Report of the Portfolio Committee on Safety and Security on Budget Vote 22 of the Independent Complaints Directorate, dated 13 April 2005:

The Committee has examined the Budget Vote of the Independent Complaints Directorate (ICD) for the 2005/06 financial year and the forward estimates for 2006/07 and 20007/08 included in the Estimates of National Expenditure (ENE) 2005, as well as the strategic priorities and reports as follows:

Introduction
The Independent Complaints Directorate briefed the Portfolio Committee on Safety and Security on 9 March 2005 on the 2005/06 budget allocation.

Overview of the Budget of the Independent Complaints Directorate for 2005/06
Key Policy Issues Affecting the Vote
Vision 2005: Broadening the Scope of Investigation
The ICD has committed itself to become a fully-fledged investigative body, capable of independently investigating all complaints (deaths, criminal offences and cases of corruption and misconduct) against the SAPS and the Municipal Police Services (MPS) by 2005. In the past, the ICD only investigated complaints of a serious nature (deaths in custody and as a result of police action and some serious criminal offences). SAPS undertook the investigation of less serious offences while the ICD monitored these cases.

Due to additional funding, the ICD is now able to fulfill their mandate more extensively. The Anti-Corruption Command (ACC) was established in 2004/05 and will allow it to investigate all cases of police related corruption. Finding staff for the ACC is a challenge, however, as the ICD requires credible, experienced, and skilled investigators. Technical equipment has been secured and deployed in various operations, and full time technical support staff will be appointed. The ACC began operating in December 2004.

Capacity
The development of internal capacity has been identified as being crucial and most vacancies will be filled by the end of March 2005. The ICD also acknowledges that the retention of trained and committed staff is essential to it being able to achieve its objectives.

Proactive Interventions
International trends indicated that proactive interventions are essential to effective police oversight. Accordingly, the ICD has placed increased emphasis on making proactive recommendations aimed at altering and curbing errant police behaviour. A new proactive oversight unit is to be established in April 2005 and will carry out targeted research on operations and systems, undertake trend and case analysis and formulate strategy and policy. R1 million was allocated to the ICD within the additional allocations in 2005/06 to establish this unit and this allocation will be increased to R2 million in 2007/08.

Cooperation with Policing Bodies and Monitoring
Despite the focus on investigations, monitoring remains an important function of the ICD. It is possible that internal monitoring may even increase given the expansion of SAPS and the MPS and the consequent increase in the number of cases of alleged police related misconduct.

The ICD reports strong links and good co-operation with the SAPS. The National Protocol, which sets out relationships between the SAPS, the MPS, the Department of Transport (at the time responsible for training traffic officers) and the ICD documents the relationship between these bodies and is being continuously updated.

The Domestic Violence Act
The ICD continues to monitor the implementation of the Domestic Violence Act. It notes that there has been a slight increase in reported domestic violence cases in 2003/04, attributing this to an awareness campaign.

Broad Expenditure Trends
The total budget of the ICD for the financial year 2005/06 has increased from R42 million in 2004/05 to R49 million in 2005/06. This represents a nominal increase of 18%. The Department expects that its expenditure will continue to grow at an average rate of 14.7% per annum. Most of this expenditure is on compensation for employees. Additional allocations were made in the 2005 Budget of R3 million for 2005/06, R6 million for 2006/07 and R8 million for 2007/08. These will be used primarily to increase staff numbers to handle a higher caseload.

Expenditure per Programme
Programme 1: Administration
This Programme demonstrates significant growth with a nominal increase of 20%. Expenditure in 2005/06 continues to increase steeply from R12.9 m million in 2004/05 to R15.6 million in 2005/06, as a result of the upgrading of programme managers’ posts and additional appointments in the supply chain management, special programmes and service delivery units. Expenditure on compensation of employees is expected to comprise 74% of the Programme for Administration in 2005/06, as compared to 69% for 2004/05.

Key challenges and tasks in the Administration programme include:
Implementation of Supply Chain Management by October 2005.
Implementation of the Human Resource Development Plan by November 2005.
Implementation of a review of strategic risks.
Formulation of the Service Delivery Charter.
Commencement of service delivery inspections at all ICD offices.
Implementation of the Service Delivery Improvement Plan.

Programme 2: Investigation of Complaints
The Budget for Investigation of Complaints for 2005/06 has continued to grow rapidly with an increase in expenditure from R20 103 million in 2004/05 to R23 149 million in 2005/06. This represents a nominal increase of 15%. By 2005, the ICD had intended to undertake investigation of all the complaints within its mandate.

As with Programme 1: Administration, the item compensation for employees dominates this Programme’s budget (71%). Additional appointments will be made primarily to undertake specialized anti-corruption investigations and to increase investigative capacity in the smaller provincial offices.

The ICD reported that most of its targets have been met (and in some cases exceeded). Preliminary investigations were completed in all 714 reported cases of deaths in police custody within the set target of 14 days. The ICD investigated its 2003/04 target of 85% of all complaints relating to police criminality and misconduct, within 180 days. This 85% target remains unchanged for 2005/06.

Key challenges and tasks in the Investigation of Complaints programme include:
Strengthening the integrity of the ICD investigating unit.
Training ICD investigators.

Ensuring the efficient operation of the Anti- Corruption Command (ACC). The ACC became operational in December 2004 and so far four staff members have been appointed.
Reducing the backlog of cases and coping with the increasing workload.

Programme 3: Information Management and Research
The increase in the Information Management and Research programme budget reflects a nominal change from last year of 19%. This programme sees strong growth in the MTEF and, thus, demonstrates a renewed focus on the monitoring and research functions of the Directorate.

The ICD registered 5 903 cases in 2003/04, an increase of almost 33% from 2002/03. There was a 35.2% increase in the number of reported deaths in police custody (714) when compared to 2002/03. The number of criminal offences allegedly committed by the SAPS and MPS increased by 47% from 1002 in 2002/03 to 1473 in 2003/04. Reported incidents of misconduct increased from 2913 to 3716 for the same period.

All cases relating to the failure of the SAPS to proceed with investigations or prosecutions of domestic violence related cases were finalised within 24 hours. During 2003/04, seven of the nine offices met the target of registering and allocating all new cases within two working days. The two offices that did not meet this target were unable to do so because of increased workloads and vacancies. The target of updating 72% of registered cases monthly was not met in 2003/04 due to increased workloads and vacancies.

The ICD has produced four reports on use of excessive force by police members and on policing and civilian oversight in Africa. Two reports on domestic violence have been compiled since 2003 and will be tabled before Parliament.

Key challenges and tasks in the Information Management and Research programme include:
Establishing a fully-fledged research unit.
Conducting station audits.
Conducting effective cell inspections.
Upgrading the case management call centre.
Piloting the Electronic Document Management System.
Marketing the ICD in rural areas.

Committee Findings, Concerns and Directorate responses
The following are the key findings and concerns of the Portfolio Committee on Safety and Security; the responses of the Directorate there to:

Travel costs: The Committee raised concerns around the high travel budget for the ICD. The Committee requires more information with regard to the breakdown between travel expenditure for management and for investigators.

The ICD has agreed to provide the Committee with a breakdown of travel expenditure for management and investigators. The ICD stated that of the approximately 70 staff in head office about 75% of them provide support services in Programme 1 to the provinces. There are only approximately 10 national managers.

Insufficient detail in the report: The Committee was concerned that the ICD in the reporting to the Committee did not provide sufficient detail, particularly in terms of a provincial breakdown of cases in the report and more detail on the particular nature of cases reported to its offices.

The Portfolio Committee will call the provincial ICD representatives in to provide a breakdown of cases and problems faced in particular provinces, as this information was not furnished in the report. In future the Committee would require the ICD to furnish this information in the budget briefings. In addition the Committee requires a breakdown of the distribution of the budget to the provinces. The Committee requires that, in future, the ICD to provide more detail with regard to the cases submitted to it.

Investigation of misconduct of top management within the ICD: Committee members questioned who was responsible for investigating misconduct amongst top management within the ICD.

The ICD stated that misconduct on a high level is investigated by a more senior member in the Directorate. Use could also be made of the Public Service Commission, officials from other departments and outside consultants.

Rural areas: The ICD states that providing services in the rural areas is difficult as the distances from the nearest provincial offices can be very far. This means that ICD investigators only reach problem areas, many hours after receiving the initial report. However, they also stated that the small number of cases in some of the rural areas does not justify appointing permanent investigators to these areas. While the ICD has not really looked at creative solutions to this problem it was suggested that maybe some consideration should be given to establishing satellite offices.

Committee members felt that more consideration should be given to servicing rural areas and that the possibility of establishing satellite offices should be seriously considered by the ICD.
Lack of data for 2004/05: It is not possible for the Committee to reflect accurately on the forthcoming budget when the figures for the previous year are not made available. The Committee understands that it is not yet the end of the 2004/05 financial year but preliminary figures should be made available even if these have not been completely verified.

The Portfolio Committee requests that, in subsequent budget briefings, an indication of whether the previous year’s targets have been reached is reflected in the ICD briefings on the budget.

Submission of Reports: The Committee raised the concern that the ICD is not submitting its reports to the Committee.

All ICD reports including the 6 reports mentioned in the Estimates of National Expenditure 2005 must be forwarded to the Portfolio Committee immediately. In future, all ICD reports must be submitted to the Portfolio Committee on completion, as a matter of procedure.

Human Rights Watch Report: The Committee members raised concern that the ICD has stated that one of the reasons for the increase in cases reported to its offices is due to increased outreach, yet the Human Rights Watch Report states that there is an increase in misconduct in the SAPS. In addition, Members stated that the way that the ICD presents its figures with regard to deaths in police custody might play a hand in fueling misconceptions with regard to police misconduct. Insufficient detail on these figures allowed for a potentially incorrect interpretation to be formulated.

The ICD stated that the Human Rights Watch did not consult with the Directorate and thus their analysis is not reflective on any input by the ICD. The ICD did however, comment on the report after publication.

Performance rewards: The Committee wanted further information on how individuals are selected for performance rewards.

The ICD stated that a committee selected the employees for rewards. The committee visited each of the ICD offices in the 9 provinces and evaluated the performance of staff. The evaluation process takes time and is often delayed. This is a cause for concern amongst staff and identified as one of the reasons that staff leave the ICD for alternative jobs.

Outreach programme: The ICD states that it is through outreach programmes that it is possible to ascertain where most complaints come from. Fewer complaints are generated in the rural areas, but when the outreach programmes reach these areas the number of cases increase. Liaison with the Community Police Forums is done on a regular basis as they identified as a key stakeholder.

Recommendations
Administration: The Portfolio Committee on Safety and Security supports the allocation to this programme.

Investigation of Complaints: The Portfolio Committee on Safety and Security supports the allocation to this programme. In particular, the Committee supports capacitating the provincial offices and would support additional mechanisms to ensure that the ICD fulfils its functions in the rural areas.

Information Management and Research: On 12 April 2005, the Minister announced during the budget debate that the secretariat and the Independent Complaints Directorate would be consolidated. In the light of this, the Portfolio Committee proposes that the ICD suspends the implementation of any new programs that will have a financial implication until consultation with the Minister takes place regarding the consolidation process. The Portfolio Committee believes this is necessary in order to ensure that no fruitless expenditure as a result of the consolidation process occurs later.

Comments
The Portfolio Committee on Safety and Security supports the 2005/06-budget allocation for the Independent Complaints Directorate. The Committee will continue to monitor the work of this Directorate and support it in its goal of reducing misconduct and criminality in the South African Police Service and the Municipal Police Services.