CHAPTER 1 – BACKGROUND

BACKGROUND TO THE ESTABLISHMENT OF THE ICD

The Independent Complaints Directorate is a statutory body that was established to investigate and oversee the investigation of complaints against the members of the South African Police Service (SAPS). It is totally independent of the SAPS.

Provision for the creation of the ICD, an independent mechanism under civilian control, was made in Section 222 of the Interim Constitution (Act 200 of 1993) and in Chapter 10 of the South African Police Service Act (Act 68 of 1995).

The image of the police service in South Africa has been tarnished by the misconduct of a few of its members. It is unfortunate that the entire service has to pay the price of a negative image as there are actually extremely loyal and dedicated members of the police service who walk the extra mile to serve members of the public.

THE MANDATE OF THE ICD

The Independent Complaints Directorate (ICD) was established to perform the following functions :

1.1 Establish and maintain the ICD in a manner which is fully autonomous from any other governmental agency (Section 222 "Interim Constitution").

1.2 Exercise effective and efficient civilian control over the South African Police Service (SAPS) (Section 222, "Interim Constitution").

1.3 Ensure that all complaints alleging offences and misconduct by members of the South African Police Service, are investigated in an efficient and effective manner (Section 222, "Interim Constitution").

1.4 Ensure that misconduct committed by members of the SAPS does not go undetected (D. Basson : Text and Notes).

1.5 Develop public confidence with respect to the efforts of the SAPS and the ICD to prevent inappropriate police conduct (D. Basson : Text and Notes).

1.6 Assist in transforming the SAPS into a body that deserves and enjoys the respect and support of the community in preventing and combating crime.

THE MISSION OF THE ICD

To promote proper police conduct

THE VISION OF THE ICD

A transformed SAPS, consistent with the spirit and purport of the Constitution

STAKEHOLDERS OF THE ICD

Following from the mandate and vision of the ICD, hereunder are the key stakeholders of the organization :

The primary source of complaints, either as victims or witnesses. The public expects the ICD to conduct its operations in a very impartial and effective manner. This will facilitate the restoration of their trust and confidence in the police service.

The Minister will play a key role in the operation of the ICD as he plays part in certain personnel selection and empowerment and promulgation of operating procedures. The ICD must report to the Minister and may make recommendations to him regarding its own functioning and matters investigated. Provincial MEC’s for Safety and Security will also be key stakeholders.

4. The South African Police Service

The SAPS is a key stakeholder as the ICD will be assisting in its process of transformation, gaining public confidence and managing misconduct. It will also investigate those complaints referred to it by the ICD.

The ICD ultimately reports to Parliament; it may make recommendations to a member of the Executive Council. The Parliamentary sub-committee has the final say in the appointment of the Executive Director.

Directors of Public Prosecutions (national and provincial) are key stakeholders as all allegations relating to criminal activity must ultimately be referred to them. In the long run, the perceived effectiveness of the ICD will be determined, to a large extent, by the activities of the Office of the DPP’s.

NGOs are an essential source of complaints and this will assist in broadening the accessibility of the ICD to the public.

The press and the media in general are a very important tool in conveying information from the ICD to the public. The more successful the ICD is in the manner in which this information is brought to the attention of the public, will ultimately increase public confidence in the South African Police Service again.

REASON FOR THE PUBLICATION OF THE SERVICE STANDARDS DOCUMENT

In line with the White paper on public service delivery (Batho Pele), the Department of Public Service and Administration (DPSA) has requested each government department to produce a document wherein the organization commits itself to a particular standard of service.

This document, when finalized, must be made available by the organization to its employees and stakeholders. The document would need to be amended on a regular basis and amended versions would need to be publicized as broadly as possible.

CHAPTER 2 – INTRODUCTION

THE WAY FORWARD FOR THE ICD REGARDING THE SERVICE STANDARDS DOCUMENT

The members of senior management in Head Office met in June 1999, shortly after the ICD was informed by the DPSA of the need for a document on service standards. At this meeting, it was decided that in view of the fact that the document was to be ready by the end of July 1999, it was not possible to embark on a comprehensive exercise to obtain the information that would inform the service standards document on time.

As a result, it was agreed to conduct a survey of the opinion of our stakeholders regarding the ICD. This survey was restricted to the four major provinces in the country viz. Western Cape, Gauteng, Kwa-Zulu Natal and North West Province. A sub-committee was formed consisting of the following personnel :

1. Mrs Krishnee Kissoonduth – Deputy Director – Strategy and Policy Co-ordination
2. Mr Elias Valoyi – Deputy Director – Human Resource Management
3. Mr Tsoeu Ntsane – Deputy Director – Communication and Marketing Services

The sub-committee met to discuss a plan on how to accomplish the task. The instrument that was used to conduct the survey was compiled by Mr Ntsane and circulated to all members of senior management for comment. Thereafter, clear instructions regarding the completion of the survey were circulated by Mr Valoyi to the Regional Directors of the provincial offices mentioned above.

The Monitoring and Development component within the ICD was, simultaneously, conducting consultative workshops regarding the ICD white paper process in each province. At some of these workshops, the survey form was filled in by attendees and submitted to Head Office by the Chief Director, Mr Mike Kekana.

The responses that were received from each regional office were captured on computer by Mrs Kissoonduth. It is from this information that this particular document is now compiled.

A sample of the survey questionnaire that was used by the ICD to obtain the necessary information so that this particular document could be drafted is attached as an annexure.

SHORTCOMINGS OF THE SURVEY

1.1 Out of a total of 1125 responses that were captured, the number received per regional office are as follows :

1.1.1 Gauteng – 753
1.1.2 North West Province – 163
1.1.3 Western Cape – 86
1.1.4 Kwa-Zulu Natal – 57
1.1.5 Mpumalanga – 23
1.1.6 Eastern Cape – 22
1.1.7 Northern Province – 15
1.1.8 Kimberley – 6

1.2.1 From the above statistics, it is clear that the results of the survey are skewed and cannot be generalized to all provinces. This particular document will be updated on a regular basis. With no restriction on time in updating the document, it is envisaged that more information will be obtained from stakeholders in each province. This, in turn, will allow the sub-committee to compile a much more representative document in terms of responses per province.

1.2.2 It should also be noted that the results of the survey is not in any way representative of the population as a whole in respect of race, gender, income and lifestyle.

 

 

CHAPTER 3 – ANALYSIS OF THE SURVEY

1. ANALYSIS OF THE RESPONSES RECEIVED – GENERAL TRENDS

1.1 In the major provinces of South Africa, viz. Gauteng, Western Cape and Kwa-Zulu Natal, it would appear that the ICD has established a presence since 1997.

1.1.1 However, a definite and comprehensive marketing strategy is needed to increase awareness of the activities of the ICD throughout the country.

1.1.2 The urgent need for an ICD marketing strategy to target specific stakeholders was emphasized by attendees of the white paper workshops that were conducted throughout the country.

1.1.3 Since certain regional offices were opened more recently, it is perhaps understandable that the ICD is not very well known in certain provinces. However, this is not an excuse for non-awareness. Perhaps, this very fact should inject a sense of urgency into the exercise of increasing awareness of the ICD.

1.1.4 It is also noted that the marketing information that has been published by the ICD is not currently available in other official languages besides English.

1.2 From the responses received, it would appear that :

1.2.1 The majority of the responses that were received represented the views of members of the South African Police Service.

1.2.2 The newspaper is the most effective medium of informing the public of the activities of the ICD.

1.2.3 The current standard of service provided by the ICD is generally satisfactory to the extent that our customers will approach the ICD again for assistance.

1.2.4 There are areas where the ICD can improve its current standard of service viz. :

1.2.4.1 Being more professional in conducting its duties
1.2.4.2 Training its employees to conduct its responsibilities more effectively eg. in conducting an investigation
1.2.4.3 Involving the community in its mandate
1.2.4.4 Reporting to crime scenes immediately
1.2.4.5 The ICD should familiarize itself more with the work of the SAPS
1.2.4.6 Conducting thorough and well documented investigations
1.2.4.7 Be transparent, fair, objective and unbiased in conducting official duties
1.2.4.8 The ICD should include initiatives that will highlight the work of SAPS members who walk the extra mile in conducting their duties
1.2.4.9 Written communication to complainants on the progress of their particular case
1.2.4.10 Being more accessible to stakeholders. This would include having a presence in each province and publishing sufficient information about the ICD in the most frequently used medium and in the official languages of the country

1.2.5 The majority of the responses that were received were of the view that the ICD was established for a good cause.

1.2.6 the view is neutral regarding the question of whether the mandate of the ICD should be widened. If it were to be widened, the ICD should

1.2.6.1 Replace the internal disciplinary committee within the SAPS. All complaints against members of the SAPS should be investigated solely by the ICD.
1.2.6.2 Investigate all forms of corruption within any governmental organization

1.2.7 From the responses that were received in the Western Cape to questions 1, 7 and 19 of the survey, the following conclusions can be drawn :

1.2.7.1 52% of the responses that were received represented the views of members of the SAPS
1.2.7.2 80% of the responses were either of the opinion that the ICD has a hidden agenda when investigating members of the SAPS or that the ICD was established to destroy public confidence in the SAPS
1.2.7.3 42% of the responses indicated that the mandate of the ICD should be widened

1.2.8 At the time that the survey was being conducted, the Western Cape ICD office was investigating a very controversial case. The reader of this document should bear in mind that it is possible that the radical responses received from this particular province may have been influenced by the said case.

 

 

CHAPTER 4 – SERVICE STANDARDS

THE CURRENT STANDARD OF SERVICE OFFERED BY THE ICD

1. The personnel of the ICD are generally :

1.1 Friendly
1.2 Helpful
1.3 Professional
1.4 Humble
1.5 Efficient
1.6 Effective
1.7 Objective
1.8 Providing prompt service
1.9 Punctual
1.10 Disciplined
1.11 Co-operative
1.12 Willing to listen
1.13 Approachable
1.14 Patient
1.15 Responding to scenes of crimes as soon as possible
1.16 Unbiased

1. The responsibilities of the ICD have increased over the last 2-years, yet there has not been a significant increase in the financial amount allocated to the organization. This fact has far reaching implications for the organization in terms of fulfilling its mandate.

1.1. For financial reasons, the ICD is unable to employ the number of staff that it would require to effectively accomplish every goal that it has set itself. The organization is currently operating on a quarter of the personnel structure recommended by the Department of Public Service and Administration.

1.2. It is also difficult to purchase the necessary resources that would empower employees to provide a better standard of service to our stakeholders although training needs may be identified within the organization, the needs per individual or group must be prioritized to enable more urgent training needs to be met. In prioritizing, the needs of the organization must first be taken into account.

1.3 A lack of resources has prevented the ICD from establishing a presence in each province sooner. There is a definite need to reach out to rural communities. This may be possible through regular workshops and clinics in the appropriate areas throughout the country.

1.4 Compulsory payments to employees such as the payment of danger pay and standby allowances had to be temporarily stopped until sufficient finance could be secured. This, no doubt, has affected the morale of those personnel to whom such allowances are due.

2. The lack of a career path within the organization has resulted in certain ICD members leaving the organization for better career opportunities.

3. The lines of communication between senior management and ICD employees need to be improved.

4. For a variety of reasons, some of which are beyond the control of the organization, the morale of ICD employees is generally low. Senior management must find innovative and cost effective ways of increasing the morale of ICD personnel.

5. The example that is set by members of senior management in conducting their professional duties must be beyond reproach if this is to positively influence the standard of service offered by ICD employees in general.

THE IDEAL STANDARD OF SERVICE

The ideal standard of service, which the organization commits itself to, can be described in the following manner :

1. Employees of the ICD being polite, helpful, respectful and courteous to their colleagues within the organization before this is expected of them towards external members.

2. A concerted effort by every member of the ICD to assist a complainant. Should a complainant have approached the incorrect person or organization, the incumbent should be referred to the correct ICD employee or department respectively and never be turned away from the organization.

3. Not all complainants that approach the ICD speak English fluently. ICD personnel that work in Complaints Registry and who interface with complainants on a daily basis must be patient and tactful with complainants in extracting as much useful information as possible.

4. Information that is provided by complainants is confidential and must be treated in such a manner by ICD employees.

5. Irrespective of the length of time that it takes to finalize an investigation, the complainant must be regularly informed in writing of the progress of the investigation.

6. Matters that are referred to the ICD by the Minister for Safety and Security must be investigated with the same amount of zeal as any other matter referred to the ICD. The Minister must also be informed on a regular basis on the progress of the referred matter.

7. In spite of the financial constraints that face the organization, an effort must be made to publish informative literature about the ICD in the official languages of the country.

7.1 This information must be distributed to all regional offices and made accessible to our daily customers.

7.2 Awareness of the ICD can also be increased through articles and advertisements in the relevant publications and media

7.3 The Communications sub-directorate must have a well-thought through strategic plan of working with limited resources and reaching the most remote of places in the country in marketing the organization

8. The qualities of an ideal manager were discussed and agreed upon at the strategic planning workshop that was held in March 1999 in the Western Cape. Members of senior management within the ICD must be seen to be striving to possess every quality as agreed upon before such a member can expect such qualities of their fellow colleagues. The ideal manager :

8.1 Possesses good communication skills
8.2 Is a good listener
8.3 Is very creative
8.4 Manages diversity well
8.5 Handles conflict situations with tact and discretion
8.6 Has a good knowledge of the ICD and government structures
8.7 Believes in and practises participative management
8.8 Is computer literate
8.9 Looks for opportunities for staff to be empowered
8.10 Leads by example
8.11 Is educated and experienced in management practises
8.13 Involves herself / himself in continuous research to keep informed about the latest developments in different areas of interest
8.14 Appreciates the cultural values of life and those in others as well
8.15 Believes in and practises the principles of truth, accountability and transformation
8.16 Participates in management courses to convert areas of weakness into strengths
8.17 Manages his/her time very effectively
8.18 A good manager is very accessible and approachable

9 The qualities of the ideal employee were also discussed and agreed upon at the strategic planning workshop in the Western Cape. Every ICD member must strive to possess such qualities. To achieve this goal, A1 size posters were printed of this information. These posters have been pinned up in areas within the organization that are most frequented by ICD personnel. The ideal employee is :

9.1 Culturally tolerant – Valuing diversity
9.2 Trustful
9.3 A good listener
9.4 Accountable
9.5 Fair
9.6 Friendly
9.7 Loyal
9.8 Accessible
9.9 Flexible
9.10 Honest
9.11 Willing to learn from and teach others
9.12 Undergoes training to improve skills
9.13 Treating others as you would want others to treat you
9.14 Impeccable moral character

10 In spite of the distance between a regional office and a possible crime scene, ICD investigators must make a concerted effort to reach a crime scene as soon as possible to avoid evidence being tampered with and to enable them to conduct a thorough investigation

11 ICD investigators must base any conclusions that they might come to on proof obtained through proper and legal investigations. Prior to obtaining the necessary proof, it is advisable not to publicize accusations against members of the SAPS.

12 The ICD must be mindful of who its customers are and provide service in the manner in which the customers prefer to receive it.

13. In conducting investigations and official duties, ICD employees must be beyond reproach. In particular, an ICD employee must never be seen to be conducting his/her duties by discriminating on the basis of race, gender or creed.

14. Political affiliations must not determine the manner in which a complaint is investigated.

15. When the situation calls for such behaviour, ICD personnel must remain neutral.

16. Whenever any external person walks into any one of the ICD offices, they should be able to sense that the ICD is organized in its activities. To accomplish this, each employee would need to ensure that he/she has an organized approach to his/her responsibilities.

17. It is inevitable that employees of the ICD would require training to fulfill their tasks better. Financial constraints limit the organization in this particular aspect. However, it is still possible to allocate some finance for training and to find creative ways of ensuring that employees are sufficiently trained to provide a satisfactory standard of service.

18. Communities possess much talent in assisting the ICD to perform its duties more effectively. The organization must exploit the potential of communities in providing a higher standard of service.

19. It is in the interest of the ICD to familiarize itself with the work of the SAPS and the conditions under which the SAPS members work. Research initiatives must be undertaken by the ICD to become more acquainted with the work of the police service as this will impact on the standard of service that the organization has to offer.

20. An instrument to assess the standard of service being provided by the ICD must be implemented on a regular basis. The results of this survey must :

20.1 serve to update this particular document, which in turn must be made available to all our stakeholders

20.2 cause senior management members to investigate possible reasons for a negative response from stakeholders

20.3 cause senior management to implement changes that will increase the standard of service that the organization has to offer

21. The ICD must always be seen to be proactively approaching a particular task and not merely reacting to it.

22. Information that will increase the confidence of the public in the police service and in the ICD itself must be publicized as and when it becomes available.

23. Should at any time, the offices of the ICD be closed, a message must be left on the answering machine of the switchboard informing callers of the reason for non-availability and when service will resume.

24. The contact details of ICD offices and standby personnel must be updated when necessary and the correct information must be publicized as broadly and strategically as possible.

CHAPTER 5 – CONCLUSION

The ICD believes that it has made a great effort in establishing itself as a significant role-player in the transformation of the South African Police Service during its second year of operation. The successes it has achieved need to be considered in the light of the fact that the ICD is still devoting much of its energies to establishment activities, such as the acquisition of accommodation and equipment, recruitment and training of staff and the marketing of the organization to role-players.

With the increase to the ICD’s responsibilities in terms of the Domestic Violence Act of 1998 and the draft regulations relating to the Municipal Police Services, together with the increase in the level of complaints to it following its increased publicity profile, there is a danger that the ICD will be swamped and rendered ineffectual.

While the organization is committed to the ideal standard of service, it would be appreciated if the readers of this document would take note that the under-resourcing of the ICD is preventing it from capitalizing on its good start. To fulfil its mandate fully, it would require at least four times its present budget allocation.

The ICD does acknowledge that there are shortfalls within the organization. However, it does commit itself to rectifying such areas and improving on its current standard of service.

It is envisaged that in the future and with more time available, the ICD will conduct more comprehensive surveys to obtain the opinion of stakeholders regarding the standard of service provided by the ICD.

As this particular document is updated, it will be made available :

• To the employees of the Independent Complaints Directorate
• To all stakeholders of the organization
• On the web-site of the ICD. The address of the web-site is http://www.icd.gov.za.
• To the Department of Public Service and Administration

CHAPTER 6 –ACKNOWLEDGEMENTS

The ICD wishes to acknowledge the contributions of the following individuals in making the compilation of this document possible :

1. The ICD service standards committee

1.1 Mrs Krishnee Kissoonduth – Deputy Director – Strategy and Policy Co-ordination

1.1.1 For driving the process of compiling this document
1.1.2 For summarizing the written responses received from regional offices
1.1.3 For computerizing the 1125 responses received
1.1.4 For compiling this particular document
1.1.5 For incorporating the amendments received from members of senior management into this document
1.1.6 For producing the first edition of the service standards document for the ICD

1.2 Mr Elias Valoyi – Deputy Director – Human Resource Management

1.2.1 For circulating the survey questionnaire to regional offices of the ICD
1.2.2 For summarizing the written responses received from regional offices

1.3 Mr Tsoeu Ntsane – Deputy Director – Communication and Marketing Services

1.3.1 For drafting the survey instrument, circulating it for comment and producing an amended and finalized questionnaire
1.3.2 For summarizing the written responses received from regional offices

2. All Regional Heads of ICD offices, in particular, the Regional Head – Gauteng, Mr Shadrack Mahlangu. In view of the limited time that this particular document had to be finalized in, an overwhelming response was received from the Gauteng office, which has lent credibility to the compilation of the first edition of this particular document.

3. Mr Mike Kekana for the distribution of the survey questionnaire at the white paper workshops and for ensuring that those completed questionnaires were collected and handed in at Head Office.

4. Mr Steve Mabona – A contract worker in the Communications sub-directorate of the ICD (Head Office) who assisted a great deal in summarizing the written responses of a particular region.

5. Neels Celliers – A messenger employed by the Directorate - Administration, who assisted in distributing the questionaire to police stations in Gauteng and collecting the responses on the due date.

6. All remaining senior management committee members – For their constructive inputs towards this document