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INDEPENDENT COMPLAINTS DIRECTORATE

INDEPENDENT COMPLAINTS DIRECTORATE. Portfolio Committee for Safety and Security 31 March 2006. Introduction. Mr L Xinwa Executive Director. Programme 1: Administration. Mr E Valoyi. Objective. To provide for the overall management and organisation of the Department Components

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INDEPENDENT COMPLAINTS DIRECTORATE

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  1. INDEPENDENT COMPLAINTS DIRECTORATE Portfolio Committee for Safety and Security 31 March 2006

  2. Introduction Mr L Xinwa Executive Director

  3. Programme 1: Administration Mr E Valoyi

  4. Objective To provide for the overall management and organisation of the Department Components • Financial Management • Human Resource Management • Internal Audit • Security Management • Supply Chain Management • Auxiliary Services • Service delivery and Training

  5. STAFF COMPLEMENT 2005/2006

  6. New posts as at 1/ 04/2006 • National Office = 03 • Provinces = 25 Total = 28 Number of total posts will be 231 (203+28)

  7. Human Resource Development • 177 staff members exposed to different training courses e.g. SCM, Job Evaluation, Induction Course etc. • 36 employees are bursary holders • 15 proceeding • 10 failed • 03 withdrew • 06 results outstanding • 02 completed

  8. Disciplinary Cases

  9. Performance review 2005/2006 • Completed the unique numbering of assets • Black empowerment companies from 41% to 45% • Black women owned companies 5% • Black owned 7% • Vacancy rate from 9% to 3.9%

  10. Performance Review cont… • Interns 21.6% • 4 Provincial offices upgraded to Director level • Appointment up to level 8 decentralized • Team building sessions conducted • Learnerships delayed due to SETA problems • Induction courses conducted

  11. Challenges 2006/2007 • Implementation of Khaedu project • Working towards a staff structure of 535 posts • Establishment of satellite offices where possible • Correct segregation of duties i.r.o SCM • Implementation of LOGIS in N/W and E/C offices • Implementation of PDPs

  12. Programme 3:Information Management & Research Mr M Dlamini

  13. Programme Objectives • To maintain a current complaints register, allocate and follow-up on cases, oversee the implementation of the DVA and analyse all information on the database, producing at least three reports annually and recommending interventions to enhance human rights focused service delivery in policing. • Further, to improve the management of information through technology and the dissemination of information in order to market the organization to various stakeholders.

  14. Targets 2005/06 & 2006/07

  15. Targets 2005/06 & 2006/07 cont…

  16. Targets 2005/06 & 2006/07 cont…

  17. An Investigation into Factors that Contribute to Backlog of Cases Objective: • Identify factors that contribute to current high number of backlog of cases within ICD Research Methodology: • Both qualitative & quantitative • Interviews & self administered questionnaire Population of study: • 67 respondents from Program 2 & 3 • Purposive sampling

  18. An Investigation into Factors that Contribute to Backlog of Cases cont… Data Analysis - Identified problems: • Shortage of staff • Lack of training • Bureaucratic and ineffective management style • Effects of internal and external communication Conclusions & recommendations: • Need for continuous in-house training • Recruit more personnel especially investigators

  19. Workshop Title: Establishing a cordial relationship between SAPS, ICD and Civil Society: Problems and Prospects 06-07 February 2006 • Participants : Secretariat, SAPS, Civil Society Organizations. • Objectives : • Giving attention to ways in which working relations between stakeholders can be enhanced • Highlight importance of strengthening police oversight and accountability • Explore basis for future co-operative work among stakeholders • Outcome: • Establishment of task team comprising ICD, Secretariat & SAPS

  20. April – December 2005All Cases

  21. April – December 2005Deaths by Province

  22. April – December 2005 Deaths due MPS action

  23. April – December 2005 Circumstances of death

  24. April – December 2005 Circumstances of death

  25. April – December 2005Offences

  26. April – December 2005Misconduct

  27. April – December 2005All Cases

  28. Challenges • Meeting strategic targets and improving service delivery. • Maintaining a database that is always up-to-date. • Improving compliance with DVA by SAPS and MPS. • Taking forward recommendations made at stakeholder workshop. • Maintaining relations between ICD / SAPS Committee on deaths

  29. Programme 2:InvestigationsMr T Tshabalala

  30. Programme: InvestigationsObjectives • The investigation of: • Deaths in police custody and as a result of police action • Criminal offences including allegations of corruption • Complaints of serious forms of misconduct • Render legal advisory services • Corporate governance and integrity strengthening

  31. Targets 2005/6 & 2006/7

  32. Cases closed: April –Dec 2005

  33. Anti-Corruption Command (ACC) • The ACC • A staff compliment of 4 posts (1 vacant) • Total of 65 case dockets • Closed 10 as unsubstantiated • 3 await DPP decision on prosecution • DPP declined prosecution in 5 • 10 cases are in court for trial (7 arrested in buy and bust blitz)

  34. High profile investigations: Outcome • Outcome of a few high profile matters: • Pending in court • Katlehong: Death of two youths allegedly involving the Ekurhuleni Metro Police • Harrismith: Alleged shooting of marchers • Finalized • Witdraai: Alleged shooting of Optel Rooi – members convicted of murder • Smithfield: Rape of detainee in police cells – member acquitted

  35. High profile investigations Excessive use of force and/or abuse of power • SAPS Lydenburg: Members allegedly used blunt object to assault a detainee who subsequently died in custody • SAPS Kabokweni: Six members allegedly assaulted in police detention • SAPS Fort Beaufort: Members allegedly assaulted the suspect during arrest and detained him with his injuries. He died in police cells • SAPS Bushbuck ridge: Alleged rape of an inmate who was booked out for questioning on a few occasions. Awaiting DNA results • SAPS Selosesha: A member allegedly raped his former girlfriend when she went to his place

  36. Convictions 2005/2006 • Convictions • Witdraai: Murder, 5yrs imprisonment wholly suspended with 3yrs corrective supervision • Galeshewe: Defeating the ends of justice, R4000 fine plus 6 months imprisonment suspended for 4 yrs • Tonga: Assault GBH, 8 months imprisonment or R1000 fine suspended for 3yrs with conditions • Machadodorp: Culpable homicide R20000 fine or 1 yr imprisonment wholly suspended • Bethlehem: Murder and Attempted murder, 12yrs and 3yrs for murder and attempted murder respectively • Lebowakgoma: Murder (road rage) and drunken driving, 17yrs and 18 months respectively

  37. (Cont.) • Phalaborwa: Culpable homicide, 5 yrs wholly suspended for 5 years • Patterson: Culpable homicide, 3yrs Correctional Supervision • Motherwell: Assault, R800,00 fine or 2 Month imprisonment • Balfour: Assault, R600,00 fine or 6 months imprisonment • Ndevana: Assault, R2000.00 fine or 12 months imprisonment • Pongola: Murder, 15yrs imprisonment • Melmoth: Rape (12yrs old minor), 15 yrs imprisonment • Phoenix: Culpable homicide, 6 yrs imprisonment • Attridgeville: Culpable homicide, 6 yrs imprisonment with 5 yrs wholly suspended

  38. (Cont.) • Rustenburg: Reckless and negligent driving, 4yrs imprisonment or R20 000 fine • Kanana: Murder, pointing of a firearm and assault, 10 years imprisonment • Ikageng: Assault GBH and attempted murder, 3 yrs imprisonment suspended for 5 yrs and declared unfit to possess a firearm • Phomolong: Murder, 4yrs imprisonment wholly suspended for 3 yrs conditionally and declared unfit to possess a firearm • Wolmaranstad: Reckless and negligent driving, paid admission of guilt fine

  39. Priorities for 2005/2006 • Strengthening of relationship with the Secretariat • Referral of service related complaints • Establishing working protocol on referral of service related complaints • Strengthening of relationships with other key stakeholders: NPA, DOJC and SAPS • Speedy decision making on criminal recommendations • Speedy finalization of cases on court roll • Implementation of disciplinary recommendations • Backlog • Strategy to reduce backlog in all provincial offices • Accessibility • Establishment of satellite offices to improve accessibility to our clientele

  40. Challenges • Establishment of satellite/contact points to improve accessibility • Establishment of sound working relations with the Dept of Health • Establish a protocol to regulate our professional relationship with pathologists • Appointment of qualified pathologists to conduct post mortem examinations in all police related deaths • Qualitative investigations versus reliability of witnesses • Improvement of finalization of cases and increase recommendations to DPP and SAPS management • Improvement of conditions of service for investigators

  41. Overview by CFO Ms E Verster

  42. Expenditure 2005/2006 (Preliminary to 28/02/06)

  43. Proposed2006/07 budget to MTEC

  44. Budget 2005/06 vs. Budget 2006/07

  45. Budget 2005/06 vs. Budget 2006/07(cont…)

  46. (cont…)

  47. Conclusion Thank you Questions ?

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