Documents

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Compliment towards a SAPS member by Ms Barton
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Compliment towards a SAPS member by Mrs Meintjies
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Compliment towards a SAPS member by Mr Moloto
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Compliment towards a SAPS member by Dr Tsalacopoulos
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Presentation to the Portfolio Committee
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Service Standards of the ICD
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Workshop between the ICD and CSVR
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CHAPTER 1 - INTRODUCTION

The Independent Complaints Directorate (ICD) has the statutory duty of ensuring that allegations of police misconduct are investigated effectively and efficiently. This it does by investigating certain categories of complaints itself and by supervising the investigations by the police of complaints referred by it to them. The ICD is under obligation to investigate police-related deaths in terms of its statutory mandate derived from Chapter 10 of the SAPS Act 68 of 1995. The deaths amount to approximately 750 per annum.

In addition to this primary function, the ICD seeks to reduce the levels of misconduct by researching and making recommendations aimed at addressing the underlying causes thereof.

The realisation that the ICD’s investigative capacity is greatly strained, as only a total of 45 investigators carry out this enormous responsibility, is an additional incentive to ensure that other avenues of resolving the problems besetting the ICD are explored.

Already the SAPS have adopted a new approach to dealing with the victims of sexual offences and have produced a new policy of conducting arrests, as a result of recommendations made by the ICD.

In comformity with the President’s speech during the opening of Parliament on 25 June, 1999, and in line with the mandate and statutory obligations of the ICD, this organisation will take up the challenge of the reconstruction and development of the moral fibre of our society for a common effort to build a winning nation.

Our aspirations in this regard are however frustrated by the static budgetary allocation of the three-year cycle and leaves us no room for physical development. We have embarked on the ICD White Paper process in order to set the policy framework for the ICD beyond 2000. The financial implications for policy implementation will only be known during the second quarter of 2000.

Already the ICD is on the verge of workshopping with the SAPS, the results of research conducted into police brutality. The research was commissioned in part as the result of a request made by National Commissioner Fivaz. Additional resources are needed to ensure that the recommendations flowing from the research are followed through effectively and efficiently.

The ICD has made contributions to the curricula for SAPS training programmes, especially in the area of human rights and disciplinary issues in order to include an awareness of the ICD and to further build on a human rights culture within the SAPS. It is exploring the possibility of sourcing officer survival training and training on alternative means of securing an arrest for SAPS members. We wish to give effect to the President’s commitment to improving the professional competence and effectiveness of the police service.

The ICD has also contributed to improving police-community relations by informally resolving complaints through mediation and other means. Mediation is also a strategy resorted to as a cost-cutting measure.

CHAPTER 2 - CORE BUSINESS OF THE ICD

2.1 COMPLAINTS REGISTRY

The categories of complaints which are dealt with by the ICD are the following:

• Class I: any death in police custody or as a result of police action.

• Class II : any matter referred by the Minister or Members of the Executive Council.

• Class III: any offence committed by a police member.

• Class IV: any act of misconduct, as defined in the SAPS Regulations including a contravention of the Code of Conduct.

• Class V: any matter falling beyond the scope of the ICD mandate – these matters are appropriately referred to relevant agencies.

2.1.1 STATISTICAL INFORMATION

In its first year of operation (i.e 1997/1998 ), the ICD received 1 999 complaints. In the second year the number of complaints increased by about 43%. This phenomenal increase occurred notwithstanding the fact that the ICD had deliberately maintained a low profile and had not fully marketed itself to all the relevant stakeholders. As at 31 March 1999, the ICD had, with its very short existence, already dealt with 4 873 complaints. The increases far exceed our initial projections.

As at 31 March 1999, the ICD had, in spite of lack of capacity, finalized 2 240 cases, which is about 46% of the total number of complaints received by the ICD. In about 28% of these cases various recommendations were made to the appropriate authorities, including recommendations that errant members be prosecuted for offences ranging from murder to common assault. As at 31 March 1999, we had about 30 successful prosecutions resulting in convictions ranging from assault to murder.

The highest number of increases have been experienced with respect to Class III and IV complaints.

2.1.2 CAPACITY

In virtually all the regional offices the Complaints Registry components are understaffed, resulting in an undesirable situation where members of the public have on occasion to wait for a considerable time before they can be attended to. This impacts negatively on our service delivery and public perception of the ICD.

2.1.3 MEDIATION

We are also embarking on Alternative Dispute Resolution mechanisms, such as mediation, as a cost-cutting measure. We have developed a policy which sets the parameters within which mediation should take place. This will hopefully reduce the workload of investigators and monitors, who will then devote their attention to more deserving cases. There is, however, an urgent need to train our personnel in these methods of resolving complaints, but we do not have sufficient funds in our present budget to embark on this project.

Although we have now created a computerized database which will in future make the compilation of statistical information less onerous than is the case at the present moment, not all offices are linked to the database. It is, however, envisaged that the remaining offices will be linked to the database in the 1999 / 2000 financial year.

As a case management system, the database will assist in the following aspects:

• supervisors will be able to allocate cases to supervisees;
• supervisors will be able to monitor the workload of supervisees;
• the transfer of cases to other regions or persons;
• the identification of repeat offenders.

2.1.5 ACCESSIBILITY AND COMMUNITY OUTREACH

One serious problem which the ICD has not been able to address because of budgetary constraints, is the question of accessibility. So far we have only been accessible to urban communities and our services have, for the most part, been out of the reach of the rural communities. This situation cannot be allowed to continue. We have forged partnerships with other institutions and NGO’s and some of these bodies are willing to assist the ICD by, for example, serving as in-take offices for complaints. This will considerably reduce the costs that we would have to incur in an attempt to reach out to the remotest and rural parts of our country.

It is a standard norm in international practice for bodies similar to the ICD to provide a toll free telephone service for the convenience of members of the public in order to enhance service delivery. We are not in a position to provide such a facility.

It is clear, in the light of the above that the present budget is inadequate to match the tasks and responsibilities that lie ahead of us in the coming years

2.1.6 OUTPUTS

Some of the major outputs are to:

• Register all new complaints within 24 hours of receipt thereof;
• Ensure proper classification of those cases received;
• Ensure that all class V cases are referred to appropriate agencies within 24 hours of receipt;
• Identify trends in the complaints received.

While we have a discretion whether to investigate class III and IV cases ourselves or to refer them to the police, and have indeed referred a substantial number of them back to the police, the latter option is not always a desirable one.

Firstly, one invariably finds that members of the public become upset and disillusioned once they are informed that their complaints are to be dealt with by the police. The reason for this is simple. By the time the majority of complainants approach our office, they would have already lost confidence in the ability of the police service to respond positively to their complaints and grievances.

Secondly, and perhaps more importantly, the present complaint systems in the SAPS have, in a number of respects, proved to be inadequate to satisfactorily address the kinds of complaints brought to the ICD by members of the public. It seems that we would have to direct our attention and efforts towards improving the public complaints system in the police service before we can confidently refer our complainants to the police. This is in itself an enormous task which would require sufficient personnel and other resources to accomplish.

2.2 INVESTIGATIONS

This component is responsible for ensuring that all complaints received by the ICD and allocated for active investigation, are indeed investigated efficiently and effectively.

2.2.1 CAPACITY

There are currently 45 investigators on the ICD establishment.

2.2.2 CASE LOAD

The caseload per investigator is on average approximately 30 cases.

2.2.3 COST PER INVESTIGATION

During the 1997 / 1998 financial year, approximately 1 200 cases were actively investigated by the ICD. An average of 75 hours was spent on each case as well as an average of 1 000 km travelled per case and thus a total cost of R 7050,00 per case.

The ICD’s average hours spent per case compares very favourably to other international oversight bodies. In one particular case in Canada, approximately 750 hours was spent thereon at a cost of approximately 28 000 Canadian dollars.

• To ensure timeous attendance at all crime scenes in a province;
• To ensure that preliminary investigations are conducted in all Class I cases;
• To ensure that investigations in all Class I cases are finalized within the maximum period of six (6) months;
• To ensure that investigations in all Class II and III cases are finalized within the maximum period of three (3) months;
• To ensure that all ICD investigators and fieldworkers receive appropriate and necessary training;
• To ensure that all ICD investigators have the necessary equipment to perform their functions efficiently and effectively;
• To enlist the services of specialists independent of the SAPS as far as possible to conduct post-mortems, ballistic and forensic tests;
• To identify, supervise and co-ordinate the development of Standard Operating Procedures (SOP’s);
• To develop and implement standardized uniform investigative guidelines and methodology so that all ICD offices operate on the same basis using the same documentation and procedures;
• To conduct a speedy preliminary investigation in order to assess whether there is unlawfulness / criminality / misconduct on the part of SAPS – where none is found, the case is referred back to SAPS and the ICD monitors progress.

The most immediate and pressing obstacle facing the ICD is a shortage of investigators. The ICD currently has a total of 45 investigators nationally. When one takes into account the number of deaths in custody and as a result of police action, which the ICD is obliged by statute to investigate, as well as the other categories of complaints which have increased such as corruption, escape from police cells and assault, which also require investigation by the ICD, it is not difficult to see that this number is insufficient and will have to be drastically increased in the coming years if the ICD is to give effect to its mandate and be effective.

The logistical problems facing ICD investigators when attending at the scenes of deaths in custody or as a result of police action and conducting meaningful, effective and efficient investigations become immediately apparent when taking into account the large areas that they have to cover. Although this problem is by no means confined to a specific province, the Northern Cape is a case in point where the furthest point from the recently established office in Kimberley, where the investigators are based, is

1 500 kms away. This problem, of having to cover vast areas, does not, however cease to exist once an investigation has been finalized. If the particular case proceeds to court, the investigator will, of necessity have to travel great distances to attend at the court hearings, which are often postponed.

2.2.6 COST-CUTTING ALTERNATIVES

The ICD realizes that to have its own infrastructure with regard to forensic, ballistic and pathological specialized services, will be a very costly exercise. Thus we rely on the SAPS in the fields of Forensic and Ballistic Investigation and the Department of Health in the field of post-mortem examinations.

In the Northern Province, the cost of accommodation for investigators who travelled to certain areas has been reduced due to negotiations with guesthouse owners, for example a reduction from R190,00 per night to R95,00.

Costs have been saved with regard to the services of independent specialists by securing the services of the Independent Medico Legal Unit which provides the services of independent forensic pathologists and other experts at no cost.

In provinces such as the Western Cape, the office has embarked on a case management system whereby complaints are attended to not on a piecemeal basis, but in clusters, specifically in outlying regions.

Our policy on Preliminary Investigation, which requires that such an initial investigation be conducted in all class I cases within a very short period of time has resulted in a saving for the ICD. In the aforesaid cases where no evidence of police involvement/ criminality / misconduct is found these cases are referred back to the SAPS for completion. The resultant saving has been that the number of hours spent on such cases has been reduced by almost half.

2.3 MONITORING

Most of the less serious offences and the misconduct cases are not actively investigated by the ICD, but referred back to the SAPS for them to investigate, whilst the ICD monitors the progress of these investigations. In executing this monitoring function, the ICD employs four (4) specific strategies, viz. post-investigation monitoring, monitoring, supervision and audit.

Post-investigation monitoring occurs after an ICD investigation, has been concluded and where recommendations are made to certain stakeholders. The implementation / non-implementation of these recommendations is monitored.

Monitoring per se entails the referral of certain cases back to the SAPS for them to actively investigate whilst the ICD monitors the progress thereof. This is a cost-cutting measure which allows our investigators to concentrate on the investigation of police-related deaths and serious offences, but also gives the SAPS the opportunity to improve on their service delivery standards.

Supervision involves the laying down of guidelines by the ICD as to how a particular investigation has to be conducted by the SAPS, after which ICD monitors same.

Audit function is a relatively new strategy which has not been implemented as yet. What this strategy entails is a methodology to monitor the SAPS complaints system, where the public complains to the SAPS directly.

2.3.1 OUTPUTS

Some of the major outputs are to:

• Monitor / supervise all cases referred to the SAPS for investigation;
• Ensure that cases subject to supervision and monitoring are followed up on a two-weekly basis;
• Ensure that complainants are informed of progress in their cases on a three-weekly basis;
• Ensure that a uniform procedure for monitoring / supervision is in place in all the provinces;
• Make recommendations to the SAPS and the Director for Public Prosecutions after ICD investigation / monitoring/ supervision of cases;
• Maintain a register of ICD recommendations.

In our larger offices (Kwa-Zulu Natal, Gauteng, Eastern Cape and Western Cape) there are 2 – 3 persons who are specifically tasked with the monitoring function.

In the smaller offices (Northern Province, Northern Cape and North West) there are no persons specifically tasked with monitoring. The investigators are obliged to perform the monitoring function as well.

On average the caseload per monitor is in the region of 275 cases.

2.3.3 MONITORING OF THE IMPLEMENTATION OF THE NEW DOMESTIC VIOLENCE ACT 116 OF 1998 (DVA)

In terms of this Act a police member is now obliged to inform a complainant of his / her rights when he / she reports an incident of domestic violence. Where a police member reneges on this duty and a complaint is received in this regard, the police member has to be prosecuted internally, unless the ICD directs otherwise. These complaints have to be reported to the ICD by the SAPS. In turn the ICD has to report to Parliament on a six-monthly basis as to the complaints received by the SAPS and itself, the particulars of same and how each complaint was actioned.

The implementation of this Act will place an additional burden on the budget in that :

• The ICD’s new responsibilities were not budgeted for since promulgation occurred without consultation with the ICD;
• The existing investigative / monitoring human resources will have an additional Key Performance Area. These officials are already overworked and therefore an additional 4 investigators / monitors are needed who will service two (2) regions each in order to fulfil this statutory obligation;
• The existing investigative / monitoring human resources have to be trained with regard to inter alia: the DVA / the standing orders, regulations of SAPS as they pertain to the DVA / standard operating procedure of the ICD in processing the complaints.
• Our President in his inaugural speech declared that: "Our days will remain forever haunted when frightening numbers of the women and children of our country fall victim to rape and other crimes of violence". We support the notion that violence against women is everyone’s problem.

2.4 DEVELOPMENT

Within the short period of its existence, the ICD has had to contend with a variety of problems, of which some continue to exist. Through interaction and discussions, it was realized that piece-meal efforts at solving some of the problems were not an ideal approach. Rather, a holistic approach is an appropriate manner to address some of the problems. It was thus felt that it is necessary to adopt a policy framework that will guide the organization in discharging its mandate.

The main purpose of developing a White Paper is to set out a policy framework to guide the ICD in its endeavours to contribute to the transformation of the police. The essence of the White Paper is therefore to spell out what role the ICD should perform in the whole process of transforming the police and improving law enforcement in the country.

The White Paper process has three phases:

Phase 1: Discussion Document
The Discussion Document provides an overview of the major issues on which policy is required. The aim is to generate critical discussion and to find possible solutions to the challenges among all stakeholders on the realities faced by the ICD.

Phase 2: Green Paper
The feedback and ideas from the above discussion, together with extensive research into the international and South African experience of law enforcement will be taken into account in formulating a Green Paper. The Green Paper will examine the issues in more detail and will provide possible policy options. There will be further discussions around the Green Paper as well as a Parliamentary hearing.

Phase 3: White Paper
The Minister will then publish a White Paper. This will be submitted for Cabinet approval prior to its publication in the Government Gazette. Further debate will then take place through parliamentary public hearings. The completed White Paper will provide the Policy framework for the ICD after the year 2000.

Currently, in an attempt to be proactive and not continuously reactive, the ICD is also focusing on developmental issues, for the purpose of highlighting root causes for certain police conduct.

The ICD has adopted as a national project, a research project titled "National Criteria for Exhibits" which has as its focus the reception, processing, storage and disposal of vehicles. Focus will be on current SAPS 13 camps, the laxity of security which facilitates the stripping of vehicles for their parts, the collusion of police members in the theft of such vehicles from SAPS 13 camps and recommendations on prevention of this kind of corruption and misconduct. This research has just begun and will be conducted on a national level because of the enormity of the problem countrywide. This would entail actual visits to SAPS 13 camps (primarily those which are currently at the source of corruption and misconduct), interviews with commissioners tasked with the supervision of these camps, liaison with the Provincial Secretariats and the National Commissioner, etc.

2.4.3 TRAINING

One further proactive initiative is the making of contributions to SAPS training programmes. We have reviewed training curricula for policemen, with specific focus on disciplinary issues, human rights and awareness of the role and function of the ICD vis a vis SAPS. These are some of our successful interventions:

• Technikon SA: provider of distance learning policing modules. We contributed an information document on the ICD for the training curricula;
• Human Rights and Policing training manual: in terms of this SAPS training initiative (funded by the Royal Danish Government), 2000 3-day workshops will be held nationally in order to train policemen in human rights. Substantial contribution was made by the ICD;
• Crime Intelligence Training Programme: training commenced in August 1999 at the Detective Academy. As part of the programme we offered ICD awareness training;
• Applied Law for Police officials: a new course to be offered by Technikon SA in the near future. We are preparing a contribution to their 459 page textbook;
• Bi-National Commission’s Subcommittee on Training: we are members of this sub-committee of which the proposed training programmes will be funded by the USA (either in the form of their experts or expenses for participants). The training is aimed at being inter-departmental (Justice, SAPS, Correctional Services, NIA, NIDS, SASS, ICD, Home Affairs);

Our new database will enable us to analyse trends with regard to police practices as well as recurring transgressions and making recommendations which would address same, at certain police stations or police units.

A short-term problem at this stage is training of all personnel who have to utilise this database.

CHAPTER 3 - ADMINISTRATION

3.1 ORGANISATIONAL STRUCTURE

Due to budgetary constraints, only 28% of the approved structure is filled and the result is that the ICD has not been able to establish itself fully in all nine provinces of the Republic. This impacts on the accessibility of all communities to the ICD. The biggest challenge facing this organization is to ensure that it carries out its mandate with very limited resources and in the spirit of the new Public Finance Management Act 1 of 1998.

The present structure has been filled in phases as follows:

Estimated Personnel Expenditure for the current filled posts R 16 279 219
Estimated Personnel Expenditure for 30 additional posts= R 3 341 791
Total Estimated Personnel Expenditure for 2000/2001 = R 19 621 010

3.2.1 TRAINING AND HUMAN RESOURCE EVELOPMENT

Up to now the ICD depends only on donor funds for the funding of line function development programmes.

The ICD has a Training Committee that determines policy and manages training activities of the Department. We have not been able to give this area (training & development) the necessary attention that it deserves in terms of funds allocation. The 1.5% of our salary account that we should put aside for training equalled about R240 000 of our initial budget. We had to weigh options here, whether to put aside for training or to open one or two additional offices in the provinces where we did not have a presence

At least two (2) Investigators are on standby per week in every office. 20 Investigators are on standby at any given time per week. At the present rate of R20,00 per day, we would need about R150 000 per annum to keep our Investigators on standby. Standby is a necessity for our operations because we need to respond to deaths in police custody and also a result of police action on a 24 hour basis. This is in line with SAPS who usually have a Duty officer and a Detective at every area on a 24 hour basis

3.2.3 DANGER PAY

In terms of Resolution No 3/1999 of the Collective Agreements, we are bound to pay Danger Allowance to our Investigators. With about 70 ICD staff members who are eligible for danger allowance at a monthly rate of R200,00 we would need about R168 000 per annum.

3.2.4 OVERTIME

At a rate of R500,00 per month for overtime, we had an amount of R45 000 on average per officer per year that we had to pay. For us to cope with the workload in all nine (9) provinces, we would need about R405 000. We haven’t been able to pay for overtime worked during the present financial year, but are now compelled (agreement) to pay at least R204 336,00 overtime to our investigators.

3.2.5 IMPACT OF CODE OF REMUNERATION (CORE)

The CORE provides that Departments can, on appointment or promotion of personnel, determine the minimum salary notch within a specific range to be awarded to an employee or potential employee on the basis of the following:

The Job Weight of a specific post;

The desired candidate for the post cannot be persuaded to accept the offer of employment on the basis of the minimum of the relevant salary range;

Recruitment problems due to e.g. higher market salaries;

The person to be appointed is in possession of specified skills, qualifications or competencies that add a higher value to the individual from the employer’s perspective;

To accommodate these new flexible arrangements, costs implications will always be a guiding factor and the ICD with its unique line function will have to have funds to retain and recruit personnel with the necessary skills.

Advantages: The greatest advantage of CORE is that it offers career pathing for all occupational categories by having created salary broad-bands. It also offers great autonomy to heads of Departments regarding appointment measures. The CORE gives a lot of room for mobility and the ICD will have to be in a position to retain and attract good skills by offering good salaries. More than 90% of ICD investigators are former SAPS members and we need to move away from that, but we need to structure our remuneration packages in such a way that we will be able to attract personnel of very high calibre since the CORE gives room for that. An average Investigator is at level 6 and we really cannot attract high skills. We need to place our Investigators at levels 8 and 9.

The Public Service Regulations that came into effect the 1^st July, 1999 requires Executing Authorities, through their Head of Department to develop departmental policies within the framework of the Regulations and other Legislation. This constitutes additional work over and above the normal daily work that the concerned officers must do and this compels them to work overtime. The sub-directorate HRM, a team of 8 will have to work overtime to the amount of 16hrs a week for 6 months. This will cost about R7 000,00. The PSR direct that before a vacant post is filled, such a post must be evaluated to determine its level.

The regulations also direct that post level 9 and upwards are mandatory for evaluation and Departments will have to have funds for those posts which may unexpectedly command higher grading.

3.3 LOGISTICAL SUPPORT

3.3.1 ACCOMMODATION

We have a National Office in Pretoria and Provincial offices in all but two (2) of the nine (9) provinces namely Free State and Mpumalanga. In these two (2) provinces the ICD is making use of accommodation from other State Departments. Due to severe budgetary constraints, these offices only serve as intake offices.

In order to obtain office space for the two new offices from April 2000 office space will have to be leased at a total cost of R 345 600 per annum. Such funds need to come from the ICD budget.

Should the allocation in terms of the MTEF not be adjusted, it would result in less funds being available for the ICD to perform its core function.

The National Intelligence Agency has set the guidelines for security specifications and it is expected of the ICD to comply, for example:

• ICD to be accommodated in stand-alone buildings – thus not sharing, which may be more cost effective.
• Certain security requirements to be implemented at great costs; access security; information storage, etc.

It is expected that for the next two financial years, the ICD will have to expend one million rand per year for the acquisition of suitable office space approved by NIA.

3.3.2 RESOURCES

3.3.2.1 VEHICLES

Currently the ICD has 26 official cars travelling an average of 3000 kilometres per month. Yet these vehicles are not enough since we have often found that investigators cannot perform their investigative functions because no cars are available. It has happened on many occasions that investigators placed on standby are investigating a death in custody when one of them has to leave to attend to another crime scene. More vehicles are urgently required to allow the 64 investigative and monitoring personnel the opportunity to perform their functions effectively and efficiently.

Currently investigators are still using investigative equipment purchased with funds from the 1997/1998 financial year. Not only is this equipment insufficient but some of it is also becoming outdated. (A set of investigative equipment includes forensic equipment and costs approximately R7 000 per set).

3.3.2.3 Y2K COMPLIANCE

The ICD has been in the fortunate position that as a fairly new department, it does not have the problems experienced by other older departments. All our PCs, fax machines, software, hardware, etc. have been tested for Y2K compliance. Only 6 computers were found to need adjustment.

A case management system is currently being developed with the assistance from IBM. The Y2K compliance on this system is not negotiable.

Since the case management system is not yet finalised the manual system of registration of cases is still in place. In the event that the date rollover poses any problems, both systems will be running concurrently and problems will be identified immediately.

3.4 MTEF ALLOCATION

The aim of the ICD is to investigate complaints of misconduct and offences allegedly committed by the members of the SAPS, and to propose reforms to reduce the incidence of behaviour giving rise to complaints. See MTEF inputs Annexure.

3.4.1 DESCRIPTION OF PROGRAMMES

Administration conducts the overall management of the ICD. It involves policy formulation by the Minister, Deputy Minister, Executive Director and other members of the Department’s management.

This programme investigates and / or monitors investigations of specified categories of complaints lodged against members of the SAPS. The programme is involved with the investigation of any death in police custody or as a result of police action, in terms of section 53 (2) of the South African Police Service Act, Act 68 of 1995. Any misconduct or offence allegedly committed by any member of the SAPS may also be investigated.

This programme receives and registers complaints form the community, the Minister and provincial members of the Executive Council for Safety and Security. After an investigation, recommendations are made to the DPP and to the SAPS. The programme also includes the monitoring of cases referred by the Directorate to the SAPS for them to investigate.

3.4.2 REPRIORITIZATION OF ACTIVITIES

The ICD is committed to playing an active role in assisting in the reduction of corruption within the criminal justice system. In addition to the above mentioned it is also one of our objectives to ensure that the public status of our policemen and policewomen is raised so that they are seen as the frontline guarantors of the fundamental human rights of liberty, life, safety and security. No elements of corruption should be present.

The activities of the ICD have been reprioritized to give effect to these commitments which are also in conformity with the President’s speech during the opening of Parliament.

3.4.3 CONSEQUENCES OF A 4% REDUCTION

The information contained in this document already indicates that should the ICD be able to fulfil its statutory obligation, it would need at least an increase of 20% of its current budget allocation in terms of the MTEF. This would mean an increase of approximately R5 million. If, however, there is no such increase in the budget, new offices would not be able to be opened in the two provinces; namely Mpumalanga and Free State. In addition, the organisation will not be able to effectively fulfill its statutory obligations, especially in terms of the DVA.

A reduction of 4% on the MTEF allocation could exacerbate the above scenario, which will result in a nett reduction of R 1 010 000.

Personnel expenditure represents 65,34% of the total budget of the ICD.

The ICD will be left with funding to the amount of R 7 737 000 to cover its equipment and operational expenditure. Already the ICD is finding it difficult to fulfil its obligations in terms of the Act, namely to investigate all deaths in police custody or as a result of police action.

Reduction would mean that the department must further scale down its investigations and compromise its mandate to investigate police related deaths.

A further compromise will have to be made in the execution of our statutory obligations in terms of the Domestic Violence Act.

CHAPTER 4 - CONCLUSION

In conclusion, it needs to be borne in mind that it is a well documented fact that investigations against police officers are inherently more difficult than ordinary investigations. The largely superior infrastructure at the hands of the police enabling them to have logistical sway over the ICD, and the critical area of the attitude of some members towards the ICD as well as inadequate resources at the disposal of the ICD, make it more difficult for the ICD in its efforts to contribute to the whole transformation process.

The effectiveness of the ICD in serving its legal mandate is being undermined in three crucial areas:

The lack of resources, especially personnel on the part of this organisation, leaves it unable to thoroughly investigate the rapidly increasing number of cases being brought to it;

The lack of a meaningful presence in Mpumalanga and Free State has made service delivery virtually impossible in these two provinces. Complainants have in effect, been denied access to recourse for abuses of their rights. Conducting investigations from neighbouring provinces has proved to be unworkable.

A compounding factor is that the mandate of the ICD has been expanded without there having been a corresponding increase in the allocation of funds. In terms of statute, the ICD must now also investigate complaints relating to municipal police services and complaints against SAPS relating to the Domestic Violence Act.

The ICD has no illusions about its statutory obligations and the responsibility it has towards the community. All it requires is the understanding of those who have the authority to do so, to extend some kind of comprehension of the enormity of the task in its path, and provide the necessary financial assistance to facilitate the transformation of the SAPS, so that the people may once again have confidence in a service they feel they can call their own.

Sadly, the incidence of police involvement in crime still persists. There are serious allegations of police involvement in shocking criminal activity. These allegations impact negatively on the credibility that the SAPS needs with the people it has to serve. It should therefore be an urgent goal of the police to address these incidences and perceptions. But this task cannot be left entirely in the hands of the police to investigate themselves. An intervention by a civilian oversight institution, in this case the ICD, is necessary.

It is the mission of the ICD to assist both the police and the community to achieve this goal and forge a partnership that will effectively combat crime in the streets for a better life in our young democracy.

The establishment and functioning of the ICD must be seen in a broader context of the transformation of the Police Service in South Africa. The effective and efficient investigation and recommendations, regarding alleged corruption, misconduct and death of civilians at the hands of the police, will enable the ICD to contribute:-

In the short term, to the efforts by government in restoring public and foreign investor confidence in that the question of police involvement in corruption and criminal activity is being addressed; and

In the long term, developing a culture of honesty, integrity and transparency within the institution of policing, thereby promoting mutual trust and credibility between the police and civil society;

Towards efforts, within the Police Service aimed at combating and preventing in a transparent and effective manner, the recurrence of corruption, misconduct and other incidents of alleged criminal activity;

Towards reducing the extent of civil litigation, arising out of complaints by civilians regarding misconduct against torture, death, corruption and other forms of criminal activity allegedly committed by members of the Service. Such civil claims against the Ministry of Safety and Security usually amount to thousands, even millions of rands.

In general terms, therefore, the mandate to investigate alleged police involvement in misconduct and/or criminal activity is not an end in itself, but a means to transformation of the police service to an institution which deserves and receives respect and support of the civil society.

To embark on this important mission, the ICD requires adequate resources. The criminal element within the police service is operating, in some respects, in a sophisticated manner. This requires better techniques of detection on the part of the ICD staff. Properly trained staff, ideally located for speedy interventions and adequately resourced for effectiveness and efficiency are necessary for the ICD to succeed.