ATC141104: Budget Review and Recommendation Report of the Portfolio Committee on Police on the Independent Police Investigative Directorate’s Performance in 2013/14 dated 31 October 2014
Police
BUDGET REVIEW AND
RECOMMENDATION REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON THE INDEPENDENT
POLICE INVESTIGATIVE DIRECTORATES 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 years 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 Directorates 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 Directorates 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 Directorates systems, programmes and structures to enhance service
delivery;
-
Alignment
of the Directorates 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
R000
|
Adjusted Appropriation
R000
|
Actual Amount Spent
R000
|
(Over)/Under Expenditure
R000
|
216991
|
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 Directorates 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 R000
|
Actual Expenditure
R000
|
%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 its
continued
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 to
the 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 20122017:
-
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
EstimatesR000
|
Virement
R000
|
Final
AppropriationR000
|
Actual
ExpenditureR000
|
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 Departments
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
·
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.
10% vacancy rate
·
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. The picture
will improve during 2014/15 financial year.
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
R000
|
Virement
R000
|
Final
Appropriation
R000
|
Actual
Expenditure
R000
|
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
EstimatesR000
|
Virement
R000
|
Final
AppropriationR000
|
Actual
ExpenditureR000
|
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 72hrs
of 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
R000
|
Virement
R000
|
Final
Appropriation
R000
|
Actual
Expenditure
R000
|
Variance
%
|
4 450
|
0
|
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 Directorates 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 SLAs 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 Departments 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 IPIDs 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 Directorates budget
over the MTEF, which halts the implementation of the Directorates
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 Plans 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.
Documents
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