There has been an increase of 35.2% in deaths in police custody and as a result of police action compared to the same period in the financial year 2002/03. Substantial increases have been notable in KwaZuluNatal, the Eastern Cape, the Northern Cape as well as the Western Cape. The increase in these deaths can be attributed to a number of factors, including:

an increase in vigilantism within our communities, who are less tolerant of criminals in their midst;
an increase in people who committed suicide in police custody or at the time of arrest, and
an increase in the number of incidents of assault taking place in custody, perpetrated by both SAPS members and fellow inmates.

During the financial year 2004/05, focus will be on promoting the implementation of recommendations contained in the ICD's Strategy to reduce the risk of deaths in police custody, particularly in relation to custody management. Our monitoring activities will include cell inspections, to ensure compliance with acceptable standards.

The ICD continues to face challenges relating to the police disciplinary processes. It still takes far too long for cases which have been referred to the police by the ICD, to be finalized. The extent to which the SAPS management and labour unions consider discipline an essential component of service delivery, has an impact on the adjudication of ICD recommendations. There appears to be no uniformity in the application of discipline in terms of the speed with which these cases must be adjudicated.

Our model of policing oversight is envied internationally and has aroused considerable interest on the African continent. In furtherance of the goals of the NEPAD, we will continue to engage our counterparts throughout the continent to promote the concept of policing oversight.

Pursuant to the goals that we have set ourselves in the Strategic Plan 2003 - 2006, we have successfully hosted a Policing Oversight in Africa conference on 26 – 29 January 2004 at the Indaba Hotel in Fourways. The purpose and objective of the conference was to advocate and lobby for external policing oversight, as well as the establishment of a chapter for policing oversight, in Africa. This objective culminated in a resolution taken by the conference, for the establishment of the African Policing Oversight Forum (APCOF) and ICD was appointed as its Secretariat.

The continued support of the Minister for Safety and Security, the Deputy Minister of Safety and Security, the South African Police Service and other stakeholders, is much appreciated.

ADV KD McKENZIE

EXECUTIVE DIRECTOR

Legislative Mandate

Section 222 of the Interim Constitution (Act 200 of 1993) provided for the establishment of an independent mechanism under civilian control, with the object of ensuring that complaints in respect of offences and misconduct allegedly committed by members of the South African Police Service are investigated in an effective and efficient manner.

Section 53 (2) of the South African Police Service Act (Act no 68 of 1995) stipulates that the Independent Complaints Directorate:

(a) May mero motu or upon receipt of a complaint, investigate any misconduct or offence allegedly committed by a member, and may, where appropriate, refer such investigation to the Commissioner concerned;

(b) Shall mero motu or upon receipt of a complaint, investigate any death in police custody or as a result of police action; and

Section 18 of the Domestic Violence Act, Act No. 116 of 1998 stipulates that failure by a member of the South African Police Service to comply with an obligation imposed in terms of this Act or the National Instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act, 1995, and the Independent Complaints Directorate, established in terms of that Act, must forthwith be informed of any such failure reported to the South African Police Service. Unless the Independent Complaints Directorate directs otherwise in any specific case, the South African Police Service must institute disciplinary proceedings against any member who allegedly failed to comply with an obligation.

The Independent Complaints Directorate must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4)(a), and set out the recommendations made in respect of such matters.

The National Commissioner of the South African Police Service must, every six months, submit a report to Parliament regarding steps taken as a result of recommendations made by the Independent Complaints Directorate.

In terms of Section 64O of the SAPS Act, read with Regulation 9 and Annexure 5 of the Regulations for Municipal Police Services, the ICD has been given the same civilian oversight duties in respect of Municipal Police Services that it has in respect of the South African Police Service.

Mission and Vision

Mission

To promote proper police conduct.

Vision

A transformed police service in line with the spirit and purport of the Constitution.

Programme 1: Administration

Administration encompasses the overall management of the ICD, including the policy-formulation responsibilities of senior management, the appropriate organization of the ICD, centralised administrative office support, human resource management, information and asset security, and financial management services.

Expenditure estimates

Administration
Subprogramme		Expenditure outcome				Medium-term expenditure estimate
		Audited	Audited	Preliminary	Adjusted
				Outcome	Appropriation
R thousand		2000/01	2001/02	2002/03	2003/04	2004/05	2005/06	2006/07
Minister 1		–	–	–	–	–	–	–
Deputy Minister 2		–	–	–	–	–	–	–
Management		1 357	2 153	3 361	3 341	3 349	3 584	3 817
Corporate Services		7 296	6 254	8 658	8 296	9 215	9 782	10 427
Special Functions		–	–	–	–	–	–	–
Total		8 653	8 407	12 009	11 637	12 564	13 366	14 244
Change to 2003 Budget Estimate					(2 417)	(2 994)	(2 947)
1 Minister for Safety and Security provided on Safety and Security Vote.
2 Deputy Minister for Safety and Security provided on Safety and Security Vote.

Economic classification
Current payments		8 398	7 969	10 700	10 644	12 312	13 093	14 029
	Compensation of employees	5 698	5 126	6 575	7 381	8 783	9 373	9 882
	Goods and services	2 700	2 833	4 125	22	24	26	29
	Interest and rent on land	–	–	–	–	–	–	–
	Financial transactions in assets and liabilities	–	–	–	–	–	–	–
	Unauthorised expenditure	–	–	–	–	–	–	–
Transfers and subsidies to:		25	47	41	45	51	52	54
	Provinces and municipalities	16	15	20	21	22	22	22
	Departmental agencies and accounts	9	32	21	24	29	30	32
	Universities & technikons	–	–	–	–	–	–	–
	Foreign governments & international organisations	–	–	–	–	–	–	–
	Public corporations & private enterprises	–	–	–	–	–	–	–
	Non-profit institutions	–	–	–	–	–	–	–
	Households	–	–	–	–	–	–	–
Payments for capital assets		230	401	1 266	948	201	221	161


Buildings and other fixed structures		–	219	–	–	–	–	–
Machinery and equipment		230	182	1 228	948	170	190	130
Cultivated assets		–	–	–	–	–	–	–
Software and other Intangible assets		–	–	40	–	31	31	31
Land and sub assets		–	–	–	–	–	–	–
Of which: Capitalised compensation		–	–	–	–	–	–	–


Total		8 653	8 407	12 009	11 637	12 684	13 366	14 244


Details of transfer payments and subsidies:
Provinces and municipalities Municipalities
Current	16	15	20	21	22	22	22
Regional Services Council levies	16	15	20	21	22	22	22
Departmental agencies and accounts (Entities)
Current	9	32	21	24	29	30	32
Police, Private Security, Legal and Correctional Services Seta	9	32	21	24	29	30	32

Total	25	47	41	45	51	52	54

Objective

The objective of the Programme: Administration is to provide for the overall management and organization of the Department.

The above-mentioned objective implies that the Programme Administration conducts activities which provide for the strategic leadership, overall management and corporate services, including the policy-formulation responsibilities of the Executive Director and Senior Management. Through the development and maintenance of effective and efficient administrative and support systems, the programme intends to enhance service delivery on the constitutional and legislative mandate of the ICD with special attention given to people-centred governance and, the provision of centralized administrative, office support, human resource management and financial management services.

Challenges

Effective human resource management is critical to the ICD in fulfilling its mandate. The implementation of the ICD’s Employee Assistance Programme will further enhance and support corporate governance.

Key result areas

Sub-programme	Indicator	Target
Human Resource Management	HR Plan developed and implemented.	September 2004
	Every employee trained on the new pay progression system.	June 2004
	Every employee’s individual training needs determined and development plan completed.	November 2004
Financial Management	Efficient management of the budget and planned expenditure.	Monthly
	Risks minimized through the development of policies in order to ensure corporate governance.	November 2004
Supply Chain Management	Asset management strategy reviewed and implemented.	June 2004
	Increased emphasis on corporate governance through the development of various policies.	November 2004
	Supply chain management strategy revised and implemented.	September 2004
Internal Audit	Review of strategic and operational risks.	October 2004

Service delivery objectives and indicators

Service Delivery targets have been met in 95% of the cases. The moratorium on the filling of posts impacted on meeting service delivery targets in some divisions. The revision of certain service delivery standards, which have proven to be unrealistic in the past two years, is in progress.

Service Delivery Improvement Plan (SDIP)

OBJECTIVE	SERVICE STANDARDS	INDICATORS
Development of efficient and effective Human Resources.	Trained and multi-skilled human resources.	70% of staff have been trained on the basis of the skills audit.
	Empowerment of youth to be employable.	Implementation of Internships/Learnerships.
Succession Planning/Retention.	Retention of competent staff to maintain performance/skills level to ensure consistency of performance and service.	Career pathing and development.
Promoting Corporate Governance practices.	Efficient, effective, economical and transparent utilisation of resources.	40 % implementation of risk management strategies by 31 March 2005.
Refining/Strengthening internal business processes.	Improvement in service delivery.	Review the SDIP annually.
Monthly Reporting	Reports to be received by the 7^th of each month	Monitoring and implementing the SDIP

Programme 2: Investigation of Complaints

Investigation of Complaints provides for investigations into all deaths in police custody and as a result of police action. It also provides for investigation of corruption, other forms of criminality and misconduct committed by members of the SAPS and MPS, including allegations brought to the attention of the ICD by the Minister for Safety and Security or a Member of the Executive Council responsible for Safety and Security.

Expenditure estimates

Investigation of complaints
Subprogramme		Expenditure outcome				Medium-term expenditure estimate
		Audited	Audited	Preliminary	Adjusted
				outcome	Appropriation
R thousand		2000/01	2001/02	2002/03	2003/04	2004/05	2005/06	2006/07


Investigation of Complaints		11 709	10 632	13 136	17 387	19 182	21 341	22 746
Legal Services		530	545	720	876	921	1 017	1 1207

Total		12 239	11 177	13 855	18 263	20 103	22 358	23 866
Change to 2003 Budget Estimate					1 096	818	767



Economic classification
Current payments		11 734	10 323	12 799	16 647	19 684	21 877	16 711
	Compensation of employees	8 219	7 095	8 342	11 771	14 031	15 689	9 882
	Goods and services	3 515	3 228	4 467	4 876	5 853	6 188	6 754
	Interest and rent on land	–	–	–	–	–	–	–
	Financial transactions in assets and liabilities	–	–	–	–	–	–	–
	Unauthorised expenditure	–	–	–	–	–	–	–
Transfers and subsidies to:		23	21	25	25	27	29	29
	Provinces and municipalities	23	21	25	25	27	29	29
	Departmental agencies and accounts	–	–	–	–	–	–	–
	Universities & technikons	–	–	–	–	–	–	–
	Foreign governments & international organisations	–	–	–	–	–	–	–
	Public corporations & private enterprises	–	–	–	–	–	–	–
	Non-profit institutions	–	–	–	–	–	–	–
	Households	–	–	–	–	–	–	–
Payments for capital assets		482	833	1 031	1 591	392	452	372


Buildings and other fixed structures		–	219	–	–	–	–	–
Machinery and equipment		482	833	1 031	1 539	340	400	313
Cultivated assets		–	–	–	–	–	–	–
Software and other Intangible assets		–	–	54	52	52	52	59
Land and sub assets		–	–	–	–	–	–	–
Of which: Capitalised compensation		–	–	–	–	–	–	–


Total		12 239	11 177	13 856	18 283	20 103	22 368	23 866


Details of transfer payments and subsidies:
Provinces and municipalities Municipalities
Current	23	21	25	25	27	29	29
Regional Services Council levies	23	21	25	25	27	29	29

Total	23	21	25	25	27	29	29

Measurable Objective

To maintain the integrity of independent oversight of the police by timeously finalising investigations into police-related deaths, corruption cases, other forms of criminality and misconduct allegedly committed by members of the SAPS and the MPS.

Challenges

The skilling of investigators through training interventions – in-house training based on local content and through partnerships forged with international policing agencies such as the Metropolitan Police Service (Scotland Yard) in the UK – remains a critical challenge that will be undertaken during every financial year. The promotion of ethical values and integrity through training and workshops and conducting of service delivery audits for the investigators in the Directorate is on-going. The operation of the yet to be established Anti-Corruption Command tasked with the responsibility of investigating corruption complaints and highly sensitive matters is expected to pose a serious challenge in the new financial year.

Key result areas

Sub-programme	Indicator	Target
Investigation of Complaints	Proportion of investigations finalized within 180 days. Proportion of police officer conduct reports accepted and implemented by the National Commissioner of the SAPS and the National Director of Public Prosecutions.	80% in 2004/05 80% in 2004/05

Service delivery objectives and indicators

Our targets for 2003 were reasonably met in a number of provinces. The impact of the moratorium on the filling of vacancies (investigators) which was only lifted in the last six months of the 2003/2004 financial year, had a negative impact in provinces such as Gauteng (3), Western Cape (2), North West (1), Mpumalanga (1) and Eastern Cape (2). However despite the moratorium, preliminary investigations into all the reported cases of deaths in police custody and as a result of police action were accomplished within the set target of 14 days for attendance of scenes of deaths and post mortems.

Service Delivery Improvement Plan

OBJECTIVE	SERVICE STANDARDS	INDICATORS
External Clients
The investigation of all deaths in police custody and as a result of police action and, any allegations of misconduct or offences allegedly committed by any members of the SAPS and MPS.	Family Liaison to be conducted immediately and on an on-going base.	Written confirmation in docket.
	Production of preliminary reports within 180 days (Class 1 and Class 3).	Report captured on database within 48 hours.
	Production of final recommendation reports within 14 days of receipt of technical reports (Class 1 and Class 3).	Report captured on database within 48 hours.
	Production of final report in respect of Class 4 cases within 180 days.	Final report captured on database within 48 hours.
	Quality and thorough investigation of dockets to the DPP / SAPS / MPS.	No query should be received and if any queries received, dockets should be forwarded to the DPP within 30 days.
	Reporting progress to stakeholders.	Initial written report within 7 days of incident. Further progress report on a monthly basis.
	Response to Service Delivery Complaints.	Response to query within 7 days.

Provision of effective legal advisory and liaison services.	Attend and respond to legal queries. Liaising and maintaining protocols on co-operation with SAPS, MPS, NPA and any other relevant stakeholders.	Within 5 days and on-going. On-going.

Corporate Governance.	Establishment of Integrity Strengthening Unit. Development of ICD Code of Ethics	30 September 2004 December 2004

Internal Clients
The investigations of all deaths in police custody and as a result of police action and any allegations of misconduct or offences allegedly committed by any members of the SAPS and MPS.	Attendance of Scene of Crimes (Class 1) within 72 hours.	Written confirmation in file/docket.
	Forwarding of exhibits for forensic examination within 7 days of receiving exhibits.	Written confirmation.
	Forwarding of memorandums to the National Case Evaluation Committee after 5 days of completing the case.	Acknowledge of receipt from the National Case Evaluation Committee.
	National Case Evaluation Committee to respond within 5 days of receipt of memorandum.	Feedback to the relevant Province.

Skilling of investigators through training	In-house training based on local content and through partnerships.	Two training interventions annually.

Programme 3: Information Management and Research

This programme is divided into two sub-programmes, namely, Information Management Service (IMS) and Proactive Oversight. IMS is further made up of three components, namely, Complaints Registry, Information Technology and Communication. The programme Information Management and Proactive Oversight strives for the attainment of the following strategic objectives:

To ensure new complaints are received, analyzed, processed and registered.

To maintain a database system which serves as a register for all ICD complaints.

To manage the information technology in order to ensure a smooth operation of all ICD IT systems.

To consolidate and manage all ICD information needs with a view to facilitating access and sharing of knowledge and information.

To manage all communication and marketing processes and activities with a view to facilitate the dissemination of information and promotion of ICD products and services to all stakeholders.

To embark on various Proactive Oversight activities including research, station audits, monitoring, etc. with a view to making recommendations to address systemic problems in policing.

Expenditure estimates

Information Management and Research
Subprogramme		Expenditure outcome				Medium-term expenditure estimate
		Audited	Audited	Preliminary	Adjusted
				outcome	Appropriation
R thousand		2000/01	2001/02	2002/03	2003/04	2004/05	2005/06	2006/07


Monitoring and Research		784	336	360	1 312	1 469	2 303	3 150
Information Management System		3 836	6 795	5 542	5 831	7 978	8 495	8 932

Total		4620	7 131	5 902	7 143	9 447	10 798	12 082
Change to 2003 Budget Estimate					1 531	3 296	4 310

Economic classification
Current payments		4 477	5 749	5 198	6 543	9 059	10 380	11 602
	Compensation of employees	3 467	4 091	3 824	4 589	6 914	7 817	8 648
	Goods and services	1 010	1 668	1 372	1 954	2 146	2 563	2 964
	Interest and rent on land	–	–	–	–	–	–	–
	Financial transactions in assets and liabilities	–	–	–	–	–	–	–
	Unauthorised expenditure	–	–	–	–	–	–	–
Transfers and subsidies to:		10	11	10	10	11	11	11
	Provinces and municipalities	10	11	10	10	11	11	11
	Departmental agencies and accounts	–	–	–	–	–	–	–
	Universities & technikons	–	–	–	–	–	–	–
	Foreign governments & international organisations	–	–	–	–	–	–	–
	Public corporations & private enterprises	–	–	–	–	–	–	–
	Non-profit institutions	–	–	–	–	–	–	–
	Households	–	–	–	–	–	–	–
Payments for capital assets		133	1 371	896	590	377	407	469


Buildings and other fixed structures		–	–	–	–	–	–	–
Machinery and equipment		133	1 371	507	553	340	365	425
Cultivated assets		–	–	–	–	–	–	–
Software and other Intangible assets		–	–	189	37	37	42	44
Land and sub assets		–	–	–	–	–	–	–
Of which: Capitalised compensation		–	–	–	–	–	–	–


Total		4 620	7 131	5 802	7 143	9 447	10- 798	12 082


Details of transfer payments and subsidies:
Provinces and municipalities Municipalities
Current	10	11	10	10	11	11	11
Regional Services Council levies	10	11	10	10	11	11	11

Total	10	11	10	10	11	11	11

Measurable Objective

The objective of the Programme Information Management and Research is to maintain a current complaints register, allocate and follow-up on cases and, oversee the implementation of the DVA and analyse all information on the database, producing at least six reports annually recommending interventions to enhance human rights focussed service delivery in policing.

To improve the management of information through technology and the dissemination of information in order to market the organization to the various stakeholders.

Challenges

The first challenge is to ensure harmonization of Information Technology, Complaints Registry and Communication and the marketing of services so that the idea of consolidating, sharing and distribution of information becomes a reality. The second challenge is to refine Proactive Oversight so that it facilitates the analysis of trends and patterns but also adds value to collated research data by formulating and recommending practical and implementable solutions to identified problems regarding police misconduct. The third challenge facing the Programme: Information Management and Research is maintaining a database that is always up-to-date, due to the important role that accurate information plays in decision-making and accountability to stakeholders.

Key result areas

Sub-programme	Indicator	Target
Complaints Registry	Time within which cases are to be registered on database, from receipt.	24 hours
	Percentage of registered cases up to date.	72% monthly
Monitoring	Percentage of applications for exemption finalised annually in terms of the DVA.	72% annually
	Number of external audits of DVA dockets in non-compliance cases.	30% of dockets per province annually
	Number of community outreach activities held with various stakeholders.	12 per province annually
Research	Number of reports on systemic problems in policing.	At least 6 annually
Information Technology	Response time to request for support.	Within 4 hours
Communications	Time taken to respond to media enquiries.	Within 1 hour of receipt

Service delivery objectives and indicators

The ICD registered 5 903 cases of alleged police criminality or misconduct in 2003/04, an increase of 32.9 percent from the previous year. Reports on deaths in police custody or as a result of police action numbered 714 in 2003/04, an increase of 35.2 per cent compared to 2002/03 when a total of 528 cases were recorded. The number of criminal offences allegedly committed by members of the SAPS increased by 47 percent. Incidents of misconduct reported to the ICD increased by 27.6 percent.

Service Delivery Improvement Plan

OBJECTIVE	SERVICE STANDARDS	INDICATORS
External Clients
Complaints Processing.	Acknowledgement in visitor’s register of client within 5 minutes.	Evaluation of service form.
	Waiting time for interview with Case workers/ analyst: 30 minutes.
	Written acknowledgement of receipt of complaint – within 30 days.
	Progress Report – within 30 days.
	Final Report – within 90 days.
Lodging a DVA complaint Clients – Walk in	Acknowledgement of clients in visitor’s register Waiting time for interview – 30 minutes. Acknowledgement letter to a complainant within 30 days. Progress report – within 30 days. Final Report – within 90 days thereafter.
Emergency	Attendance – 5 minutes. Assessment – 10 minute interviews. Immediate Investigation/ or referrals.
General stakeholder enquiries and services.	Media: 24 hours SAPS: within 30 days
	Other services – 48 hours
Internal Clients
Requests for Statistics/Database enquiries.	Advice within 24 hours or less.
IT services.	Advice within 24 hours or less.
Communications.	Advice within 24 hours or less.

Workforce analysis: Staff Complement

The Table below outlines the departmental staff complement.

	African		Asian		Coloured		White		Total
	Female	Male	Female	Male	Female	Male	Female	Male
Executive Director	0	0	0	0	1	0	0	0	1
Chief Director	0	0	0	0	0	0	1	0	1
Director	1	3	1	1	1	0	0	1	8
Deputy Director	0	10	0	0	0	0	3	0	13
Assistant Director	4	6	0	2	0	3	2	0	17
Below ASD	35	29	5	2	5	2	3	9	90
Grand Total	40	48	6	5	7	5	9	10	130