ATC140711: Report of the Portfolio Committee on Police on the 2014/15 Budget Allocation (Vote 23), Strategic and Annual Performance Plan of the Independent Police Investigative Directorate, dated 11 July 2014

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 2014/15 Strategic Plan, Annual Performance Plan and Budget of the Independent Police Investigation Directorate on 4 July 2014, 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 (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 is trusted by the community and operates in line with the spirit of the Constitution.

2.1 STRATEGIC PRIORITIES

The Directorate has identified eleven strategic priorities for the 2014/15 year, some of which may not be achieved in the financial year 2014/15; they will remain priorities in the medium term expenditure framework (MTEF)

• Filling of all senior management positions;
• Establishment of a consultative forum;
• Establishment of the integrity management system,
• Continue to refocus the Department from a complaints driven institution to an investigation driven institution;
• Training and capacity building of investigators;
• Obtain an unqualified Audit;
• Review of the delegation 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

2.2 Environmental factors

§ Inadequate geographic coverage of IPID;

§ Increasing workload, inadequate capacity and increasingly complex investigation;

§ Violent service delivery protests are an inhibiting factor in monitoring police conduct;

§ Unrealistic expectations by general public and other state institutions; and

§ Misunderstanding on the role of IPID vis -a- vis other institutions

2.3 Challenging and risks

§ High staff turn over (especial at lower levels)

§ Insufficient funding of activities

§ Lack of uniformity in applying investigation procedures

§ The IPID does not comply with the Occupational Health and Safety Act

§ Inadequate Physical Security;and

§ Ability to recover from catastrophic events

3. BUDGET ALLOCATION AND ALIGNMENT TO ANNUAL PERFORMANCE PLAN

3.1 Overview of Budget allocation

The overall budget allocation increased from an adjusted allocation of R216.9 million in 2013/14 to R234.7 million in 2014/15. This is a nominal Rand increase of R17.8 million or 8.21 per cent. In line with the realignment of its budget and strategic objectives, the Directorate’s core programme on Investigation and Information Management (Programme 2) received the largest increase of the four departmental programmes. Its allocation received a nominal Rand increase of R29.9 million or 24.67 per cent. This increase will continue over the MTEF and will reach R177.0 million in 2016/17. The increased budget allocation will be utilized to increase the Directorate’s number of investigators over the medium term. The Directorate plans to appoint additional 44 staff members over the medium term (mainly investigators), which will increase the approved establishment from 349 posts in 2013/14 to 393 in 2014/15 (and will remain at 393 up to 2016/17). The Administration Programme received a decreased allocation of R73.2 million in 2014/15 (R88.4 million). The Administration Programme received a decreased allocation of R73.2 million in 2014/15 (R88.4 million in 2013/14), which will remain relatively unchanged over the medium term. This is a nominal Rand decrease of R15.2 million or 17.19 per cent in 2014/15 compared to 2013/14. The Legal Services Programme received an increased allocation from R4.5 million in 2013/14 to R5.7 million in 2014/15. This is a nominal increase of R1.2 million (26.67 per cent). The Compliance Monitoring and Stakeholder Management Programme has been established as a standalone unit, whereas previously its functions had been performed by the Investigation and Information Management Programme. The Programme’s allocation increased from R2.8 million in 2013/14 to R4.7 million in 2014/15. This is a nominal increase of R1.9 million (67.86 per cent) and represents the largest nominal increase of all Programmes within the Directorate.

3.2 Summary of allocations and performance information per programme

The Department consists of four programmes and one of it’s programme called the Compliance Monitoring and Stakeholders Management has been established as a standalone programme, whereas previously its functions had been performed by the Investigation and Information Management programme. The establishment of this standalone unit came into existence within the current financially year. The programmes are as follows:

§ Administration;

§ Investigative and Information Management;

§ Legal Service; and

§ Compliance Monitoring and Stakeholders Management

3.2.1 Programme 1: Administration

The purpose of this program is to provide overall management of the Independent Police Investigative Directorate and support services, including strategic support to the directorate. It consists of departmental management, Corporate Services, Internal Audit, Finance Services and Office Accommodation.

The Administration Programme was allocated R73.2 million of the total R234.7 million budget allocation to the Directorate for the 2014/15 financial year. This represents 31.19 per cent of the Directorate’s total budget and received the second largest allocation (to a Programme) within the Directorate. The Program me’s budget showed a nominal decrease of R15.2 million in 2014/15 (or 17.2 per cent) compared to the past financial year (2013/14). This is due to the significant decrease of funding within the Corporate Services Sub-programme, with funds being re-prioritised towards the Investigation and Information Management Programme (Programme 2). This is in-line with the organizational realignment of the Directorate. The rest of the Sub-programmes within the Administration Programme received increased allocations. The Departmental Management Sub-programme received an allocation of R9 million in 2014/15, compared to the R7.2 million adjusted appropriation of the past financial year. This is a nominal

increase of R1.19 million or 23.67 per cent.

As a percentage of the Programme’s budget, the Corporate Services Sub-programme received the largest allocation in 2014/15 despite the significant nominal reduction of 14.07 per cent compared to the previous financial year. The Financial Services Sub-programme received the second largest portion of the Programme’s budget (24.56 per cent), followed by the Office Accommodation Sub-programme (13.89 per cent), the Departmental Management Sub-programme (12.30 per cent) and the smallest allocation was made to the Internal Audit Sub-programme (5.50 per cent).

The Administration programme was divided into two programmes Governance & Stakeholders Management and Corporate Services each with their own indicators and targets in the previous financial year. The above-mentioned programme does not fall under this programme in the current financial year. The Stakeholders Management has been moved to programme 4 as a standalone programme.

In 2012/13, the Administration Programme had a staff establishment of 138, which was revised to 129 staff members in 2013/14. The personnel strength is expected to decrease to 111 in 2014/15 and remain at that figure over the MTEF. The reduction in staff members is due to the reallocation of funded posts from the Administration Programme to the Investigation and Information Management Programme (Programme 2). At the end of November 2013, the Programme recorded 12 vacancies, mostly due to internal promotions.

The 2014-2019 outputs and strategic objectives of programme 1 are directly linked 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 40 media statements and 120 responses to media enquiries released 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 22 for the same years.

Human Resource Management Plan: The vacancy rate is currently 12% - the Directorate has set a target to bring the vacancy rate below 10% percent at the end of the financial year and still there is vacant post that has not yet been filled. 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. The Retention policy was drafted and approved and it’s in the finalization process.

ICT Plan and Governance Frameworks: The ICT plan and Governance framework consists of two phases. The first phase remains in a continuity plan 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.

3.2.2 Programme 2: Investigation and Information Management

The purpose of this programme is to strengthen the directorate’s oversight role over the police services and MPS by conducting investigations, within 90 days of receipt of a complaint, making appropriate recommendations on investigations in the various investigation categories with in 30 days, and submitting feedback to complaints within 30 days of the closure of investigation.

The programme also enhances efficiency in case management over the medium term by increasing the percentage of case registered and allocated within 72 hours of receipt from 86 percent in 2012/13 to 100 percent in 2016/17 and maintain relationships with other state security agencies, such as the South African Police Service, the National Prosecuting Authority, Civilian Secretariat for Police and community stakeholders, through ongoing national and provincial engagement forums. It consists of the following sub-programmes: Investigation management, Investigation Services and Information Management.

The Programme was allocated the bulk of the Directorate’s total budget (64.38 per cent). It received an increased allocation in 2014/15, which will continue to increase over the medium term. The Programme received an allocation of R151 million in 2014/15 compared to an adjusted appropriation of R121.2 million in 2013/14. This is a nominal increase of R29.8 million or 24.6 per cent in 2014/15 compared to the previous financial year.

The Investigation Services Sub-programme received the bulk of the Programme’s budget. It was allocated a total of R141.6 million in 2014/15 compared to R114.9 million in 2013/14. This is a nominal increase ofR26.7 million or 23.23 per cent. Although the Investigation Management Sub-programme received a significant increase from R1.63 million in 2013/14 to R4.24 million in 2014/15 (159.3 per cent nominal increase), it comprises only 2.8 per cent of the Programme’s total budget allocation.

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 2014/15 year. It does not intend to repeat this in the following two years of the MTEF. In terms of the statistical reports, the Directorate targeted eighteen (18) reports to be generated on the number and types of cases investigated and recommendations made.

The Department set a target as indicated below:

§ 65% of registered investigation cases of deaths in police custody were to be completed 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.

§ 60% of registered cases of investigations of rape by a police office were to be completed with 90 days.

§ 60% 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.

§ 55% of investigations of other criminal and misconduct were to be completed within 90 days.

§ There would be 18 cases of systemic corruption identified for possible investigation approval within a financial year.

§ 20% of approved systemic corruption investigations of torture completed within 12 months.

§ 50% of investigation backlogs cases are reduced.

§ 80% of disciplinary recommendation reports were to be referred to SAPS/MPS within 30 days of the relevant investigations.

§ 100% criminal recommendation reports referred to NPA within 30 days of completion of the relevant investigation.

3.2.3 Programme 3: Legal Services

The purpose of this programme is to ensure that the 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. It consists of the following sub-components: Legal Support and Administration, Litigation Advisory Services, Investigation Advisory Services and Investigation Advisory Services. The 2014-2015 strategic objectives of this programme provides a support function to the directorate as a whole and to investigators in particular, there is a necessity to explicitly stipulated the outputs generated by this programme.

The Legal Services Programme (Programme 3) is the third largest programme of the Directorate. It was allocated 2.4 per cent of the Directorate’s total budget allocation for the 2014/15 financial year. The programme was allocated R5.7 million for the 2014/15 financial year compared to the R4.4 million adjusted appropriation in the previous financial year. This is a nominal increase of R1.26 million or 28.3 per cent. The Legal Support and Administration Sub-programme received R1.4 million in the 2014/15 financial year, which is a nominal decrease of R71 thousand compared to the R1.4 million adjusted appropriation received in the previous financial year. This Sub-programme received 25.9 per cent of the Programme’s total budget allocation for the 2014/15 financial year. The Litigation Advisory Services Sub-programme is newly established and received an allocation of R1.9 million in the 2014/15 financial year, which is a nominal increase of R470 thousand or 30.9 per cent compared to the R1.5 million adjusted appropriation of the previous financial year. This Sub-programme received 34.8 per cent of the Programme’s total budget allocation for 2014/15. The Investigation Advisory Sub-programme received the bulk of the Programme’s budget allocation in 2014/15. This is due to the expected increase of investigations over the medium term. The Sub programme received an allocation of R2.2 million in 2014/15, compared to the R1.5 million adjusted appropriation of the 2013/14 financial year. This is a nominal increase of R720 thousand or 47.34 percent compared to the previous financial year.

Programme performance

The performance indicators for the management of the Directorate’s legal obligations show that during the 2014/15 financial year, ninety percent of contracts and service level agreements are finalized during 30 days of request. This is maintained during the outer years of the medium term. Ninety percent of legal opinions are also provided to the Directorate within 21 days of request. Similarly, 90 percent 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 2014/15 and maintain that number until 2016/17. It will also produce 90 percent 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 percent of applications for policing powers within 5 working days of request during the 2014/15 year and maintain that during the medium term.

3.2.4 Programme 4: Compliance Monitoring and Stakeholder Management

The purpose of this programme is to safeguard the principles of cooperative governance and stakeholder management through ongoing monitoring and evaluation of the quality of recommendations made to the South African Police Service and Municipal Police Service and also reporting on the police services compliance with reporting obligation in terms of the Independent Police Investigative Directorate Act (2011). It consists of the following sub-components: Compliance Monitoring and Stakeholders Management. The 2014 /15 strategic objectives are directly linked to the following two strategic outcomes –oriented goals: the IPID is accessible to the public and process cases effectively.

The Compliance Monitoring and Stakeholder Management Programme is the smallest programme of the Directorate and only received 2.0 per cent of the Directorate’s total budget. Regardless, it received a significant increase of 65.5 percent in its allocation in 2014/15 compared to the previous financial year. The programme is expected to have an increased expenditure as the Directorate plans to maintain the number of community outreach programmes conducted at 306 events annually to ensure community access to the services provided by the Directorate. The Programme was allocated R4.7 million in 2014/15 compared to the R2.8 million adjusted appropriation of 2013/14, which is a nominal increase of R1.8 million. The two sub-programmes are almost equally funded; with the Compliance Monitoring Sub-programme receiving 49.8 percent of the Programme’s budget and the Stakeholder Management Sub-programme receiving 50.1 per cent of the Programme’s budget. In order to bring the two sub-programmes closer to each other in terms of budget allocation, the Compliance Monitoring Sub-programme received a slightly smaller allocation compared to the previous financial year. It received R2.3 million in 2014/15 compared to R2.4 million in 2013/14, which is a nominal decrease of R75 thousand or only 3.09 per cent. Conversely, the Stakeholder Management Sub-programme received a significantly higher allocation compared to the previous financial year. The sub-programme received R425 thousand in 2013/14, which was increased to R2.3 million in 2014/15. This is a nominal increase of R1.9 million or 456.9 percent.

The Compliance Monitoring and Stakeholders Management programme was established as a standalone unit in 2014/15 in –line with the realignment of the directorate’s budget. It has previously functioned under the Investigation and information Management programme. Two performance indicators were previously contained in the Governance and Stakeholder Management programme1, namely the number of community outreach events and the number of formal engagement with key stakeholders.

The performance indicators for the management of the Directorate’s legal obligations show that during the 2014/15 financial year, 90 percent 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 percent of legal opinions are also provided to the Directorate within 21 days of request. Similarly, 90 percent of policies are to be reviewed within 21 days of request during the medium term.

Concerning 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 2014/15 and maintain that number until 2016/17. It will also produce 90 percent 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 percent of applications for policing powers within 5 working days of request during the 2014/15 year and maintain that during the medium term.

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, the target remained the same at 306 annual outreach events and 12 formal engagements with key stakeholders over the medium term. There are 4 new performance targets developed of reports produced on the evaluation of the quality reports of IPID recommendations and SAPS /MPS compliance with reporting obligations in terms of the IPID Act.

4. COMMITTEE FINDINGS / OBSERVATIONS

The Committee made a number of critical observations but recognized that there were positive developments such as the reprioritizing the core targets and focus areas. However, there were a number of concerns that were raised by the Committee.

Programme 1: Administration Programme

• The Committee was concerned about the non-reflection of the de- militarisation of Police on their presentation and reminded the Department that it is one of the National Development Plan priorities that the Department should focus on. The Department in its response stated that one of its key focus areas is to professionalise the police service. The Department has established a NDPCo -coordinating Committee including Municipal Police Service and the SAPS to and highlighted some of their ideas in the implementation of the NDP. The department further reported that the professionalisation process would assist them in realizing the security of the country.

• The Department informed the Committee that no meeting has been convened due to the fact that the IPID was still waiting for a date from the Civilian Secretariat for Police. The proposed dates were submitted to the Secretariat of Police and have been changed due to election and handover to the new Administration.

• The Committee was concerned about the vacancy rate and the funded post that has not been filled including the Provincial Heads. It was reported that the positions of the senior management were advertised on 3 March 2014 and the process was finalized. The salary levels offered were not good enough for attracting the right candidates. Unfortunately there were no suitable candidates for the positions advertised. However the Department undertook to re-advertise the posts. It was reported that there was no one responsible for health and safety within the Department. The Department would review and restructure its human capital .

• The Committee wanted an explanation of the reference to unfunded mandates. It was reported that under the unfunded mandates, the Department was referring to the legislative obligations that is not currently funded and needs additional funding. However, the Directorate assured the Committee that the work under these mandates will continue to be done even though there was no capacity. The Directorate further stated that employees would volunteer and work after hours in order to conclude the work that sometimes does not fall under their scope of work.

• The Committee raised concern around the erratic trends in quarterly expenditure of the Directorate during the 2013/14 financial year, especially in terms of economic classification. The Directorate indicated that this is directly linked to the slow filling of post and that office equipment was only delivered in the last quarter of the 2013/14 financial year.

Programme 2: Investigations and Information Management

• The Committee sought clarity on the establishment of the satellite office located in George that was not yet operational. The department reported that it had managed to get an old barracks which was offered by the South African Police Services and was utilized as a satellite office. The department was in the process of acquiring its own offices and there were delays due to tender processes which were supposed to be finalized by the Department of Public Works (DPW).

• The Committee raised concerns regarding the implementation of recommendations made to the SAPS and requested that the Directorate should provide the Committee with the total number of recommendations that were referred to SAPS and further requested clarity whether those recommendations were implemented. It was stated that in terms of responses to recommendations made, the Department was still receiving a low response from the SAPS. The IPID have engaged with the National Commissioner, SAPS and the Civilian Secretariat for Police on numerous occasions to deal with this issue. However, the SAPS had mentioned to the Department that there were discrepancies between the figures and case numbers. The resolution between the Departments was that the reports should contain the cases numbers in addition to the statistics report in order to minimize the possibilities of disputes.

• The Committee was concerned about the issues raised by AG regarding the accuracy of financial statements. The Department reported that it managed to improve its capacity on the finance section and the team was working tirelessly for better and accurate financial statements.

• The Committee raised concerns about the high turn-over of key personnel and wanted to know whether there was a retention policy. The Department reported that it has identified the problems that led to the high turn-over rate of personnel; most of their positions were at lower levels as compared to other departments especially with the level of investigators. Most personnel moved to other department for better opportunities. The retention policy was at the draft stage and it was at the Chamber level.

Programme 3: Legal Services

• The Committee was concerned about the removal of the feedback reports for 2014/15. The Department reported that the feedback reports no longer falls within their competency. The Department is only required to make the recommendations and report to the Minister of Police and the Civilian Secretariat for Police is responsible for monitoring the recommendations made.

Programme 4: Compliance Monitoring and Stakeholder Management

• The Committee raised concern on the non-compliance of SAPS members to sections 29 and 33 of the IPID Act that places a responsibility on the SAPS to report any incidents as contained in section 28 of the Act. The Department explained the consequences for a police official who failed to comply with the reporting of the cases. The Department reported that once it discovered that the police official failed to report a case for investigation then the department has to take further steps by opening a case for non-compliance and referred it to the prosecutor.

• The Committee requested the Directorate to indicate whether managerial functions and responsibilities will be cascaded down to Provincial Heads once appointed, as the centralization of responsibility at National Head Office has a negative effect on provincial accountability. The Directorate indicated that this will be done towards the end of the 2014/15 financial year and agreed that this will lead to greater accountability at provincial level.

• The Committee further questioned the level of security clearance of key personnel of the Directorate. The Directorate assured the Committee that half of the staff establishment had been vetted and the other half is already in the process.

• The Committee requested a copy of the last National and Provincial meeting held regarding the implementation of IPID recommendations. The Committee requested a copy of the minutes of the meetings held regarding the implementation.

5. RECOMMENDATIONS

The Committee made the following recommendations:

Administration programme

· In accordance with the NDP, the IPID (as mandated oversight body) must ensure that the SAPS and MPS adhere to professional ethics in becoming professional policing agencies and should continue to prescribe recommendations where necessary.

· The Committee considers the professionalising and de- militarisation of the SAPS as a key priority. As such the IPID should focus its efforts on realising these goals.

· The Department should consider the internal promotions following the governmental recruitment process.

· The Committee recommends that the Department fill the two positions: Director of Internal Audit and Director for Cooperative Governance as a matter of urgency.

· The Departmental policies that are not in line with the IPID Act should be aligned with the IPID Act and IPID must provide a progress report to the Committee.

· The Committee has noted that IPID has asked for an increased budget, but has had consistent underspending of its current budget. The Committee recommends that measures be put in place to deal with such serious underspending.

· The Committee recommends that IPID implements the daily processing of information required for reports on spending processes.

· The Committee recommend that IPID ensure that the performance information system is adequate for reporting and the necessary steps must be implemented.

· The Committee recommend that IPID appoint a person responsible for managing performance information and provides the Committee with a report on this.

· The Committee recommends that the IT governance framework must be finalized and implemented.

· IPID should monitor the progress of the implementation of its recommendations with the SAPS and provide regular reports to the Civilian Secretariat for Police.

Investigations and Information Management Programme

· The misconduct of any SAPS member must be investigated by the IPID in order to ensure a professional service.

· The IPID Act must be fully implemented and any deficiencies in funding must be raised as a matter of urgency.

· The IPID must fill all vacant positions as a matter of urgency, especially the vacant positions of all Provincial Heads. Similarly, the IPID must develop an immediate plan for the filling of all vacant posts as this compromises the ability of IPID to deliver on its mandate

Compliance Monitoring and Stakeholder Management Programme

· The Committee recommends that the Expansion Strategy/Plan must be submitted to the Committee as soon as possible. The Committee committed to consider the proposals made in the Plan, especially to afford some protection of Investigators conducting sensitive investigations. To this end, the Committee further recommended that the Department needs to adjust its Strategy Plan 2014-19 to indicate proposals made in the Expansion Strategy.

· The Department should address all the issues raised by the Auditor General relating to the accuracy of financial statements and compliance of policies.

The Portfolio Committee on Police supports the budget allocation of the Independent Police Investigative Directorate for 2014/15 and the 2014 MTEF and recommends that the Budget Vote 23 be adopted.

Report to be considered.