ATC210514: Report of the Portfolio Committee on Police on the 2021/22 Budget Vote 24, Performance Plan and 2020 -2025 Strategic Plan of the Independent Police Investigative Directorate (Ipid), Dated 12 May 2021

Police

REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON THE 2021/22 BUDGET VOTE 24, PERFORMANCE PLAN AND 2020 -2025 STRATEGIC PLAN OF THE INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID), DATED 12 MAY 2021

The Committee examined the Budget and Annual Performance Plan (APP) for the 2021/22 financial year of the Independent Police Investigative Directorate (IPID). The Committee reports as follows:

 

1.         INTRODUCTION

The IPID Act, 2011 (Act No 1 of 2011) gives effect to section 206(6) of the Constitution, which makes provision for the establishment of an independent police complaints body. The objectives of the IPID Act are to:

• Align provincial and national strategic objectives to enhance the functioning of the Directorate;
• Provide for independent and impartial investigation of identified criminal offences allegedly committed by members of the SAPS and the Municipal Police Services (MPS);
• Make disciplinary recommendations to the SAPS resulting from investigations conducted by the Directorate;
• Provide for closer cooperation between the Directorate and the Secretariat; and
• Enhance accountability and transparency of the SAPS and the Municipal Police Servicesin accordance with the principles of the Constitution.

 

The IPID Act provides the Directorate with an extended mandate which focuses on more serious crimes committed by members of the SAPS and the MPS. It further obliges the SAPS and the MPS to report on matters that must be investigated by the IPID and regarding the implementation of disciplinary recommendations made by the IPID upon the completion of investigations.

In terms of section 28 (1) of the Act, the Directorate is obliged to investigate:

1. Any deaths in police custody;
2. Deaths as a result of police actions;
3. Complaints relating to the discharge of an official firearm by any police officer;
4. Rape by a police officer, whether the police officer is on or off duty;
5. Rape of any person in police custody;
6. Any complaint of torture or assault against a police officer in the execution of his or her duties;
7. Corruption matters within the police initiated by the Executive Director, or after a complaint from a member of the public or referred to the Directorate by the Minister, a Member of the Executive Committee (MEC) or the Secretary for the Police Service; and
8. Any other matter referred to the IPID as a result of a decision by the Executive Director or if so requested by the Minister, an MEC or the Secretary for the Police Service as the case may be.

 

Section 28 (2) further provides that the Directorate may investigate matters relating to systemic corruption involving the police. In terms of Section 30 of the IPID Act, the National Commissioner or the appropriate Provincial Commissioner must:

1. Within 30 days of receipt thereof, initiate disciplinary proceedings in terms of the recommendations made by the Department of Police and inform the Minister in writing, and provide a copy thereof to the Executive Director and the Secretary;

 

1. Quarterly submit a written report to the Minister on the progress regarding disciplinary matters made in terms of paragraph (a) and provide a copy thereof to the Executive;

 

1. Immediately on finalisation of any disciplinary matter referred to it by the Department of Police, to inform the Minister in writing of the outcome thereof and provide a copy thereof to the Executive Director and the Secretary.

 

1.1.       Structure of the report

The Report provides an overview of the 2021/22 Budget Hearings of the IPID and is divided into the following sections:

• Section 1: Introduction. This section provides an introduction to this Report as well as a summary of meetings held during the hearings.
• Section 2: Strategic Priorities of the IPID for the 2021/22 financial year. This section provides a summary of the strategic focus areas for the IPID for the year under review.
• Section 3: IPID Budget and Performance targets for 2021/22. This section provides an overall analysis of the estimates of national expenditure of the IPID for the 2021/22financial year. This section also provides a programme analysis of the IPID.
• Section 4: Committee observations. This section highlights selected observations made by the Portfolio Committee on Police on the annual performance targets and programme specific issues during the 2021/22 budget hearings and subsequent responses by the IPID.
• Section 5: Recommendations and additional information. This section summarises the recommendations made by the Portfolio Committee on Police, as well as the additional information requested from the IPID.
• Section 6: Conclusion. This section provides a conclusion to this Report.

 

 

1.2.       Meetings held

The Committee received virtual briefings from the IPID on the Annual Performance Plan, Strategic Plan (2020-2025) and 2021/22 Budget on 5 May 2021.In past years, the Committee met with civil society organisations, but due to the short period from the constitution of the Committee in the 6th Parliament the tabling of the APPs and the Budget Vote, a new development with the outbreak of the COVID-19 pandemic changed our operating conditions.

The Committee was unable to meet in Parliament and all the engagements have been from virtual platforms, which limited the quality engagements which it is used to.

In addition, the time constraints under which we met created very little time for the Committee to hear inputs from civil society and academic experts in commenting on the Budget. 

 

1.3        COVID-19 Pandemic

The President announced a lockdown of the nation on 23 March 2020 in order to prevent further infections of and spread of the Covid-19 Corona virus. The lockdown took effect on 26 March 2020. The terms of the lockdown period were declared in terms of the Disaster Management Act (57 of 2002), and the Regulations provides that the South African Police Service (SAPS) is supported by the South African National Defence Force (SANDF) and the Metro Police during the period of the lockdown. The period of the national lockdown was declared from 26 March 2020 - 16 April 2020 in terms of section 27 of the Disaster Management Act announced by the Minister of Co-operative Governance and Traditional Affairs in the Government Notice No. 398, published in the Government Gazette, No. 43148 on 25 March 2020. The lockdown period was subsequently extended by the Minister from month to month under different levels. The budget hearings occur at a time when the country is on Lockdown level 1.

The IPID has the mandate to investigate any police misconduct and that mandate applies even during the State of National Disaster and the lockdown period. The IPID mandate pertains as the lockdown does not presuppose a suspension of the Constitution and all the members of the SAPS and Metro Police are subject to the Constitutional provisions. This means that the rights of the public to human dignity as enshrined in the Constitution, remains intact and the right of people to be treated fairly must be respected. It also means that police officers should be held accountable for their actions during the period of the lockdown.

At the time of writing this report, the IPID has been affected by the COVID -19 pandemic and a total of 58 employees has been infected with the COVID virus with one (1) employee who have succumbed. There are 78 suspected cases with 121 recoveries.

It is clear that the COVID-19 pandemic has already impacted on the IPID operations and investigations as it directly affected the operational functionality of some of the provincial offices.

 

 

1.4        IPID Executive Director

The position of the Executive Director of IPID became vacant from 01 March 2019. Since then, the IPID had two acting Executive Directors. After several engagements on the appointment of the Executive Director, the Portfolio Committee adopted its report supporting the nomination of the new Executive Director by the Minister of Police on 22 July 2020. On 05 August 2020, the Minister of Police appointed Ms Jennifer Ntlatseng as the permanent Executive Director of the IPID. The 2021/22 financial year marks the first in year in which the Directorate has a permanent head in three years.

The issue of the leadership of the IPID was a source of instability and non-performance of the IPID during the 2020/21 year and the Committee raised its concerns prior to the appointment of the new Executive Director of the Department.The Committee noted in its Budget Review and Recommendations Report (BRRR) that the post was vacant for more than a year and a half and that the Minister should provide the Committee with a comprehensive report outlining the reasons why it has taken so long to appoint the Executive Director. The Committee is yet to receive the report.

The appointment of the Executive Director has provided IPID with the opportunity to regain lost ground and right the department.

 

2.         KEY STRATEGIC PRIORITIES

IPID has tabled the following key priorities in the 2021/22 Annual Performance Plan:

1. The finalisation of IPID Amendment Bill;
2. Strengthening of investigative capacity and refining processes to improve the quality of investigations;
3. Prioritisation of cases which will include GBV&F, rape, death, corruption and torture;
4. Full implementation of Section 23 of the IPID Act to comply with court orders;
5. Continuous implementation ICT key infrastructure projects;
6. Development and implementation of new strategies in line with the department’s ten-point plan;
7. Strengthening of partnership through development and signing of an MoU with key stakeholders; and
8. Strengthening of internal control systems to ensure compliance with applicable legislation.

 

2.1        IPID Operating Environment

 

The IPID Act provided the Directorate with an extended mandate, which focuses on serious crimes committed by members of the SAPS and the MPS. It further obliges the SAPS and the MPS to report on matters for investigation by the IPID and the status of implementation of disciplinary recommendations made by the IPID upon the completion of investigations.

Section 28 (2) further provides that the Directorate may investigate matters relating to systemic corruption involving the police.

The Directorate had developed various new strategies for implementation during the 2021/22 financial year (and over the medium-term), including:

 

GBVF Strategy: The objective of the GBVF Strategy is to broaden access to justice for victims and survivors of violence; change social norms and behaviour through awareness raising and prevention campaigns; strengthen and promote accountability; and possibly create more economic opportunities for women who are vulnerable to abuse due to poverty.

 

Communications and Stakeholder Management Strategy: The objective of the Strategy is to strengthen relations with various critical stakeholders; educate the public on the Department’s mandate; ensure marketing of the Department’s mandate; manage perceptions about IPID; restore public trust and confidence on IPID’s services and reassure the Department’s commitment to promote respect for the rule of law and human dignity.

 

Youth Development Strategy: The Strategy aims to provide unemployed graduates and students with necessary workplace experience and skills that would contribute positively to their employment opportunities; create a pool of appropriately skilled and experienced prospective employees; create a platform for transfer of knowledge and skills to young people; and contribute towards the national agenda of youth development and creation of work opportunities to alleviate poverty.

 

Access and Rural Awareness Strategy: The aim of the Strategy is to establish and strengthen relations with rural communities; create awareness on the IPID’s legislative mandate; and ensure active participation in the planning and the implementation of initiatives aimed at creating accessibility of IPID services.

 

According to the Directorate, the implementation of the above-mentioned strategies will amongst others ensure that attention is given to alleged police brutality, rape, torture, assaults, corruption as well as GBVF.

 

3.         IPID BUDGET AND PERFORMANCE TARGETS FOR 2021/22

            OVERALL BUDGET ALLOCATION

The IPID received a Main Appropriation of R348.3 million in 2021/22, which is a nominal increase of 2.1 per cent. However, taking into account inflation, the Directorate’s allocation decreased by 1.98 per cent. The Administration Programme received an allocation of R101 million in 2021/22, which is a nominal increase of 12.35 per cent, or real increase of 7.82 per cent compared to the previous financial year. The Investigation and Information Management Programme received a Main Appropriation of R227.5 million, which is a nominal decrease of 2.15 per cent compared to the previous financial year. However, when considering inflation, the Programme’s allocation decreased with 6.09 per cent. The Programme performs the core service delivery mandate, and as such, the decrease is concerning.

 

 

Table 1: Comparative changes in expenditure estimates by programme: 2020/21 to 2021/22

Programme	Budget		Nominal Increase / Decrease in 2021/22	Real Increase / Decrease in 2021/22	Nominal Percent change in 2021/22	Real Percent change in 2021/22
R million	2020/21	2021/22
Administration	89.9	101.0	11.1	7.0	12.35  per cent	7.82 per cent
Investigation and Information Management	232.5	227.5	- 5.0	- 14.2	-2.15 per cent	-6.09 per cent
Legal and Investigation Advisory Services	6.0	6.4	0.4	0.1	6.67 per cent	2.37 per cent
Compliance Monitoring and Stakeholder Management	12.6	13.4	0.8	0.3	6.35 per cent	2.06 per cent
TOTAL	341.0	348.3	7.3	- 6.7	2.1 per cent	-1.98 per cent

Source: National Treasury (2021)

 

The Legal and Investigation Advisory Services Programme received a Main Appropriation of R6.4 million in 2021/22, which is a nominal increase of 6.67 per cent and real increase of 2.37 per cent compared to the previous financial year. The Compliance Monitoring and Stakeholder Management Programme received a Main Appropriation of R13.4 million in 2021/22, which is a nominal increase of 6.35 per cent and a real increase of 2.06 per cent compared to the previous financial year.

 

The Department’s proportional allocation to Programmes changed in 2021/22 compared to the previous financial year. The most substantial change was an increased proportional allocation to the Administration Programme, which led to a decreased proportional decrease to the Investigation and Information Management Programme. The proportional allocation to the Administration Programme increased with 2.63 per cent, while that of the Investigation and Information Management Programme decreased with 2.86 per cent. Despite the decrease in its proportional allocation, the Investigation and Information Management Programme continues to receive the bulk of the Department’s total allocation at 65.32 per cent thereof.

 

Table 2: Percent of total Department’s budget per sub-programme

Programme	Budget	Percent of total budget per programme	Budget	Percent of total budget per programme	Change in percent allocation
R million	2020/21		2021/22
Administration	89.9	26.36 per cent	101.0	29.00 per cent	2.63 per cent
Investigation and Information Management	232.5	68.18 per cent	227.5	65.32 per cent	-2.86 per cent
Legal and Investigation Advisory Services	6.0	1.76 per cent	6.4	1.84 per cent	0.08 per cent
Compliance Monitoring and Stakeholder Management	12.6	3.70 per cent	13.4	3.85 per cent	0.15 per cent
TOTAL	341.0	100.00 per cent	348.3	100.00 per cent	0.00 per cent

Source: National Treasury (2021)

 

The proportional allocation of the Legal and Investigation Advisory Services Programme increased slightly with 0.08 per cent and that of the Compliance Monitoring and Stakeholder Management Programme increased slightly with 0.15 per cent.

 

In terms of economic classification, the largest portion of funds is allocated to Current Payments at R342.4 million or 98.3 per cent of the Department’s total budget allocation for 2021/22. Of the total allocation to Current payments, R233.8 million goes towards Compensation of employees (68.2 per cent) and R108.6 million to Goods and services (31.7 per cent). The allocation for Payments to capitalassets (Machinery and equipment) decreased from R5.5 million to R5.2 million in 2021/22. The allocation is expected to decrease with 3.6 per cent over the medium-term.

In 2021/22, R704 000 is allocated to Transfers and subsidies, of which R701 000 was allocated to the Safety and Security Sector Education and Training Authority (SASSETA). The allocation to Transfers and subsidies is expected to decrease with 4.2 per cent over the medium-term.

 

Table 3: IPID Budget Summary per programme and economic classification

	2021/22
R million	Total	Current payments	Transfers and subsidies	Payments for capital assets
Administration	101.0	97.6	0.7	2.7
Investigation and Information Management	227.5	224.9	0.1	2.5
Legal and Investigation Advisory Services	6.4	6.4	-	-
Compliance Monitoring and Stakeholder Management	13.4	13.4	-	-
Total expenditure estimates	348.3	342.4	0.8	5.2

Source: National Treasury (2021)

 

At the end of December 2020, spending on payments for capital assets was below projections by R841 000. This low spending was mainly recorded on machinery and equipment, due to the delayed implementation of the ICT Infrastructure Plan experienced in the first half of 2020/21 as a result of lockdown restrictions. Spending related to the ICT infrastructure plan, which entails modernising the current ICT infrastructure to improve security and minimise the risk of cyber infiltration as well as the procurement of ICT equipment, was envisaged to improve in October 2020, but this did not materialise as the process to appoint the service provider was only finalised in January 2021. Therefore, given the late appointment of the service provider, spending in this regard is anticipated to improve in the fourth quarter of 2020/21.

 

 

3.1        programme Performance

 

            Budget allocation per budget programme

 

3.1.1     Programme 1: Administration

 

The purpose of the Administration Programme is to provide for the overall management of the Independent Police Investigative Directorate and support services, including strategic support to the Department.

 

The Administration Programme received a Main Appropriation of R101 million in 2021/22, which is a nominal increase of 12.3 per cent and a real increase of 7.82 per cent compared to the previous financial year. The Department Management sub-programme received a Main Appropriation of R18.6 million in 2021/22, which is a nominal increase of 16.98 per cent. Considering inflation, the allocation increased by 12.27 per cent compared to the previous financial year.

 

Table 4: Budget allocation per sub-programme of the Administration Programme

Programme	Budget		Nominal Increase / Decrease in 2021/22		Real Increase / Decrease in 2021/22	Nominal Percent change in 2021/22		Real Percent change in 2021/22
R million	2020/21	2021/22
Department Management	15.9	18.6	2.7	2.0		16.98 per cent	12.27 per cent
Corporate Services	34.7	39.3	4.6	3.0		13.26 per cent	8.69 per cent
Office Accommodation	13.9	14.6	0.7	0.1		5.04 per cent	0.80 per cent
Internal Audit	4.9	5.7	0.8	0.6		16.33 per cent	11.64 per cent
Finance Services	20.5	22.7	2.2	1.3		10.73 per cent	6.27 per cent
TOTAL	89.9	101.0	11.1	7.0		12.3 per cent	7.82 per cent

Source: National Treasury (2021)

 

 

The Corporate Services sub-programme received a Main Appropriation of R39.3 million in 2021/22, which is a nominal increase of 13.26 per cent and real increase of 8.69 per cent compared to the previous financial year. The Office Accommodation sub-programme received a Main Appropriation of R14.6 million in 2021/22, which is a nominal increase of 5.04 per cent, which is a slight real increase of 0.80 per cent. The Internal Audit sub-programme received a Main Appropriation of R5.7 million in 2021/22, which is a substantial nominal increase of 16.33 per cent compared to the previous financial year. Considering inflation, the sub-programme’s budget allocation increased by 11.64 per cent. The Finance Services sub-programme received a Main Appropriation of R22.7 million in 2021/22, which is a nominal increase of 10.73 per cent and a real increase of 6.27 per cent.

 

The table below shows only slight changes in the proportional allocation towards sub-programmes. The Corporate Services sub-programme continues to receive the bulk of the Programme’s allocation (38.91 per cent), followed by the Finance Services sub-programme (22.48 per cent).

 

Table 5: Percent of total Administration Programme budget per sub-programme

Programme	Budget	Percent of total budget per programme	Budget	Percent of total budget per programme	Change in percent allocation
R million	2020/21		2021/22
Department Management	15.9	17.69 per cent	18.6	18.42 per cent	0.73 per cent
Corporate Services	34.7	38.60 per cent	39.3	38.91 per cent	0.31 per cent
Office Accommodation	13.9	15.46 per cent	14.6	14.46 per cent	-1.01 per cent
Internal Audit	4.9	5.45 per cent	5.7	5.64 per cent	0.19 per cent
Finance Services	20.5	22.80 per cent	22.7	22.48 per cent	-0.33 per cent
TOTAL	89.9	100.00 per cent	101.0	100.00 per cent	0.00 per cent

Source: National Treasury (2021)

 

3.1.2     Programme 2: Investigation and Information Management

 

The purpose of the Investigation and Information Management Programme is to strengthen the Department’s oversight role over the police service by conducting investigations, in line with the powers granted by the Independent Police Investigative Directorate Act No. 1 of 2011.

 

The Investigation and Information Management Programme received a Main Appropriation of R227.5 million in 2021/22, which is a nominal decrease of 2.2 per cent compared to the previous financial year. Considering inflation, the Programme’s allocation decreased with 6.09 per cent. The Investigation Management sub-programme received a Main Appropriation of R12.7 million in 2021/22, which is a substantial nominal decrease of 32.45 per cent and a real decrease of 35.17 per cent compared to the previous financial year. The sub-programme’s allocation is expected to decrease, on average, with 15.6 per cent over the medium-term. The Investigation sub-programme received a Main Appropriation of R205.5 million in 2021/22, which is a nominal decrease of 1.44 per cent and considering inflation, the allocation decreased with 5.41 per cent.

 

The Information Management sub-programme received a Main Appropriation of R9.3 million in 2021/22, which is a substantial nominal increase of 82.36 per cent and a real increase of 75 per cent. Over the medium-term, the sub-programme’s allocation is expected to increase, on average, with 22.3 per cent.

 

Table 6: Budget allocation per sub-programme of the Investigation and Information Management Programme

Programme	Budget		Nominal Increase / Decrease in 2021/22	Real Increase / Decrease in 2021/22	Nominal Percent change in 2021/22	Real Percent change in 2021/22
R million	2020/21	2021/22
Investigation Management	18.8	12.7	- 6.1	- 6.6	-32.45 per cent	-35.17 per cent
Investigation Services	208.5	205.5	- 3.0	- 11.3	-1.44 per cent	-5.41 per cent
Information Management	5.1	9.3	4.2	3.8	82.35 per cent	75.00 per cent
TOTAL	232.5	227.5	- 5.0	- 14.2	-2.2 per cent	-6.09 per cent

                                                                                       Source: National Treasury (2021)

 

The substantial decrease in the Investigation Management sub-programme’s allocation led to changes in the proportional allocation of sub-programmes.

Table 7: Percent of total Investigation and Information Management Programme budget per sub-programme

Programme	Budget	Percent of total budget per programme	Budget	Percent of total budget per programme	Change in percent allocation
R million	2020/21		2021/22
Investigation Management	18.8	8.09 per cent	12.7	5.58 per cent	-2.50 per cent
Investigation Services	208.5	89.68 per cent	205.5	90.33 per cent	0.65 per cent
Information Management	5.1	2.19 per cent	9.3	4.09 per cent	1.89 per cent
TOTAL	232.5	100.00 per cent	227.5	100.00 per cent	0.00 per cent

Source: National Treasury (2021)

The Investigation Management sub-programme’s proportional allocation decreased with 2.5 per cent compared to the previous financial year. Although the allocation of the Investigation sub-programme decreased, the sub-programme continues to receive 90.33 per cent of the Programme’s total budget allocation.

3.1.3     Programme 3: Legal and Advisory Services

The purpose of the Programme is to manage and facilitate the provision of investigation advisory services and provide legal, civil and labour litigation services.

The Legal and Investigation Advisory Services Programme received a Main Appropriation of R6.4 million in 2021/22, which is a nominal increase of 6.7 per cent and a real increase of 2.37 per cent compared to the previous financial year. The Legal Support and Administration sub-programme received a Main Appropriation of R2.2 million, which is a substantial nominal increase of 22.22 per cent. Considering inflation, the sub-programme’s allocation had a real increase of 17.3 per cent. The Litigation Advisory Services sub-programme received a Main Appropriation of R1.8 million in 2021/22, which is a nominal decrease of 5.26 per cent and a real decrease of 9.08 per cent. The Investigation Advisory sub-programme received a Main Appropriation of R2.4 million in 2021/22, which is nominally unchanged compared to the previous financial year. However, considering inflation, the sub-programme’s allocation decreases with 4.03 per cent.

 

Table 8: Budget allocation per sub-programme of the Legal and Investigation Advisory Services Programme

Programme	Budget		Nominal Increase / Decrease in 2021/22	Real Increase / Decrease in 2021/22		Nominal Percent change in 2021/22		Real Percent change in 2021/22
R million	2019/20	2020/21
Legal Support and Administration	1.8	2.2	0.4		0.3	22.22 per cent			17.30 per cent
Litigation Advisory Services	1.9	1.8	- 0.1		- 0.2	-5.26 per cent			-9.08 per cent
Investigation Advisory Services	2.4	2.4	0.0		- 0.1	0.00 per cent			-4.03 per cent
TOTAL	6.0	6.4	0.4		0.1	6.7 per cent			2.37 per cent

Source: National Treasury (2021)

 

The changes in the allocations to sub-programmes led to substantial changes in their proportional allocations. The proportional allocation of the Legal Support and Administration sub-programme increased with 4.38 per cent compared to the previous financial year. In turn, this led to a decrease in the proportional allocation of the Litigation Advisory Services and Investigation Advisory Services sub-programmes of 3.54 per cent and 2.5 per cent, respectively.

 

 

Table 9: Percent of total Legal and Advisory Services Programme budget per sub-programme

Programme	Budget	Percent of total budget per programme	Budget	Percent of total budget per programme	Change in percent allocation
R million	2020/21		2021/22
Legal Support and Administration	1.8	30.00 per cent	2.2	34.38 per cent	4.38 per cent
Litigation Advisory Services	1.9	31.67 per cent	1.8	28.13 per cent	-3.54 per cent
Investigation Advisory Services	2.4	40.00 per cent	2.4	37.50 per cent	-2.50 per cent
TOTAL	6.0	100.00 per cent	6.4	100.00 per cent	0.00 per cent

Source: National Treasury (2021)

 

3.1.4     Programme 4: Compliance Monitoring and Stakeholder Management

The purpose of the Compliance Monitoring and Stakeholder Management Programme is to safeguard the principles of cooperative governance and stakeholder relations.

The Compliance Monitoring and Stakeholder Management Programme received a Main Appropriation of R13.4 million in 2021/22, which is a nominal increase of 6.3 per cent compared to the previous financial year. Considering inflation, the Programme’s allocation increased with 2.06 per cent. The Compliance Monitoring sub-programme received a Main Appropriation of R7.9 million in 2021/22, which is a nominal decrease of 3.66 per cent. Considering inflation, the sub-programme’s allocation decrease with 7.54 per cent.

The Stakeholder Management sub-programme received a Main Appropriation of R5.5 million in 2021/22, which is a substantial nominal increase of 25 per cent compared to the previous financial year.

Table 10: Budget allocation per sub-programme of the Compliance and Stakeholder Management Programme

Programme	Budget		Nominal Increase / Decrease in 2021/22		Real Increase / Decrease in 2021/22	Nominal Percent change in 2021/22		Real Percent change in 2021/22
R million	2020/21	2021/22
Compliance Monitoring	8.2	7.9	- 0.3	- 0.6		-3.66 per cent	-7.54 per cent
Stakeholder Management	4.4	5.5	1.1	0.9		25.00 per cent	19.96 per cent
TOTAL	12.6	13.4	0.8	0.3		6.3 per cent	2.06 per cent

Source: National Treasury (2021)

 

The changes in the Main Appropriations of the sub-programmes influenced their proportional allocations in 2021/22 compared to the previous financial year. The proportional allocation of the Compliance Monitoring sub-programme decreased with 6.12 per cent, but continued to receive the bulk of theProgramme’s funding (58.96 per cent). In turn, the Stakeholder Management sub-programme’s proportional allocation increased with 6.12 per cent.

 

Table 11: Percent of total Compliance and Stakeholder Management Programme budget per sub-programme

Programme	Budget	Percent of total budget per programme	Budget	Percent of total budget per programme	Change in percent allocation
R million	2020/21		2021/22
Compliance Monitoring	8.2	65.08 per cent	7.9	58.96 per cent	-6.12 per cent
Stakeholder Management	4.4	34.92 per cent	5.5	41.04 per cent	6.12 per cent
TOTAL	12.6	100.00 per cent	13.4	100.00 per cent	0.00 per cent

Source: National Treasury (2021)

 

5.3. Insufficient resourcing

 

The Portfolio Committee on Police has continuously raised the inadequate resourcing of the IPID as a major concern. The lack of resources has had a significant impact on the effectiveness of the IPID and has led, amongst others, to a significant reduction in its geographic footprint, forcing the closure of various satellite offices countrywide.

In recent years, other role-players have echoed concerns related to inadequate resourcing, notably -

 

Marikana Commission of Inquiry

Recommendation G4: The staffing and resourcing of IPID should be reviewed to ensure that it is able to carry out its functions effectively.

 

Panel of Experts Report on Policing and Crowd Management

Recommendation 33: IPID’s budget should be increased in order for it to fulfil its mandate of investigating SAPS and MPS crime and misconduct complaints. This is a decision that must be taken by the Parliamentary Portfolio Committee of Police in consultation with IPID and presented to the Minister of Police for implementation.

 

High Court Judgement Case 21512/2020 “Khosa Judgement”

The judgement handed down on 15 May 2020 dealt with the inadequacy of IPID. Judge Fabricius stated, “I agree with applicants’ council that there is no existing mechanism capable of conducting prompt, impartial and effective investigations of lockdown brutality and that I have the duty and power to order the Defence Minister and Police Minister to establish one urgently”. The Judge further stated, “Defects in IPID can be gleaned from its own Annual Performance Plan doe 2019/20. It has simply been provided with insufficient financial and other resources”.

 

5.4. Personnel and expenditure on compensation of employees

Spending on compensation of employees accounts for 67.9 per cent (R233.8 million) of the total budget allocation. As part of Cabinet’s decision to stabilise debt, the Department’s budget for compensation of employees is reduced by R75.7 million over the MTEF period. To accommodate these reductions and remain within the revised allocated budget, the Department conducted an extensive reprioritisation exercise that includes a review of the establishment to ensure optimal utilisation of the available personnel.

 

Table 12: Personnel numbers and cost by programme

	Number of funded posts	Actual		Revised estimate		Medium-term expenditure estimate						Average growth rate (%)	Average: Salary level/ Total (%)
		2019/20		2020/21		2021/22		2022/23		2023/24		2020/21 - 2023/24
Independent Police Investigative Directorate		Number	Cost	Number	Cost	Number	Cost	Number	Cost	Number	Cost
Programme	398	366	248.1	376	243.1	391	233.8	390	234.1	389	239.6	1.2%	100.0%
Programme 1	114	102	50.3	85	50.2	114	56.2	114	56.8	114	57.8	10.4%	27.6%
Programme 2	262	242	183.4	269	176.6	254	160.5	254	159.9	253	163.8	-2.0%	66.7%
Programme 3	7	7	4.9	7	5.5	7	6.1	7	6.1	7	6.6	1.6%	1.8%
Programme 4	15	15	9.6	15	10.8	15	11.0	15	11.2	15	11.5	-0.8%	3.9%

Source: National Treasury (2021)

 

 

3.2        PROGRAMME PERFORMANCE

 

In 2021/22, the Directorate has 32 performance indicators, of which six are new indicators. The majority of the 2021/22 performance targets remained unchanged compared to the previous financial year. The majority of the Investigation and Information Management Programme’s performance targets decreased compared to the previous financial year, which is concerning as this is the Department’s core service delivery programme. For instance, the target for the investigations of rape by a police officer decreased from 130 in 2020/21 to 70 in 2021/22, which is a decrease of 53.8 per cent. Similarly, the target for investigations of deaths in police custody decreased from 180 to 120 in 2021/22 and investigations of death as a result of police action decreased from 280 to 220.

 

These decreases are especially concerning in the context of increased instances of police brutality in the enforcement of lockdown restrictions. According to the Department, despite the decrease of performance targets, the Department has begun an organisational realignment process to prioritise frontline services and convert vacant posts in non-core areas into the appointment of 13 additional investigators over the medium-term. This additional capacity is expected to enable the Department to ensure that backlog cases are prioritised and that service delivery improves, particularly in “hotspot” provinces (Eastern Cape, Gauteng, KwaZulu-Natal and Western Cape) that have seen a large number of police misconduct cases reported in recent months

 

3.2.1     Administration Programme

 

The purpose of the Administration Programme is to provide for the overall management of the Independent Police Investigative Directorate and support services, including strategic support to the Department.

 

The table below provides a summary of the programme performance indicators and targets of the Administration Programme for the 2019/20 financial year:

 

Table 13: Programme Performance Indicators and Targets Performance indicators

	2020/21 Target	2021/22 Target	Comments
1) Percentage vacancy rate per year	<10%	10%	Unchanged
2) Percentage implementation of Annual Internal Audit Plan	90%	90%	Unchanged
3) Percentage implementation of risk mitigating strategies	60%	60%	Unchanged
4) Percentage of compliance of SMS financial interests submitted through e-disclosures	100%	100%	Unchanged
5) Percentage implementation of ICT Infrastructure Plan	90%	70%	Decreased
6) Percentage implementation of Youth Development Strategy per year	New	80%	New indicator
7) Percentage implementation of Gender Based Violence and Femicide Strategy per year	New	70%	New Indicator

Source: 2021/22 IPID APP

 

3.2.1     Investigation and Information Management Programme

The purpose of the Investigation and Information Management Programme is to strengthen the Department’s oversight role over the police service by conducting investigations, in line with the powers granted by the Independent Police Investigative Directorate Act No. 1 of 2011. This includes making appropriate recommendations on investigations in the various investigation categories and submitting feedback to complainants. The Programme will also enhance efficiency in case management and maintain relationships with other state security agencies, such as the SAPS, the National Prosecuting Authority (NPA), Civilian Secretariat for Police Service (CSPS) and community stakeholders, through on-going national and provincial engagement forums.

 

According to the APP, the Programme coordinates and facilitates the Department’s investigation processes through the development of policy and strategic frameworks that guide and report on investigations. The programme consists of the following three sub-programmes:

 

• Investigation Management develops and maintains investigation systems, procedures, norms, standards and policies in line with the IPID Act (2011) and other relevant prescripts.
• Investigation Services manages and conducts investigations in line with provisions in the IPID Act (2011).
• Information Management manages information and knowledge-management services through the development and maintenance of a Case Flow Management System and database, analyses and compiles.

 

The table below summarises the programme performance indicators and targets of the Investigation and Information Management Programme. In 2021/22, the majority of targets were decreased or remained unchanged. No targets were increased.

 

Table 14: Programme Performance Indicators and Targets

Performance indicators	Targets		Comments
	2020/21	2021/22
1) Number of investigations of deaths in police custody that are decision ready	180	120	Decreased
2) Number of investigations of death as a result of police action that are decision ready	280	220	Decreased
3) Number of cases for investigation of the discharge of an official firearm by a police officer that are decision ready	370	370	Unchanged
4) Number of investigations of rape by a police officer that are decision ready	130	70	Decreased
5) Number of investigations of rape while in police custody that are decision ready	15	6	Decreased
6) Number of investigations of torture that are decision ready	80	80	Decreased
7) Number of investigations of assault that are decision ready	2 000	2 000	Unchanged
8) Number of investigations of corruption that are decision ready	85	70	Decreased
9) Number of investigations of other criminal and misconduct matters referred to the Directorate in terms of s28(1)(h) and s35(1)(c) of the IPID Act that are decision read	10	10	Unchanged
10) Number of investigations of offences referred to in section 33 of the IPID Act that are decision ready	25	5	Decreased
11) Number of approved systemic corruption cases that are decision ready	3	2	Decreased
12) Percentage of criminal recommendation reports referred to the NPA within 30 days of recommendation report being signed off	90%	90%	Unchanged
13) Percentage of disciplinary recommendation reports referred to the SAPS or MPS within 30 days of recommendation report being signed	90%	90%	Unchanged

Source: IPID 2021/22 APP

According to the Department, the Programme will also be contributing towards implementation of the GBVF Strategy by prioritising crimes committed against vulnerable groups such as women, children and people living with disability i.e., death related cases, rape, assault and torture.

In 2015, the Marikana Commission of Inquiry recommended (G5) that the forms used by IPID for recording statements from members of the SAPS should be amended so as to draw the attention of the members concerned to the provisions of section 24 (5)2 of the IPID Act No. 1 of 2011, and thereby encourage them to give full information about the events forming the subject of an IPID investigation without fear that they might incriminate themselves. The recently released Panel of Experts Report on Policing and Crowd Control recommended (recommendation 24) that the IPID should implement Marikana Commission Recommendation G5.The provision should be understood as referring to ‘police or other persons interviewed by IPID’ and not just to ‘the members concerned’.

 

3.2.2 Legal and Investigation Advisory Services Programme

The purpose of the Programme is to manage and facilitate the provision of investigation advisory services and to provide legal, civil and labour litigation services. The programme consists of the following three sub-programmes:

• Legal Support and Administration: The sub-programme manages the Directorate’s legal obligations by developing and maintaining systems, procedures and standards to assist, guide and direct legal support within the Directorate.
• Litigation Advisory Services: The sub-programme coordinates civil and labour litigation, and grants policing powers. Other key activities and outputs include finalising contracts and service level agreements.

The table below summarises the programme performance indicators and targets of the Legal and Advisory Services Programme:

Table 15: Programme Performance Indicators and Targets

Performance Indicator	2020/21 Target	2021/22 Target	Comments
1) Percentage of written legal advice provided to the Department within 30 working days of the request	70%	70%	Unchanged
2) Percentage of written legal advice provided to investigators within 2 working days of request	95%	95%	Unchanged
3) Percentage of contracts/service level agreements finalised within 30 working days of the request per year.	90%	90%	Unchanged
4) Percentage of litigation matters referred with instructions to the State Attorney within 10 working days of receipt per year	100%	100%	Unchanged

  Source: IPID 2021/22 APP

 

 

3.2.3 Compliance Monitoring and Stakeholder Management Programme

The purpose of the Compliance Monitoring and Stakeholder Management Programme is to safeguard the principles of cooperative governance and stakeholder relations and to monitor and evaluate the relevance and appropriateness of recommendations made to the South African Police Service and Municipal Police Services in terms of the Independent Police Investigative Directorate Act, 2011. The programme consists of the following two sub-programmes:

Compliance Monitoring: The Sub-programme monitors and evaluates the quality of recommendations made and responses received from on such recommendations from the South African Police Service, Municipal Police Services and National Prosecuting Authority in compliance with the reporting obligations in terms of the IPID Act, 2011.

Stakeholder Management: The Sub-programme manages relations and liaises with the Directorate’s key stakeholders such as the South African Police Service, Municipal Police Services, Civilian Secretariat for Police, National Prosecuting Authority, the Special Investigating Unit, the Public Protector of South Africa, the State Security Agency and civil society organisations, in line with the requirements of the IPID Act.

The table below summarises the programme performance indicators and targets of the Programme:

Table 16: Programme Performance Indicators and Targets

Performance Indicator	2020/21 Target	2021/22 Target	Comments
1) Number of formal engagements held with key stakeholders	136	166	Target increased with 30 engagements
2) Number of media programmes held per year	New	4	New indicator
3) Percentage of recommendations referred to the SAPS and MPS that are analysed per year	New	80%	Changed from number to percentage
4) Percentage of criminal referrals forwarded to the NPA that are analysed per year	New	80%	Changed from number to percentage
5) Percentage of responses from SAPS and MPS that are analysed	60%	60%	Unchanged
6) Percentage of responses from NPA that are analysed	50%	60%	Unchanged
7) Number of case docket inspections conducted per year	5	5	Unchanged
8) Percentage implementation of Access and Awareness Rural Strategy per year	New	60%	New indicator

Source: IPID 2021/22 APP

 

4.         Committee Observations

The Committee made the following observations during the 2021/22 budget hearings:

4.1        The Committee Member welcomed the appointment of the Executive Director and noted that sometimes people are very scared when a woman is appointed in an executive position but that the IPID is now more accessible and was very impressed with the work of IPID now

4.2        The Committeenoted the decreased budget allocation coupled with significant decreases in performance targets was problematic. The Administration programme budget increased but the Investigations programme decreased with 2.86%. Members wanted to know where the emphasis of the IPID should be.

4.3        The Committee questioned how the IPID intends to strengthen of internal control systems with compliance on legislation. Members wanted to know how the IPID was going to achieve this with the reduced budgets.

4.4        The Committee questioned why the percentage implementation of internal audit planper year was at 78% and whether the IPID was fully implementing internal audit plan.

4.5        The Committee wanted more information on the IPID relocation to the new building and required an update. The IPID was asked to provide an update with details.

4.6        The Committee noted the reductions in the targets of the Investigations and Information Management programme and wanted to know why these targets has been reduced.

4.7        The Committee questioned the indicators on the percentage of access and awareness on the rural strategy per year and the number of stakeholder engagements with key stakeholders.

4.8        The Committee questioned the backlog of investigations and pointed to eight cases in particular in Port Shepstone, Johannesburg Central and Pretoria Central. The Committee questioned what progress was made on those cases in particular. 

4.9        The Committee noted that some of the backlogs was dependent on different reports and wanted to know what percentage of cases were as a result of toxicology reports and post-mortem reports. 

4.10      The Committee questioned why the Department found it necessary to remove the indicators for community outreach events. It was unclear whether this was as a result of the COVID-19 pandemic.    

4.11      The Committee questioned the impact of the Gender Based Violence strategy on the internal and external environment of the Department.                   

           

4.2        IPID Responses

The IPID confirmed that the Department has moved offices to the situated in Arcadia,Pretoria. The Department started the move in April and has completed it. The acting ExecutiveDirector stated that the IPID appreciated all the efforts towards the budget issues and that the Department received additional funds. The budget reductions on Programme 2 was as a result of the relocation, as the bulk of the expenditure is in the Administration programme. The Department has since reprioritised itsbudget for relocation from Programme 2.

The Department was complying with all internal controls and are planning for a clean audit, and have committed to strengthening the internal control.

The IPID was implementing the Gender Based Violence strategy through its implementation plan and some of the deliverables was more focussed internally such as the training of the investigators, particularly matters relating to rape.

The Department was also implementing the Men’s Dialogues and reviewed internal policies such as Supply Chain Management processes. The Department is prioritising GBVF matters as a certain percentage that is achieved in a financialyear.

The Department indicated that as far as investigations were concerned, there were issues that came up in relation to the review of targets. These include the dependencies from outside stakeholders and the IPID is dependent on the reports for these cases. The Department has engaged the Director General of Health and the SAPS Divisional Commissioners and they have committed working with the IPID.

The IPID has a breakdown of 166 events and they are a compilation of three issues with respect to the community engagement indicators. The Department will look at this and how it can improve the implementation and cost management through its Case Management System. The IPID has engaged in processes and in the short term that would allow it to improve.

 

5.         Committee Recommendations

The Committee made the following recommendations

5.1        The Committee welcomes the appointment of the Executive Director of the IPID and notes that the Department is showing some progress. However, the Committee has asked the Executive Authority for a comprehensive report on why the process of appointment has taken almost two years. The Committee recommends that the Executive Authority provides the report to the Committee within three weeks after adoption of this report.

5.2        The Committee recommends that in view of budget cuts, the IPID realigns its budget priorities to strengthen its core service delivery programme, Investigation and Information Management programme.  

5.3        The Committee recommends that the IPID management strengthen internal control systems and implement the Auditor General’s recommendations with the support of the Internal Audit unit. 

5.4        The Committee recommends that the IPID reviews its decreased target indicators in Programme 2.  

5.5        The Committee recommends that the IPID develop an action plan on addressing investigations backlogs as a result of outstanding toxicology and post-mortem reports.

5.6        The Committee recommends that the IPID reviews all its low APP targets.

5.7        The Committee recommends that the IPID provides a report on the outstanding investigations in Pretoria Central, Johannesburg Central and Port Shepstone.

5.8        The Committee recommends that the IPID consider other government funding sources to recover the areas where funding shortfalls exist.

 

6.         Conclusion

The Committee notes that there are serious capacity challenges with respect to budget cuts in the national budget and this has impacted IPID. The COVID-19 pandemic has affected the ability of all government departments to deliver services in the face of risks associated with the pandemic. All communities across the country require a guarantee that where there is police criminality, the IPID will investigate without fear or favour. That guarantee must be unconditional and the IPID must find ways and means to deliver on its mandate.

The IPID cannot be allowed to fail when it comes to oversight over the police. The Portfolio Committee on Police will support all efforts by the IPID to find the necessary resources to implement its mandate.  

The Portfolio Committee on Police supports the budget of the Independent Police Investigative Directorate (IPID) for 2021/22 and recommends that the Budget Vote 24 be adopted.

The DA and EFF reserved its rights with respect to the adoption of the report.

 

Report to be considered.