IPID & CSPS 2021/22 Annual Performance Plans; with Minister and Deputy Minister

Meeting report

The Chairperson convened the virtual meeting and welcomed Members and the delegations from the Ministry of Police, the Civilian Secretariat Police Services (CSPS) and the Independent Police Investigative Directorate (IPID). No apologies were tendered by Members.

The purpose of the meeting was for the Committee to be briefed by the CSPS and the IPID on its Annual Performance Plans (APPS) and Budgets for the 2021/22 financial year.  The ministerial delegation included General Bheki Cele (Minister of Police) and Mr Cassel Mathale (Deputy Minister of Police). The delegation from the IPID consisted of Mr Matthews Sesoko (Chief Director: Investigations and Information Management).

The delegation from the CSPS consisted of Mr Alvin Rapea (Secretary for Police Services), Mr Benjamin Ntuli (Chief Director: Intersectoral Coordination and Strategic Partnerships), Mr Bilkis Omar (Chief Director: Policy Development and Research), Adv Dawn Bell (Chief Director: Legislation), Mr Takalani Ramaru (Chief Director: Monitoring and Evaluation), Mr Tumelo Nkojoana (Chief Financial Officer), and Ms Dipsy Wechoemang (Chief Director: Corporate Services).

The Chairperson stated that it was the mandate of the National Council of Provinces (NCOP) to ensure that provincial interests are taken into account at the national level. As such, the Committee requested the entities to tailor the presentations to address the provincial budget allocations, the monitoring of domestic violence, the impact of the COVID-19 pandemic on resources, the monitoring of misconduct in the South African Police Services (SAPS), the responses to gender-based violence and femicide, and to provide Members with an update of the functionalities of the community police forums. The Committee noted that the Department of Police was working under difficult circumstances during the COVID-19 pandemic and within the economic crisis that the country is exposed to however the entities are expected to address these challenges.

Opening remarks by the Ministry of Police

Minister Cele thanked the Committee for providing the opportunity for the CSPS and the IPID to brief Members on the APPs and budgets for the respective entities.

Deputy Minister Mathale noted that there were court challenges around the appointment of the Executive Director as brought by the Helen Suzman Foundation. He mentioned that the Department of Police was currently submitting its responding affidavit to court. He added that it was crucial that the two entities (CSPS and IPID) communicate with the Committee, as the NCOP is a platform where provinces and local municipalities get to interact with the politics going on in the country. He endorsed the provincial-centred approach.

Briefing by the CSPS on its APP and Budget (2021/22 financial year)

The Committee was briefed by the CSPS on its APP and Budget for the 2021/22 financial year. Mr Alvin Rapea, Secretary for Police Services, presented the briefing to Members.

Introduction and overview of the Budget for the 2021/22 financial year

The CSPS is a constitutional body established in terms of Section 208 of the Constitution, to function under the direction of the Cabinet member responsible for policing. The CSPS is mandated to exercise transversal civilian oversight on matters relating to, amongst others, the governance, service delivery, performance, and resourcing of the SAPS. The entity fulfils this mandate by providing strategic policy advice to the Minister of Police with respect to the development, implementation and review of policing and safety policies, providing credible, evidenced based research that informs decision-making; exercising civilian oversight over the Police Service through monitoring and evaluating overall police performance against planned programmes; mobilising role-players, strengthening partnerships and cooperation between key stakeholders in order to enhance police service delivery and encourage strategic dialogue on safety and security and by providing additional support services to the Minister of Police in pursuit of achieving their mandate.

For the Medium-Term Expenditure Framework (MTEF) period, the budget for the CSPS for the 2021/22 financial year was estimated at R148.96 million allocated as follows: administration (R66.49 million), inter-sectoral coordination and strategic partnerships (R25.69 million), legislation and policy development (R23.22 million), and for civilian oversight, monitoring and evaluation (R33.56 million). Per economic classification, the budget allocation was outlined as follows: the compensation of employees (R103.84 million), goods and services (R43.09 million), interest and rent on land (no allocation), transfers and subsidies (R210 000), the purchase of capital assets (R1.92 million), and the payments for financial assets (no allocation). These allocations are set to increase slightly during the 2022/23 and 2023/24 financial years.

Strategic focus and key achievements from the 2020/21 financial year

The Department of Police’s strategic focus for the financial year and over the medium term includes:

• Addressing the lack of trust in the police and improving police service delivery
• The need for a localised approach to address crime concerns
• Targeted implementation of the Provincial and Local Crime Prevention Frameworks and District Action Plans, in line with the District Development Model (the DDM)
• The implementation of the 2016 White Paper on Safety and Security
• Beefing up detective services and forensics, as well as facilitating the modernisation of SAPS through an e-Policing Policy
• The implementation of an Integrated Crime and Violence Prevention Strategy (the ICVPS)
• Implementation of the Partnership Strategy and Framework which seeks to mobilise key role-players and harness the social capital in communities by facilitating greater involvement of various community safety structures in the fight against crime.

Despite the challenges brought about by the impact of the COVID-19 pandemic, the Department of Police remained committed to business continuity and performance demonstrated by the number of achievements in terms of its predetermined objectives. Amongst these key achievements include the following:

• The development and approval of the Recruitment, Selection and Retention Strategy, the Change Management Strategy, and the Operations Management Framework
• Anti-crime campaigns conducted as a pro-active approach to the current situation on crime and gender-based violence in the country, and in support of government regulations in the fight against the COVID-19 pandemic
• Capacity-building sessions conducted with all provinces on the Detectives Services project
• Report on DVA compliance monitoring was produced and community awareness campaigns conducted in seven provinces in order to increase community awareness on the role of the CSPS in monitoring DVA implementation and the responsibilities of the SAPS
• Research briefs produced on trends analysis of SAPS’ assault and torture discipline cases; five-year trends analysis of trio crimes; and SAPS’ discipline management related to misconduct cases of lost or stolen state firearms
• The South African Police Service Amendment Bill was published in the Gazette for public comments.

It was reported that if the Department of Police where to achieve the envisaged impact over the MTEF period to build safer communities, adequate responses to various factors contributing to the performance of policy need to be implemented. The key national outcome is to realign the Department of Police’s policy orientation and strategic research focus to contribute towards the priority of halving violent crimes within five years, linked to the outcome of improved safety and security for citizens. In addition, there is a need to enhance the role of oversight in contributing to resolution of burning issues in the country, and to focus on tangible ways to strengthen the SAPS’ service delivery and enable the SAPS to become more effective. This includes determining how the CSPS will implement, promote, and align its national and provincial operations in this regard, and ensuring that the entity aligns with other national frameworks. Institutional reform for the CSPS must be fully implemented, as proposed by the 2016 White Paper on Policing.

Performance indicators outlined in the APP

The APP of the CSPS outlined 27 targets for the 2021/22 financial year across its four programmes including Programme no. 1 (Administration) with six annual targets, Programme no. 2 (Inter-sectoral Coordination and Strategic Partnerships) with six annual targets, Programme no. 3 (Legislation and Policy Development) with four annual targets, and Programme no. 4 (Civilian Oversight, Monitoring, and Evaluation) with ten annual targets. The CSPS outlined the performance indicators for its institutional programmes as follows:

• For Programme no. 1 (Administration), it was reported that the purpose of the programme was to provide strategic leadership, management, and support services to the Department of Police. This programme consists out of three sub-programmes including Departmental Management, Corporate Services, and Financial Administration. The outcome involves ensuring a transformed and accountable police service through the achievement of the following outputs: reports and minutes of meetings upheld, monthly reports on vacancies, quarterly progress reports, creditors’ age analysis reports, and expenditure reports.
• For Programme no. 2 (Inter-sectoral Coordination and Strategic Partnerships), it was reported that the purpose of the programme was to manage and encourage national dialogue on community safety and crime prevention. This programme consists out of two sub-programmes including Intergovernmental, Civil Society, and Public-Private Partnerships, and Community Outreach. The outcomes involve ensuring improved collaboration, coordination and integration on safety, crime, and violence prevention with the three spheres of government and ensuring improved community participation in the fight against crime. This is sought to be achieved through signed MOUs, workshop reports, campaign reports, the assessment reports from community policing forums, and public participation program reports.
• For Programme no. 3 (Legislation and Policy Development), it was reported that the purpose of the programme was to develop policy and legislation for the police sector and conduct research on policing and crime. This programme consists out of two sub-programmes including Policy Development and Research, and Legislation Development. The outcomes involve ensuring a transformed and accountable police service and ensuring improved community participation in the fight against crime. This is sought to be achieved through approved policies on policing and safety, published newsletters in the SaferSpaces Gazette, and the proposal of reforms to legislation to strengthen the SAPS.
• For Programme no. 4 (Civilian Oversight, Monitoring, and Evaluation), it was reported that the purpose of the programme was to oversee, monitor and report on the performance of the SAPS. This programme consists out of two sub-programmes including Police Performance, Conduct, and Compliance Monitoring, and Policy and Programme Evaluations. The outcome involves ensuring a transformed and accountable police service through the achievement of the following outputs: approved oversight reports, approved budget of the SAPS and programme performance assessment reports and complaint management, approved evaluation reports on legislation and policies.

Responses to the Committee’s specific questions

Section 16 of the Civilian Secretariat for Police Services Act 2 of 2011 (CSPS Act), gives provision for the establishment of Provincial Secretariats to support and align their mandate with the mandate of the CSPS. The Provincial Secretariats are established by the MECs for Community Safety in the various provinces and fall within the provincial departments of Community Safety to which they are accountable. To support the operations of the CSPS at a provincial level, the Provincial Secretariats must align their plans and operations with that of the CSPS and integrate their strategies and systems at the provincial sphere of government. Departments that have not yet established Provincial Secretariats have a Chief Directorate, with a dedicated budget, which performs the operations aligned to the mandate of the CSPS. In supporting the mandate of the CSPS, Provincial Secretariats must carry out police station oversight visits to monitor police performance, monitor police conduct and investigate complaints against the police, conduct research on policing and safety issues, conduct crime prevention initiatives, and facilitate strengthening of community police relations.

Regarding the provincial budget allocations, it was reported that for the 2021/22 financial year, the Provincial Secretariats have received budget allocations as follows: the Eastern Cape has been allocated R 45.24 million, the Free State has been allocated R 23.98 million, Gauteng has been allocated R 32.94 million, KwaZulu-Natal has been allocated R 129.34 million, Limpopo has been allocated R 62.91 million, Mpumalanga has been allocated R 18.38 million, the Northern Cape has been allocated R 30.99 million, the North West has been allocated R 48.15 million, and the Western Cape has been allocated R 90.33 million.

On the issue of monitoring DVA compliance, the CSPS together with the Provincial Secretariats conducts quality assessments on DVA compliance and identify problem areas for intervention in order to improve the service rendered by the SAPS. During the 2018/19 financial year, the CSPS and Provincial Secretariats undertook a census and collected data from all 1 143 police stations, and this will be carried out every five years. The census data collected is continuously used as comprehensive baseline data for further monitoring of compliance by police stations. In between the census, police station monitoring is focused on specific police stations with low compliance, with the aim of assisting these police stations to improve their performance by monitoring implementation of recommendations and developing improvement plans. During this period, each Provincial Secretariat selects 25% of police stations, which includes police stations in the top 30 high gender-based violence areas. The focus of monitoring is on development of improvement plans to improve compliance and the monitoring management of non-compliance by police station management. Based on the 2018/19 census the compliance levels of the 1 143 police stations nationally are presented as follows: 21 were found to be in full compliance, 929 were found to be significantly compliant, 181 were found to be partially in compliance, while 12 police stations were found to lack compliance entirely.

The impact of the COVID-19 pandemic had the effect that the CSPS and all provinces were affected by budget cuts, which also impacted on the ability to conduct all planned oversight visits. The lockdown restrictions and the guidelines by the Department of Public Services and Administration, having to reduce the number of employees at the workplace to 50%, exacerbated the slow pace of recruitment and filling of vacancies within the CSPS. There was no serious negative impact on resources as a result of the COVID-19 pandemic however some provinces (such as the Northern Cape, Mpumalanga, the Free State, the North West, and the Western Cape) have insufficient resources within their monitoring and evaluation units. Unavailability of funds is the major contributing factor that negatively impacts on the inability of Provincial Secretariats to increase its human capacities. As physical access became more restricted during the different levels of lockdown, some of the planned monitoring activities to conduct oversight to police stations on the implementation of DVA were put on hold. To ensure work still being continued, virtual methods of interacting with the police were used and a limited number of visits were conducted by Provincial Secretariats with adherence to Disaster Management regulations on the COVID-19 pandemic.

In terms of section 30 the Independent Police Investigative Directorate Act 1 of 2011 (the IPID Act), the SAPS is required to initiate disciplinary proceedings within 30 days of receiving recommendations made by IPID. Both the IPID and the SAPS submit information monthly to the CSPS on recommendations made and progress on implementation. In order to monitor implementation of these recommendations and follow up on non-implementation by SAPS, the CSPS established the IPID’s Recommendations Compliance Forum which meets monthly and is attended by the SAPS and the IPID. The Recommendations Compliance Forum, which is replicated in provinces, also looks at the discrepancies on implementation statistics between the SAPS and the IPID. In addition, the CSPS and the IPID have established a Consultative Forum which meets quarterly and is chaired by the Secretary of Police and the IPID’s Executive Director. Amongst others, this forum discusses the initiation of disciplinary actions by the SAPS as recommended by the IPID and when necessary, the SAPS is invited to the meeting to account on non-implementation of recommendations. On a regular basis, the CSPS conducts oversight visits to the Provincial Offices to interact with all stakeholders involved and follow up on implementation challenges. Finally, the CSPS provides consolidated reports on the status of implementation and further makes recommendations to address any challenges identified. The status of the SAPS’ compliance with implementation of the IPID’s recommendations between April 2020 and March 2021 is as follows: During this period, a total of 706 recommendations were made by the IPID, and in 640 of these, the SAPS complied with institution of disciplinary proceedings. The reasons for the non-implementation of recommendations were cited as including that members acted within their scope, that witnesses withdrew their statements, and that there was insufficient evidence in some areas.

Regarding the strategy to reduce civil claims against the police, it was reported that the CSPS has conducted studies to assess critical trends in relation to civil claims and to identify areas that require attention of the management of the SAPS. The studies were able to identify the main causes of civil claims, amount spent by the SAPS on civil claims, top police stations contributing to most claims, and predominant law firms that carry out these claims. Arising from these studies recommendations were made to the SAPS on how management of civil claims against the police can be improved. Subsequently, the SAPS is currently in the process of implementing the following: legal services have started to recover losses as a result of gross negligence, the strategy on civil claims and litigation has been developed with clear standardised indicators and targets, preliminary investigations on letters of demand are conducted before seeking for legal opinion; and Standard Operating Procedures for managing backlog on civil litigation have been developed. The CSPS will continue to monitor the SAPS’ management of litigation and implementation of the above processes.

Regarding gender-based violence and femicide programmes, it was reported that the budget of the CSPS and Provincial Secretariats have catered for these programmes as part of funds allocated for monitoring and evaluation, and crime prevention campaigns. The Department of Police will continue to work with institutions of higher learning and TVET colleges to implement programmes to deal with Campus Safety for Students through collaborations with various stakeholders.

It was reported that through the assessment of the forensic service laboratories’ effectiveness, the CSPS identified some challenges and has been monitoring progress in relation to addressing the challenges. Procurement processes to address causes of backlog are in progress. The contract for analysis kits has been awarded, however validation and training need to happen before the kits can be used. The SAPS received approval for deviation of R4 million for the procurement of analysis kits on quotation and it is envisaged that the kits bought will last for 3 months which is the period allocated for validation of the kits procured on tender. A tender for procurement of buccal sample collection kits was awarded in late 2019 and collection of buccal samples is in progress by detectives. Analysis of buccal samples is, however, still limited because procurement processes are still in progress. The Forensic Exhibit Management (the FEM) system has been developed and was deployed on 06 April 2021. The system still has a few teething problems which are being addressed by the Technology Management System (TMS) Division and State Information Technology Agency (the SITA). The FEM-system is currently used by for case registration while gradually introducing it to the other processes. Data that was on PCEM has been transferred to the FEM-system. Information of between 8 million and 10 million cases or exhibits has been retrieved and is now stored on the FEM-system.

The CSPS developed policies which were approved in 2011 and 2018 respectively as the policies that serve to guide the SAPS in their operations and towards crowd management. Furthermore, the CSPS undertook studies on demilitarisation of the SAPS Tactical Response Teams and Public Order Police Units, as well as Visible Policing subsequent to the Marikana incident. The recommendations of these studies were handed over to the SAPS for implementation. Regarding the functionalities of community policing forums (the CPF), it was reported that there are 1 159 CPF structures established in 1 160 police stations, with one police station in the North West not having established the required CPF. By the third quarter of the previous financial year, 250 CPFs were assessed, and there were no assessments carried out for the Eastern Cape, KwaZulu-Natal, and the North West. From these assessments, there were 11 CPFs that were found to be non-functional (one in the Free State, three in Gauteng, one in Limpopo, five in Mpumalanga, and one in the Northern Cape).

Discussion

Mr G Michalakis (DA, Free State) stated that the budget cuts of the Department of Police were understandable as all other departments were also facing the problem. He asked for clarity on the potential impact of the budget cuts on the Department of Police’s operations for the upcoming financial year.

Ms N Nkosi (ANC, Mpumalanga) referred to the strategic focus on the facilitation of the modernisation of the SAPS and policing policy. She asked what it entailed and how the Department would overcome its challenges in the ICT sector in rural areas.

She said that the meetings between the CSPS and the IPID were appreciated, but the Committee needs an understanding of the tangible achievements and challenges that arose from such engagements. She asked on how the aims to improve organisational performance and efficiency would be achieved.

She inquired on the extent the CSPS’ ICT Framework had been developed and implemented as well as the challenges faced in this regard.

She asked for clarity on the measures that would be implemented by the Department of Police to ensure that all police stations are DVA-compliant in the future.

Mr S Zandamela (EFF, Mpumalanga) stated that the Committee would have appreciated to see a breakdown of the gender-based violence statistics and the measures that would be implemented to target high-risk areas.

Ms C Visser (DA, North West) asked for clarity on the performance indicator for the implementation of the Human Capital Strategy aimed at improving the Department of Police’s organisational performance and efficiency and how this would be measured.

She mentioned that there were reports of police stations, especially in rural areas, which refuse to open dockets for what it calls ‘petty things’ such as assaults and robberies and these were not isolated incidents. She added that it was unacceptable that there seemed to be no support at some police stations as this amounts to assisting criminals in perpetuating their crimes as there are no consequences implemented.

The Chairperson referred to the key achievements noted in the briefing and added that the report on the domestic violence legislation and compliance monitoring had been a substantial issue for some time. She said that the Committee should be provided with the documentation to determine the extent to which the CSPS had implemented the recommendations made in the reports. She asked on how the CSPS monitored implementation.

Mr K Motsamai (EFF, Gauteng) mentioned the killings happening in rural areas of the country, and reports that there were police officers implicated as accessories and accomplices to these crimes. However, the conducted investigations were not producing results. He asked the Minister of Police to provide feedback to the Committee on what the Department was doing to curb farm killings in Mpumalanga.

He asked for clarity on the amendment Bills which would be submitted to Parliament and the measures to be implemented by the Department to curb the backlog on forensic data and investigations. He highlighted was the Committee should be provided with timeframes regarding the resolution of the backlog so that Members could exercise their oversight role in holding the Department accountable.

He inquired on the actions being taken to address the challenges of the non-functional CPFs and to ensure that the last outstanding CPF was established.

He asked the status of the relationship between the CPFs and existing neighbourhood watches in terms of combating crime.

Responses by the CSPS

Minister Cele said that the effects of the budget cuts were that the already constrained budget of the Department was further limited, however, there were efforts of engaging with the National Treasury to increase the budget of the CSPS, but these had been unsuccessful. This, therefore, meant that there would be a negative impact on the CSPS that will hinder its operation and South Africans would be left to bear the consequences.

He stated that he would be very disappointed if it would be found that there were no consequences faced by police officials which had been accused of conniving with criminals in the Mpumalanga killings. He added that the work of the police was to investigate and gather evidence, after which the cases would be handed over and therefore, this meant that the length of time that the case took to move through the court processes was out of the hands of the Department. He stated that it is crucial that people with information regarding police’s involvement in criminal matters hand over the information so that the proper investigations can be followed.

He said that gender-based violence was a second pandemic that is plaguing the country and the Department works with the understanding that, even with a limited budget, extra resources must be poured into enhancing the police station units to deal with these issues and crimes.

Mr Rapea added that the Department had managed to stay within the budget given in the online engagements during the COVID-19 pandemic. He said that the minimum number of employees expected to be operating in the CSPS was 250, however, there 155 operating employees with open vacancies as there were no resources to bring on the addition 50 employees. He mentioned that the CSPS was not able to fill the vacancies and still have enough financial resources to continue its operations, but the vacancies were also impacting on the CSPS’ service delivery. He added that the e-Policy will also help with the modernisation of the entity to address some of these challenges, even in the rural areas.

Regarding the questions about the joint sittings between the CSPS and the IPID, he said that there was the implementation of the consultative forum to determine whether the police were implementing the recommendations made by the entities. One of the issues identified was that the National Prosecuting Authority (NPA) has a high rate of declining to prosecute the cases referred to the entity and that the IPID Bill would mitigate this by opting for the inclusion of the NPA in this consultative forum, since the entity plays a significant role in ensuring consequence management in terms of criminal proceedings being brought against wrongdoers. There are also proposals that the SAPS should have a dedicated resource to deal with disciplinary cases.

He responded that the ICT Framework had been approved since the ICT of the Department had historically been inadequate and this would support the various programmes of the CSPS and the Department across the board.

In addition, he said that people need to be treated with dignity and respect when reporting cases of domestic violence to SAPS and the Department regularly assesses police stations to see whether there are victim-friendly rooms available and whether female police officers are available to help people who report such matters.

Ms Dipsy Wechoemang, Chief Director: Corporate Services, CSPS, responded that the Human Capital Strategy is coupled with the overall strategy for human resources, and the operational strategies regarding the health and wellness of employees. This is measured through job satisfaction surveys.

Briefing by the IPID on its APP and Budget (2021/22 financial year)

The Committee was briefed by the CSPS on its APP and Budget for the 2021/22 financial year. Mr Matthews  Sesoko, Head: Investigations and Information Management, IPID, headed the presentation.

Introduction to the briefing

The purpose of the presentation was to brief the Committee on the APP and Budget of the IPID, its Strategic Plan (2020 to 2025), and to provide additional provincial information as requested. It was reported that the reductions to the budget’s baselines affected the plans of the Department. The reduction resulted into an extensive reprioritisation of the revised baseline and adjustment of the MTEF targets. The organisational structure was also to be reviewed to ensure optimal utilisation of the current personnel.

The key priorities for the 2021/22 financial year include the finalisation of the IPID Bill, the strengthening of the IPID’s investigative capacity and refining processes to improve the quality of investigations, the prioritisation of cases involving gender-based violence, femicide, rape, death, corruption, and torture, ensuring the full implementation of section 23 of the IPID Act to comply with court orders, achieving the continuous implementation ICT key projects, the implementation of new strategies in line with the Department of Police’s ten-point plan, the strengthening of partnership through development and signing of MOUs with key stakeholders, and intense community mobilisation and stakeholder engagement.

Breakdown of the budget and provincial allocations

The adjusted budget for the IPID for the 2021/22 financial year amounts to R348.35 million. For the 2022/23 financial year, the budget is estimated at R351.8 million and R357.99 million for the 2023/24 financial year. The IPID has consistently used 99.9% of its budgets for the financial years from 2018/19 onwards. The budget allocations per programme are as follow: For Programme no. 1 (Administration), a budget allocation of R100.98 million was made, for Programme no. 2 (Investigations and Information Management), a budget allocation of R227.54 million was made, for Programme no. 3 (Legal and Investigation Advisory Services), a budget allocation of R6.41 million was made, and for Programme no. 4 (Compliance Monitoring and Stakeholder Management), a budget allocation of R13.42 million was made. This shows a budget growth of 2% from the 2020/21 financial year. The budget allocations per economic classifications are as follow: For the compensation of employees R233.8 million was allocated, for the Department of Police’s agencies and accounts R704 000 was allocated, for goods and services R108.56 million was allocated, for households there were no budget allocations made, for machinery and equipment R5.19 million was allocated, for provincial and local governments R102 000 was allocated, and none for payments for financial assets.

Regarding the provincial budget allocations, it was reported that R170.65 million was allocated to the provinces. The allocations were outlined as follow: the Eastern Cape was allocated R19.66 million, the Free State was allocated R19.76 million, the Gauteng province was allocated R22.94 million, KwaZulu-Natal was allocated R21.77 million, Limpopo was allocated R18.05 million, Mpumalanga was allocated R16.7 million, the North West was allocated R15.85 million, the Northern Cape was allocated R13.93 million, and the Western Cape was allocated a budget of R21.99 million for the 2021/22 financial year.

Performance indicators and annual targets in the APP

The impact statement for the Department of Police is to ensure a responsive and accountable police service that renders professional service in a human rights environment. A total of 32 annual targets for the 2021/22 financial year were outlined across the programmes of the IPID as follow:

• For Programme no. 1 (Administration), seven output indicators were outlined. The outcomes involved ensuring an effective and efficient administrative support and ensuring reduced levels of police criminality and misconduct. Two new indicators were introduced in line with the Department of Police’s ten-point-plan which included the percentage implementation of the Youth Development Strategy and the Gender Based Violence and Femicide Strategy per year. The annual targets related to the percentage implementation of ICT Plan per year (70% target), the percentage implementation of annual Internal Audit Plan per year (100% target), the percentage implementation of risk mitigation strategies per year (70% target), the percentage compliance of SMS financial interests submitted through e-disclosure within stipulated timeframe per year (100% target), the percentage vacancy rate per year (10% target), and the percentage implementation of the Youth Development Strategy (80% target) and the Gender Based Violence and Femicide Strategy per year (70% target).
• For Programme no. 2 (Investigations and Information Management), 13 output indicators were outlined. The outcome involved was to ensure reduced levels of police criminality and misconduct. There are no indicators that were introduced or discontinued. The MTEF-period’s targets were adjusted for eight output indicators due to challenges related to the COVID-19 pandemic, delays in obtaining technical reports, and total workload (relating to active and post-decision ready cases). The annual targets included the number of investigation of deaths in police custody that are decision ready per year (target of 120), the number of investigations of deaths as a result of police action that are decision ready per year (target of 220), the number of investigations of discharge of an official firearm by a police officer that are decision ready per year (target of 370), the number of investigations of rape by a police officer that are decision ready per year (target of 70), the number of investigations of rape while in police custody that are decision ready per year (target of six), the number investigations of torture that are decision ready per year (target of 80), the number of investigations of assault that are decision ready per year (target of 2 000), the number investigations of corruption  that are decision ready per year (target of 70), the number investigations of other criminal and misconduct matters referred to in section 28(1)(h) of the IPID Act that are decision ready per year (target of ten), the number investigations of offences referred to in section 33 of the IPID Act that are decision ready per year (target of five), the number of approved systemic corruption cases  that are decision ready per year (target of two), the percentage of dockets referred to the National Prosecuting Authority (the NPA) within 30 days of being signed off per year (target of 90%), and the percentage of recommendation reports referred to the SAPS within 30 days per year (target of 90%).
• For Programme no. 3 (Legal and Investigation Advisory Services), four output indicators were outlined. The outcome involved protecting the interests of the Department of Police. There are no indicators that were introduced or discontinued. The annual targets included the percentage of legal advice provided to investigators within two working days of the request (target of 95%, the percentage of written legal advice provided to the Department of Police within 30 working days of request per year (target of 70%), the percentage of litigation matters referred with instructions to the state attorney within ten working days of receipt per year (target of 100%), and the percentage of contracts and service level agreements finalised within 30 working days of request per year (target of 90%).
• For Programme no. 4 (Compliance Monitoring and Stakeholder Management), eight output indicators were outlined. The outcomes involved strengthening stakeholder relations and ensuring reduced levels of police criminality and misconduct. Two new indicators were introduced, relating to the number of media programmes held per year, and the percentage implementation of Access and Awareness Rural Strategy per year. In addition, two existing indicators were reviewed through changing the method of calculation from a number to a percentage. The annual targets included the number of engagements held with key stakeholders per year (target of 166), the number of media programmes held per year (target of four), the percentage of recommendations referred to the SAPS that are analysed per year (target of 80%), the percentage of criminal referrals forwarded to the NPA that are analysed per year (target of 80%), the percentage of responses from the SAPS that are analysed within 30 days of receipt per year (target of 60%), the percentage of responses from the NPA that are analysed within 30 days of receipt per year (target of 60%), the number of case docket inspections conducted per year (target of five), and the percentage implementation of Access and Awareness Rural Strategy per year (target of 60%).

Responses to the Committee’s request for provincial information:

Regarding provincial interests in the Strategic Plan, the IPID reported that it pertains to Programme no. 2 (Investigations and Information Management). Regarding the increase in the number of criminal cases decided by the NPA, it was reported that these are dockets where investigation is finalised and referred to the NPA for decision on whether to prosecute or not prosecute. All provincial offices are contributing to the attainment of the five-year target of 1 503 dockets. Regarding the increase in the number of disciplinary recommendations initiated, it was reported that these are the disciplinary recommendations submitted to the SAPS of disciplinary process. All provincial offices are contributing to the attainment of the five-year target of 609 recommendations. Regarding the increase in the number of disciplinary recommendations finalised, it was reported that these are the disciplinary recommendations that were concluded. All provincial offices are contributing to the attainment of the five-year target of 2 000 finalisations.

The provincial contributions to the targets for Programme no. 2 (Investigations and Information Management) were outlined to the Committee regarding the Eastern Cape (287), the Free State (375), Gauteng (485), KwaZulu-Natal (331), Limpopo (242), Mpumalanga (310), the North West (242), the Northern Cape (219), and the Western Cape (463). This contributed to the national total of 2 953 instances reported.

Regarding provincial staffing capacity and challenges, it was reported that there are 28 provincial vacancies. It was reported that there are significant constraints on personnel when considering the high case workload. The key achievements in the provinces included the ability to operate during the crisis period such as at the peak of the COVID-19 pandemic. It was reported that the intermittent closure of the offices of the IPID and those of key stakeholders due to the pandemic did not deter the provinces to provide essential services. The management of the provinces was able to sustain performance in majority of targets and even exceeding some of the set annual targets for the 2020/2021 financial year. The IPID hotline was launched in October 2020 to improve access to IPID’s services nationally. The regionalisation model through the implementation of the Access and Awareness Rural Strategy allows the IPID to have a bigger footprint by having multiple offices servicing a larger part of each province. In addition, the IPID’s collaboration with the National Youth Development Agency for the provision of 66 learners to aid investigators in all provinces. The challenges in the provinces included an increasing workload (which increased with 482 cases), the impact of the COVID-19 pandemic on the investigation routine work with temporary closure of offices and quarantine of officials, and the vast geographical areas of the provinces resulting in officials taking longer to attend to crime scenes and to collect the necessary evidence on cases under investigation.

Update on cases being investigated and the SAPS’ compliance

Regarding the IPID’s case workload, it was reported that the total intake of cases for investigation during the 2020/21 financial year was 6 122 cases. At the end of the 2020/21 financial year, the IPID had a total of 11 578 active cases that were carried over to the current financial year, consisting out of 7 820 assault cases, 1 635 cases involving the discharge of an official’s firearm, 764 cases involving deaths as a result of police action, 665 cases involving torture, and 184 other misconduct cases. In addition, the IPID has a total of 23 187 post-decision monitoring cases, making the actual workload a total of 34 765 active cases. The provinces of Gauteng and the Western Cape had the highest workloads. The IPID forwarded 2 220 recommendations to the SAPS for the 2020/21 financial year consisting out of 702 negative recommendations and 1 518 containing positive recommendations. For the negative recommendations, there are still 374 cases that the IPID is awaiting feedback on. A total of 1 812 cases were referred to the NPA during the 2020/21 financial year with the following outcomes: 1 405 are awaiting decision, 35 are being prosecuted, 369 cases have been declined for prosecution, and six were withdrawn.

Discussion

Mr Michalakis expressed concern that there were no engagements on how the IPID could get out of the vicious cycle of being underfunded, which then gets exacerbated by future budget cuts. He added that the current state could not remain as is because the IPID was tasked with very important work and needs to be fully capacitated.

He highlighted that the exceptionally high figures of police brutality should not be the norm in South Africa’s democracy and that it was time to put an end to the culture of ‘skop, skiet, and donner’ that plagues the policing services in the country. He mentioned that police should be tough on crimes, but the line should be drawn when innocent civilians lose their lives or are raped by police officials when in custody.

He mentioned that the 702 matters that were referred back to the SAPS for disciplinary actions, which indicated a compliance rate of 47%, was not acceptable and asked why there was no consequence management effected against the remaining 53%.

He added that one of the IPID’s biggest challenges remains being the lack of implementation of the entity’s recommendations by the police. He asked for feedback on the status of the IPID’s case flow management system that has had significant challenges in the past.

Mr I Sileku (DA, Western Cape) asked for clarity on the cases that were referred to the SAPS and the National Development Agency (NDA), and whether the Department was satisfied with the outcomes of those cases.

Ms Visser asked for clarity on what the Department was doing to ensure that the IPID’s recommendations to the SAPS were implemented and that non-compliance is curbed.

Mr E Mthethwa (ANC, KwaZulu-Natal) expressed concern regarding the IPID’s lack of budgeting for its offices, especially since it is often using temporary containers as offices and asked on when the issue would be addressed. He added that it was crucial for the IPID to work out of a structural building so that the community can visit the offices.

Responses by the IPID

Mr Sesoko responded to the question on the culture of ‘skop, skiet, and donner’ by stating that the IPID’s mandate was to be reactive in investigating alleged criminality and instances of misconduct. He added that there are regular engagements with the police, and the IPID has even made recommendations which are of a policy nature relating to issues that have been identified during statistical analyses. This includes the issue on why there were no recommendations made for the remaining 53% of cases. He said that there are regular meetings with SAPS, at national and provincial levels, in this regard, but the difficulty remains that there is no follow-through on the recommendations and no supporting information from the provinces that these recommendations are implemented.

He agreed that one of the IPID’s biggest challenges remains being the lack of implementation of their recommendations by the police. He mentioned that the entity could not be directly involved in the disciplinary processes of the SAPS. Another provision that would be included in amendment Bills was that the SAPS should invite the IPID to be part of its disciplinary processes to determine whether its recommendations were implemented.

He said that the IPID had measures in place to determine whether the decisions of the NPA were in accordance with the recommendations made. However, the independence of the NPA must be respected when they decline to prosecute.

Deputy Minister Mathale stated that the COVID-19 pandemic and the economic decline of the country significantly impacted the work of the IPID and the Department and this had been worsened by the budget cuts across all governmental departments.

The Chairperson thanked the delegations in attendance for the information presented and for the contributions and inputs from Members.

The meeting was adjourned.