INDEPENDENT COMPLAINTS DIRECTORATE EASTERN CAPE PROVINCIAL OFFICE Presentation

INDEPENDENT COMPLAINTS DIRECTORATE, EASTERN CAPE PROVINCIAL OFFICE Presentation to Portfolio Committee by Adv. S. G. Poswa Provincial Head ICD, Eastern Cape 09 November 2007

Contents Slide Introduction Organogram Satelite Office Organogram for Satelite office Progress made on 2005 Potfolio Committee Recommendations 1. Decentralisation of Powers 2. ICD Policies 3. Training Opportunities 4. Policing Powers 5. Budgetory Concerns Provincial Office performance/statistics 01 – 30 September 2007 Challenges Thank you 3 4 5 6 7 -9 10 -27 28 -34 35

INTRODUCTION This presentation will cover update or progress made from the recommendations of the 2005 report of the Portfolio Committee to Parliament. It will also touch on the performance as outlined in the Strategic Business Plan (2007 -2010). It will lastly touch on challenges experienced by the Provincial Office in meeting its objectives as outlined in the above stated business plan.

ORGANOGRAM 16 Staff Persons Provincial Head Adv S Poswa Secretary (vacant) Dep. Prov. Head K Willoughby Ass. Dir. Investigations A Simon Monitor N Jayiya Principal Investigator J Winnaar Senior Investigators X 4 (1 vacant) Admin Officer N Mtyida 2 X Case Analyst Complaints Receptionist (vacant) Data Capturer Admin clerk

SATELITE OFFICE The Eastern Cape officially launched its satelite office in Mthatha on 18 October 2007, situated at 10 th Floor, PRD Building. This office will serve the greater OR Thambo District Municipality. Other areas earmarked for satelite office in this province are Port Elizabeth and Queenstown. It is hoped that same will be opened in these areas in the next financial years.

ORGANOGRAM FOR SATELITE OFFICE MTHATHA 4 Staff Persons PRINCIPAL INVESTIGATOR Level 9 SENIOR INVESTIGATOR Level 8 CASE ANALYST Level 5 ADMIN CLERK Level 4

Progress made on the Recommendations of the Potfolio Committee to Parliament in 2005 1. Decentralisation of Powers v v v 2. Provincial offices can effect appointment of personnel up to level 8. Provincial offices have signing powers to the total amount of R 15000. Representation of provincial offices to major committees is limited to one provincial representation per committee. It is therefore not sufficient as decisions are taken on the basis of consensus by majority. Staff retention poses a greater challenge as salary packages offered by the ICD are not competitive when compared to other government departments. Logis, the system used in processing of payments and capturing of assets, is not decentralised as yet. The provincial office relies on the assistance of Head Office. The implication is that there must be at least 3 staff persons employed to run and administer the system. Job Evaluation: Process of evaluation of positions is moving at a slow pace. The positions of example of Provincial Head were evaluated at the beginning of the current financial year. The outcome todate has not been communicated. Our view is that the process is not transparent. ICD Policies v Revision is not as often as it should be. The Standard Operating Procedures (SOPS) is but one example. It revision is long overdue.

Progress made on the Recommendations of the Potfolio Committee to Parliament in 2005 3. Training Opportunities v Induction of newly appointed staff does not take place within the three (3) months of appointment, as suggested. It sometimes takes up untill six (6) months or so before induction is given. The reason for this state of affairs is that the training co-ordinator would wait for a sizeable number of newly appointed employees before giving the training. Under these circumstances, provincial offices oganise and offer their own mini induction courses as new appointees have to be familiarized with work, regardless. v Staff persons normally identify their training needs at the beginning of each financial year and courses identified for them to attend during the couse of the year. v A standing arrangement with SAPS is desirable in order to constantly expose our investigators to new trends. At the moment there is no uniform arrangement with SAPS for these kind of training interventions. 4. Policing Powers v Matter not yet resolved. It still takes time for newly appointed investigators with no police background to be conferred with policing powers.

Progress made on the Recommendations of the Potfolio Committee to Parliament in 2005 5. Budgetory Concerns The practice is that funds are allocated to provincial offices which must tailor their budget accordingly. This is done in cicumstances where the realistic budget that has been prepared by the provincial office is submitted, but ignored. The process of allocation of funds is itself not transparent. We for example do not know what informs the allocation of different sums of money to provincial offices.

PROVINCIAL OFFICE PERFORMANCE APRIL TO SEPTEMBER 2007

COMPLAINTS REGISTRY

SUB PROGRAMM E OUTPUT MEASURE/INDIC ATOR TARGET WORK RATE Complaints Registry Registration and allocation of new cases on the database Time within which cases must be registered Registration within 24 hours 100% compliance Time within which cases must be allocated after registration Allocation within 48 hours after registration 100% compliance Number of station audits conducted reflecting DVA compliance and recommendations to SAPS Five (5) cell inspections per quarter For period April to Sept 07, Twelve (12) cell inspections conducted, 2 more than expected. Number of community outreach activities to be undertaken Five (5) community awareness programmes per quarter For period April to Sept 07, ten (10) community outreach activities conducted Communicatio n Marketing ICD

SUB PROGRAM ME OUTPUT Monitoring Processing and Research applications for exemption in terms of DVA, received by provincial office MEASURE/INDIC TARGET ATOR WORK RATE Time within which all applications for exemption must be finalized Within 30 days of receipt Received 6 application for exemptions, granted 4, 1 not granted and 1 outstanding Number of station audits conducted reflecting DVA compliance and recommendations to SAPS Five (5) station audits per quarter For the period April to Sept 07, 15 DVA audits conducted. Majority of police stations do not comply

CELL INSPECTIONS No DATE STATION REMARKS 1 2007/04/12 Fort Beaufort The cells were overcrowded because of the problems they were experiencing with correctional services. One juvenile prisoner was locked with handmade necklace around his neck. ICD requested the Station Commissioner to remove it and lock away accordingly. 2 2007/04/12 Bedford Cells were in good condition and only one person in custody 3 2007/04/13 Aliwal North All the complaints the prisoners had were addressed with the Community Service Centre Commander and were found to be unfounded. 4 2007/06/12 Izele There was no one at the cells as they were busy fixing a blocked drain. Ntabankulu No water in cells and the toilets not working. Cells are overcrowded and prisoners were not given access to telephones. Matter subsequently taken up with Provincial Commissioner. 5 2007/06/22 6 2007/07/26 Komga Cells were very dirty, toilets not working and the explanation received was that the prisoners tear the blankets and use them instead of toilet paper. A representative from Public Works was also there to look into the matter. 7 20070808 Cala No complaints received from the prisoners except for the cells that are a bit small for them. Bizana No complaints received from prisoners. Showers were blocked. Two juveniles in cells, aged 15 and 16 years. Matter subsequently taken up with Provincial Commissioner. 8 2007/09/17 9 2007/09/17 Mzamba No complaints received from prisoners. Three juveniles in cells, aged 13, 16 and 17. Matter subsequently taken up with Provincial Commissioner. 10 2007/09/17 Mpisi No cells inspected as the cells are being renovated. 11 2007/09/17 Flagstaff Two juveniles, aged 14 and 17 at the cells. At the female cell, the inmates complained of the cell being dirty and that there is no cleaning material, and sometimes no water. They also complained about the menu. One inmale complained about a rash, but the CSC Commander explained that she was taken to the clinic. She will be taken again, since the rash is not getting any better. Matter subsequently taken up with Provincial Commissioner. 12 2007/09/17 Lusiki No cells inspected. There are no cells, inmates are taken to neibouring stations.

STATION AUDITS ON DOMESTIC VIOLENCE NO DATE STATION REMARKS Fort 1 2007/04/1 2 Beau fort 2 2007/04/1 2 Bedford Registers are properly maintained and everything was in order. 100 compliance 3 2007/04/1 3 Aliwal North Not all the DVA registers could be found. No list of service providers at the patrolling vans. 4 2007/06/1 2 Izele The S/C complained of shortage of pocket books but indicated that the matter is dealt with at Prov. Office. No list of service providers as there is new dermacation. 5 2007/06/1 2 KWT The station does comply. 100% 6 2007/06/2 2 Ntabankulu Half of the members are trained on the act. There are not much incidents of domestic violence reported at the station. Komga Register 508(a) & (b) do not correspond. No list of service providers at the CSC and patrolling vans. Members are using speedials and there is no phone access after hours. Only one member trained on DVA. Not all shifts have female members. Cala No copy of the DVA and NI available at the CSC and 508(a) register not updated. Only 4 members were trained on the act out of 67 staff members. No updated list of service providers. Lady Frere 508 Registers updated, list of service providers available but not updated. Only 9 members trained on the act and the rest to attend soon. Not all the DVA registers could be found. No list of service providers at the patrolling vans. 7 2007/07/2 6 8 08/08/200 7 9 08/08/200 7 10 2007/09/1 7 Bizana Copies of DVA and NI could not be found. Some registers could be accessed as they were locked in the Station Commissioner's office. 11 2007/09/1 7 Mzamba No register for copies of protection orders and warrants of arrests. No victim centre. 2007/09/1

COMMUNITY OUTREACH ACTIVITIES DATE 2007/04/12 2007/04/13 2007/05/24 2007/06/21 2007/06/22 2007/07/26 2007/08/08 2007/08/09 2007/09/14 COMMUNITY THEME ATTENDANCE STAKE HOLDERS Bedford ICD mandate and DVA 100 ICD, community Aliwal North ICD mandate and DVA 50 ICD, community Centane ICD mandate and DVA 70 ICD and EC NGO Coalition Cathcart ICD mandate and DVA 110 ICD and EC NGO Coalition Ngangelizwe ICD Mandate and DVA. 120 ICD, Community and ECNGO Coalition. Ntabankulu ICD Mandate and DVA. 50 ICD, Community and ECNGO Coalition. Lady Frere ICD mandate and DVA 50 ICD, Commission on Gender Equality and community Cala ICD mandate and DVA 150 ICD, SAPS, Justice Dept, Health Dept, Social Development, CPF, NGOs and community. Queenstown ICD mandate and DVA 350 ICD and Roman Catholic Congregants Bhisho ICD Mandate and DVA 50 ICD and Dept. of Safety and Liaison

INVESTIGATIONS

SUB PROGRAMME OUTPUT MEASURE/INDICATOR TARGET WORK RATE Investigation of complaints Investigate all relevant complaints of deaths, criminality including corruption & misconduct allegedly committed by members of the SAPS Finalization of Class I: • Death in custody / no police involvement, within 30 days 60% 21 cases received and 13 closed, 62% compliance • Deaths as a result of 60% 30 cases received and 19 finalised, 63% compliance Finalization allegations of criminality within 180 days 50% 61 cases received and 29 finalised, 48% compliance Finalization – class IV within 120 days 50% 5 cases received and 3 closed, 60% compliance Attendance of crime scenes 70% 29 cases reported and 22 scenes attended, 76% compliance Attendance of post mortems 70% 26 cases and 20 attended, 77% compliance Written feedback to stakeholders Every 30 days Done, 100% compliance police action / police involvement, within 120 days

Case Intake Programmes 2 & 3 Month Class III Class IV Class V Apr-07 12 1 10 8 2 May-07 10 1 13 16 8 Jun-07 6 2 14 6 6 Jul-07 7 2 10 12 13 Aug-07 9 1 7 15 6 Sep-07 7 0 7 14 14 Total 51 7 61 71 49

CLOSED FILES Current Financial Year & Backlog Month Total Apr-07 31 May-07 0 Jun-07 27 Jul-07 27 Aug-07 49 Sep-07 23 Total 157

Manner of Disposal Current Financial Year & Backlog Manner Class SUB UNSUB DISMISSED WITHDRAWN RESOLVED UNFOUNDED I 2 26 1 0 0 0 II 2 6 1 0 0 0 III 2 29 11 2 0 1 IV 1 34 35 0 3 1 Total 7 95 48 2 3 2

RECOMMENDATIONS TO DPP Current Financial Year and Backlog Month Total Class III Class IV Apr-07 7 0 1 0 May-07 6 0 1 0 Jun-07 10 0 2 0 Jul-07 3 0 0 0 Aug-07 3 0 3 1 Sep-07 4 0 33 0 11 1

RECOMMENDATIONS TO SAPS Month Total Class III Class IV Apr-07 3 0 0 0 May-07 0 0 Jun-07 5 0 2 0 Jul-07 0 0 2 0 Aug-07 0 0 1 0 Sep-07 0 0 8 0 5 0

SCENES AND POST MORTEMS ATTENDED SCENES Month Attended POST MORTEMS Not Attended Apr-07 6 3 3 0 May-07 5 0 3 0 Jun-07 4 2 5 1 Jul-07 3 1 1 3 Aug-07 1 1 5 1 Sep-07 3 0 3 1 22 7 20 6 Total

Court Attendance Month Total Class III Class IV Apr-07 1 0 0 0 May-07 1 0 2 0 Jun-07 12 0 Jul-07 8 0 5 0 Aug-07 4 0 5 0 Sep-07 2 0 28 0 16 0

CONVICTIONS AND ACQUITALS CLASS Total CONVICTIONS Nolle Prosequi ACQUITALS I 0 1 15 II 0 0 0 III 3 0 18 IV 0 0 1 34

BACKLOG MOVEMENT APRIL MAY JUNE JULY AUG SEPT Backlog 96 76 129 118 127 140 Finalized 27 37 38 30 34 8 Percentage 28% 49% 25% 27% 6% BACKLOG STATUS CLASS TOTAL I 64 II 3 III 73 IV 92

1. Challenges • Staff Shortages 6 x investigators still remain a challenge in dealing effectively with all the cases that rise in the province. 1 x monitor just not enough to do DVA Audits and cell inspections on all the 194 police stations. Same person also responsible for outreach programmes and is also the supervisor in the Complaints Registry component (Level 7). 2 x Staff persons in Programme 1, an Administrative Officer and an Administrative Clerk (levels 7 &4) respectively. The number is insufficient and so are the salary levels in particular when one considers the importance of the component in the compliance of the office with Treasury prescripts and regulations. The situation is the same with the satelite office.

PROPOSED OGANOGRAM 2008 – 2010 v The average international police to population ratio is 1: 400. The EC population is 7. 1 m, whereas police members (excluding civilians) is 15486. The applicable ratio is therefore 1: 445 v Using a similar comparison of the number of police officers versus ICD investigators, the Eastern Cape office has 8 investigators versus 15486 police officers. v Therefore, the ratio is 1: 1936. If we want to staff our office to a more reasonable level of 1 investigator for every 408 police officers, we will need a total of 38 investigators.

PROPOSED OGANOGRAM 2008 – 2010 Total = 22 Staff persons Provincial Head Level 14 Secretary Level 6 Dep. Prov. Head Level 13 Director Investigations X 1 Level 12 Monitor X 1 Level 10 Principal Investigators X 3 Level 11 Senior Investigators X 6 Level 10 Admin Officer X 1 Level 10 Outreach Co-ordinator x 1 Level 9 Case Analysts X 2 Level 7 Complaints Receptionist X 1 Level 6 Data Capturer X 2 Level 6 Admin clerk X 1 Level 6

PROPOSED SATELITE OFFICES OGANOGRAM 2008 – 2010 Ideally the three satellite offices earmarked for the areas, Mthatha, Port Elizabeth and Queenstown, in order to be more effective and efficient, should be staffed as follows: Director Investigations Level 12 Principal Investigators X 2 Level 11 Monitor X 1 Level 10 Senior Investigators X 5 Level 10 Admin Officer X 1 Level 10 Outreach Co-ordinator x 1 Level 9 Case Analysts X 1 Level 7 Total = 15 Staff persons Complaints Receptionist X 1 Level 6 Data Capturer X 1 Level 6 Admin clerk X 1 Level 6

2. VASTNESS OF THE PROVINCE 500 km N W 450 km E 800 km S 550 km

3. SHORTAGE OF VEHICLES The office currently has 3 office vehicles. Only 1 is functional and the other two are in the garage for repairs after being involved in accidents. Newly appointed investigators with police background cannot apply for sub-vehicles, as the applicable policy determines that they must at least be 6 months in the ICD service at the ICD before they can apply. As things stand, investigators have to share vehicles and some days they have to stay in office because of a shortage of vehicles.

4. DVA Audits and Cell Inspections There are too many police stations and not enough manpower and resources to conduct DVA Audits. SAPS are not updating ICD when exemption is not granted. It is still very common for juveniles to be locked with elder inmates

THANK YOU