Over the past three years of its existence, the ICD has had to contend with many challenges. A number of those challenges have been alluded to in previous presentations to this committee. We find solace in the knowledge that we are not the only department in this situation. All state departments are faced with the problems of financial and resources constraints.
The ICD has just completed its third year of operations. Although operating in very difficult circumstances it has managed to become operational in all nine provinces, it has a nominal presence in Free State and Mpumalanga. Without fear of contradiction, the ICD can probably claim the most impressive results of any similar organisation in the world. I would, in this regard, like to refer this committee to Annexures A and B of this document.
I have taken the liberty to compare the ICD with the Public Complaints Authority (PCA) of the United Kingdom and have attached Annexure C to this effect. In its 1998-99 Annual Report the PCA reported 65 deaths as the largest number recorded in one year. Also, statistics from 1989 to 1999 show that the PCA has only investigated between 17% and 40% of all the cases received and referred the rest to the police. It is also important to consider the outcome of investigations. In 1999, of the total of 9 784 complaints received, only 317, about 3,2% resulted in disciplinary steps against police officers.
Having said that, we are conscious of the fact that this committee does not expect a litany of the department's woes but an explanation of what the department has done with its slice of the cake and what it plans to do during this financial year. To that end, it would be proper to give you an overview of the activities that we have engaged in during the previous year.
A comparison with the past years shows that there is a continued increase in the complaints received. Some complaints are still being processed and some have resulted in either criminal prosecutions or internal disciplinary proceedings against the relevant police officers. In view of this increased workload, we were compelled to reprioritise complaints that we have to deal with. We have also identified certain categories of complaints on which more emphasis should be placed. For reasons that would be clear during the presentation, an alternative way of dealing with certain complaints has been held in abeyance.
The previous financial year was characterised by an increase of certain categories of complaints against the police. Although the figures of deaths have not changed dramatically, this still remains cause for concern. Details of this would be given later in the presentation. In spite of the steady increase in the work-load, we find ourselves in an unenviable position of having to be content with the limited capacity due to financial constraints.
The number of cases that have to be investigated are also not matched by the capacity that the ICD has. ICD investigators have to each carry a disproportionately high number of cases to investigate. Added to that is the fact that in certain offices, investigators are also obliged to conduct the monitoring functions.
This has the potential that investigators may not devote the attention that each complaint deserves and this may affect the quality of investigations.
In this regard, the organisation has been forced to reprioritise in an attempt to improve the quality of its investigations. However, the reprioritisation still does not address the workload of cases that need to be monitored.
Whereas our modus operandi has been to investigate the majority of complaints that come to our offices, we were forced to come to terms with the reality that our capacity simply cannot match the demands placed upon us. We have no option but to innovate and to this end, our strategic option is to investigate matters selectively.
We have also felt that for the organisation to impact on incidents of crime and misconduct we ought to focus on systemic problems and underlying causes. Various initiatives have been taken in this regard. More importantly, in our recent strategic plan, we decided to shift focus to put more emphasis in monitoring certain complaints. Even in the cases of death, we will conduct preliminary investigations to decide whether or not to conduct a full investigation or refer the matter to the police. We believe this would free our few investigators to effectively investigate deaths. We are also engaged in various forms of research to address systemic problems.
In addition, more demands had been placed upon us by, among others, the Domestic Violence Act. We see the investigation of cases as a means to an end. The ultimate objective of our endeavours is to contribute to the transformation initiatives. To this end, the Monitoring and Development component has identified a number of problematic areas and has engaged in various activities. The primary focus in monitoring is to address systemic problems instead of isolated incidents. A more holistic exercise in this regard is the development of the White Paper.
We have also taken cognisance of the need to go and reach out to our constituency. We have marketed the organisation not only with a view to get it known, but also to fulfil an important educative function to the police and the general public. We have interacted and engaged in joint initiatives with other stakeholders. The idea behind the marketing initiatives is to ensure that the organisation is accessible to all the communities and that its role is clearly understood.
Furthermore, it need be said that to succeed in our core function we need a sound administrative back-up. The structure of the ICD has not changed since the last time we made a presentation to this committee. Important developments have, however, taken place in the Human Resources Management. In this regard, we would like to single out training as the primary focus of the initiatives that have been undertaken. The Employment Equity Act is also something which we cannot ignore. All this has to translate into improved service delivery.
While ideas and plans are needed, one however, needs to be realistic about the financial implications. It is especially the financial resources which would ultimately determine whether our plans are implemented or not. On the face of it, the department's budget has increased. However, close scrutiny would reveal that in real terms our operational budget has in fact gone down. While we have wished that we could do more, the reality is that our financial position did not allow it. Before considering the financial position of the ICD, it is worthwhile to note that the South African Police Service (SAPS) is spending R2,7 million per month on suspended police members. This translates to approximately R32 832 000 per annum on salaries to suspended policemen. This is about R7.8 million more than the total budget of the ICD for the 2000/2001 financial year.
As reported in the media, the ICD was obliged to return 71% of cases back to the SAPS for investigation. This is clearly not a satisfactory state of affairs because in terms of its mandate the ICD must investigate all cases of deaths in police custody or deaths as a result of police action.
We have for the last two years reported about the lack of capacity in the ICD. Only 28% of the total approved structure of the ICD is funded and in terms of the MTEF allocation, this situation would prevail for the next three years. There is no scope for improvement in the situation. As a matter of fact, the operational allocation of the ICD decreased by 6% for the 2000/2001 financial year compared to the 1999/2000 financial year.
In conclusion, the ICD has managed with great difficulty and compromise to stay in its budget allocation for the 1999/2000 financial year.
CHAPTER 2
2. CORE BUSINESS OF THE ICD
2.1 Introduction The core business of the ICD consists of three areas of specialisation which are being catered for by three components.
2.1.1 CompIaints Registry: Its main responsibility is the processing and registration of cases received by the ICD.
2.1.2 Investigations: It has to ensure that all cases allocated for active investigation are indeed investigated efficiently and effectively.
2.1.3 Monitoring and Development: It performs a monitoring function which is divided into four albeit related sub-objectives, namely, ordinary monitoring, postinvestigation monitoring, supervision and audit. 2.2 COMPLAINTS REGISTRY For internal purposes and consistent with our investigative priorities, the complaints are classified as follows: Class l: Any death in police custody or as a result of police action. Class II: Any matter referred by the Minister or Member of the Provincial Executive. Class III: A serious offence committed by a member of the service. Class IV: Any act of misconduct, as defined in the SAPS Regulations including a contravention of the Code of Conduct. Class V: Any matter falling beyond the scope of the ICD mandate - these matters are invariably referred to relevant agencies.
2.2.1 STATISTICAL INFORMATION During the period under review, as was the case with the two preceding financial years, we experienced a phenomenal increase in the numbers of complaints brought to us. As at the 29th February 2000, we had received in total 3870 new complaints (See annexure D). If this is compared with the corresponding figures for the previous years, it is apparent that, on average, the yearly increases have remained constant at around 40% (See annexure E). The increases have been particularly high in certain categories of complaints such as assault with intent to do grievous bodily harm and common assault.
The cases finalised during the period under review are detailed in annexure F. Annexure B also contains detailed information on cases that have been successfully prosecuted. It should be mentioned that about 34% of these finalised cases had, because of lack of capacity, to be referred to the police for investigations.
2.2.2 CAPACITY AND STRATEGIC OBJECTIVES In virtually all the Regional Offices the Complaints Registry components are understaffed, resulting in an undesirable situation where members of the public have on occasion had to wait for a considerable time before they could be attended to. We have committed ourselves to maintaining a high standard in our service delivery, which standards we are increasingly finding difficult to maintain because of lack of resources. This impacts negatively on our service delivery and will eventually affect the way the ICD is being perceived by the public.
This lack of capacity compelled us to review our strategic plan and to revisit our investigative priorities. It will be recalled, from our previous briefings to the committee, that in the past our priorities in terms of investigation of complaints were on police-related deaths and referrals by the Minister for Safety and Security or members of the Provincial Executives. We invariably investigated these cases to finality; no matter the underlying circumstances and facts.
While the police-related deaths will continue to enjoy priority, the emphasis will now be on conducting preliminary investigations into these matters and where there is no prima facie evidence of any wrongdoing on the part of the police, we will not take over the investigation but, rather we will monitor and / or supervise such an investigation. We will also, in line with Government priorities, focus on the following offences:
- Corruption
- Femicide, rape and spousal abuse
- Racism or racial slurs in the SAPS
- Crimes against children
- The use of force in terms of Section 49 of the Criminal Procedure Act
The greater part of our operational budget will be used to investigate these priority crimes as well as police-related deaths. Although we will also continue to investigate complaints emanating from the Ministry for Safety and Security and other political functionaries, these cases will not have any significant impact on budget because they constitute a small percentage of the cases we have received.
2.2.3 MEDIATION In our previous reports to this committee and the subsequent annual report to parliament, it was mentioned that Alternative Dispute Resolution mechanisms, in particular mediation, would, in order to reduce costs, be employed more frequently to resolve some minor misconduct cases. It is regrettable that although the policy was eventually approved by the Minister, its implementation had to be shelved, as the police raised, at the eleventh hour, a number of objections (most of them of a technical nature) against the policy.
In other jurisdictions such as Canada, it is compulsory that a complaint should first be subjected to conciliation and mediation before an investigation can be embarked upon. As it will become apparent from reading annexure F, only 1.5% of the total cases finalised during the period under review, were resolved through mediation.
Given the scarcity of resources, particularly financial resources, it is imperative that we employ mediation more often than has been the case at present to address minor misconduct
One can only hope that with the passage of time and benefit of hindsight, the police will begin to appreciate that it is also in their interests that some of these matters be resolved informally and in a non-adversarial manner. There can be no logic in investing huge state resources in investigating and/or monitoring of cases which on the face of it can be resolved speedily through mediation.
2.3 INVESTIGATIONS
2.3.1 Key Outputs The Directorate: Investigations regards some its key outputs as follows:
2.3.1.1 To ensure timeous attendance at all crime scenes on a national basis;
2.3.1.2 To ensure that preliminary investigations are conducted in all Class 1 cases
and finalised within 14 days;
2.3.1.3 To ensure that all full investigations in Class 1 cases are finalised within 6
months;
23.1.4 To ensure that all investigations in Class II and Ill cases are finalised
within 3 months;
2.3.1.5 To ensure that all ICD investigators receive the necessary training and
equipment to perform their functions efficiently and effectively;
2.3.1.6 To develop and implement standardised and uniform investigative guidelines
and procedures.
2.3.2 Capacity to Fulfil Mandate and Maintain High Standard of Service Delivery 2.3.2.1 The ICD currently has approximately 45 investigators on its establishment
nationally.
2.3.2.2 The ICD is currently actively investigating approximately 1200 cases, and
has taken over approximately 350 live case dockets from the SAPS for full
investigation. This means that the current case load per investigator is in the region
of about 40 cases. This figure is however, misleading, as a number of our newly
established and smaller Regional Offices have no monitoring capacity and this
function is therefore fulfilled by the investigators.
This has led to the situation where some investigators are dealing with up to
200 case dockets each, either in an investigative or monitoring capacity.
2.3.2.4 This naturally has an effect on their abilities to deliver an effective and
efficient service as required of them by our high standards of service delivery. This in
turn creates a negative perception of the Directorate in the eyes of our customers.
2.3.2.5 Added to this lack of human resources, is an equal lack of other resources,
financial and material, making it increasingly difficult for the investigative
component to conduct their operations efficiently and effectively.
2.3.2.6 During the past financial year, priority was given to the investigation of police
related deaths, and a major part of the budget allocated for investigation was utilised
in the investigation of these cases.
2.3.2.7 In this regard it is important to note that the ICD has achieved some
significant and notable successes during the course of these investigations, some of which are reflected in Annexure B hereto.
2.3.3 Re-prioritisation of Strategic Objectives for the Forthcoming Financial Year As a result of the lack of key strategic resources (mainly personnel), and an effective nett decrease in its operational budget for the forthcoming year, it has been necessary for the ICD to re-examine and re-priontise its strategic objectives, with respect to, inter alia, investigative priorities, in order to streamline operations and maximise the utilisation of scarce resources. This has also been occasioned by a simultaneous need for the Directorate to increase its efficiency, service delivery and impact on the transformation of the SAPS.
At its recent Strategic Planning Workshop held during February 2000, the following strategic objectives were identified with respect to investigations:
2.3.3.1 A preliminary investigation shall be conducted by the ICD in all police related death cases. Such preliminary investigations shall be an active investigation into the merits and circumstances surrounding the death and will culminate in a report within 14 days. The purpose of this preliminary investigation shall be, insofar as it is possible to do so, to determine whether or not there is prima facie evidence of SAPS complicity in criminal conduct in each particular case. Where no such evidence or indication exists, the docket shall be returned to the SAPS for completion of the investigation, and the ICD shall continue to monitor the progress and eventual outcome of the investigation.
This will ensure that valuable time and resources are not spent on investigating cases which do not warrant it, but rather that investigative resources are allocated to cases where the ICD's intervention is required. This will allow investigators to concentrate on serious cases where there is prima facie evidence of SAPS involvement in criminal conduct.
2.3.3.2 This strategy will also allow the ICD investigative resources to be allocated to cases which the ICD is not bound by statute to investigate, but which it has identified as being national priorities, in line with those of the National Government.
With the freeing-up of these valuable resources, the ICD will now be able to actively investigate selected cases falling within the above-mentioned categories.
However, the success of this re-prioritisation will depend to a large extent on the capacity of the Provincial Offices to relieve investigators of their monitoring burden. This will entail the establishment of a special monitoring capacity in each office which will allow investigators to concentrate exclusively on active investigations.
2.3.3.3 A further strategic objective identified was the development of standardised and uniformed investigative guidelines, methods and procedures to be implemented within the ICD. This will allow for the streamlining of investigations as well as provide for the uniform allocation of resources to investigative priorities, and ensure that cases are investigated efficiently and effectively. This will ultimately improve the ICD's service delivery and will have a greater impact on the transformation of the SAPS.
2.4 MONITORING AND DEVELOPMENT
2.4.1 Key Outputs - Monitor I supervise all cases referred to the SAPS for investigation;
- Ensure that complainants are informed of progress in their cases on a three-weekly basis;
- Make recommendations to the SAPS and the Directors for Public Prosecutions after ICD investigation / monitoring/ supervision of cases.
2.4.2 MONITORING OF THE IMPLEMENTATION BY THE SOUTH AFRICAN
POLICE SERVICE (SAPS) OF THE DOMESTIC VIOLENCE ACT No.116 OF 1998 (DVA) 2.4.2.1 In terms of this Act, a police member is now obliged to inform a complainant of his / her rights when he / she reports an incident of domestic violence. Where a police member reneges on this duty and a complaint is received in this regard, the police member has to be prosecuted internally, unless the ICD directs otherwise. These complaints have to be reported to the ICD by the SAPS. In turn the ICD has to report to Parliament on a six-monthly basis as to the complaints received by the SAPS and itself, the particulars of same and how each compIaint was actioned.
2.4.2.2 The implementation of this Act will place an additional burden on the budget in that:
- The ICD's new responsibilities were not budgeted for since promulgation occurred without consultation with the ICD;
- The existing investigative / monitoring human resources will have an additional Key Performance Area. These officials are already overworked and therefore an additional 4 investigators / monitors are needed to service two (2) regions each in order to fulfil this statutory obligation;
We have already received our first cases in this regard and will be making our first report to Parliament in June 2000.
2.5 DEVELOPMENT
2.5.1 WHITE PAPER PROCESS Within the short period of its existence, the ICD has had to contend with a variety of
problems, some of which continue to exist. The problems experienced by the organisation relate to its legislative and resource constraints. Owing largely to these problems, it was decided that a way be found to holistically address the problems. After internal discussions, it was felt that the organisation should develop a White Paper that would set out a broad policy framework and identify strategic priorities.
2.5.1.2 In line with the above, the organisation developed a Discussion Document based on internal discussions. Consultative workshops were conducted in all the provinces between 5 July and 7 August 1999.
The first draft of the Green Paper has been completed and will be submitted to the Minister. A Further consultative process will follow with this Committee
2.5.2 RESEARCH Currently, in an attempt to be proactive and not reactive, the ICD is also focusing on developmental issues, for the purpose of highlighting root causes for certain police conduct.
In the light of allegations of corruption at SAPS pounds, research was
conducted into the reception, processing, storage and disposal of vehicles at vehicle pounds.
2.5.2.2 The ICD commissioned research into the following aspects:
- The use and abuse of force by members of the SAPS
- The skill of policing and improving the management of the use of force in the
SAPS
- An examination of deaths in police custody and deaths as a result of police action
A workshop will be held on 14 April 2000 at which the development of a strategy to reduce the risk of deaths in custody and as a result of police action will be debated with relevant stakeholders
Further research will be conducted in the following areas:
- SAPS complicity in taxi violence
- Escapes from police custody
- Femicide
- Racism
- Firearms
We have started to conduct comparative research on police brutality in
different jurisdictions, eg. Canada and the USA, with the aim of developing a profile of police officers prone to violence and misconduct. The following aspects will be central in the development of this profiling strategy:
- The previous exposure of certain police to the political violence during the eighties;
- The political changes that commenced in the early nineties;
- Racial stereotypes;
- Financial, marital and other problems experienced by individual officers;
- The process of recruitment;
- Levels of education of the culprits;
- Training programmes of new recruits.
2.5.3 TRAINING One further proactive initiative is the making of contributions to SAPS training programmes. We have reviewed training curricula for policemen, with specific focus on disciplinary issues, human rights and awareness of the role and function of the ICD vis a vis SAPS. These are some of our successful interventions:
2.5.3.1 Technikon SA: provider of distance learning policing modules. We
contributed an information document on the ICD for the training curricula; we are
also preparing a contribution to a new course called Applied Law for Police Office
which will be offered by this Technikon in future.
2.5.3.2 Human Rights and Policing training manual: in terms of this SAPS training
initiative (funded by the Royal Danish Government), 2000 three-day workshops will
be held nationally in order to train policemen in human rights. Substantial
contribution was made by the ICD, to this training and it was positively received by
the SAPS.
2.5.3.3 Crime Intelligence Training Programme: training commenced in August 1999
at the Detective Academy. As part of the programme we offered ICD awareness
training;
2.5.3.4 Applied Law for Police officials: We have contribute to a new course to be
offered by Technikon SA in the near future.
2.5.3.5 Bi-National Commission's Subcommittee on Training: we are members of
this subcommittee of which the proposed training programmes will be funded by the
USA (either in the form of their experts or expenses for participants). The training is
aimed at being inter-departmental (Justice, SAPS, Correctional Services, NIA, NIDS,
SASS, ICD, Home Affairs);
CHAPTER 3
COMMUNICATION
3.1 Background Information The ICD is aware of the direct need to make itself known to its stakeholders who include members of the SAPS and the public in general. The organisation will therefore have to engage itself in an aggressive marketing campaign from within and outside itself so that all its stakeholders fully understand and appreciate the reasons for its existence.
3.2 Marketing the ICD 3.2.1 The ICD will first have to mount a baseline survey to enable it to determine the level of awareness of its functions among members of the public and other stakeholders such as the SAPS.
3.2.2Meetings will have to be arranged with community policing boards as well as holding workshops with members of the SAPS on a countrywide basis.
3.2.3 It will seek funding from whatever quarters to develop one or two promotional videos to enable stakeholders to have a visual grasp of the workings of the organisation.
3.2.4Apart from upgrading its current newsletter to a better quality production, the ICD plans to identity suitable projects to produce publications which will complement the existing efforts. Sponsorship will also be sought to produce billboards, which will attract the attention of the motoring public.
3.2.5In order to make a lasting impression on the listening and viewing public, the ICD will approach radio and television stations in order to flight commercials and public service announcements about the activities of the organisation.
3.3 Lobbying of political role-players 3.3.1 The ICD has determined that it is important that the leaders of various political parties are aware of and willing to support the ICD. For this reason, it has been decided that these political role-players should be identified and addressed to enable the ICD to receive the necessary political support from all quarters.
3.3.2It has also been seen as crucial to approach this Committee on regularly as part of the exercise of involving the various political groupings in the activities of the ICD
3.4 Networking 3.4.4 The ICD will create positive working relations between governmental, non governmental and other Chapter 9 institutions on an on-going basis.
3.4.2For the benefit of these organisations and institutions, the ICD will produce promotional materials on various issues relating to the ICD.
3.5 Promoting Internal Communication 3.5.1The ICD will increase the content of its monthly internal publication to bring to the fore issues relevant to the promotion of communication internal to the ICD. This came as a result of the need for the ICD to make itself understood amongst its own employees.
3.5.2The ICD will ensure that everyone within the organisation is connected to the lnternet and the Intranet by providing the necessary training in this regard, as the relevant infrastructure will be in place within the next month or so.
3.5.3The ICD will ensure that an information database is created so that information may be easy and immediately accessible. This information will be available to all staff members and will be updated from time to time.
3.6 Improving the accessibility of the ICD 3.6.1 The ICD aims to make itself accessible to all South Africans by being available in all the nine provinces and even within the provinces. The last two remaining offices will be strengthened, as soon as resources permit, to full capacity. Other non-governmental organisations will be requested to assist in the capacity of in-take offices to register complaints.
3.6.2Efforts are being made to equip the ICD with a toll-free telephone line to facilitate accessibility. This is an expensive project which will require donor funding, as the current budgetary provision does not cater for this need.
CHAPTER4
ADMINISTRATION
4.1 ORGANISATIONAL STRUCTURE 4.1.1 We have for the past two years been struggling to establish the full presence of the ICD in Mpumalanga and Free State. We are up until now unable to employ the full, staff complement in these two Provinces, let alone to afford accessible office accommodation, particularly in the Free State. 4.1.2 Even though the originally approved staff complement of the
ICD was 535 positions, financial provision has only been made for 153 positions. This places a huge burden on the existing staff since they have to carry out the ICD's mandate in spite of the prevailing staffing situation. There is prevailing a demoralising atmosphere among the staff as a result of them having to do extra work sometimes without any remuneration.
4.1.3Due to lack of funds to enable us to employ more personnel, cases reported to us either take a long time without being attended to or are completed after a very long time. A continued shortage of staff has forced the CD to revisit its mandate in terms of case prioritisation, which is not in the interest of the public. Operating on just 28% of the total structure in the entire Republic has a negative impact on the mandate and credibility of the ICD. At least a 20% staff complement increase in the new financial year would make a difference.
4.2 HUMAN-RESOURCE MANAGEMENT
4.2.1 In terms of our 2000 I 2001 Business Plan, we are going to decentralise
functions which are presently centralised in Head Office. We will have to train
Administrative staff and Management at Provinces on PERSAL and the running of
Personnel Expenditures. This involves linking-up all Provincial Offices to PERSAL.
The money for training in general is inadequate. In addition to training personnel to
enable the ICD to decentralise its functions, the following training programme is
envisaged for the 2000 /2001 Financial year:
4.2.1.1 Management Training: We never had any fundsto train our managers since the establishment of the ICD. We cannot postpone it any further and we need to outsource providers.
4.2.1.2 Training of Wide Area Network (WAN) users to the SAPS network, as well as the use of the Internet.
4.2.1.3 Training of Personnel in general including allocation of
Bursaries. We have never been able to meet our staff Development programme for the past 2 years due to lack of funds.
4.2.1.4 Staff development is mandatory and without sufficient funds for training, we find it very difficult to fulfill this legislative requirement. The lCD’s line function is unique and ICD personnel need a lot of training in investigations, forensics, mediation and counselling. We should also be able to equip our managers who
come from different backgrounds on issues of diversity management and gender sensitivity and a host of other Management Courses. We are forced to compromise
the 0.5% of the total salary account that must be put aside for training in order to have a little more for the operations. This should not be allowed to continue in the new financial year.
4.3 LOGISTICAL SUPPORT
4.3.1 ACCOMMODATION We have succeeded in establishing a presence in all the provinces. In addition to the existing offices in the seven provinces, we have now established complaints intake offices in Free State and Mpumalanga. In these two (2) provinces the ICD is making use of accommodation from other State Departments. Due to severe budgetary constraints, these offices only serve as intake offices.
In order to obtain office space for the two new offices, the ICD will need over R345 600 per annum which the current budget does not permit.
4.3.2 RESOURCES
4.3.2.1 Vehicles Currently the ICD has 26 official travelling more than 3000 kilometres per month. These vehicles are not enough since we have often found that investigators cannot perform their investigative functions because no cars are available. It has happened on many occasions that investigators placed on standby are investigating a death in custody when one of them has to leave to attend to another crime scene. More vehicles are urgently required to allow the 64 investigative and monitoring personnel the opportunity to perform their functions effectively and efficiently.
If we were permitted to buy another 16 vehicles at a cost of approximately R1 200 000, two investigators can share a vehicle whilst performing their individual investigations.
4.3.2.2 Investigative Equipment Currently investigators are sharing investigative equipment purchased with funds from the 1997/1998 financial year. Not only is this equipment insufficient but some of it is also becoming obsolete. (A set of investigative equipment includes forensic equipment and costs approximately R7 000 per set). Needless to say, this is going to affect the quality of investigations.
CHAPTER 5
5. FINANCE
5.1 SITUATION ANALYSIS 5.1.1 According to an article in the STAR dated 14 March 2000, the SAPS is spending R 2,7 million per month on salaries to suspended police officers. This translates to approximately R 32 832 000 per annum, This is about R 7,8 million more than the total budget of the ICD for the 2000/2001 financial year.
5.1.2 It was further established that the South African Police Service (SAPS) paid
approximately R 16000.000 for claims from the general public against the South African Police Service as at 29 February 2000 for the 1999/2000 financial year.
5.1.3 In another article in the PRETORIA NEWS dated 10 March 2000, in was
reported that the ICD was obliged to return 71% of cases back to the SAPS for investigation. This is clearly not a satisfactory state of affairs because in terms of its mandate the ICD must investigate all cases of deaths in police custody or as a result of police action. Although the lCD is not obliged to investigate other cases, it has nonetheless a statutory duty to ensure that these cases are investigated effectively ad efficiently.
It is therefore understandable that staff can be demoralised because they feel that the ICD is compromising its mandate. The lack of critical resources also plays a significant role in the approach and attitude of staff. Notwithstanding the mentioned shortcomings, we have a very skilled and loyal labour force.
5.1.4 We have been reporting about the lack of capacity in the ICD for the past two
years. Only 28% of the total approved structure of the ICD is funded and in terms of the MTEF allocation this situation will prevail for the next three years. There is no scope for improvement in the situation. As a matter of fact, the operational allocation of the ICD decreased by 6% for the 2000/2001 financial year compared with the 1999/2000 financial year.
5.2 EXPENDITURE 1999/2000 FINANCIAL YEAR
5.2.1With great difficulty and compromise, the ICD managed to stay within its
budget allocation for the 1999/2000 financial year.
5.2.2 Important resources, such as vehicles and office furniture could not be
procured to satisfy the needs of the staff due to a lack of funds. The department has to rely on the SAPS on a greater extent to deal with cases.
See Annexure (H 1 &2) for a provincial breakdown of expenditure per standard item for the above-mentioned financial year.
5.3 INTERNAL AUDIT 5.3.1 During the 2000/2001 financial year, the department will establish an internal audit component to comply with the provisions of the Public Finance Management Act, Act no 1 of 1999 as amended by act 29 of 1999.
5.3.2 Onceagain, funds had to be shifted from line function's anticipated expenditure to administrative expenditure to make provision for the internal audit function. While we realise the importance of an internal audit function it must be carefully balanced against the importance of the core business of the ICD.
5.4 BUDGET FOR THE 2000/2001 FINANCIAL YEAR 5.4.1 As can be seen in Annexure (J1 & J2), the available budget for the ICD in real terms actually decreased. The operational budget decreased by 6% compared with the 1999/2000 financial year.
5.4.2If this should be put into perspective taking into consideration the inflation rate,
the funds available will be even less. As reported earlier, the ICD had to redefine its
priorities and a new strategic direction was embarked upon during the Strategic
Planning Workshop. Emphasis was place on specific areas such as monitoring and
development and somewhat compromising the investigative capacity of the ICD.
5.4.3 Although it was required of the ICD to make funds available for expenditure on
office accommodation for the Free State and Mpumalanga, no funds were available
for this purpose. The ICD must therefore share accommodation with other state
institutions and thereby compromising its independence. This situation is also
contrary to recommendations made by the National Intelligence Agency (NIA) with
regard to the ICD office accommodation.
It must be emphasised that the budget for this financial year is totally inadequate to meet the requirements of the department.
5.5 MTEF ALLOCATION As already indicated, the allocation in terms of the MTEF allows no room for expansion for the ICD and the current situation will persist. See Annexure (K1)
The budgetary increase in monetary terms, only makes provision for salary increases and the carry-through costs of such expenditure. The operational budget decreases even further during this MTEF phase. (Annexure K2)
Unless an increase in the budgetary allocation of the ICD during this MTEF phase is forthcoming, a dramatic curtailment of critical activities of the department will be a reality in the very near future.
CHAPTER 6
CONCLUSION In conclusion, we would like to emphasise that we are not here to present a litany of our department's problems but to explain to this Committee how we have managed with the financial allocation of the last fiscal year. We are further to project how we intend to spend our allocation for the next financial year.
It is obvious that we will have to make do with less resources in real terms but we are determined to make our contribution to the transformation of the SAPS. We intend to fulfil our statutory obligations and to promote proper police conduct.
We shall do everything within our power to find ways and means of reducing the number of police-related deaths by engaging all relevant stakeholders including members of the SAPS in workshops to find a solution together. We believe that we have to reach a common understanding with all role-players that there is a need to find alternatives to the use of excessive force.
We have an obligation to raise the ICD public profile and to address negative public perceptions regarding the functions of the organisation. We therefore will be proceeding with an Award Scheme to recognise those members of the SAPS who have gone the extra mile to assist members of the community. We are aware of the difficult conditions under which the SAPS work and we appreciate that we should make a contribution towards making their load lighter.
It is our understanding that we should all commit ourselves to serving the public in an even-handed manner, and particularly our obligation to root out the corrupt element within the SAPS, so that public confidence in the works of the police may once more be restored.