ipid Department: independent Police Investigative Directorate REPUBLIC OF SOUTH AFRICA Title: independent Police IPID Policy Number: Investigative Directorate Standard Operating Procedures Effective Date: 01 April 2015 Standard Operating Procedures for 2015-2016 ED Initial RA Page 1 L) Table of Content 1. PURPOSE 4 2. POLICY 4 3. DEFINITIONS 5 4 APPLICATION 12 5. DUTIES AND RESPONSIBILITIES 13 5.1 The Executive Director (ED) 13 5.2 Programme Manager (PM) 13 5.3 Provincial Head (PH) 14 5.4 Director Investigations 15 5.5 Deputy Director Investigations 16 5.6 Investigators 1? Supervisor 19 5.6 Case Intake Committee (CIC) 20 6. PROCEDURES 20 6.1 Procedure for filing documents in an IPID file and docket 26 6.2 Procedure for the registration of cases 21 6.3. Procedure for the investigation of a case i.t.o. Section 28(1)(a] or (Deaths in custody or as a result of police action) of Act read with Regulation 4 and 8 22 6.4 Procedure for the investigation of a case i.t.o. Section of Act read with Regulation 6 25 6.5 Procedure for the investigation of a case i.t.o. Section of Act read with Regulation 5 and 8 26 6.6 Procedure for the investigation of a case i.t.o. Section 28(1)(h] of Act read with Regulation other criminal matters 28 6.7 Procedure for the investigation of a case i.t.o Section 26(1)(h} of the Act, Misconduct matters 29 Standard Operating Procedures for IPID 2015-2016 FED?initial I Page 2 6.8 Procedure for the investigation of Section 28(2) cases 30 6.9 Procedure for the investigation of a case i.t.o Section 33 of Act read with Section 29 of Act so 6.10 Procedure for completion and closing of files and dockets 31 6.11 Procedure for arching of files and dockets 32 6.12 Procedure for obtaining and returning SAPS dockets 32 6.13 Procedure for referral of cases 33 6.14 Crime scenes as 6.15 Arrests 33 6.16 DNA - Forensic Samples 34 7. REGULATIONS 34 8. DELEGATION 34 9. PENAL PROVISION 35 10. REVISION 3 5 Standard Operating Procedures for IPID 2015-2016 ED Initial- This SOP repeals all the previous SOPs and shall be read and implemented in conjunction with the Memorandum of Understanding with the SAPS and MP3, Firearm Control SOP, Registers and the Case Flow Chart. 1. PURPOSE The purpose of this Standard Operating Procedure (SOP) is to establish policy and methods by which cases should be received, registered, processed and disposed of, while being cognizant of the provisions of the Constitution of the Republic of South Africa Act. Act 108 of 1996; the Independent Police Investigative Directorate Act 1 of 2011; the South African Police Service Act 68 of 1995, as amended; the Criminal Procedure Act 51 of 1977, as amended, the Regulations promulgated under both the South African Police Service Act and the Independent Police Investigative Directorate Act and other relevant legislation. 2. POLICY it is the policy of the IPID to: 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. Standard Opera?tin?g Procedur Ensure that investigative assignments to IPID staff are made in a clear and unambiguous manner; Provide investigators with time frames within which to perform assigned investigative activities; Require investigative staff to provide regular reports regarding investigations to supervisors; Ensure that supervisors actively manage the investigative activities of their subordinates; Ensure that investigations are carried out in a coherent and standard method within the To comply with the turnaround time agreed to in respect of the investigation of different Section 28 matters; and Ensure compliance with established accountability mechanisms. es for win 2015-2615 ED initial Page 4 as" 3. For the purpose of this SOP the following words:r expressions shall mean: Act means the Independent Police Investigative Directorate Act, Act 1 of 2011; Acquitted (Criminal) means a member was found not guilty of a criminal offence and discharged; Acquitted (Departmental) - means a member was found not guilty of departmental misconduct; Active Investigation means any case that is still under investigation and no report can be drafted to the for a decision; Assistant Director Investigations (ASDI) - means a person appointed at a level lower than the Deputy Director Investigations; Annual Brought Forward (ABF) - means a case carried over from the previous ?nancial year, not older than 12 months; Backlog - means cases carried over from previous financial years older than 12 months; Brought Forward (BIF) means a date by which a file must be submitted to a supervisor for evaluation of compliance with the directives, as per clip on the case ?le. Cases should be submitted for inspection at least every 30 days when the case status is ?Active" and at least every 90 days when the case status is ?Decision Ready"; Case Classification Refers to the manner in which cases are classi?ed in terms of Iegisiation in terms of Sec 28 of the IPID Act; 28. (1) The Directorate must investigate: any deaths in police custody; deaths as a result of police actions; any complaint relating to the discharge of an of?cial firearm by any police officer; rape by a police officer, whether the police officer is on or off duty; rape of any person while that person is in police custody: any complaint of torture or assault against a police of?cer in the execution of his or her duties; 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 MEG or the Secretary, as the case may be; and Standard Operating Procedures for IPID 20152016 ED initial I Page?5 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. (2) The Directorate may investigate matters relating to systemic corruption involving the police. Case Investigative Journal (CIJ) refers to a journal used to record all directives and activities undertaken. on the IPID ?le. IPID docket and CMS, which journal must always be filed in the clip of both the docket and the file; Case Investigative Report (CIR) - refers to investigative reports that include the Departmental Recommendation Report and Criminal Recommendation Report; Closed as Referred means the manner in which cases that fall outside the mandate (Section 28 of the IPID Act) are closed as per ED guidelines; Closed as duplicate means any case that has been duplicated on the Case Management System. The newest case should be immediately closed as ?duplicated" immediately on becoming aware of such duplication; Closed as Systemic Corruption investigation means any case that was originally registered on the Case Management System where after investigation a request was made to classify the case as a Systemic Corruption case as per Section 28 (2). The original case should be immediately closed as ?Closed as Systemic Corruption? immediately on obtaining approval to initiate a Systemic Corruption investigation; Closure of a case means the final disposal of a case where investigation, court processes and disciplinary processes have been concluded and the is able to conclude that the case can be closed after which the ?le is ready for archiving; Case Management System means an IPID database used for the electronic recording and processing of cases; Case Control Number (CCN) means a unique computer generated number upon registration and recording of a case in the CMS. The number is relevant for use in all future correspondence by and between IPID and its stakeholders; Cases Intake Committee (CIC) - refers to a committee that is constituted by no less than three persons. (DI, DDI, ASDI and any available Investigator). In case of unavailability of personnel, the sitting by the DI or DDI or ASDI or Pl will constitute a valid sitting. (As a last resort the PH may assist and if no other staff is available, the PH alone will constitute a valid sitting); Convicted (Criminal) means a member has been found guilty of a criminal offence; gandard Operating Procedures r6} I-PTD 2015-2016 - CED Initial K: 55 ??i5age?6 Convicted (Departmental) means a member has been found guilty of Departmental misconduct; CPA - means the Criminal Procedure Act 51 of 1977'; Criminal Recommendation Report means an investigative report which documents the entire investigation and contains the conctusion, summary of af?davits and technical reports. written recommendations to the NPS with regard to whether a member shoutd be charged or not; Death in Police custody means death whether natural or unnatural, which occurred while the deceased was in the custody of the SAPS or Death as a result of Police action - means the death of any person, including a member of SAPSIMPS or the action of SAPSIMPS, that was caused, or is reasonably believed to have been caused, by a member of the while acting in his or her capacity as a member of the SAPSIMPS, and shall include a death that occur in connection with - an attempt to effect an arrest or to prevent an escape; (ii) a PS member?s actions taken in private defence in the execution of hisfher du?es: a motor vehicle accident involving one or more SAPSIMPS vehicles (marked or unmarked) during the execution of their duties; (iv) mass action where the SAPSIMPS is present; any action or inaction by a SAPSIMPS member which amounts to a criminal offence or misconduct; and (vi) any action that caused death where a SAPSIMPS state asset was involved. Declined means a decision taken by the NPS, SAPS or MP8 not to institute criminal or disciplinary proceedings against the member; Departmental Recommendation Report means a case investigative report which documents the entire investigation and contains the conclusion, summary of af?davits. with or without technical reports, written recommendations to the SAPS with regard to whether a member should be charged or not; Deputy Director Investigations (DDI) means a person appointed as a deputy to the Director of investigations; Decision Ready Refers to investigations where an investigator has conducted quality investigations and obtained all necessary evidence to enable the NPS to make a decision whether to prosecute or not; Directive(s) Instructionsfguidelines issued to the Investigator by the Supervisor; Standard Operating Procedures 5-2016 ED initial Director Investigations (DI) means a person appointed as a Head of Investigations at provincial level; Discharge of an official firearm Any complaint where a member of SAPSIMPS discharged any of?cial ?rearm, irrespective of the type of ammunition discharged, irrespective whether member was on or off duty; DPP refers to the Director of Public Prosecutions; EH Executive Head of the Metro Police Service; Exhibit refers to any item of evidential value collected or obtained during the course of investigation; Full investigation refers to where an Investigator takes over a docketlcopies of the docket from the SAPS, conducts an independent enquiry and assessment and proceed with any other searchienquiry for further evidence to enabie himiher to make a finding; High profile cases refers to an incident which involves a high ranking member andfor a person with a high standing in the community and a matter which draws public interest or high media coverage; Indeterminate (Unable to prove allegation) means a case cannot be fully investigated because of lack of co-operation from any relevant stakeholder or the case was investigated by the IPID before and there is no new evidence or facts; or the suspect is deceased; Investigator - means any of?cial who handles cases and includes an Investigator, Senior Investigator. Principal Investigator, Assistant Director Investigation, Deputy Director Investigations, Director Investigation and Chief Director investigations; Investigation refers to the systematic search of evidence or facts to prove or disprove the allegation being investigated; Investigative Support Any administrative support that assist with capturing of data which includes database clerks, data capturers, complaints receptionists and PA to the Provincial Head; IPID means the Independent Police Investigative Directorate; IPID Case Form - refers to an of?cial form for the registration of Cases; IPID Docket Refers to a docket that contains all evidential documents, correspondence and the investigative journal. It consists of A-E clips. This docket is used to refer the IPID investigation to the DPP, SPP and to Court; Standard. Operating Procedures for IPID 2015-2016 - ED Initial. Page 8 IPID File Refers to a ?le that contains all evidential documents, correspondence, investigative journal and QC F, which consists of A-E clips; IPID Form 1 refers to the of?cial form that needs to be completed by SAPSIMPS members when reporting a matter; IPID Form 2 refers to the of?cial form that needs to be completed by members of the public when reporting a matter; IPID Form 3 - refers to the recommendation sent to IPID Form 4 refers to the official form that needs to be completed allowing the IPID to investigate cases the are registered as Section 28 matters; IPID Form 5 refers to an of?cial form, used by an Investigator on standby for the recording of crime scene information on all Section 28 cases of the Act; IPID Form 6 refers to the official form that must be completed during the attendance of any Post Mortem; IPID Form 7 - refers to the official form that needs to be completed whist investigating any matters classified under Section 28 (1) and IPID Form 8 - refers to the of?cial form that needs to be completed whist investigating any matters classified under Section 28 Immediately means at once. without hesitation or delay or as soon as it is practicable to act; Limited View Access (LVA) Case- means a case whose information will have a view restriction allowing only identi?ed person's access to view the content of the case (application for LVA case can be made by the investigating officer and have to be approved by Programme Managen'ED); Manual registration number means a temporary number allocated to a case while the CMS is off-line and which will be updated immediately when the CMS is on-line; Member means an official appointed in terms of the South African Police Service Act 68 of 1995, as amended, and includes a member of the Misconduct includes any act or omission by a member which constitutes a violation of rules, regulations; and standing orders, code of conduct and national orders; MP8 means a Municipal Police Service established under Section 64A of the South African Police Service Act 68 of 1995; Standard Operating Procedures for ED Initial i Page 9 NPS refers to the National Prosecuting Service which is a body within the National Prosecuting Authority and includes the Director for Public Prosecutions (DPP) and the Senior Public Prosecutor Offence includes any violation of common or statutory law; Official hours means normal business hours as contemplated in the Public Service Act, 1994 (promulgated under Proclamation No. 103 of 1994), (PSA) and includes hours stipulated by the IPID Fiexi Time policy; Outside Mandate Case means a case: Which does not involve a member of the SAPSIMPS: Which occurred priorto 1 April 1997; Which is olderthan 12 months; That was adjudicated upon by a court of law; and That relates to a service delivery complaint where the complainantivictim has not exhausted internal SAPS case mechanisms up to the office of the Provincial Commissioner and are not referred to the IPID by the Minister or the Member of the Executive Council; Any matter not within the scope of Section 28 of the Act; .00. Post Decision Monitoring (PDM) The continuous evaluation and monitoring of cases where a decision has been requested from the NPS, but feedback and outcome is still outstanding which would allow closure of the case. Cases falling under this status should be reviewed every 30 days for feedback from the stakeholder; Preliminary investigation refers to an enquiry of limited scope undertaken to verify whether or not an allegation merits full investigation. This is only applicable to Section 28 cases reported; Principal Investigator - means a person appointed at a level lower than the Assistant Director Investigations which has both investigative and supervisory responsibilities; Programme Manager (PM) - means any person who has been appointed as the Head of the Programme at National Level; Provincial Head (PH) means an IPID Official appointed to head a Provincial Of?ce; Recommendation (Negative) Recommendation is made that prosecution should be instituted; Recommendation (Positive) Recommendation is made that no prosecution should be instituted including inquest recommendations and a feedback letter should be sent to the Standard Operating Procedures for IPID ED Initial Page 10? Referred means a case that is referred to the most appropriate organisation or institution by the Referral Authority refers to the Minister, MEC, Executive Director, Secretariat for Police; Result of Case means a case can be concluded in the following manners: . Criminal Result: - Acquitted, Convicted, Declined to prosecute, Inquest, Withdrawn 0 Departmental Result: - Acquitted, Convicted, - Declined to discipiine, - Withdrawn by victim . General Result: (Where no recommendation is made) - Unfounded, - Indeterminate. - Unsubstantiated, - Closed as Referred, - Closed as Duplicate, - Closed as Systemic Corruption SAPS refers to the South African Police Service as contemplated in the South African Police Service Act 68 of 1995; SAPS Docket refers to a docket that is obtained from SAPS by an Investigator and contains all evidential documents, correspondence and investigation diary. It consists of A-D clips. This docket is used to refer SAPS investigations to the DPP, SPP and to Court; Service Delivery Complaint - refers to a complaint which alleges that a member of the SAPS or MP8 failed to perform hislher duties or performed his or her duties in an improper manner, and where the complainantfvictim has exhausted all internal SAPS complaints mechanisms, up to the level of Provincial Commissioner; Supervisor means any person who supervises an Investigator (of any level); Systemic corruption - Systemic corruption is an institutionalised endemic manipulation of a system by individuals or networks or organisations, taking advantage of weakness in Standard Operating Procedugs for 2015-2616 - ED Initial Kid-33 Page 11 4 the process and systems for illicit gains, where there are leadership deficiencies, collusion and abuse of power; SOP - means the Standard Operating Procedure; SPP Senior Public Prosecutor; Technical Reports refers to reports of an evidential value that are generated by experts required to reach an investigative conclusion, including but not limited to, FSL reports (Forensic Science Laboratory) post mortem reports, LCRC reports, pathology reports, medical reports, reports in terms of Sections 212 and 215 of the CPA and a report in terms of Section 34(3) of the Prevention and Combating of Corrupt Activities Act 12 of 2004; Standby Notification Reference Number means a reference number issued immediately upon noti?cation. by the Investigator on standby to SAPSIMPS member, consisting of the Provincial Office abbreviation, the number, which is a sequential series of numbers starting at 1 at the beginning of each month, the month, year and time (24 hour clock) of notification, e.g. Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally; in?icted on a person for such purposes as obtaining from him or her or a third person information or a confession, punishing him or her for an act that he, she or a third person has committed or is suspected of having committed, or intimidating or coercing him or her or a third person, or for any reason based on discrimination of any kind, whether such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public of?cial or other person acting in an official capacity. It does not include pain or suffering arising from, inherent or incidental to lawful sanc?ons; Unfounded - means there is no evidence to link the member to the allegations made; Unsubstantiated means there is no evidence to support the allegations contained in the case and IPID cannot make a recommendation of wrongdoing against any member; Withdrawn by victim means the victim indicated that he or she is no longer interested in proceeding with the case; and Withdrawn by Prosecutor - means the Prosecutor has decided not to continue criminal proceedings. APPLICATION This SOP applies to all noti?cations andlor cases lodged with the IPID or initiated by the IPID against members of the SAPSIMPS by any person or organisation, alleging Standard Operating Procedures for IPID ED Initial Page 12 that a member committed an act or an omission which constitutes an offence andlor misconduct. 5. DUTIES AND RESPONSIBILITIES The duties and responsibilities assigned to various of?cials and Committees: 5.1 The Executive Director (ED) The Executive Director, in addition to the duties and responsibilities as contained in Section 7 of the Act 1 of 2011 and such other duties as may be imposed in the Regulations promulgated under that Act. must: 5.1.1 Ensure that there are systems in place for the lodging, receiving. processing, recording and disposal of cases against members; 5.1.2 Provide for the development and enforcement of policies to enable an environment that is conducive to lodge a case and receive cases reported; 5.1.3 Ensure comptiance with the provisions of the Firearm Control Standard Operating Procedure; 5.1.4 Ensure all discretionary cases that could possibly be investigated ito Section 28 based on nature, public or media interest are evaluated; 5.1.5 Ensure all systemic corruption case applications are evaluated. 5.2 Programme Manager (PM) The Programme Manager must, in addition to any duties imposed under Section 24 of the IPED Act and such other duties as may be imposed in the Regulations promulgated under that Act: 5.2.1 Maintain an up-to-date 5.2.2 Determine investigation standards; 5.2.3 Identify priority areas to be attended during a financial year; 5.2.4 Monitor programme performance quarterly and annually; 5.2.5 Provide feedback on the programme performance; 5.2.6 Provide systems for the registration and processing of cases; Maintain data integrity; 5.2.8 Ensure that the reports and the data base are quality assured; 5.2.9 Ensure and comply with the provisions the Firearm Control Standard Operating Procedure; 5.2.10 Coordinate and supervise interprovincial task team investigations and draft terms of reference for relevant task team; 5.2.11 Evaluation of complaints relating to possible systemic corruption and making relevant recommendation to ED for investigation of such complaints; 5.2.12 Evaluate all discretionary cases that could possibly be investigated ito Section 28 based on nature. public or media interest; Standard Operating Procedures for lPiD 2015-2016 ED Initial J55 - I I Page 1-3- 5.2.13 Evaluate all systemic corruption case applications and make recommendations to Executive Director; 5.2.14 Will ensure the procurement of items and equipment that should conform to a standard and to be used through-out the Directorate. (Examples would be DNA related crime kits, disposable crime scene clothing kits (sterilised)). 5.3 Provincial Head (PH) The Provincial Head, in addition to the duties and reSponsibilities as contained in Section 21 of the Act 1 of 2011 and such other duties as may be imposed in the Regulations promulgated under that Act, must: 5.3.1 Ensure that systems put in place by the ED for the lodging. receiving. processing, recording and disposal of cases against the members, are implemented on provincial level; 5.3.2 Ensure compliance with the provisions of this SOP, the Firearm Control Standard Operating Procedure and the ED guidelines; 5.3.3 Ensure that the relevant province conduct workload veri?cation on a basis and compile a Report; 5.3.4 Ensure data integrity, which is consistent with the CMS quarterly and annually: 5.3.5 Compietei?Close cases on the Case Management System (CMS) in the event the BI is not available; 5.3.6 Ensure that the Provincial Commissioner is informed of any arrest effected by an member; Ensure provincial compliance in terms of effective use of the 5.3.8 To sample, on a basis. the content of recommendation reports and ensure quality control was done regarding the report and the recommendation(s) speak to the matter that was investigated; 5.3.9 Ensure a decision is made on all matters outside the mandate, that could be investigated ito Section 28 5.3.10 Ensure all applications for cases to be registered as a systemic corruption case is forwarded to the Program Manager: Investigations; 5.3.11 Will be responsible for the procurement of all disposable and other equipment that can be used during the investigative process. (Examples but not limited to: medical equipment for attending post mortems, handcuffs, printers, scanners, lT related equipment); 5.3.12 Ensure all identified high profile cases are investigated; 5.3.13 Ensure meetings with Provincial SAPS and Secretariat to discuss progress on recommendations made to SAPS by 5.3.14 Ensure compliance with the Criminal Law (Forensic Procedures) Amendment Act, Act 37 of 2013 and its Regulations; 5.3.15 Ensure provincial investigative staff is trained in terms of the Legislation and reievant Regulations of Act 3? of 201 3 mentioned in 5.3.14 above; 5.3.16 To act as deputy information officers in terms of Promotion of Access to Information Act, Act 2 of 2000; Standard Operatin?g Procediues for 2015-2016 ED Initial ?5 - I Page 14 5.3.17 Ensure provincial investigative staff is trained on the IPID Investigation and Firearm SOPs. 5.4 Director Investigations (DI) The Director Investigations must, in addition to any duties imposed under Section 24 of the IPID Act and such other duties as may be imposed in the Regulations promulgated under that Act, must: 5.4.1 Supervise an investigation conducted by the Deputy Director Investigations; 5.4.2 Ensure that the Case Intake Committee meets daily to evaluate and allocate cases; 5.4.3 Ensure that cases are registered and updated on the CMS in terms of the strategic objectives; 5.4.4 Ensure that cases are investigated and completed in terms of the strategic objectives; 5.4.5 Ensure data integrity, which is consistent with the CMS quarterly and annually; 5.4.5 Evaluate the decision by the SAPSIDPP and decide on further action to be taken; 5.4.7 Approvefdisapprove requests for completion of an investigation; 5.4.8 Approvefdisapprove requests for closure of the ?le for archiving; 5.4.9 Whoever is acting as the DI, must attach a copy of the Acting letter when closing or completing an investigation except where the investigation was done by the person acting; 5.4.10 Ensure that hefshe has filled in the quality control form 5.4.11 Co-ordinate the submission of a quality assured report; 5.4.12 Determine and record BIF dates, directives and investigate targets and ensure that the information is captured on the CMS, in the event where the DDI is investigating the case; 5.4.13 Immediately upon being notified by the Investigator, notify the PH, the National Spokesperson, the PM Investigation and the ED in writing of a high profile case, conviction or arrest; 5.4.14 Ensure that the province conduct workload verification on a basis and compile a Report; 5.4.15 Ensure compliance with the provisions of the IPID Firearm Control Standard Operating Procedure; 5.4.16 Ensure relevant Recommendation Reports are sent to stakeholder within 30 days after it has been approved; 5.4.17 Ensure that the province conduct file audits on a quarterly basis and compile a Report which is separate from the Report; 5.4.18Approve application for changing case classification after CIC confirmed original classi?cation; 5.4.19 Ensure that the Commander of the member arrested is informed accordingly; Standard {iperating Props?dune; for 2015?201?? an Initial . {233 ?page is 5.4.20 Ensure CMS is updated and all relevant documents are uploaded on the system where after closure of case filer?docket can be initiated 5.4.21 Forward to PH for a decision, all matters outside the mandate, that could be investigated ito Section 28 5.4.22 Ensure all identi?ed high pro?le cases are investigated; 5.4.23 Ensure meetings with Provincial SAPS and Secretariat to discuss progress on recommendations made to SAPS by lPlD; 5.4.24 Ensure compliance with the Criminal Law (Forensic Procedures) Amendment Act; Act 3? of 2013 and its Regulations; 5.4.25 Ensure provinciai investigative staff is trained in terms of the Legislation and relevant Regulations of Act 37 of 2013 mentioned in 5.4.25 above 5.4.26 Review investigation reports, assess its quality; raise queries, if any, endorse recommendations to the SAPS and DPP and sign off on the recommendations; 5.4.2? Lead andlor undertake investigations on high profile cases as directed by the PM andfor ED. 55 Deputy Director Investigations The Deputy Director Investigations must, in addition to any duties imposed under Section 24 of the IPID Act and such other duties as may be imposed in the Regulations promulgated under that Act, must: 5.5.1 Ensure that cases are captured and allocated in line with the strategic objectives; 5.5.2 Ensure all dates are adhered to, determine and record BIF dates. directives and investigative targets and ensure that the information is captured on the 5.5.3 Ensure that prescribed registers are in place and kept up to date; 5.5.4 Lead andior undertake investigations on high pro?le cases when cases assigned to himlher as the investigator; 5.5.5 Review case reports pertaining to investigations where Investigator providing such report is directly reporting to 5.5.6 Clo-ordinate the submission of a quality assured report to the Ensure proper investigation of service delivery complaints lodged against the 5.5.8 Ensure that hefshe has filled in the quality control form; 5.5.9 Ensure, before the DI can close the file that the Investigator has compiled with the information as contained on the quality control form (QCF) that guides the investigation process. The GOP must be attached on the clip of the file; 5.5.10 Ensure that GOP is completed by the Supervisors and Investigators; 5.5.11 Ensure that the Supervisors and the Investigators comply with the provisions of 6.8 below; 5.5.12 Ensure that every activity undertaken by the Supervisor and Investigator in the IPID ?le and docket is entered in the case investigative journai Standard Operating Procedures for IPID 2015-2016 ED Initial Page 16 5.5.13 Ensure that a Referral Register containing all cases referred to the SAPS is sent to the Provincial Commissioner?s office and IPID National Of?ce 5.5.14 Conduct workload veri?cation on a basis and report in report; 5.5.15 Conduct quality control before the file is archived; 5.5.16 Ensure compliance with the provisions of the IPID Firearm Control Standard Operating Procedure; 5.5.17 cases while acting as DI, notwithstanding the fact that a person might be closinglcompleting a case that heishe supervised; 5.5.18 Ensure that a case that was investigated by the person?s supervisor, while hefshe is acting as Di, is not completed/closed; 5.5.19 Whomever is acting as the DUI must ensure that an acting letter is attached in the ?les that were attended to by the acting 5.5.20 Send a Recommendation Register. subject to the approval of the PH, containing all cases referred to SAPS to the Provincial Commissioner's office and National Of?ce Hardcopies of the recommendations sent to SAPS (and proof that they were forwarded) are to be forwarded to the National Office on a weekly basis; 5.5.21 Ensure that a Referral Register. subject to the approval of the PH, containing all cases referred to the SAPS is sent to the Provincial Commissioner?s office and IPID National Of?ce on a basis; 5.5.22 Conduct community outreach programme for the Provincial Office; 5.5.23 Meet with Provincial SAPS and Secretariat to discuss progress on recommendations made to SAPS by lPlD; 5.5.24 Ensure that the Commander of the member arrested is informed accordingly; 5.5.25 Ensure CMS is updated and all relevant documents are uploaded on the system where after closure of case filefdocket can be initiated; 5.5.26 Ensure that all Section 205 requests are submitted to the relevant service provider and where applicable be registered on the service providers system to submit on behalf of province. 5.6 Investigators The investigator must, in addition to any duties imposed under Section 24 of the IPID Act and such other duties as may be imposed in the Regulations promulgated under that Act: 5.6.1 Receive and screen a case; 5.6.2 Consult with the complainantfvictimfreferral authority (only walk-in, written, emailed or faxed cases will be registered. Telephone cases will be only be accepted it followed by a written compliant); 5.6.3 Complete an IPID registration form, and ensure that the complainantfvictim confirms the correctness of the information and appends hisfher signature/mark or thumb print; 5.6.4 Register the case manually on the CMS and upload the notification received from SAPSIMPS or a signed IPID registration form, fax or ema_il; Standard Operating Pcogures for IPID 2615:2016 ED Initial it?d/?k; Page ii? 5.6.5 Acknowledge receipt of a case and issue an acknowledgement mail to complainanti'victimlreferral authority; 5.6.6 Acknowledge receipt of a case and issue an acknowledgement mail to next of kin (if information available); Receive a file allocated for further investigations from the supervisor or 5.6.8 Update the CMS, generate letters to the complainantlvictiminext of kinireferral authority and relevant stakeholders, indicating that heishe had been assigned to investigate the case; 5.6.9 Conduct investigations and submit ?le/docket for inspection as directed in writing in the CIJ: 5.6.10 Comply with brought forward dates as determined by the supervison'ClC; 5.6.11 Initiate completion of investigation, by submitting a filefdocket with recommendations to the supervisor for a decision; 5.6.12 Submit the recommendationldocket to for a decision on disciplinary stepsi'prosecution of a member; 5.6.13 Follow-up on the recommendation forwarded to the DPPISAPS, on a basis, and attach proof of correspondence on the 5.6.14 Update CMS and generate progress letters to the complainantlvictimfreferral authority and relevant stakeholders; such progress should be limited to the status of the investigation (investigation is pendingicompleted and recommendations have been forwarded to the DPPISAPS. the case is pending in court and report on the court dates), the report should never contain the merits or demerits of the case; 5.6.15 Feedback on active cases should be done at least every 30 days and feedback on completed cases should be done at least every 96 days or when the status of the case change, including but not limited to, when feedback is received pertaining to the criminal case or disciplinary process; 5.6.16 After closure of the case a ?nal correspondence must be sent to the stakeholder detailing the outcome of the case within 30 days, failure to comply with this, must be recorded in the Cl.) and 5.6.17 Ensure CMS is updated and all relevant documents are uploaded on the system where after closure of case fileidocket can be initiated; 5.6.18 Report feedback to stakeholdersicomplainantinext of kin; 5.6.19 Complete the quality control form where appropriate: 5.6.20 Enter every activity undertaken in the IPID ?le and docket in the CIJ (manual entry in file and updates on 5.6.21 Immediately report to the PHIDI any high profile case; 5.6.22 Comply with the provisions of the IPID Firearm Control Standard Operating Procedure; 5.6.23 Keep prescribed Standby Notification Reference Number register up to date; 5.6.24 Any failure to complete cases within the period as per the regulation, reasons must be noted as per the applicable regulation in the CIJ and 5.6.25 Reporting any arrest to the before effecting the arrest; 5.6.26 Conform to requirements and duties of the Criminal Law (Forensic Procedures) Amendment Act. Act 37 of 2013 and its Regulations; 5.6.27 Update relevant fields relating to 5.6.26 on the Standard Ugerating Procedures for IPID 2015-2016 ED initial I \ng? Page 16 5.6.28 All collected documentation must be scanned onto the server irreSpective if the ?le has been uploaded onto the CMS. All ?les scanned should be properly named with the CON number followed by a short description and the ?A-clip? reference (example CCN 2014010001 warning statement 5.6.29 All cases should have different folders on the server and should be grouped according to classification. Supervisor The Supervisor must, in addition to any duties imposed under Section 24 of the IPID Act and such other duties as may be imposed in the Regulations promulgated under that Act: 5.7.1 Have the supervisory role over all responsibilities as outlined in the Investigator section above; 5.7.2 Allocate files and give directives to the Investigator; 5.7.3 Conduct ?le inspections prior to completion of the report; 5.7.4 Determine and record BIF dates and ensure that BIF is adhered to; 5.7.5 Ensure that all ?Active" investigation case files are inspected every 30 days; 57.6 Ensure that all cases with the status of "Decision Ready? investigation case files are inspected at least every 90 days; 5.7.7 Ensure that he/she has filled in the quality control form; 5.7.8 In case of the possibility of arrest an Investigator should preferably obtain a warrant of arrest, in the event of an arrest without a warrant, the Investigator should consult with the DI or PH as well as Legal Services before effecting the arrest. In high profile cases the ED and PH should always be consulted prior to the arrest; 5.7.9 The EH of MP8, the Station Commander as well as the Provincial Commissioner of SAPS is to be informed of any intention to arrest a Member prior to effecting the arrest; 5.7.10 Ensure that every activity undertaken by the Investigator in the IPID ?le and docket is entered in the CU (manual entry in ?le and updates on 5.7.11 Establish manual registers for obtaining and returning SAPS dockets to Police Stations for each cluster in the Province and ensure the safe keeping of such registers. The register must be the same as Docket Register; 5.7.12 Ensure that the Investigators comply with the provisions of 6.3 below; 5.7.13Immediately report to the DI andior PH any high profile case, conviction and arrest as well as any death of a suspect of a high profile case; 5.7.14 Check the reports and recommendations by the Investigator before submitting to the 5.7.15 Ensure compliance with the provisions of the IPID Firearm Control Standard Operating Procedure; 5.7.16 Conduct workload verification on a basis and compile a Report; 5.7.17 CompleteICIose cases while acting as DI, notwithstanding the fact that a person might be closingicompleting a case that helshe supervised; Standard Operating Procedures for IPID 2015-2016 ED Initial Via-:3 Page 19 5.7.18 Ensure that a case that was investigated by the person's supervisor, while hefshe is acting as DI, is not completedfclosed; 5.7.19 Compile individual report inputs and complete and sign a veri?cation certi?cate in terms thereof; 5.7.20 Ensure that QCF is completed by the Supervisors and Investigators; 5.7.21 Ensure that prescribed registers are in place and kept up to date; 5.7.22 Ensure CMS is updated and all relevant documents are uploaded on the system where after closure of case filefdocket can be initiated; 5.7.23 Ensure that all evidence collected by caseworker during investigation is scanned and named correctly as per 5.8.28 above; 5.7.24 Ensure that all documents scanned are saved in different folders and sub folders as per 5.8.29 above. 5.8 Case Intake Committee (CIC) The Case Intake Committee must, in addition to any duties imposed under Section 24 of the Act and such other duties as may be imposed in the Regulations promulgated under that Act: 5.8.1 Receive new cases from investigators; 5.8.2 Discuss new cases to ensure that they are properly classi?ed; 5.8.3 Give directives on what preliminary investigation must be conducted in terms of Section 28(1)(c) cases; 5.8.4 The chairperson must note the directives in the case investigative journal and the 5.8.5 Allocate the ?le to an Investigator; 5.8.8 Identify person who will supervise the Investigator for specific case and who will review Investigators report (Departmental and Criminal Case Reports); 5.8.7 Should ensure that the file is allocated within the time specified and if not a reason must be recorded in both the CIJ of the physical file as well as the 5.8.8 Be constituted by no less than three persons. (DDI, ASDI, PI and any available Investigator). In case of unavailability of personnel, the sitting by the DI or DDI or ASDI or Pl will constitute a valid sitting. (As a last resort the PH may assist and if no other staff is available, the PH alone will constitute a valid sitting); 5.8.9 In the event a sitting constituted out of one person. that person cannot assign the ?les to themselves; 5.8.10 No minutes will be kept of the sitting. 6. PROCEDURES 8.1 Procedure for filing documents in an IPID file and docket [no PROCEDURE Etandard Operating Procedures for 20152016 ED Initial Page 20 1. All evidential documents e.g. statements, technical reports etc. must be ?led in the clip of the IPID file (including docket); 2. All correSpondence (internal and external) e.g. Progress Reports, Recommendations to DPP and SAPS, CIR and Acting letters, must be filed in the clip of the ?le and docket; Investigative journals must be ?led in the clip of the file and docket; The GOP form must be ?led in the clip of the file; The Brought Forward Control Sheet must be filed in the clip of the file; All documents must be numbered and filed in numerical order; All documents must be uploaded on the CMS. 6.2 Procedure for the registration of cases N0 PROCEDURE 1. An Investigator must immediately upon receipt of a case in writing, screen the case to determine whether or not it falls within the mandate of the IPID (Reg A complaints form, or written complaint, must be completed in every event that IPID is to investigate a case (Form 1 or 2 as per IPID Regulations); All written complaints must be stamped with a receipt date. In the event that the written complaint is received outside normal working hours, the ?rst available working day date will be regarded as the date of receipt; 2. If a case falls outside the mandate of the IPID, the Investigator must record it in the CMS as an Outside mandate case and refer it to a relevant institution or organisation. If it is a service delivery case and the Investigator is in doubt if the case should be recorded as a referred case, then he/she must consult with the supervisor before registering such a case. The written complaint must be uploaded onto the CMS. If approval is granted by the Executive DirectoriPH in terms of Section 28 cases, the response is forwarded and acknowledged by the respective province. The case will then be registered and allocated as per normal registration procedures (case registered and allocated within 72 hours); 3. If the case falls within the mandate of the IPID, the Investigator must record the case as a Section in the CMS. After registering the case the Investigator must print the IPID registration form and ensure that the cornplainantfvictimireferral authority append his or her signature (where applicable). then upload the IPID registration form, letter, fax or email onto the 4. Then, the Investigator must print the acknowledgement letter and handlsend it to the complainantlvictimfreferral authority via the requested method; 5. Open a file and file the IPID registration form, QCF form as well as the copy of the acknowledgement and refer the file to the CIC immediately, and Standard Operating Procedures for IPID 2015-20-16 ED Initial . Page 21 6. The allocation is done by the the CIC and must also update the allocation details in the CMS. 6.3. Procedure for the investigation of a case i.t.o. Section 28(1)(a} or (Deaths in custody or as a result of police action) of Act read with Regulation 4 and 8 Teiephonic/Faxed notifications 1. An Investigator on standbyicall (being automatically authorised to attend crime scenes) must immediateiy upon receiving a telephonic notification of a death, notify the and attend the crime scene as soon as it is practicably possible to do so. in the event that a crime scene cannot be attended, permission for the non-attendance of the crime scene must be obtained from the PH or DI and reason must be noted in the CU file as well as the on 2. Obtain and record all relevant information regarding the location of the crime scene, the time that the noti?cation was made, the time of death, the SAPSIMPS member reporting the incident on form 5 as well as IPID form 7. Arrival at the crime scene and cooperation with member in charge of crime scene 3. Advise the member in charge, to preserve the crime scene and to keep it intact until the IPID Investigator on standbyicall, arrives at the crime scene; 4. Introduce himself/herself by production of a valid appointment certificate to the member in charge of the crime scene and take over the scene; 5. Receive a briefing on what transpired on the crime scene; 6. Inspect any wounds or bruises on the body of the deceased and make note of each and exact location (if any) on IPID Form 5; 7. identify the deceased and record hisiher name, surname, age, gender; 8. Ensure that atl vital clues and forensic evidence have been marked and photographed on their original position by the Local Criminal Record Centre 9. Collect or ensure the collection of exhibits from the crime scene for processing by the Forensic Science Laboratory ensure that the evidence is placed in and sealed in a designated evidence bag and that the serial number is recorded in full in the ensure that the exhibits are booked in with the SAP 13 at the Police Station within that jurisdiction; 10 The Caseworker must submit a detailed statement mentioning that the exhibits were handed to the FSL or LCRC member intact in a sealed bag. Standard Operating Procedures for IPID 2015-2016 ED Initial Page 22 The statement must be attached in A clip of the docket. During Investigations the Caseworker must obtain a detailed statement of the FSL or LCRC member to whom the evidence was handed. (for the purpose of chain statement); 11. Identify all witnesses to the crime and obtain their particulars for interview as soon as it is practically possible; 12. Obtain particulars of the members involved for future interview; 13. Where a death in police custody or death as a result of police action is being investigated by the IPID, in addition to IPID form 5, IPID form 7 (Checkiist for deaths in police custody and deaths as a result of police action) should also be completed an uploaded as a journal entry. Post scene investigation 15. Ensure that the exhibits (obtained by IPID Investigator) are booked in the SAP 13 and booked out before it is sent to the Forensic Science Laboratory (FSL) for processing within 48 hours; 16. Where the death being investigated was caused by any firearm, obtain the relevant permit allowing the SAPSIMPS member(s) involved to handle and use the firearm in question as well as a report relating to when last the said member was practically evaluateditested for the handle and use of the said firearm; 17. Upon receiving exhibits back from the FSL. the exhibits need to be returned to the Police Station for it to be booked back into the 18. Visit all the identi?ed witnesses to conduct interviews and obtain statements; 19. Establish the identity of the person who allegedly caused the death of the victim and obtain a warning statement in the case of Section 28(1)(b) cases; 20. Visit the next of kin to notify them of the incident and your role as an IPID investigator; and interview them to obtain any information that may assist in the investigation; 21. Ensure that the IPID form 5 is fully completed with all the required crime scene information (this includes obtaining the signature of the SAPS members at the scene); 22. Transmit the IPID form 5 to the Investigator responsible for registration of cases and ensure that a file is opened. The IPID form 5 must be transmitted to the Investigator responsible for registration on the morning of the first working day following the attendance of the crime scene. After registering the case the Investigator must upload the IPID form 5 onto the 23. Upon the closure of a case and the return of a docket to the Police Station a disposal order should be issued to the SAPS. Post Mortem Standard Operating Procedures for IPID 2015-2016 ED Initial ?st-:51, Page 23 24. Attend post mortem on the date. time and place identi?ed for purposes of observing the conducting of the post mortem; in the event the post mortem cannot be attended an entry must be made on the Old manual file and the CMS as to why the PM could not be attended; 25. Advise the pathologist of any investigations you wouid like to concentrate on; 26. Ensure the LCRC is present at the Post Mortem and that photos of the Post Mortem is taken (if required); Ensure that all vital clues and forensic evidence have been marked and photographed on their original position by the 28. Inform the Pathologist of observations made at the crime scene, in the event of any inconsistencies with his findings or, where there is disagreement with the Pathologist report. this to the Supervisor; 29. Document and ?le detailed notes on the observations made during the Post Mortem and complete the IPID form 6. Further investigation 30. Upon receipt of the File, assess evidence contained in the file, conduct outstanding investigations as per directives and make a ?nding on the outcome of the investigation; 31. Where resources are utilised from multiple of?ces, the jurisdiction will remain within the province where the matter arose, but custodianship and supervision will reside with the CD: Investigation and Information Manag?ient who will establish task teams and terms of reference; 32. Update the CMS and generate a progress letter to the next of kin and relevant stakeholders; Progress letters should be forwarded on the status of the case until the case is Decision Ready, thereafter quarterly or when there is a change in the status of the case; such progress should be limited to the status of the investigation (investigation is pendingicompleted and recommendations have been forwarded to the DPPISAPS. the case is pending in court and report on the court dates), the report should never contain the merits or demerits of the case; 33. Compile an CIR and compile a Recommendation Report to the SAPS or DPP pending on what information is available at that stage (Recommendation to SAPS can be generated at any stage but will not have any statistical impact relating to the status of the case); 34. Refer to Supervisor for review and recommendation of case being decision ready or ciosure; 35. Refer to the DI to finalise as decision ready and! or closure. (If case completedfclosed by DI PH should still be informed as per Regulation 4 (Note that only criminal recommendations that are submitted with result in case status changing from ?Active" to ?Decision Ready?); 36. Upon approval of Recommendations by the DI the recommendation must be forwarded to the relevant stakeholder within 30 days; Standard Operating Procedures for ED Initial Kt? Page 24 37. Upon receipt of the feedback of the Recommendation, update the CMS and attend to any outstanding enquiries andior directives; 38. Upon receipt of the decision and resulting outcome of the Recommendation, update the CMS and refer the case to the DI for closure. 39. All investigations contemplated in terms of these Sections should be "decision ready" within 90 days and if not a reason should be provided and noted in the CU and CMS and approved by supervisor and DI as per Regulation In the event that the case was referred by the Minister, Member of Parliament or the Presidency it should be regarded as a priority and should be dealt with by more senior members and feedback should be provided within 1-2 weeks to the reporting member. 6.4 Procedure for the investigation of a case i.t.o. Section 28(1)(c) of Act read with Regulation 6 1. Over and above any directive and investigation, comply with the provisions of Regulation 6; 2. Upon receipt of the ?le, conduct outstanding greliminagg investigations as per directives by ClCi'Supervisor; 3. Where no docket is opened, ensure that the case docket is opened at any stage during the process of investigation; 4. Upon instruction from the conduct a preliminary investigation to establish if full investigation will be warranted (preliminary investigation may not exceed 30 days as per Regulation 6 For preliminary investigation IPID form 8 should be used and uploaded as a journal entry. 5. Obtain the relevant permit allowing the SAPSIMPS member to handle and use the firearm in question as well as a report relating to when last the said member was practically evaluatedi'tested for the handle and use of the said ?rearm; 6. If full investigation is warranted: Visit all the identi?ed witnesses to conduct interviews and obtain statements; 7. Ensure the collection of exhibits, by forensic experts, for processing by the Forensic Science Laboratory ensure the proper registration, handm, transportation and disposal of exhibits; B. Compile CIR and compile a recommendation to the SAPSIDPP. If a case is decision ready, recommendations may be made to DPP. A recommendation to the SAPSIMPS can be made at any time where suf?cient evidence has been obtained in order to make an informed recommendation; 9. Where no misconducb?criminal activities can be proven, the case should be closed as unsubstantiated and forwarded to Supervisor, the DI and PH for approval; 10. Update the CMS and generate a progress letter to all reievant stakeholders. Progress letters should be forwarded on the status Standard Operating Procedures to; iPiD 2015-2016 ED Initial ting" Page 25 of the case until the case is decision ready, thereafter quarterly or when there is a change in the status of the case; such progress should be limited to the status of the investigation (investigation is pendinglcompleted and recommendations have been forwarded to the DPPISAPS, the case is pending in court and report on the court dates), the report should never contain the merits or demerits of the case; 11. Refer to Supervisor for review and recommendation of case being decision ready or closure; 12. Refer to the DI for finalised as decision ready andior closure; (If case completediclosed by Di PH should still be informed as per Reguiation 6 13. Upon receipt of the outcome of the disciplinary and/or criminal process, refer for closure; 14. In the event that the CIC decides that a case should rather be referred to the SAPS for investigation, these cases should be closed as Referred; 15. All investigations contemplated in terms of these Sections should be completed within 90 days as per Regulation 6(5) and if not reason should be provided and noted in the CM and CMS and approved by supervisor. DI and PH. In the event that the case was referred by the Minister, Member of Parliament or the Presidency it should be regarded as a priority and should be dealt with by more senior members and feedback should be provided within 1-2 weeks to the reporting member. 6.5 Procedure for the investigation of a case Ito. Section of Act read with Regulation 5 and 8 1. Over and above any directive and investigation, comply with the provisions of Regulation 5; 2. Upon receipt of the file, conduct outstanding investigations as per directives by 3. Where no docket is opened, ensure that the case docket is opened within 24 hours after designation; (Regulation 4. In addition to the standard investigation of criminal cases the following should be noted: 5. Investiga_tions i.t.o. Sect_ion 28mm] and to): Ensure, if not yet done, Victim is examined by a medical practitioner; 6. Ensure that the .188 accompanies the examination of the rape victim by the medical practitioner or the nursing staff at the nearest Thuthuzela Centre as soon as possible and not later than 24 hours after the alleged rape. 7. A sexual assault kit is obtained, properly sealed and submitted to the Forensic Science Laboratory (F 8. Provisions of Sexual Offences and Related matters Amendment Act and any SAPS National instruction relating to rape are complied with; 9. Ensure the collection of exhibits, by forensic experts, for processing by the Standar?perating Proced? rattan 2015-2016 - so Initial Page-E Forensic Science Laboratory ensure the proper registration, handling, transportation and disposal of exhibits; 10. Ensure that the first report statement is obtained from the person to whom the rape was ?rst reported, such statement must be filled in the A clip of the docket; 11. investigations i.t.o. Section 28i1jlf}: Advise the SAPSIMPS member in charge, to preserve the crime scene scene is identi?ed and available) and to keep it intact until the IPID Investigator on standbyi'call, arrives at the crime scene; 12. Introduce himselfi'herself by production of a valid IPID appointment certi?cate to the SAPSIMPS member in charge of the crime scene and take over the scene; 13. Ensure, if not yet done, Victim is examined by a medical practitioner and in cases where torture is alleged, ensure that the blood test and skin biopsy is done within 72 hours; 14. Ensure the collection of exhibits, by forensic experts, for processing by the Forensic Science Laboratory ensure the proper registration, handling, transportation and disposal of exhibits; 15. Investigations i.t.o. Section 28l1llg]; Where the amount in question is above 100 000 ensure that the provisions as per Section 34(1) and 34(3)(a) of the Prevention and Combating of Corrupt Activities Act are complied with; 16. Where resources are utilised from multiple of?ces, the jurisdiction will remain within the province where the matter arose, but custodianship and supervision will reside with the CD: Investigation and Information Management who will establish task teams and terms of reference; 17. Visit all the identified witnesses to conduct interviews and obtain statements; 1B. Compile CIR and compile a recommendation to the SAPSIDPP. If a case is decision ready, recommendations may be made to DPP. A recommendation to the SAPSIMPS can be made at any time where suf?cient evidence has been obtained in order to make an informed recommendation; 19. Where no misconducticriminal activities can be proven, the case should be closed as unsubstantiated and forwarded to Supervisor, the DI and PH for approval; 20. Update the CMS and generate a progress letter to all relevant stakeholders. Progress letters should be forwarded on the status of the case until the case is completed, thereafter quarterly or when there is a change in the status of the case; such progress should be limited to the status of the investigation (investigation is pending/completed and recommendations have been forwarded to the DPPISAPS, the case is pending in court and report on the court dates), the report should never contain the merits or demerits of the case; 21. Refer to Supervisor for review and recommendation of case being decision ready or closure; ?Standard Operating??cedures for IPID 2015-2016 ED Initial 23. Refer to the DI for case being decision ready andlor closure; (If case finalised as decision by PH should still be informed as per Regulation 5 24. Upon receipt of the feedback and outcome of the disciplinary andior criminal process, refer for closure; 25. In the event that the CIC decides that a case should rather be referred to the SAPS for investigation, these cases should be closed as Referred; 26. All investigations contemplated in terms of these Sections should be completed within 90 days as per Regulation 5(4) and if not reason should be provided and noted in the CIJ and CMS and approved by supervisor, DI and PH. In the event that the case was referred by the Minister, Member of Pariiament or the Presidency it should be regarded as a priority and should be dealt with by more senior members and feedback should be provided within 1-2 weeks to the reporting member. 6.6 Procedure for the investigation of a case Ito. Section 28(1 of Act read with Regulation other criminal matters 1. Upon receipt of a complaint of a criminal nature not falling within the scope of cases as indicated in Section 28 to the Provincial Head must make a decision as to whether or not the matter will be investigated by IPID or be referred to the relevant Provincial Commissioner. For this purpose IPID form 4 must always be completed for any Section 28 case. In the event that it is a high profile matter or referred to the Directorate by the Minister, MEC or the Secretariat for Police, the Provincial Head must refer the complaint to the of?ce of the Executive Director for decision; 2. The approval to investigate the matter must be uploaded onto the CMS, irrespective if approval was given by the Executive Director or the Provincial Head; 3. In the event that approval is not granted the case must be registered as ?Outside Mandate" and referred to reievant stakeholder; 4. In the event that approval is granted upon receipt of the file, conduct outstanding investigations as directed; 5. Over and above the directives above, comply with the provision of Regulation 6. Where no docket is Opened, ensure that the case docket is opened at any stage during the process of investigation; 7. Visit all the identi?ed witnesses to conduct interviews and obtain statements; B. Compile CIR and compile a recommendation to the If completion of case was done with interim report, recommendations may be made to SAPS. If completion of the case was done with a final report, recommendations may be made to 9. Where no misconducb'criminal activities can be proven, the case should be ciosed as unsubstantiated and forwarded to Supervisor and DI for approval; Standard Dperating Procedures for IPID 2015-2016 - ED Initial {*fo PageZ?B 10. Update the CMS and generate a progress letter to all relevant stakeholders. Progress letters should be forwarded on the status of the case until the case is completed, thereafter quarterly or when there is a change in the status of the case; such progress should be limited to the status of the investigation {investigation is pendinglcompleted and recommendations have been forwarded to the DPPISAPS, the case is pending in court and report on the court dates), the report should never contain the merits or demerits of the case; 11. Refer to Supervisor for review and recommendation of case being decision ready or closure; 13. Refer to the DI for case being decision ready andi'or closure; 14. Upon receipt of the outcome of the disciptinary andfor criminal process, refer for closure. Procedure for the investigation of a case i.t.o Section 28(1)(h) of the Act. Misconduct matters 1. Where internal remedies up to the level of the Provincial Commissioner have not been exhausted a case should be classified as ?Outside Mandate" and complainant should be referred to relevant stakehoider; 2. Where internal remedies up to the level of the Provincial Commissioner have been exhausted, the PH should provide direction regarding investigation, period of completion and manner of disposal as per Regulation Cases of this nature should be completed within 90 days; 3. Upon receipt of the file, conduct outstanding investigation as per directives by 4. Obtain docketicopies of the docket and peruse to establish whether the investigation was properly conducted; 5. Obtain witness statements and suspect members statements where the veracity of the allegations cannot be ascertained by merely perusing the docket 6. Compile CIR and compile a recommendation to the 7. Update the CMS and generate a progress letter to all relevant stakeholders. Progress letters should be forwarded on the status of the case until the case is completed, thereafter quarterly or when there is a change in the status of the case; such progress should be limited to the status of the investigation (investigation is pendingicompleted and recommendations have been fonivarded to the DPPISAPS, the case is pending in court and report on the court dates), the report should never contain the merits or demerits of the case; 3. Refer to the DI for completion closure; 10. Upon receipt of the outcome of the disciplinary process, refer for closure. Standard Operating Procedures for 2015-2016 - ED Initial Keg}? PageZ?Q 6.8 Procedure for the investigation of Section 28(2) cases 1. Upon identi?cation of a case of possible Systemic Corruption, do preliminary investigation and forward a report to National Of?ce {For the attention of the Executive Director and the Programme Manager: Investigations) for approval for registration of a Systemic Corruption Case; 2. If approval is granted by the Executive Director, the response is forwarded and acknowledged by the respective province. The case will then be registered and allocated as per normal registration procedures (case registered and allocated within 72 hours); 3. Irrespective if the case has already been registered or not and approval is not granted continue with the case as directed by National Of?ce; 4. Where no docket is opened, ensure that the case docket is opened if applicable; 5. Where resources are utilised from multipie of?ces, the jurisdiction will remain within the province where the matter arose, but custodianship and supervision will reside with the CD: Investigation and Information Management who will establish task teams and terms of reference; 6. Update the CMS and generate a progress report which should be forwarded to National Office on the status of the case until the case is completed, thereafter quarterly or when there is a change in the status of the case; such progress should be limited to the status of the investigation (investigation is pendinglcompleted and recommendations have been forwarded to the DPPISAPS, the case is pending in court and report on the court dates), the report to National Of?ce should be detailed and include timelines, project plans and expenditures; 7. Refer to Supervisor for review and recommendation of case being decision ready or closure; 8. Refer to the DI for case being decision ready andror closure: 10. Upon receipt of the outcome of the disciplinary andlor criminal process, refer for closure; 11. Where no disciplinary andfor criminal recommendations are made but only a report with ?ndings the case can be closed without capturing any feedback on report. 69 Procedure for the investigation of a case i to Section 33 of Act read with Section 29 of Act 1. Upon establishing a failure on the part of any SAPS member to comply with their obligation to report matters referred to in Section 28 (1) in terms of Section 29 the following should occur: A docket should be opened against member(s) i.t.o. Section 33; Where no docket is opened, ensure that the case docket is opened at any stage during the process of investigation; . . r? Standard Operating Procedures for 2015-2016 ED Initial Page 30 4. This ?le should be investigated separately of the main offence; 5. Upon receipt of the file, conduct outstanding investigations as per directives by CICISupervisor; 6. Visit all the identi?ed witnesses to conduct interviews and obtain statements; 7. Compile a recommendation to the SAPS. If completion of case was done departmentally, recommendations may be made to the SAPS. If completion of the case was done criminally, recommendations may be made to the 8. Where no misconducticriminal activities can be proven, the case should be closed as unsubstantiated and forwarded to the Supervisor and DI for approval; 9. Update the CMS and generate a progress letter to all relevant stakeholders. Progress letters should be forwarded on the status of the case until the case is completed, thereafter quarterly or when there is a change in the status of the case; such progress should be limited to the status of the investigation (investigation is pendingi'completed and recommendations have been forwarded to the the case is pending in court and report on the court dates), the report should never contain the merits or demerits of the case; 10. Refer to Supervisor for review and recommendation of case being decision ready or closure; 11. Refer to the DI for case being decision ready andfor closure; 12. Upon receipt of the outcome of the disciplinary and/or criminal process, refer for closure. 6m Procedure for completion and closmg of files and dockets N0. PROCEDURE Obtaining the status of ?Decision Ready" for cases 1. The Investigator initiates completion of a file through the Supervisor after completing a case investigation report; 2. The Supervisor reviews and quality assures directives and reports and recommends decision ready to the 3. The DI approvesfdisapproves; 4. No Investigator acting as DI will approve the completion of a ?le investigated by himselffherself; 5. All Section cases must be referred for decision to the SPPIDPP, before closure; Closing of Files 6. The Investigator initiates closure of a file through the Supervisor after completing a closure report, which will include the outcome of the criminal caseIDC process within 30 days after the last of the two outcomes have been received; 7. The Supervisor reviews and quality assures directives and reports and recommends decision ready to the Standard Operating Procedures for IPID 2015?2016 ED Initial \{t?ir Page 31' The DI approvesidisapproves closure No Investigator acting as DI will approve the closure of a file investigated by himiher; 10. Where a ?le is closed as Withdrawn by victim(s), the victim(s) withdrawal statement(s) must be ?ied. or an affidavit by the investigator in the event that the victim(s) withdrawai statement{s) could not be obtained. sass 6.11 Procedure for arching of files and dockets PROCEDURE FOR ARCHING OF FILES AND DOCKETS Archiving of Case Dockets 1. The DI approves the closure of the investigation of the case and completes the closure activity on the CMS, and thereafter the process of archiving comes into effect through completion of the Archiving Actjvitv on the CMS within 60 davs of closure being aggroved; 2. The Investigator must return the SAPS docket to the Station concerned in accordance with procedure 5.12; Archiving of Files 3. The DI approves the closure of the investigation of the case and completes, and thereafter the process of archiving comes into effect through completion of the Archiving Activity on the CMS within 60 days of closure being approved The DDI conducts quality control before the file is archived; The Investigator archives the file in the IPID Archiving facility in line with the Archive Activity on the 6. Closed ?les must be archived within 60 days after closure. 6.12 Procedure for obtaining and returning SAPS dockets PROCEDURE FOR OBTAINING SAPS DOCKETS 1. Request docket from the Provincial! Stationit Branch Commander; 2. Ensure that the Provincial! Station! Branch Commander transfers the docket on the CA8 system and records on the register in accordance with the provision of the SAPS Standing Operating Procedure (SOP) dated 20fi1f2007; 3. Make an OB Entry to confirm receipt of docket from the station and member concerned; 4. Record the transaction on the IPID manual docket register; 5. On arrivai at the office ensure that the information CMS is updated; PROCEDURE FOR RETURNING SAPS DOCKETS 6. When returning the docket ensure that the Provincial! Station! Branch Commander transfers the docket on the CAS system and records in the Standard Operating Procedures for IPID 2015-2016 so Initial I [a 9.. rage?32 register in accordance with the provisions of the SAPS Standing Operating Procedure (SOP) dated 20111i200?; Make an OB Entry to confirm return of the docket to the station and member concerned; or when the docket is returned to SAPS (other than at the station), written proof should be obtained; 3. Record the transaction on the IPID manual docket register; 9. On arrival at the of?ce ensure that the information CMS is updated. 6.13 Procedure for referral of cases 1. Upon registration of the case, the Investigator will prepare a referral letter immediately and close the case where the complaint falls outside IPID mandate; 2. In the situation where a discretion needs to be exercised, whether a case must be investigated or not, an Investigator will refer the case to 3. The CIC will analyse the case and advice the PH whether to refer a case in terms of Section 4. The PH will decide whether the case is to be investigated or referred. 6.14 Crime scenes 6.15 Standard Operating Procedures for IPID 2015-2016 ED Initial 1. All crime scenes relating to investigation of Section 28 matters should be attended where possible; 2. Over and above the directive above, comply with the provisions of Regulation 8; 3. Where a crime scene needs to be reconstructed, permission should be obtained as to justify the costs. Arrests 1. In case of the possibility of arrest an Investigator should preferably obtain a warrant of arrest, or consult the Prosecutor to give a go-a-head and note it in the docket; 2. The Investigator must consult with the DI or PH before effecting the arrest without a warrant; 3. In high pro?le cases the ED, PM and PH should always be consulted prior to the arrest: 4. The EH of MP3, the Station Commander as well as the Provincial Commissioner of SAPS is to be informed of any intention to arrest a member prior to effecting the arrest: (.7 Page 33 In case of uncertainty on arrests without a warrant, the DI or PH must consult Legal Services. 6.16 DNA Forensic Samples In any case where any ?buccal sample" may be required, only IPID of?cials authorised to do so in terms of the Criminal Law (Forensic Procedures) Amendment Act, Act 37 of 2013 and its Regulations may take the samgles; Where IPID of?cials are not allowed to take said (DNA related) sample, hefshe should ensure that the sample(s) are taken by an quali?ed medical practitioner as indicated in the said Act; Once samples are collect ensure delivery of the sample to relevant laboratory for analysis of same; Record all activities undertaken and results on 7. REGULATIONS This SOP should be read together with the Regulations promulgated under Section 34(1) of the Independent Police Investigative Directorate Act 1 of 2011, especially in relation to the following aspects (but not with regard to any period mentioned in the said Regulations pertaining to completion periods): investigation of death in police custody or as a result of police action (Reg the rape of a person. whether in police custody or by a member; torture or assault by a member; and involvement in corruption (Reg the discharge of an of?cial ?rearm (Reg investigation of matters referred to the IPID (Reg securing of a crime scene (Reg and identification parades, taking of af?davits and giving evidence (Reg 9). 8. DELEGATION 8.1 The Executive Director delegates authority to the Provincial Head to refer andior investigate matters that fall outside Section 28(1)(a) to to the relevant Provincial Commissioner, if it is not a high pro?le matter or a serious offence or misconduct that has potential to attract public interest, or if is not referred to IPID by the Minister, MEC, Secretary for Police or the ED. Standard Operating gocedures for IPID 2015-2016 ED Initial Page 34 3.2 Provincial Heads and Director Investigations should under no circumstances delegate their functions, in terms of this SOP. on a permanent basis to another member of hislher staff. 9. PENAL PROVISION Failure to comply with any provision of this SOP amounts to misconduct and shall be dealt with in terms of the disciplinary code of conduct of the Public Service. 10. REVISION This SOP shall be revised as and when a need arises. Approved by the Acting Executive Director. MR ACTING XEELITI DIRECT Standard Operating Procedures for IPID Initial (I. Page 3% 28 No. 34139 GOVERNMENT GAZEI IE. 23 MARCH 2011 FORM 1 REPORTING OF MATTER BY STATION COMMANDER, MEMBER OF THE SOUTH AFRICAN POLICE SERVICE OR POLICE SERVICES (Regulation [Section 29(1) of Act I of 2011] Compiaint Details EASIER Noflnquest No Province Date of incident Time of incident Date Reported to Reported to SAPS 1 Yes No SAPS Incident relates to I Death in police custody Death as a reault of police action 1 Discharge of firearm by police officer gr Rape by poiice officer UH DutyI 1 Off Dutvi l?ape of person In police custody Torturefassault by police officer Complaint Description (Use additional foiios if necessaw} STAATSKDEFIANT. 23 MAAHT 2011 NO. 34139 29 Cumplainant Details Role in thacase I [lComplainant {]Third 5 part? ID Number Passport Number 3 Title First Name Last Name ,1 i ?iddle Name Surname Mubile Fax Email . I Male I Nationality I Gender {Female Disabled status I {Wes AddrESs Country City Suburb Postal Code Preferred cantact Method lag. Email, 5M5, Fax} 313 NO. 34139 GOVERNMENT GAZETTE, 23 MARCH 2011 Police Details {Reporting StationIUnithPS} Policing Unit Policing Entity SAPS, Police Station investigating Officer First Name investigating Officer Middie Name - investigating Officer Last Name Investigating Officer . Rank 1 ED Parade Haiti ill-es iPiD Teiephimically informed [Hes No Date of Cali Official incident reported to 1 Time Of Cail Title of Person Reporting In cident First Name of Person Reporting incident Middle Name of Person Reporting Incident Last Name Surname of Person Reporting Incident District Surgeon Notified [Hes i] No - District Surgeon First Name District Surgeon Middle Name '3 District Surgeon Last Name District Surgeon Tei Victim Deteiis ID Number Number First Name Middle Name Last Name r' Surname Gender Male [1 Female Race Age Nest of Kin Notified [Itesiihlo Location of Body Respomibie Person for death 4? injury.?r I Himseifg? Herself PS Memberis} I inmates [ltrigilantesif Members of the public 1 Other 5 Responsible Person (Othed STAATSKOERAMT, 23 MMFIT 2011 Na. 34?! 39 31 ?ause of Death I i Classify Deceased Suicide During Apprehension I I in transit with SAPS vehicle Natural ?auses Bait-defense During escape [1 Due to motor vehicle accident I Unknown . 3 Other . Suapect i Sentenced [IWitness Protection Awaiting trial Mentai patient i Detainee Yes No Reason for Detention Place where Death Occurred instrument I Object Causing Death Service Member?s Details identified [i 'i'es I No Rank 1 Persal Number iD Number i Initials First Name Middle Name Last Name fSurname Gender [lMale [IFemale Race Duty Station 5 Duty Station Unit in Duty HYES i identified HYES No Rank . Persal Number ID Number Initials First Home Middle Name Last Name Surname Gender [1 Male {iFemale Race Duty Station Duty Station Unit On Duty identified [1 Yes i] No Rank Persal Number I it) Number i Initiafs First Name Middie Name 32 ND. 34139 GOVERNMENT GAZETTE. 23 MARCH 2011 Last Name Surname Gender [1Maie Female Race Butt:r Station Duty?' Station Unit On Duty [Hes Contact Nu mber Vehicle Ragistratian Number Description of vehicle: Station Commissioner's Rank: Station Commissioner's Full names: Station Commissioner's Signature: STARTSKOEFIANI 23 MAAHT 2011 ND. 34139 33 FORM 2 COMPLAINT REPORTING FORM BY MEMBER OF PUBLIC {Reguiation [Section 23(1Hg] of Act it of 2011] Complaint Details CASHIER No.3 inquest No Province Date o? Incident ?E'ime of incident i Reported to i Ii?es I No Date @Eorted to SAPS Name of SAPS station Protection Order issued? Yes No Protection Order we; interim [1 Final Date Issued incident relates to Death in police custody Death as a result of poiice action Discharge of firearm by police officer Rape by poiice officer [in DutyI I Off DutyI i 1 Rape of person in poiice custody 1 Torturex?assault by police of?cer Corruption within the police Complaint description [use additional folios it necessary}: 34 N0. 341 39 GOVERNMENT GAZETTE, 23 MARCH 2011 Complainant Details {includes third part? complaints} Role in the case 1 Complainant i Third Party ID Number Passport Number Title First Name Middle Name Last Name Surname Landline Mobile Fax Email I Male 5 Nationality Gender []Femaie Disabled status AddreSs Country City Suburb PostalCode Preferred contact Method E-meli, EMS, Post} Victim Details 3 Passport Number First Name Middle Name Last Name I Surname Gender Male Female Race Age Service Memoer'sl?letaiis identified [1 Yes No Rank - Persal Number ID Number Initials . First Name Middle Name 2 Last Name I Surname [1 Male Female Race Duty:r Station Duty Station Unit Identified [1 tea [1 ND Rank Persal Number ID Number initials _5 First Name Middle Name -. Last Name! Surname Gender {1 Male [IFemafe Race Duty Station ll?luttr Station Unit lite-mined lii?n?es iiND ?ank 23 MMHT 2011 NO. 341 39 35 Persai Number I if} Number i Initials First Name Middle Name Last Name ,ISurname Gender [1 Male Female Race Duty Station Duty Statinn Unit Contact Number On Duty [itesil?n Vehicle Registration Number Details of Witnessies to incident EDMPLAINAWS SIGNATURE DATE: Title First Name Middle Name Last NamefSurname 7 II Landline Mubile Title First Name Middle Name Last Name- Landiine Mobile Title First Name Middle Name Last Name! Surname Landline Mobile Title First Name '3 Middle Name Last Name I Lendiine Mobile COMPLAINAWS FULL NAME 35 34139 GOVERNMENT IE, 23 MAFICH 2011 FORM 3 DISCIPLINARY RECOMMENDATIONS TO NATIONAL PROVINCIAL COMMISSIONER {Regulation 13(2)) {Section 30 of Act I: of 2011} CASE INVESTIGATIVE REPORT int Details CCN Incident descr cede of date Date of iast Cum int class aina . Date of nt SAPS CAS number Sus identification 3255 nt staff member - Source of ieint Summ of 3th 5 Evidence giving rise to disciplinary recommendations 23 MMHT 2011 NO. 34139 3? Analysis and findings Recommendations regarding discipiinarv action to be taken in terms of applicable disciplinary regulations or code Signature of investigator: Recommended I not recommended Full names of supervisor: Signature of supervisor: Full names of iF'iD Provinciai head: Signature of Provincial head: Fuli names of iPlD Executive Director! member acting in terms of regulation 12(3): 33 33 No. 34139 GOVERNMENT GAZETTE. 23 MARCH 2011 Signatur? of iPlD Executive Director! member acting in terms {If regulation IPID Form 4 Decision on cases falling outside the sphere of Section if the IPID Act Cases falling outside Section 28 the Executive Director has delegated the to make a decision on how these matters should be dealt with to the Provincial Heads ito paragraph of the Standard Operating Procedure. The following matter was dealt with in the following manner: Police Station: CAS Number: Criminal Charge: Victim: After reviewing the allegation as provided by SAPSi'Complainant, the foliowing decision was taken: Will the matter be investigated by lPlD: LYes No If ?Yes". provide reason for decision: If provide method of disposal: Decision taken by: in their capacity as: Date: Signature: I This form must be completed for all matters outside Section 28 (Mai?(g) 1.1. 1.2. 2.1. 2.2. 2.3 3.1. i i Department: independent Police investigative Directorate REPUBLIC OF BOUT AFRICA IPID CRIME SCENE REPORT (To be completed by Investigator at the scene) (SOP) IPID Form 5 REFERENCE NUMBERS IPID Of?ce: CCN: Standby Notification Reference Number: ETRO Station Area: CA8 NO: IPID PERSONNEL PRESENT Investigative Supervisor: IPID Investigator: Other Personnel: SAPSIMETRO MEMBERS PRESENT Crime Scene Officer: Name: Station: Rank: 3.2. 8.1. 3.3 8.4. 8.6. 8.8. 8.10 SAPSIMETRO Investigating Officer: Name: Station: Rank: ARRIVAL AT SCENE: Data: Time: ANY UNDUE DELAY EN ATTENDING THE TYPE AND REASON: SAPS MEMBER 1N CHARGE OF THE SCENE: ADDRESSILOCALITY 0F SCENE: (Full address or locality of scene) DESCRIPTION OF SCENE UPON lndeersiOutdeers. 8.2. UrbanfRural Area. HousefBusiness Premises! WarehousefPelice StationIPeliee ceilsr?FieidiPublie Read! Farm! Other Visibility: GeedNtlealead. 8.5. RainISunshine. NaturalIArti?ciai Light. 8.1 OpeniBuilt upiBushiGrassi Water! Other: Cerdened Off: Yeste- 8.9. DeceasedNietim en Scene: Yesto. Injured Person an Scene: YeslNe. 8.11. Exhibits en Scene: YeslNo. 8.12. Forensic Experts on Scene: Yesto. 8.13 Witnesses at Scene: Yesto. 8.14 SAPSIMETRO member(s) involved at Scene: Yesr'No. 9. PARTICULARS OF INJURED PERSONS 9-1. Name Age: Sex: Telephone No: (H) (W) Address 9.2 Name: Age: Sex: Telephone No: (H) (W) Address: 9.3 Name: Age: Sex: Telephone No: (H) (W) Address: 1D. PARTICULARS OF 10.1 Name: Age: Sex: Race: Lu Address: 10.1.1. Apparent Manner cf Death: Gunshc?Knife 10.1.2 Family of deceased identified? NO - if "Yes" provide details: 10.2. Name: Age: Sex: Race: Address: 10.2.1. Apparent Manner of Death: (Eg. Gunsho?dKnife Weundecg 10.2.2 Family of deceased identified? NO - if ?Yes" provide detaiis: 10.3. Name: Age: Sex: Race: Address: 10.3.1. Apparent Manner of Death: (E3. Knife Wound 10.3.2 Family of deceased identi?ed? NO lf ?Yes? provide details: 11. PARTICULARS OF WITNESSES 11.1 Name: Address: Tel. No. (H) (W) (Ceil) 11.1.1 interview arranged: YESINO. For: Date: Time: Venue: 11.2 Name: Address: Tel. No. (H) (W) (Cell) 11.2.1. Interview arranged: YESINO. For: Date: Time: Venue: 11.3 Name: Address: Tei. No. (H) (W) (Ceii) 11.3.1. interview arranged: YESINO. For: Date: Time: Venue: 11.4 Name: Address: Tel. No. (H) (W) (Celt) 11.4.1. Interview arranged: YESINO. For: Date: Time: Van ue: 12 PARTICULARS OF SAPSIMETRO MEMBERIS JNVOLVED 12.1 Name: 1? Service Number: Rank: Station: Unit: 12.2 Name: Service Number: Rank: Station: nit: 12.3 Name: Service Number: Rank: Station: Unit: 13 EXHEBITS ON THE SCENE: (Describe each exhibit and the piece where it was found} 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 14 MANNER OF DISPOSAL OF EXHIBITS 14.1 14.2 14.3 14.4 14.5 14.5 14.7 14.3 14.13I 14.10 14.11 14.12 Taken by SAPSIMETRO investigating ef?cen'Bailistic experUPathelegist) 15 AND OTHER EXPERTS AT SCENE 15.1 Fingerprint: Name and Contact details 15.2 Photographer: Name and Contact details 15.3 Ballistic: Name and Contact details 15.4 Pathologist: Name and Contact details 15.5 Other: Name, Fiefd of expertise, Organisation and Contact details 15. SHORT SUMMARY OF EVENTS AS DETERMINED AT SCENE 10 17. 1?.1 17.2 1?.3 FAMILY LIAISON: Name of family member communicated "with: Contact details of family member: information obtained from famiiy member: Signature of EPID investigator I Deicte where not applicable Continue on loose folios it" necessary Addendum to Form When arriving at scene: in the event of a case as per Section of Was a request made to the SAPS member in charge of the scene to provide assistance relating to: Yes ?g Tvoe Providing of crime kits Providing of forensic evidence bags Any other type of assistance: Was failure to assist expiained as a contravention of Section 29 of the IPID Act and these possible criminal actions can result in the event of a failure to assist? Yes ?g Response of SAPS member on scene: Siqnature of official: Siqnature of SAPS of?cial: _N_ame, Surname. Rank: I, hereby con?rm that attended the scene on (location) at (time and date) and that the foilowing SAPS officia! confirms my attendance on the date, time and location as indicated. Signature of official: Sionature of SAPS official: SAPS Persal Number: Name. Sgrname, Rank: Date: Time: I3 i i Department: Independent Polioe investigative Directorate REPUBLIC OF SOUTH IPID POST MORTEM REPORT (To be completed by IPID Investigator at the postmortem) (SOP) IPID Form 6 POST MORTEM DATA 1. Name of the deceased: Body No: 2. Name of the PathologistlDoctor: 3. Place and Date: 4. ID Number: or Date of Birth 5. Observations: 5.1. investigators requested Pathologist/Doctor to specifically look atifocus on: 6. Doctor?s Findings: 7. Cause of Death: 8. Sampies taken: 9. Other notesiobservations: 10 Signature and date of the PatheiogistiDoctor acknowledging that IPID investigator was present at Post Mortem: Name of PatheiogisttDector: Signature: Date: 1.1. 1.2. 2.1. 2.2. 2.3 3.1. mm Departnent: REPUBLIC OF SOUTH AFRICA IPID CRIME SCENE REPORT (To be completed by IPID Investigator at the scene) REFERENCE NUMBERS IPID Of?ce: CCN: Standby Notification Reference Number: Station Area: Independent Police investigative Directorate gm) moamv CA8 NO: IPID PERSONNEL PRESENT Investigative Supervisor: IPID Investigator: Other IPID Personnel: SAPSIMETRO MEMBERS PRESENT Crime Scene Of?cer: Name: Station: Rank: 3.2. 7.1. 7.3 7.4- 7.6. 7.8. 7.10 7.12. 7.14 SAPSIMETRO Investigating Of?cer: Name: Station: Rank: ARRIVAL AT SCENE: Date: Time: SAPS MEMBER IN CHARGE OF THE SCENE: ADDRESSILOCALITY OF SCENE: {Fuli address or tocality of scene) DESCRIPTION OF SCENE UPON Indoorsf?utdoors. 7.2. Urbem'Rural Area. HouseIBusiness Premises! WerehouselPolice Station/Police ceilleieileuolic Road! Farm! Other Visibility: Good?Neelead. 7.5. RainfSunshine. NatureUArtificiai Light. 7.7. OpenfBuilt upiBush/Grassf Water! Other: Cordoned Off: YeslNo. 7.9. DeoeesedNictim on Scene: Yesto. injured Person on Scene: YesINo. 7.11. Exhibits on Scene: Yesto. Forensic Experts on Scene: Yeslwo. 7.13 Witnesses at Scene: Yesto. SAPSIMETRO membe.r(s) involved at Scene: Yesto. 3. PARTICULARS OF INJURED PERSONS 8.1. Name Age: Sex: Telephone No: (H) (W) Address 8.2 Name: Age: Sex: Telephone No: (H) (W) Address: 8.3 Name: Age: Sex: Telephone No: (H) (W) Address: 9. PARTICULARS OF 9.1 Name: Age: Sex: Race: Address: 9.1.1. 9.1.2 9.2. 9.2.1. 9.2.2 9.3. 9.3.1. Apparent Manner of Death: GunshatiKnife WoundiDog Famiiy of deceased identified? NO if ?Yes" provide detaiis: Name: Age: Sex: Race: Address: Apparent Manner of Death: GunshetiKnife WoundiDeg Family of deceased identified? NO If ?Yes" provide details: Name: Age: Sex: Race: Address: Apparent Manner of Death: Gunshotf Knife Wound 9.3.2 Family of deceased identified? NO lf?Yes? provide details: 10. PARTICULARS OF WITNESSES 10.1. Name: Address: Tel. No. (H) (W) (Cell) 10.1.1 Interview arranged: YESINO. For: Date: Time: Venue: 10.2. Name: Address: Tel. No. (H) (W) (Cell) 10.2.1. Interview arranged: YESINO. For: Date: Time: Venue: 10.3. Name: Address: Tel. No. (H) (W) (Cell) 10.3.1. Interview arranged: YESINO. For: Date: Time: Venue: 10.4. Name: Address: Tel. No. (H) (Get!) 10.4.1. interview arranged: YESINO. For: Date: Time: Venue: 11. PARTICULARS OF SAPSIMETRO MEMBERIS INVOLVED 11.1. Name: Service Number: Rank: Station: nit: 11.2. Name: Service Number: Rank: Station: Unit: 11.3. Name: Service Number: Rank: Station: Unit: 12. EXHIBITS ON THE SCENE: (Describe each exhibit and the place where it was found) 12.1. 12.2. 12.3. 12.4. 12.5. 12.6. 12.7. 12.8. 12-9. 12.10. 12.11. 12.12. 13. MANNER 0F DISPOSAL OF EXHIBITS 13.1. 1-3.2. 13.3. 13.4- 13.5. 13.6. 13.7. 13.8. 13.9- 13.10. 13.11. 13.12. Taken by SAPSIMETRO investigating of?cerfEtallistic experUPathologist) 14. FORENSIC AND OTHER EXPERTS AT SCENE 14.1. Fingerprint: Name and Contact details 14.2. Photographer: Name and Contact details 14.3. Bailistic: Name and Contact details 14.4. Pathologist: Name and Contact detaifs 14.5. Other: Name, Field of expertise, Organisation and Contact details 15. SHORT SUMMARY OF EVENTS AS DETERMINED AT SCENE 16. POST MORTEM DATA 16. 1. Name of the deceased: Body No: 16.2. Name of the Pathologistf?ootor: 163. Piece and Date: 16.4. ID Number: or Date of Birth 16.5. Observations: 16.5.1. lF?tD investigators requested PathologisUDootor to specifically took atffocus on: 16.6. Doctor?s Findings: 16.7. Cause of Death: 16.8 Signature and date of the PathologistlDootor acknowtedging that IPID investigator was present at Post Mortem: Name of Pathologis??ootor: Signature: Date; 17. FAMILY LIAESON: 1?.1 Name of famiiy member communicated with: 1?.2 Contact details of faminer member: 17-3 information obtained from famiiy member: Signature of IPID investigator I [icicle where not applicabtc - - Continue on loose folsos if necessary Addendum to Form 7_2_ When arriving at scene: in the event of a case as per Section of Was a request made to the SAPS member in charge of the scene to provide assistance reiating to: Yes 59 113?. Providing of crime kits Providing of forensic evidence Any other type of assistance: Was faiiure to assist explained as a contravention of Section 29 of the Act and those possible criminai actions can result in the event of a faiiure to assist? 13 Yea ?g Response of SAPS member on scene: Sionature of official: Signature of SAPS official: Name. Surname, Rank: l, hereby con?rm that I attended the scene on (location) at (time and date) and that the following SAPS official . confirms my attendance on the date. time and location as indicated. Siqnature of official: Signature of SAPS official: SAPS Feraal Number: Name. Surname, Rank: Date: Time: l4 Form 8 i pi Department: Independent Police Investigative Directorate REPUBLIC OF SOUTH AFRICA Private Bag X941. Pretoria. 0001, 114 Vermeulen Street Madiba Street City Forum Building, Pretoria Tel: {012) 399 0156 Fax: 085 630 1057 Preliminary report relating to cases in terms of Section 28(l of the IPID Act, Act Iof 20 I read with Regulation 6 Where cases are investigated in terms of Section 28 (I the Executive Director or relevant Provincial Head: designate an investigator to investigate a complaint that a member of the South African Police or the Municipal Police Services has discharged an official ?rearm, irrespective of whether such a member had been on or off duty and whether any injuryr has been sustained as a result of such discharge or not.? (Regulation The following matter was dealt with in terms of Regulation 6: Discharge of of?cial ?rearm: Police Station: CAS Number: Criminal Charge: PRELIMINARY INVESTIGATIVE REPORT RELATING TO SEC 28 MATTERS COMPLAINANT DETAILS CCN Complaint received Suspect identification date Preliminary report Investigator date Complainant SAPS CRICAS number Source of Complaint Summary Of Complaint Page 1 of 3 iPlD Form 8 Preliminary Investigation and Evaluation Recommendation: Will the matter be investigated by lPiD in full: Yes [No After reviewing the ailegatien as provided by SAPSIComplainant. the feliewing decision was taken: Page 2 of 3 IPID Form 8 If ?Yes?. provide reason for decision: If provide method of disposal: SIGNATURE OF INVESTIGATOR: FULL NAMES OF IPID INVESTIGATOR: RECOMMENDED INOT RECOMMENDED FULL NAMES OF IPID SUPERVISOR: DATE SIGNATURE OF IPID SUPERVISOR: APPROVED I NOT APPROVED FULL NAMES OF IPID DIRECTOR INVESTIGATIONS: .. SIGNATURE OF DIRECTOR INVESTIGATIONS: DATE: 1- This form must be completed for ail matters ito Section 28 (inc) Page 3 of 3