National Office: City Forum Building 114 Madiba (Vermeulen) Street, Pretoria 0002 Contact Details: Tel: 012 399 0000 Fax: 012 326 0408 Email: complaints@ipid.gov.za RP307/2013 ISBN: 978-0-621-42277-1 Title of Publication: Independent Police Investigative Directorate (IPID) Annual Report 2012/13 Independent Police Investigative Directorate Annual Report 2012/13 Independent Police Investigative Directorate (IPID) IPID Independent Police Investigative Directorate Annual Report 2012/13 ipid ipid Department: Department: Independent Police Investigative Directorate Independent Police Investigative Directorate REPUBLIC OF SOUTH AFRICA REPUBLIC OF SOUTH AFRICA Submission of Annual Report 2012/13 to the Minister Mr EN Mthethwa Minister of Police I have the honour of submitting the Annual Report of Independent Police Investigative Directorate for the period 1 April 2012 to 31 March 2013. (Signature of Accounting Officer) _________________________________________ Ms K Mbeki 31 August 2013 Independent Police Investigative Directorate Annual Report 2012/13 i INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 2012/13 ANNUAL REPORT TABLE OF CONTENTS GENERAL INFORMATION ................................................................................................................................... ix MISSION STATEMENT .............................................................................................................................................. ix Vision..................................................................................................................................................................................... ix Mission ................................................................................................................................................................................. ix Values ................................................................................................................................................................................... ix LEGISLATIVE AND OTHER MANDATES ...........................................................................................................x Constitutional mandate .......................................................................................................................................................... x Current legislative mandate .................................................................................................................................................. x INFORMATION ON PREDETERMINE D OBJECTIVES.................................................................................. 1 OVERALL PERFORMANCE......................................................................................................................................... 1 Voted funds ............................................................................................................................................................................... 1 Aim of vote ................................................................................................................................................................................ 1 Summary of programmes...................................................................................................................................................... 2 Overview of the 2012/13 service delivery environment ................................................................................................ 3 Overview of the 2012/13 organisational environment .................................................................................................. 3 Revenue, expenditure and other specific topics .................................................................................................... 5 PROGRAMME PERFORMANCE ............................................................................................................................ 7 Programme 1: Administration............................................................................................................................................... 7 Programme 2: Investigation and Information Management ...................................................................................... 10 Programme 3: Legal Services ................................................................................................................................. 13 STATISTICAL REPORT .......................................................................................................................................... 15 Intake ....................................................................................................................................................................................... 15 Cases Allocated ..................................................................................................................................................................... 37 Workload ................................................................................................................................................................................ 39 Criminal recommendations to NPA.................................................................................................................................. 50 Disciplinary recommendations to SAPS........................................................................................................................... 53 Convictions and acquittals .................................................................................................................................................. 55 Arrests ...................................................................................................................................................................................... 69 Cases on court rolls .............................................................................................................................................................. 72 Closed cases ........................................................................................................................................................................... 74 Some cases finalised in the courts ........................................................................................................................ 76 ANNUAL FINANCIAL STATEMENTS ............................................................................................................... 80 Report of the Audit Committee ......................................................................................................................................... 81 Report of the Accounting Officer ...................................................................................................................................... 83 Report of the Auditor-General ........................................................................................................................................... 93 Financial Statements ............................................................................................................................................................ 96 HUMAN RESOURCE MANAGEMENT............................................................................................................ 148 CONTACT INFORMATION ............................................................................................................................. 164 ii Independent Police Investigative Directorate Annual Report 2012/13 STATEMENT BY THE MINISTER OF POLICE Our history gives us an important mirror to look at ourselves and reflect on where we come from and where we want to go. Our Constitutional democracy which is a teenager is progressing well into adulthood. With the passage of time, we have learned from our past and infused those lessons into our plans for the future. As a government and people of South Africa, we are always mindful of our troubled past. This is reflected in our progressive Constitution and the legal frameworks that advance the human rights and dignity of every South African and of those of our compatriots from other countries, who find themselves in our beautiful land. Every citizen of our country should benefit from the safety and security service that is offered to all by our policing agencies. Our country’s performance in policing matters must be measured against the high standards set by our patriots who gave up their lives so that ours could be so much better. We believe that we have made significant strides in ensuring that we have policing that is underpinned by a respect for human rights. The most recent being that we not only ensured the enactment of the IPID Act in 2011, but also implemented it on 1 April 2012. In line with the IPID legislation, my office has seen the recommendations that emanate from the IPID’s investigations during the period under review. These recommendations are testimony to our desire that there should be a strong external oversight mechanism over our policing agencies, particularly the South African Police Service (SAPS). The principle that those police officers who violate the tenets of our Constitution and the rule of law are dealt with both in the courts and through disciplinary mechanisms, is in line with our constitutional democracy. As a government, we support the efforts of all oversight institutions to ensure that our people do not become victims of overzealous or even criminal elements within our policing agencies. We also note that the SAPS itself has made serious efforts to rid itself of such unwelcome elements either by implementing the IPID’s recommendations or initiating action against its members where warranted. Policing in our country remains a challenge due to the numerous service delivery protests, some of which are accompanied by violence. As government we have been very clear that peoples’ right to protest is guaranteed by the Constitution and that right has to be respected by both the Citizens and the police. However, we have also made it clear that those citizens who do not want to be part of such protests, must be respected. This Annual Report gives us a picture of how the first year of the Independent Police Investigative Directorate (IPID) has been. The Auditor-General’s report is encouraging as it indicates that we should not be worried about the management of public funds at this institution – hence the unqualified audit opinion. Such prudence with public funds should continue going forward. IPID should strive to be a model department when it comes to this. We have noted the high profile matters that were dealt with by the IPID during this period. We expect to see the results of those investigations in the next few months. The IPID should continue to work with all stakeholders to make its work known in the most rural parts of our country. This is in line with the ethos of taking government to the people. We support Independent Police Investigative Directorate Annual Report 2012/13 iii the IPID’s efforts to establish satellite offices and to market its services to the furthest parts of our country. The outcomes of cases in this report confirm that while there are bad elements within the SAPS, in some cases the complaints against the police are unjustified and therefore result in acquittals. These are normal workings of our criminal justice system. We have noted the training interventions for IPID staff and would encourage further training to equip, especially investigators, with the necessary skills to carry out the mandate of the IPID. It is my pleasure to table the Annual Report of the Independent Police Investigative Directorate for 2012/13. Signature _____________________ Mr EN Mthethwa Minister of Police iv Independent Police Investigative Directorate Annual Report 2012/13 STATEMENT BY THE DEPUTY MINISTER OF POLICE The establishment of the IPID will brought in a new era of civilian oversight where the focus is on the investigation of specified serious crimes committed by members of the SAPS and the municipal police services. These include any death in police custody, death as a result of police action, the discharge of official firearms, rape, torture, assault and corruption. The IPID also identified other priorities such as reporting and monitoring recommendations made to the SAPS and the Director of Public Prosecutions (DPP). It also undertook to improve reporting and accountability practices; and to develop policy, reporting frameworks and standard operating procedures to regulate investigations. This report provides an important account of how this was done and where there were problems, clarifies the corrective measures put in place to avoid recurrence. As the Ministry of Police, we have noted some progress in certain areas and challenges in other areas. It is understood that a baby does not stand up and run – it first crawls and then walks before it can run. We see this report as part of the growth process. We expect to see better performance in the next cycle. In order for the IPID to succeed, it should collaborate with other agencies, including the SAPS, the National Prosecuting Authority (NPA), and the Secretariat for the Police and community stakeholders. Signature _____________________ Ms Mmakhotso Maggie Sotyu Deputy Minister of Police Independent Police Investigative Directorate Annual Report 2012/13 v ACCOUNTING OFFICER’S OVERVIEW This is the first time that we report as the Independent Police Investigative Directorate (IPID). Wandering into the unknown is always a challenge, more so when so much is expected of you. The implementation of the IPID Act, No. 1 of 2011 brought this point into sharp focus. Not only did we have to deal with a new mandate, but we also had to ensure that our systems and processes are ready for the IPID. There was an extensive process of changing our branding and corporate identity and distinguishing ourselves from our predecessor, namely the Independent Complaints Directorate (ICD). This was coupled with a radio campaign which ran on SABC radio stations over a three week period to inform our stakeholders that we were no longer the ICD and that we had more powers and a focussed mandate. That campaign was successful as it managed to get the new IPID known in a very short time. At the same time, the IPID was investigating high profile matters, especially the Cato Manor Unit. This investigation stretched the IPID’s resources to the limit. The investigation took place over six months and a large team of investigators were taken from other provinces and deployed to KwaZulu-Natal to assist with that investigation. In the end, 30 members of the Cato Manor Organised Crime Unit were arrested and are currently in the courts. In the middle of it all, the then Executive Director, Mr Francois Beukman, left to pursue personal interests. The Minister of Police then appointed me to act in that position. I was appointed to act right after the Marikana incident in which 34 people were allegedly shot by police. As the IPID we also had to deploy our investigators to that investigation. We deployed 43 investigators from all over the country to support that investigation. The Farlam Commission of Inquiry has since been appointed to investigate the events of that fateful day. The IPID submitted all the evidence that it had collected to the Farlam Commission. Both the Cato Manor and Marikana investigations had a severe impact on the performance of all IPID provincial offices where we took investigators from. We could have performed much better overall had it not been for the fact that investigators had to leave the work that they had in their offices and go work in these two big projects. Added to that is the fact that the IPID Act places significant reporting obligations on the members of the South African Police Service (SAPS) and Municipal Police Services (MPS). This means that matters that were never reported to the then ICD must now be reported to the IPID. These include complaints of a discharge of a police firearm, rape by a police officer and the rape of any person in police custody as well as assault and torture while members execute their duties. The effect of this is a significant increase in our workload. For instance, even though it is due to the reporting obligations only - assault cases increased by 218%. Rape matters numbered 168 cases, which is substantially higher than the previous reporting period. It is a concern that police officers face such serious charges. One of the high profile rape cases involves a Randburg Constable who was initially investigated for three (3) rapes and is now on trial for seventeen (17) counts of rape and kidnapping; and twelve counts of robbery. He also faces other rape charges in Hammanskraal and Polokwane in Limpopo. This is one of the biggest cases that the IPID has dealt with by sheer numbers of victims involved. The case is currently in court. vi Independent Police Investigative Directorate Annual Report 2012/13 Notwithstanding the challenges we faced, the IPID obtained an unqualified audit opinion for the 2012/13 financial year. With regard to performance, I am pleased to report that the backlog was reduced from over a thousand cases at the beginning of the financial year to just two hundred and thirty six (236) at the end of the financial year. There were fifty seven (57) convictions in criminal cases for various offences and 84 disciplinary convictions – all emanating from IPID investigations. Furthermore, some high profile cases were finalised in the courts. We were encouraged to see the matter of the shooting of 15 year old Thato Mokoka in Bramfischerville resulting in the conviction and sentencing of the accused to 17 years imprisonment. This was a marathon investigation and trial, both of which were concluded within eight (8) months. Another case is that of the shooting of fifteen year old Mlindeli Ngcobo, who was shot by a Constable in Pietermaritzburg after having the 15 year old had collided into the policewoman’s car. The policewoman was sentenced to a 15 year jail term by the Pietermaritzburg High Court. During the period under review, the IPID managed to complete three thousand nine hundred and sixty three (3963) investigations, which is 54% of our workload – this happened despite having to deploy our investigators from all provincial offices to the Marikana and Cato Manor projects. We also managed to make one thousand and forty (1040) disciplinary recommendations to the SAPS and one thousand and eighty (1080) recommendations to the Director of Public Prosecutions (DPP). As a result, we have five hundred and thirty eight (538) cases on the various court rolls around the country. The IPID arrested one hundred and twenty five (125) police officers in sixty eight cases for different offences all over the country. In one case, nine (9) police officers were arrested by the IPID for the death of Mozambican Taxi Driver, Mido Macia – who died after being dragged behind a police vehicle. The case is currently in court. We have complied with the Asset Management Reforms (AMR) milestones and have achieved the expected targets. Our management of the assets has improved during the period under review. Finally, I want to express the IPID’s gratitude for the support of the Minister of Police, Mr EN Mthethwa, MP, and his deputy, Ms MM Sotyu, MP, of the work of the IPID. The staff of the IPID around the country made the work in this report possible. Signature _____________________ Ms Koekie Mbeki Acting Executive Director Independent Police Investigative Directorate Annual Report 2012/13 vii Abbreviations, definitions and legislation Abbreviations HDI IPID ICD IPID NPA SAPS SMS TR PFMA ICT SCOPA Historically disadvantaged individual Independent Police Investigative Directorate Independent Complaints Directorate Independent Police Investigative Directorate National Prosecuting Authority South African Police Service Senior management service Treasury Regulations Public Finance Management Act Information and Communication Technology Special Committee on Public Accounts Definitions Acquitted – Convicted – Declined – Dismissed – Member – Referred – Unsubstantiated – means that a member was found not guilty of a criminal offence or misconduct means that a member was found guilty of either a criminal offence or misconduct means a decision taken by the DPP, SAPS/MPS not to institute criminal or disciplinary proceedings against a member means that a case cannot be investigated due to a lack of cooperation by the complainant/victim/referral authority or that the complainant cannot be traced or that the complaint was investigated by the IPID before and there are no new facts or that the suspect is deceased means an official appointed in terms of the SAPS Act 68 of 1995 as amended, and includes a member of the MPS means a case that is referred to the most appropriate organisation or institution by the Executive Director or Provincial Head means there is no evidence to support the allegations contained in the case and IPID cannot make a recommendation of wrongdoing against any member Full references to legislation Constitution of the Republic of South Africa Act 108 of 1996 Independent Police Investigative Directorate Act 1 of 2011 Criminal Procedure Act 51 of 1977 Domestic Violence Act 116 of 1998 Employment Equity Act 55 of 1998 Public Finance Management Act 1 of 1999 (as amended by the Public Finance Management Act 29 of 1999) South African Police Service Act 68 of 1995 viii Independent Police Investigative Directorate Annual Report 2012/13 GENERAL INFORMATION MISSION STATEMENT The aim of the Independent Police Investigative Directorate (IPID) is to ensure independent oversight over the South African Police Service (SAPS) and the Municipal Police Services (MPS), and to conduct independent and impartial investigations of identified criminal offences allegedly committed by members of the SAPS and the MPS, and make appropriate recommendations. Vision To promote proper police conduct in accordance with the principles of the Constitution. Mission An effective, independent and impartial investigating and oversight body that is committed to justice and acting in the public interest while maintaining the highest standards of integrity and excellence. Values The IPID aspires to adhere to the highest standards of ethical behaviour, integrity and the continuous application of our values. The following values are the core from which we operate and respond: Mutual respect and trust Integrity and honesty Transparency and openness Equity and fairness Courtesy and commitment Independent Police Investigative Directorate Annual Report 2012/13 ix LEGISLATIVE AND OTHER MANDATES Constitutional mandate Section 206(6) of the Constitution of the Republic of South Africa makes provision for the establishment of an independent police complaints body and stipulates that: “On receipt of a complaint lodged by a provincial executive, an independent police complaints body established by national legislation must investigate any alleged misconduct of, or offence committed by, a member of the police services in the province.” Current legislative mandates Background The former Independent Complaints Directorate (ICD) was established in 1997 in terms of chapter 10 of the SAPS Act 68 (1995), which pre-dates the 1996 Constitution, to promote consistent proper conduct by members of the SAPS and the municipal police services. The legal mandate of the ICD was primarily to investigate all deaths in police custody or as a result of police action, as well as criminal offences and serious misconduct alleged to have been committed by members of the SAPS and the municipal police services. The ICD functioned independently of the SAPS. Strengthening civilian oversight The IPID Act 1 of 2011 gives effect to the provision of section 206(6) of the Constitution, ensuring independent oversight of the SAPS and the municipal police services. With the promulgation of the IPID Act on 1 April 2012, the ICD was renamed the Independent Police Investigative Directorate (IPID). The Directorate thereby evolved from a complaints-driven organisation to an investigation-driven organisation. The IPID however, continue to reside under the Ministry of Police and functions independently of the SAPS. The objectives of the Act are to: Align provincial and national strategic objectives to enhance the functioning of the Directorate; Provide for independent and impartial investigation of identified criminal offences allegedly committed by members of the SAPS and the municipal police services; Make disciplinary recommendations to the SAPS resulting from investigations conducted by the Directorate; Provide for close cooperation between the Directorate and the secretariat; and Enhance accountability and transparency of the SAPS and the municipal police services in accordance with the principles of the Constitution. The IPID Act grants the Directorate an extended mandate which focuses on more serious and priority crimes committed by members of the SAPS and the municipal police services. It places stringent obligations on the SAPS and the municipal police services regarding reporting on matters that must be investigated by the IPID and the implementation of disciplinary recommendations. In terms of section 28 of the Act, the Directorate is obliged to investigate: a) Any death in police custody b) Death as result of police action x Independent Police Investigative Directorate Annual Report 2012/13 c) d) e) f) Complaints relating to a discharge of an official firearm by any police officer Rape by a police officer, whether the police officer is on or off duty Rape of any person in police custody Any complaint of torture or assault against a police officer in the execution of his or her duties g) Corruption matters within the police initiated by the executive director, or after a complaint from a member of the public or referred to the Directorate by the minister, a MEC or the secretary for the police service h) Any other matter referred to the IPID as a result of a decision by the executive director, the minister, a MEC or the secretary for the police service. Section 28 further provides that the Directorate may investigate matters relating to systemic corruption involving the police. Independent Police Investigative Directorate Annual Report 2012/13 xi INFORMATION ON PREDETERMINED OBJECTIVES Overall performance This section looks at the overall environment in which the IPID worked to achieve the strategic objectives set out in the 2012 to 2017 strategic plan, while continuing to improve the quality of the service it delivers to the public. Voted funds MAIN APPROPRIATION R’000 196 961 Responsible minister/ member of the executive council Administering department Accounting officer ADJUSTED APPROPRIATION R’000 197 898 Minister of Police ACTUAL AMOUNT SPENT R’000 171 449 (OVER)/UNDER EXPENDITURE R’000 26 449 Independent Police Investigative Directorate Executive Director Aim of vote The IPID is a National department listed in schedule 1 of the Public Service Act (1994), and listed as Vote 23 in the Estimates of National Expenditure 2012. The Directorate is financed from money that is appropriated to it by Parliament. Vote 23 gives financial effect to the IPID’s duty to service the public interest by acting with integrity and in accordance with its legislative mandate to investigate, among others, any misconduct or offences committed by members of the SAPS and the municipal police services. 1 Independent Police Investigative Directorate Annual Report 2012/13 SUMMARY OF PROGRAMMES The IPID’s work was performed through three main programmes. Programme 1: Administration This programme is responsible for the overall management of the IPID and support services. With the implementation of the new organisational structure of the IPID, programme 1 will gradually be expanded to include the coordination and provision of effective and efficient strategic support to the Directorate. Programme 2: Investigation and information management Programme 2 coordinates and facilitates the investigative process through the development of investigative policy and strategic frameworks that guide and report on investigations. Programme 3: Legal services Legal services manage and facilitate the provision of investigation advisory services and provide legal and litigation advisory services. Key strategic objectives The IPID’s strategic plan for 2012 to 2017 sets out 10 strategic objectives for the organisation. These objectives were the result of an on-going strategic-planning process. The strategic objectives were: Campaigns that increase public awareness of the provisions of the IPID Act, the Directorate’s functions and the utilisation of its services. Regular engagements with and reports to key stakeholders, including the SAPS, MPS, Civilian Secretariat for Police Services and other relevant Government and Civil Society Organisations Policies and guidelines that inform the standard operating procedures in support of the IPID mandate; and ensure compliance with regulatory and legislative prescripts. A performance measurement and reporting system supports management decision making and that enables the IPID to comply with internal and external accountability reporting. A system for the registration, allocation, tracking, management and reporting of investigations, the generation of reliable statistical information and the provision of general business intelligence. Completed investigations of cases in line with the provisions of the IPID Act, Regulations and Executive Director Guidelines. Recommendation reports to the SAPS regarding possible disciplinary steps and to the Prosecuting Authorities regarding possible criminal prosecution. Regular feedback reports to complainants, victims and referral authorities regarding the progress and outcomes of investigations. Independent Police Investigative Directorate Annual Report 2012/13 2 Management of the Directorate’s legal obligations, civil and labour litigation matters and the granting of policing powers to investigators. Legal advice and guidance to investigators during and after the completion of investigations. Additional priorities include: The strengthening of national and provincial management; Improve reporting and management accountability; Develop policy, reporting frameworks and standard operating procedures to regulate investigations; Report and monitor recommendations that are made in respect of members of the SAPS and the municipal police services; and Expand corporate governance, performance monitoring and evaluation and internal auditing. Overview of the 2012/13 service-delivery environment The IPID’s 2012 to 2017 strategic plan identified eight key areas in which to improve service delivery: Development of training manual for investigators Development of Standard operating procedures Development of investigation guidelines for investigators Training of investigators Renaming of ICD to IPID Implementation of expanded mandate Investigation of high profile cases (e.g. Marikana & Cato Manor) MOU with SAPS Overview of the 2012/13 organisational environment The new legislation had a direct impact on the administrative structure that supports the adjusted functions of the IPID. The IPID, however, continues to reside under the Ministry of Police. The activities of the IPID were organised into the following programmes, which are fully aligned with the strategic objectives identified in the strategic plan for 2012–2017: Administration (programme 1) Investigation and information management (programme 2) Legal services (programme 3) The investigative capacity in programme 2 was strengthened in 2012/13 to ensure compliance with the extended investigative mandate of the IPID and that accurate statistical information is available for monthly, quarterly, bi-annual and annual reporting. The office of the executive director was expanded to ensure effective corporate governance and monitoring and evaluation of performance. In addition, the office of the executive director was strengthened to meet the demands of additional obligations, including reporting to Parliament, monthly reporting to the minister, and, where relevant, reporting to MECs. The new legislation places stringent obligations on the SAPS and the municipal police services in the reporting of matters that must be investigated by the IPID and the implementation of 3 Independent Police Investigative Directorate Annual Report 2012/13 disciplinary recommendations. The capacity of the provincial offices was increased to comply with the new reporting processes as a result of the reporting obligations placed on the SAPS and MPS. Key strategic achievements Development of training manual for investigators Development of Standard operating procedures Development of investigation guidelines for investigators Training of investigators Renaming of ICD to IPID Implementation of expanded mandate Investigation of high profile cases (e.g. Marikana & Cato Manor) MOU with SAPS The 01 April 2012 saw the implementation of the IPID Act, which resulted in the successful transformation and renaming of the ICD to the IPID. This change also strengthened the mandate to include the investigation of the following matters: a) b) c) d) e) f) Any death in police custody; Death as result of police action; Complaints relating to a discharge of an official firearm by any police officer Rape by a police officer, whether the police officer is on or off duty Rape of any person in police custody Any complaint of torture or assault against a police officer in the execution of his or her duties g) Corruption matters within the police initiated by the executive director, or after a complaint from a member of the public or referred to the Directorate by the minister, a MEC or the secretary for the police service h) Any other matter referred to the IPID as a result of a decision by the executive director, the minister, a MEC or the secretary for the police service. Investigators were trained to prepare for the investigation of cases as per the IPID Act. The following training interventions were made: Recognition of Prior Learning: National Certificate: Resolving of Crime (this is meant for Investigator without a qualification) Nation Certificates: Resolving of Crime Nation Diploma: Policing Investigation of Corruption Investigation of Torture Investigation of Sexual Offences DNA Training Independent Police Investigative Directorate Annual Report 2012/13 4 Revenue, expenditure and other specific topics Revenue collection Departmental revenue is mainly generated from parking fees, commissions on insurance deductions and bursary debt recovery. Sales of goods and services other than capital assets Interest, dividends and rent on land Transactions in financial assets and liabilities TOTAL DEPARTMENTAL RECEIPTS 2009/10 ACTUAL 2010/11 ACRUAL 2011/12 ACTUAL 2012/13 TARGET 2012/13 ACTUAL 69 89 111 138 138 % DEVIATIO N FROM TARGET 0% 24 5 (1) 2 - 100% 61 74 15 44 41 6.8% 154 168 125 184 179 2.7% Departmental expenditure With the final appropriation of R197 898 000 in the year under audit, the Directorate`s actual expenditure came to 86,6% which in monetary value translates to R171 449 000. The budget`s allocation was prioritised to conduct public awareness of the Directorate`s mandate and functions through community awareness programmes, media campaigns and the establishment of satellite offices to increase public accessibility, however the establishment of earmarked satellite office could not take place due to the delays in procurement process that was conducted in conjunction with the Department of Public Works. Delays in filling some of the vacancies including appointment of provincial heads in all nine provinces has resulted into 8.0% under spending in compensation of employees. Transfer payments An amount of R95 000 was transferred to Safety and Security Sector Education Authority (SASSETA) as an administrative fee for skills development levy. In addition, R11 000 was in the period under review paid over to SABC for TV licences. Refer to the Annexure 1C to the Annual Financial Statement. Conditional grants and earmarked funds In the financial year under audit, the Directorate did not receive any conditional grant. An amount of R9 092 000 was allocated from the National Department of Public Works to cover for expenditure related to accommodation and municipal services. 5 Independent Police Investigative Directorate Annual Report 2012/13 Capital investment, maintenance and asset-management plan Capital investment The Independent Police Investigative Directorate has no capital investments. Maintenance The IPID occupies leased office buildings and does not own any of the properties. In view thereof, the IPID is not affected by any maintenance backlogs. Asset management The Directorate is accountable for movable assets in the form of office furniture and all assets have been captured in the asset register. The assets management compliances with minimum requirements have been achieved as expected. The Assets Register of the Directorate reflects all the required information such as description of assets; ICN; unique asset number/Bar codes; accountability information (Cost Centre Manager responsible - location and custodian); assets value. The BAS reconciliation was also performed on monthly basis to address the discrepancies between two used systems. The asset management system is fully implemented and complied with. The Directorate has complied with the Asset Management Reforms (AMR) milestones and has achieved the expected target. No problems experienced regarding the asset management reform. Independent Police Investigative Directorate Annual Report 2012/13 6 PROGRAMME PERFORMANCE Programme 1: Administration Purpose This programme is responsible for the overall management of the IPID and support services, including the coordination and provision of effective and efficient strategic support to the Directorate. Strategic objectives (outputs) In 2012/13, the work of Programme 1 was in compliance with the strategic objectives set out in the 2012 to 2017 strategic plan: Output 3.1.1 PUBLIC AWARENESS CAMPAIGNS Output statement Campaigns that increase public awareness of the provisions of the IPID Act, the Directorate’s functions and the utilisation of its services. Baseline Regular public awareness events and media campaigns in all provinces. Output 3.1.2 STAKEHOLDER MANAGEMENT Output statement Regular engagements with and reports to key stakeholders, including the SAPS, MPS, Civilian Secretariat for Police Services and other relevant Government and Civil Society Organisations Baseline Stakeholder engagements currently in accordance with framework and operational plan. Output 3.2.1 POLICIES AND GUIDELINES Output statement Policies and guidelines that – (a) inform the standard operating procedures in support of the IPID mandate; and (b) ensure compliance with regulatory and legislative prescripts. 7 Baseline Existing Standard Operating Procedures, Executive Director Guidelines and Human Resource and Finance policies. Output 3.2.2 PERFORMANCE MANAGEMENT SYSTEM Output statement A performance measurement and reporting system that supports management decision making and that enables the IPID to comply with internal and external accountability reporting in line with legislative requirements. Baseline Basic performance reporting system in existence and under review. Independent Police Investigative Directorate Annual Report 2012/13 Strategic objectives (outputs), performance indicators and annual targets for 2012/13 The Directorate issued eighty-two (82) media statements on its various investigations and responded to nine hundred and twenty four written media enquiries and held 5 media briefings around the country to communicate developments in the IPID’s investigations. These included the communication of the arrest of members of the Cato Manor Unit, which had drawn a lot of media attention. The investigation into the shooting of 15 year old Thato Mokoka in Bramfischerville, Soweto was another investigation which necessitated extensive media engagement. The IPID also ran a three week radio campaign to highlight its mandate, given the change from the ICD. The campaign which ran on all SABC radio stations around the country was a huge success as it ensured that in a very short time people knew what the IPID is and what sort of cases are investigated by it. The radio campaign played a major role in ensuring that the Directorate reaches as many South Africans as possible. Engagements with major stakeholders and the community received focus during the period under review and the Directorate was able to conduct three hundred and six (306) community awareness events, focusing on rural areas. The Standard Operating Procedure that regulates investigations was reviewed in line with the IPID Act and Regulations. Other relevant policies were also reviewed during the reporting period. Other policies were not reviewed due to capacity constraints. The Corporate Governance Directorate was established and 9 monitoring and evaluation reports were produced with recommendations on how to enhance good governance within the Directorate. The Directorate continued from the last reporting period to ensure that the finances are managed properly and managed to correct the misallocation of the budget. Furthermore, the IPID obtained an unqualified opinion of its financial statements. All Expenditure Reports were produced in line with the set target in order to ensure that the Directorate operated within allocated budget. Asset verification was performed on a quarterly basis in order to ensure accountability for allocated assets in line with good governance principles. The programme did not reach its targets in relation to keeping the vacancy rate below 10% and having 50% of females at senior management level, this was affected by the non-filling of 10 Chief Director posts as well as the Executive Director post. The Directorate will continue to strive to ensure that at least 2% of posts are filled by people with disabilities. 3.1.1 OUTPUT (STRATEGIC OBJECTIVE) PUBLIC AWARENESS CAMPAIGNS INDICATORS 1 Number of community outreach events conducted annually Independent Police Investigative Directorate Annual Report 2012/13 TARGETS 2012/13 ACTUAL PERFORMANCE REASONS FOR VARIANCE 306 outreach events conducted nationally Target met 306 8 STAKEHOLDER MANAGEMENT 3 UP TO DATE POLICIES AND GUIDELINES 4 PERFORMANCE MANAGEMENT SYSTEM 5 3.2.2 3.2.1 3.1.2 2 7 8 3.2.2 9 10 9 50 Number of formal engagements with key stakeholders held annually 4 87 media statements issued and 5 media briefings held. 924 media responses released Target met 5 engagements with stakeholders held Target met 31% of policies reviewed (15 out of 49 policies were reviewed). Target not met Some policies were not reviewed due to capacity constraints Component established and 9 monitoring and evaluation reports submitted to the Accounting Officer Target met 16 expenditure reports submitted Target met 65 asset verifications and updates of asset register done in each IPID office Target met 45 posts out of 349 were vacant, resulting in a vacancy rate of 12.9% Target not met: Non-filling of 10 Chief Director posts that have been vacant since 01 April 2012 and Executive Director post that is still vacant increased the vacancy rate 40% of senior positions occupied by females ( 8 out of 20 senior positions are filled by women) Target not met: Non-filling of 10 Chief Director posts that have been vacant since 01 April 2012 and Executive Director post that is still vacant contributed to failure to meet this target 4 out of 349 posts filled by people with disabilities, amounting to 1% of staff Target not met: The Directorate receives limited applications from people with disabilities 100% Percentage of policies reviewed by departmental Policy Review Committee annually 6 PERFORMANCE MANAGEMENT SYSTEM (continued) Number of formal media statements and responses released annually Number of performance monitoring and evaluation reports submitted Established Corporate Governance Component and set annual and quarterly targets Number of financial expenditure reports submitted 16 Number of asset verifications and updates of asset register completed 4 % vacancy rate Below 10% % females at senior – and top management level 50% % of staff complement consisting of people with disabilities 2% Independent Police Investigative Directorate Annual Report 2012/13 Programme 2: Investigation and information management Purpose This programme coordinates and facilitates the investigative process and develops investigative policy and strategic frameworks that guide and reports on investigations. The programme consists of the following sub-programmes: Sub-programme 1: Investigation Management This sub-programme manages and conducts investigations in line with provisions of the IPID Act, Regulations, Executive Director Guidelines and standard operating procedures. Sub-programme 2: Information management This sub-programme manages information and knowledge-management services through the development and maintenance of a case flow management system and the analysis and compilation of statistical information. Sub-programme 3: Policy development and provincial coordination This sub-programme develops investigative policies and standards and coordinates provincial strategic planning and performance. Strategic objectives (outputs) In 2012/13, the work of Programme 2 was in focussed on achieving the outputs set out in the 2012 to 2017 strategic plan: Output 3.3.1 CASE MANAGEMENT SYSTEM Output statement A system for the registration, allocation, tracking, management and reporting of investigations, the generation of reliable statistical information and the provision of general business intelligence. Baseline Flow-centric case management system and IPID database. Output 3.3.2 COMPLETED INVESTIGATIONS Output statement Completed investigations of cases in line with the provisions of the IPID Act, Regulations and Executive Director Guidelines. Baseline Baseline to be determined. Output 3.3.3 RECOMMENDATION REPORTS : 3.1 Disciplinary recommendations 3.2 Criminal recommendations Output statement 3.1 Recommendation reports to the SAPS regarding possible disciplinary steps; and 3.2 Recommendation reports to the Prosecuting Authorities regarding possible criminal prosecution. Independent Police Investigative Directorate Annual Report 2012/13 10 Baseline Recommendation reports generated within 30 days of completion of all investigations. Output 3.3.4 FEEDBACK REPORTS ON INVESTIGATIONS Output statement Feedback letters to complainants, victims and referral authorities regarding the outcome of investigations. Baseline Feedback reports generated within 30 days of closure of all investigations Strategic objectives (outputs), performance indicators and annual targets for 2012/13 In this programme, the Department met five out of seven of its targets. The IPID was successful in reducing the backlog to well below 656, at the end of the financial year there were only 236 backlog cases. The IPID also performed well in regard to both criminal and disciplinary recommendation reports by generating such reports within 30 days of completion of investigations. Feedback reports on the outcomes of investigations were sent to complainants within 30 days of closure of investigations. The Directorate managed to complete 3 963 investigations, which amounts to 54% of the total workload and it set targets for the outer years. OUTPUT (STRATEGIC OBJECTIVE) 3.3.1 CASE MANAGEMEN T SYSTEM 11 INDICATORS 1. 2. TARGETS 2012/13 Percentage of cases allocated within 48 hours of registration 95% (5 995) Number of statistical reports generated on the number and type of cases investigated, recommendations made and the outcomes thereof 19 ACTUAL PERFORMANC E REASONS FOR VARIANCE 86% 5 779 cases registered and allocated within 48 hours out of 6 728 received Target not met. Due to increase in workload and due to the reporting obligations by SAPS 18 reports generated Target not met. Due to management decision on the interpretation of IPID legislation, that only one half yearly report is required Independent Police Investigative Directorate Annual Report 2012/13 3.3.2 COMPLETED INVESTIGATIO NS 3. 4. RECOMMENDA TION REPORTS 5. 6. FEEDBACK REPORTS ON INVESTIGATIO NS 1 2 7. Percentage of all investigations completed within the financial year1 Number of back-log investigations (excluding cases of systemic corruption)2 Determine baseline and set targets for the outer years 54% (3 963) completed out of a total workload of 7 277 Target met. Baseline determined in outer years 656 236 Disciplinary recommendation reports generated within 30 days of completion of investigations All completed cases Criminal recommendation reports generated within 30 days of completion of investigations All completed cases Feedback reports regarding the outcome of investigations provided within 30 days of closure All closed cases 1040 recommendation reports out 1040 completed cases 1088 out of 1088 completed cases 1 267 reports out of 1 267 closed cases Target met. Backlog cases are less than the target thus the target has been exceeded Target met. Disciplinary recommendations generated within 30 days on all relevant completed cases Target met. Criminal recommendation generated within 30 days on all relevant completed cases Target met. Feedback reports done on all closed cases This refers to investigations carried over (but not older than 12 months from date of registration) as well as new investigations registered during the financial year. Backlog investigations refer to cases older than 12 months from date of registration. All back-log cases at the end of any given financial year must be completed within the following financial year. Independent Police Investigative Directorate Annual Report 2012/13 12 Programme 3: Legal services Purpose Programme 3 manages and facilitates the provision of investigation advisory services and provides legal and litigation advisory services. The programme consists of the following sub-programmes: Sub-programme 1: Legal and litigation advisory services This sub-programme manages the Directorate’s legal obligations, coordinating civil and labour litigation matters and coordinates the granting of policing powers to investigators. Sub-programme 2: Investigation advisory services The purpose of this sub-programme is to provide support during and after the completion of investigations. It provides legal advice and guidance to investigators, and ensures that cases that are forwarded for prosecution comply with the requirements of the prosecution process. Strategic objectives (outputs) Section 8(1) of the IPID Act establishes Legal Services as Programme 3. Although this programme provides a support function to the Directorate as a whole and to investigators in particular, there is a necessity to explicitly stipulate the outputs generated by this programme: Output 1 LEGAL AND LITIGATION ADVISORY SERVICES Output statement Management of the Directorate’s legal obligations, civil and labour litigation matters and the granting of policing powers to investigators. Baseline Programme to be established on implementation of the IPID – baseline to be determined. Output 2 INVESTIGATION ADVISORY SERVICES Output statement Legal advice and guidance to investigators during and after the completion of investigations. Baseline Programme to be established on implementation of the IPID – baseline to be determined. Strategic objectives (outputs), performance indicators and annual targets for 2012/13 This is a newly established Programme in terms of Section 8 (1)(d) of the IPID Act 1 of 2011. The nature of cases investigated by the IPID requires that legal advice and opinions be given to investigators. The advice given to investigators ranges from advice on effecting arrests to interpretation of legislation. The Programme succeeded in giving such legal advice and opinions to investigators in line with the set standards. The Directorate concludes contracts and service level agreements with various service providers in line with the Supply Chain Management prescripts. In addition, 17 service delivery complaints were dealt with through interacting with the provincial offices of the IPID around the country. 13 Independent Police Investigative Directorate Annual Report 2012/13 OUTPUT INDICATORS (STRATEGIC OBJECTIVE) LEGAL AND LITIGATION ADVISORY SERVICES 2012/13 1 2 INVESTIGATIO N ADVISORY SERVICES Targets 3 4 Percentage of contracts and service level agreements finalised within 21 working days of request Determine base line Percentage of legal opinions provided to the Directorate within 10 working days of request Determine base line Percentage of investigations in which legal advice was requested Determine base line Percentage of legal opinions provided to investigators within 24 hours of request Independent Police Investigative Directorate Annual Report 2012/13 ACTUAL PREFORMANCE REASONS FOR VARIANCE 44% completed within 21 working days Target met. (18 out of 41 SLA’s were finalised within the required time frame) Determine base line 60% completed within 10 working days Some Service Level Agreements were returned by the Accounting Officer due to a misunderstanding regarding the powers of the Bid Committee regarding approval. It was therefore not possible to finalise them within the time frame Target met. (58 out of 97 legal opinions were finalised within the required time frame Further particulars were requested in some cases and at times the requestors respond after a long time and that caused the delay 100% completed Target met. (100 out of 105 requests finalised within required time frame) This includes the processing of all PAIA matters, policing powers applications, queries and advice 100% completed (4 out of 4 legal opinions finalised within required time frame) Target met. All legal opinions to investigators were given within the required time frame 14 STATISTICAL REPORT 1. INTRODUCTION The purpose of this section of the report is to outline the investigative activities of the IPID for the 2012/13 financial year. This section details the number and type of cases investigated; the recommendations made as well as the outcome of those recommendations. The statistical report seeks to present a factual analysis of cases received in terms of Sec 28 of the IPID Act and the recommendations made to address same. 2. THE MANDATE OF THE IPID IN RESPECT OF INVESTIGATIONS AND RECOMMENDATIONS In terms of Section 28(1) of the IPID Act, Act 1 of 2011, the IPID is obligated to investigate the following matters: (a) any deaths in police custody; (b) deaths as a result of police actions; (c) any complaint relating to the discharge of an official firearm by any police officer (d) rape by a police officer, whether the police officer is on or off duty; (e) rape of any person while that person is in police custody; (f) any complaint of torture or assault against a police officer in the execution of his or her duties; (g) corruption matters within the police initiated by the Executive Director on his or her own, or after the receipt of a complaint from a member of the public, or referred to the Directorate by the Minister, an MEC or the Secretary, as the case may be; and (h) any other matter referred to it as a result of a decision by the Executive Director, or if so requested by the Minister, an MEC or the Secretary as the case may be, in the prescribed manner. In terms of Section 28(2) of the IPID Act, Act 1 of 2011, the IPID may investigate matters relating to systemic corruption involving the police. 3. CASE INTAKE IN TERMS OF THE IPID MANDATE Section 29 of the IPID Act places an obligation on members of the South African Police Service (SAPS) and Municipal Police Services (MPS), to report all matters referred to in Section 28(1) (a) to (g) to the IPID immediately upon becoming aware of such matters and within 24 hours in writing. The following is a statistical breakdown of the cases the Directorate received, the recommendations made and the manner in which the Directorate disposed of the cases it investigated during the period April 2012 to March 2013. NB: All percentages in this report are rounded off to the nearest decimal A total of 6728 cases were received by the IPID during the reporting period. The majority of the cases received were assault cases, namely 4 131. Seven hundred and three of all cases received were other criminal matters, whereas 670 were complaints of discharge of official firearms and 431 of the 15 Independent Police Investigative Directorate Annual Report 2012/13 cases were deaths as a result of police action. In instances where there was late or non-reporting, cases of non-compliance with the IPID Act were registered, these numbered 127 during the period under review. Table 1(a) below depicts the total number of cases received in the period under review, per category. Table 1(a): intake for the period under review Incident(s) Section 28(1)(a)-deaths in police custody 275 Section 28(1)(b)-deaths as a result of police action 431 Section 28(1)(c)-complaint of the discharge of an official firearm(s) 670 Section 28(1)(d)-rape by police officer 146 Section 28(1)(e)-rape in police custody 22 Section 28(1)(f)-torture 50 Section 28(1)(f)-assault 4131 Section 28(1)(g)-corruption 120 Section 28(1)(h)-other criminal matters 703 Section 28(1)(h)-misconduct 47 Section 28(2)-systemic corruption 6 Non-compliance with Section 29 of IPID Act 127 Total 6728 Of the 6728 cases received, 165 involved the members of the various Municipal Police Services (MPS) and in 6563 cases, members of the SAPS were suspects. Table 1(b) below depicts the total number of the cases received in the period under review involving members of both the SAPS and the MPS. No cases were received alleging that members of the various MPS were involved in deaths in police custody, rape in police custody, torture, systemic corruption or non-compliance with Section 29 of the IPID Act. Table 1(b): intake for the period under review Section 28(1)(a)-deaths in police custody Section 28(1)(b)-deaths as a result of police action Section 28(1)(c)-complaint of the discharge of an official firearm(s) Section 28(1)(d)-rape by police officer Section 28(1)(e)-rape in police custody Section 28(1)(f)-torture Section 28(1)(f)-assault Section 28(1)(g)-corruption Independent Police Investigative Directorate Annual Report 2012/13 SAPS 275 MPS - 415 16 641 29 141 5 22 - 50 - 4047 84 116 4 16 Section 28(1)(h)-other criminal matters Section 28(1)(h)-misconduct Section 28(2)-systemic corruption Non-compliance with Section 29 of IPID Act Total 677 26 46 1 6 - 127 - 6563 165 From the above statistics it is evident that 98% of the cases received or reported involved SAPS members and only 2% involved MPS members. Figure 1 shows the percentage of the cases received against SAPS members compared to MPS members during the period under review. Figure 1 SAPS and MPS percentage intake MPS member(s), 2% SAPS member(s), 98 % 17 Independent Police Investigative Directorate Annual Report 2012/13 The intake for 2012/13 increased by 37% when compared to 2011/12. The provinces that experienced an increase in their intake of cases are Eastern Cape followed by Western Cape, Free State, KwaZulu-Natal and Gauteng, whilst Northern Cape, Mpumalanga and North West, and Limpopo experienced a decrease in their intake of cases. Table 1(c) reflects the changes in intake for the period under review compared to the same period for the previous financial year. Table 1(C): Percentage changes of intake on the period of review Intake for 2011/12 Intake 2012/13 Provinces 351 708 Eastern Cape 562 1010 Free State 938 1139 Gauteng 484 772 KwaZulu-Natal 456 416 Limpopo 433 360 Mpumalanga 454 377 North West 388 306 Northern Cape 857 1640 Western Cape 4923 6728 Total Independent Police Investigative Directorate Annual Report 2012/13 Percentage changes 102% 80% 21% 60% -9% -17% -17% -21% 91% 37% 18 19 Independent Police Investigative Directorate Annual Report 2012/13 Figure 2. Sixty-one percent of the cases reported were assaults. Complaints of the discharge of official firearm(s) and other criminal matters amounted to 10% respectively. Of the assault cases reported, the majority were common assaults. These cases make up the bulk of the cases investigated by the IPID during the period under review. The common assaults range from a push to a smack. The overall impact of this on the work of the IPID is discussed later in the report. Figure 2 below shows the breakdown of the intake in percentages. Independent Police Investigative Directorate Annual Report 2012/13 20 37 23 52 44 34 24 23 9 29 275 Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Deaths in police custody Eastern Cape Deaths as a result of police action 431 37 8 23 37 28 102 118 31 47 670 277 9 26 1 68 4 96 81 108 Discharge of official firearm Table 2: Intake per provinces and per category-2012/13 Province 146 37 9 9 0 9 24 27 15 16 22 0 1 0 0 1 4 10 5 1 Torture/assault 4181 1142 228 256 194 246 419 569 730 397 120 11 4 4 2 12 56 9 14 8 750 82 23 36 92 11 105 249 72 80 6 - - - - - - 1 2 3 127 25 15 - 10 7 14 8 37 11 compliance with IPID Act no 1 of 2011 Systemic corruption Other criminal matters Corruption Rape in police custody Rape by police officials 6728 1640 306 377 360 416 772 1139 1010 708 Table 2 shows the total number of cases received per province and per category for the period under review. The Western Cape received the highest number of cases (1640), followed by Gauteng (1139) and Free State (1010). The majority of the intake related to assault cases, most of which were reported in the Western Cape. Most deaths in police custody and deaths as a result of police action were reported in Gauteng as well as in KwaZulu-Natal. The Western Cape reported the highest number of rapes by police officers as well as complaints of the discharge of official firearms. KwaZulu-Natal reported 56 corruption cases out of 120 – which is the highest in the country. Overall, the highest number of cases reported to the IPID in the period under review was reported in the Western Cape. Cases of non-compliance with IPID Act reporting obligations by members of SAPS/MPS were reported mostly in the Free State. Total 3.1. INTAKE AS PER SECTION 28(1)(a) AND (b) – DEATHS IN POLICE CUSTODY AND DEATHS AS A RESULT OF POLICE ACTION Deaths in police custody and deaths as a result of police action refer to actual incidents and not the number of deceased. There are therefore more deceased than there are incidents, for instance in the Marikana shooting incident, one case was registered but there were 34 deceased. There were more deaths as a result of police action than there were deaths in police custody. Overall, Gauteng had the highest reported cases numbering 118 (27%), followed by KwaZulu-Natal with 102 (24%) cases and the Eastern Cape with 47 (11%) cases. Table 3(a) below depicts the number of incidents of deaths in police custody and deaths as a result of police action received per province for the period under review as well as the relevant percentages. Table 3(a): Deaths in police custody and as a result of police action Province Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Deaths in police custody 37 13% 23 8% 52 19% 44 16% 34 12% 24 9% 23 8% 9 3% 29 11% 275 100% Deaths as a result of police action 47 11% 31 7% 118 27% 102 24% 28 6% 37 9% 23 5% 8 2% 37 9% 431 100% Total incidents 84 54 170 146 62 61 46 17 66 706 12% 8% 24% 21% 9% 9% 6% 2% 9% 100% Overall there was an increase of 19% in incidents of deaths in police custody in 2012/13 compared to the corresponding reporting period in 2011/12. Six provinces experienced an increase in deaths in police custody namely, North West, Limpopo, Free State, Western Cape and KwaZulu-Natal, while there was a decrease in all other provinces. Table 3(b) below compares the number of incidents of deaths in police custody received during the financial year 2012/13 to the same period in the previous financial year. Table 3(b): Deaths in police custody Province 2011/12 Eastern Cape 41 Free State 16 Gauteng 58 KwaZulu-Natal 43 Limpopo 18 Mpumalanga 14 North West 9 Northern Cape 9 21 2012/13 37 23 52 44 34 24 23 9 Percentage changes -10% 44% -10% 2% 89% 71% 156% 0% Independent Police Investigative Directorate Annual Report 2012/13 Western Cape Total 24 232 29 275 21% 19% Overall, deaths as a result of police action decreased by 12%. The Eastern Cape, KwaZulu-Natal, Limpopo and Gauteng experienced decreases ranging from 10% to 29%. The remaining provinces experienced increases, except for the Free State, where there was no change. Table 3(c) below compares the number of incidents of deaths as a result of police action received during the financial year 2012/13 to the corresponding period in 2011/12. Table 3(c): Deaths as a result of police action Province 2011/12 Eastern Cape 66 Free State 31 Gauteng 131 KwaZulu-Natal 137 Limpopo 38 Mpumalanga 31 North West 19 Northern Cape 5 Western Cape 30 Total 488 2012/13 47 31 118 102 28 37 23 8 37 431 Percentage changes -29% 0% -10% -26% -26% 19% 21% 60% 23% -12% Figure 3 below shows the percentage of reported death cases. Deaths in police custody amounted to 39% while deaths as a result of police action amounted to 61%. Figure 3. Overall, there were 431 incidents of deaths as a result of police action and 485 deceased. In some incidents there was more than one victim. North West recorded twenty-three (23) incidents of and sixty (60) deceased. This was due to the unrests in Marikana which resulted in the shooting of 34 people in one incident. Reported deaths falling outside the mandate of the IPID Of the 706 deaths reported by members of the SAPS, it was established that 37 cases should not have been reported as they fell outside the mandate of the IPID. These cases should therefore be Independent Police Investigative Directorate Annual Report 2012/13 22 excluded from the total of 706 incidents reported. The fact that these cases fall outside the mandate of the IPID was only established after investigations were conducted. This indicates a need for training of SAPS members on the mandate of the IPID to ensure proper reporting. In some cases there were allegations that the suspects were SAPS members, however upon investigation it was established that no SAPS members were involved. In one investigation in Rustenburg, it was alleged that a sex worker was assaulted and died as a result but upon investigation it was established that the sex worker was in fact alive. Furthermore, it was established that municipal workers were involved in an operation to rid the town of sex workers and not the SAPS. Table 3(d): Reported cases outside mandate of IPID Incident(s) Private vehicle – off duty Knife – off duty SAPS members not involved Private firearm – off duty Assault by police officer – off duty Deceased died after being released from police custody Total 4 2 27 1 1 2 37 Table 4 shows the total number of incidents of deaths as a result of police action and the number of deceased per province for the period under review. Table 4: Deaths as a result of police action - Scenes and the number of deceased Province Incidents of death Number of deceased Eastern Cape 47 49 Free State 31 31 Gauteng 118 126 KwaZulu-Natal 102 107 Limpopo 28 28 Mpumalanga 37 37 North West 23 60 Northern Cape 8 9 Western Cape 37 38 Total 431 485 Most deaths in police custody happened due to injuries sustained in police custody. These ranged from assaults by either fellow inmates or the police, hanging which is self-inflicted, and some cases were as a result of torture and suffocation. In four cases, the deceased died due to vehicle collisions while being conveyed in police vehicles. There were 77 deaths due to natural causes. In many instances, the deceased were taken into custody with existing conditions. In these cases, the police would not be responsible for the deaths. 23 Independent Police Investigative Directorate Annual Report 2012/13 In regard to deaths resulting from injuries sustained prior to custody, 73 were due to assault by members of the community involved in vigilante activities. In four cases the deceased committed suicide prior to being taken into custody. Table 5(a): Intake per circumstances - Deaths in custody Injuries sustained in custody Assaulted Suffocation Suicide (Accidental suicide or other) Suicide (Hanging) Torture Suicide (Shooting) Vehicle collision while in police operated vehicle Injuries sustained prior to custody Assaulted (Vigilantism) Suicide (Shooting) Suffocation Suicide (Accidental suicide or other) Suspects in vehicle collision, while being pursued by police Natural Causes Total Incident(s) 118 13 2 1 94 3 1 4 80 73 4 1 1 1 77 275 A further analysis of suicide by hanging was done. It reflected that most of the incidents happened in the Gauteng and Western Cape provinces. The least number of suicides occurred in the North West. Table 5(b) below shows the extent of incidents of suicide which happened in police custody per province. Table 5(b): Injuries sustained in custody - Suicide Province Suicide (Hanging) Eastern Cape 12 Free State 14 Gauteng 17 KwaZulu-Natal 6 Limpopo 6 Mpumalanga 12 North West 2 Northern Cape 8 Western Cape 17 Total 94 Percentages 13% 15% 18% 6% 7% 13% 2% 8% 18% 100% In 72 of the 94 suicide incidents reported, prohibited items were used to commit suicide (hanging) in police custody. In some cases, torn or old blankets and torn mattresses were used to commit suicide. This goes against the relevant SAPS standing orders for custody management. Where prohibited instruments were used, the IPID recommended that disciplinary action be taken against responsible members. Independent Police Investigative Directorate Annual Report 2012/13 24 Table 5(c) shows the instruments used to commit suicide whilst in police custody. Table 5(c): Instrument used to commit suicide Instrument(s) Belt(s) Blanket strap(s) Jersey Cloth(s) Mattress reinforcement Sheet(s) Rope Shoelace(s) Socks Trouser strip Total Incident(s) 10 20 22 10 1 1 14 13 1 2 94 The analysis of circumstances surrounding deaths as a result of police action reveals that most deaths occurred during police operations which include arrest and response to crime. In most of these deaths, service firearms were used and in a few cases, the victims were assaulted and tortured. Other deaths occurred due to domestic violence and negligent handling of official vehicle. A smaller number of deaths involved innocent bystanders. Vehicle accidents also accounted for some of the deaths as a result of police action. Table 6 below shows the circumstances in which deaths as a result of police action occurred in the financial year 2012/13. Table 6: Intake per circumstances-deaths as a result of police action A suspect died during the course of a crime Shot with service firearm Suicide (Shooting) A suspect died during the course of an escape Shot with service firearm A suspect died during the course of an investigation Shot with service firearm Suicide (Accidental suicide or other) Assaulted Torture A suspect died during the course of arrest Shot with service firearm Assaulted Suicide (Accidental suicide or other) Suicide (Shooting) Shot with private firearm 25 Incident(s) 86 84 2 11 11 28 14 3 9 2 156 137 9 2 7 1 Independent Police Investigative Directorate Annual Report 2012/13 An innocent bystander died during commission of a crime Shot with service firearm An innocent bystander died during the course of an escape of another Shot with service firearm Crowd Management related incidents Shot with service firearm Domestic Violence related deaths Shot with service firearm Assaulted Suicide (Shooting) Negligent handling of a firearm leading to a death Shot with service firearm Suicide (Shooting) Negligent handling of an official vehicle leading to a death Struck by police official (pedestrian accident) Struck by police official (vehicle accident) Vehicle collision while in police operated vehicle Negligent handling of private vehicle leading to a death Struck by police official (pedestrian accident) Struck by police official (vehicle accident) Private capacity related death Shot with service firearm Assault Total 15 15 7 7 15 15 42 35 2 5 15 13 2 32 20 7 5 3 1 2 21 17 4 431 Of the 706 deaths in police custody and deaths as a result of police action, 422 occurred at crime scenes. Of these deaths, most were due to shooting incidents and vigilantism – in this case, the deceased were taken into police custody as suspects. One hundred and eight (108) deaths occurred in police cells. Table 7 below shows places where deaths occurred. Table 7: Places where deaths occurred Places Ambulance/transit Hospital/clinic Police cells Police vehicle Crime Scene Total Independent Police Investigative Directorate Annual Report 2012/13 Incident(s) 37 131 108 8 422 706 26 3.2. INTAKE AS PER SECTION 28(1)(c) – COMPLAINT OF THE DISCHARGE OF AN OFFICIAL FIREARM(S) Complaints of the discharge of official firearms are part of our new mandate that came about as a result of the IPID Act; the ICD did not specifically deal with such cases. From the onset it was not clear what IPID could expect in terms of workload in such cases. The high number of these cases had an impact on the resources that needed to be deployed to investigate these matters. Table 8 below depicts the total number of incidents of complaints of the discharge of official firearms and the relevant percentages per province. Most reports came from the Western Cape (277) followed by Eastern Cape (108) and Gauteng (96). Table 8: Complaint of the discharge of an official firearm(s) Province Incident(s) Eastern Cape 108 Free State 81 Gauteng 96 KwaZulu-Natal 4 Limpopo 68 Mpumalanga 1 North West 26 Northern Cape 9 Western Cape 277 Total 670 3.3. Percentages 16% 12% 14% 1% 10% 0% 4% 2% 41% 100% INTAKE AS PER SECTION 28(1)(d) – RAPE BY POLICE OFFICER(S) The implementation of the IPID Act has revealed a disturbing trend with regard to cases of rape by police officer(s). As per the legislation, these matters must be reported and investigated, irrespective whether the members were on or off duty. Most of the reported cases of rape while members were on duty occurred in Gauteng – no such cases were reported in Mpumalanga. The Western Cape (30) received most incidents of rape while members were off duty, followed by Free State (14) and KwaZulu-Natal (13). Table 9 below shows the incidents of rape by police officer(s) whilst on or off duty per province. Province Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West 27 On duty Off duty Incident(s) 4 1 24 11 6 1 12 14 3 13 3 8 16 15 27 24 9 9 Independent Police Investigative Directorate Annual Report 2012/13 Northern Cape Western Cape Total 1 7 55 8 30 91 9 37 146 With regard to rape by police officer(s) it is evident that most incidents of rape occurred while police officer(s) were off duty (62%). Figure 4 below depicts rape by police officer(s) whilst on and off duty. Figure 4 3.4. INTAKE AS PER SECTION 28(1)(e) – RAPE IN POLICE CUSTODY The incidents of rape in police custody were committed by both members who were on duty and civilians who were in police custody. Out of 22 such cases, 13 were committed by police officers. Gauteng (10) received most incidents of rape in police custody by police officer(s). This could be attributed to the lack of command and control as well as poor custody management. While there are Standing Orders dealing with custody management, the implementation thereof is clearly not adequate. Table 10 below shows the incidents of rape in police custody per province. Table 10: Rape in police custody Province Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Civilians 1 3 3 1 1 9 Independent Police Investigative Directorate Annual Report 2012/13 Police officer(s) 2 10 1 13 Incident(s) 1 5 10 4 1 1 22 28 Figure 5 below depicts rape in police custody by civilian(s) and police officer(s). Fifty-nine percent (59%) of the rapes in police custody were allegedly committed by police officers and forty-one percent (41%) by civilians. Figure 5 3.5. INTAKE AS PER SECTION 28(1)(f) – TORTURE / ASSAULT Table 11(a) below shows the total number and the percentages of cases received related to torture and assault per province. The highest number of cases were reported in the Western Cape (1142) followed by the Free State (730) and Gauteng (769). There were instances where there were multiple victims in one incident. North West received four incidents where there were 41, 40, 38 and 34 victims respectively. South Africa is a signatory to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). Due to the gap in our legal framework, which does not criminalise torture, offences that are allegedly committed as torture cannot be prosecuted as such. Table 11(a): Torture or assault Province Torture Eastern Cape 35 Free State Gauteng 3 KwaZulu-Natal 8 Limpopo Mpumalanga North West 4 Northern Cape Western Cape Total 50 29 Assault 362 730 566 411 246 194 252 228 1142 4131 Total 397 730 569 419 246 194 256 228 1142 4181 Percentages 9% 17% 14% 10% 6% 5% 6% 6% 27% 100% Independent Police Investigative Directorate Annual Report 2012/13 The majority of the cases reported were assault common with 68%, followed by assault GBH with 30%. Overall, cases of assault increased by 218% compared to cases received by ICD (1313). The reason for this significant increase is the fact that during the ICD era, such cases were investigated by the SAPS and there was no obligation on the part of the SAPS to report such cases to the ICD. The wording of the legislation had the unintended consequences of burdening the Directorate with less serious matters of common assault. These matters could include a shove or a smack or even a threat of assault. The effect is that the IPID must invest resources in collecting the matters from the police and investigating them. In most instances such matters are withdrawn or the perpetrators get away with an admission of guilt fine. The total number and the percentages of cases received related to torture or assault per description is shown in Table 11(b) below. Table 11(b): Torture or assault Description Assault - common Assault - crowd management Assault - dog attack Assault - indecent Assault - sexual Assault - torture-beating Assault - torture-electrocution Assault - torture-suffocation (bag) Assault - torture-suffocation (tube) Assault - with intent to do grievous bodily harm (GBH) Total 3.6. Incident(s) 2855 6 20 6 8 37 1 6 6 1236 4181 Percentages 68% 0% 1% 0% 0% 1% 0% 0% 0% 30% 100% INTAKE AS PER SECTION 28(1)(g) – CORRUPTION The fight against corruption remains a challenge, this calls for the review of current controls in order to improve the control environment within SAPS and MPS to eliminate opportunity for corruption. During the reporting period, a number of cases of corruption were reported. The majority of these cases were reported in KwaZulu-Natal which accounts for 47 % of all cases received. These cases range from extortion or soliciting bribes to the sale of exhibits, see Table 12(a). In one case in KwaZulu-Natal, three policemen demanded a bribe of R4000 from a complainant in return for making the case disappear. The complainant came to the IPID and a trap operation was set up. The three suspects collected R2500 from the complainant at an earlier date. When two of the suspects arrived to collect the balance, they were arrested. When they appeared in court, the third suspect was pointed out in the public gallery by the complainant. When he appeared in court the next day, another court orderly went to the magistrate with an envelope containing money – he said it was petrol money from the attorney of the suspect who was applying for bail. The magistrate Independent Police Investigative Directorate Annual Report 2012/13 30 opened a case of corruption against the attorney and his client – he also recused himself from the bail application. Table 12(a): Corruption Province Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Incident(s) 8 14 9 56 12 2 4 4 11 120 Percentages 7% 12% 7% 47% 10% 2% 3% 3% 9% 100% In an analysis of cases received, the majority of the cases were related to extortion or soliciting a bribe, followed by sale, theft of exhibits and sale, theft and/or destruction of police dockets. Table 12(b) depicts the total number and the percentages of cases received related to corruption per description. Table 12(b): Corruption Description Corruption - Aiding escape from custody Corruption - Extortion or soliciting a bribe Corruption - Issuing of fraudulent documents Corruption - Sale, theft and/or destruction of police dockets Corruption - Sale, theft of exhibits Total Incident(s) 6 90 3 10 11 120 Percentages 5% 75% 3% 8% 9% 100% 3.7. INTAKE AS PER SECTION 28(1)(h) – OTHER CRIMINAL MATTERS AND MISCONDUCT Other criminal matters and misconduct are matters that were referred to IPID by the Minister, MEC or the Secretary for Police. They include matters where the Executive Director decides to investigate or by exercising his/her decision to investigate after being requested to do so by SAPS or any other person having regard to the seriousness of the offence or misconduct. The misconduct cases were investigated after IPID was satisfied that SAPS intervention at Provincial or National level did not satisfy the complainant and there were grounds to intervene in the interest of justice. It is important to note that while Section 206(6) of the Constitution enjoins the IPID to investigate cases of misconduct and criminal offences, Section 28(1)(h) of the IPID Act enables the IPID to investigate all criminal matters and misconduct cases not provided for in Section 28(1)(a)-(g). 31 Independent Police Investigative Directorate Annual Report 2012/13 The IPID recorded a total of 703 other criminal offences, ranging from attempted murder, pointing of firearm and fraud to mention only a few. Table 13(a) shows the total number and the percentages of cases received of other criminal matters per province. Most of these cases were reported in Gauteng (239), followed by the KwaZulu-Natal (96) and Mpumalanga (91). Table 13(a): Other criminal matters Province Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Incident(s) 76 69 239 96 9 91 35 23 65 703 Percentages 11% 10% 34% 14% 1% 13% 5% 3% 9% 100% The breakdown of other criminal matters per type of offence indicates that the majority of the cases were attempted murder, the rest of the offences collectively accounted for the remaining 33%. Of the 539 attempted murder cases, ten (10) incidents involved multiple victims. For example, the Marikana unrest, resulted in 270 victims. Table 13(b) below indicates the total number and the percentages of other criminal matters by description. Table 13(b): Other criminal matters Description Arson Attempted murder Crimen Injuria Defeating the ends of justice Fraud Harassment Housebreaking Intimidation Kidnapping Malicious damage to property Complaint of pointing of an official firearm Possession of suspected stolen property Receiving suspected stolen property Robbery Theft Total Independent Police Investigative Directorate Annual Report 2012/13 Incident(s) 2 539 11 33 12 5 1 5 2 10 46 2 15 6 14 703 Percentages 0% 77% 2% 5% 2% 1% 0% 1% 0% 1% 6% 0% 2% 1% 2% 100% 32 The IPID refers cases of misconduct to SAPS to deal with them. The IPID focuses on serious offences as per Section 28(1)(a)-(g). Our comparative analysis shows that there has been a 97% decrease in the number of misconduct cases dealt with by the IPID as compared to ICD in the corresponding reporting period. The ICD dealt with 1795 cases of misconduct while IPID only dealt with 47 cases. This is due to the implementation of the IPID legislation that focuses on criminal matters, but still allows for the discretion to investigate exceptional misconduct matters. The Western Cape (17) recorded the highest number of misconduct cases, followed by Gauteng (10) and KwaZulu-Natal (9). Table 13(c) below, indicates the total number and the percentages of misconduct cases reported per province. Table 13(c): Misconduct Province Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Incident(s) 4 3 10 9 2 1 1 17 47 Percentages 9% 7% 21% 19% 4% 2% 2% 36% 100% It is also important to present misconduct complaints received by nature of contravention. The majority of misconduct cases reported related to the improper performance of functions. In such cases, the IPID recommends that the concerned official be charged according to SAPS Disciplinary Regulations. Table 13(d) indicates the types of misconduct complaints received. Table 13(d): Misconduct Description Neglects his or her duty Performs his or her function in an improper manner Service delivery complaint Total 33 Incident(s) 16 28 3 47 Percentages 34% 60% 6% 100% Independent Police Investigative Directorate Annual Report 2012/13 3.8. INTAKE AS PER SECTION 28(2) – SYSTEMIC CORRUPTION Section 28(2) of the IPID Act indicates that the Directorate may investigate matters of systemic corruption involving the SAPS/MPS. The IPID defines systemic corruption as an institutionalised, endemic manipulation of a system by individuals or networks/organisations, taking advantage of weakness in the processes and systems for illicit gain, where there are leadership deficiencies, collusion and/or abuse of power. Table 14 below shows the total number and the percentages of systemic corruption cases received per province. A total of six (6) cases were investigated during the financial year 2012/13. Table 14: Systemic corruption Province Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Independent Police Investigative Directorate Annual Report 2012/13 Incident(s) 3 2 1 6 Percentages 50% 33% 17% 100% 34 3.9. INTAKE AS PER SECTION 33(1)-(5) NON-COMPLIANCE WITH SECTION 29 OF THE IPID ACT According to Section 29 of the IPID Act, members of the SAPS and MPS should immediately notify the Directorate of any matters referred to in Section 28 (1)(a)-(f). SAPS members should report immediately upon becoming aware and within 24 hours submit a written report to the Directorate. SAPS members must provide their full cooperation in IPID investigations, which includes the arrangement of identification parades, availing members for affidavits and any other information required. Failure to comply with the aforesaid requirements, constitutes an offence in terms of Section 33 of the IPID Act. The 127 cases reported below, were registered by the IPID upon the failure of members of the SAPS to comply with Section 29 of the IPID Act. The total number and percentages of cases opened by IPID related to non-compliance with the IPID Act per province is depicted in Table 15 below. The largest number of non-compliance cases were registered in the Free State (37), followed by the Western Cape (25) and Northern Cape (15). No such cases were registered in the North West. Table 15: Non-compliance with Section 29 of the IPID Act Province Incident(s) Eastern Cape 11 Free State 37 Gauteng 8 KwaZulu-Natal 14 Limpopo 7 Mpumalanga 10 North West Northern Cape 15 Western Cape 25 Total 127 35 Percentages 9% 29% 6% 11% 5% 8% 12% 20% 100% Independent Police Investigative Directorate Annual Report 2012/13 SECTION B: PERFORMANCE INFORMATION 4. THE NUMBER OF CASES RECEIVED A total number of 6728 cases were reported to the IPID during the 2012/13 financial year. The Western Cape received the majority of cases (1640), followed by Gauteng (1139) and the Free State (1010). Table 17 shows the total cases received and the percentages of cases received by the respective provinces. Table 17: Total and percentages received Provinces Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Independent Police Investigative Directorate Annual Report 2012/13 Total 708 1010 1139 772 416 360 377 306 1640 6728 Percentage received 11% 15% 17% 11% 6% 5% 6% 5% 24% 100% 36 ALLOCATED CASES PER PROVINCE Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Deaths in custody 34 23 42 40 33 18 23 9 18 240 Deaths as a result of police action 43 31 105 92 28 27 23 8 27 384 101 81 93 4 66 0 26 9 164 544 Discharge of an official firearm Table 18: Allocated cases within 48 hours Provinces Rape by a police officer 15 15 27 22 9 0 9 9 21 127 Rape in custody 1 5 9 4 1 0 0 1 0 21 33 0 3 4 0 0 4 0 0 44 Assault 345 729 502 360 236 154 250 222 732 3530 Corruption 8 14 7 50 10 1 4 4 10 108 Systematic Corruption 3 2 1 0 0 0 0 0 0 6 Noncompliance with IPID Act 11 37 6 12 7 6 0 15 22 116 73 69 217 85 8 73 35 23 42 625 Other criminal offence Torture 3 3 10 7 1 1 1 0 8 34 The Directorate’s standard for allocating cases is 95% within 48 hours. This standard measures the time from which a case is registered by the Directorate until such time that it is allocated to an individual case worker for investigation. Table 18 shows the total number of cases that were allocated within 48 hours, by the respective provinces. IPID received a total of 6728 cases during the period under review and managed to allocate 5779 cases within 48 hours. An allocation rate of 86% was therefore achieved. 5. Misconduct 37 Independent Police Investigative Directorate Annual Report 2012/13 670 1009 1022 680 399 280 375 300 1044 5779 Total Independent Police Investigative Directorate Annual Report 2012/13 38 Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Deaths in custody 3 10 4 1 6 11 35 Deaths as a result of police action 4 13 10 10 10 47 7 3 2 1 113 126 Discharge of an official firearm Table 19: Allocated cases after 48 hours Provinces Rape by a police officer 1 2 16 19 Rape in custody 1 1 2 4 6 Assault 17 1 64 51 10 39 2 6 410 600 2 6 2 1 1 12 Systematic Corruption - Noncompliance with IPID Act 2 2 4 3 11 Other criminal offence 3 22 11 1 19 23 79 Misconduct Corruption Torture 1 2 1 9 13 All cases were allocated to respective case workers and table 19 shows the total number of cases not allocated within 48 hours by the respective provinces. These cases numbered 949. 38 1 117 92 17 80 2 6 596 949 Total 6. WORKLOAD The workload is comprised of cases that were carried over from the previous financial year plus cases received during the current reporting period. 6.1. CASES CARRIED OVER FROM 2011/2012 The cases that were not completed in the previous reporting period, were carried over to the current reporting period. Table 20 below shows cases carried over from the financial year 2011/12 to the financial year 2012/13. It can be observed that Gauteng (278) carried over the largest number of cases into the new financial year, followed by KwaZulu-Natal (89) and Western Cape (61). Table 20: The total of active cases carried over per province Provinces Total Eastern Cape 29 Free State Gauteng 278 KwaZulu-Natal 89 Limpopo 21 Mpumalanga 58 North West 7 Northern Cape 6 Western Cape 61 Total 549 Percentage received 5% 0% 51% 16% 4% 11% 1% 1% 11% 100% From the active workload carried over from the previous financial year and the cases received during the period under review, it can be observed that the total active workload was 7 277 cases as indicated in Table 23 below. Table 21: Active workload per province Provinces Carried over from previous financial year Eastern Cape 29 Free State Gauteng 278 KwaZulu-Natal 89 Limpopo 21 Mpumalanga 58 North West 7 Northern Cape 6 Western Cape 61 Total 549 39 Cases received during the current financial year 708 1010 1139 772 416 360 377 306 1640 6728 Total workload 737 1010 1417 861 437 418 384 312 1701 7277 Independent Police Investigative Directorate Annual Report 2012/13 Independent Police Investigative Directorate Annual Report 2012/13 40 Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Deaths in custody 40 23 72 45 35 24 23 9 29 300 108 81 97 4 73 2 26 9 277 677 16 15 27 25 9 9 9 37 147 Deaths as a result of police action Complaint of discharge of an official firearm Rape by a police officer 49 31 151 123 30 41 23 8 43 499 Rape in custody 1 5 10 4 1 1 22 35 3 8 4 50 362 730 646 459 257 221 252 234 1142 4303 Assault Torture Table 22: Active workload for the period under review, per classification Provinces Corruption 8 14 18 57 12 5 4 4 11 133 Systematic Corruption 3 2 1 6 Noncompliance with IPID Act 11 37 8 14 7 10 15 25 127 100 69 350 107 11 112 39 23 114 925 Other criminal offence 4 3 34 15 2 3 4 23 88 737 1010 1417 861 437 418 384 312 1701 7277 Total The highest number of cases in terms of the active workload was classified as assault, followed by cases of other criminal offences, complaints of discharge of official firearms and cases of deaths as a result of police action. Table 22 below shows the total number of active workload, per category, during the financial year 2012/13. Misconduct 7. COMPLETION OF CASES Completion of cases refers to an investigation where the IPID has done everything within its ability to obtain evidence in order to make the appropriate recommendations on the case. Table 23 below shows the total number and percentages of completed cases by respective provinces. It can be observed that Free State has completed 89% of its active workload in the current financial year, followed by the North West with 85% and Northern Cape with 81%. IPID achieved an overall completion rate of 54% in the period under review. The Eastern Cape, Gauteng, KwaZulu-Natal and the Western Cape all performed below the national average completion rate. Table 23: Percentages of completed cases by the province Provinces Total workload Total cases completed Eastern Cape 737 357 Free State 1010 898 Gauteng 1417 600 KwaZulu-Natal 861 308 Limpopo 437 326 Mpumalanga 418 295 North West 384 328 Northern Cape 312 253 Western Cape 1701 598 Total 7277 3963 41 Percentages of completed cases 48% 89% 42% 36% 75% 71% 85% 81% 35% 54% Independent Police Investigative Directorate Annual Report 2012/13 Independent Police Investigative Directorate Annual Report 2012/13 42 Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total 20 23 16 20 30 19 22 7 23 180 Deaths in custody Table 24: Classification of completed cases Provinces Deaths as a result of police action 23 28 71 73 27 37 18 6 36 319 Complaint of discharge of an official firearm 43 72 6 53 1 23 4 191 393 Rape by a police officer 12 14 15 14 8 7 8 28 106 Rape in custody 1 5 2 2 1 1 12 Torture 10 1 3 14 Assault 169 644 329 137 185 141 221 196 239 2261 4 12 5 13 8 3 2 2 4 53 Systematic Corruption 2 2 Noncompliance with IPID Act 10 37 5 4 6 15 18 95 62 58 123 39 6 93 28 14 38 461 Other criminal offence Corruption 3 3 27 6 2 1 4 21 67 357 898 600 308 326 295 328 253 598 3963 Total The number and type of criminal cases received and investigated in terms of Section 28 of the IPID Act varies from province to province and Table 24 below shows the number of completed cases by the respective provinces per category during the period under review. The highest category of cases completed was in respect of alleged assault (2261) followed by other criminal offences (461), discharge of an official firearm (393) and deaths as a result of police action (319). Misconduct 43 Independent Police Investigative Directorate Annual Report 2012/13 COMPLETION OF DEATH IN POLICE CUSTODY AND AS A RESULT OF POLICE ACTION (COMBINED) Table 25: Death in police custody and as a results of police action Workload Completed cases Provinces Deaths in Deaths as a Deaths in Deaths as a custody result of police custody result of police action action Eastern Cape 40 49 20 23 Free State 23 31 23 28 Gauteng 72 151 16 71 KwaZulu-Natal 45 123 20 73 Limpopo 35 30 30 27 Mpumalanga 24 41 19 37 North West 23 23 22 18 Northern Cape 9 8 7 6 Western Cape 29 43 23 36 Total 300 499 180 319 Total completed 43 51 87 93 57 56 40 13 59 499 Total workload 89 54 223 168 65 65 46 17 72 799 48% 94% 39% 55% 88% 86% 87% 76% 82% 62% Percentages The IPID is mandated to investigate all deaths in police custody and as a result of police action in terms of Section 28 (1)(a) and (b) and Table 25 below shows the workload versus completion of these cases per province. In the period under review, the IPID achieved a 62% completion rate on death related matters. The Eastern Cape, Gauteng and KwaZulu-Natal all performed below the national average (62%), the rest of the provinces managed to achieve completion rates above the national average. 7.1. Independent Police Investigative Directorate Annual Report 2012/13 44 COMPLETION OF CRIMINAL OFFENCES (EXCLUDING DEATH CASES) Table 26: Criminal offences, excluding death cases Provinces Total workload Eastern Cape 644 Free State 953 Gauteng 1160 KwaZulu-Natal 678 Limpopo 370 Mpumalanga 350 North West 334 Northern Cape 295 Western Cape 1606 Total 6390 Total completed 311 844 486 209 267 238 284 240 518 3397 Percentages 48% 89% 42% 31% 72% 68% 85% 81% 32% 53% The IPID has a mandate to investigate matters that fall within the scope of Section 28(1)(c)-(h) of the IPID Act and Table 26 below shows the workload versus completion of criminal offences per province. The IPID achieved a 53% completion rate in the period under review. The Eastern Cape, Gauteng, KwaZulu-Natal and the Western Cape all performed below the national average (53%), the rest of the provinces managed to achieve completion rates above the national average. 7.2. 45 Independent Police Investigative Directorate Annual Report 2012/13 COMPLETION OF MISCONDUCT CASES Table 27: Misconduct Provinces Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Misconduct workload 4 3 34 15 2 3 4 23 88 Misconduct completed cases 3 3 27 6 2 1 4 21 67 Percentages 75% 100% 79% 40% 100% 33% 100% 91% 76% Even though the IPID is mandated to investigate acts of criminality by SAPS/MPS members, it can also investigate misconduct cases as indicated in the departments Standard Operating Procedures, which indicates that all internal remedies up to the level of Provincial Commissioner should have been exhausted by the victim and Table 27 below shows the workload versus completion of misconduct offences per provinces. IPID achieved a 76% completion rate in the period under review. Gauteng and KwaZulu-Natal all performed below the national average (76%), the rest of the provinces managed to achieve completion rates well above the national average. The Eastern Cape missed the national average by one percent, whereas the Northern Cape did not have any misconduct cases. 7.3. Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total 82 62 128 55 35 50 34 20 20 486 Deaths in custody Table 28: Post Investigative Monitoring per classification Provinces Deaths as a result of police action 268 61 253 358 122 83 95 21 56 1317 12 13 16 13 8 5 12 28 107 Complaints of the discharge of official firearm(s) Rape by a police officer 40 29 6 111 1 22 4 189 402 1 2 2 1 1 7 Torture 10 6 1 18 35 Assault 157 431 815 130 337 384 215 184 232 2885 4 8 21 6 9 5 4 5 4 66 Systematic Corruption 1 1 10 19 5 3 4 2 18 61 Noncompliance with IPID Act Corruption Table 28 below shows the total of PIM cases carried by the respective provinces at the end of the financial year 2012/13. Other criminal offence 353 512 384 395 33 112 497 409 61 2756 40 472 493 83 2 66 202 181 1 1540 Misconduct 977 1610 2129 1044 662 701 1092 839 609 9663 Total IPID had a total of 9 663 cases that were in the post investigative monitoring period, which consists of 486 cases of deaths in police custody, 1317 cases of deaths as a result of police action, 402 cases of complaints of the discharge of official firearms, 107 cases of rape by police officers, 7 cases of rape in police custody, 35 cases of torture, 2885 cases of assault, 66 cases of corruption, 1 case of systematic corruption, 61 cases of non-compliance with IPID Act, 2756 cases of other criminal offences and 1540 cases of misconduct. PIM cases are defined as cases in which investigation is completed, but not yet closed. For instance, cases in which the Directorate is relying on other stakeholders in the Criminal Justice Cluster to perform their functions, these include cases where technical reports are still outstanding, court roll cases and where the Directorate is awaiting decisions on criminal prosecution or departmental prosecutions. 7.4. POST INVESTIGATIVE MONITORING (PIM) CARRIED OVER COMPLETED WORKLOAD, PER CATEGORY, BY THE END OF THE FINANCIAL YEAR 2012/13 Rape in custody Independent Police Investigative Directorate Annual Report 2012/13 46 47 Independent Police Investigative Directorate Annual Report 2012/13 ATTENDANCE OF CRIME SCENES AND POST MORTEMS Table 29: Death crime scenes attended and not attended Number of scenes attended Number of scenes not attended Provinces Deaths in Deaths as a Deaths in Deaths as a custody result of custody result of police action police action Eastern Cape 22 29 15 18 Free State 19 23 4 8 Gauteng 22 88 30 30 KwaZulu-Natal 16 77 28 25 Limpopo 19 15 15 13 Mpumalanga 19 28 5 9 North West 12 12 11 11 Northern Cape 9 7 1 Western Cape 23 29 6 8 Total 161 308 114 123 Scenes not attended 33 12 60 53 28 14 22 1 14 237 Scenes attended 51 42 110 93 34 47 24 16 52 469 Totals 84 54 170 146 62 61 46 17 66 706 Grand total Table 29 shows the total number of death crime scenes attended and the total number of scenes not attended within 24 hours per province. 61% 78% 65% 64% 55% 77% 52% 94% 79% 66% Percentages The attendance of death crime scenes forms part of the investigation process and plays a pivotal role in the completion of case investigations. The IPID did not manage to attend all crime scenes, which amounts to a total of 237 death crime scenes not attended. In terms of deaths in police custody, there was not always a crime scene to attend as some victims passed away in hospital. IPID attended 66% of the crime scene within 24 hours of being reported. The IPID attends both death crime scenes and post mortems. In a number of cases, death crime scenes were not attended due having been cleared by the time the matters were reported and where it was not practical to keep the scene intact until the arrival of IPID investigators because of long distances – in such cases the death crime scenes were reconstructed. 8. Independent Police Investigative Directorate Annual Report 2012/13 48 Table 30: Post mortems attended and not attended Number of post-mortems Number of post-mortems attended not attended Provinces Deaths in Deaths as a Deaths in Deaths as a custody result custody result Eastern Cape 27 34 10 15 Free State 18 23 5 8 Gauteng 25 99 27 27 KwaZulu-Natal 24 76 20 31 Limpopo 17 18 17 10 Mpumalanga 20 29 4 8 North West 11 53 12 7 Northern 6 9 3 Cape Western Cape 26 33 3 5 Total 174 374 101 111 Total not attended 25 13 54 51 27 12 19 3 8 212 Total attended 61 41 124 100 35 49 64 15 59 548 Totals 88% 72% 71% 76% 70% 66% 56% 80% 77% 83% 86 54 178 151 62 61 83 18 67 760 Percentages Grand total Table 30 shows the total number of post mortems attended and the total number of post mortems not attended per province. IPID attended 72% of the post mortems. No post mortems were attended when cases were reported late and where deaths were due to natural causes. 49 Independent Police Investigative Directorate Annual Report 2012/13 Table 31: Criminal case crime scenes attended Provinces Complaint Rape by Rape in of a police custody discharge office of an official firearm Eastern Cape 8 Free State 5 1 1 Gauteng 2 2 KwaZulu-Natal 1 Limpopo 4 1 Mpumalanga North West Northern Cape Western Cape 1 Total 19 4 3 Assault 2 1 1 4 Torture - Table 31 shows the total number of criminal case crime scenes attended. - Corruption - Systematic Corruption 4 8 1 50 63 Other criminal offence 12 17 5 2 5 50 1 1 93 Total The IPID provincial and satellite offices attended a number of crime scenes on criminal cases that were not death cases. A total of 93 criminal case crime scenes were attended, which includes 19 scenes of a complaint of a discharge of an official firearm, 4 scenes of rape by a police officer, 3 scenes of rape in police custody, 4 scenes of assault and 38 scenes of other criminal offences. Independent Police Investigative Directorate Annual Report 2012/13 50 CRIMINAL RECOMMENDATIONS TO NPA AND COURT ATTENDANCE Deaths as a result of police action Deaths in custody Eastern Cape 19 Free State 2 6 Gauteng 3 KwaZulu-Natal 4 Limpopo 10 Mpumalanga 8 22 North West 3 8 Northern Cape 2 2 Western Cape 6 13 Total 21 87 NB This table includes data from ICD Provinces 11 5 22 3 6 4 51 8 8 3 3 6 9 37 Complaint of discharge of an official firearm Rape by a police officer Table 32(a): Criminal recommendations generated Rape in custody 1 1 1 3 Torture 5 5 Assault 126 124 16 7 91 78 73 82 86 683 3 2 1 6 Systematic Corruption - 8 8 3 6 13 8 46 Noncompliance with IPID Act Corruption 34 8 8 3 5 56 19 12 4 149 215 161 27 20 139 164 106 125 131 1088 Total Table 32(a) shows the total number of criminal recommendations generated to the NPA by the respective provinces for the period under review. After the completion of every criminal investigation where there is evidence of wrong doing, recommendations are forwarded to the NPA who, based on the evidence at hand, makes a decision whether or not to institute criminal proceedings against the suspect(s). A total of 1088 recommendations were made to NPA for decisions, which comprised of 108 cases of deaths, 51 cases of complaints of the discharge of official firearms, 37 cases of rape by police officers, 3 cases of rape in police custody, 5 cases of torture, 683 cases of assault, 6 cases of corruption, 46 cases of non-compliance with IPID Act and 149 cases of other criminal offences. 9. Other criminal offence - - - - 1 2 - 3 6 Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Deaths in custody Eastern Cape Provinces Deaths as a result of police action 6 40 7 - 4 4 5 3 5 6 Complaint of discharge of an official firearm 2 8 1 1 - - - - 2 2 4 11 - - 1 2 - 4 - Rape by a police officer Table 32(b): Criminal recommendations referred 1 1 - - - - - - 0 - - - - - - - Assault 90 384 79 21 22 65 7 5 79 16 Corruption Torture Rape in custody 1 7 - - 2 - - 1 3 Table 32(b) below refers to recommendation reports that were forwarded to the NPA for decisions. Systematic Corruption 0 - - - - - - - Non-compliance with IPID Act 6 17 - - 4 1 - 6 - 6 71 8 3 15 19 2 2 5 11 Other criminal offence 118 545 95 26 43 96 17 10 102 38 Of the 1088 recommendations generated, 545 recommendations were referred to the NPA. Three hundred and eighty four of these recommendations were for assault. One thousand and eighty-eight recommendation reports were generated and 545 were referred to the NPA for decision, the remaining reports (543) were not referred due to fact that the allegations were unsubstantiated and did not warrant a recommendation to be forwarded to the NPA. Total 51 Independent Police Investigative Directorate Annual Report 2012/13 Independent Police Investigative Directorate Annual Report 2012/13 52 Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total 2 1 3 4 4 1 15 Deaths as a result of police action 5 71 71 113 63 32 14 6 37 412 4 1 48 53 Complaint of discharge of an official firearm Deaths in custody Table 34: Number of days spent in court Provinces Rape by a police officer 32 23 9 15 9 20 108 1 1 - Assault 59 54 6 64 9 41 6 4 243 2 16 5 1 24 Corruption Torture Rape in custody Table 34 shows the total number of days spent in court per province in the period under review. Systematic Corruption - Non-compliance with IPID Act 3 3 Other criminal offence 2 38 8 9 8 25 68 4 162 - Misconduct The amount of days cases spent in court form part of the process between completion and closure of cases. Where criminal recommendations were accepted by the NPA, the cases went to court and IPID investigators attended court dates. Most days in court were spent on cases of deaths as a result of police action and assault cases. A total number of 1021 days were recorded for court attendance. 7 209 161 156 207 66 137 13 65 1021 Total DISCIPLINARY RECOMMENDATIONS 13 4 27 6 6 16 2 4 15 93 Deaths as a result of police action Deaths in custody Eastern Cape 2 Free State 3 Gauteng 1 KwaZulu-Natal Limpopo 1 Mpumalanga 6 North West 2 Northern Cape 3 Western Cape 7 Total 25 NB This table includes data from ICD Provinces 17 9 14 2 6 12 60 2 1 3 Complaint of discharge of an official firearm Rape by a police officer Table 35(a): Disciplinary recommendations generated Rape in custody 12 4 3 1 6 14 40 Torture 7 7 Assault 112 82 44 9 37 70 55 65 105 579 5 2 2 1 1 2 13 Non-compliance with IPID Act 8 14 3 1 4 13 15 58 38 9 9 7 3 58 6 9 18 157 Other criminal offence Corruption Table 35(a) shows the total number of disciplinary recommendations generated by the respective provinces to SAPS. Misconduct 5 5 Part of the mandate of the IPID is to make disciplinary recommendations to the SAPS after a complaint has been investigated and the investigation has been completed. A total number of 1040 departmental recommendations were made to SAPS during the period under review. The majority of the recommendations made related to assault (579) and other criminal offences (157). 10. 214 127 89 30 66 150 68 107 189 1040 Total 53 Independent Police Investigative Directorate Annual Report 2012/13 Independent Police Investigative Directorate Annual Report 2012/13 54 - 2 - 1 - - - 1 2 6 Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Deaths in custody Eastern Cape Provinces 89 19 5 5 16 9 7 6 4 43 10 5 1 1 4 1 3 8 10 36 15 4 - - 1 6 2 8 Deaths as a result of police i Complaint of discharge of an ffi i l fi Rape by a police officer 18 1 1 - - - - - - - - Rape in custody Table 35(b): Disciplinary recommendations referred 0 - - - - - - - - - Assault 439 98 44 53 38 34 9 11 60 92 Corruption 12 1 - 1 - - 2 - 1 7 0 0 0 0 0 0 0 0 0 0 Systematic Corruption Torture Table 35(b) below refers to recommendation reports that were forwarded to the SAPS for a decision. Noncompliance with IPID Act 44 14 11 - - 4 1 3 6 5 Other criminal offence 118 15 8 4 32 11 6 7 5 30 Misconduct - - - - - - - - - - Out of 1040 recommendations generated, only 788 were referred to the SAPS. At the time of reporting, the rest of the recommendations had not been sent to the SAPS. 788 175 78 64 87 63 33 30 88 170 Total CONVICTIONS AND ACQUITTALS 3 - - 3 Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Deaths in custody Table 36: Disciplinary convictions Provinces Deaths as a result of police action 6 1 1 1 1 1 1 Discharge of an official firearm 2 1 - 1 - Rape by a police officer 13 3 7 2 1 - Rape in custody - - - - - - Assault 28 2 7 7 7 4 1 2 - 2 - Systematic Corruption - - - Non-compliance with IPID Act 3 1 2 - Other criminal offence 13 2 1 5 5 - Misconduct Corruption Torture - 14 13 1 - Table 36 shows the total number of disciplinary convictions that were received by the respective provinces during the period under review. 84 18 14 22 18 5 4 1 2 Not only does the IPID make criminal recommendations for prosecution of suspects but it also makes disciplinary recommendations to the SAPS/MPS relating to disciplinary steps to be taken against the said members. A total of eighty four (84) disciplinary convictions were received. Of these, 28 disciplinary convictions were for assault, 14 for misconduct, 13 for rape by police officers and 13 for other criminal offences. No member(s) were convicted in disciplinary proceedings in Mpumalanga. 11.1. DISCIPLINARY CONVICTIONS 11. Total 55 Independent Police Investigative Directorate Annual Report 2012/13 Independent Police Investigative Directorate Annual Report 2012/13 56 Table 37: Details of disciplinary convictions No. CCN Station 1 2011110253 Litsitele 2 2011110238 Tsakane 3 2011100269 Northern Cape Command 4 2008060515 Lichtenburg 5 2010030090 Zeerust 6 2010100624 Mmabatho 7 2011010316 Phokeng 8 2011050454 Phokeng 9 2011070229 Phokeng 10 2008090045 Wolmanranstad 11 2011040338 Odendaalsrus 12 2010070239 Pretoria Central 13 2009030485 Rustenburg 14 2010030213 Phokeng 15 2010100069 Tlhabane 16 2010100570 Phokeng 17 2010120112 Rustenburg 18 2011050191 Boitekong 19 2011060352 Madikwe 20 2012040145 Boithuso 21 2011060060 Heidedal 22 2012060307 Bothaville Provincial Improper performance Improper performance Improper performance Improper performance Improper performance Improper performance Theft Rape Murder Improper performance Improper performance Improper performance Improper performance Improper performance Improper performance Improper performance Common assault Common assault Common assault Nature of complaint Murder Improper performance Support Improper performance The details of disciplinary convictions against members of the SAPS are shown in Table 37. Written warning Reprimand Written warning Verbal warning Verbal warning Verbal warning Written warning Dismissal from service Dismissal from service Corrective counselling Referred for counselling Verbal warning Verbal warning Verbal warning Verbal warning Written warning Fine an amount of R800 Verbal warning Verbal warning Sentence / Sanction Dismissal from service Final written warning Written warning In 20 cases, police officers were dismissed from the SAPS for offences ranging from murder to rape. In five cases member of the SAPS were sentenced to suspended dismissals. 57 Independent Police Investigative Directorate Annual Report 2012/13 2012080307 2012060404 2007080065 2009120159 2012060173 2013020082 2011040180 2010120445 2011020623 2012030423 2012040040 2010040056 2012040059 2012040052 2012050001 2012040168 2012050287 2012040054 2012070284 2012060258 2012060254 2012060257 2012050447 2012060040 2012090154 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Colesburg Bredasdorp Caledon Brackenfell Keimoes Colesburg Norvalspont Keimoes Norvalspont Jan Kempdorp Groblershoop Olifantshoek Keimoes Reitgat Etwatwa Marydale Keimoes Olifantshoek Taung Potchefstroom Swartruggens Mokopane Bothaville Mdantsane Hartebeesfontein Written warning Dismissed from the service Written warning & fined an amount of R300 Improper performance Written warning Assault common Written warning Assault GBH Written warning Assault GBH Dismissed from the service, suspended for six months Murder Dismissed from the service Murder Dismissed from the service Assault GBH Fine amount of R500 Assault GBH Fine amount of R500 Assault GBH Member was suspended for three months without salary Drunk Driving Dismissed from the service, wholly suspended for six months Discharge of firearm in a municipal area Fine amount of R750 Rape Dismissed from the service Assault GBH Written warning Rape Dismissed from the service Assault GBH Member was suspended for three months without salary and final written warning Rape Dismissed from the service Assault GBH Written warning Contravening of Section 29 of the IPID Written warning Act Assault GBH Written warning Murder Written warning Rape Written warning Contravening of Section 29 of the IPID Verbal warning Act Common assault Armed robbery Improper performance Independent Police Investigative Directorate Annual Report 2012/13 58 2012080204 2012050144 2012080030 2012080180 2012110239 2012070100 2012120226 2012040244 2012070250 2012100232 2012100241 2012120359 2012060510 2012090545 2013020462 2012040032 2012050548 2012060228 2012100141 2012050010` 2012060091 2012050459 2012070011 2012060177 2012060286 2012070320 2012050152 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Whittlesea Whittlesea Motherwell Barkly East Robertson Wellington Mosselbay KwaNonqaba Ceres Beaufort West Bellville Mitchell’s Plain Graaf Reinett Elliot Humewood Seymour Elsiesriver Langa Saldanha Kraaifontein Mitchell’s Plain Montagu Langebaan Ladismith Kleinvlei Parow De Rust Member dismissed from service Member suspended for 6 months and fine of R300 Attempted Murder Corrective counselling Assault Written & 3 verbal warnings Rape Member dismissed from service Assault Verbal warning Assault Common Members received Final written warning, 3 final written warnings & verbal warning Attempted Murder Final written warning & corrective counselling Assault GBH Written warning Assault GBH Written warning Contravening of Section 29 of the IPID Written warning Act Rape Member dismissed from service Assault Common Verbal warning Assault Common Final written warning Rape Dismissed on 2013/03/05 Attempted Murder Dismissed from service Attempted Murder Dismissed from service Rape Dismissed from service Rape Dismissed from service Discharge of firearm in a municipal area Verbal Warning Assault Common Final Written Warning Rape Dismissed from Service Attempted Murder Fined R500. Suspended for 6 months Attempted Murder Dismissed from Service Assault Dismissed from Service Corruption Dismissed from Service Sexual Assault Suspension without salary for 3 months Rape Attempted Murder 59 Independent Police Investigative Directorate Annual Report 2012/13 2012070621 2012090061 2012080561 2012080640 2012080149 2012080213 2012050042 2012070059 2011010569 77 78 79 80 81 82 83 84 2012060490 2012060093 75 76 Sulenkama Dordrecht Msinsini Jansenville Mount Aylliff & Tsolo Burthust Beacon Bay Sterkspruit Dordrecht Rape Assault Common Murder Assault Common Murder Assault Assault Common Assault Common Negligent handling of a firearm Corruption Written Warning Dismissed from Service Dismissal and suspended for 6 months and R400 fine Dismissal suspended for 6 months Final Written warning Dismissed from Service and dismissal suspended for 6 months Found guilty and fined R500 Dismissal suspended for 6 months and fined R500 Fined an amount of R500 Final written warning Independent Police Investigative Directorate Annual Report 2012/13 60 DISCIPLINARY ACQUITTALS - 3 Mpumalanga North West Northern Cape Western Cape Total Provinces 3 - Deaths in custody Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo 4 - 1 2 1 Deaths as a result of police action Table 38: Disciplinary acquittals Discharge of an official firearm 1 - 1 - Rape by a police officer 2 - 2 - Rape in custody - - - - - - 8 - 8 - - - - Systematic Corruption - - - Noncompliance with IPID Act - - - 24 - 24 - Other criminal offence Corruption Assault Torture Table 38 shows the total number of departmental acquittals that were received by the respective provinces during the period under review. Misconduct 6 - 6 - The IPID made disciplinary recommendations to the SAPS/MPS in respect of disciplinary steps to be taken against members of the SAPS. A total of fortyeight (48) disciplinary acquittals were received. Of these, there were 24 acquittals on other criminal offences, all from the Free State. 11.2. Total 48 - 3 42 4 1 61 Independent Police Investigative Directorate Annual Report 2012/13 Improper conduct Improper conduct Defeating the ends of justice Improper conduct Improper conduct Improper conduct Improper conduct Rape Malicious damage to property Improper conduct Assault Intimidation Improper conduct Corruption Corruption Improper conduct Housebreaking Improper conduct Improper conduct Receiving suspected stolen property Robbery Corruption Intimidation Corruption Crimen injuria Common assault Ladybrand Ladybrand Navalsig Tweespruit Hobhouse Bloemspruit Parkroad Ventersburg Thabong Welkom Welkom Welkom Bothaville Welkom Wesselsbron Bultfontein Hertzogville Batho Virginia Parkroad Meloding Hoopstad Kagisanong Mangaung Tweespruit Boithuso 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2010120122 2010120127 2010040300 2010050325 2011010576 2011010134 2012070303 2010040055 2010010136 2011010160 2010070628 2010090236 2010080003 2010020348 2010080262 2010040325 2010040295 2010040018 2010030634 2010070224 2010050166 2010050291 2010040223 2010120247 2012010067 2012010110 Nature of complaint Improper conduct Improper conduct Table 39: Details of disciplinary acquittals No. CCN Station 1 2010020390 Kagisanong 2 2010120069 Ladybrand Table 39 sets out the details of disciplinary acquittals in which SAPS members were found not guilty. Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Sentence / sanction Acquitted Acquitted Independent Police Investigative Directorate Annual Report 2012/13 62 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2012040107 2012060635 2012070575 2012060635 2012050387 2012060648 2012080677 2012070310 2012050479 2012020366 2012060450 2012040305 2012050468 2011080261 2011090225 2012080475 2012040199 2012070672 2012020468 2012030309 Fouriesburg Boithuso Thabong Boithuso Bultfontein Kroonstad Allanridge Meloding Bultfontein Kopanong Tseki Kagisanong Meloding Viljoenskroon Namakgale East London Ngqamakwe KwaDwesi KwaMashu Newcastle Assault Attempted murder Attempted murder Attempted murder Common assault Discharge of firearm in a municipal area Common assault Common assault Common assault Reckless and negligent driving Assault Discharge of an official firearm Attempted murder Improper conduct Improper conduct Rape Death as a result of police action Endangering the lives of others Murder Murder Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted CRIMINAL CONVICTIONS Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Provinces Deaths in custody - - 4 10 6 2 1 3 1 27 Deaths as a result of police action Table 40: Criminal convictions - Complaint of discharge of an official firearm Rape by a police officer 4 4 Rape in custody - - 2 5 3 10 1 1 2 - Systematic Corruption Corruption Assault Torture Table 40 shows the total number of criminal convictions that were received by the respective provinces during the period under review. - 2 1 3 1 3 2 2 14 9 1 10 10 12 1 3 8 3 57 Total A total of fifty-seven (57) criminal convictions were received, which comprised of twenty seven (27) deaths as a result of police action, four (4) complaints of the discharge of official firearms, eleven (11) assaults, two (2) corruption matter and thirteen (13) other criminal matters. The IPID investigated acts of criminality allegedly committed by members of the SAPS/MPS and brought these members to justice. Recommendations were forwarded to the NPA and matters were placed on the court rolls. The IPID provided its support to the court processes by testifying in the relevant matters. The courts made rulings, some of which resulted in convictions. 11.3. Noncompliance with IPID Act Other criminal offence 63 Independent Police Investigative Directorate Annual Report 2012/13 Independent Police Investigative Directorate Annual Report 2012/13 64 2009040337 2011050378 2008020548 2008080551 2010040449 2011060112 2012020278 2007070477 2010060213 2010040237 2009070546 2008010196 2008110473 2011060324 2008110157 2012040106 2008120181 2008090212 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Galeshewe Dobsonville Hillbrow Brackendowns Sasolburg Hartebeespoortdam Daveyton Amanzimtoti Greenwood Park Vaalbank Windsorton Mmabatho Ikamvelihle Kimberly Hlogotlou Mankweng Mankweng Mankweng Attempted murder Murder Murder Murder Defeating the ends of justice Malicious damage to property Murder Defeating the ends of justice Corruption Murder Malicious damage to property Assault GBH Attempted Murder Culpable homicide Assault GBH Assault GBH Murder Attempted murder Table 41 : Details of criminal convictions No. CCN Station Nature of complaint 1 2007100624 Marble Hall Murder 2 2008040202 Lebowakgomo Murder 3 2010040449 Mankweng Assault 4 2012040310 Vaalwater Assault 5 2011080027 Kimberley Assault common Sentence / sanction Sentenced to three years imprisonment Sentenced to fifteen years imprisonment Sentenced to six years, suspended for five years Fined R400 on admission of guilt Fined R2000 or two months imprisonment of which half is suspended for five years Sentenced to three years imprisonment Sentenced to four month imprisonment suspended for five years Sentenced to eighteen months imprisonment Sentenced to twelve years imprisonment Six years and suspended to five years on condition that accused is not found guilty or attempted murder during the period of suspension Fined R800 or 80 days imprisonment Sentenced to seventeen years in prison of which five years were suspended Sentenced to ten years imprisonment Sentenced to fifteen years imprisonment Sentenced to three years correctional supervision R4000-00 or 12 months imprisonment half suspended for five years Sentence to twenty years imprisonment Sentence to three years imprisonment Sentence to eight years imprisonment Sentence to ten years imprisonment Fine amount of R500 or three months imprisonment Fine amount of R300 or 90 days half suspended for five years. Fined amount of R1000 Table 41 sets out the details of conviction for criminal offences in which SAPS members were found guilty. Of the matters which finalised in the courts, there were 57 convictions. In two matters which were finalised in KwaZulu-Natal, life sentences were handed down by the courts. In the other matters, the sentences imposed ranged from fines to 48 years imprisonment. 65 Independent Police Investigative Directorate Annual Report 2012/13 2011060453 2011060209 2010110306 2012020494 2009110194 2007030364 2007100293 2010060058 2009110044 2012100206 2010120445 2010070401 2010030061 2010080256 2010120240 2010080083 2010070116 2008040332 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Mzamba Calvinia Kakamas Upington Rosedale Bothitong Daveyton Akasia Gauteng Provincial Support Command, VIP Protection Services Evaton Vaalwater Lephalale Evaton Harare George Seshego Thohoyandou Jourberton Assault GBH Murder Armed Robbery Attempted murder Assault GBH Assault GBH Murder Murder Murder Murder Assault Attempted Murder Murder Murder Defeating the ends of justice Assault Assault & Theft Assault GBH Sentenced to five years and suspended for five years Fine amount of R6 000 or six years imprisonment Sentenced to eight years imprisonment, wholly suspended for five years Fine amount of R5 000 or twelve months imprisonment Fine amount of R500 Sentenced to twelve months of which the first month will be under medium risk house arrest Fine amount of R500 Sentenced to twenty years imprisonment Sentenced to six years imprisonment wholly suspended for five years Sentenced to ten years imprisonment for murder and three years for possession of unlawful ammunition R2000 fine or two months imprisonment Fine amount of R12 000 Sentenced to ten years for charge of murder and five years for attempted murder Sentenced to fifteen years imprisonment Sentenced to three years, which was wholly suspended for a period of five years Sentence to six years imprisonment or R10 000 fine each Fine an amount R8000 or 18 months imprisonment of which R4000 and nine months suspended for five years. Sentence to three years whole suspended Independent Police Investigative Directorate Annual Report 2012/13 66 2010080214 2012010001 2010020179 2010040267 2008040499 2012030004 2008110471 2009100519 2011010569 2008110473 2009060028 2011010005 2011010003 2010090256 2008090489 2012050490 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Bramley Babanango Nongoma Umlazi Bayview Ulundi Bityi Tamara Dimbaza Bhekithemba Amanzimtoti Umsinga Msinsini Amanzimtoti Tabankulu Cedarville Murder Murder Murder Murder Murder Murder Murder Murder Assault GBH Murder and Rape Defeating the ends of justice Murder Murder Defeating the ends of justice Corruption Attempted murder Sentenced to fifteen years imprisonment Sentenced to ten years imprisonment Sentenced to twenty years direct Imprisonment Sentenced to forty-eight years imprisonment Sentenced to thirty year direct imprisonment Sentenced to life imprisonment Sentenced to fifteen years imprisonment Sentenced to eight years imprisonment Sentenced to nine months or R 3 000 fine suspended for one year Sentenced to life imprisonment and fifteen years Sentenced to three years and six months imprisonment Sentenced to ten years imprisonment Sentenced to ten years imprisonment Sentenced to three years imprisonment Sentenced to five years and suspended for five years or R 8 000 Sentenced to five years and suspended for five years CRIMINAL ACQUITTALS Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Provinces Deaths in custody 1 1 2 - 2 1 3 Deaths as a result of police action Table 42: Criminal acquittals Complaint of discharge of an official firearm - Rape by a police officer 1 1 - - 3 1 1 1 6 1 1 Systematic Corruption - Non-compliance with IPID Act 1 1 2 1 3 1 7 Other criminal offence Corruption Assault Torture Rape in custody Table 42 indicates the total number of criminal acquittals that have been received by the respective province during the period under review. 7 2 1 2 5 1 1 2 21 The IPID made criminal recommendations to the NPA in respect of criminal prosecution against members of the SAPS. A total of 21 criminal acquittals were received. Of these, there were 7 acquittals on other criminal offences and 6 on assaults. 11.4. Total 67 Independent Police Investigative Directorate Annual Report 2012/13 Independent Police Investigative Directorate Annual Report 2012/13 68 Defeating the ends of justice Common assault Assault Rape Non-compliance with the IPID Act Attempted Murder Contravention of protection order Attempted Murder Murder Assault Common Malicious damage to property Corruption Attempted Murder Assault Murder Assault GBH Murder Murder Murder Eldorado Park Tumahole Kimberley Bellville Bronville Senwabarwana Mankweng Masoyi Lingelethu West KwaZakhele Tsolo Durban Cala Thabazimbi Lebowakgomo East London Tsolo Cedarville Nkandla 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2011100145 2012040142 2011050253 2009060198 2012070172 2012030436 2010060041 2010100549 2009010354 2012110383 2011090318 2011060475 2008050561 2011110011 2004030689/2012100167 2011050429 2008050563 2009110610 2010080174 Nature of complaint Assault GBH Violation of protection order Table 43: Details of criminal acquittals No. CCN Station 1 2008030042 Duncan Village 2 2010060041 Mankweng Table 43 below sets out the details of criminal offences in which SAPS members were found not guilty. Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Acquitted Sentence / sanction Acquitted Acquitted The IPID made criminal recommendations to the NPA in respect of criminal proceedings against members of the SAPS. A total of twenty one (21) criminal acquittals were received. 69 Independent Police Investigative Directorate Annual Report 2012/13 ARRESTS OF SAPS MEMBERS Hillbrow Jabulani Katlehong Newlands East KwaDukuza Howick Mandini Pinetown Rustenburg Tongaat KwaDukuza Madadeni Isipingo Seshego Potchefstroom 2012080505 2012090151 2012080598 2012060408 2008090103 2008090402 2008090467 2009050471 2009090590 2009030445 2010030159 2008080426 2011090532 2012080516 2012080739 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 August 2012 August 2012 August 2012 August 2012 August 2012 August 2012 August 2012 August 2012 August 2012 August 2012 August 2012 August 2012 August 2012 August 2012 August 2012 Station Kempton Park Mahwelereng Colesberg Tsakane Table 44 Details of arrested members No. Month CCN 1 April 2012 2012050111 2 April 2012 2012040110 3 April 2012 2012050001 4 August 2012 2012080785 Table 44 below sets out the details of SAPS members that were arrested. Charges Murder Murder Rape Pointing of firearm / malicious damage to property Rape and kidnapping Attempted murder Murder Attempted murder Murder and others Murder and others Murder and others Murder and others Murder and others Murder and others Murder and others Murder and others Murder and defeating Murder Murder 1 1 1 1 5 5 6 7 5 1 1 1 1 1 1 Number arrested 1 1 1 1 The IPID made arrests in the line of its investigations based on the evidence it had. Most of the arrests were done in consultation with the relevant prosecutors. A total of 155 SAPS members were arrested for various crimes. Some of the arrests were effected by the SAPS and the IPID took over the investigations and charged the suspects. 12. Independent Police Investigative Directorate Annual Report 2012/13 70 July 2012 July 2012 June 2012 June 2012 June 2012 June 2012 June 2012 June 2012 June 2012 June 2012 June 2012 June 2012 May 2012 May 2012 September 2012 September 2012 September 2012 October 2012 October 2012 November 2012 November 2012 November 2012 November 2012 December 2012 December 2012 December 2012 December 2012 December 2012 December 2012 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2012120585 2013010082 2012050490 2012090631 2012080075 2012090231 2012090096 2012090450 2012100756 2012100084 2012110130 2012110239 2012120576 2012120584 2012120045 2012120058 2011070059 2008050429 2011050215 2009080169 2008110506 2010040004 2011090047 2012060211 2012050013 2009110628 2012070471 2012070405 2009040505 KwaThema Cleveland Bramley Mabopane Mokopane Namakgale Gilead Wolmaranstad Khuma Taung Atamelang Robertson Eersterust Olivenhoutbosch Katlehong Dobsonville Durban North Berea Bhekithemba Phoenix Melmoth Esikhawini Esikhawini Mankweng Alberton KwaMashu Point Jouberton KwaMashu Murder Rape Assault Attempted murder Discharge of firearm Assault Murder Murder Rape Rape Rape Attempted murder Rape Murder X 2 Attempted murder X4 Murder Attempted murder Murder and others Murder and others Murder and others Murder and others Murder and others Murder and others Murder and others Rape Murder Murder and others Rape Murder Murder and others 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6 6 3 3 3 3 3 1 1 3 1 1 1 71 Independent Police Investigative Directorate Annual Report 2012/13 December 2012 December 2012 December 2012 December 2012 December 2012 December 2012 December 2012 January 2013 January 2013 January 2013 January 2013 February 2013 February 2013 February 2013 March 2013 March 2013 March 2013 March 2013 March 2013 March 2013 Total 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 2012120511 2012120359 2012120282 2012120585 2012120587 2012100163 2013020038 2013020255 2011010411 2013030390 2013030505 2013030565 2013020560 2013030366 2013030440 2012120539 2012120355 2012120552 2012120557 2012100579 Phillipi East Robertson Sharpville KwaThema Dobsonville Pinetown Bloemspruit Bayview Thembalethu Springs Moffatview Daveyton KwaMashu Lomanyaneng Phokeng Orlando Meadowlands Vanderbijlpark Thembisa KwaMakhutha Attempted murder Attempted murder Assault GBH Attempted murder Murder & Defeating the ends of justice Rape Rape Assault GBH Murder Murder Murder Rape Corruption Murder Attempted murder Murder Murder Corruption Attempted murder Attempted murder 1 1 2 1 1 1 1 2 1 1 1 9 3 1 1 125 1 1 1 1 1 Independent Police Investigative Directorate Annual Report 2012/13 72 CASES ON COURT ROLLS Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape Total Province Deaths 25 16 18 64 11 17 9 6 18 184 5 7 21 10 4 6 4 11 68 Rape Table 45(a): Court roll cases Assault 18 24 8 6 20 8 41 19 16 160 Attempted murder 6 8 16 13 13 13 6 3 5 83 Corruption 2 3 5 1 3 1 15 Pointing of firearm 2 1 1 2 1 7 Extortions 1 1 1 1 Arson Table 45(a) shows the total number of cases that each province has on the court roll. Theft 1 1 2 Malicious damage to property 1 1 1 3 Defeating the ends of justice 1 1 2 Inquest 2 1 1 4 Arm Robbery 1 1 1 3 Reckless & Negligent driving 3 3 2 2 Intimidation The IPID investigated and made recommendations for prosecution and where the NPA decided to prosecute, those matters were placed on the court rolls around the country. At the end the financial year, a total of 538 cases were on the court roll. 13. 58 56 68 105 52 38 70 38 53 538 Total 73 Independent Police Investigative Directorate Annual Report 2012/13 675 770 980 600 870 880 660 716 784 Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape National Average 2.1 2.0 1.8 2.4 2.4 1.6 2.7 2.1 1.8 Average time each case is on the court roll (in Average time each case is on the court roll (in days) years) 908 2.5 Free State Eastern Cape Province Table 45(b): Time case spent on the court roll Table 45(b) shows the average time that a case spends on the court roll. Based on IPID recommendations, the NPA made decisions on what matters to prosecute and such matters were placed on the court rolls around the country. Court processes generally take long. For instance, the national average time that cases spend on the court rolls is 2 years, however, KwaZuluNatal cases spent almost 3 years on the court roll. This phenomenon has an impact on the IPID’s ability to report on the outcomes of cases. Independent Police Investigative Directorate Annual Report 2012/13 74 CLOSED CASES Acquitted Convicted Decline to prosecute Discharge Dismissed Referred Unsubstantiated Withdrawn Total Table 46(a): Closed cases, per category Manner of disposal 1 67 1 76 1 39 49 Deaths in custody 2 1 4 Deaths as a result of police action 2 2 5 Complaint of discharge of an official firearm 49 4 69 1 2 13 Rape by a police officer 4 1 6 1 Closed cases per category, are detailed in Table 46(a) below. Rape in custody 5 5 - - Assault 2 9 220 61 344 1 8 43 1 16 1 22 3 1 1 1 - Non-compliance with IPID Act 6 32 2 24 Other criminal offence 1 9 194 19 281 19 15 24 7 22 12 1 160 177 3 382 Misconduct Systematic Corruption Corruption Torture One thousand two hundred and sixty seven cases were closed during the period under review. The majority of the closed cases were misconducts (382), followed by assaults (344) and other criminal offences (281). 15. 7 179 777 90 1267 35 52 127 Total 75 Independent Police Investigative Directorate Annual Report 2012/13 - Discharge Eastern Cape 3 1 11 Free State 26 20 33 Gauteng 1 1 KwaZulu-Natal Limpopo 4 9 50 Mpumalanga North West 15 9 Northern Cape 2 6 23 Western Cape Total 35* 52* 127 *Some cases were not yet closed at the end of the financial year. Table 47(c): Manner of closed case per province Provinces Acquitted Convicted Decline 3 1 2 1 7 Dismissed 5 8 5 153 8 179 Referred Unsubstantiate d 21 235 113 38 60 2 54 85 169 777 4 46 1 1 25 8 5 90 Withdrawn Table 47(c) provides details of the manner of closure per province and it indicates that 1267 cases were closed in the period under review. 45 371 122 39 150 2 240 129 169 1267 Total Seven hundred and seventy-seven (777) cases were closed as unsubstantiated, 179 closed as referred, 90 closed as withdrawn, 127 were closed as declined, 90 were closed as withdrawn, and 52 were closed when a member(s) was/were convicted, 35 closed when a member(s) was/were acquitted and 7 were closed when a member(s) was/were dismissed. 16. SOME CASES FINALISED IN THE COURTS 16.1 WARRANT OFFICER SENTENCED TO 20 YEARS FOR MURDER IN KEMPTON PARK, GAUTENG The South Gauteng High Court has sentenced 38 year old Warrant Officer Charles Mohlannka Kekana to an effective 20 year jail term for shooting and killing 51 year old Mamokene Amelia Mosia and infant Amen Kgotsho Mosia, who was being held by his grandmother to her chest. Warrant Officer Kekana was stationed at Tembisa SAPS at the time of the incident. It is alleged that on 20 April 2012 at about 14:30 off-duty Warrant Officer Kekana went to Pomona Informal Settlement in Kempton Park. It is alleged that Warrant Officer Kekana was under the influence of liquor and was on vacation leave. The investigation found that the accused’s sister had been arrested earlier for dealing in dagga and that the accused had threatened to kill whoever had given information to the police which led to the arrest of the accused’s sister. The accused was in possession of his service pistol and he shot and killed the 51 year old woman who was carrying a baby. The adult deceased was shot in the head and abdomen, while the child was shot in the back. Both died on the scene. The IPID investigated the matter and ran with it until the sentence was passed on 13 March 2013. The accused was sentenced as follows (the sentences will run concurrently): Count 1 - Murder of Mamokene Amelia Mosia; 20 years imprisonment. Court 2 - Murder of Amen Khotso Mosia; 15 years imprisonment. The court declared the accused unfit to hold a firearm licence. It ordered that all firearm licences and certificates that he presently holds should be cancelled. 16.2 CONSTABLE SENTENCED TO 15 YEARS FOR SHOOTING HIS GIRLFRIEND IN IVORY PARK, GAUTENG Twenty-six (26) year-old Constable Matswantswa Phineas Kgarose was sentenced to 15 years for killing his girlfriend on 12 June 2012. The sentence was handed down by South Gauteng High Court sitting in Palmridge on 12 March 2013 following an IPID investigation into the shooting of the deceased by the accused. The suspect was stationed at Midrand SAPS. The deceased is 32 year-old Emmy Refiloe Lebopo who was also a Constable stationed in Midrand. It is alleged that on 12 June 2012, the suspect who is a police officer visited his girlfriend who is also a police officer. The two had an argument during which the suspect (boyfriend) pulled out a firearm and shot the deceased on the left side of the chest and she died on the scene. It is further alleged that the suspect fled the scene with the firearm – this firearm has never been recovered to this day. The suspect handed himself over to Norwood SAPS on 16 June 2012 and he was arrested. He was denied bail and was remanded in custody from the date of his arrest until he was convicted. The IPID is satisfied with the outcome of this case as it sends a message to other police officers who may be tempted to abuse their state issued firearms. Independent Police Investigative Directorate Annual Report 2012/13 76 16.3 CONSTABLE CONVICTED OF MURDER FOR SHOOTING 15 YEAR OLD – TAYLOR’S HALT, KWAZULU-NATAL Thirty-one (31) year old Taylor’s Halt police Constable Hlengiwe Mkhize, of Etsheni area in Vulindlela, was convicted of murder and attempted murder by the Pietermaritzburg High Court on 18 February 2013. Her conviction follows an investigation by the Independent Police Investigative Directorate (IPID) which led to her arrest on 17 August 2012. She was convicted for shooting and killing fifteen year old Mlindeli Ngobo with her service firearm on 07 July 2012. Mlindeli, who was with three other occupants in the car, accidentally bumped the accused’s car. The accused and the victim had agreed to go to a police station to report the accident. However, the accused fired two shots at Mlindeli’s car, hitting him in the head. He died in hospital. The accused opened a case of attempted high-jacking after the accident and alleged that she had shot the deceased in self-defence. The accused was found guilty of murder and four counts of attempted murder. She will be sentenced on 01 March 2013. The IPID is satisfied with the conviction as it sends a message to rouge police officers that they will be held accountable by the criminal justice system of our country. This conviction also brings closure for the family of the deceased. 16.5 CONSTABLE SENTENCED TO 15 YEARS FOR MURDERING HIS GIRLFRIEND – BRAMLEY, GAUTENG Thirty-two (32) year old Constable Cingakufani Mbiza has been sentenced to fifteen (15) years direct imprisonment. He was also declared unfit to own or possess a firearm. The sentence resulted from an IPID investigation. It is alleged that on 28 May 2012 at about 01:30, Johannesburg Central Police Station based Constable Mbiza who was off-duty at the time, had an argument with his girlfriend, 23 year old Cinna Ncada. He took out his service pistol and shot her. The deceased was shot in front of her very young children, at the time aged three and 5 years respectively. The shooting happened in the street at the corner of Vasco Da Gama and 12th Avenue in Marlboro. The policeman then fled the scene. The IPID took over the investigation. The post mortem found that the cause of death to be a gunshot wound to the head. The suspect was traced and arrested at his work place at Johannesburg Central Police Station. He made his first appearance on 30 May 2012 on a charge of murder. The trial was set for 28 January 2013 to 01 January 2013 at Palmridge High Court. On 13 February 2013 the five (5) year son of the deceased testified with the assistance of a social worker. Other witnesses also testified against the accused. The accused was found guilty of murder and sentenced to fifteen years imprisonment on 14 February 2013. The IPID is encouraged by the sentence and implores other would be killers of their spouses to take heed and not to commit the similar offences. 77 Independent Police Investigative Directorate Annual Report 2012/13 16.6 CONSTABLE SENTENCED TO 13 YEARS FOR MURDER AND POSSESSION OF UNLICENSED FIREARM AND AMMUNITION IN THE PRETORIA HIGH COURT Constable Joel Kekana was sentenced to 10 years imprisonment for murder; 3 years for possession of an unlicensed firearm and to 6 months for possession of unlicensed ammunition. The sentencing follows the conclusion of a trial emanating from an IPID (then ICD) investigation into the killing of a street vendor by two policemen in November 2009 in Pretoria CBD. It is alleged that on 02 November 2009 Constables Masinga and Kekana, who were off-duty at the time, came from a pub under the influence of alcohol, en route to their places of residence, namely the SAPS Barracks. As they were walking approaching the corner of Bosman and Church streets, they stopped next to a street vendor and started eating the meat he was selling. The vendor, known as Paul, asked the police officers to pay for the food they had eaten. It is further alleged that the police officers refused to pay, and that is when a fight ensued. During the scuffle, the vendor overpowered the two police officers and grabbed a bottle with which he hit Constable Masinga on the forehead. On seeing that Constable Masinga ran to the barracks where he took his service pistol and went back to the scene where the fight carried on again. While they were fighting with the deceased, the firearm fell to the ground and Constable Kekana picked it up and shot at the deceased on the left shoulder and the head, killing him instantly. After the two police officers were arrested an ID parade was conducted and the involved members were pointed out by witnesses. Accused number one, Constable Joel Kekana, was found guilty of murder as well as possession of an unlicensed firearm and ammunition. The sentences will run concurrently. Accused number two, Constable Masinga, was acquitted on all charges. The accused have since been dismissed from the SAPS following a disciplinary hearing. The IPID is satisfied with the sentence as it proves that the bad elements are being rooted out of the ranks of our police - this can only restore public confidence in the police. 16.4 WARRANT OFFICER SENTENCED TO 20 YEARS FOR SHOOTING HIS GIRLFRIEND IN SOSHANGUVE, GAUTENG 36 year old Warrant Officer Godfrey Boitumelo Modikoe was sentenced to 20 years for killing his girlfriend on 27 December 2010. The sentence was handed down by Pretoria High Court on 01 February 2013 following an IPID investigation into a shooting incident involving the deceased. It is alleged that on 27 December 2010 at about 16:30 the police officer shot and killed the mother of his two children at Leokaneng Section in Klipfontein, Soshanguve South. It is alleged the shooting took place following an argument in connection with the failure of the police officer to buy Christmas clothes for his two children. Apparently, the argument led to the policeman shooting and killing the mother of his children, Tshepiso Mafatle. The deceased was shot with a state firearm on the face and she died on the scene. Independent Police Investigative Directorate Annual Report 2012/13 78 The policeman was arrested a few days after the incident. He was released on two thousand rand bail. He failed to appear in court and he was arrested again on 14 June 2011. He was found guilty of contempt of court and sentenced to a R600 fine or 60 days imprisonment. The accused pleaded guilty to the charge of murder and was convicted on 03 September 2012. He was in custody since his arrest on 14 June 2011 until his sentencing on 01 February 2013. The IPID is satisfied with the outcome of this case as it sends a message to other police officers who may be tempted to abuse their state issued firearms. 16.5 STUDENT CONSTABLE MBATHA SENTENCED TO 17 YEARS BY THE JOHANNESBURG HIGH COURT Student Constable Sipho Mbatha, convicted of murdering Soweto teenager Thato Mokoka, was today sentenced to 17 years of which 5 years are suspended for five years by the Johannesburg High Court. The constable was convicted for murder in August 2012 after a marathon trial. 16 year old Thato Mokoka was shot on 14 February 2012 by Constable Mbatha who had raided Thato's grandmother's home after a report of pointing of a firearm was made by a learner. The Independent Police Investigative Directorate (IPID) investigated the shooting and arrested Constable Mbatha. He was charged with murder and has since been convicted. Ms Koekie Mbeki, Acting Executive Director of the IPID welcomed the sentence and said: "This sentence sends a strong message that police officers should handle their firearms carefully. We hope that it will restore the faith of the community in the Criminal Justice System. I want to commend my investigators for investigating this tragic matter quickly and ensuring justice for the Mokoka family" 79 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 Independent Police Investigative Directorate Annual Report 2012/13 80 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Audit Committee for the year ended 31 March 2013 Report of the Audit Committee We are pleased to present our report for the financial year ended 31 March 2013 Audit Committee Members and Attendance: The Audit Committee consists of the members listed hereunder and should meet three times per annum as per its approved terms of reference. During the current year four meeting were held. Meetings were held as following dates 24 May 2012, 30 May 2012, 26 July 2012 and 09 November 2012. Name of Members Number of Meetings Attended Mr A Darmalingham (Chairperson resigned 20 July 2012) Mr S Motuba (Deputy Chairperson) Mr V Motholo (Member) Prof D Garach (Member) Ms P Mvulane (Member resigned 5 November 2012) Mr F Beukman (Ex Officio resigned 31 August 2012) Ms K Mbeki (Ex Officio appointed 1 September 2012) Ms L Cwele (Ex Officio) 1 4 3 3 3 3 1 3 Audit Committee Responsibility The Audit Committee reports that it has compiled with its responsibilities arising from section 38(1) (a) of the PFMA and Treasury Regulations 3.1. The Audit Committee also reports that it has adopted appropriate formal terms of reference as its Audit Committee charter. Effectiveness of Internal Control The system of Internal Control applied by the Department over financial risk and risk management was found not to be effective, efficient and transparent. In line with the PFMA and the KING III Report on Corporate Governance requirements, Internal Audit provides the Audit Committee and management with assurance that the internal controls are appropriate and effective. This is achieved by the risk management processes, as well as the Identification of corrective actions and suggested enhancements to the controls and processes. From the various reports of the Internal Auditors, the Audit Reports on the Annual Financial Statements and the management report of the AuditorGeneral, it was noted that matters were reported indicating some material deficiencies in the internal control system and non- compliance with laws and regulations for the period under review, which have however, since been attended to by Management. These may be attributable to the transition from ICD Act to IPID Act which became effective from 1 April 2012. 81 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Audit Committee for the year ended 31 March 2013 The quality of in-year management and monthly/quarterly reports submitted in terms of the PFMA and the Division of Revenue Act The Audit Committee is satisfied with the content and quality of monthly and quarterly reports prepared and issued by the Accounting Officer of the Department during the year under review. Evaluation of the Annual Financial Statements The Audit Committee has: Reviewed and discussed the audited Annual Financial Statements to be included in the annual report with the Auditor General and the Accounting Officer; Reviewed the Auditor General’s management report and management’s responses thereto; Reviewed the department compliance with the legal and regulatory provisions; and Reviewed the significant adjustments resulting from the audit. The Audit Committee concurs and accepts the Auditor–General South Africa’s conclusions on the Annual Financial Statements, and is of the opinion that the Audited Financial Statements be accepted and read together with the report of the Auditor General. Internal Audit The Audit Committee is not satisfied that the internal audit function is operating effectively and has addressed the risk pertinent to the department in its audit due to capacity challenges. The Audit Committee has approved the risk based internal audit three year rolling plan. The Audit Committee has reviewed the internal audit reports that identified weaknesses within the department and considered the adequacy of management responses to ensure the risk exposure is reduced, and there are continuous improvements within the control environment. Auditor General South Africa The Audit Committee also met with the Auditor General South Africa and confirmed that there are no unresolved issues affecting IPID’s operating environment. ________________________ CHAIRPERSON Independent Police Investigative Directorate Annual Report 2012/13 31 July 2013 ___________________ DATE 82 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Accounting Officer for the year ended 31 March 2013 Report by the Accounting Officer to the Executive Authority and Parliament of the Republic of South Africa. 1. General review of the state of financial affairs Items that should be addressed include: „ Important policy decisions and strategic issues facing the department The transformation of the ICD into the Independent Police Investigative Directorate (IPID) has ushered a new era of civilian oversight on the South African Police Services (SAPS) and the Municipal Police Service (MPS). The IPID Act has fundamentally changed and extended the mandate of the Directorate not only to investigate but also to ensure that its recommendations are implemented. The Directorate committed to deliver on its mandate with the purpose of making a lasting impact in order to contribute towards the achievement of the ultimate outcome, namely, a police service that is trusted by the community and operates in line with the spirit of the Constitution. Key issues in the IPID’s delivery environment were considered during the strategic planning process in 2012. It was concluded that the IPID Act’s impact on the Directorate’s investigative capacity will create the opportunity for the Directorate to be a strong, independent oversight body which will in consequence contribute to the achievement of a police service that operates in line with the spirit of the Constitution.The renaming of the ICD to the IPID had an important impact on the public profile of the Directorate. The renaming of the Directorate specifically branded it as a body that functions independently of the police service and focuses on conducting investigations into offences by police members, rather than merely acting on complaints. „ Comment on significant events that have taken place during the year Since the new legislation places stringent obligations on the SAPS and the municipal police services in the reporting of matters that must be investigated by the IPID and the implementation of disciplinary recommendations, the capacity of the provincial offices was increased to comply with the new reporting processes as a result of the reporting obligations placed on the SAPS and MPS. The office of the executive director was also expanded to ensure effective corporate governance and monitoring and evaluation of performance. In addition, the office of the executive director was strengthened to meet the demands of additional obligations, including reporting to Parliament, monthly reporting to the minister, and, where relevant, reporting to MECs. Comment on major projects undertaken or completed during the year During the year under review the Directorate amongst other projects completed the following: „ Development of training manual for investigators Development of Standard operating procedures Development of investigation guidelines for investigators Training of investigators Renaming of ICD to IPID 83 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Accounting Officer for the year ended 31 March 2013 Implementation of expanded mandate Investigation of high profile cases (e.g. Marikana & Cato Manor) „ Spending trends - Reasons for under spending With the final appropriation of R197 898 000 in the year under audit, the Directorate`s actual expenditure came to 86,6% which in monetary value translates to R171 449 000.The budget`s allocation was prioritised to conduct public awareness of the Directorate`s mandate and functions through community awareness programmes, media campaigns and the establishment of satellite offices to increase public accessibility, however the establishment of earmarked satellite office could not take place due to the delays in procurement process that was conducted in conjunction with the Department of Public Works. Delays in filling some of the vacancies including appointment of provincial heads in all nine provinces has resulted into 8% under spending in compensation of employees. - Discuss the impact on programmes and service delivery Programme 1: Administration The actual spending of the allocated budget of R86 526 000 to the Programme was 81% or R70 258 000 in monetary which resulted in under-spending of 19% or R16 268 000.The main reason for the under-spending of the Programme was mainly caused by delays in filling and replacement of the vacancies that have been vacated in the year under review. Programme 2: Investigation and Information Management The programme`s actual spending of the allocated budget of R105 967 000 was 92% or R97 009 000 in monetary value with an under-spending of 8% or R8 958 000. None filling of the nine Provincial Heads and Programme managers at senior management level has affected Compensation of Employees` spending. Planned procurement of IT equipment and furniture in both Goods and Services and Machinery and Equipment for Provincial Heads was also affected by none filling of some vacancies. Programme 3: Legal Services The Programme 3`s actual spending of the allocated budget of R5 405 000 was 77% translates to R4 182 000in monetary value which reflected an under-spending of 23% or R1 223 000.Two Senior Managers in programme 3 were acting in other Programmes of the Department which were vacant and their administrative costs relating to their acting capacities were also carried by the Programmes where members were acting. There were also acting officials in Legal Service positions to ensure that the legal support service continues. - Actions taken or planned to avoid recurrence. The Directorate`s Human Resource Management component has since developed an action plan in filling the vacancies to ensure that the vacancy rate is controlled. This initiation has been supported and closely monitored by management of IPID. Independent Police Investigative Directorate Annual Report 2012/13 84 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Accounting Officer for the year ended 31 March 2013 Some of the vacated positions have since been filled whilst in some, officials were appointed in acting capacity in order to ensure that the Department`s performance is not affected. In terms of underperformance in Machinery and equipment, the Directorate has since made an application for roll over on committed funds in order to finalise the procurement of office furniture and IT equipment. In addition to the roll over application, the Directorate has put a plan in place to ensure that all submitted procurement plans are adhered to. „ Virement: - The Directorate (IPID) did not implement virement during the year under review. „ Any other material matter: Unauthorised Expenditure As reported in the previous financial year, the Directorate did not incur unauthorised expenditure in the year under audit. The reported amount in our books is made of the prior`s over expenditure by programme 2 and 3 in the financial year 2008/09 and 2005/06 respectively. At the reporting date the approval for authorisation was not yet granted. Irregular Expenditure The Directorate has identified three (3) transactions which were reported as irregular and also disclosed as such in the disclosure notes. All reported cases in the annual financial statements require various actions which the Directorate has already instituted to establish the action to be taken. Fruitless and wasteful expenditure An amount of R1, 700.00 was identified and reported in our books as fruitless and wasteful expenditure due to the traffic fines that were issued to the officials using rented vehicles. The reported expenditure will be recovered from the affected officials. 2. 85 Service rendered by the department 2.1 Services rendered by the Independent Police Investigative Directorate. Reference is made to the annual report`s reported Service delivery Programme`s performance information in respect of programme 2 as per legislative mandate. 2.2 Tariff policy Independent Police Investigative Directorate did not charge tariffs for services rendered in the financial year under review. Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Accounting Officer for the year ended 31 March 2013 2.3 Free Services The services rendered by Independent Police Investigative Directorate fall within its policy mandate and is free services rendered which does not have any significant impact on revenue. 2.4 Inventories The total inventories on hand at year-end for National Office (Pretoria) and two Provincial Offices, KwaZulu–Natal (Durban) and Western Cape (Cape Town) to the amount of R as provided below: National Office: R265,056 KwaZulu-Natal: R 49,552 Western Cape: R 80,412 3. Capacity constraints The Directorate planned to establish new satellite offices to increase the visibility of investigators and improve the accessibility of its services in order to ensure that the strategic goal of a transformed police services is achieved at a faster rate. However with the limited resources, the Directorate is unable to recruit the required number of officials in line with the IPID Act. The core function programme will over the MTEF period increase by an insignificant number of investigators which might result in compromising the ability of the Directorate in executing its mandate. 4. Utilisation of donor funds Independent Police Investigative Directorate (IPID) did not receive donor funds in the period under audit. 5. Trading entities and public entities The Directorate for the year under audit did not have trading, public nor unlisted entities/funds that form part of the Minister’s portfolio. 6. Organisations to whom transfer payments have been made An amount of R95 000 was transferred to Safety and Security Sector Education Authority (SASSETA) as an administrative fees in respect of the skills development levy. In addition, R11 000 was in the period under review paid over to SABC for TV licences. Refer to the Annexure 1C to the Annual Financial Statement. 7. Public private partnerships (PPP) The Independent Police Investigative Directorate (IPID) did not enter into Public private partnership (PPP) transactions before and in the period under review. Independent Police Investigative Directorate Annual Report 2012/13 86 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Accounting Officer for the year ended 31 March 2013 8. Corporate governance arrangements Corporate Governance facilitated the Risk Assessment 2012/13 which was approved by the Compliance, Ethics and Risk Management Committee and Audit Committee. Consistent with the Risk Management Strategy, the component received quarterly reports from Responsibility Managers which ensures management of risks. The Ethics Helpline was promoted and employees were encouraged to report all incidents and allegations of unethical behaviour, including fraud and corruption. The five (5) cases received via the Ethics Helpline for the period 2012/13 were dealt with in an objective manner. The Monitoring and Evaluation operational plan was developed and implemented. Monitoring and Evaluation audits were conducted in all nine (9) provinces and reports were issued to the Accounting Officer and Provincial Heads. 9. Discontinued activities/activities to be discontinued The Directorate did not discontinue any of its activities during the year under audit. 10. New/proposed activities As at the reporting date the IPID had already started with the process of organisational review to ensure the alignment of its functions, priorities and programmes to the provisions of the IPID Act. The re-engineering and re-organization will result into the Directorate organising its activities into the four (4) programmes as compare to the three (3) in the year under review. With the new planned structure, the investigation and information management programme will be strengthened to ensure compliance with the IPID Act which includes training, development of guidelines, systems and procedures for investigation and reporting. The re-engineering and re-organisation of the Directorate in line with the IPID Act from three to four functional programmes which are: Compliance Monitoring and Stakeholder Management Administration Investigation and Information Management Legal Services 11. Asset management The Directorate is accountable for movable assets in the form of office furniture and all assets have been captured in the asset register. The minimum requirements with regards to assets management have been complied with. The Assets Register of the Directorate reflects all the required information such as description of assets; ICN; unique asset number/Bar codes; accountability information (Cost Centre Manager responsible - location and custodian); and assets value. The BAS/LOGIS reconciliation was also performed on monthly basis to address the discrepancies between two used systems. The asset management system is fully implemented and complied with. 87 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Accounting Officer for the year ended 31 March 2013 The Directorate has complied with the Asset Management Reforms (AMR) milestones and has achieved the expected target. No problems experienced regarding the asset management reform. 12. Inventories All inventory opening and closing balances, together with movements for the year have been reflected in the Annexure 6 on Inventory. 13. Events after the reporting date The Director Internal Audit was put under precautionary suspension in July 2013 and the internal disciplinary process has commenced. The Director Investigation in Eastern Cape provincial officer has rendered his resignation from the Public service in April 2013. The Directorate has in an effort to align its allocated resources with the IPID Act applied and obtained an approval from National Treasury to increase its current three (3) budget programmes to four (4) for implementation with effect from April 2014. The above listed are non-adjusting events which did not affect the financial statements. 14. Information on predetermined objectives The Directorate`s Strategic Plan and the Annual Performance Plan have been prepared in line with National Treasury framework. Quarterly reports on actual performance of the programmes have been submitted and presented to the Executive Authority and Management Committee for further discussion and inputs where necessary. In addition, the Independent Complaints Directorate (ICD) compiled a monthly In-Year Monitoring (IYM) and Quarterly Performance Report (QPR) as performance monitoring tools. The medium term expenditure estimate was also done in accordance with National Treasury Guidelines and tabled in line with the Annual Performance Plan (APP). Independent Police Investigative Directorate Annual Report 2012/13 88 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Accounting Officer for the year ended 31 March 2013 15. SCOPA resolutions Include a table on the SCOPA resolutions. The table should conform to the following format: Reference to previous audit report and SCOPA resolutions Subject No SCOPA resolutions received by Not applicable IPID. Findings on progress Not applicable 16. Prior modifications to audit reports The following mechanisms have been put in place by the Accounting Officer to resolve the matters reported by the Auditor-General in the previous financial year. Nature of opinion and matters of Financial year Progress made in clearing / non-compliance in which it resolving the matter first arose Emphasis of matter: Restatement of corresponding figures 2011/12 1. As disclosed in note 20 to the financial statements, the corresponding figures for 31 March 2011 have been restated as a result of an error discovered during 2011/2012 in the financial statements of the Independent complaints 2011/12 Directorate at, and for the year ended, 31 March 2011. Reliability of information 2. The National Treasury Framework for managing programme performance information (FMPPI) requires that processes and systems which produce the indicator should be verifiable. I was unable to obtain all the information and explanations I considered necessary to satisfy myself as to the validity, accuracy and completeness of the actual reported performance relevant to 100% of the objective: To register 2011/12 and allocate all new cases within 48 hours of receipt. This was due to limitations placed 89 Finance has increased its personnel capacity to ensure segregation of duties. Interim Financial Statements were also prepared in order to monitor and minimise any material misclassification in the annual financial statements. The Provincial Heads have conducted reviews on their respective Province’s performance information and submitted monthly and quarterly reports which are verified by Internal Audit before sign by the Accounting Officer. Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Accounting Officer for the year ended 31 March 2013 on the scope of my work by the department’s records not permitting the provision of evidence that supports the validity, accuracy and completeness of performance against the objective. I was also unable to apply alternative audit procedures. All Provincial Heads are required to present their planned targets on monthly basis to the programme manager in order for action to be taken against nonachievement of planned targets. Achievement of planned targets 2011/12 3. Of the total number of planned targets, only twenty (20) were achieved during the year under review. This represents 31% of total planned targets that were 2011/12 not achieved during the year under review. The nonachievement of other targets was as a result of the institution experiencing capacity constraints during the implementation process. Matters of Non - Compliance 2011/12 Human resource management 4. A human resource plan was not in place as required by Public Service Regulation 1/III/B.2 (d). 5. Contractual obligations and money owed by the department were not settled within 30 days, as required by section 38(1)(f) of the Public Finance Management Act and Treasury Regulation 8.2.3. 6. I considered internal control relevant to my audit of the financial statements, the report on performance against predetermined objectives and compliance with laws and regulations. The matters reported below under the fundamentals of internal The Directorate is on monthly basis report to the National Treasury the reasons and action taken regarding all invoices paid after 30 days. Corporate Governance has been performing their monitoring and evaluation in all Provinces and head office and presented all internal control deficiencies to the Accounting Officer for action. Expenditure management Internal control Human resource plan has been developed. 2011/12 Independent Police Investigative Directorate Annual Report 2012/13 The Accounting Officer has reconstituted all Directorate` Committees in order to strengthen accountability in line with the IPID mandate. 90 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Accounting Officer for the year ended 31 March 2013 control are limited to the significant deficiencies that resulted in the findings on the performance report and the findings on compliance with laws and regulations included in this report. Leadership 7. Control environment that promotes responsibility and 2011/12 accountability of senior management with regard to compliance with applicable laws and regulation was not adequately implemented by the accounting officer. 8. Developed action plans to remedy control deficiencies reported were not properly implemented and monitored. The Directorate is using the Flow-Centric Case Management Systems for case registration. There are number of enhancements that are still in process in order to ensure accuracy of the data. All four (4) quarters interim financial statements were prepared and submitted. Irregular Expenditure guideline with register has been circulated to all senior managers for compliance and communication will be done on continuous basis. Financial and performance management 9. A proper record maintenance system that supports actual performance reported against predetermined objectives was not adequately implemented. 10. The financial reporting system at the department was not able to produce a complete set of interim financial statement. 11. Compliance monitoring controls in place were not able to detect and prevent noncompliance with applicable laws and regulations which resulted in irregular expenditure. 91 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Accounting Officer for the year ended 31 March 2013 17. Exemptions and deviations received from the National Treasury No exemption or deviation from the PFMA or TR or deviation from the financial reporting requirements have been requested or received from National Treasury for the current and/or prior financial year. 18. Interim Financial Statements All four quarterly interim financial statements were prepared and submitted to National Treasury as required and the exercise also assisted the Directorate during the compilation of annual financial statements. 19. Other The Directorate is not aware of any material fact or circumstances not addressed, which may have an effect on the understanding of the financial state of affairs. 20. Approval The Annual Financial Statements set out on pages 96 to 138 have been approved by the Accounting Officer. ……… …… …………………… ……………… …………………………………… M Mr Mrss Koekie Constance Mbeki Acting Executive Director 31 July 2013 Independent Police Investigative Directorate Annual Report 2012/13 92 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Auditor-General for the year ended 31 March 2013 REPORT OF THE AUDITOR-GENERAL TO PARLIAMENT VOTE NO.23: INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID) REPORT ON THE FINANCIAL STATEMENTS Introduction 1. I have audited the financial statements of the Independent Police Investigative Directorate (IPID) set out on pages 96 to 138, which comprise the appropriation statement, the statement of financial position as at 31 March 2013, and the statement of financial performance, statement of changes in net assets and the cash flow statement for the year then ended, and the notes, comprising a summary of significant accounting policies and other explanatory information. Accounting officer’s responsibility for the financial statements 2. The accounting officer is responsible for the preparation of these financial statements in accordance with Departmental Financial Reporting Framework determined by the National Treasury and the requirements of the Public Finance Management Act, (Act No. 1 of 1999) (PFMA), and for such internal control as the accounting officer determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor-General’s responsibility 3. My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with the Public Audit Act of South Africa, 2004 (Act No. 25 of 2004) (PAA), the General Notice issued in terms thereof and International Standards on Auditing. Those standards require that I comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. 4. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. 5. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion. Opinion 6. In my opinion, the financial statements present fairly, in all material respects, the financial position of the Independent Police Directorate as at 31 March 2013, and its financial performance and cash flows for the year then ended in accordance with Departmental Financial Reporting Framework and the requirements of the Public Finance Management Act, (Act No.1 of 1999) (PFMA). Emphasis of matter I draw attention to the matter below. My opinion is not modified in respect of this matter: Material under spending of the budget 7. For the financial year 2012/13, the department had a material under spending amounting to R26 000 000 of the vote as disclosed in the appropriate statement. This was due to vacancies and the implementation of the new Act and therefore the transition from Independent Complaints Directorate to IPID. As a consequence, the department has not achieved its objectives for the year. 93 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Auditor-General for the year ended 31 March 2013 Additional matters 8. I draw attention to the matters below. My opinion is not modified in respect of these matters: Unaudited supplementary schedules 9. The supplementary information set out on pages 139 to 147 does not form part of the financial statements and is presented as additional information. I have not audited this schedule and , accordingly, I do not express an opinion thereon. Financial reporting framework 10. The financial reporting framework prescribed by the National Treasury and applied by the department is a compliance framework. The wording of my opinion on a compliance framework should reflect that the financial statements have been prepared in accordance with this framework and not that they “present fairly”. Section 20(2)(a) of the PAA, however, requires me to express an opinion in the fair presentation of the financial statements. The wording of my opinion therefore reflects this requirement. REPORT ON OTHER LEGAL AND REGULATORY REQUIREMENTS 11. In accordance with the PAA and the General Notice issued in terms thereof, I report the following findings relevant to performance against predetermined objectives, compliance with laws and regulations and internal control, but not for the purposes of expressing an opinion. Predetermined objectives 12. I performed procedures to obtain evidence about the usefulness and reliability of the information in the annual performance report as set out on page 7 to 14 of the annual report. 13. The reported performance against predetermined objectives was evaluated against the overall criteria of usefulness and reliability. The usefulness of information in the annual performance report relates to whether it is presented in accordance with the National Treasury’s annual reporting principles and whether the reported performance is consistent with the planned objectives. The usefulness of information further relates to whether indicators and targets are measurable (i.e. well defined, verified, specific, measurable and time bound) and relevant as required by the National Treasury Framework for managing programme performance information. The reliability of the information in respect of the selected programmes is assessed to determine whether it adequately reflects the facts (i.e. whether it is valid, accurate and complete). 14. The material findings are as follows: Usefulness of information Measurability Performance targets not specific 15. The National Treasury Framework for managing programme performance information (FMPPI) requires that performance targets be specific in clearly identifying the nature and required level of performance. A total of 29% of the targets selected for audit purposes were not specific in clearly identifying the nature and the required level of performance. This was due to the implementation of the new Act and therefore the transition from ICD to IPID. Performance targets not measurable 16. The National Treasury Framework for managing programme performance information (FMPPI) requires that performance targets be measurable. The required performance could not be measured for 29% of the targets. This was due to the implementation of the new Act and therefore the transition from ICD to IPID. Independent Police Investigative Directorate Annual Report 2012/13 94 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Vote 23 Report of the Auditor-General for the year ended 31 March 2013 Compliance with laws and regulations 17. I performed procedures to obtain evidence that the entity has compiled with applicable laws and regulations regarding financial matters, financial management and other related matters. My findings on material non-compliance with specific matters in key applicable laws and regulations as set out in the General Notice issued in terms of the PAA are as follows: Annual financial statements, performance and annual reports 18. The financial statements submitted for auditing were not prepared in accordance with the prescribed financial reporting framework as required by section 40(1) (b) of the PFMA. Material misstatements of disclosure items identified by the auditors in the submitted financial statements were subsequently corrected, resulting in the financial statements receiving an unqualified audit opinion. Expenditure management 19. Sufficient appropriate audit evidence could not be obtained that contractual obligations and money owed by the department were settled within 30 days or an agreed period, as required by section 38(1)(f) of the Public Finance Management Act and Treasury Regulation 8.2.3. Human resource management and compensation 20. Funded vacant posts were not filled within 12 months as required by Public Service Regulation 1/VII/C.1A.2. 21. Employees acted in higher vacant posts for more than 12 months in contravention of Public Service Regulation 1/VII/B.5.3. Internal control 22. I considered internal control relevant to my audit of the financial statements, performance report and compliance with laws and regulations. The matters reported below under the fundamentals of internal control are limited to the significant deficiencies that resulted in the findings on the performance report and the findings on compliance with laws and regulations included in this report. Leadership 23. The accounting officer did not always exercise oversight responsibility in regard to proper processes in place to ensure compliance with laws and regulations. 24. Developed action plans to remedy control deficiencies reported were not fully implemented and monitored. Financial and performance management 25. Management did not adequately review and monitor compliance with applicable laws and regulations to prevent non-compliance. OTHER REPORTS Investigations 26. And investigation by the Special Investigator Unit (SIU) is currently taking place on the lease arrangement of the City Forum Building currently by the ICD national office. Investigation pertains to procurement irregularities involving the Department of Public Works. Auditor-General Pretoria 31 July 2013 95 Independent Police Investigative Directorate Annual Report 2012/13 Independent Police Investigative Directorate Annual Report 2012/13 96 TOTAL Subtotal Current payment Payment for capital assets 3. LEGAL SERVICES Current payment Transfers and subsidies Payment for capital assets Payment for financial assets 2. INVESTIGATION INFORMATION MANAGEMENT Current payment Transfers and subsidies Payment for capital assets Payment for financial assets 1. ADMINISTRATION STATEMENT APPROPRIATION & 197 898 5 377 28 5 405 197 898 101 326 3 4 638 105 967 85 286 100 1 140 86 526 R'000 Adjusted Appropriation - (57) 57 - (118) 113 5 - (2 200) 1 926 272 2 - R'000 Shifting of Funds - - - - R'000 Virement 2012/13 197 898 5 320 85 5 405 197 898 101 208 116 4 638 5 105 967 83 086 2 026 1 412 2 86 526 R'000 Final Appropriation 171 449 4 097 85 4 182 171 449 94 850 116 2 038 5 97 009 67 008 2 026 1 222 2 70 258 R'000 Actual Expenditure Appropriation per programme APPROPRIATION STATEMENT for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 26 449 1 223 1 223 26 449 6 358 2 600 8 958 16 078 190 16 268 R'000 Variance 86.6% 86.6% 77.0% 100.0% 93.7% 100.0% 43.9% 100.0% 80.6% 100.0% 86.5% 100.0% % Expenditure as % of final appropriation 153 534 1 677 115 1 792 153 534 86 373 2 113 2 372 11 90 869 59 050 87 1 736 60 873 R'000 153 532 1 761 31 1 792 153 532 87 530 1 407 1 920 11 90 868 59 792 87 993 60 872 R'000 Actual Expenditure 2011/12 Final Appropriation 97 Independent Police Investigative Directorate Annual Report 2012/13 Actual amounts per statement of financial performance (total expenditure) Actual amounts per statement of financial performance (total revenue) Departmental receipts ADD TOTAL (brought forward) Reconciliation with statement of financial performance 198 077 179 197 898 Final Appropriation 2012/13 171 449 Actual Expenditure APPROPRIATION STATEMENT for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 153 659 125 153 534 153 532 Actual Expenditure 2011/12 Final Appropriation Independent Police Investigative Directorate Annual Report 2012/13 98 Total Payments for financial assets Payments for capital assets Machinery and equipment Transfers and subsidies Departmental agencies and accounts Households Current payments Compensation of employees Goods and services 197 898 - 5 806 103 - 103 406 88 583 R'000 Adjusted Appropriation - 7 329 3 2 036 880 (3 255) R'000 Shifting of Funds - - - - - R'000 Virement 2012/13 197 898 7 6 135 106 2 036 104 286 85 328 R'000 Final Appropriation 171 449 7 3 345 106 2 036 95 993 69 962 R'000 Actual Expenditure Appropriation per economic classification APPROPRIATION STATEMENT for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 26 449 - 2 790 - 8 293 15 366 R'000 Variance 86.6% 100.0% 54.5% 100.0% 100.0% 92.0% 82.0% % Expenditure as % of final appropriation 153 534 11 4 912 87 - 78 448 70 076 R'000 Final Appropriation 153 532 11 4 351 87 - 78 093 70 990 R'000 Actual expenditure 2011/12 99 Independent Police Investigative Directorate Annual Report 2012/13 OFFICE ACCOMODATION Current payment 16 749 485 86 526 Total 100 2 602 9 092 1.5 FINANCIAL ADMINISTRATION Current payment Transfers and subsidies Payment for capital assets Payment for financial assets Payment for capital assets Current payment 1.4 INTERNAL AUDIT 1.3 - 555 Payment for capital assets Payment for financial assets 100 Transfers and subsidies Current payment 50 892 - 1.2 CORPORATE SERVICES - Payment for capital assets 5 951 R'000 Adjusted Appropriation Transfers and subsidies Current payment 1.1 DEPARTMENT MANAGEMENT Detail per sub-programme - (122) 7 1 - 114 - 1 19 190 (3 250) 253 1 729 1 058 R'000 Shifting of Funds - - - - - - - - - - - - R'000 Virement 2012/13 86 526 16 627 7 485 1 - 100 2 716 9 092 1 574 290 47 642 253 1 729 7 009 R'000 Final Appropriation APPROPRIATION STATEMENT for the year ended 31 March 2013 70 258 13 427 7 318 1 78 2 716 9 092 1 573 290 34 764 253 1 729 7 009 R'000 Actual Expenditure INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 16 268 3 200 167 - - 22 - - - 1 - 12 878 - - - R'000 Variance 81.2% 80.8% 100.0% 65.6% 100.0% 78.0% 100.0% 100.0% 100.0% 99.8% 100.0% 73.0% 100.0% 100.0% 100.0% % Expenditure as % of final appropriation 60 873 - - - 8 633 - 1 442 87 40 496 294 - 9 921 R'000 Final Appropriation 60 872 - - - 8 633 - 823 87 41 115 170 - 10 044 R'000 Actual expenditure 2011/12 Independent Police Investigative Directorate Annual Report 2012/13 100 Total Payments for financial assets Payment for capital assets Machinery and equipment Transfers and subsidies to: Departmental agencies and accounts Households Current payments Compensation of employees Goods and services Interest and rent on land Programme 1 per economic classification 86 526 - 1 140 100 - 36 940 48 346 R'000 Adjusted Appropriation - 2 272 1 926 75 (2 275) R'000 Shifting of Funds - - - - - R'000 Virement 2012/13 86 526 2 1 412 100 1 926 37 015 46 071 - R'000 Final Appropriation 70 258 2 1 222 100 1 926 31 551 35 457 R'000 Actual Expenditure APPROPRIATION STATEMENT for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 16 268 - 190 - 5 464 10 614 - R'000 Variance 81.2% 100.0% 86.5% 100.0% 100.0% 85.2% 77.0% % Expenditure as % of final appropriation 60 873 - 1 736 87 - 24 424 34 626 R'000 Final Appropriation 60 872 - 993 87 - 24 424 35 368 R'000 Actual expenditure 2011/12 101 Independent Police Investigative Directorate Annual Report 2012/13 2 518 135 2.3 POLICY DEVELOPMENT & PROVINCIAL COORDINATION Current payment Payment for capital assets 105 967 6 450 93 - 2.2 INFORMATION MANAGEMENT Current payment Payment for capital assets Payment for financial assets Total 92 358 3 4 410 - R'000 Adjusted Appropriation 2.1 INVESTIGATION MANAGEMENT Current payment Transfers and subsidies Payment for capital assets Payment for financial assets Detail per sub-programme - 34 - 97 - (249) 113 5 R'000 Shifting of Funds - - - - R'000 Virement 2012/13 105 967 2 552 135 6 547 93 - 92 109 116 4 410 5 R'000 Final Appropriation 97 009 1 739 107 2 251 32 - 90 860 116 1 899 5 R'000 Actual Expenditure APPROPRIATION STATEMENT for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 8 958 813 28 4 296 61 - 1 249 2 511 - R'000 Variance 91.5% 68.1% 79.3% 34.4% 34.4% - 98.6% 100.0% 43.1% 100.0% % Expenditure as % of final appropriation 90 869 - 17 040 2 372 3 69 333 2 113 8 R'000 Final Appropriation 90 868 - 17 492 1 920 3 70 038 1 407 8 R'000 Actual expenditure 2011/12 Independent Police Investigative Directorate Annual Report 2012/13 102 Total Payments for financial assets Payment for capital assets Machinery and equipment Transfers and subsidies to: Departmental agencies and accounts Households Current payments Compensation of employees Goods and services Programme 2 per economic classification 105 967 - 4 638 3 - 61 525 39 801 R'000 Adjusted Appropriation - 5 - 3 110 1 120 (1 238) R'000 Shifting of Funds - - - - - R'000 Virement 2012/13 105 967 5 4 638 6 110 62 645 38 563 R'000 Final Appropriation 97 009 5 2 039 6 110 61 037 33 812 R'000 Actual Expenditure APPROPRIATION STATEMENT for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 8 958 - 2 599 - 1 608 4 751 R'000 Variance 91.5% 100.0% 44.0% 100.0% 100.0% 97.4% 87.7% % Expenditure as % of final appropriation 90 869 11 3 061 - 52 599 35 198 R'000 Final Appropriation 90 868 11 3 327 - 52 172 35 358 R'000 Actual expenditure 2011/12 103 Independent Police Investigative Directorate Annual Report 2012/13 Total Machinery and equipment Payment for capital assets Goods and services Compensation of employees Current payments Programme 3 per economic classification Total Payment for capital assets Current payment 3.2 INVESTIGATION ADVISORY SERVICES Payment for capital assets Current payment 3.1 LEGAL SUPPORT Detail per sub-programme 5 405 28 436 4 941 R'000 Adjusted Appropriation 5 405 - 4 158 28 1 219 R'000 Adjusted Appropriation - 57 258 (315) R'000 Shifting of Funds - 11 (96) 46 39 R'000 Shifting of Funds - - - - R'000 Virement 2012/13 - - - - - R'000 Virement 2012/13 5 405 85 694 4 626 R'000 Final Appropriation 5 405 11 4 062 74 1 258 R'000 Final Appropriation 4 182 84 693 3 405 R'000 Actual Expenditure 4 182 11 2 839 74 1 258 R'000 Actual Expenditure APPROPRIATION STATEMENT for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 1 223 1 1 1 221 R'000 Variance 1 223 - 1 223 - - R'000 Variance 77.4% 98.8% 99.9% 73.6% % Expenditure as % of final appropriation 77.4% 100.0% 69.9% 100.0% 100.0% % Expenditure as % of final appropriation 1 792 115 252 1 425 R'000 Final Appropriation 1 792 31 264 1 497 R'000 Actual expenditure 1 792 - - 31 1 761 R'000 Actual expenditure 2011/12 1 792 - - 115 1 677 R'000 Final Appropriation 2011/12 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 NOTES TO THE APPROPRIATION STATEMENT for the year ended 31 March 2013 1. Detail of transfers and subsidies as per Appropriation Act (after Virement): Detail of these transactions can be viewed in the note on Transfers and subsidies, disclosure notes and Annexure 1 (A-H) to the Annual Financial Statements. 2. Detail of specifically and exclusively appropriated amounts voted (after Virement): Detail of these transactions can be viewed in note 1 (Annual Appropriation) to the Annual Financial Statements. 3. Detail on payments for financial assets Detail of these transactions per programme can be viewed in the note on Payments for financial assets to the Annual Financial Statements. 4. Explanations of material variances from Amounts Voted (after Virement): 4.1 Per programme Final Actual Appropriation Expenditure Variance R’000 Variance as a % of Final Appropriation Administration Investigation and Information 86 526 70 258 16 268 18.80% 105 967 97 009 8 958 8.45% 5 405 4 182 1 223 22.63% Management Legal Services The main reason for the under-spending of the Programme: Administration was mainly caused by delays in filling and replacement of the vacancies that have been vacated in the year under audit. Non filling of the mentioned vacancies did not materially affect the performance of the Department since there were acting officials in some of the key vacant positions such as the Executive Director`s position. The programme` s none filling of the nine Provincial Heads and Programme managers at senior management level has affected Compensation of Employees` spending as well as goods and services in terms of office equipment. Two Senior Managers in programme 3 were acting in other Programmes of the Department which were vacant and their administrative costs relating to their acting capacities were also carried by the Programmes where members were acting. There were also acting officials in Legal Service positions to ensure that the legal support service continues. (In the case of the surplus on programmes, a detailed explanation must be given as to whether it is as a result of a saving or under spending) Independent Police Investigative Directorate Annual Report 2012/13 104 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 NOTES TO THE APPROPRIATION STATEMENT for the year ended 31 March 2013 4.2 Per economic classification Final Actual Variance Appropriation Expenditure Variance as a % of Final Appropriation R’000 R’000 R’000 R’000 Current payments Compensation of employees Goods and services 104 286 95 993 8 293 7.95% 85 328 69 962 15 366 18.01% 106 106 - 0.00% 2 036 2 036 - 0.00% Transfers and subsidies Departmental agencies and accounts Households Payments for capital assets Machinery and equipment Payments for financial assets 6 135 3 345 2 790 45.48% 7 7 - 0.00% The delays in filling some senior management vacancies including nine Provincial heads and Programme 2 Manager has also affected both Compensation of Employees and Goods and Services since the procurement of IT equipment and furniture were budgeted but not procured. The Directorate intended to establish additional two satellite offices which could not happen due to the delays in procurement process that happened in conjunction with Public Works. Delivery and procurement of office furniture including IT equipment for officials were also delayed and affected the spending in Machinery and Equipment. 105 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 STATEMENT OF FINANCIAL PERFORMANCE for the year ended 31 March 2013 PERFORMANCE Note 2012/13 2011/12 R'000 R'000 REVENUE Annual appropriation 1 197 898 153 534 Departmental revenue 2 179 125 198 077 153 659 TOTAL REVENUE EXPENDITURE Current expenditure Compensation of employees 3 95 993 78 093 Goods and services 4 69 962 70 990 165 955 149 083 2 142 87 2 142 87 3 345 4 351 3 345 4 351 7 11 171 449 153 532 26 628 127 Total current expenditure Transfers and subsidies Transfers and subsidies 6 Total transfers and subsidies Expenditure for capital assets Tangible capital assets 7 Total expenditure for capital assets Payments for financial assets 5 TOTAL EXPENDITURE SURPLUS/(DEFICIT) FOR THE YEAR Reconciliation of Net Surplus/(Deficit) for the year Voted funds 12 26 449 2 Departmental revenue and NRF Receipts 13 179 125 26 628 127 SURPLUS/(DEFICIT) FOR THE YEAR Independent Police Investigative Directorate Annual Report 2012/13 106 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 STATEMENT OF FINANCIAL POSITION as at 31 March 2013 POSITION Note 2012/13 2011/12 R'000 R'000 ASSETS Current assets 26 547 2 091 Unauthorised expenditure 8 891 891 Cash and cash equivalents 9 25 475 29 Prepayments and advances 10 20 20 Receivables 11 161 1 151 26 547 2 091 26 547 2 091 TOTAL ASSETS LIABILITIES Current liabilities Voted funds to be surrendered to the Revenue Fund 12 26 449 (508) Departmental revenue and NRF Receipts to be surrendered 13 (8) 20 Bank overdraft 14 - 705 Payables 15 106 1 874 26 547 2 091 - - to the Revenue Fund TOTAL LIABILITIES NET ASSETS 107 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 CASH FLOW STATEMENT for the year ended 31 March 2013 CASH FLOW Note 2012/13 2011/12 R'000 R’000 CASH FLOWS FROM OPERATING ACTIVITIES Receipts Annual appropriated funds received Departmental revenue received 1.1 2 Net (increase)/decrease in working capital 198 077 153 147 197 898 153 024 179 123 (778) 1 288 301 (3 100) (165 955) (149 083) Payments for financial assets (7) (11) Transfers and subsidies paid (2 142) (87) 16 29 496 2 154 7 (3 345) (4 351) - 2 (3 345) (4 349) 26 151 (2 195) (676) 1 519 25 475 (676) Surrendered to Revenue Fund Current payments Net cash flow available from operating activities CASH FLOWS FROM INVESTING ACTIVITIES Payments for capital assets Proceeds from sale of capital assets 2.4 Net cash flows from investing activities Net increase/(decrease) in cash and cash equivalents Cash and cash equivalents at beginning of period Cash and cash equivalents at end of period Independent Police Investigative Directorate Annual Report 2012/13 17 108 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 ACCOUNTING POLICIES for the year ended 31 March 2013 The Financial Statements have been prepared in accordance with the following policies, which have been applied consistently in all material aspects, unless otherwise indicated. However, where appropriate and meaningful, additional information has been disclosed to enhance the usefulness of the Financial Statements and to comply with the statutory requirements of the Public Finance Management Act, Act 1 of 1999 (as amended by Act 29 of 1999), and the Treasury Regulations issued in terms of the Act and the Division of Revenue Act, Act 1 of 2010. 1. Presentation of the Financial Statements 1.1 Basis of preparation The financial statements have been prepared on a modified cash basis of accounting. Under this basis, the effects of transactions and other events are recognised in the financial records when the resulting cash is received or paid. The “modification” results from the recognition of certain near-cash balances in the financial statements as well as the revaluation of foreign investments and loans and the recognition of resulting revaluation gains and losses. In addition supplementary information is provided in the disclosure notes to the financial statements where it is deemed to be useful to the users of the financial statements. 1.2 Presentation currency All amounts have been presented in the currency of the South African Rand (R) which is also the functional currency of the department. 1.3 Rounding Unless otherwise stated all financial figures have been rounded to the nearest one thousand Rand (R’000). 1.4 Comparative figures Prior period comparative information has been presented in the current year’s financial statements. Where necessary figures included in the prior period financial statements have been reclassified to ensure that the format in which the information is presented is consistent with the format of the current year’s financial statements. 109 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 ACCOUNTING POLICIES for the year ended 31 March 2013 1.5 Comparative figures - Appropriation Statement A comparison between actual amounts and final appropriation per major classification of expenditure is included in the Appropriation Statement. 2. Revenue 2.1 Appropriated funds Appropriated funds comprises of departmental allocations as well as direct charges against revenue fund (i.e. statutory appropriation). Appropriated funds are recognised in the financial records on the date the appropriation becomes effective. Adjustments made in terms of the adjustments budget process are recognised in the financial records on the date the adjustments become effective. Unexpended appropriated funds are surrendered to the National/Provincial Revenue Fund. Any amounts owing to the National Revenue Fund at the end of the financial year are recognised as payable in the statement of financial position. Any amount due from the National/Provincial Revenue Fund at the end of the financial year is recognised as a receivable in the statement of financial position. 2.2 Departmental revenue All departmental revenue is recognised in the statement of financial performance when received and is subsequently paid into the National/Provincial Revenue Fund, unless stated otherwise. Any amount owing to the National Revenue Fund at the end if the financial year is recognised as a payable in the statement of financial position. No accrual is made for amounts receivable from the last receipt date to the end of the reporting period. These amounts are however disclosed in the disclosure notes to the annual financial statements. Independent Police Investigative Directorate Annual Report 2012/13 110 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 ACCOUNTING POLICIES for the year ended 31 March 2013 3. Expenditure 3.1 Compensation of employees 3.1.1 Salaries and wages Salaries and wages are expensed in the statement of financial performance when the final authorisation for payment is effected on the system (by no later than 31 March of each year). Other employee benefits that give rise to a present legal or constructive obligation are disclosed in the disclosure notes to the financial statements at its face value and are not recognised in the statement of financial performance or position. 3.1.2 Social contributions Employer contributions to post employment benefit plans in respect of current employees are expensed in the statement of financial performance when the final authorisation for payment is effected on the system (by no later than 31 March of each year). No provision is made for retirement benefits in the financial statements of the department. Any potential liabilities are disclosed in the financial statements of the National Revenue Fund and not in the financial statements of the employer department. Employer contributions made by the department for certain of its ex-employees (such as medical benefits) are classified as transfers to households in the statement of financial performance. 3.2 Goods and services Payments made during the year for goods and/or services are recognised as an expense in the statement of financial performance when the final authorisation for payment is effected on the system (by no later than 31 March of each year). The expense is classified as capital if the goods and/or services were acquired for a capital project or if the total purchase price exceeds the capitalisation threshold (currently R5, 000). All other expenditures are classified as current. Rental paid for the use of buildings or other fixed structures is classified as goods and services and not as rent on land. 111 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 ACCOUNTING POLICIES for the year ended 31 March 2013 3.3 Payments for financial assets Debts are written off when identified as irrecoverable. Debts written-off are limited to the amount of savings and/or underspending of appropriated funds. The write off occurs at year-end or when funds are available. No provision is made for irrecoverable amounts but an estimate is included in the disclosure notes to the financial statements. All other losses are recognised when authorisation has been granted for the recognition thereof. 3.4 Transfers and subsidies Transfers and subsidies are recognised as an expense when the final authorisation for payment is effected on the system (by no later than 31 March of each year). 3.5 Unauthorised expenditure When confirmed unauthorised expenditure is recognised as an asset in the statement of financial position until such time as the expenditure is either approved by the relevant authority, recovered from the responsible person or written off as irrecoverable in the statement of financial performance. Unauthorised expenditure approved with funding is derecognised from the statement of financial position when the unauthorised expenditure is approved and the related funds are received. Where the amount is approved without funding it is recognised as expenditure in the statement of financial performance on the date stipulated in the Act. 3.6 Fruitless and wasteful expenditure Fruitless and wasteful expenditure is recognised as expenditure in the statement of financial performance according to the nature of the payment and not as a separate line item on the face of the statement. If the expenditure is recoverable it is treated as an asset until it is recovered from the responsible person or written off as irrecoverable in the statement of financial performance. 3.7 Irregular expenditure Irregular expenditure is recognised as expenditure in the statement of financial performance. If the expenditure is not condoned by the relevant authority it is treated as an asset until it is recovered or written off as irrecoverable. Independent Police Investigative Directorate Annual Report 2012/13 112 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 ACCOUNTING POLICIES for the year ended 31 March 2013 4. Assets 4.1 Cash and cash equivalents Cash and cash equivalents are carried in the statement of financial position at cost. Bank overdrafts are shown separately on the face of the statement of financial position. For the purposes of the cash flow statement, cash and cash equivalents comprise cash on hand, deposits held, other short-term highly liquid investments and bank overdrafts. 4.2 Prepayments and advances Amounts prepaid or advanced are recognised in the statement of financial position when the payments are made and are derecognised as and when the goods/services are received or the funds are utilised. Prepayments and advances outstanding at the end of the year are carried in the statement of financial position at cost. 4.3 Receivables Receivables included in the statement of financial position arise from cash payments made that are recoverable from another party (including departmental employees) and are derecognised upon recovery or write-off. Receivables outstanding at year-end are carried in the statement of financial position at cost plus any accrued interest. Amounts that are potentially irrecoverable are included in the disclosure notes. 4.4 Inventory Inventories that qualify for recognition must be initially reflected at cost. Where inventories are acquired at no cost, or for nominal consideration, their cost shall be their fair value at the date of acquisition. All inventory items at year-end are reflected using the weighted average cost or FIFO cost formula. 113 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 ACCOUNTING POLICIES for the year ended 31 March 2013 4.5 Capital assets 4.5.1 Movable assets Initial recognition A capital asset is recorded in the asset register on receipt of the item at cost. Cost of an asset is defined as the total cost of acquisition. Where the cost cannot be determined accurately, the movable capital asset is stated at fair value. Where fair value cannot be determined, the capital asset is included in the asset register at R1. All assets acquired prior to 1 April 2002 are included in the register R1. Subsequent recognition Subsequent expenditure of a capital nature is recorded in the statement of financial performance as “expenditure for capital assets” and is capitalised in the asset register of the department on completion of the project. Repairs and maintenance is expensed as current “goods and services” in the statement of financial performance. 4.5.2 Immovable assets Initial recognition A capital asset is recorded on receipt of the item at cost. Cost of an asset is defined as the total cost of acquisition. Where the cost cannot be determined accurately, the immovable capital asset is stated at R1 unless the fair value for the asset has been reliably estimated. Subsequent recognition Work-in-progress of a capital nature is recorded in the statement of financial performance as “expenditure for capital assets”. On completion, the total cost of the project is included in the asset register of the department that is accountable for the asset. Repairs and maintenance is expensed as current “goods and services” in the statement of financial performance. Independent Police Investigative Directorate Annual Report 2012/13 114 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 ACCOUNTING POLICIES for the year ended 31 March 2013 5. Liabilities 5.1 Payables Recognised payables mainly comprise of amounts owing to other governmental entities. These payables are carried at cost in the statement of financial position. 5.2 Contingent liabilities Contingent liabilities are included in the disclosure notes to the financial statements when it is possible that economic benefits will flow from the department, or when an outflow of economic benefits or service potential is probable but cannot be measured reliably. 5.3 Commitments Commitments are not recognised in the statement of financial position as a liability or as expenditure in the statement of financial performance but are included in the disclosure notes. 5.4 Accruals Accruals are not recognised in the statement of financial position as a liability or as expenditure in the statement of financial performance but are included in the disclosure notes. 5.5 Employee benefits Short-term employee benefits that give rise to a present legal or constructive obligation are disclosed in the disclosure notes to the financial statements. These amounts are not recognised in the statement of financial performance or the statement of financial position. 5.6 Lease commitments Finance lease Finance leases are not recognised as assets and liabilities in the statement of financial position. Finance lease payments are recognised as a capital expense in the statement of financial performance and are not apportioned between the capital and the interest portions. The total finance lease payment is disclosed in the disclosure notes to the financial statements. 115 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 ACCOUNTING POLICIES for the year ended 31 March 2013 Operating lease Operating lease payments are recognised as an expense in the statement of financial performance. The operating lease commitments are disclosed in the discloser notes to the financial statement. 5.7 Impairment The department tests for impairment where there is an indication that a receivable, loan or investment may be impaired. An assessment of whether there is an indication of possible impairment is done at each reporting date. An estimate is made for doubtful loans and receivables based on a review of all outstanding amounts at year-end. Impairments on investments are calculated as being the difference between the carrying amount and the present value of the expected future cash flows / service potential flowing from the instrument. 5.8 Provisions Provisions are disclosed when there is a present legal or constructive obligation to forfeit economic benefits as a result of events in the past and it is probable that an outflow of resources embodying economic benefits will be required to settle the obligation and a reliable estimate of the obligation can be made. 6. Receivables for departmental revenue Receivables for departmental revenue are disclosed in the disclosure notes to the annual financial statements. These receivables are written off when identified as irrecoverable and are disclosed separately. 7. Related party transactions Specific information with regards to related party transactions is included in the disclosure notes. 8. Key management personnel Compensation paid to key management personnel including their family members where relevant, is included in the disclosure notes. Independent Police Investigative Directorate Annual Report 2012/13 116 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 1. Annual Appropriation 1.1 Annual Appropriation Included are funds appropriated in terms of the Appropriation Act (and the Adjustments Appropriation Act) for National Departments (Voted funds) and Provincial Departments: 2012/13 2011/12 Funds not Appropriation received Final Actual Funds requested/ Appropriation Received not received R’000 R’000 R’000 R’000 ADMINISTRATION 86 526 86 526 - 59 769 INVESTIGATION & 105 967 105 967 - 74 245 5 405 5 405 - 19 010 197 898 197 898 - 153 024 INFORMATION MANAGEMENT LEGAL SERVICES Total An amount of R510 000 which was requested but not received in the previous year(2011/12) represents cash that only affected the bank account and not the annual appropriation in 2012/13. The same amount was accounted for and disclosed under note 12. 2. Departmental revenue Note 117 2012/13 2011/12 R’000 R’000 Sales of goods and services other than capital assets 2.1 138 111 Interest, dividends and rent on land 2.3 - (1) Sales of capital assets 2.4 - 2 Transactions in financial assets and liabilities 2.5 41 13 Total revenue collected 179 125 Departmental revenue collected 179 125 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 2.1 Sales of goods and services other than capital assets Note 2012/13 2011/12 R’000 R’000 136 111 75 61 61 50 2 - 138 111 2012/13 2011/12 R’000 R’000 Interest - (1) Total - (1) 2012/13 2011/12 R’000 R’000 - 2 - 2 - 2 2012/13 2011/12 R’000 R’000 Other Receipts including Recoverable Revenue - Debt 41 13 Total 41 13 Sales of goods and services produced by the department Sales by market establishment – Stop 2 order commissioners, parking Other sales – Tender documents, duplicate IRP5 Sales of scrap, waste and other used current goods – Old Toners to suppliers Total 2.2 Interest, dividends and rent on land Note 2 2.3 Sale of capital assets Note 2 Tangible assets Machinery and equipment 41 Total 2.4 Transactions in financial assets and liabilities Note 2 3. 3.1 Compensation of employees Salaries and Wages 2012/13 2011/12 R’000 R’000 61 853 50 877 1 319 1 151 337 15 6 354 3 877 Other non-pensionable allowances 13 918 11 742 Total 83 781 67 Basic salary Performance award Service Based Compensative/circumstantial Note 662 Independent Police Investigative Directorate Annual Report 2012/13 118 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 3.2 Social contributions Note 2012/13 2011/12 R’000 R’000 Pension 8 042 6 612 Medical 4 149 3 801 21 18 Total 12 212 10 431 Total compensation of employees 95 993 78 093 304 303 Employer contributions Bargaining council Average number of employees 4. Goods and services Note 2012/13 2011/12 R’000 R’000 897 640 1 626 789 591 674 Bursaries (employees) 176 215 Catering 385 340 2 649 2 425 Administrative fees Advertising Assets less than R5,000 4.1 Communication Computer services 4.2 7 358 7 011 Consultants, contractors and agency/outsourced services 4.3 1 836 1 841 Audit cost – external 4.4 3 186 2 453 7 203 5 586 2 751 1 972 13 175 22 792 Fleet services Inventory 4.5 Operating leases Property payments 4.6 5 096 5 537 Travel and subsistence 4.7 20 619 15 723 Venues and facilities 371 305 Training and staff development 844 1 616 1 199 1 071 69 962 70 990 2012/13 2011/12 R’000 R’000 591 674 591 674 591 674 Other operating expenditure 4.8 Total 4.1 Assets less than R5,000 Note 4 Tangible assets Machinery and equipment Total 119 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 4.2 Computer services Note 2012/13 2011/12 R’000 R’000 SITA computer services 1 361 1 140 External computer service providers 5 997 5 871 Total 7 358 7 011 4 4.3 Consultants, contractors and agency/outsourced services Note 2012/13 2011/12 R’000 R’000 Business and advisory services 342 396 Legal costs 715 193 Contractors 578 999 Agency and support/outsourced services 201 253 1 836 1 841 2012/13 2011/12 R’000 R’000 Regularity audits 3 106 2 259 Computer audits 80 194 3 186 2 453 2012/13 2011/12 R’000 R’000 1 2 95 174 4 Total 4.4 Audit cost – External Note 4 Total 4.5 Inventory Note 4 Fuel, oil and gas Other consumables Materials and supplies 50 20 2 601 1 774 4 2 2 751 1 972 2012/13 2011/12 R’000 R’000 2 054 2 378 103 119 Other 2 939 3 040 Total 5 096 5 537 Stationery and printing Medical supplies Total 4.6 Property payments Note 4 Municipal services Property management fees Independent Police Investigative Directorate Annual Report 2012/13 120 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 4.7 Travel and subsistence Note 2012/13 2011/12 R’000 R’000 Local 20 619 15 723 Total 20 619 15 723 2012/13 2011/12 R’000 R’000 Learnerships - 279 Professional bodies, membership and subscription fees - 3 Resettlement costs 350 154 Other 849 635 Total 1 199 1 071 8 4.8 Other operating expenditure Note 4 5. Payments for financial assets Note Debts written off 5.1 2011/12 R’000 R’000 7 11 7 11 2012/13 2011/12 R’000 R’000 Salary Overpayment and claims written off 5 - Tax Debt - 11 Bursary 2 - Total 5.1 2012/13 Debts written off Note 5 Nature of debts written off (Group major categories, but list material items: debts written off relating to irregular expenditure, recoverable expenditure and other debts must be listed here) - 121 Total 7 11 Total debt written off 7 11 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 6. Transfers and subsidies 2012/13 2011/12 R’000 R’000 Note Departmental agencies and accounts Annex 1C 106 87 Households Annex 1H 2 036 - 2 142 87 2012/13 2011/12 R’000 R’000 3 345 4 351 3 345 4 351 3 345 4 Total 7. Expenditure for capital assets Note Tangible assets Machinery and equipment 7.1 Total 351 7.1 Analysis of funds utilised to acquire capital assets – 2012/13 Voted funds Aid assistance Total R’000 R’000 R’000 3 345 - 3 345 3 345 - 3 345 3 345 - Tangible assets Machinery and equipment Total 3 345 7.2 Analysis of funds utilised to acquire capital assets – 2011/12 Voted funds Aid assistance Total R’000 R’000 R’000 4 351 - 4 351 4 351 - 4 351 4 351 - 4 351 Tangible assets Machinery and equipment Total Independent Police Investigative Directorate Annual Report 2012/13 122 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 8. 8.1 Unauthorised expenditure Reconciliation of unauthorised expenditure Note 2012/13 2011/12 R’000 R’000 Opening balance 891 891 Unauthorised expenditure awaiting authorisation / 891 891 891 891 891 891 written off Analysis of awaiting authorisation per economic classification Current Total 8.2 Analysis of unauthorised expenditure awaiting authorisation per economic classification 2012/13 2011/12 R’000 R’000 891 891 891 891 2012/13 2011/12 R’000 R’000 891 891 891 891 2012/13 2011/12 R’000 R’000 Consolidated Paymaster General Account 30 370 - Disbursements (4 922) 2 27 27 25 475 29 Current Total 8.3 Analysis of unauthorised expenditure awaiting authorisation per type Unauthorised expenditure relating to overspending of the vote or a main division within a vote Total 9. Cash and cash equivalents Cash on hand Total 123 Note Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 10. Prepayments and advances Note 2012/13 2011/12 R’000 R’000 Travel and subsistence 20 20 Total 20 20 The disclosed prepayment amount represents the entrapment fees to Investigations 11. Receivables 2012/13 2011/12 R’000 R’000 R’000 Less than One to Older one year three than years three Note R’000 R’000 Total Total years Claims recoverable 11.1 31 3 3 37 997 11.2 4 - 86 90 27 Staff debt 11.3 16 6 12 34 117 Other debtors 11.4 - - - - 10 51 9 101 161 1 Annex 4 Recoverable expenditure Total 151 11.1 Claims recoverable Note 2012/13 2011/12 R’000 R’000 37 571 - 426 37 997 2012/13 2011/12 R’000 R’000 129 27 Debt receivable Income (8) - Debt receivable Interest (31) - 90 27 11 National departments Provincial departments Total Recoverable expenditure (disallowance accounts) Note 11 (Group major categories, but list material items) Debt Account CA Total Independent Police Investigative Directorate Annual Report 2012/13 124 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 11.2 Staff debt Note 2012/13 2011/12 R’000 R’000 21 10 - 107 (4) - 3 - Salary Reversal Control 14 - Total 34 117 2012/13 2011/12 R’000 R’000 Independent Institutions - 10 Total - 10 2012/13 2011/12 R’000 R’000 (508) 2 991 26 449 2 - (510) 508 (2 991) 26 449 (508) 11 (Group major categories, but list material items) Tax Debt Other Salary ACB Recalls Salary Deduction Disallowance 11.3 Other debtors Note 11 (Group major categories, but list material items) 12. Voted funds to be surrendered to the Revenue Fund Note Opening balance Transfer from statement of financial performance Voted funds not requested/not received 1.1 Paid during the year Closing balance 13. Departmental revenue and NRF Receipts to be surrendered to the Revenue Fund Note Opening balance Transfer from Statement of Financial Performance Paid during the year Closing balance 125 2012/13 2011/12 R’000 R’000 20 4 179 125 (207) (109) (8) 20 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 14. 15. Bank Overdraft 2012/13 2011/12 R’000 R’000 Consolidated Paymaster General Account - 705 Total - 705 Payables – current Note Note Amounts owing to other entities 2011/12 R’000 R’000 - 68 Clearing accounts 15.1 106 - Other payables 15.3 - 1 806 Total 15.1 2012/13 106 1 874 Clearing accounts Note 2012/13 2011/12 R’000 R’000 Sal: Income Tax 106 - Total 106 - 2012/13 2011/12 R’000 R’000 Outstanding Payments - 1 806 Total - 1 806 15 Description (Identify major categories, but list material amounts) 15.2 Other payables Note 15 Description (Identify major categories, but list material amounts) Independent Police Investigative Directorate Annual Report 2012/13 126 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 16. Net cash flow available from operating activities Note 2012/13 2011/12 R’000 R’000 Financial 26 628 127 Add back non cash/cash movements not deemed operating 2 868 2 027 990 (557) - (1) (1 768) 1 846 Expenditure on capital assets 3 345 4 351 Surrenders to Revenue Fund Net surplus/(deficit) as per Statement of Performance activities (Increase)/decrease in receivables – current (Increase)/decrease in prepayments and advances (Increase)/decrease in other current assets 301 (3 100) Voted funds not requested/not received - (510) Other non-cash items - (2) 29 496 2 154 2012/13 2011/12 Net cash flow generated by operating activities 17. Reconciliation of cash and cash equivalents for cash flow purposes Note R’000 R’000 Consolidated Paymaster General account 30 370 (705) Disbursements (4 922) 2 27 27 25 475 (676) Cash on hand Total These amounts are not recognised in the Annual Financial Statements and are disclosed to enhance the usefulness of the Annual Financial Statements. 127 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 18. 18.1 Contingent liabilities and contingent assets Contingent liabilities Note Liable to Housing loan guarantees 2012/13 2011/12 R’000 R’000 Annex 3A - 168 Annex 3B 10 186 9 301 10 186 9 469 Nature Employees Claims against the department Total 19. Commitments Note 2012/13 2011/12 R’000 R’000 1 160 - 120 - 1 280 - 1 391 - 114 - 1 505 - 2 785 - Current expenditure Approved and contracted Approved but not yet contracted Capital expenditure Approved and contracted Approved but not yet contracted Total Commitments No commitment is for longer than a year 20. Accruals 2012/13 2011/12 R’000 R’000 Listed by economic classification 30 Days 30+ Days Total Total 1 962 1 163 3 167 1 973 42 - 42 - 2 004 1 163 3 167 1 973 Goods and services Capital assets Total Independent Police Investigative Directorate Annual Report 2012/13 128 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 Note 2012/13 2011/12 R’000 R’000 2 341 1 722 824 251 2 - 3 167 1 973 Listed by programme level Administration Investigation and Information Management Legal Services Total Note 2012/13 2011/12 The disclosed amount of accruals includes an outstanding invoice on property leases. R’000 R’000 Confirmed balances with other departments Annex 5 38 20 Confirmed balances with other government entities Annex 5 106 1 874 144 1 894 Total 21. 129 Employee benefits Note 2012/13 2011/12 R’000 R’000 Leave entitlement 4 396 1 244 Service bonus (Thirteenth cheque) 2 665 2 198 Performance awards 1 986 1 299 Capped leave commitments 3 560 3 487 Other - 1 111 Total 12 607 9 339 a. Included in the Leave entitlement is an amount of R217 395.03 which represents 204.16 negative leave balances for total of 32 officials as at the year end. b. Leave entitlement also included current and prior year liability. c. Service Bonus liability is a systematically Persal calculated which reconcile with the formula included in the DPSA Financial Manual. Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 22. 22.1 Lease commitments Operating leases expenditure 2012/13 Buildings Specialised and other Machinery military fixed and equipment Land structures equipment Total Not later than 1 year - - 1 515 46 1 561 Later than 1 year and not later than - - 32 627 7 772 40 399 Later than five years - - 5 780 - 5 780 Total lease commitments - - 39 922 7 818 47 740 5 years All Leases have been paid based on the contractual obligations as stipulated in the lease contracts. Specialised Buildings military and other Machinery equipment fixed and structures equipment Land 2011/12 Total Not later than 1 year - - 9 268 - 9 268 Later than 1 year and not later than - - 33 274 - 33 274 - - 5 349 - 5 349 - 47 891 - 47 891 5 years Later than five years Total lease commitments Independent Police Investigative Directorate Annual Report 2012/13 130 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 22.2 Finance leases expenditure** Buildings 2012/13 Specialised and other Machinery military fixed and equipment Land structures equipment Total Not later than 1 year - - - - - Later than 1 year and not later - - - - - - - - - - than 5 years Total lease commitments Buildings 2011/12 Specialised and other Machinery military fixed and equipment Land structures equipment Total Not later than 1 year - - - 370 370 Later than 1 year and not later - - - 160 160 - - - 530 530 - - - 530 530 than 5 years Total lease commitments LESS: finance costs Total present value of lease liabilities **This note excludes leases relating to public private partnership as they are separately disclosed to note no.39. 23. 23.1 Irregular expenditure Reconciliation of irregular expenditure Opening balance Add: Irregular expenditure – relating to prior year Add: Irregular expenditure – relating to current year Less: Amounts condoned Note 2012/13 2011/12 R’000 R’000 247 184 - - 676 83 - (20) 923 247 Less: Amount recoverable( not condoned) Irregular expenditure awaiting condonation 131 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 23.3 23.4 Analysis of awaiting condonation per age classification Current year 676 63 Prior years 247 184 Total 923 247 Details of irregular expenditure current year Incident Exceeding the delegation limit Exceeding the delegation limit Disciplinary taken/Criminal Steps Currently investigation Currently investigation under 2011/12 R’000 financial financial 274 398 under 4 676 Leave without approval Currently investigation 23.4. under Reconciliation of irregular expenditure under investigation Incident Note 2012/13 R’000 Exceeding the financial delegation limit 672 4 676 23. Fruitless and Wasteful expenditure 24.1 Reconciliation of fruitless and wasteful expenditure Note 2012/13 2011/12 R’000 R’000 Opening balance 1 - Fruitless and wasteful expenditure – relating to current year 2 1 Fruitless 3 1 and wasteful expenditure awaiting resolution Independent Police Investigative Directorate Annual Report 2012/13 132 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 24.2 Analysis of awaiting resolution per economic classification 2012/13 2011/12 R’000 R’000 3 1 3 1 Current Total 24.3 Analysis of Current Year’s Fruitless and wasteful expenditure Incident Disciplinary steps taken/Criminal proceedings 2012/13 R’000 Traffic fines on rented vehicles To be recovered from the affected officials 2 2 24. Related party transactions Revenue Received Note 2012/13 2011/12 R’000 R’000 2012/13 2011/12 R’000 R’000 2012/13 2011/12 R’000 R’000 Guarantees issued/received List other contingent liabilities between department Note and related party In Kind Goods and Services provided/received List other contingent liabilities between department Note and related party List related party relationships South African Police Services (SAPS) and Department of Justice (DoJ) are considered to be related due to the significant influence over operational decisions. IPID makes recommendations which are considered by both institutions. 133 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 Forevermore Trading, a service provider owned by a spouse of an official has entered into financial transaction for supplying the Department with stationery to an amount of R7 409.70. The official did not have any influence on the transaction since he is not part of the administration support services 25. Key management personnel No. of 2012/13 2011/12 R’000 R’000 Individuals Officials: Level 15 to 16 1 2 696 1 140 Level 14 (incl. CFO if at a lower level) 13 9 317 3 370 12 013 4 510 Total The Chief Director: Legal Services at level 14 was appointed as acting Executive Director who is at level 15 due to the departure of the ED in August 2012 26. Impairment Note 2012/13 2011/12 R’000 R’000 Debtors 32 39 Total 32 39 Impairment Independent Police Investigative Directorate Annual Report 2012/13 134 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 27. Movable Tangible Capital Assets MOVEMENT IN MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2013 Opening Curr Year balance Adjustment Additions Disposals Closing Balance s to prior year balances R’000 R’000 R’000 R’000 R’000 18 634 - 3 345 667 21 313 2 887 - - (421) 2 466 10 844 - 2 446 (234) 13 056 Furniture and office equipment 3 779 - 857 (12) 4 624 Other machinery and equipment 1 124 - 42 - 1 166 18 634 - 3 345 (667) 21 312 MACHINERY AND EQUIPMENT Transport assets Computer equipment TOTAL MOVABLE TANGIBLE CAPITAL ASSETS 28.1 Additions ADDITIONS TO MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2013 Cash MACHINERY AND Non-cash (Capital Received Work in current, Progress not paid current (Paid costs and current finance year, lease received payments) prior year) Total R’000 R’000 R’000 R’000 R’000 3 345 - - - 3 345 2 446 - - - 2 446 857 - - - 857 42 - - - 42 3 345 - - - 3 345 EQUIPMENT Computer equipment Furniture and office equipment Other machinery and equipment TOTAL ADDITIONS MOVABLE TO TANGIBLE CAPITAL ASSETS 135 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 28.2 Disposals DISPOSALS OF MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2013 Sold for Transfer Total Cash Received cash out or disposals Actual destroyed or scrapped R’000 R’000 R’000 R’000 - 667 667 - Transport assets - 421 421 - Computer equipment - 234 234 - Furniture and office equipment - 12 12 - - 667 667 - MACHINERY AND EQUIPMENT TOTAL DISPOSAL MOVABLE OF TANGIBLE CAPITAL ASSETS 28.3 Movement for 2011/12 MOVEMENT IN MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2012 Opening Additions Disposals Closing balance R’000 R’000 R’000 R’000 15 528 4 350 1 244 18 634 Transport assets 2 969 - (82) 2 887 Computer equipment 8 288 3 319 (763) 10 844 Furniture and office equipment 2 862 935 (18) 3 779 Other machinery and equipment 1 409 96 (381) 1 124 15 528 4 350 (1 244) 18 634 balance MACHINERY AND EQUIPMENT TOTAL MOVABLE TANGIBLE ASSETS Independent Police Investigative Directorate Annual Report 2012/13 136 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 28.4 Minor assets MOVEMENT IN MINOR ASSETS PER THE ASSET REGISTER FOR THE YEAR ENDED AS AT 31 MARCH 2013 Specialised Intangible Heritage Machinery Biological military assets assets assets and assets Total equipment R’000 R’000 R’000 R’000 R’000 R’000 Opening balance - - 12 8 922 - 8 934 Additions - - - 397 - 397 Disposals - - - (103) - (103) TOTAL - - 12 9 216 - 9 228 Specialised Intangible Heritage Machinery Biological Total military assets assets assets and assets MINOR ASSETS equipment Number of - - 15 5 817 - 5 832 - - 15 5 817 - 5 832 minor assets at cost TOTAL NUMBER OF MINOR ASSETS Minor Assets MOVEMENT IN MINOR ASSETS PER THE ASSET REGISTER FOR THE YEAR ENDED AS AT 31 MARCH 2012 Specialised Intangible Heritage Machinery Biological military assets assets assets and assets Total equipment R’000 R’000 R’000 R’000 R’000 R’000 Opening balance - - 12 8 837 - 8 849 Additions - - - 737 - 737 Disposals - - - (652) - (652) TOTAL - - 12 8 922 - 8 934 MINOR ASSETS 137 Independent Police Investigative Directorate Annual Report 2012/13 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 DISCLOSURE NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 Specialised Intangible Heritage Machinery Biological military assets assets assets and assets Total equipment Number of - - 15 5 666* - 5 681 - - 15 5 666 - 5 681 minor assets at cost TOTAL NUMBER OF MINOR ASSETS * Note: This represents an immaterial prior period correction due to minor assets which were erroneously disclosed under specialised military assets instead of Machinery & Equipment. The amount of the adjustment is 60 minor assets. Independent Police Investigative Directorate Annual Report 2012/13 138 139 Independent Police Investigative Directorate Annual Report 2012/13 SABC – TV LICENCES SASSETA DEPARTMENT/ AGENCY/ ACCOUNT - 106 - R'000 11 95 R'000 Roll Overs Adjusted Appropriation - - - R'000 Adjustments TRANSFER ALLOCATION STATEMENT OF TRANSFERS TO DEPARTMENTAL AGENCIES AND ACCOUNTS ANNEXURE 1C ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 Total 106 11 95 R'000 Available 106 11 95 R'000 Transfer Actual 100% 100% % Transferred funds Available % of TRANSFER Act 87 - 87 R'000 Appropriation 2011/12 Independent Police Investigative Directorate Annual Report 2012/13 140 Total - - 2 036 2 036 1 847 R'000 H/H CLAIMS AGAINST THE STATE - R'000 Adjustments 189 - R'000 Overs Appropriation Act Roll Adjusted TRANSFER ALLOCATION H/H EMPLS/BEN LEAVE GRATUITY Transfers HOUSEHOLDS STATEMENT OF TRANSFERS TO HOUSEHOLDS ANNEXURE 1H ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 2 036 2 036 1 847 189 R'000 Available Total 2 036 2 036 1 847 189 R'000 Transfer Actual % 100% 100% Transferred Available funds % of EXPENDITURE Act - - - R'000 Appropriation 2011/12 141 Independent Police Investigative Directorate Annual Report 2012/13 TOTAL SUB TOTAL Travel With Flair Received in kind Travel Adventure Sub Total Received in cash NAME OF ORGANISATION 15 x 2013 Diaries 30 x 2013 Desk Calendar - NATURE OF GIFT.DONATION OR SPONSORSHIP STATEMENT OF GIFTS, DONATIONS AND SPONSORSHIPS RECEIVED ANNEXURE 1I ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 6 6 - - 4 2 - R’000 R’000 - 2011/12 2012/12 Independent Police Investigative Directorate Annual Report 2012/13 142 TOTAL SUB TOTAL 1 x Projector Video Overhead 1 x Shredder Machine 3 x Notebook Laptop DELL Made in kind 3 x Computer (CPU)DELL Sub Total Paid in cash NATURE OF GIFT, DONATION OR SPONSORSHIP - - - - 21 49 49 5 7 16 - - - R’000 R’000 - 2011/12 2012/12 STATEMENT OF GIFTS, DONATIONS AND SPONSORSHIPS MADE AND REMISSIONS, REFUNDS AND PAYMENTS MADE AS AN ACT OF GRACE ANNEXURE 1K ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 143 Independent Police Investigative Directorate Annual Report 2012/13 Housing Housing Housing ABSA NEDBANK STANDARD 1 116 1 116 TOTAL 490 130 496 R’000 168 168 54 26 88 R’000 capital Subtotal respect of institution Housing Guarantee in Guarantor balance 1 April 2012 guaranteed amount Opening Original - - R’000 year during the draw downs Guarantees STATEMENT OF FINANCIAL GUARANTEES ISSUED AS AT 31 MARCH 2012 – LOCAL ANNEXURE 3A 168 168 54 26 88 R’000 year during the released reduced/ cancelled/ repayments/ Guarantees ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 R’000 Revaluations - - - - - R’000 2013 31 March balance Closing - - - - - R’000 2013 31 March year ended interest for Guaranteed - - - - - R’000 paid out i.e. claims recoverable losses not Realised Independent Police Investigative Directorate Annual Report 2012/13 144 8 527 120 1 9 301 9 301 Subtotal TOTAL 18 300 61 274 R’000 1 April 2012 Balance Opening Possible Claims KE Sons Investments CC Buitendach L/P Ethekwine Municipality Claims against the department Court settlement: SA Underwriter o.b.o. DL Saila North West Mafikeng – SM Matshe vs Minister LK Ntuli vs M Ntsheno (GP) Moodley SG vs ICD Nature of Liability STATEMENT OF CONTINGENT LIABILITIES AS AT 31 MARCH 2012 ANNEXURE 3B 1 279 1 279 1 279 - - R’000 Liabilities incurred during the year ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 394 394 120 - 274 R’000 Liabilities paid/cancelled/ reduced during the year - - R’000 Liabilities recoverable (Provide details hereunder) 10 186 10 186 9 806 1 18 300 61 - R’000 31 March 2013 Balance Closing 145 Independent Police Investigative Directorate Annual Report 2012/13 29 - - 29 TOTAL - 15 - Department of Trade and industry Department of Energy National Prosecuting Authority Department of Water Affairs Department of Public Works Department of Correctional Services Department of Mineral Resources Gauteng Provincial Government Limpopo: Health and Social Development Mpumalanga: Community Safety & Security Department of Economic Development - 3 SAPS - R’000 31/03/2012 Statistics SA 11 R’000 31/03/2013 Confirmed balance outstanding Department of Health Department National Treasury Government Entity CLAIMES RECOVERABLE ANNEXURE 4 ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 8 8 3 3 2 R’000 31/03/2013 997 997 19 13 11 19 32 18 34 394 9 23 - 3 12 3 407 R’000 31/03/2012 Unconfirmed balance outstanding 997 997 37 37 19 13 11 19 32 18 34 394 9 23 - 3 12 3 407 R’000 31/03/2012 15 3 3 5 11 - R’000 31/03/2013 Total INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 ANNEXURE 5 INTER-GOVERNMENT PAYABLES GOVERNMENT ENTITY DEPARTMENTS Current National Treasury KZN: Provincial Treasury Department of Justice Confirmed balance outstanding 31/03/2013 31/03/2012 R’000 R’000 16 22 20 - Unconfirmed balance outstanding 31/03/2013 31/03/2012 R’000 R’000 - - 31/03/2013 R’000 TOTAL 31/03/2012 R’000 16 22 20 - Subtotal 38 20 OTHER GOVERNMENT ENTITY Current SARS Independent Institutions 106 - 68 1 806 - Subtotal 106 1 874 - 144 1 894 - 38 20 - 106 - 68 1 806 - 106 1 874 144 1 894 Total An amount R38 000 was confirmed as payables but not yet paid at the reporting date hence it cannot be presented in the financial position due modified cash. Independent Police Investigative Directorate Annual Report 2012/13 146 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE VOTE 23 ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2013 ANNEXURE 6 INVENTORY Inventory Note Quantity 2012/13 Quantity R’000 Opening balance Add/(Less): Adjustments to prior year balance Add: Additions/Purchases - Cash Add: Additions - Non-cash (Less): Disposals (Less): Issues Add/(Less): Adjustments Closing balance 147 2011/12 R’000 6 385 204 5 779 2 429 263 40 - (2 252) 37 944 2 533 21 060 3 108 34 1 834 - - - (2) (1) (36 886) (2 384) (20 990) (3 078) - - (296) (2) 7 740 394 6 385 204 Independent Police Investigative Directorate Annual Report 2012/13 HUMAN RESOURCE INFORMATION Table 1: Personnel expenditure by programme Programme Total Expenditure (R’000) Programme 1 Programme 2 Programme 3 TOTAL Personnel Expenditure (R’000) 70 258 97 009 4 181 171 449 Training Expenditure (R’000) 31 551 61 037 3 405 95 993 202 618 23 844 Professional and Special Services Expenditure (R’000) Personnel Expenditure as a % of total expenditure 860 197 1 057 Average personnel cost per employee (R’000) 44.91 62.92 81.42 55.99 259 351 426 316 Table 2: Personnel costs by salary band Salary band Skilled (level 3-5) Highly skilled production (levels 6-8) Highly skilled supervision (levels 9-12) Senior and Top management (levels 13-16) Total Personnel Expenditure (R’000) 10 500 34011 % of total personnel cost No. of employees 10.6 34.4 76 127 Average personnel cost per employee (R’000) 138 268 34175 34.5 82 417 17 307 17.5 19 911 95993 63 304 316 Table 3: Salaries, Overtime, Home Owners Allowance and Medical Aid by programme Programme Salaries Amount (R’000) Programme 1 Programme 2 Programme 3 TOTAL 21 277 38 504 2 072 61 853 Salaries as a % of personnel costs 67.44 63.08 60.86 64.43 Overtime Amount (R’000) 556 978 1 534 Independent Police Investigative Directorate Annual Report 2012/13 Overtime as a % of personnel costs 1.76 1.60 1.6 Home Owners Allowance Amount HOA as a % (R’000) of personnel costs 3.33 1 050 1 561 2.56 47 1.37 2 657 2.7 Medical Aid Amount (R’000) 1 453 2 648 48 4 149 Medical aid as a % of personnel costs 4.61 4.34 1.42 4.3 148 HUMAN RESOURCE INFORMATION Table 4: Salaries, Overtime, Home Owners Allowance and Medical Aid by salary band Salary Bands Salaries Overtime Amoun t (R’000) Salaries as a % of personnel costs Amount (R’000) Overtime as a % of personnel costs Skilled (level 3-5) Highly skilled production (levels 6-8) Highly skilled supervision (levels 9-12 7147 22444 67.4 64 105 957 1 2.3 18154 53.1 468 1.4 Senior management (level 13-16) Total 14108 74.7 4 0 61853 64 1534 1.6 Home Owners Allowance Amount HOA as (R’000) a % of person nel costs 737 7 Medical Aid Amount (R’000) 908 Medical aid as a % of personnel costs 8.6 1129 3.2 1928 5.5 625 1.8 1173 3.4 166 2657 1.7 2.7 140 4149 0.7 4.3 Table 5: Employment and vacancies by programme Programme Programme 1 Programme 2 Programme 3 Total Number of posts on approved establishment 139 202 8 349 Number of posts filled Vacancy Rate 122 174 8 304 12.2 13.9 12.9 Number of employees additional to the establishment - Table 6: Employment and vacancies by salary band Salary band Lower skilled ( 1-2) Skilled(3-5) Highly skilled production (6-8) Highly skilled supervision (9-12) Senior management (13-16) Total 149 Number of posts on approved establishment 84 138 94 33 349 Number of posts filled 76 127 82 19 304 Vacancy Rate 9.5 8.6 12.8 42.4 12.9 Number of employees additional to the establishment - Independent Police Investigative Directorate Annual Report 2012/13 HUMAN RESOURCE INFORMATION Table 7: Job Evaluation by Salary band Salary band Lower Skilled (Levels1-2) Skilled (Levels 3-5) Highly skilled production (Levels 6-8) Highly skilled supervision (Levels 9-12) Senior Management Service Band A Senior Management Service Band B Senior Management Service Band C Senior Management Service Band D Total Number of posts on approved establish ment 84 138 Number of Jobs Evaluate d % of posts evaluated by salary bands Posts Upgraded Number % of posts evaluated Posts downgraded Number % of posts evaluate d - - - - - - 94 2 2.1 - - - - 19 2 11 - - - - 13 - - - - - - 1 - - - - - - - - - - - - - 349 4 1.1 - - - - Table 8: Annual turnover rates by salary band Salary Band Lower skilled ( Levels 1-2) Skilled (Levels3-5) Highly skilled production (Levels 6-8) Highly skilled supervision (Levels 9-12) Senior Management Service Bands A Senior Management Service Bands B Senior Management Service Bands C Senior Management Service Bands D Contracts Total Number of employees at beginning of periodApril 2012 72 119 72 17 4 1 285 Appointment s and transfers into the department 20 20 9 2 51 Terminations and transfers out of the department Turnover rate 11 8 10 1 2 1 15.2 6.7 13.8 5.8 50 100 - 33 11.5 Table 9: Reasons why staff left the department Termination Type Death Resignation Expiry of contract Dismissal – operational changes Dismissal – misconduct Dismissal – inefficiency Discharged due to ill-health Retirement Transfer to other Public Service Departments Other Total Total number of employees who left as a % of total employment Independent Police Investigative Directorate Annual Report 2012/13 Number 1 13 19 33 % of Total Resignations 3 39.3 57.5 100 11.5 150 HUMAN RESOURCE INFORMATION Table 10: Promotions by salary band Salary Band Lower skilled ( Levels 1-2) Skilled (Levels3-5) Highly skilled production (Levels 6-8) Highly skilled supervision (Levels 9-12) Senior Management (Level 13-16) Total Employees 1 April 2012 Promotions to another salary level 72 119 72 22 285 Progressions to another notch within a salary level 1 11 Salary bands promotions as a % of employees by salary level 1.25 8.2 26 28.2 36 39 4 12.5 - - 42 12.4 131 38.8 41 54 Notch progression as a % of employees by salary bands 51 40 Employment Equity Table 11: Total number of employees (including employees with disabilities) in each of the following occupational categories as at 31 March 2013 Occupational category Legislators, senior officials and managers African 11 Coloured - Female Indian - White - African 7 Coloured - Total Indian - White 1 19 Professionals 38 3 3 7 27 1 2 2 83 Technicians and associate professionals 66 1 1 1 51 3 3 - 126 Clerks 25 - - - 46 5 - - 76 Service and sales workers - - - - - - - - - Skilled agriculture and fishery workers - - - - - - - - - Craft and related trades workers - - - - - - - - - Plant and machine operators and assemblers - - - - - - - - - Elementary occupations - - - - - - - - - 140 4 4 8 131 9 5 3 304 2 - - - 2 - - - 4 Total Employees with disabilities 151 Male Independent Police Investigative Directorate Annual Report 2012/13 HUMAN RESOURCE INFORMATION Table 12: Total number of employees (including employees with disabilities) in each of the following occupational bands on 31 March 2013 Occupational Band African Male Coloured Indian Female Coloured Indian Top Management(L15L16) - - - Whit e - African - - - Whit e - Senior Management(L13L14) 11 - - - 7 - - 1 Tota l - 19 Professionally qualified and experienced specialists and midmanagement 38 3 3 7 27 1 2 2 83 Skilled technical and academically qualified workers, junior management, supervisors, foreman and superintendents 66 1 1 1 51 3 3 - 126 Semi-skilled and discretionary decision making 25 - - - 46 5 - - 76 - - - - - - - - - 140 4 4 8 131 9 5 3 304 Female Coloured Indian - White - Total - Unskilled defined making and decision Total Table 13: Recruitment Occupational Band Top Management African - Male Coloured Indian - White - African - Senior Management - - - - 1 - - - 1 Professionally qualified and experienced specialists and midmanagement 4 - 1 - 4 - 1 - 10 Skilled technical and academically qualified workers, junior management, supervisors, foreman and superintendents 9 1 - - 4 - 1 - 15 Semi-skilled and discretionary decision making 1 - - - 9 - 2 - 12 Unskilled defined making - - - - - - - - - Total 14 1 1 - 18 - 4 - 38 Employees disabilities 1 - - - - - - - 1 and decision with Independent Police Investigative Directorate Annual Report 2012/13 152 HUMAN RESOURCE INFORMATION Table 14: Promotions Occupational Band Top Management Senior Management Professionally qualified and experienced specialists and midmanagement Skilled technical and academically qualified workers, junior management, supervisors, foreman and superintendents Semi-skilled and discretionary decision making Unskilled and defined decision making Total Employees with disabilities Male African 1 13 Coloured - Indian - White 2 Female African 1 9 Coloured - Indian 2 White 2 - Total 4 26 6 - - - 5 - - - 11 - - - - 1 - - - 1 - - - - - - - - - 20 1 - - 2 - 16 - - 2 - 2 - 42 1 Table 15: Terminations Occupational Band African Top Management Senior Management Professionally qualified and experienced specialists and midmanagement Skilled technical and academically qualified workers, junior management, supervisors, foreman and superintendents Semi-skilled and discretionary decision making Unskilled and defined decision making Total Employees with Disabilities 153 Male Coloured Indian White African Female Coloured Indian White Total 1 - - - - - - 1 - 1 1 1 - - 1 2 - - 1 5 1 - - - 3 1 - - 5 1 - - - 1 - - - 2 - - - - - - - - - 4 - - - 1 - 6 - 1 - - 2 - 14 - Independent Police Investigative Directorate Annual Report 2012/13 HUMAN RESOURCE INFORMATION Table 16: Disciplinary action Disciplinary Male action African 6 2 Coloured Female Indian White African 1 Coloured Indian White Total 3 6 Table 17: Skills development Occupational category Legislators, senior officials and managers Male African 4 Female Coloured Indian Professionals 25 2 2 Technicians and associate professionals 56 1 1 3 2 Employees with disabilities African 4 6 13 40 12 Clerks Total White 97 6 1 Coloured Indian White Total 8 1 6 30 2 87 8 1 49 105 44 2 206 2 3 NB: Some of the employees attended both the skills programmes and other forms of training. Performance Rewards Table 18: Performance Rewards by race, gender and disability Race and Gender African, Male Asian, Male Coloured Male White Male African Female Asian Female Coloured Female White Female TOTAL Number of beneficiaries 60 1 3 8 59 5 8 4 148 Beneficiary Profile Number of % of total within employees group 140 43 4 25 4 75 8 100 131 45 5 100 9 3 304 48.6 Independent Police Investigative Directorate Annual Report 2012/13 Cost (R’000) 562 16 40 110 439 30 42 69 1 308 Cost Average cost employee 9.3 16 13.3 12.2 7.5 6 5.2 17.2 8.8 per 154 HUMAN RESOURCE INFORMATION Table 19: Performance Rewards by salary band for personnel below Senior Management Service, Salary Band Lower Skilled (Levels 1-2) Skilled (level 35) Highly skilled production (level 6-8) Highly skilled supervision (level 9-12) Total Beneficiary Profile Number of Number of % of total beneficiaries employees within salary bands - Total Cost (R’000) Cost Average cost per employee - - Total cost as a % of the total personnel expenditure - 46 76 60.5 230 5 2.1 58 127 34.1 493 8.5 1.4 44 82 11.5 585 13.2 1.8 285 52.6 1 308 8.8 1.3 148 Leave utilisation Table 20: Sick leave Salary Band Lower Skills (Level 1-2) Skilled (levels 3-5) Highly skilled production (levels 6-8) Highly skilled supervision (levels 9 -12) Top and Senior management (levels 13-16) Total Total days % Days with Medical certification % of total employees using sick leave Average days per employee 79.9 88 Number of Employees using sick leave 74 83 488 542 Estimated Cost (R’000) 31.6 35.5 7 7 173 345 389 86.1 62 26.5 6 442 94 85.1 15 6.4 6 271 1 513 84.9 234 100 6 1 231 Number of Employees using disability leave - % of total employees using disability leave - Average days per employee Estimated Cost (R’000) - - Table 21: Disability leave (temporary and permanent) Salary Band Lower skilled (Levels 1-2) % Days with Medical certification - - Skilled (Levels 3-5) - - - - - - Highly skilled production (Levels 6-8) 5 100 1 20 5 3 Highly skilled supervision (Levels 9-12) 119 100 3 60 40 93 Senior management (Levels 13-16) 3 100 1 20 3 8 127 100 5 100 25 104 Total 155 Total days Independent Police Investigative Directorate Annual Report 2012/13 HUMAN RESOURCE INFORMATION Table 22: Annual Leave Salary Band Total days taken - Lower skilled (Levels 1-2) Average per employee - 1 423.84 17 Highly skilled production (Levels 6-8) 2 238 18 Highly skilled supervision(Levels 9-12) 1 558 19 Skilled Levels 3-5) 448 19 5 667.84 18 Senior management (Levels 13-16) Total Table 23: Capped leave Salary Band Total days of capped leave taken Average number of days taken per employee Average capped leave per employee as at 31 March Lower skilled (Levels 1-2) - - - Skilled Levels 3-5) - - - Highly skilled production (Levels 6-8) - - - Highly skilled supervision(Levels 9-12) 6 3 54 Senior management (Levels 13-16) - - - Total 6 3 54 The following table summarises payments made to employees as a result of leave that was not taken. Table 24: Leave pay-outs Reason Total Amount Number of Average per (R’000) Employees employee (R’000) Leave pay out for 2012/13 due to non-utilisation of leave for the previous cycle Capped leave pay-outs on termination of service for 2012/13 Current leave pay out on termination of service for 2012/13 269 13 20 337 20 16 8 3 2 Total 614 36 38 Independent Police Investigative Directorate Annual Report 2012/13 156 HUMAN RESOURCE INFORMATION HIV/AIDS & Health Promotion Programmes Table 25: Details of Health Promotion and HIV/AIDS Programmes (tick the applicable boxes and provide the required information) Question 1. Has the department designated a member of the Yes X No Details, if yes Ms Sibongile Phalatsi – Director: Human Resources and Development Services SMS to implement the provisions contained in Part VI E of Chapter 1 of the Public Service Regulations, 2001? If so, provide her/his name and position. 2. Does the department have a dedicated unit or X has it designated specific staff members to promote the health and well-being of your employees? If so, The sub-directorate has two permanent employees dedicated in promoting the health and wellbeing of employees. The annual budget for Employee Health and Wellness during 2012/13 was R427 000.00. indicate the number of employees who are involved in this task and the annual budget that is available for this purpose. 3. Has the department introduced an Employee X Assistance or Health Promotion Programme for your employees? If so, indicate the key elements/services of this Programme. 4. Has the department established (a) committee(s) as contemplated in Part VI E.5 (e) of Chapter 1 of the Public Service Regulations, 2001? If so, please provide the names of the members of the committee and the stakeholder(s) that they represent. X The Employee Assistance Programme was introduced in 01 February 2005. The programme services are outsourced to Independent Counselling and Advisory Services (ICAS). The services include a 24-hour multilingual toll-free counselling, life management services, professional face-to-face counselling sessions, managerial and retrenchment counselling, trauma counselling, and incident counselling. The Special Programmes and Employee Wellness Committee deals with HIV and AIDS, Health and Wellness and special program issues. The members are: The members of the Special Programmes Committee were as follows: Ms S Phalatsi (Chairperson) Ms P Mlungwana Mr T Mmusi Mr L John Mr D Mokoena Mr G Angus Mr O Khanyi Mr M Parman Mr M Molatedi Mr R Raburabu The Employee Wellness Programme Committee members were: Ms Phalatsi Mr T Tshabalala Ms E Engelbrecht Ms M Phakathi 157 Independent Police Investigative Directorate Annual Report 2012/13 HUMAN RESOURCE INFORMATION Question Yes 5. Has the department reviewed its employment No Details, if yes The Directorate reviewed the Employee Health and Wellness Policy. X policies and practices to ensure that these do not The Directorate is in the process of reviewing the HIV/AIDS policy to address measures to protect HIV-positive employees. unfairly discriminate against employees on the basis of their HIV status? If so, list the employment policies/practices so reviewed. 6. Has the department introduced measures to X protect HIV-positive employees or those perceived The Directorate is in the process of reviewing the HIV/AIDS policy to address measures to protect HIV-positive employees. to be HIV-positive from discrimination? If so, list the key elements of these measures. 7. Does the department encourage its employees to X undergo Voluntary Counselling and Testing? If so, list the results that you have achieved. 8. Has the department developed measures/indicators to monitor & evaluate the impact of its health promotion programme? If so, list these measures/indicators. X ƒ The Directorate conducted two voluntary counselling sessions to encourage employees to undergo voluntary counselling and testing. ƒ The number of employees who participated in the testing drive increased as compared to the previous year. The measures developed to evaluate the impact of the health promotion programmes are as follows: A project plan developed to address the health and wellness trends identified in the annual report from Independent Counselling and Advisory Services On-going workshops provided to employees on employee health and wellness issues Monthly Desk wellness Drops on Employee Pamphlets in the lifts. Independent Police Investigative Directorate Annual Report 2012/13 158 HUMAN RESOURCE INFORMATION Labour Relations The following table summarises the outcome of disciplinary hearings conducted within the department for the year under review. Table 26: Misconduct and disciplinary hearings finalised Outcomes of disciplinary hearings Number % of total Final written warning 2 33 Suspended without pay 1 17 3 50 6 100 Correctional counselling Verbal warning Written warning Fine Demotion Dismissal Not guilty Case withdrawn Total Table 27: Types of misconduct addressed at disciplinary hearings Type of misconduct (based on annexure A) Number % of total Misrepresentation 2 67 Insubordination 1 33 -Contravention of policy - - Total 3 100 Table 28: Grievances lodged Number % of Total Number of grievances resolved 5 60 Number of grievances not resolved 8 40 Total number of grievances lodged 13 100 - - Backlog 159 Independent Police Investigative Directorate Annual Report 2012/13 HUMAN RESOURCE INFORMATION Table 29: Disputes lodged Number % of Total Number of disputes upheld 1 0 Number of disputes dismissed - 0 Total number of disputes lodged 3 0 Backlog 2 0 Table 30: Precautionary suspensions Number of people suspended 2 Number of people whose suspension exceeded 30 days 2 Average number of days suspended 150 Cost (R’000) of suspension R 386 161.12 Skills development This section highlights the efforts of the department with regard to skills development. Table 31: Training needs identified Occupational Gender Category Number of Training needs identified at start of the reporting employees period as at 1 April Learnerships 2012 Skills Other Programmes forms & training other Total of short courses Legislators, senior officials and managers Female 10 - 8 8 Male 12 - 17 17 Professionals Female 27 - 40 40 Male 45 - 72 72 Female 55 - 04 04 Male 64 - 03 03 Female 51 - 37 37 Male 21 - 8 8 285 - 189 189 Technicians associate professionals Clerks Total and Independent Police Investigative Directorate Annual Report 2012/13 160 HUMAN RESOURCE INFORMATION Table 32: Training provided for the period Occupational Gender Category Number of Training provided within the reporting period employees Learnerships Skills Other as at 1 April Programmes forms 2012 & training other Total of short courses Legislators, senior officials and managers Female 10 - 9 6 15 Male 12 - 12 7 19 Professionals Female 27 - 47 12 59 Male 45 - 77 24 101 Female 55 - - 2 2 Male 64 - - 1 1 Female 51 - 19 21 40 Male 21 - 6 5 11 170 78 248 Technicians associate professionals and Clerks 285 Total Injury on duty The following tables provide basic information on injury on duty. Table 33: Injury on duty Nature of injury on duty 161 Number % of total Required basic medical attention only 3 100 Temporary Total Disablement - - Permanent Disablement - - Fatal - - Total 3 100 Independent Police Investigative Directorate Annual Report 2012/13 HUMAN RESOURCE INFORMATION Utilisation of Consultants Table 34: Report on consultant appointments using appropriated funds Project Title Independent Counselling Total Number of consultants Duration Contract value in that worked on project Work days Rand 01 R 202 000 Experian 01 R 44 596.80 South African Qualifications 01 R 12 000.00 and Advisory Services for Employee Assistance Programme (ICAS) Authority (SAQA) NB: The cost for SAQA is the actual expenditure since the verification is done as and when candidates are recommended for appointment. Independent Police Investigative Directorate Annual Report 2012/13 162 CONTACT INFORMATION NATIONAL OFFICE City Forum Building 114 Madiba Street Pretoria Private Bag X 941 Pretoria 0001 Tel: (012) 399-0000 Fax: (012) 326-0408 www.ipid.gov.za complaints@ipid.gov.za EASTERN CAPE Provincial office: East London Mezzanine Floor, Permanent Building 4244 Oxford Street Corner Oxford & Terminus Streets East London 5200 Telephone (043) 706-6500 Fax (043) 706-6526 complaints.easterncape@ipid.gov.za Satellite office: Mthatha 10th floor, Room 1056B, PRD Building Suiderland Street Mthatha Telephone (047) 501-5900 Fax (047) 531-1570 complaints.easterncape@ipid.gov.za FREE STATE Provincial office: Bloemfontein Standard Bank Building 15 Corner St. Andrew and West Burger Street Bloemfontein Private Bag X 20708 Bloemfontein 9300 Tel: (051) 406 6800 Fax: (051) 430 8852 complaints.freestate@ipid.gov.za Satellite office: Bethlehem Maseroy Building 28 Louw Street Bethlehem 9700 Tel: (058) 307 7620 Fax: (058) 303 4089 complaints.freestate@ipid.gov.za 163 Independent Police Investigative Directorate Annual Report 2012/13 CONTACT INFORMATION GAUTENG Provincial office: Johannesburg 20th Floor, Marble Towers Building 208-212 Jeppe Street Johannesburg Telephone (011) 220-1500 Fax (011) 333-2705 complaints.gauteng@ipid.gov.za KWAZULU-NATAL Provincial office: Durban Third Floor, The Marine Building 22 Dorothy Street Nyembe Street (Gardiner Street) Durban Telephone (031) 310-1300 Fax (031) 305-8214 complaints.kwazulunatal@ipid.gov.za Satellite office: Empangeni First Floor, Room 1 ICD, Edwards Pharmacy Building 10 Union Street Empangeni Telephone (035) 772-3022 Fax (035) 772-3049 complaints.kwazulunatal@ipid.gov.za LIMPOPO Provincial office: Polokwane Second Floor, Femnic Building 66A Market Street Polokwane Telephone (015) 291-9800 Fax (015) 295-3409 complaints.limpopo@ipid.gov.za Satellite office: Thohoyandou Ground floor, Room D1 Limdev Building Limpopo Development Corporation Thohoyandou Telephone (015) 962-0405 Fax (015) 962-0345 complaints.limpopo@ipid.gov.za MPUMALANGA Provincial office: Nelspruit First floor, Nedbank Centre 48 Brown Street Nelspruit Telephone (013) 754-1000 Fax (013) 752-2602 complaints.mpumalanga@ipid.gov.za Independent Police Investigative Directorate Annual Report 2012/13 164 CONTACT INFORMATION NORTH WEST Provincial office: Mafikeng First floor, Molopo Shopping Centre 1 Station Road Mafikeng 2745 Telephone (018) 397-2500 Fax (018) 381-1495 complaints.northwest@ipid.gov.za Satellite office: Rustenburg 165 Klopper Street Rustenburg Telephone (014) 591-8560 Fax (014) 592-1349 complaints.northwest@ipid.gov.za NORTHERN CAPE Provincial office: Kimberley 39 George Street Kimberley Telephone (053) 807-5100 Fax (053) 832-5615 complaints.northerncape@ipid.gov.za Satellite office: Upington 3 Robinson Street Upington 8800 Telephone (054) 338-5700 Fax (086) 630-0997 complaints.northerncape@ipid.gov.za WESTERN CAPE Provincial office: Cape Town First floor, Fintrust Building Corner Petrusa & Mazzur Streets Bellville 7530 Telephone (021) 941-4800 Fax (021) 949-3196 complaints.westerncape@ipid.gov.za 165 Independent Police Investigative Directorate Annual Report 2012/13 National Office: City Forum Building 114 Madiba (Vermeulen) Street, Pretoria 0002 Contact Details: Tel: 012 399 0000 Fax: 012 326 0408 Email: complaints@ipid.gov.za RP307/2013 ISBN: 978-0-621-42277-1 Title of Publication: Independent Police Investigative Directorate (IPID) Annual Report 2012/13 Independent Police Investigative Directorate Annual Report 2012/13 Independent Police Investigative Directorate (IPID) IPID Independent Police Investigative Directorate Annual Report 2012/13 ipid ipid Department: Department: Independent Police Investigative Directorate Independent Police Investigative Directorate REPUBLIC OF SOUTH AFRICA REPUBLIC OF SOUTH AFRICA