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Implementation of IPID Recommendations. Joint presentation by the SAPS, IPID, CSP and MPS 30 January 2015. Introduction. On 19 November 2014 the parties were invited to present on the challenges experienced in terms of the implementation of the IPID Recommendations;
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Implementation of IPID Recommendations Joint presentation by the SAPS, IPID, CSP and MPS 30 January 2015
Introduction On 19 November 2014 the parties were invited to present on the challenges experienced in terms of the implementation of the IPID Recommendations; On 26 November 2014 the SAPS, IPID and CSP had a workshop to discuss the challenges and to explore the necessary solutions; On 11 December 2014 a follow up meeting was held to discuss the finer details of the solutions.
Introduction IPID investigates criminal matters against SAPS and MPS and make recommendations with regard to disciplinary steps to be taken; SAPS and MPS must implement the recommendations of IPID within 30 days of receipt; CSP is responsible to monitor the implementation of IPID recommendations and report to the Minister.
Concerns/Challenges Data discrepancies; Process Flow of Recommendations: Different processes are followed for SAPS provinces, divisions and MPS; Lack of effective communication; Lack of common understanding of terminology – Define terms, e.g. Initiating disciplinary process; Level of handling recommendations/level of interactions between SAPS and IPID;
Concerns/Challenges Response from SAPS/MPS in terms of Section 30 (a), (b) and (c) of the IPID Act; Timelines – Late submissions of documents/recommendations/reports; Delays in addressing backlogs; Inconsistent sanctions in disciplinary process; It has been noted that Section 30 of the IPID Act does not provide for MPS.
Remedies/Solutions Data discrepancies Uniform reporting in terms of statistical information; Standardised reporting template developed; Statistics Reconciliation meetings have commenced; Monthly Quality Assurance Process have commenced; Consultation with Stats SA is continuing.
Remedies/Solutions Process Flow of Recommendations: Different processes are followed for SAPS provinces, divisions and MPS Developed a Process Flow on the management of IPID Recommendations Lack of effective Communication Draft TOR for the Monthly Recommendation Meetings for all role players is in place Review of MOU is completed Regular meetings between SAPS, IPID, CSP and MPS (monthly)
Remedies/Solutions Lack of Common Understanding of terminology – Define terms, e.g. Initiating disciplinary process Consensus was reached at the Workshop held on 26 November 2014 as to how initiation will be dealt with: Initiation: On receipt of IPID recommendation SAPS/MPS must indicate the manner of initiation within 30 days, for example by the SAPS/MPS applying his/her mind and make a decision in compliance with SAPS/MPS prescripts and indicate the manner of initiation which includes the following:
Remedies/Solutions • Progressive discipline (SAPS Regulation 8-11); • Suspension SAPS Regulation 13; • Appoint I/O as per SAPS Regulation 12 functionaries; and • If no disciplinary steps are to be taken, a comprehensive report to be given to IPID. Supporting documents in terms Sec 30(a) of the IPID Act must be sent to IPID as proof of initiation.
Remedies/Solutions Level of handling Recommendations/level of interactions between SAPS and IPID SAPS and IPID have protocols in place as to who is dealing with Recommendations SAPS is reviewing the level of coordinators IPID coordinators are on Deputy Director level There are regular meetings between SAPS, IPID, CSP and MPS (monthly)
Remedies/Solutions Responses from SAPS/MPS in terms of Section 30 (a), (b) and (c) of the IPID Act – • There is a common reporting template in place to address information required (agreement on reporting templates in respect of section 30 (a), (b) and (c)) • There is an agreement that MPS will now comply with Section 30 of the IPID Act, pending the review of the IPID Act
Remedies/Solutions Timelines – Late submissions of documents/ recommendations/ reports • IPID and SAPS/MPS agreed to new timelines that is to accommodate both departments in order to meet respective timelines
Remedies/Solutions Delays in addressing backlogs in terms of responses from SAPS/MPS Priority is given to backlog cases and it is anticipated that they will be dealt with by September 2015 Provincial visits will be embarked on to ensure backlogs are addressed Inconsistent sanctions in disciplinary process. SAPS has developed a sanctioning guideline that is in the process of consultation with labour
Remedies/Solutions It has been noted that Section 30 of the IPID Act does not provide for MPS There is an agreement that MPS will now comply with Section 30 of the IPID Act, pending the review of the IPID Act
Way Forward Monthly meetings with stakeholders will be used as a basis to strengthen compliance and implementation of IPID recommendations and the evaluation of remedies and solutions; Joint planning meetings will continue on annual basis between all stakeholders; Advocate for the implementation of IPID recommendations to be cascaded by all stakeholders in terms of APP’s, SDIP’s etc.
Way Forward Issues pertaining to IPID recommendations will be regularly discussed at the Consultative Forum meetings; Further engagement with the MPS at the next MPS Forum to conclude the Process Flow for each MPS, as they have different processes; IPID recommendations becomes a standard item at all Management Fora of all stakeholders; To be included in performance agreements of all Managers concerned
