TO FROM DATE SUBJECT ipid Depanmenl Independent Police lnvesllgauve Directorate REPUBLIC OF SOUTH AFRICA PmateBag x9" Pvelma mm, Mamha sum my qum Eulhmg, Prelma rei 10121399 immisnt MEMORANDUM THE OFFICE OF THE PUBLIC PROTECTOR MS THULI MADONSELA MR AMAR MAHARAJ (ETHICS MANAGER, IPID) I8 AUGUST 2M6 REQUEST FOR INVESTIGATION Dear Ms Madonsela, RE: REQUEST FOR INVESTIGATION PERTAINING TCI MATTERS OUTLINED BELOW Annexures: Whistleblower report of cases com leled without ro er invesli ation alMpumalanga ana<1. Please accept this report as a disclosure in terms of the Protected Disclosures Act, 26 of 2000: make this report to your offioe in good faith and in my capacity as Ethics Manager at the Independent Police Investigative Directorate (IPID). I am based at the National Office in Pretoria. My office, the Ethics Olfioe, is responsible for the management of ethics and promotion of ethical principles and Values at the IPID. Officials across the IPID are encouraged to make reports of fraud and corruption, and irregular and unlawful conduct to my office in terms of established Fraud Prevention and Whistle--blowing policies. This report focuses on two major matters as outlined above. The first relates to a whistleblower report of cases completed without proper inve Mpumalanga provincial office, and the failure of the-- --, and Acting Executive Director, Mr. KI Kgamanyane, to take action and resolve the matter within a reasonable time. I sent a Memo on the matter to the Acting Executive Director on 29 January 2016, and I am of the understanding that no action has been taken to address the matter. Moreover, I am of the view that I too am being subjected to occupational detriment. was told by the Acting Executive Director last week that in terms of current restructuring, to think about being moved from my office as Ethics Manager and transferred to another component unrelated to Ethics and Governance. was informed that a junior official is to hold my current position.(My office has also recently dealt with a serious fraud matter wherein I recommended the suspension of senior SMS members and that the matter be reported to the South African Police Services). The Acting Executive Director had also informed me that he does not hold the view that the department needs a strong separate governance unit as "all managers should be responsible for governance". The second matter relates to reports of cases closed as unsubstantiated, withdrawn or declined, and cases completed at the IPID without proper investigation at the iotlowing provinces: Free State; Mpumalanga; Northern Cape; Eastern Cape; Limpopo and the North West. The majority of the cases involve assaults by members of the South African Police Service (SAPS). The total number of cases involved is unprecedented for a police oversight department in a democratic country. The data is set out below. In both the above matters the impropriety is serious. is oontinuing and is likely continue in the future it not addressed. Both matters are also in the public interest. 2 V. Further, both matters above concern a criminal olfence and illustrate that a person has failed, is failing or is likely to fail to comply with their legal obligations to which that person is subject. VI. The matter above relating to cases closed as unsubstantiated during the 2013- 2014 period at the Free State provincial otlice directly involves the current Acting- Executive Director, Mr Kl Kgamanyane who was the Provincial Head at the IPID Free State Oflice at the time. During the 2013-2014 period the Free State IPID offioe closed a total of 760 cases. 91.79% or 116 cases, were closed as unsubstantiated (559), withdrawn (116) and declined (41), - the majority allegedly without proper investigation. Of the 969 cases recorded as 'Total Workload' in the Free State (or the period 2013-2014, 930 cases were completed. A percentage completion rate at 96%. The number at assault cases completed was recorded as 761 -- many without proper investigation. VII. I am at the view that because ot the seriousness ot the alleged impropriety at the Free State, Mpumalanga, Northern Cape, Eastern Cape, Limpopo and the North West, the foice of the Public Protector conduct an investigation into the matters highlighted above. Based on reports made to my office have provided statistical data relating to cases closed and completed at the above mentioned provinces hereunder for your ease ol relerence. IX. have been advised by the olficials who made the disclosure regarding the Free State cases, that there may be a conllict ol interest with investigators lrorn the Public Protectors office in any investigation because they have a social relationship with the IPID investigators and also play soccer together. I recommend that investigators from the Public Protec10r national otlice conduct the IPID Free State investigations. 2. The Ethics Olfice had initially received a report lrorn an Investigator based at Mpumalanga province, detailing dozens ol cases, including case file numbers, ol assault, attempted murder, torture and murder which had been allegedly completed without proper investigation. The cases were allegedly completed without proper investigation by - --who is based at the Mpumalanga Olfice. 3. Following an extensive examination of the cases provided by the investigator, including obtaining detailed summaries ol the cases reported as completed, I established that the allegations were substantially true and that the cases were indeed completed without proper investigation. I aocepted the disclosure lrom the Investigator as a protected disclosure in terms of the Protected Disclosures Act, 26 ol 2000 and duly informed the investigator ol such acceptance. 4. Following numerous repons of occupational detriment, which included intolerable work conditions, harassment and victimization, reported to my oflice during the period 2015 by the whistle-blower- including a report of-openly carrying his lirearm on his side to intimidate investigators, I had numerous discussions with the-- who dismissed the reports ol the whistle-blower as a Labour Relations matter and was of the view that the investigator "could get into a lot ol trouble for making such reports". 5. In late December 2015, after receiving a report lrom the whistle-blower that the Director lnvestigations,_ had instructed the whistle-blower not to continue with his duties and responsibilities as an investigator and to be desk bound at the office, I reported the matter the Acting Executive-Director, Mr Kl Kgamanyane in January 2016. 6. In my Memo to the Acting Executive Director, I included an oflicial request that the irregular and unlawful conduct ol the_ on this matter, and other matters as detailed in my Internal Memo, be investigated. 7. To date (18 August 2016), have received no formal feedback on this matter lrom the Acting Executive Director, other than an acknowledgement of receipt ol my Memo. However, during an informal meeting with the Executive Director last week I reminded him of my Memo and that I am still awaiting a response lrom him. 8. During my informal meeting on 11 August 2016 with the Acting Executive Director, inlormed him that my Olfice (Ethics Olfice) had been receiving numerous complaints lrom Investigators and members ol Senior Management regarding cases completed and/or closed without proper investigation. I also informed him that was in the process of completing a report on the allegations. 9. Ifurther informed the Acting-Executive Director of a meeting that I had with the-- -- wherein I informed her of numerous reports made to the Ethics Office of cases completed or closed without proper investigation and that I would be preparing a repon on the matter.-- had inlormed me during the meeting that the matter of the closure of cases without proper investigation was nota governance matter. She attempted to open her cellphone to show me a delinition of oorporate governance to justin her view. I declined to view a delinition of Corporate Governance on her cellphone. 10. The closure of cases as unsubstantiated and without proper investigation, and the completion of cases without proper investigation is a contravention of the IPID Act, No.1 of 2011, and is a criminal offence which warrants the criminal charge of, amongst others, defeating the ends of justice. 11. The IPID Act gives effect to the provision of section 206(6) of the Constitution, ensuring independent oversight of the South Alrican Polioe (SAPS), and the Municipal Police Services (MPS). In terms of Section 28(1) of the IPID Act, the Directorate must investigate: Any deaths in police custody; Deaths as a result of police action: Complaints relating to the discharge of an olficial firearm by a police officer; Rape by a police oflicer, whether a police oflicer is on or olf duty: Rape of any person in police custody: An! complaint of torture or assault against a golice officer in the execution of his or her m; Corruption matters within the police initiated by the Executive Director, or after a complaint by a member of the public or relerred to the Directorate by the Minister, a MEC, or the Secretary for the Police Service; Any other matter relerred to the IPID as result of a decision by the Executive Director or if so requested by the Minister, an MEC OR THE Secretary for the police service as the case may be. B. ALLEGATIONS DF CASES CLOSED AS AND CASES CDMPETED WITHDUT PROPER INVESTIGATION AT VARIOUS FROVINCES, INCLUDING, MPUMALANGA, FREE STATE, NORTHERN CAPE, EASTERN CAFE, LIMPOPO AND NORTH WEST. 1. Following the case to the Mpumalanga whistle-blower, the Ethics Oflice had received numerous reports lrom conoerned oflicials who have reported allegations of cases being completed and/or closed without proper investigation at various provinces, including, Mpumalanga, Free State, Northern Cape, Eastern Cape, Limpopo and the North West. 2. have intentionally kept the names of all officials conlidential and have not submitted them to the_ for fear ol their personal safety and well-being. have no doubt that because of their allegations, imminent personal harm or occupational detriment would be oertain to them. 3. The allegations of cases completed or closed as unsubstantiated at the Free State province have a direct bearing on the objectivity, integrity and the moral leadership of the current, Acting Executive Director, Mr Kl Kgamanyane, who was the Provincial Head ol the Free State at the time. If the allegations are proven, it will constitute unlawful and irregular conduct and gross dereliction of duty. 4. DATA TO CASES COMPLETED OR CLOSED AS UNSUBSTANTIATED OR DECLINED, WITHOUT PROPER AT MFUMALANGA, FREE STATE, NORTHERN CAPE, EASTERN CAPE, LIMPOPO AND NORTH WEST. 'Soume Annual Reports 2013-2014, and 2014-2015 . A) Free State -- 'Closed Cases 'Source: IPID Annual Reports 2013/2014, and 2014/2015. 2013/2014 2014/2015 Total Cases Closed 780 295 Total number of cases closed as 559 80 Total number of cases withdrawn 116 16 Total Declined 41 122 Total number of Cases Withdrawn, 716 218 91.79% 73.89% unsubstantiated Closed as Unsubstantiated and Declined Percentage of cases closed as unsubstantiated, withdrawn and declined. (B) Free State –*Completed Cases *Source IPID Annual Reports 2013-2014, and 2014-2015. ‘Completion of cases refers to an investigation where the IPID has done everything within its ability to obtain evidence in order to make recommendations (criminal and disciplinary) on the case. Free State Province 2013-2014 2014-2015 Total Workload 969 815 Total Cases Completed 930 742 Percentage of Cases 96% 91% Completed 2. Mpumalanga- (A) *Closed Cases *Source: IPID Annual Reports 2013/2014, and 2014/2015. 2013-2014 Total Cases Closed 158 2014-2015 639 7 Total number of cases withdrawn 1 108 Total number of cases closed as 149 145 Total Declined 6 283 Total number of Cases Withdrawn, 156 536 98% 83.88% unsubstantiated Closed as Unsubstantiated and Declined Percentage of cases closed as withdrawn, unsubstantiated, withdrawn and declined. (B) Mpumalanga *Completed Cases. *Source IPID Annual Reports 2013-2014, and 2014-2015. ‘Completion of cases refers to an investigation where the IPID has done everything within its ability to obtain evidence in order to make recommendations (criminal and disciplinary) on the case. Mpumalanga Province 2013-2014 2014-2015 Total Workload 474 607 Total Cases Completed 310 398 Percentage of Cases 65% 66% Completed 3. Northern Cape –(A) *Closed Cases *Source: IPID Annual Reports 2013/2014, and 2014/2015. 2013-2014 Total Cases Closed 303 2014-2015 254 8 Total number of cases closed as 130 40 Total number of cases withdrawn 13 12 Total Declined 142 179 Total number of Cases Withdrawn, 285 231 94% 90.94% unsubstantiated Closed as Unsubstantiated and Declined Percentage of cases closed as unsubstantiated, withdrawn and declined. (B) *Completed Cases. Northern Cape *Source IPID Annual Reports 2013-2014, and 2014-2015. ‘Completion of cases refers to an investigation where the IPID has done everything within its ability to obtain evidence in order to make recommendations (criminal and disciplinary) on the case. Northern Cape Province 2013-2014 2014-2015 Total Workload 321 367 Total Cases Completed 279 359 Percentage of Cases 87% 98% Completed 4. Limpopo. (A)*Closed Cases*Source: IPID Annual Reports 2013/2014, and 2014/2015. 2013-2014 2014-2015 9 Total Cases Closed 125 183 Total number of cases closed as 30 14 Total number of cases withdrawn 7 11 Total Declined 77 138 Total number of Cases Closed as 114 163 91.2% 89.07% unsubstantiated Unsubstantiated, Withdrawn and Declined Percentage of cases closed as unsubstantiated, withdrawn and declined. (B) Limpopo *Completed Cases. *Source IPID Annual Reports 2013-2014, and 2014-2015. ‘Completion of cases refers to an investigation where the IPID has done everything within its ability to obtain evidence in order to make recommendations (criminal and disciplinary) on the case. Limpopo Province 2013-2014 2014-2015 Total Workload 439 456 Total Cases Completed 342 370 Percentage of Cases 78% 81% Completed 5. Eastern Cape. (A) *Closed Cases *Source Annual Reports 2013-2014, and 2014-2015 2013-2014 2014-2015 10 Total Cases Closed 494 195 222 71 Total Declined 166 85 Total number of cases withdrawn 22 7 Total number of Cases Withdrawn, 410 163 82.99% 83% Total number of cases closed as unsubstantiated Closed as Unsubstantiated and Declined Percentage of cases closed as unsubstantiated, withdrawn, and declined. (B) Eastern Cape Completed Cases *Source IPID Annual Reports 2013-2014, and 2014-2015. ‘Completion of cases refers to an investigation where the IPID has done everything within its ability to obtain evidence in order to make recommendations (criminal and disciplinary) on the case. Eastern Cape Province 2013-2014 2014-2015 Total Workload 1152 1375 Total Cases Completed 541 589 Percentage of Cases 47% 43% Completed 6. North West. (A) *Closed Cases *Source Annual Reports 2013-2014, and 2014-2015 2013-2014 2014-2015 11 Total Cases Closed 43 266 4 59 Total Declined 25 129 Total number of cases withdrawn 7 12 Total number of Cases Closed as 36 200 83.7% 75.18% Total number of cases closed as unsubstantiated Unsubstantiated Declined or Withdrawn Percentage of cases closed as unsubstantiated, withdrawn, and declined. (B) North West Province Completed Cases *Source IPID Annual Reports 2013-2014, and 2014-2015. ‘Completion of cases refers to an investigation where the IPID has done everything within its ability to obtain evidence in order to make recommendations (criminal and disciplinary) on the case. North West Province 2013-2014 2014-2015 Total Workload 355 391 Total Cases Completed 319 336 Percentage of Cases 90% 86% Completed (D) ANALYSIS OF DATA AND RECOMMENDATIONS 1. Free State 12 a) The data in the above tables for the Free State province is consistent with the allegations that a high number of cases have been closed as substantiated, and/or closed without proper investigation. or completed without proper investigation. b) As per the data above, for the period 2013-2014, the total number ol cases closed at the Free State province was 180, which is the highest number of closures at the IPID for the 2013-2014 period. In contrast, the province with the lowest closures was Western Cape with 18 cases closed. The total number of cases closed as unsubstantiated at Free State province was 559. The total number ol cases closed as Unsubstantiated, Withdrawn and declined was 716. The percentage ol cases closed as unsubstantiated, withdrawn and declined is 91.79%. c) Data lor the 2013-2014 period shows that out ol a workload ol 969 cases, 930 were completed -- a percentage of 96%. (761 assault cases were completed. Annual Report, page 45) d) Data for the 2014-2015 period shows the Free State with a total workload ol B15 and total number 0' cases completed as 742. The percentage completion rate is 91 "In. (536 assault cases were oompleted. Source Annual Report 2014-2015, page 71) e) The above data is consistent with reports to the Ethics Offioe that cases were closed as unsubstantiated, declined or withdrawn without proper investigation, and with the intention and purpose to show above average results for statistical purposes and to gain monetary incentives (bonuses)for good pertormance. Recom mendation: I. That an investigation commence to examine all the cases closed and completed at the Free State Province for the period 2013-2014 and 2013-2015 to determine the lollowing: Whether the cases closed as unsubstantiated, withdrawn and declined where closed without proper investigation and whether cases completed were completed without proper investigation. If any cases were closed as unsubstantiated, withdrawn and declined, or completed without proper investigation, criminal charges to follow against all responsible oflicials, including 2. Mpumalanga a) The data lor cases closed and completed, declined and unsubstantiated is consistent with the report made by the whistle-blower. As per the data, during the period 2014-2015, the number of cases closed in Mpumalanga was 639, and is recorded in the Annual Report as the province with the highest numbers of case closures. It is evident as per the data that for the 2014-2015 periods there was an unusually high number of cases that were declined (283), withdrawn (108) and unsubstantiated (145). b) During the period 2013-2014, of the 158 cases that were closed, 149 cases were closed as unsubstantiated -- a percentage closure of 98%. 13 c) It is evident as per the whistle-blower reports and the data on hand that the-- is acting in contravention ol' the IPID Act and his conduct, which is a serious impropriety warrants an urgent and appropriate response. Recommendation: ll. That an investigation commence to examine all the cases closed and completed at the Mpumalanga Province for the periods 2013-2014 and 2013--2015 to determine the following: a) Whether the cases closed as unsubstantiated, withdrawn and declined, or completed where closed or completed without proper investigation. b) If any cases were closed as unsubstantiated, withdrawn and declined, or completed without proper investigation, criminal charges to lollow against all responsible olficials, including 0) The weight ol' the prima facie evidence that the-- at Mpumalanga is in a corrupt relationship with repeat SAPS ol'lenders, including SAPS olficials from the As from the tiles produced by the whistleblower it is apparent that assaults and abuse of the public by members of the the--goes unchecked, and cases are completed without investigation by the IPID. 3. Northern Cape a) As per the data it is evident that for the period 2013--2014, 94% 0| all cases closed were closed as Unsubstantiated, Declined or withdrawn. The total number ol' cases closed in 2013- 2014 was reported as 303. A total of 285 cases were closed as unsubstantiated, declined and withdrawn. The number ol' cases closed as unsubstantiated and declined warrants immediate investigation. b) It is evident that lor the period 2014-2015, 91% ol' all cases were closed as unsubstantiated, declined or withdrawn. Ol the total number at cases closed recorded as 254, 231 cases were closed as unsubstantiated, declined and withdrawn. c) For the period 2014--2015, Northern Cape had completed 359 out pl 367 cases as completed -- a rate ol' 98%. Recommendation: That an investigation commence to examine all the cases closed and completed at the Northern Cape Province lor the period 2013-2014 and 2013--201 5 to determine the following: a) Whether the cases closed as unsubstantiated, withdrawn and declined where closed without proper investigation and whether cases were completed without proper investigation. b) ll' any cases were closed as unsubstantiated, withdrawn and declined, or completed without proper investigation criminal charges to follow against all responsible officials, including 4. Eastern Cape 14 a) The data is consistent with reports of irregular conduct made to the Ethics Oflice and shows that lor the period 2013-2014 of the total number ol cases closed (494), 82.99% of the cases were closed as unsubstantiated, declined or withdrawn. b) For the period 2014-2015, 83% of cases were closed as unsubstantiated, declined or withdrawn. Recom mendation: IV. That an investigation commence to examine all the cases closed and completed at the Eastern Cape Province for the period 2013-2014 and 2013-2015 to determine the following: a) Whether the cases closed or as unsubstantiated, withdrawn and declined where closed without proper investigation and whether cases were completed without proper investigation. b) ll any cases were closed as unsubstantiated, withdrawn and declined, or completed without proper investigation, criminal charges to follow against all responsible oflicials, including-- 5. Limpopo Province a) The data in the above tables show that for the period 2013-2014, 91% ol the cases closed were closed as unsubstantiated, declined or withdrawn. b) During the period 2014-2015, 89% of cases were closed as unsubstantiated, declined or withdrawn. 138 cases were declined, 14 were unsubstantiated, and 11 withdrawn out of a total of 183. c) For the period 2014-2015, Limpopo IPID completed 370 out of a total of 456. cases. d) During the period 2013-2014, Limpopo completed 342 cases out of a total workload of 439. A completion rate of 76%. Recom mendations Vll. That an investigation to commence to examine all the cases closed and completed at Limpopo Province for the period 2013-2014 and 2013-2015 to determine the following: a) Whether the cases closed as unsubstantiated, withdrawn and declined, or completed where closed or completed without proper investigation. b) If any cases were closed as unsubstantiated, withdrawn and declined, or completed without proper investigation, criminal charges to follow against all responsible officials, including-- 6. North West 15 a) For the period 2013-2014, out ol a total workload ol 355, 319 cases were completed. This represents a completion rate ol' 90% b) For the period 2014-2015, 336 cases out of a total workload of 391 were completed -- a percentage completion of 86%. c) During the period 2014-2015, out ol' the 266 cases closed by North West, 200 cases were closed as unsubstantiated, declined and withdrawn -- a percentage of 75%. Recommendations V. 1. That an investigation to commence to examine all the cases closed and completed at North West Province for the period 2013-2014 and 2013--201 5 to determine the lollowing: a) Whether the cases closed as unsubstantiated, withdrawn and declined, or completed where closed or completed without proper investigation. b) It any cases were closed as unsubstantiated, withdrawn and declined, or completed without proper investigation criminal charges to follow against all responsible officials, including E. CONCLUSION 1. It is my submission that there exists a massive lailure ol corporate governance at the IPID. The current system has been rendered increasingly weak and dysfunctional wit- --displaying weak skills and expertise, and lacking courage and commitment to deal with issues ol' lraud, corruption, risk management, and whistle--blowing. 2. At the IPID, Programme 2- Investigations, currently operates completely under the radar ol' -- A report on compliance to the Standard Operating Procedures (SOP) for investigations has never been presented to the Ethics, Compliance and Risk Management Committee since the appointment of-- -- in 2014- 3. Th-- had insisted that risks relating to the closure of cases without proper investigation be removed from the risk register. 4. Without proper oversight into investigations at the IPID, which is a corporate governance issue, senior management are able to continue without tear of being held accountable or responsible for their unlawful and irregular conduct. 5. There currently is no protection ottered to whistle-blowers at the IPID, and-- --and Acting--Executive seem to display a weak understanding ol' the provisions of the Protected Disclosures Act, 26 ol' 2006, and are displaying contempt for their legal duties and obligations. 16 10. 11. 12. The lact that-- holds the view that cases closed as unsubstantiated and or completed without proper investigation is not a governance issue warrants urgent attention and action. The public, employees and the Audit Committee, are important stakeholders and need assurance that the IPID is an ethical organization and acts within its mandate and legal duties and obligations. The conduct of senior management at the IPID demonstrates that that the department has a weak and lragmented corporate culture wherein there is little application ol ethical principles and Values. Failure to protect and respond to whistleblowers is unlawful, and inconsistent with the established, signed and approved Whistle-blowing policy of the department. It has become evident to me that the majority ol the cases closed as unsubstantiated, declined or withdrawn and or completed without proper investigation are assault cases and constitutes a serious impropriety and failing on the pan ol senior management. It is common knowledge that cases of assault reported to the IPID have become a source of irritation to some senior management as investigations cannot be concluded quickly-- in order to achieve targets. Therefore some members of management developed the strategy to close assault cases as unsubstantiated, or to decline, withdraw or refer cases. The data lor Free State as presented above illustrates this point clearly. In some instances, cases of assault are referred to SAPS for investigation. It is my expressed view that management are lully aware of the injustice that is caused to members of the public when their cases are closed as unsubstantiated, declined or withdrawn without proper investigation. They know what they are doing is wrong, but continue to serve their own naive and personal interests -- rather than the public interest- and disrespecting the victim's right to dignity and human rights as enshrined in the Bill of Rights and the Constitution of the Republic of South Africa. The result is that justice is denied and deviant police olficials become more brazen, and become repeat oflenders, as they know that the IPID is inelfective- and that cases against them would be eventually closed or completed without any action against them. In the meanwhile victims of police assault and brutality are denied justice and have to live with the pain, trauma and injury inflicted upon them. 17 13. Cases of assault, death and murder, completed or closed as unsubstantiated and without proper investigation is a contravention of the IPID Act and is a criminal act. Each case closed or completed without proper investigation is a single criminal count ol deleating the ends of justice. 14. I am copying this report to the IPID Audit Committee, as it is my fervent hope that the Committee deals with the governance issues at hand firmly and appropriately, and holds the current IPID management to account for the colossal failure of oorporate governance, weak risk management and poor internal controls. The fact that the core business ol the IPID, which is investigations, is allowed to operate completely under the radar ol corporate governance and the Ethics, Risk and Compliance Committee, should be a major red flag lor the Audit Committee. The consequences ol such an unprecedented corporate governance lailure are clearly illustrated in this report. Behind the statistics provided in this report are hundreds of victims of assaults, murder and tonure who are deprived ol justice. 15. Organizations are legitimate to the extent that their activities are congruent with the goals and values of the social system within they lunction. Therefore, legitimacy is a condition that prevails when there is congruence between the organization's activities and society's expectations. It is my view that based on the facts illustrated above, serious introspection is required at the IPID, and a drastic overhaul of current operating methods, and suspension ol dysfunctional senior management and incompetent stalf is necessary and required, in order for legitimacy ol the IPID to continue. Yours sincerely, Amar Maharaj Ethics Manager Independent Police Investigative Directorate (IPID) 18 19 ip i Department: independent Police lnvestlgallve Directorate REPUBLIC OF SOUTH AFRICA Finale Bag x941. Mama. mm Mama Street on Forum Prelnrla Tel (012MEMORANDUM TO THE OFFICE OF THE PUBLIC PROTECTOR MS THULI MADONSELA FROM MR AMAR MAHARAJ (ETHICS MANAGER, DATE 22 AUGUST 20"; SUBJECT REQUEST TO BROADEN SCOPE OF IPID INVESTIGATION TO INCLUDE REPORTING PERIOD ION-2015 Dear Adv. Madonsela. RE: REQUEST TO BROADEN SCOPE OF IPID INVESTIGATION TO INCLUDE REPORTING PERIOD 2015-2016 - RELATING TO CASES CLOSED AS UNSUBSTANTIATED REFERRED OR DECLINEDWITHOUT PROPER INVESTIGATION AND CASES DECISION READY WITHOUT PROPER INVESTIGATION. 1. Further to my Memorandum to your Ollice dated 18 August 2016, my Oflice (the IPID Ethics Office) received a report from a senior manager relating to (1) cases closed as unsubstantiated, declined and referred without proper investigation, and (2) cases completed/ decision-ready without proper investigation for the 2015-2016 reporting period. This report is made to your Office in good faith and shows the following: a) That a criminal ol'lence has been committed, is being committed and is likely to continue to be committed; b) That the Executive Director oflhe and -- 3' "19 provinces and 3' National Ollice, amongst others, has tailed, is lailing and is likely to continue to tail to comply to the legal obligations that they are subject lo; c) That a miscarriage ol' justice has occurred, is occurring and is likely to continue occurring. have analyzed the information provided to me and have attached the documents herein as Annexures: Annexure 1: Manner of Closed Cases per Province, 2015-2016 period. Annexure 2: Manner of Disposal per Category of Cases Closed. 2015-2016 period. Annexure 3: Dec Ready (Completed) Cases and the workload: 2015-2016 Annexure 4: Presentation to MANCD by the-- The Annexures above reveal the continued lailure of senior management to act in aocordance with their legal obligations, and within the mandate ol the IPID Act, - for the period 2015-2016. The Annexures above illustrate how immoral intent and purpose to show improved performance and annual results/statistics can lead to senior management compromising their Values of Integrity, Honesty,Trust and Commitment, and to embark on a devious and ultimately career ending path of criminal conduct wherein the public interest, and interests ol the victims of polioe assault, torture, murder and death are totally disregarded. My report to your Olfice last week recommended an investigation into unlawlul conduct at the following provinces: Free State, Mpumalanga, Northern Cape, Eastern Cape, Limpopo and the North West. It is my request that you expand your investigation to include the provinoes ol KwaZulu Natal, Gauteng and the Western Cape for the 2015-2016 period, as the figures recorded in these three provinces for the period 2015-201 6 illustrate the spread ol the reported impropriety and the collapse ol corporate governance, including the internal systems and controls at the IPID. The data also illustrates how a devious system to close and complete cases without proper investigation - perfected at the Free State and the North West provinces - is being railroaded across the IPID. A. Analysis of Annexures: 1. Annexure 1: Manner of Closed Cases per Province, 2015-2016 period. 2. Annexure 2: Manner of Disposal per Category of Cases Closed. 2015-2016 period. a) Annexure 1 is a table that illustrates the Manner oi Closed cases per province for the 2015-2016 reporting period and shows a staggering number ol cases closed as declined, referred, indeterminate and unsubstantiated -- without proper investigation. b) The number of closed cases recorded at Kwa-Zulu Natal IPID illustrates a total contempt lor the law and clear criminal conduct by IPID olficials.. The number of cases closed as declined, Indeterminate, referred and unsubstantiated can be further illustrated as lollows: KwaZulu Natal: Cases Closed 2015-2016 period Total cases closed 1150 Cases closed as Unsubstantiated 430 Cases closed as Referred 389 Cases closed as Indeterminate 157 Cases Declined 62 Unfounded 42 Withdrawn 11 Total cases closed as Unsubstantiated, Referred, Indeterminate, Declined, Unfounded and Withdrawn Percentage cases closed as Unsubstantiated, Referred, Indeterminate, Declined, Unfounded and Withdrawn 1091 95% c) Analysis of Data for KwaZulu Natal I. An unprecedented 95% of the cases closed in KwaZulu Natal were closed as Unsubstantiated, Referred, Indeterminate, Declined, Unfounded or Withdrawn. II. The high numbers of cases closed as Referred also included assault cases, amongst others, and closed at the IPID provincial office and sent back to SAPS police stations where they have been filed. No investigation has taken place in many instances. A SAPS official reported that when he queried as to why no investigation had taken place on an assault matter, the IPID official was arrogant and offered no logical explanation as to why the file was Referred. III. It is evident that closure of cases have been split between Unsubstantiated, Referred, and Indeterminate and declined so as not to draw too much attention to what really is a serious impropriety and criminal conduct by IPID officials. d) Western Cape and Free State. Closed Cases (2015/2016. I. It is evident as per the data herein that the high number of cases closed as unsubstantiated, declined and referred is cause for concern as it is apparent that little investigation does take place at the IPID Western Cape Free Sate Total Cases Closed 363 Total Cases Closed 479 Unsubstantiated 112 Unsubstantiated 105 3 Declined 173 Declined 267 Referred 13 Referred 48 Total Cases closed as unsubstantiated, declined and referred 298 Total Cases closed as unsubstantiated, declined and referred 420 Percentage cases closed as unsubstantiated, declined and referred 82% Percentage cases closed as unsubstantiated, declined and referred 88% e) The Data as per Annexure 1 illustrates a disturbing pattern of closing cases as unsubstantiated, declined and referred. The total number of cases closed across all provinces for the 2015-2016 period is 3050. The cases closed as Unsubstantiated (907), Declined (1041), and Referred (541) totals 2489 cases. The percentage total of cases closed as unsubstantiated, declined and referred for the period 20152016 is 82%. B. Annexure 3. Decision Ready (Completed) Cases and the workload: 2015-2016 a) The IPID in 2015-2016 now refers as ‘Decision Ready’ cases, to cases which were previously referred to as Completed Cases. As per the Annual Report 2015-2016, ‘Decision ready refers to investigation where the IPID investigator has conducted quality investigations and obtained all necessary evidence to enable the National Prosecuting Service (NPS) to make a decision whether to prosecute or not. b) As per Annexure 3, the IPID has completed an astonishing 7407 cases. c) Northern Cape, North West, Free State, Eastern Cape and Limpopo province are once again recorded as ‘top performers’ and such performance is illustrated in the following table: Provinces Total Workload Total Cases Completed Percentage of Cases Completed Northern Cape 253 232 92% North West 398 342 86% Free State 749 622 83% Eastern Cape 1377 1087 79% Limpopo 462 398 82% d) Consistent with the IPID definition of decision ready cases as above, 7407 have been completed as decision ready, wherein quality investigations have been completed and the NPS is able to make a decision as to whether to prosecute or not. 4 e) Consequently, 7407 should have been sent to the NPS. However, this is not the case as many cases have been completed without proper investigations and will not be sent lo the office of the NPS. Rather they will remain at the IPID ol'lices until they are closed as unsubstantiated, declined or withdrawn. or closed as 'lndeterminale' as in KwaZulu Natal. C. Annexure 4. Presentation to MANCO by the-- a) Annexure 4 is a presentation on the annual perlormance ol Programme 2, Investigations for the period 2015--2016, made to members ol' the IPID Management Committee (MANCO) which comprises The IPID Executive Director, Provincial Heads, and other members ol' senior management. b) It is apparent that the data for KZN in Annexure 4, shows the lollowing: KZN Decision Ready Workload 2037 Decision Ready 1491 Peroenlage ol' Decision 73% Ready c) The Annual Report shows the following decision ready data for KZN tor the 2015-2016 period: KZN Decision Ready Workload 1 800 Decision Ready 807 Peroenlage ol' Decision 45% Ready d) It is im ortant to note that the decision ready cases as per the data presented by- ihave been revised as a result ol a query from external auditors (AG). e) In total 684 cases have been removed as they were completed without proper investigation as a result of a direc1ive by lhe--lor KZN to engage in a 'special closure/completion' of files. i) The-- is now in a quandary as to what to do with the cases and is considering various options including closing the files as unsubstantiated, relerred, declined or withdrawn. Yours Sincerely, Amer Maharaj Elhics Manager Independenl Police Invesligalive Dlreclora'e (IPID) -- Dale: 22 Augusl 2016