ATC230517: Policy Assessment and Recommendations Report of the Select Committee on Security and Justice on the 2023/24 Budget Vote 24, Annual Performance Plan (APP) of the Independent Police Investigative Directorate (IPID), dated 17 May 2023

NCOP Security and Justice

Policy Assessment and Recommendations Report of the Select Committee on Security and Justice on the 2023/24 Budget Vote 24, Annual Performance Plan (APP) of the Independent Police Investigative Directorate (IPID), dated 17 May 2023.

 

1. Introduction

This report serves to assess the strategic plans, annual performance plans and budget of the Department of Police for 2023/24 against the backdrop of service delivery. It is with this in mind that the Select Committee presents this report on the budget briefing by IPID. The Select Committee on Security and Justice, on 10 May 2023, held a virtual briefing on the 2023 Budget and APPs of the IPID and reports as follows

 

1. Strategic plan

IPID’s contribution to the National Development Plan is in terms of Chapter 12: building safer communities which envision people living in South Africa feeling safe and having no fear of crime and Chapter 14: promoting accountability and fighting corruption which envisions a South Africa with zero tolerance to corruption, accountable public and private officials and leaders acting with integrity and maintaining high ethical standards. IPID’s contribution to the Medium Term Strategic Framework (MTSF) 2019-2024 is in respect of Priority 1: a capable, ethical and developmental state and Priority 6: social cohesion and safe communities.

 

1. Key Strategic Priorities

 

• According to the IPID, it will continue to focus on improving the quality of all its investigations; giving high priority to those related to alleged gender-based violence and alleged violence against people from other vulnerable groups; and increasing access to its services.

 

• Address the continuous increasing backlog cases by implementing the case prioritisation framework and appointment of contract investigators.

 

• Develop a new case management system. The fully customised system is expected to integrate seamlessly with systems of other law enforcement agencies within the justice cluster to enable information sharing and collaboration on investigations.

 

• Continue with the expansion of IPID’s footprint and improve access to its services, through the collaboration with provincial Community Safety Departments in Gauteng, KwaZulu-Natal and Western Cape to establish regional and district offices.

 

1. Budget Allocation 2023/24

 

The IPID received a Main Appropriation of R364.4 million in 2023/24, which is a slight nominal increase of 0.2 per cent. However, taking into account inflation, the Directorate’s allocation decreased by 4.45 per cent. IPID has recorded continued underspending and thus has not demonstrated that it has the capacity to fully spend its allocated budget.

 

The Administration Programme received an allocation of R109.2 million in 2023/24, which is a nominal decrease of R6.8 million or 5.82 per cent. In real terms, the allocation decreased with 10.22 per cent compared to the previous financial year.

 

The Investigation and Information Management Programme received a Main Appropriation of R236.9 million, which is a nominal increase of 4.35 per cent compared to the previous financial year. However, when considering inflation, the Programme’s allocation decreased by 0.53 per cent.

 

The Legal and Investigation Advisory Services Programme received a Main Appropriation of R6.8 million in 2023/24, which is a nominal increase of 9.71 per cent (or R600 000) and real increase of 4.58 per cent compared to the previous financial year.

 

The Compliance Monitoring and Stakeholder Management Programme received a Main Appropriation of R11.4 million in 2023/24, which is a nominal decrease of 20.08 per cent (-R2.9 million), and a real decrease of 23.82 per cent compared to the previous financial year.

 

The Department’s proportional allocation to Programmes changed slightly in 2023/24 compared to the previous financial year. The Administration Programme receives 29.98 per cent of the Department’s total budget allocation. The proportional allocation decreased by 1.93 per cent in 2023/24 compared to the previous financial year. The Investigation and Information Management Programme continues to receive the bulk of the Department’s total allocation at 65.02 per cent thereof. In 2023/24, the Programme’s proportional allocation increased by 2.56 per cent. The proportional allocation of the Legal and Investigation Advisory Services Programme increased slightly with 0.16 per cent and that of the Compliance Monitoring and Stakeholder Management Programme decreased with 0.8 per cent.

 

3.1 Assessment of financial information

 

The IPID received a Main Appropriation of R364.4 million in 2023/24, which is a slight nominal increase of 0.2 per cent. However, taking into account inflation, the Directorate’s allocation decreased by 4.45 per cent. As part of the Portfolio Committee’s 2022 BRRR, it recommended that National Treasury allocates additional funding to the IPID to enhance its operations. However, in response, the Minister of Finance indicated that IPID has recorded continued underspending and thus has not demonstrated that it has the capacity to fully spend its allocated budget. The Minister further stated that the IPID will need to demonstrate improved capacity to fill vacant funded posts and reduce underspending on compensation of employees before additional funding is considered.

 

The budget allocations towards the Compliance Monitoring and Stakeholder Management Programme and several sub-programmes were substantially reduced in 2023/24 compared to the previous financial year. The Compliance Monitoring and Stakeholder Management Programme’s allocation decreased nominally by 20.08 per cent (-R2.9 million). The allocation towards the Department Management sub-programme (located in the Administration Programme) decreased nominally by 48.99 per cent (-R10.7 million). The decreased allocation of the afore mentioned programme and sub-programme allowed for substantial increases in other sub-programmes.

The allocation towards the Investigation Management sub-programme (located in the Investigation and Information Management Programme) increased nominally by 50.05 per cent (+R3.2 million) and that of the Legal Support and Administration sub-programme (located in the Legal and Investigation Advisory Services Programme) increased nominally by 63.49 per cent (+R800 000).

 

The continued decrease in the budget allocation towards Payments for Capital Assets (Machinery and equipment) is concerning. In 2022/23, the allocation had a significant nominal decrease of 48.75 per cent compared to 2021/22, which is repeated with a decrease of 48.23 per cent (or R6.1 million) in 2023/24 compared to 2022/23.

 

3.1.1 Unauthorised Expenditure

The Directorate did not incur unauthorised expenditure in the previous financial year (2022/23).

 

3.1.2 Fruitless and wasteful expenditure

The Department has in the financial year under review incurred a total amount of R9632.91on various transactions, for interest on Telkom overdue accounts and traffic fines on the rented vehicles by officials. All identified transactions/cases were recorded in the Department’s fruitless & wasteful expenditure register which was forwarded to the Financial Misconduct Committee (FMC) for assessment and recommendation on the appropriate action against the implicated officials.

3.1.3 Irregular Expenditure

During the period under review, the Department did not incur or register any irregular expenditure in the register.

 

3.1.4 Material Loses

No material losses incurred as a result of criminal conduct in the financial year under review, 2022/23.

 

1. Annual Performance Plans 2021/22

In 2023/24, the Directorate has 38 performance indicators, of which four are new indicators. The majority of the 2023/24 performance targets remained unchanged compared to the previous financial year. Many of the performance targets in the Investigation and Information Management Programme’s were increased, but the targets still remain low.

4.1 Programme 1 Administration

Purpose: to provide strategic leadership, management and support services to the Department.

Programme 1 has a total of ten (07) output indicators contributing to the attainment of outcomes in the Strategic Plan.

4.2 Programme 2: Investigation and Information Management

Purpose: to co-ordinate and facilitate the Department’s investigation processes through the development of policy and strategic frameworks that guide and report on investigations[1].

In 2023/24, the Programme has 14 performance indicators, of which some have increased targets. The addition of a performance indicator for cell inspections at police stations should be welcomed, however this does not fall within the core mandate of the IPID.

The IPID appointed Quality Assurers and Contract workers as part of its Backlog Strategy to reduce the IPIDs increasing backlog in the finalisation of cases. During the 2022/2023 financial year, by 14 February 2023, the IPID had a total of 14 063 active cases. Of these, 3 212 are cases that were registered between 01 April 2022 to 14 February 2023; and 10 851 (77%) are backlog cases.

 

4.2.1 Case Management System (CMS)

The IPIDs current Case Management System is outdated and requires costly updates and the payment of licensing fees. Over the medium-term, the IPID plans to develop a new CMS to integrate with similar systems used by other law enforcement agencies in the Justice Cluster improve information sharing and collaboration on investigations. The new CMS holds many advantages such as the capability to record and classify cases according to specific categories of importance, such as gender‐based violence, to ensure easier tracking and reporting. The new system is also expected to address inconsistencies in performance reporting. The new system is expected to be developed at a cost of R15 million in the Investigation and Information Management programme, which has a total budget of R741.8 million over the medium term. The Directorate will own the system upon completion, and updates to its specifications will be developed in-house.

4.3 Programme 3: Legal and Investigation Advisory Services

Purpose: to manage and facilitate the provision of investigation advisory services. Provide legal, civil and labour litigation services.

The Programme’s performance targets remained unchanged in 2022/23 compared to the previous financial year.

4.4 Programme 4: Compliance Monitoring & Stakeholder Management

Purpose: Monitor and evaluate the relevance and appropriateness of recommendations made to the South African Police Service and Municipal Police Services in terms of the IPID Act.

In 2023/24, the Compliance Monitoring and Stakeholder Management Programme has 10 performance indicators

4.5 Measuring Performance Targets

In 2023/24, the Directorate has 38 performance indicators, of which four are new indicators. The majority of the 2023/24 performance targets remained unchanged compared to the previous financial year. Some of performance targets in the Investigation and Information Management Programme were increased, but the targets still remain low. A new indicator was introduced in this programme to conduct investigations at police cells to ensure compliance to norms and standards. Although the detention facilities at police stations need to be monitored, it is not necessarily within the core mandate of the IPID given limited resources and investigators.

 

The IPID’s current Case Management System is outdated and requires costly updates and the payment of licensing fees. Over the medium-term, the IPID plans to develop a new CMS to integrate with similar systems used by other law enforcement agencies in the Justice Cluster improve information sharing and collaboration on investigations. The new system is expected to cost R15 million in the Investigation and Information Management programme, which has a total budget of R741.8 million over the medium term. The Directorate will own the system upon completion, and updates to its specifications will be developed in-house.

The Civilian Secretariat for Police Service published the IPID Amendment Bill, 2022 in the Government Gazette Vol. 47373 on 28 October 2022 for public comment. The IPID Amendment Bill will be consulted with the Office of the Chief State Law Advisor and JCPS Cluster during April and May 2023 after which it will be submitted to JCPS Cabinet Committee and Cabinet in June 2023 before being submitted to Parliament. The introduction is expected to be mid-July or early August 2023. A 2023 directive from the House Chairperson stated that all legislation before the National Assembly must be finalised by September 2023 in order to give the NCOP a reasonable chance to process transmitted legislation

The capacity constraints faced the IPID, both in terms of insufficient funding and personnel, has affected the ability of the Directorate to fulfil its mandate. In order to contribute to the realisation of the Vision 2030 in professionalising the police services (SAPS and MPS), the Directorate must be capacitated to have a measurable impact on police conduct.

1. Discussions / Responses by Deputy Minister/ Department

 

5.1 IPID’s footprint in provinces: Members wanted to know What progress has been made in the expansion of IPID’s footprint and how is this benefiting provinces in terms of investigations and whether there are any remaining challenges. The Department responded that they still have limited capacity 397 and they are hiring people on a contract basis. The Department does have an expansion strategy which it offered to share with the Committee.

 

5.2 ICT plan: Members noted that there was a focus on the ICT plan and requested more information pertaining to this plan and the policies moving forward. The Department responded that there were challenges and that they are currently developing an ICT plan and have engaged with SITA and the CFO to improve the environment including ageing infrastructure.

 

5.3 Underspending of Budget: Members noted that National treasury has indicated that IPID is underspending its budget and wanted an explanation of this. The Department responded that the underspending was mainly due to compensation of employees. They had serious challenges in the last financial year where members have left and gaps stayed open and there were delays in receiving screening results of candidates. This year they will fill the vacancies and monitor the improvement on vacancy rates. The Department confirmed that the underspending only amounted to 1% due to the positions which could not be filled. The Department is now also filling vacancies with internal candidates which is also improving progression internally and improves the retention of staff.

 

5.4 Gender Based Violence (GBV) interventions: Members wanted to understand what steps were being undertaken to improve the quality of investigations into GBV cases. The Department responded that they have appointed quality assurers to reduce noli prosequi cases and to review the decisions of the NPA. They have had several meetings to address these challenges and provincial heads are active to ensure cases are of a high quality nature. They have also secured the services of ACFE, which is a body that conducts executive training on fraud and corruption and this will assist investigators with the challenges.

 

5.5 Indicator: Cell inspections: Members wanted to understand what informed the inclusion of the cell inspections as an indicator.  The Department responded that with challenges of deaths in police custody, corruption and brutality, particularly in KZN, they thought it was important to include this as an indicator to ensure that they visit police cells and they are working in partnership with the SAHRC to comply with international obligations to ensure that there are no incidents of torture or assault within police cells.

 

5.6 Targets for indicators under Programme 4: Members wanted to know what informed the percentage target of 90% for the two new indicators in respect of reviewing the percentage of disciplinary outcomes taken on review by SAPS and NPA decisions within 60 days. The Department responded that these indicators were set at 90% because for a matter to be taken on review there is a process of analysis and a need to request information from stakeholders. The Department also had to consider the impact on them completing analysis within 60 days and therefore decided that out of all the matters they would ensure that 90% are referred within 60 days. The 90% was therefore included to make provision for delays.

 

5.7 Mkhondo – 17-year-old child was shot: Members wanted to know why the family has been unable to obtain any information pertaining to this investigation and what is the process the community takes to hold police accountable. Members further wanted clarity on the status of the case. The Department responded that they are strengthening relationships with community policing forums and that they would furnish the Committee with a response on this case in writing.

 

5.8 Decentralisation of IPID’s offices: Members wanted to know how far this plan is and whether they can operate independently of SAPS offices. The Department responded that they do have their own offices separate to saps. They have 9 provincial offices and they work according to the district development model to share office space with the Department of Community Safety in different regions.

 

5.9 IPID budget is low: Members raised concerns that the budget is insufficient for IPID to effectively perform according to its mandate and wanted to know if the Department has made any effort to speak to treasury for an increase. The Deputy Minister responded that they have presented additional budget requests during the MTEF period and the expansion strategy was presented to National Treasury and other role-players. This strategy explains the intention to expand footprints and tools of trade for investigators.

 

5.10 IPID as chapter 9 institution: Members noted that this matter was discussed at different levels, and queried whether IPID was aware of this and its response thereto. The Department responded that they are aware of these discussions taking place outside of the Department but that IPID is confident that the IPID Bill which will come before the Committee this year should clarify all of these matters.

 

5.11 Material losses due to criminal conduct: Members wanted to know whether there were any material losses due to criminal conduct and what measures the Department has taken to recover these losses. The Department responded that there were no material losses only fruitless and wasteful expenditure which was due to Telkom accounts and this has been referred for investigation.

 

5.12 Staff morale: Members requested information on staff morale particularly in light of the capacity constraints within IPID.  The Department responded that staff morale was very low and that they are working hard to improve this to ensure that there is upward mobility within the institution. They are currently making internal appointments to ensure upward mobility within the Department. The Department also hosted an ‘Investigation indaba’ to allow investigators to express their concerns and a conditions of service report was drafted. Each province’s needs are being presented and senior managers are tasked to address matters on the ground to improve conditions of service of investigators. The Department is also currently adjusting pay levels to improve morale.

 

5.13 Case backlogs: Members wanted to know what measures are in place to address the backlog and what number of cases are awaiting technical reports, such as post-mortem, DNA, ballistic, histology and toxicology reports? The Department responded that they are hiring retired detectives to assist with backlogs, and have appointed 5 contract workers.. In respect of technical reports, SAPS is working well with IPID to address any outstanding reports.

 

5.14 Case Management system: Members wanted to know what progress has been made in the new system. The Department responded that the current CMS is a problem due to an open ended contract that they have with a service provider. National Treasury has made a finding regarding this to make this company compete with other companies. Investigators have problems and delays in uploading cases and the Department is trying to come up with a modified CMS to ensure the system is adaptable and that they have control over it.

 

5.16 Allocation of Provincial budgets: Members wanted to know why there was a decrease in the budget of the Western Cape. The Department responded that they work on zero based budgeting and each provincial head presents on what they require. One of the issues that came out was in relation to overtime payments as Western Cape investigators worked overtime and these claims were not in line with the overtime policy and had to be capped. As a result, the budget was reduced for overtime and this was agreed with management.

 

5.17 MOU with NPA: Members wanted to know the progress of this working relationship. The Department responded that in terms of the MOU with the NPA, IPID would investigate both IPID and non IPID matters and that they are working well with the Independent Directorate within the NPA.

 

1. Recommendations
   1. The Department should be an independent institution whose resources and capacity should be increased to ensure that they are able to effectively execute their mandate in all provinces.

 

1. The Department must engage National Treasury to increase their budget in order for the Department to employ sufficient investigators with the necessary skills to conduct proper investigations in all provinces.
2. The Department should make every effort to improve and increase its footprint in all provinces and regions to reach as many communities as possible. The Department should share its expansion strategy with the committee.
3.  The Department should, within 30 days of adoption of this report, send a detailed response to the Committee in respect of progress made on the Mkhondo case as raised by members.
4. The Department should ensure that the proper systems are put in place to eradicate the case backlogs and to implement the necessary case management systems, to improve overall efficiency within the Department.
5. The Department should continue with regular provincial engagements with SAPS, CSP and the NPA to ensure compliance with its recommendations and to find mechanisms to ensure that the majority of its cases are prosecuted and disciplinary measures are being implemented.
6. The Department should continue to work towards improving staff morale by understanding the needs and frustrations of its employees and find solutions to addressing these challenges to ensure that employees are able to effectively carry out their job responsibilities.
7. The Department should focus on improving the quality of its investigations and work hard towards achieving the targets set for the implementation of the gender based violence strategy.
8. The Department should prioritise the filling of vacancies of investigators across all provinces to increase the investigative capacity within the Department.

1. Conclusion

 

The Committee welcomed the presentations made by IPID and encouraged IPID to continue fulfilling its mandate in conducting oversight over SAPS and MPS and to make appropriate recommendations, as well as to ensure compliance thereof. The Committee further encouraged IPID to find innovative ways to strengthen its reach within provinces to ensure that it continues to fulfil its mandate.

 

The Select Committee on Security and Justice supports Budget Vote 24.

 

Report to be considered.

 

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[1] Please see attached annexure one for Provincial Interests in the Strategic and Annual Performance Plans of the Department.