Revision 1

1. PURPOSE. The purpose of this Standard Operating Procedure is to establish policies and procedures pertaining to the order in which investigative resources will be applied to investigate complaints received by the Independent Complaints Directorate (ICD).

2. POLICY. It is the policy of the ICD to:

1. Employ all Directorate resources in an effective and efficient manner;

2. Define complaints received by the ICD into categories determined by their respective level of criticality; and

3. Assign complaints to be investigated in sequential order, by category, in terms of their respective criticality on the basis of availability of investigative resources.

3. SCOPE OF THIS PROCEDURE. This Procedure applies to the assignment for investigation and investigation of all complaints by the ICD.

4. DEFINITIONS.

1. "Class I Complaint" - is one which alleges that a death occurred while a person was in police custody or as a result of police action.

2. "Class II Complaint" - is one which is referred to the ICD by the Minister or a provincial executive.

3. "Class III Complaint" - is one which alleges that a member committed an offence listed on ICD form 17 (annexed hereto, marked "Annexure 1"), or that serious bodily injury requiring in-patient hospital treatment which occurred while a person was in police custody or as a result of alleged police misconduct.

4. "Class IV Complaint" - is one which alleges that a member committed an offence other than those listed on Annexure 1 hereto or misconduct which did not result in either death or serious bodily injury to anyone.

5. "Class V Complaint" - A complaint outside the scope of mandate or policy of the ICD.

5. PROCEDURE. Complaints shall be assigned for investigation as follows:

1. Class I complaints shall normally be investigated by the ICD. All Class I complaints will be reviewed in terms hereof by the Executive Director or his or her nominee, for a final decision as to whether the ICD will initiate, take over, or continue with an investigation, or refer to and/ or monitor a SAPS investigation;
2. Class II complaints shall be investigated by the ICD subject to the direction of the Chief Director for Investigations in terms hereof. In the absence of sufficient investigative personnel, however, and after consultation with the Minister or provincial executive who referred the matter to the ICD, may, with the approval of the Executive Director, be referred to another investigative agency subject to close monitoring by the ICD;
3. Class III complaints may be investigated by the ICD or may be referred to the SAPS for investigation subject to monitoring by ICD, at the discretion of the Chief Director of Investigations or Regional Director, as the case may be, in accordance with any Directive or SOP that may be issued with regard thereto. In the absence of any such Directive or SOP, the following criteria shall be used as a guide;

• The nature of the injury(ies) sustained by the victim;
• The economic impact of the incident upon any and all persons including the victim;
• The scope of the alleged wrongful conduct in terms of prospective victims; or
• The national implications of or public interest in the incident.
• The capacity of the ICD to investigate the matter;
• The extent to which the conduct complained of illustrates a disregard for the law, an attitude of unaccontability and/or an abuse of trust or authority, on the part of the perpetrator.

4. Class IV complaints shall normally be referred by regional directors to the SAPS for investigations monitored by the ICD in accordance with conditions and guidelines established by the Executive Director, however, may, in the discretion of a regional director, depending upon all circumstances, be investigated by the ICD.
5. Class V complaints are under no circumstances to be investigated and, are in appropriate cases, to be referred to the other departments and institutions listed in Annexure 6 of SOP Number 3, annexed hereto as Annexure 2 of SOP Number 4.

6. ANNEXURES. The following annexures are supplied with and incorporated as part of this Standard Operating Procedure:

1. Annexure 1 - List of offences designated for assignment to Class III complaint category ie. Annexure 1 of SOP Number 3.
2. Annexure 2 - List of departments and institutions to whom Class V complaints are to be referred to ie. Annexure 6 of SOP Number 3.

7. EFFECTIVE DATE.

The effective date of Revision 1 of SOP number 4 is 1 May 1999.

 

Approved for Publication and Distribution.

 

 

 

----------------------------------                                                                                                                     --------------------

Neville Melville                                                                                                                                      Date
Executive Director
Independent Complaints Directorate_____________