ATC150511: Report of the Portfolio Committee on Police on the 2015/16 Budget Vote 20, Annual Performance Plan and 2015/16-2019/20 Strategic Plan of the Independent Police Investigative Directorate (IPID), dated 07 May 2015:

Police

REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON THE 2015/16 BUDGET VOTE 20, ANNUAL PERFORMANCE PLAN AND 2015/16-2019/20 STRATEGIC PLAN OF THE INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID), DATED 07 MAY 2015:
 

The Committee examined the Budget, Annual Performance Plan (APP) for the 2015/16 financial year and the 2015/16-2019/20 Strategic Plan of the Independent Police Investigative Directorate (IPID). The Committee reports as follows:

 

1. INTRODUCTION

 

The former Independent Complaints Directorate (ICD) was established in 1997 in terms of chapter 10 of the SAPS Act No.68 of 1995, which pre-dates the 1996 Constitution, to promote consistent proper conduct by members of the South African Police Service (SAPS) and the Municipal Police Services (MPS). The legal mandate of the ICD was primarily to investigate all deaths in police custody or as a result of police action, as well as criminal offences and serious misconduct alleged to have been committed by members of the SAPS and the MPS. The ICD functioned independently of the SAPS.

 

With the implementation of the IPID Act on 1 April 2012, the ICD was renamed the Independent Police Investigative Directorate (IPID). The IPID Act gives effect to the provision of section 206(6) of the Constitution, ensuring independent oversight of the SAPS and MPS. The IPID resides under the Ministry of Police and functions independently of the SAPS. In terms of section 28(1) of the Act, the Directorate is obliged to investigate:

 

1. Any deaths in police custody;
2. Deaths as a result of police actions;
3. Complaints relating to the discharge of an official firearm by any police officer;
4. Rape by a police officer, whether the police officer is on or off duty;
5. Rape of any person in police custody;
6. Any complaint of torture or assault against a police officer in the execution of his or her duties;
7. Corruption matters within the police initiated by the Executive Director, or after a complaint from a member of the public or referred to the Directorate by the Minister, a MEC or the Secretary for the Police Service; and
8. Any other matter referred to the IPID as a result of a decision by the Executive Director or if so requested by the Minister, an MEC or the Secretary for the Police Service as the case may be.

 

The stated vision of the IPID is to act as an effective independent investigative oversight body that ensures policing that is committed to promoting respect for the rule of law and human dignity. The mission of the Directorate is to conduct independent, impartial and quality investigations of identified criminal offences allegedly committed by members of the South African Police Services (SAPS) and Metro Police Services (MPS), and to make appropriate recommendations in line with the IPID Act, whilst maintaining the highest standard of integrity and excellence.

 

1. Structure

The Report provides an overview of the 2015/16 Budget Hearings of the IPID and is divided into the following sections:

 

• Section 1: Introduction. This section provides an introduction to this Report as well as a summary of meetings held during the hearings.
• Section 2: Key concerns of the Committee during the 2014/15 financial year. This section provides a summary of the key concerns raised by the Committee during the previous financial year.
• Section 3: Strategic Priorities of the IPID for the 2015/16 financial year. This section provides a summary of the strategic focus areas for the IPID for the year under review.
• Section 4: IPID Budget and Performance targets for 2015/16. This section provides an overall analysis of the estimates of national expenditure of the IPID for the 2015/16 financial year. This section also provides a programme analysis of the IPID.
• Section 5: Committee observations. This section highlights selected observations made by the Portfolio Committee on Police on the annual performance targets and programme specific issues during the 2015/16 budget hearings and subsequent responses by the IPID.
• Section 6: Recommendations and additional information. This section summarises the recommendations made by the Portfolio Committee on Police, as well as the additional information requested from the IPID.
• Section 7: Conclusion. This section provides a conclusion to this Report. 

 

1. Meetings held

 

In preparation for the meeting with the IPID, the Portfolio Committee on Police invited stakeholders to comment on the 2015/16 Budget and APP of PSIRA on 14 April 2015. The following comments were made.

 

• African Policing Civilian Oversight Forum (APCOF):
  • Impunity: The small number of recommendations by IPID and its predecessor ICD resulting in prosecutions of police members require urgent attention. The APCOF recommended that there is a need to:
    • investigate reasons for low prosecutions of police members and develop strategies to address systemic challenges;
    • engage the NPA on their procedure and process regarding the prosecution of IPID cases;
    • track the progress of cases referred to IPID; and
    • procedures should be put into place between the IPID and the NPA regarding designated prosecutions to deal with IPID cases against the SAPS.
  • Torture: Review the IPID classification of torture and capacitation of IPID investigators to investigate cases of torture.
  • Oversight and accountability: The APCOF recommended that the caliber and capacity (training and equipping) of IPID investigators be urgently addressed.
  • Use of force: The APCOF stated that the unacceptably high levels of allegations of police brutality require interventions by policy makers and police management. It was recommended that the IPID be capacitated and trained to investigate excessive use of force allegations.

 

• Police and Prison Civil Rights Union (POPCRU): The Union stated that they welcomed the concept of improving the quality of training for the investigators and that it will assist in the fight against crime. They were concerned that the IPID is failing to fill funded positions, which compromises service delivery. The Union urged the IPID to speed up the finalisation of procedures in this matter.

 

Further to the preparations, the Committee also received an overview of the budget for the financial year under review by the Research Unit of the Parliament of South Africa on 23 April 2015. The Committee received the following briefing from the Authority:

• Briefing on the Strategic and Annual Performance Plan and 2015/16 Budget, operating expenditure, revenue and performance targets.

 

1. Key concerns raised by the Committee during the 2014/15 financial year

 

The following section provides a summary of the key observations/concerns raised by the Portfolio Committee on Police regarding performance and financial issues during the 2014/15 financial year:

 

Under-spending of the budget: The Committee noted serious concerns about the under-spending of the Department’s budget by R23.9 million. The 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 that there were material omissions from the Annual Financial Statements which showed that there were skills gaps in IPID and this was also identified by the Auditor General (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. The Committee noted that the matter had dragged on for a second year and wanted assurances that it would be resolved as a matter of urgency.

 

Irregular Expenditure: The Committee noted concerns about 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 noted by the AG and the Committee requested an investigation into the irregular expenditure.

 

• : The Committee welcomed 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 Directorate. 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 Directorate.

 

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 challenges in 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 IPID’s 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. In addition, there was no indicator that speaks to the relationship with the DPW. Delays in payments 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 SAPS Inspectorate: The Committee noted that the IPID must have a better working relationship with the SAPS Inspectorate to assist with their cases through referrals. In view of both structures 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 of concern 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 draft such 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.

 

The Committee’s two main recommendations were that:

 

• 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.
• IPID must fill the necessary vacancies relating to the internal audit and financial environment without delay and report before the end of the 2014/15 financial year.

 

1. STRATEGIC PRIORITIES OF THE IPID FOR 2015/16

 

The National Planning Commission (NPC) of South Africa identified twelve measurable performance outcomes in 2010 to assess achievements made by state Departments in terms of effective service delivery. These twelve outcomes was also incorporated in the National Development Plan (NDP). The two outcomes specifically related to the IPID are:

• Outcome 3: All people in South Africa are and feel safe and secure.
• Outcome 12: An efficient, effective and development orientated public service and an empowered, fair and inclusive citizenship.

 

The NDP notes that all mandated oversight bodies should monitor adherence to professional ethics and recommend appropriate sanctions where necessary, referring specifically to the IPID and the National Policing Board (yet to be established). This focuses the work of the Directorate to ensure that the police service is trusted by the community and as such it contributes to a capable state. The Directorate promotes a transparent and accountable police service through the investigation of criminal offences allegedly committed by members of the SAPS and MPS as outlined in section 28 of the IPID Act (2011). Correspondingly, in line with the NDP goals, the Directorate’s strategic-oriented goals (as enunciated in the 2015-2020 Strategic Plan) are linked to the achievement of Outcome 3 and 12.

 

The Medium Term Strategic Framework (MTSF 2014-2019) includes an action stating that disciplinary proceedings must be instituted by the SAPS on all IPID recommendations subsequent to investigations. The MTSF set a target of 90% implementation in 2014/15 and 100% implementation by 2018/19. The Framework also provides that by 2019, at least 60% of investigations must be finalised each year. Hence, as indicated in the Directorate’s 2015-2020 Strategic Plan, the Directorate’s key priority over the medium term is to strengthen its investigative capacity, including by improving the quality of training for investigators and the guidelines, systems and procedures used for investigation and reporting.

 

In line with the NDP, MTSF (2014-2019) and the Minister of Police’s strategic focus, the Directorate intends to achieve the following:

• Take IPID services closer to the people;
•  Enhance integrity and quality of investigations; and
• Re-prioritise the fight against corruption and systemic corruption.

 

The outputs (strategic objectives) of the IPID are directly linked to the following Strategic outcome oriented goals (outcomes), as reflected in the IPID Strategic Plan for 2015-2020:

• Outcome 3.1: The IPID is an effective independent oversight body;
• Outcome 3.2: The IPID investigates cases effectively and efficiently;
• Outcome 3.3: The Police service is responsive to IPID recommendations; and
• Outcome 3.4: The IPID is accessible to the public.

 

1. IPID BUDGET AND PERFORMANCE TARGETS FOR 2015/16

 

1. Overall analysis

 

For the 2015/16 FY, the Justice, Crime Prevention and Security (JCPS) Cluster received a total of R157 535.3 billion (R157, 535,300,000), which is 23 per cent of the total national budget. The total allocation to the JCPS Cluster has remained stable over the past FY, despite the slight reduction of 0.4 per cent compared to the 2014/15 FY. Table 1 below shows that the IPID received a main appropriation of R234.8 million for the 2015/15 FY, which is 0.14 per cent of the Cluster’s allocation.

 

Table 1: 2015/16 allocation to the Justice, Crime Prevention and Security Cluster

Justice, Crime Prevention and Security Cluster	2015/16 (R’000)		% of Cluster Vote
Correctional Services	20 617.8		13%
Defence and Military Veterans	44 579.4		28%
Independent Police Investigative Directorate	234.8		0.14%
Justice and Constitutional Development	14 984.0		9.5%
Police	76 377.1		48.5%
Total for Cluster	157 535.3		23.1% of total national budget
Total National Budget		679 497.5

  Source: 2015 ENE

 

As shown in Table 2 below, the budget allocation of R234.8 million for the 2015/16 FY  is a nominal increase of R100 thousand (0.04 per cent) compared to the R234.7 million adjusted appropriation received in 2014/15 FY. Considering inflationary costs, the Directorate’s 2015/16 budget shows a real percentage decrease of 4.54 per cent.

 

Table 2: Budget Summary of expenditure estimates for Vote 25 in 2014/15

Programme R million	Budget		Nominal Increase / Decrease in 2015/16	Real Increase / Decrease in 2015/16	Nominal Percent change in 2015/16	Real Percent change in 2015/16
	2014/15	2015/16
Programme 1: Administration	78.3	74.2	-  4.1	-  7.5	-5.24 per cent	-9.58
Programme 2: Investigation and Information Management	147.5	150.8	3.3	-  3.6	2.24 per cent	-2.45
Programme 3: Legal Services	5.4	5.1	-  0.3	-  0.5	-5.56 per cent	-9.88
Programme 4: Compliance Monitoring and Stakeholder Management	3.6	4.6	1.0	0.8	27.78 per cent	21.93
Total	234.7	234.8	0.1	-  10.7	0.04 per cent	-4.54

Source: Estimates of National Expenditure 2015, Vote 20: IPID

 

As indicated in the Directorate’s 2015/16 APP and in the 2015 ENE, the following are the key spending priorities for the Directorate in the MTEF period:

• Strengthening investigative capacity
• Compliance monitoring and stakeholder management

 

Budget cuts have, however, forced the Directorate to reprioritise. As such, the Directorate has reported in its 2015/16 APP that a number of strategic objectives during the MTSF will not be implemented, including the Expansion Strategy and the ICT Plan. More so, it was further reported that, targets in investigations as well as community outreach and stakeholder management activities will also be reduced due to budget cuts during the MTEF period.

 

However, National Treasury has ring-fenced some funds for the establishment of the National Specialised Investigative Team (NSIT). With this ring fenced funding, the Directorate is convinced that over the MTEF period it will be able to enhance its investigative capacity and develop specialised investigative capabilities. In linking expenditure trends to the strategic goals of the Directorate over the MTSF, the Cabinet approved allocations of R22.5 million in 2015/16, R30.4 million in 2016/17 and R40.8 million in 2017/18, to ensure the strengthening of the newly established NSIT.

 

1. Programme Analysis

 

1. Programme 1: Administration

 

The programme provides for the overall management of the Directorate and support services, including strategic support to the Directorate. The programme consists of the following sub-programmes: Department Management, Internal Audit, Finance Services, Corporate Services and Office Accommodation.

 

The total allocation for the programme in 2015/16 FY was R74.2 million compared to the adjusted appropriation of R78.3 million in 2014/15 FY. This represents a real decrease of 9.58 per cent (R4.1 million). The Administration programme received the second largest allocation of the Directorate’s four programmes, although it was one of the two programmes that receive a slight decrease in allocation. The allocation of R74.2 million to programme 1 (Administration) constitutes 31.6 per cent of the Directorate’s total budget for 2015/16 FY. In nominal terms, the budget for this programme decreased by 4.1 per cent, while the real percentage change showed a decrease of 9.58 per cent.

 

Table 3: Administration Programme: Vote 20 IPID

Administration Programme R million	Budget		Nominal Increase/  Decrease in 2015/16	Real Increase/ Decrease in 2015/16	Nominal Percent change in 2015/16	Real Percent change in 2015/16
	2014/15	2015/16
Sub-programme 1: Department Management	6.8	10.6	3.8	3.3	55.88	48.74
Sub-programme 2: Corporate Services	40.9	30.4	-  10.5	-  11.9	-25.67	-29.08
Sub-programme 3: Office Accommodation	10.2	10.6	0.4	-  0.1	3.92	-0.84
Sub-programme 4: Internal Audit	3.9	3.6	-  0.3	-  0.5	-7.69	-11.92
Sub-programme 5: Finance Service	16.6	19.0	2.4	1.5	14.46	9.22
Total	78.3	74.2	-  4.1	-  7.5	-5.24	-9.58

Source: Estimates of National Expenditure 2015, Vote 20: IPID

 

In terms of Sub-programmes, three of the Directorate’s sub-programmes received increased allocations in 2015/16 FY compared to 2014/15 FY allocations. In particular, the Directorate’s Management, Office Accommodation and Financial Services sub-programmes received increased allocations of R10.6 million, R19.0 million and R10.6 million respectively. In contrast, Corporate Services and Internal Audit sub-programmes received decreased allocations. The Corporate Services Sub-programme received the bulk of the allocation of the Administration Programme in 2015/16 FY, with a main appropriation of R30.4 million of the total Programme appropriation of R74.2 million. This allocation represents 40.9 per cent of the total allocation of the Administration Programme (in contrast to 52% in 2014/15) which is a substantial decrease in percentage allocation.

 

In terms of economic classification in Programme 1: Administration, Current Payments received a decreased allocation of R73.9 million in 2015/16 FY compared to R76.9 allocation in 2014/15 FY. However, in terms of budget items within this economic classification, Compensation of Employees received an increased allocation of R46.2 million compared to the R34.1 million allocation received during 2014/15 FY (about R12 million additional funds). More so, during the 2015/16 FY, there was no allocation for machinery and equipment under Payments for Capital Assets economic classification even though in the previous financial year that budget item was allocated R1 million.

 

The following performance indicators were part of the 2014/15 APP and were not included in the Directorate’s 2015/16 APP:

 

• Number of Media statements released annually (omitted in 2015/16 APP)
• Number of responses to media enquiries released annually (omitted in 2015/16 APP)
• Number of environmental assessment studies conducted per year (omitted in 2015/16 APP)
• Number of asset verifications conducted (was not included in the 2014/15 APP and now included in the 2015/16 APP)

 

The following performance indicators are new:

• Number of candidates enrolled on learnership programme
• Percentage of trained officials

 

The Retention Policy and the ICT Plan were not included as indicators in the 2015/16 APP because the Directorate indicated that they have been developed and approved.

 

1. Programme 2: Investigation and Information Management

 

This programme coordinates and facilitates the Directorate’s investigation processes through the development of policy and strategic frameworks that guide and report on investigations. Its objectives are threefold. Firstly, it seeks to strengthen the Directorate’s oversight role of the police service by conducting investigations, within the powers granted by the Independent Police Investigative Directorate Act (2011) on an ongoing basis, making appropriate recommendations on investigations in the various investigation categories within 30 days, and submitting feedback to complainants within 30 days of the closure of the investigation. Secondly, it seeks to enhance efficiency in case management over the medium term by increasing the percentage of cases registered and allocated within 72 hours of receipt from 87 per cent in 2014/15 to 92 per cent in 2017/18. Lastly, it seeks to maintain relationships with state security agencies, such as the South African Police Service, National Prosecuting Authority, Civilian Secretariat for the Police Service and community stakeholders, through ongoing participation in national and provincial engagement forums. The programme consists of the following sub-programmes: Investigation Management, Investigation Services and Information Management.

 

 

Table 4: Investigation and Information Management Programme: Vote 20 IPID

Programme R million	Budget		Nominal Increase / Decrease in 2015/16	Real Increase / Decrease in 2015/16	Nominal Percent change in 2015/16	Real Percent change in 2015/16
	2014/15	2015/16
Sub-programme 1: Investigation Management	4.2	15.7	11.5	10.8	273.81	256.69
Sub-programme 2: Investigation Services	138.1	132.0	-  6.1	-  12.1	-4.42	-8.79
Sub-programme 3: Information Management	5.2	3.1	-  2.1	-  2.2	-40.38	-43.1
Total	147.5	150.8	3.3	-  3.6	2.24	-2.45

Source: Estimates of National Expenditure 2015, Vote 20: IPID

 

The total allocation for the programme in 2015/16 FY was R150.8 million compared to the R147.5 million adjusted appropriation received in 2014/15. FY Although in nominal terms the programme’s allocation increased by R3.3 million, when taking inflation into account, this allocation represents a real decrease of 2.45 per cent. The Investigation and Information Management programme received the largest allocation in the Directorate. The allocation of R150.8 million to Programme 2 constitutes 64.2 per cent, which represents almost two thirds of the total budget allocation of the Directorate.

 

In terms of sub-programmes, two of the Directorate’s sub-programmes received decreased allocations in 2015/16 compared to 2014/15 FY allocations and only one received an increase. In particular, the Directorate’s Information Management and Investigation Services sub-programmes received decreased allocations of R3.1 million and R132 million respectively. In contrast, the Investigation Management sub-programme received an increased allocation of R15.7 million. A total of 87.5 per cent of the allocation for this programme went to the Investigation Services sub programme in 2015/16 (down from 93 per cent in 2014/15).

 

In terms of economic classification in Programme 2: Investigation and Information Management, Compensation of Employees budget item received increased allocation of R115.1 million in 2015/16 FY compared to R99.2 million allocation received during 2014/15 FY (an increase of approximately R16 million). On the other hand, allocation to Goods and Services decreased from R44.8 million in 2014/15 FY to R35.7 million in 2015/16 FY. The increased allocation to Compensation of Employees corresponds to the pronounced plan of strengthening the Directorate’s investigative capacity.

 

While, Programme 2 (the core Programme where the investigative functions are executed) received the largest allocation from the Directorate’s total budget for 2015/16 FY it must be noted that the Investigation Services sub programme has received both a decreasing percentage allocation of the programme (87.5% of the total programme allocation in contrast to 93% in 2014/15) and a decreased budget (R132 million in contrast to R138 million in 2014/15).

 

According to the Directorate’s 2015-2020 Strategic Plan, filled posts will increase from 393 personnel in 2014/15 to 423 in 2017/18 and this will be accompanied by the increase in compensation of employees, which will be funded by reprioritisations from non-core goods and services and unfilled posts.

 

Target percentages have been reduced in the following performance indicators:

• Percentage of cases registered and allocated within 72 hours of receipt of written notification. Even though in percentage terms the target has increased from 89% to 90%, in real terms it has decreased from 5 486 to 4 937
•  Percentage of investigations of deaths in custody cases that are decision ready (finalised)- decreased from 65% to 60%
•  Percentage of investigations of deaths as a result of police action cases that are decision ready (finalised)- decreased from 55% to 50%
• Percentage of investigations of other criminal and misconduct matters referred to in section 28(1)(h) and 35 (1)(b) of the IPID Act that are decision ready (finalised)- decreased from 60% to 50%
• Percentage of approved systemic investigations that are decision ready (finalised)- decreased from 18 to 9
• Percentage of disciplinary recommendation reports referred to the South African Police Service and/or Municipal Police Services within 30 days of recommendation report being signed off - decreased from 100% to 80%.

 

The following performance targets were not included in the 2014/15 APP and are reported as new performance targets:

• Percentage of all decision ready investigations finalised (58% or 5 252)
• Percentage increase of criminal recommendations to prosecute that are placed on a court roll
• Percentage increase of disciplinary recommendations where disciplinary processes are initiated.

 

1. Programme 3: Legal Services

 

The programme manages and facilitates the provision of investigation advisory services, and provide legal, civil and labour litigation services. Its objectives are 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 the completion of investigations. The programme has three sub-programmes, namely; the Legal Support and Administration, which manages the Directorate’s legal obligations by developing and maintaining systems, procedures, and norms and standards to support, guide and direct legal support within the Directorate; the Litigation Advisory Services, which is responsible for coordinating civil and labour litigation, as well as coordinating the granting of policing powers and finalising received contracts and service level agreements and lastly; the Investigation Advisory Services that provides support during and after investigations, provides legal advice and guidance to investigators, and ensures that all cases that are forwarded for prosecution comply with the requirements of the prosecution process.

 

Table 5: Legal Service Programme: Vote 20 IPID

Programme R million	Budget		Nominal Increase / Decrease in 2015/16	Real Increase / Decrease in 2015/16	Nominal Percent change in 2015/16	Real Percent change in 2015/16
	2014/15	2015/16
Sub-programme 1: Legal Support and Administration	1.5	1.7	0.2	0.1	13.33	8.14
Sub-programme 2: Litigation Advisory Services	1.6	1.7	0.1	0.0	6.25	1.38
Sub-programme 3: Investigation Advisory Services	2.2	1.7	-  0.5	-  0.6	-22.73	-26.27
Total	5.4	5.1	-  0.3	-  0.5	-5.56	-9.88

Source: Estimates of National Expenditure 2015, Vote 20: IPID

 

The total allocation for the programme in 2015/16 was R5.1 million compared to the R5.4 million adjusted appropriation received in 2014/15 FY. Even though in nominal terms the programme’s allocation decreased by R300 thousand, when taking inflation into account, this allocation represents a real decrease of 9.88 per cent. The Legal Service programme received the third largest allocation in the Directorate. The allocation of R5.1 million to Programme 3 constitutes 2.17 per cent of the total budget allocation of the Directorate.

 

In terms of sub-programmes, two of the Directorate’s sub-programmes received increased allocations in 2015/16 compared to 2014/15 and only one received a slight decrease. In particular, the Directorate’s Legal Support and Administration, and Litigation Advisory Services sub-programmes received increased allocations of R1.7 million respectively. In contrast, the Investigation Advisory Services sub-programme received a decreased allocation of R1.7 million.

 

In terms of economic classification in programme 3: Legal Services, Compensation of Employees budget item received a decreased allocation of R4.3 million in 2015/16 FY compared to R4.7 million allocation received during 2014/15 FY. On the other hand, the allocation to Goods and Services increased from R600, 000 thousand in 2014/15 FY to R800, 000 thousand in 2015/16 FY.

 

The following new performance indicators were included in the 2015/16 APP:

• Number of interventions conducted on backlog cases
• Number of legal workshops conducted.

 

4.2.4 Programme 4: Compliance Monitoring and Stakeholder Management

 

The purpose of this programme is to safeguard the principles of cooperative governance and stakeholder management through on-going monitoring and evaluation of the quality of recommendations made to the SAPS and MPS. In addition, the programme also reports on the police service’s compliance with reporting obligations in terms of the IPID Act No.1 of 2011. The programme consists of the following two sub-programmes, namely; Compliance Monitoring and Stakeholder Management.

 

The total allocation for the Compliance Monitoring and Stakeholder Management programme in 2015/16 was R4.6 million compared to the R3.6 million adjusted appropriation received in 2014/15 FY. The allocation represents a real increase of 21.93 per cent. The Compliance Monitoring and Stakeholder Management programme received the smallest proportional allocation with 1.9 per cent of the total budget. Nonetheless, Compliance Monitoring and Stakeholder Management are also medium term priorities and the Directorate’s activities in this area are aimed at contributing to inspiring public confidence in the criminal justice system by ensuring that the Directorate’s recommendations are implemented and lead to disciplinary and criminal convictions.

 

Table 6: Compliance Monitoring and Stakeholder Management Programme: Vote 20 IPID

Programme R million	Budget		Nominal Increase/ Decrease in 2015/16	Real Increase / Decrease in 2015/16	Nominal Percent change 2015/16	Real Percent change  2015/16
	2014/15	2015/16
Sub-programme 1: Compliance Monitoring	1.2	4.0	2.8	2.6	233.33	218.07
Sub-programme 2: Stakeholder Management	2.4	0.6	-  1.8	-  1.8	-75.00	-76.15
Total	3.6	4.6	1.0	0.8	27.78	21.93

Source: 2015 ENE

 

In terms of sub-programmes, the Directorate’s Compliance Monitoring sub-programme received an increased allocation in 2015/16 FY compared to 2014/15 FY allocations and the Stakeholder Management received a substantial decrease. In particular, the allocation to sub-programme 1 for the 2015/16 FY increased by 218.07 per cent in real terms. In contrast, the allocation to sub-programme 2 saw a percentage decrease of 76.15 per cent in real terms.

 

In terms of economic classification in Programme 4: Compliance Monitoring and Stakeholder Management, Compensation of Employees budget item received an increased allocation of R4.2 million in 2015/16 FY compared to R2.5 million allocation received during 2014/15 FY. The allocation to Travel and subsistence decreased from R300, 000 thousand in 2014/15 FY to R100, 000 thousand in 2015/16 FY.

 

There was a target decrease for the performance indicator planned for the 2015/16 FY on the number of community outreach events conducted per year (from 306 to 216).

 

1. COMMITTEE OBSERVATIONS

 

1. General

 

The Committee made the following general observations during the 2015/16 budget hearings:

 

Leadership stability: The Committee highlighted the importance of leadership stability within the Directorate as it affects service delivery, including the attainment of the Directorate’s strategic objectives. The Committee requested the IPID to indicate what steps have been taken to ensure stability within the Directorate. The IPID stated that the importance of loyalty to the Directorate is communicated to all provinces, as well as weekly performance reports submitted to ensure that delivery is prioritised.  

 

National Special Investigation Team (NSIT): The Committee noted the efforts in the establishment of the NSIT as a step in the right direction in solving systemic corruption within the SAPS. However, the Committee questioned the funding of the NSIT and requested the Directorate to elaborate on the functions and funding of the NSIT. The Directorate stated that the NSIT will be located in the National Office and funded through special allocations, which was realised through savings on non-core items. Cabinet approved allocations of R22.5 million in 2015/16, R30.4 million in 2016/17 and R40.8 million in 2017/18 to ensure the strengthening of the newly established NSIT. The Unit was only started on 01 April 2015. The NSIT will be able to intervene through specialised training when a threat is made against an investigator. The Unit is currently capacitated with 12 personnel.

 

The Committee were concerned that the establishment of the Unit would take investigation capacity away from the core mandate of the IPID, which is too investigate serious criminal cases brought against the SAPS. The IPID stated that the investigators attached to the NSIT will also perform normal investigative duties. Members stated that cases like the Cato Manor case do not happen on a daily basis and that such capacity should be well managed as not to detract from the core mandate of the Unit.   

 

Public trust: The Committee raised concern about the apparent lack of trust that communities have in the SAPS (as raised by various stakeholders) and requested the IPID to indicate what steps will be taken to address this concern, as one of the key oversight bodies. The IPID stated that it executes its mandate to the best of its ability but that increased public awareness on their successes could assist in strengthening public trust in relation to police misconduct being dealt with effectively and efficiently.

 

Corruption: The Committee raised concern about prevalence of corruption in the SAPS and requested practical steps that the IPID will take to instil confidence in the Committee that the Directorate can effectively address corruption. The Committee further stated that the Directorate of Priority Crime Investigation (DPCI) are visible in arresting SAPS members on corruption changes, but that IPID lacks the necessary visibility. The IPID stated that a number of systemic corruption cases are currently being investigated. The IPID stated that it is reliant on the SAPS for crime intelligence, but could not report the exact number of cases being investigated. The NSIT will be instrumental in increasing the number of systemic corruption cases being finalised. The Committee requested that the information should be submitted. The Committee further requested that the Systemic Corruption Plan be submitted to the Committee.

 

Expansion strategy: The Committee noted with deep concern that the funding for expansion strategy had not been secured.

 

NDP: The Committee requested the IPID to indicate whether the Directorate will be able to realise the 2030 targets.  

 

Vetting: The Committee ask whether the Senior Management Structure (SMS) of the IPID are vetted and have valid security clearance certificates. The IPID stated that the entire SMS has submitted their completed documents to the State Security Agency (SSA) for processing. The Acting Executive Director has a valid security clearance certificate (since 1997). The IPID committed themselves to ensure that its SMS has the required security clearance.

 

Machinery and equipment: The Committee raised concern that no budgetary allocation was made towards machinery and equipment across the entire medium term. The IPID stated  that the necessary items within the machinery and equipment account, like computer hardware, have been procured in the last quarter of the 2014/15 financial year through savings and that the procured items will sustain the Directorate for the next three financial year. The Committee raised further concern regarding the possibility of fiscal dumping and stated that it is improbable that the zero rand allocation is realistic. The IPID conceded that they might have some challenges towards the outer year of the MTEF, but that they are hoping for additional funding from National Treasury. 

 

1. Programme 1: Administration

 

The Committee made the following observations during the 2015/16 budget hearings on Programme 1: Administration:

 

Effect of budget reductions: The Committee raised concerns about the possible impact that the budgetary cuts might have on the operations of the IPID. The IPID stated that it could not realise many planned initiatives to expand the footprint and capacity of the Directorate, which necessitated them to reprioritise. The IPID stated that the budget reductions will have an impact on their activities, but that they will continue to fulfil their mandate. The major impact was to their unfunded mandate, such as the integrity unit and protection to investigators. The Directorate stated that it will work smarter with the limited budget at their disposal.

 

Internal Audit: The Committee asked the IPID to report on progress made in terms of its Internal Audit Division/Committee and noted the concerns raised by the Auditor-General in 2014/15. The Committee further questioned the appointment of the Head of the Internal Audit Division. The IPID indicated that the Division suffers from capacity constraints and that in terms of skills, a needs assessment has been established and budgeted. The IPID assured the Committee that all processes were followed with the appointment of the Head of the Internal Audit Division, but that the matter will be investigated by the Legal Services Division. The Committee highlighted the importance of the Internal Audit Division as an early warning system.

 

Target for training: The Committee raised concern about the target to train only half (50per cent) of the investigators in 2015/16 and questioned whether it will be sufficient to capacitate investigators to fulfil its mandate. The IPID stated that the training of personnel is dependent on the availability of funds and that the Skills Development Levy Act (No 9 of 1999) prescribes that one per cent of the Department’s budget must be allocated to training.

 

Gender equality: The Committee welcomed the increased female representation of the IPID on the SMS, but stated that their target of 50 per cent representation could be increased. The IPID noted the recommendation from the Committee.  

 

Disabled persons: The Committee questioned whether the Directorate will be able to achieve its target of having two per cent of its staff complement consisting of people with disabilities in 2015/16. The IPID stated that it has five persons with disabilities in its employ, which is 1.4 per cent. The Directorate stated that it will endeavour to reach its target at the end of the 2015/16 financial year.

 

Consultative Forum: The Committee requested a progress update on the establishment and functioning of the Consultative Forum between the IPID and Civilian Secretariat for Police. The IPID stated that the Forum was launched on 06 March 2015 and that a meeting schedule for the 2015/16 financial year has been drafted.

 

Retention Strategy: The Committee asked whether the IPID has an approved Retention Strategy. The IPID confirmed that it does have an approved Retention Strategy.

 

Signage: The Committee raised concern about the lack of visibility of IPID offices and used the recent oversight visit to the Mpumalanga Provincial Office as an example. The Committee stated that it could not find the office as there were no signage visible. The IPID stated that the situation is receiving attention and that the landlord of the specific building in Nelspruit does not allow signage, but that alternative methods are being negotiated.

 

Vacancy target: The Committee raised concern about the lack of numeric figures with percentage targets, especially in terms of the filling of vacancies, in terms of National Treasury Regulations. The IPID noted the concern of the Committee and stated that the Directorate currently have 73 vacancies and that 100 per cent employment is not always possible.

 

1. Programme 2: Investigation and Information Management

 

The Committee made the following observations during the 2015/16 budget hearings on Programme 2: Investigation and Information Management:

 

Public Order Policing (POP): The Committee raised concern about the capacity of the IPID to deal with cases emanating from the POP environment and especially those involving the recent spate of xenophobic attacks. The Committee requested the IPID to indicate the number of cases being dealt with and also to highlight key challenges of this environment. The IPID stated that cases from the POP environment, as well as xenophobia-related cases are classified as assault cases, but that it can be extrapolated.

   

Targets: The Committee raised serious concerns about the performance target to complete only half (50 per cent) of cases involving deaths in police custody, more especially regarding the message being communicated by such low target. The IPID stated that the target must meet the SMART criteria set by National Treasury, one of which is that it must be achievable. Many factors delay the completion of cases. The Committee was dissatisfied with the response and stated that a justification of the target is not useful and that the IPID must indicate what it will take in terms of resources to complete 100 per cent of all investigations of deaths in police custody. The IPID indicated that a detailed breakdown of resources needed will be developed and submitted to the Committee. 

 

In a written response received by the IPID on 30 April 2015, it was stated that it is not always possible to achieve 100 per cent targets and that it is discouraged by the Department of Monitoring and Evaluation (DPME) and Treasury. The IPID stated that the realisation of increases to the target can be achieved through the implementation of its Expansion Strategy and referred the Committee to pages 8 to 11, paragraph 7 of the Strategy.

 

The Committee also raised concern on the depiction of targets in terms of rape in police custody. The IPID explained that the numeric figure is based on the percentage increases on the baseline figure. The Committee requested that this figure should be explained in the APP through a footnote. 

 

Training: The Committee raised concern about the training and capacity building of investigators and requested the IPID to indicate whether they are partnering with any other institutions to improve the quality of training provided to investigators. The IPID stated that the SASETA is closely involved in the training of investigators and that middle managers are trained on the SAPS Detective Training Course at the Paarl Academy. The Committee further questioned what progress has been made in the development of a unique and independent (from SAPS) qualification for IPID investigators. The IPID indicated that it is working with the African Police Civilian Oversight Forum (APCOF) and the Universities of Stellenbosch and Pretoria to develop the qualification for investigators. The Committee requested an explanation on the decision to engage the University of Stellenbosch and also whether applicable training in other countries was considered. The IPID stated that the University was the only one that expressed an interest to collaborate in the development of the qualification and stated that the possibility of international training will be investigated.   

 

Vacancies: While the Committee noted the strides that had been made in the filling of vacancies, the vacancy rate remained unacceptably high particularly for key strategic positions such as those under Programme 2. The IPID stated that the vacancy rate decreased from 23 per cent to 14 per cent in the last financial year and that it will improve and stabilise with the implementation of the Procurement Plan of the IPID.

 

Goods and services/decentralised work arrangement: The Committee requested an explanation on the reduction in the Goods and services account of the IPID. The IPID stated that the reduction in the allocation is mainly due to the reduced allocation made towards Travel and subsistence from R10.2 million in 2014/15 to R4.8 million in 2015/16. The Committee raised significant concern about this reduction as investigators need to travel to investigate cases. The IPID stated that a new work model was developed where investigators work from home, for instance if the investigator stays in Kakamas he/she does not have to travel to the Provincial Office in Upington on a daily basis, but can investigate cases in and around Kakamas. The investigators are required to attend a weekly progress meeting at the nearest Provincial or satellite office. The Committee noted that this arrangement must be carefully managed.

 

Rapes in police custody: The Committee raised concern about the increase of rapes in police custody at the Calcutta police station and requested a written report on the matter including steps taken to address this increase and the cause of the increase.

 

Firearms: The Committee raised concern about the management of IPID firearms and requested the Directorate to indicate the number of firearms in the IPID, the number that has been lost as well as who is the responsible official for firearms of the IPID. The Directorate stated that the Chief Director for the Investigations and Information Management Programme is the Designated Firearms Officer (DFO) of the IPID in terms of the Firearms Control Act, 2000. The IPID stated that only one firearm had been lost since the establishment of the Directorate and requested that the number of firearms of the IPID be submitted as a written response.  

 

Dedicated prosecutors: The Committee asked whether any progress has been made in terms of assigning dedicated National Prosecuting Authority (NPA) to IPID cases against the SAPS as the reluctance of the NPA to prosecute cases against the SAPS has been highlighted as a key concern by various stakeholders. The IPID stated that engagement on this issue is ongoing.

 

Decrease in cases: The Committee raised concerns about the fact that civil claims against the SAPS increased drastically over the past years, while cases reported to the IPID have decreased. It was pointed out that the danger herein is that the public are presumably choosing to follow the route of civil litigation against the SAPS to ensure results, rather than approaching the IPID. The Directorate stated that it will improve its awareness campaigns and also promote successful investigations against the SAPS in order to instil public trust that the IPID yields results.

 

1. Programme 3: Legal Services

 

The Committee made the following observations during the 2015/16 budget hearings on Programme 3: Legal Services:

 

Vacancies: The Committee requested the IPID to state the number of vacancies within the Legal Services Programme. The Directorate indicated that the Programme currently has only one vacancy in a senior legal officer post. 

 

Targets: The Committee commended the Programme for clearly laid out and defined targets.

 

1. Programme 4: Compliance Monitoring and Stakeholder Management 

 

The Committee made the following observations during the 2015/16 budget hearings on Programme 4: Compliance Monitoring and Stakeholder Management:

 

Disciplinary recommendations: With respect to IPID recommendations to the SAPS after their investigations, the Committee raised concerns about whether there is more clarity on the interpretation of the ‘initiation of procedures’ and whether the implementation of recommendations has increased. The IPID stated that there had been numerous discussions on the interpretation of the ‘initiation of processes’ and that it is currently busy with an inward focussed analysis on its own procedures and processes, but stated that there has already been an improvement in the implementation figures.

 

Community outreach: The Committee raised concern about the decrease in the targeted community outreach campaigns. The IPID stated that the reduction was necessitated by budgetary constraints and further that it forms part of the unfunded mandate of the IPID as these outreach campaigns have never been budgeted.   

 

1. RECOMMENDATIONS AND ADDITIONAL INFORMATION

 

This section provides a summary of the recommendation made by the Committee and also a summary of the additional information requested during the 2015/16 budget hearings.

 

1. Additional information

 

The Committee requested additional information through written responses to supplement the information gathered during hearings on the 2015/16 budget hearings of the IPID:

• The Committee requested that a copy of the Systemic Corruption Strategy should be submitted (received on 30 April 2015).
• The IPID should submit a disaggregated list of assault cases to indicate cases related to the POP environment, and also those cases reported on xenophobia-related crimes. 
• A detailed report on the decentralised work arrangement of investigators should be submitted. 
• The IPID should submit a copy of its Recruitment Plan (received 30 April 2015).
• The IPID should submit a report to the Committee detailing the processes around the appointment of the Head of the Internal Audit Division.
• The IPID should submit a report on the rationale for the establishment of the NSIT (received 30 April 2015).
• A detailed report on steps taken to address the increase of incidents of rapes in police custody at the Calcutta police station should be submitted, including the attributing factors and recommendations made in this regard.
• The IPID should submit a detailed breakdown of resources needed to achieve 100 per cent achievement on its performance targets for deaths in police custody (received on 30 April 2015).
• The IPID should submit a report on the number of firearms in its possession. 

 

1. Recommendations

 

The Committee made several recommendations to the IPID during the 2015/16 budget hearings. These included the following:

 

Budget recommendations:

 

1. The Committee recommends that the reprioritised budget of the IPID should be carefully managed to mitigate against a possible neglect of its mandate. 
2. The Committee recommends that the budget allocation, or lack thereof, for Machinery and equipment should be reviewed as it is not sustainable over the medium term.  

 

Performance recommendations:

 

1. The Committee recommends that the IPID should investigate the availability of international police investigative qualifications to capacitate investigators.
2. The Committee recommends that the IPID should update the Committee on progress made in the development of a unique curriculum for investigators in collaboration with the Universities of Stellenbosch and Pretoria and APCOF.
3. The Committee recommends that the achievements by the IPID in terms of successful prosecutions should be made public in order to increase public trust in the IPID to successfully investigate criminality of the SAPS.   
4. The Committee recommends that the decentralised work arrangement should be managed carefully to ensure that performance targets in the Investigation and Information Management Programme are reached.  
5. The Committee recommends that the Internal Audit Division should be capacitated as a matter of urgency for it to provide an effective early warning system to the IPID.
6. The Committee recommends that all percentage targets should include numeric figures as per Treasury Regulations.
7. The Committee recommends that the target for investigations finalised on deaths in police custody should be increased from 50 per cent to 100 per cent and that the IPID should be mindful of the messages communicated through performance targets.
8. The Committee recommends that increased resources need to be allocated to ensure that IPID is in a position to solve all deaths as a result of police action without delay and report that information to the victims.
9. The Committee recommends that liaison between the IPID, Civilian Secretariat for Police and the MEC at Provincial level should be improved and prioritised.
10. The Committee recommends that the IPID should prioritise engagements with the NPA to secure dedicated prosecutors to IPID cases against the SAPS.  
11. The Committee recommends that the Directorate should not limit its efforts to achieving parity in gender representation.
12. The Committee recommends that the appointment of people with disabilities should remain a priority of the IPID.
13. The Committee recommends that the IPID should revise its branding and advertising strategy (signage) at Provincial and Satellite offices in order to improve on its visibility and its relevance to the community.

 

1. CONCLUSION

 

In conclusion, the Committee indicated that it will continue to fulfil its Constitutional mandate which is guided by the Parliamentary rules in conducting oversight over the functioning of IPID in order to ensure proper and effective functioning and compliance with the legislative mandate and policy requirements of the IPID. 

 

The Portfolio Committee on Police supports the budget allocation of the IPID for 2015/16 and recommends that the Budget Vote 20 be adopted. The Democratic Alliance (DA) and Economic Freedom Fighters (EFF) reserves their position on the budget.

 

Report to be considered.