About the ICD
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VISION: A TRANSFORMED POLICE SERVICE IN LINE WITH THE SPIRIT AND PURPORT OF THE CONSTITUTION MISSION: TO PROMOTE PROPER POLICE CONDUCT MANDATE: 1. 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 police service are investigated in an effective and efficient manner. 2. 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 muto or upon receipt of a complaint, investigate any death in police custody or as a result of police action; and (c) may investigate any matter referred to the Directorate by the Minister or member of the Executive Council. 3. Section 18 of the Domestic Violence Act, Act No. 116 of 1998 stipulates that: 4(a) 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. 4(b) 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 referred to in paragraph (a). 5 (c) 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 setting out the recommendations made in respect of such matters. 5 (d)(iii) 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. 4. 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 had been given to it in respect of the SAPS, as explained in 1 above. COMMITMENT: I, Karen Danielle McKenzie, in my capacity as Executive Director of the Independent Complaints Directorate (ICD) as well as the Senior Managers of my staff, commit ourselves to the utilization of resources of the ICD in the most efficient, effective and economical manner in order to achieve our ultimate goal namely, a transformed South African Police Service.
MILESTONE / TARGET: At least an annual 2% improvement in the Public Service Delivery Improvement Plan of the ICD is envisaged. RESOURCES REQUIRED: In line with the MTEF submission to National Treasury earlier in September 2001, a budgetary increase of at least R 5.2 million and R 5.7 million, added to the current baseline allocation of R28,2 million, for the forthcoming financial years: 2002/3 and 2003/4, will suffice to ensure that the set objectives are met. KEY RISK AREAS: In the event that fewer funds are made available, the ICD will not be able to perform its mandate, as prescribed and civilian oversight of the SAPS will be hampered. The ICDs ability to assist in the transformation of policing will be severely hampered. |
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