ATC220504: Report of the Portfolio Committee on Police on the 2022/23 Budget for Vote 24 and Annual Performance Plan (APP) of the Independent Police Investigative Directorate (IPID), Dated 04 May 2022

Police

REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON THE 2022/23 BUDGET FOR VOTE 24 AND ANNUAL PERFORMANCE PLAN (APP) OF THE INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID), DATED 04 MAY 2022.

The Portfolio Committee on Police examined the Budget Vote of the Independent Police Investigative Directorate (Vote 24) for the 2022/23 financial year, as well as the projections of the Medium-Term Expenditure Framework (MTEF) for 2020-2024, which were included in the Estimates of National Expenditure (ENE) 2022. The budget was examined in conjunction with the Annual Performance Plan (APP) for 2022/23 and the Strategic Plan (2020-2025). The Committee reports as follows:

1.Introduction

1.1.Structure

The Report provides an overview of the 2022/23 Budget Hearings of the IPID. The Report is structured as follows:

Section 1: Introduction. This section provides an introduction to this Report as well as a summary of meetings held during the hearings.
Section 2: Legislative mandate. This section provides a summary of the IPIDs legislative mandate as per the IPID Act, 2011 and Constitution.
Section 3: Budget allocation for 2022/23. This section provides an analysis of the budget allocations per programme of the IPID for the 2022/23 financial year.
Section 4: Programme performance indicators for 2022/23. This section provides a summary of the IPIDs performance indicators per programme for the 2022/23 financial year.
Section 5: Committee observations. This section provides selected observations made by the Portfolio Committee on Police in general, on the annual performance targets and programme specific issues during the 2022/23 budget hearings and subsequent responses by the IPID.
Section 7: 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 8: Conclusion. This section provides concluding remarks.

1.2.Meetings held

The Committee met on 22 April 2022 to consider the IPID 2022/23 APP and Budget. The meeting was held on a virtual platform.

2.Legislative mandate

The IPID Act, 2011 (Act No. 1 of 2011) (“the Act”) came into operation on 01 April 2012 to give effect to section 206(6) of the Constitution, which makes provision for the establishment of an independent police complaints body. The objectives of the IPID Act are to:

Align provincial and national strategic objectives to enhance the functioning of the Directorate;
Provide for independent and impartial investigation of identified criminal offences allegedly committed by members of the SAPS and the Municipal Police Services;
Make disciplinary recommendations to the SAPS resulting from investigations conducted by the Directorate;
Provide for close cooperation between the Directorate and the Secretariat; and
Enhance accountability and transparency of the SAPS and the Municipal Police Services in accordance with the principles of the Constitution.

The IPID Act provided the Directorate with an extended mandate, which focuses on serious crimes committed by members of the SAPS and the MPS. It further obliges the SAPS and the MPS to report on matters for investigation by the IPID and the status of implementation of disciplinary recommendations made by the IPID upon the completion of investigations.

In terms of section 28(1) of the Act, the Directorate must investigate:

Any deaths in police custody;
Deaths as a result of police actions;
Complaints relating to the discharge of an official firearm by any police officer;
Rape by a police officer, whether the police officer is on or off duty;
Rape of any person in police custody;
Any complaint of torture or assault against a police officer in the execution of his or her duties;
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
Any other matter referred to the IPID because 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.

Section 28 (2) further provides that the Directorate may investigate matters relating to systemic corruption involving the police.

3.Budget allocation for 2022/23

3.1.Overall budget allocation

The IPID received a Main Appropriation of R357.2 million in 2022/23, which is a slight nominal increase of 1.0 per cent. However, taking into account inflation, the Directorate’s allocation decreased by 3.37 per cent. The Administration Programme received an allocation of R104.6 million in 2022/23, which is a nominal increase of R2.2 million or 2.14 per cent. In real terms, the allocation decreased with of 2.26 per cent compared to the previous financial year. The Investigation and Information Management Programme received a Main Appropriation of R231.7 million, which is a slight nominal decrease of 0.15 per cent compared to the previous financial year. However, when considering inflation, the Programme’s allocation decreased with 4.17 per cent. The Programme performs the core service delivery mandate, and as such, the decrease is concerning.

The Legal and Investigation Advisory Services Programme received a Main Appropriation of R7 million in 2022/23, which is a nominal increase of 8.99 per cent and real increase of 4.29 per cent compared to the previous financial year. The Compliance Monitoring and Stakeholder Management Programme received a Main Appropriation of R13.9 million in 2022/23, which is a nominal increase of 2.5 per cent, but a real decrease of 1.92 per cent compared to the previous financial year.

Table 1: Comparative changes in expenditure estimates by programme: 2021/22 to 2022/23

Programme	Budget		Nominal Increase / Decrease in 2022/23 (R)	Real Increase / Decrease in 2022/23 (R)	Nominal Percent change in 2022/23	Real Percent change in 2022/23
R million	2021/22	2022/23	Nominal Increase / Decrease in 2022/23 (R)	Real Increase / Decrease in 2022/23 (R)	Nominal Percent change in 2022/23	Real Percent change in 2022/23
Programme 1: Administration	102,4	104,6	2,2	- 2,3	2,14 per cent	-2,26 per cent
Programme 2: Investigation and Information Management	231,3	231,7	0,3	- 9,6	0,15 per cent	-4,17 per cent
Programme 3: Legal and Investigation Advisory Services	6,5	7,0	0,6	0,3	8,99 per cent	4,29 per cent
Programme 4: Compliance Monitoring and Stakeholder Management	13,6	13,9	0,3	- 0,3	2,50 per cent	-1,92 per cent
TOTAL	353,8	357,2	3,4	- 11,9	1,0 per cent	-3,37 per cent

Source: National Treasury (2022)

The Department’s proportional allocation to Programmes changed slightly in 2022/23 compared to the previous financial year. The Administration Programme receives 29.27 per cent of the Departments total budget allocation. The proportional allocation increased with 0.33 per cent in 2022/23 compared to the previous financial year. The Investigation and Information Management Programme continues to receive the bulk of the Department’s total allocation at 65.85 per cent thereof. In 2022/23, the programme’s proportional allocation decreased with 0.54 per cent.

The proportional allocation of the Legal and Investigation Advisory Services Programme increased slightly with 0.14 per cent and that of the Compliance Monitoring and Stakeholder Management Programme increased slightly with 0.06 per cent.

In terms of economic classification, the largest portion of funds is allocated to Current Payments. In 2022/23, the Main Appropriation of Current Payments was R350.2 million which is a nominal increase of 2.88%. Although the largest portion of funds is located in Compensation of Employees, items under Goods and Service had the largest percentage increase in 2022/23 compared to the previous financial year. In 2022/23, items under Goods and services increased nominally with 9.37 per cent of which the largest increase is in computer services (+21.51 per cent).

In 2022/23, the Department has a Main Appropriation of R239.5 million for Compensation of employees, which is a slight nominal increase of 0.13 per cent.

Under Goods and services, the following should be noted:

Communication: +17.14 per cent
Computer services: +21.51 per cent
Fleet services: +20.95 per cent
Property payments: +8.13 per cent
Travel and subsistence: +11.7 per cent

In 2022/23, Transfers and subsidies received a Main Appropriation of R800 000.00, which is a substantial nominal decrease of 36.2 per cent largely due to no funding made towards Households. Machinery and equipment received a Main Appropriation of R6.2 million, which is a significant nominal decrease of 48.75 per cent.

Table 2: IPID Budget Summary per programme and economic classification

	Budget		Nominal Percent change in 2022/23
Economic classification	2021/22	2022/23	Nominal Percent change in 2022/23
Current payments	340,4	350,2	2,88 per cent
Compensation of employees	239,2	239,5	0,13 per cent
Goods and services	101,2	110,7	9,37 per cent
of which:
Communication	5,6	6,6	17,14 per cent
Computer services	8,0	9,7	per cent
Fleet services (including government motor transport)	7,1	8,5	20,95 per cent
Operating leases	27,0	26,9	-0,54 per cent
Property payments	22,5	24,3	8,13 per cent
Travel and subsistence	13,1	14,6	11,70 per cent
Transfers and subsidies	1,3	0,8	-36,22 per cent
Provinces and municipalities	0,1	0,1	2,94 per cent
Departmental agencies and accounts	0,7	0,7	2,41 per cent
Households	0,5	–	-100,00 per cent
Payments for capital assets	12,0	6,2	-48,75 per cent
Machinery and equipment	12,0	6,2	-48,75 per cent
Payments for financial assets	–	–

Source: National Treasury (2022)

The Committee recommended in its 2021 Budgetary Review and Recommendations Report (BRRR) that the IPID should report back on its plans to procure independent technical reports. The Committee recommended that the National Treasury considers making funds available to enable this to happen. In the 2022 Budget Review, the Minister of Finance reported that “although the current fiscal context and constrained budget does not allow for additional funds at this time, the National Treasury has engaged with the IPID on its budget constraints and cost containment measures. The National Treasury also identified inefficiencies and possible savings in information and communication technologies through a spending review.”

According to the Department, the implementation of ICT Plan remains a key priority in 2022/23. Since the 2018/19 financial year, funds were allocated to improve ICT infrastructure and placement of IT operational equipment. Management will continue to reprioritise the limited resources to fund key ICT projects. Some of the prioritised projects include finalisation of network upgrade, disaster recovery site and network upgrade for a dedicated line of transversal systems.

3.2.Budget allocation per budget programme

3.2.1.Administration Programme

The Administration Programme received a Main Appropriation of R104.6 million in 2022/23, which is a nominal increase of 2.1 per cent and a real increase of 2.26 per cent compared to the previous financial year. The Department Management subprogramme received a Main Appropriation of R18.8 million in 2022/23, which is a nominal decrease of 1.23 per cent. Considering inflation, the allocation decreased by 5.49 per cent compared to the previous financial year.

Table 3: Budget allocation per subprogramme of the Administration Programme

Programme	Budget			Nominal Increase / Decrease in 2022/23 (R)	Real Increase / Decrease in 2022/23 (R)	Nominal Percent change in 2022/23	Real Percent change in 2022/23
R million	2021/22	2022/23
Department Management	19,1	18,8	- 0,2		- 1,0	-1,23 per cent	-5,49 per cent
Corporate Services	40,3	40,8	0,5		- 1,3	1,26 per cent	-3,10 per cent
Office Accommodation	14,6	15,2	0,5		- 0,1	3,69 per cent	-0,78 per cent
Internal Audit	5,4	5,7	0,2		0,0	4,58 per cent	0,07 per cent
Finance Services	22,9	24,1	1,1		0,1	4,91 per cent	0,39 per cent
TOTAL	102,4	104,6	2,2		- 2,3	2,1 per cent	-2,26 per cent

Source: National Treasury (2022)

The Corporate Services subprogramme received a Main Appropriation of R40.8 million in 2022/23, which is a nominal increase of 1.26 per cent and real decrease of 3.10 per cent compared to the previous financial year. The Office Accommodation subprogramme received a Main Appropriation of R15.2 million in 2022/23, which is a nominal increase of 3.69 per cent, which is real decrease of 0.78 per cent. The Internal Audit subprogramme received a Main Appropriation of R5.7 million in 2022/23, which is a nominal increase of 5.58 per cent compared to the previous financial year. Considering inflation, the subprogramme’s budget allocation increased by 0.07 per cent. The Finance Services subprogramme received a Main Appropriation of R24.1 million in 2022/23, which is a nominal increase of 4.91 per cent and a real increase of 0.39 per cent. The subprogramme received the largest budget increase in 2022/23 of the Administration Programme.

The table below shows only slight changes in the proportional allocation towards subprogrammes. The Corporate Services subprogramme continues to receive the bulk of the Programme’s allocation (39.06 per cent), followed by the Finance Services subprogramme (23.0 per cent).

3.2.2.Investigation and Information Management Programme

The Investigation and Information Management Programme received a Main Appropriation of R231.7 million in 2022/23, which is a slight nominal decrease of 0.1 per cent compared to the previous financial year. Considering inflation, the Programme’s allocation decreased with 4.17 per cent. The Investigation Management subprogramme received a Main Appropriation of R9.4 million in 2022/23, which is a substantial nominal decrease of 14.61 per cent and a real decrease of 18.28 per cent compared to the previous financial year. The subprogramme’s allocation is expected to decrease, on average, with 15.6 per cent over the medium-term. The Investigation Services subprogramme received a Main Appropriation of R216.5 million in 2022/23, which is a nominal increase of 1.11 per cent and considering inflation, the allocation decreased with 3.24 per cent. The Information Management subprogramme received a Main Appropriation of R5.8 million in 2022/23, which is a substantial nominal decrease of 6.85 per cent and a real decrease of 10.86 per cent.

Table 4: Budget allocation of the Investigation and Information Management Programme

Programme	Budget		Nominal Increase / Decrease in 2022/23 (R)		Nominal Percent change in 2022/23	Real Percent change in 2022/23
R million	2021/22	2022/23
Investigation Management	11,0	9,4	- 1,6	- 2,0	-14,61 per cent	-18,28 per cent
Investigation Services	214,1	216,5	2,4	- 6,9	1,11 per cent	-3,24 per cent
Information Management	6,2	5,8	- 0,4	- 0,7	-6,85 per cent	-10,86 per cent
TOTAL	231,3	231,7	0,3	- 9,6	0,1 per cent	-4,17 per cent

Source: National Treasury (2022)

The Investigation Management subprogramme’s proportional allocation decreased with 0.7 per cent compared to the previous financial year. The Investigation Services subprogramme continues to receive the bulk of the Programme’s allocation (93.4 per cent).

In order to address concerns raised by different stakeholders regarding the quality of IPID investigations, the Department intends to recruit nine investigation quality assurers, of which three posts will be permanent and six on fixed-term contracts at a total cost of R3.4 million in the Investigation and Information Management Programme. The appointment of the quality assurers will be offset through identified existing funded vacant posts at salary level 9 that will not be filled.

3.2.3.Legal and Investigation Advisory Services Programme

The Legal and Investigation Advisory Services Programme received a Main Appropriation of R7.0 million in 2022/23, which is a nominal increase of 9.0 per cent and a real increase of 4.29 per cent compared to the previous financial year. The Legal Support and Administration subprogramme received a Main Appropriation of R2.3 million, which is a nominal increase of 2.3 per cent. Considering inflation, the subprogramme’s allocation had a real decrease of 2.1 per cent. The Litigation Advisory Services subprogramme received a Main Appropriation of R2.3 million in 2022/23, which is a substantial nominal increase of 31.15 per cent and a real increase of 25.5 per cent. The Investigation Advisory Services subprogramme received a Main Appropriation of R2.4 million in 2022/23, which is a nominal decrease of 1.06 per cent and a real decrease of 5.32 per cent.

Table 5: Budget allocation of the Legal and Investigation Advisory Services Programme

Programme	Budget		Nominal Increase / Decrease in 2022/23 (R)	Real Increase / Decrease in 2022/23 (R)	Nominal Percent change in 2022/23	Real Percent change in 2022/23
R million	2021/22	2022/23
Legal Support and Administration	2,2	2,3	0,1	0,0	2,30 per cent	-2,10 per cent
Litigation Advisory Services	1,8	2,3	0,6	0,5	31,15 per cent	25,50 per cent
Investigation Advisory Services	2,5	2,4	0,0	- 0,1	-1,06 per cent	-5,32 per cent
TOTAL	6,5	7,0	0,6	0,3	9,0 per cent	4,29 per cent

Source: National Treasury (2022)

Proportionally the subprogrammes have a relatively equal allocation. This was largely brought about by the substantial increase in the Litigation Advisory Services. The proportional allocation of the Legal Support and Administration subprogramme decreased with 2.10 per cent compared to the previous financial year. In turn, this led to an increase in the proportional allocation of the Litigation Advisory Services subprogramme with 5.6 per cent. The proportional allocation of the Investigation Advisory Services subprogramme decreased by 3.51 per cent.

3.2.4.Compliance Monitoring and Stakeholder Management Programme

The Compliance Monitoring and Stakeholder Management Programme received a Main Appropriation of R13.9 million in 2022/23, which is a nominal increase of 2.5 per cent compared to the previous financial year. Considering inflation, the Programme’s allocation decreased with 1.92 per cent. The Compliance Monitoring subprogramme received a Main Appropriation of R8.1 million in 2022/23, which is a nominal increase of 5.64 per cent. Considering inflation, the subprogramme’s allocation increased with 1.09 per cent. The Stakeholder Management subprogramme received a Main Appropriation of R5.9 million in 2022/23, which is a nominal decrease of 1.52 per cent compared to the previous financial year. Considering inflation, the allocation decreased in real terms with 5.76 per cent.

Table 6: Budget allocation of the Compliance and Stakeholder Management Programme

Programme	Budget		Nominal Increase / Decrease in 2022/23 (R)	Real Increase / Decrease in 2022/23 (R)	Nominal Percent change in 2022/23	Real Percent change in 2022/23
R million	2021/22	2022/23
Compliance Monitoring	7,6	8,1	0,4	0,1	5,64 per cent	1,09 per cent
Stakeholder Management	6,0	5,9	- 0,1	- 0,3	-1,52 per cent	-5,76 per cent
TOTAL	13,6	13,9	0,3	- 0,3	2,5 per cent	-1,92 per cent

Source: National Treasury (2022)

The changes in the Main Appropriations of the subprogrammes influenced their proportional allocations in 2022/23 compared to the previous financial year. The proportional allocation of the Compliance Monitoring subprogramme increased with 1.72 per cent, while that of the Stakeholder Management subprogramme decreased with 1.72 per cent.

3.3.Personnel and expenditure on compensation of employees

Compensation of employees is the Department’s largest spending area, accounting for 67.1 per cent (R968.7 million) of its total budget over the period 2021/22 to 2024/25. Spending on compensation of employees is expected to increase at an average annual rate of 1.5 per cent, from R239.2 million in 2021/22 to R250.4 million in 2024/25. This is mainly due to an additional allocation of R5.4 million in 2022/23, in line with the 2021/22 public-sector wage agreement and the reprioritisation of R10.9 million over the MTEF period to enable the alignment of investigators’ conditions of service with those of detectives in the South African Police Service. Only core vacant posts, such as those of investigators and the quality assurers, are prioritised to be filled.

In 2022/23, the total staff establishment will increase from 391 to 397 (excluding interns). According to the Department a study was conducted during the inception of IPID Act, 2011 in conjunction with the Department of Public Service and Administration (DPSA) and the outcome suggested a minimum of 535 posts in various function areas. However, the staff establishment is currently at 397, which is a shortfall of 138.

4.programme Performance indicators for 2022/23

In 2022/23, the Directorate has 34 performance indicators, of which four are new indicators located in the Administration Programme. The majority of the 2022/23 performance targets remained unchanged compared to the previous financial year. Many of the Investigation and Information Management Programme’s performance targets decreased compared to the previous financial year, which is concerning as this is the Department’s core service delivery programme. For instance, the target for the investigations of rape by a police officer decreased from 70 in 2021/22 to 30 in 2022/23. This target was also reduced from 130 in 2020/21 to 70 in 2021/22. Similarly, the target for investigations of deaths in police custody decreased from 120 in 2021/22 to 80 in 2022/23.

These decreases are especially concerning in the context of increased instances of police brutality in the enforcement of lockdown restrictions. According to the Department, despite the decrease of performance targets, the Department has begun an organisational realignment process to prioritise frontline services and convert vacant posts in non-core areas into the appointment of additional investigators over the medium-term.

4.1.Administration Programme

The purpose of the Administration Programme is to provide for the overall management of the Independent Police Investigative Directorate and support services, including strategic support to the Department.

The Administration Programme has nine performance indicators, of which four are new targets specifically aimed at the empowerment of women and youths. In 2022/23, the Department removed the performance indicator to report on the compliance of the Senior Management Structure (SMS) financial interests submitted through e-disclosures, which is concerning.

Table 7: Programme Performance Indicators and Targets

Performance indicators	2022/23 Target
Percentage vacancy rate per year	10%
Percentage implementation of Annual Internal Audit Plan	90%
Percentage implementation of risk mitigating strategies	60%
Percentage implementation of ICT Infrastructure Plan	70%
Percentage implementation of Youth Development Strategy per year	80%
Percentage representation of youth in the Department *(New indicator)*	19%
Percentage representation of women at senior management service (SMS) per year *(New indicator)*	50%
Percentage Representation of persons living with disabilities in the department per year *(New indicator)*	3%
Percentage Procurement of goods and services from women-owned enterprises per year *(New indicator)*	40%

Source: 2022/23 IPID APP

4.2.Investigation and Information Management Programme

The purpose of the Investigation and Information Management Programme is to strengthen the Department’s oversight role over the police service by conducting investigations, in line with the powers granted by the Independent Police Investigative Directorate Act No. 1 of 2011. This includes making appropriate recommendations on investigations in the various investigation categories and submitting feedback to complainants. The Programme will also enhance efficiency in case management and maintain relationships with other state security agencies, such as the SAPS, the National Prosecuting Authority (NPA), Civilian Secretariat for Police Service (CSPS) and community stakeholders, through on-going national and provincial engagement forums.

According to the APP, the Programme coordinates and facilitates the Department’s investigation processes through the development of policy and strategic frameworks that guide and report on investigations. The programme consists of the following three subprogrammes:

Investigation Management develops and maintains investigation systems, procedures, norms, standards and policies in line with the IPID Act (2011) and other relevant prescripts.
Investigation Services manages and conducts investigations in line with provisions in the IPID Act (2011).
Information Management manages information and knowledge-management services through the development and maintenance of a Case Flow Management System and database, analyses and compiles.

In 2022/23, the Programme has 13 performance indicators, of which four have decreased targets, three indicators have increased targets and six remained unchanged. The decreases in targets are concerning.

Table 8: Programme Performance Indicators and Targets

Performance indicators	Targets		Comments
Performance indicators	2021/22	2022/23	Comments
Number of investigations of deaths in police custody that are decision ready	120	80	Decreased
Number of investigations of death as a result of police action that are decision ready	220	240	Increased
Number of cases for investigation of the discharge of an official firearm by a police officer that are decision ready	370	370	Unchanged
Number of investigations of rape by a police officer that are decision ready	70	30	Decreased
Number of investigations of rape while in police custody that are decision ready	6	1	Decreased
Number of investigations of torture that are decision ready	80	80	Unchanged
Number of investigations of assault that are decision ready	2 000	2 000	Unchanged
Number of investigations of corruption that are decision ready	70	70	Unchanged
Number of investigations of other criminal and misconduct matters referred to the Directorate in terms of s28(1)(h) and s35(1)(c) of the IPID Act that are decision read	10	30	Increased
Number of investigations of offences referred to in section 33 of the IPID Act that are decision ready	5	15	Increased
Number of approved systemic corruption cases that are decision ready	2	1	Decreased
Percentage of criminal recommendation reports referred to the NPA within 30 days of recommendation report being signed off	90%	90%	Unchanged
Percentage of disciplinary recommendation reports referred to the SAPS or MPS within 30 days of recommendation report being signed	90%	90%	Unchanged

Source: IPID 2022/23 APP

The target for the investigations of rape by a police officer decreased from 70 in 2021/22 to 30 in 2022/23. This target was also reduced from 130 in 2020/21 to 70 in 2021/22. Similarly, the target for investigations of deaths in police custody decreased from 120 in 2021/22 to 80 in 2022/23.

As at 14 March 2022, the Department had a total of 12 973 active cases. These active cases incorporate cases registered in the 2021/22 financial year and backlog cases which are cases that were carried over from previous financial years. According to the Department, assault cases contribute 67 per cent (8 664) of the workload, followed by 15 per cent (1 890) of discharge of an official firearm, 7 per cent (946) of death as a result of police action and torture with 6 per cent (731). The Eastern Cape, Gauteng, KwaZulu-Natal and Western Cape had the highest number of actives cases ranging between 1 468 to 3 384.

Over the MTEF period, the Department will continue to prioritise the investigation of high impact cases which includes:

Gender-based violence and Femicide
Corruption
Systemic corruption
Death in police custody
Death as a result of police action
Rape by police officer and
Rape in police custody.

According to the Department, thus will result in the majority of limited resources being redirected towards investigation of these cases. The Department has collaborated with African Policing Civilian Oversight Forum (APCOF) to develop a framework for screening and prioritisation of cases.

During 2021/22, two Memorandum of Understandings (MoUs) were signed with the SAPS and NPA. The MoU with the NPA allows for the secondment of IPID investigators to the Investigative Directorate (ID) in NPA on cases related to state capture.

The Department’s structure consists of a National Office which is based in Pretoria, nine Provincial Offices and four Satellite Offices. In 2022/23, the IPID will continue to share office space with other organs of state to minimise operational costs. The strategy has already yielding positive outcomes, as a total of eleven new offices were established in Gauteng, KwaZulu-Natal and the Northern Cape in the 2021/22 financial year.

4.3.Legal and Investigation Advisory Services Programme

The purpose of the Programme is to manage and facilitate the provision of investigation advisory services and to provide legal, civil and labour litigation services. The programme consists of the following three sub-programmes:

Legal Support and Administration: The sub-programme manages the Directorate’s legal obligations by developing and maintaining systems, procedures and standards to assist, guide and direct legal support within the Directorate.
Litigation Advisory Services: The sub-programme coordinates civil and labour litigation, and grants policing powers. Other key activities and outputs include finalising contracts and service level agreements.

The table below summarises the programme performance indicators and targets of the Legal and Advisory Services Programme:

Table 9: Programme Performance Indicators and Targets: Legal Services

Performance Indicator	2021/22 Target	2022/23 Target	Comments
Percentage of written legal advice provided to the Department within 30 working days of the request	70%	70%	Unchanged
Percentage of written legal advice provided to investigators within 2 working days of request	95%	95%	Unchanged
Percentage of contracts/service level agreements finalised within 30 working days of the request per year.	90%	90%	Unchanged
Percentage of litigation matters referred with instructions to the State Attorney within 10 working days of receipt per year	100%	100%	Unchanged

Source: IPID 2022/23 APP

The Programme’s performance targets remained unchanged in 2022/23 compared to the previous financial year.

4.4.Compliance Monitoring and Stakeholder Management Programme

The purpose of the Compliance Monitoring and Stakeholder Management Programme is to safeguard the principles of cooperative governance and stakeholder relations and to monitor and evaluate the relevance and appropriateness of recommendations made to the South African Police Service and Municipal Police Services in terms of the Independent Police Investigative Directorate Act, 2011. The programme consists of the following two sub-programmes:

Compliance Monitoring: The Sub-programme monitors and evaluates the quality of recommendations made and responses received from on such recommendations from the South African Police Service, Municipal Police Services and National Prosecuting Authority in compliance with the reporting obligations in terms of the IPID Act, 2011.

Stakeholder Management: The Sub-programme manages relations and liaises with the Directorate’s key stakeholders such as the South African Police Service, Municipal Police Services, Civilian Secretariat for Police, National Prosecuting Authority, the Special Investigating Unit, the Public Protector of South Africa, the State Security Agency and civil society organisations, in line with the requirements of the IPID Act.

In 2022/23, the Compliance Monitoring and Stakeholder Management Programme has eight performance indicators.

Table 10: Programme Performance Indicators and Targets

Performance Indicator	2021/22 Target	2022/23 Target	Comments
Number of formal engagements held with key stakeholders	166	166	Unchanged
Number of media programmes held per year	4	6	Increased
Number of station lecture awareness training conducted per year	-	40	New Indicator
Percentage of recommendations referred to the SAPS and MPS that are analysed per year	80%	80%	Unchanged
Percentage of criminal referrals forwarded to the NPA that are analysed per year	80%	80%	Unchanged
Percentage of responses from SAPS and MPS that are analysed	60%	70%	Increased
Percentage of responses from NPA that are analysed	60%	70%	Increased
Percentage implementation of Access and Awareness Rural Strategy per year	60%	60%	Unchanged

Source: IPID 2022/23 APP

5.Committee observations

The Committee made the following observations during the 2022/23 budget hearings:

Backlog in technical reports: The Committee requested an indication of the number of cases that are awaiting technical reports, such as post-mortem, forensic DNA, histology and toxicology reports. The Department said that monthly checks are conducted and at the end of March 2022, there were 360 cases with outstanding technical reports.

Backlog cases: The Committee requested the Department to provide details on the case backlog and noted that the investigative scope of the IPID is relatively limited and thus should not create a significant backlog. The Committee raised significant concern about the growing backlog in cases. The Department stated that, at the end of March 2022, the backlog was 24 000 cases. Together with post decision monitoring (PDM) cases, the total backlog is currently 37 116 cases. In addition, the Department indicated that the caseload means that each IPID Investigator has an average of 250 cases.

Post decision monitoring (PDM) cases: The Committee requested the Department to explain the manner in which PDMs are closed. The Department indicated that they have developed standard operating procedures to guide the closure of PDM cases. Additionally, the Department explained that PDM cases are a continuous flow, and as cases are closed they become a PDM cases (each closed case becomes a PDM case).

Identification of hot spot provinces (include stations): The Committee requested the Department to explain the manner in which the hot spot provinces and police stations (Western Cape, Eastern Cape, Gauteng and KwaZulu-Natal), are identified. In addition, the Committee noted that other provinces and stations, such as the Free State also experience significant challenges and should receive equal focus. The Department explained these four provinces are referred to as the Big 4 because they contribute 75 per cent of the Department’s total case intake. In addition, the provinces were selected based on the nature of cases most frequently reported including death as a result of police action, assault and torture. The Department indicated that the is a special sitting held in the Free State on 23 April 2022, during which provincial challenges would be addressed.

Corruption cases: The Committee requested details on the type of corruption cases being investigated by the Department. The Department indicated that the cases vary and includes operations such as entrapment, corrupt recruitment and promotions in the SAPS and the manipulation of crime statistics. Regarding the latter, the Department gave an example of a case in which 15 individuals were involved in a crime, but only one person was charged and fingerprinted.

Women empowerment - procurement of goods and service: The Committee welcomed the focus of the Department on women empowerment with the inclusion of a performance indicator to procure 30 per cent of goods and services from women-owned enterprises. The Committee requested a description of the items that will be procured and the cost of these items. The Department indicated that orders to the value of R36,6 million were placed between April and December 2021 with R12,4 million (34%) of the total issued orders allocated to the women and youth owned companies.

Memorandum of Understandings (MOUs). The Committee requested the Department to state when the MOU with the Military Ombud and the Department of Justice will be finalised.

Merging of programmes: The Committee raised concern about the seeming duplication of functions performed by Programme 2 and Programme 3 and suggested that the programmes should be merged in an effort to limit the impact on the budget of compensation of employees, which is at 67 per cent of the Department’s total budget allocation.

Performance indicators: The Committee raised concern about the nature of performance indicators in the Administration Programme and noted that they are not SMART (Specific, Measurable, Attainable, Relevant and Time-bound). The Committee questioned how the Department will manage these targets to ensure that the desired outcomes are achieved at the end of the 2022/23 financial year.

Contract workers: The Committee requested the Department to provide a breakdown of contract workers, including the cost and duration of these contracts.

Budgetary effect on expanding IPIDs mandate: The Committee asked the Department to indicate how the inclusion of other law enforcement agencies, such as road and provincial traffic agencies and the City of Cape Town Law Enforcement Unit, will impact on its budget allocation.

6.Committee recommendations and request for information

6.1.Recommendations

The Committee makes the following recommendations:

The Committee recommends that efforts to decrease the case backlog should be intensified, including outstanding toxicology reports.
The Committee recommends that the impact of post decision monitoring cases should be reviewed to ensure that it is having the desired effect on the quality of investigations and successful prosecutions.
The Committee recommends that the performance indicators of the Administration Programme should be reviewed to ensure that it complies to SMART principles. Although women and youth empowerment it a Government priority it does not speak towards the service delivery of the IPID.
The Committee recommends that the Department should consider incorporating Programme 3 into Programme 2 as this could realise savings on operational and personnel costs.
The Committee recommends that provinces not declared as hotspots should not be neglected in terms of service delivery or resourcing.
The Committee commends the Department on its innovative approaches to broaden its geographic footprint and recommends that these should be extended to bring IPIDs services closer to communities.
The Committee recommends that the performance targets in Programme 2 should be increased.

6.2.Request for information

The Committee requested the following information:

A breakdown of contract workers, including the cost and duration of these contracts.
A breakdown of goods and services procured from women-owned enterprises in 2021/22, including a description of the items and the cost.

7.Conclusion

The Committee notes that there are serious capacity challenges with respect to budget cuts in the national budget and this has impacted IPID. The Committee will support all efforts by the IPID to find the necessary resources to implement its mandate.

The Portfolio Committee on Police supports the budget of the Independent Police Investigative Directorate (IPID) for 2022/23 and recommends that the Budget Vote 24 be adopted.

The DA, ACDP and EFF reserved its rights with respect to the adoption of the report.

Report to be considered.

Documents