Target Met, the fact is that the target for 2012/13 was merely to determine a baseline to be used going forward in the outer years. IPID only achieved the performance of 54% of investigations completed in the financial year (only 3 963 cases were completed out of a case load of 7 277 cases).

Output

Indicators

Target

2012/13

Actual 2012/13

Case Management System	Percentage of cases allocated within 48 hours of registration	95% (5 995)	86% (5 779 cases registered and allocated within 48 hours out of 6 728) Target not met due to increase workload and due to the reporting obligation by SAPS
	Number of statistical reports generated on the number and type of cases investigated, recommendations made and the outcomes thereof	19	18 reports generated Target not met . Due to management decision on the interpretation of IPID legislation, that only one half yearly report is required
Completed Investigations	Percentage of all investigations completed within the financial year	Determine baseline and set targets for the outer years	54% (3 963) completed out of a total workload of 7277 Target met. Baseline determined in outer years
	Number of backlog investigations (excluding cases of systemic corruption	656	236 Target met. Backlog cases are less than the target thus the target has been exceeded
Recommendation Reports	Disciplinary recommendation reports generated within 30 days of completion of investigations	All completed cases	1040 recommendation reports out of 1040 completed cases Target met. Disciplinary recommendations generated within 30 days on all relevant completed cases
	Criminal recommendation reports generated within 30 days of completion of investigations	All completed cases	1088 out of 1088 completed cases Target met. Criminal recommendation reports generated within 30 days on all relevant completed cases
Feedback reports on investigations	Feedback reports regarding the outcome of investigations provided within 30 days of closure thereof	All closed cases	1 267 reports out of 1 267 closes cases Target met . Feedback reports done on all closed cases

Cases

IPID received 6 728 cases and carried over 549 cases, resulting in a workload of 7 277 cases. A total of 165 of the 6 728 cases involved members of the Municipal Police Services.

·         Of these 7 277 cases 3963 or 54% were completed during 2012/13.

·         Only 86% of the 6 728 cases received were allocated within 48 hours (against a target of 95%).

Provincial breakdown of Case Loads

Most cases and notifications were received from Western Cape (1640) followed by Gauteng (1139) Free State (1010), Eastern Cape (708) and KwaZulu-Natal (KZN) (772).

Increased caseloads were marked in Eastern Cape (102% increase in cases); Western Cape (91% increase in cases); Free State (80% increase in cases) and KZN (60% increase in cases).

·         Decreased case loads were notable in Gauteng and Northern Cape (both 21% decrease in cases) and Mpumalanga and North West (17% decrease in cases).

·         The highest number of cases NOT allocated within 48 hours was in Western Cape (596 not allocated and 1044 allocated).

·         The provinces with the LOWEST number of completed cases as percentage of total workload were Western Cape (35%) followed by KZN (36%) and Gauteng (42%).

·         The majority of the cases received in 2012/13 were Torture/assault cases (4181); 750 were other criminal matters; 670 were complaints of discharge of official firearms; 431 cases were deaths as a result of police action and 275 cases were deaths in police custody.

·         Completion rates for all criminal offences (excluding death cases) were 53% in total. Lowest completion rates were in KZN (31%), followed by Western Cape (32%) and Gauteng (42%)

Deaths in police custody and as a result of police action:

·         431 cases of deaths as a result of police action were received. The two provinces with high number of reported cases of deaths as result of police action were Gauteng (118 cases) and KZN (102 cases).

·         The highest increase in the number of deaths as a result of police action occurred in the Northern Cape (60%). In total, the number of incidents of deaths as a result of police action decreased by 12% in comparison to 20111/12.

·         275 cases of deaths in police custody were received. High number of deaths in police custody was recorded in Gauteng (52) and KZN (44).

·         The highest increase in deaths in police custody occurred in North West (156% increase) and Limpopo (89% increase). Deaths in police custody increased by 19% in comparison to 2011/12.

·         62% of all deaths in police custody and as a result of police action cases were completed in 2012/13. Lowest completion rates were in Gauteng (39%) and KZN (55%).

Rape by police officials and rape in police custody:

·         146 cases of rape by police officials were received in 2012/13. The province with the highest number of cases was Western Cape (37) followed by Gauteng (27). Of these 146 cases, 91 occurred off duty and 55 on duty. The vast majority of on duty rape by police officer cases occurred in Gauteng (24) and the majority of off duty cases occurred in Western Cape (30 cases).

·         22 cases of rape in police custody were received. The vast majority of these (10 cases) were reported in Gauteng. All these 10 cases were rape in police custody by a police officer (s). In total 13 out of the 22 cases were rape in police custody by a

police officer.

Discharge of firearm:

·         670 complaints of discharge of firearm were received, of which 41% (277) were in the Western Cape.

Torture/assault:

·         4 181 Torture/assault cases were received of which 50 were torture cases and 4131 were assault cases. The majority of torture cases (35) were in the Eastern Cape. The majority of assault cases were in Western Cape (1142) followed by the Free State (730).

·         Most of the torture cases were torture by beating (37 cases) followed by six cases each for torture by suffocation (bag) and suffocation (tube). One case of torture by electrocution was received.

Corruption:

·         120 cases of Corruption were reported of which the vast majority (56 cases) occurred in KZN. 90 (75%) of the corruption cases involved extortion of soliciting a bribe.

Arrests:

·         IPID arrested 125 police officers in 68 cases for different offences all over the country (9 officers were arrested by the IPID for the death of the Mozambican Taxi Driver , Mido Macia)

Criminal Recommendations to the National Prosecutions Authority (NPA):

·         A total of 1 088 criminal recommendations were generated to the NPA. The highest number of criminal recommendations were generated by Eastern Cape (215), followed by Mpumalanga (164) and Free State (161). The lowest number of criminal recommendations was generated by Gauteng (only 27) and KZN (only 20). Western Cape generated 131 recommendations.

·         Of these 1088 recommendations, 545 were referred to the NPA- the reminder were not due to the fact that the ‘allegations were unsubstantiated and did not warrant a recommendations to be forwarded to the NPA’. The highest number of recommendations were referred by the Western Cape (118 out of 131), followed by Free State (102 out of 161), Limpopo (96 out of 139) and North West (95 out of 106). Despite generating 164 recommendation reports, Mpumalanga only referred 43 of these report to the NPA. Out of the 27 reports generated by Gauteng only 10 were referred to the NPA.

·         At the end of 2012/13 a total of 538 cases were on the court rolls. On average most cases spent just over 2 years on the court roll.

Criminal convictions and acquittals:

·         57 criminal convictions were received. Most of these were for Death as a Result of Police Action (27). The highest number of these convictions was in Gauteng (10), KZN (10) and Eastern Cape (9).

·         21 acquittals were received, of which the highest number was in Eastern Cape (7).

· Disciplinary recommendations

·         IPID generated 1040 disciplinary recommendations. The highest number of disciplinary recommendations were made by Eastern Cape (214), followed by Western Cape (189), Mpumalanga (150) and Free State (127). The lowest number of recommendation was made by KZN (only 30).

·         Of these 1040 recommendations only 788 were referred to SAPS at the time of writing the Report. The rest of the recommendation (252) had not yet been sent to the SAPS. The highest number of recommendations sent off to SAPs were from Western Cape (175 out of 189), followed by Eastern Cape (170 out of 214).

Disciplinary convictions and acquittals:

·         Of the 788 disciplinary recommendations referred to SAPS only 84 disciplinary convictions were received during 2013/14. Twenty of these 84 cases resulted in dismissal.

·         Of the 788 disciplinary recommendations referred to SAPS, 48 resulted in acquittal. Of these 48 acquittals, two were for Rape; four were for Corruption, and two were for Murder

4.3. Programme 3: Legal Services

Adjusted Estimates R’000	Virement R’000	Final Appropriation R’000	Actual Expenditure R’000	Variance %
5 405	0	5 405	4 182	23%

Source: IPID 2012/13 Annual Report

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 four targets and achieved all of them giving them a score of 100% success.

Legal Service Programme Performance

Output	Indicators	Target 2012/13	Actual 2012/13
Legal and litigation advisory services	Percentage of contracts and service level agreements finalized within 21 working days of request	Determine base line	44% completed within 21 working days (18 out of 41 SLA‟s were finalised within the required timeframe) Target met. Some service level agreements were returned by the Accounting Officer due to a misunderstanding regarding powers of the Bid Committee regarding approval
	Percentage of legal opinions provided to the directorate within 10 working days of request	Determine base line	60% completed within 10 working days (58 out of 97 legal opinions were finalised within the required time frame) Target met . Further particulars were requested in some cases and at times the requestors respond after a long time and that caused delay
Investigation advisory service	Percentage of investigations in which legal advice was requested	Determine base line	100% completed (100 out of 105 requests finalised within required time frame) Target met. This includes the processing of all PAIA matters, policing powers application, queries and advice
	Percentage of legal opinions provided to investigators within 24 hours of request	Determine base line	100% completed (4 out of 4 legal opinions finalised within required time frame) Target met. All legal opinions to investigators were given within the required time frame)

Source: IPID 2012/13 Annual Report

As shown in the above Table, Programme 3 identified a total of four predetermined targets for 2012/13. Of the four targets, four were reported as achieved, which represents a success rate of 100 per cent of its predetermined targets.

It must be noted, that despite the Annual Report reporting these four targets as Target met, in fact all the four targets were merely to determine baseline performance levels for the year in order to set these levels for the outer financial years. Therefore, in fact, once cannot ascertain performance in this Programme without interrogating the baseline performance achieved.

Relatively poor performance (low baseline levels achieved are noted for two out of the four targets:

·         Achievement of 44% for percentage of contracts and service level agreements finalised within 21 working days of request.

·         Achievement of 60% for percentage of legal opinions provided to the Directorate within 10 working days of request

5.         COMMITTEE KEY FINDINGS

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

Under-spending of the budget : The Committee noted its concerns about the serious under-spending of the budget of IPID by R26 million. The IPID requested and received a 28% increase on its main appropriation, yet underspent on this amount. The Committee was of the opinion that IPID did not exercise oversight and accountability on this matter.

Contingent Liabilities : The Committee questioned the contingent liabilities account and the amount of R11 million owed to K. Sons. The amount was related to the occupation of the previous building by IPID owned by that company. The Committee urged the IPID to finalise the outstanding agreement and move on with its programme as it cannot be held up and allocate monies to this account every year.

Irregular expenditure : The Committee noted its concerns about the irregular expenditure, especially in the light of the under-spending of the Department and requested a full report on the irregular expenditure incurred by the IPID.

Non filling of vacancies : The Committee took note of the Auditor General’s remarks that the leadership of the IPID is compromised by the non-appointment of the Executive Director and the nine provincial heads. It noted its concerns about this to the management team. The Committee also urged the IPID to fill all the outstanding vacancies in all levels of the organisation.

Cost cutting and cost saving measures : The Committee noted that it wanted the IPID to implement cost cutting and cost saving measures. Of concern was the increases awarded to the managers of the IPID. The Department responded that it awarded the increases to the majority of staff levels 1-12.

Information Technology (IT) contracts: The Committee noted that the spending on the IT contracts of IPID amounted to fiscal dumping. The Auditor General also indicated that the performance indicators do not comply with the smart principles

6.1        COMMITTEE RECOMMENDATIONS

Financial Recommendations

The Committee made the following recommendations:

·         The IPID must make available to the Committee a detailed list of consultants by the 17 October 2013.

·         The IPID must also provide the Committee with a detailed breakdown of the computer service costs by 17 October 2013.

·         A detailed breakdown of bonuses cost and payouts to all staff must be made available to the Committee for scrutiny by 17 October 2013.

·         The Committee recommends that IPID seek finalisation on its contingent liabilities. The Committee recommends its support of the additional funding requests for the 2014/15 financial year.

Administrative Recommendations

·         The Committee noted that the community outreach events are consuming the time of the Department. 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 Policy Review Committee should finalise all policies within the 2013/14 financial year.

·         The Committee recommends that IPID provide a full report on all unfilled vacancies in the staff establishment and plans to fill such vacancies before the end of the financial year.

·         The Committee recommends that the IPID must make available a full corporate governance report for the Committee’s scrutiny.

·         IPID must produce a full list of its stakeholders that it meets with by end of October 2013.

Investigations and Information Management Recommendations

·         The Committee noted that there is improvement in the communication of the IPID recommendations to the SAPS. It recommended that IPID follows up on the progress of all their recommendations on the Domestic Violence Act, discipline and others, and provide quarterly reports to the Committee.

·         The Committee recommends that a different reporting format be followed with respect to the previous years. The IPID must check the credibility of its statistics and provide a more strategic approach in dealing with the oversight responsibilities over SAPS.

·         The Committee recommends that a full report must be provided to the Committee and reported on in the Annual Report on the outcome of all disciplinary cases.

·         The Committee recommends that the IPID should design a reporting format for the SAPS reporting in stipulated timeframes.

·         The Committee recommends that the Systemic Corruption Strategic document of the IPID should be finalised before the end of the financial year.

·         The Committee recommends that the IPID must not extend the investigative response timeframes from 48-72 hours.

Legal Recommendations

·         The Committee recommends that a review of the role and functions of the Legal Services Programme be undertaken with a view of merging it with other programmes in the IPID.

·         The Committee recommends that IPID attends SAPS disciplinary hearings and report thereon.

·         The Committee recommends that IPID provides a breakdown of the salary upgrading.

7.         CONCLUSION

The fact that the IPID is in its second year of operation under the new Act, and received an unqualified audit was applauded by the Committee. There are however serious concerns expressed by the Committee in the manner in which the Department interfaces and influences police behaviour. The fact that from IPID’s own statistics the issue of police brutality has increased shows that the Department is having very limited success.

A test of the Department’s efficacy is the reduction in disciplinary infringements on the part of police officials. The Committee expressed the wish that the IPID continues with its programmes by getting the necessary capacity to fulfil its mandate in the process.

It is requested that the Minister of Police ensures 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.