POLICE mveenemrva omecvoaare nascu?ou? Private Bag X941. PRETORIA. City Forum Building. 114 Madiba Street. Tel: {012) 399 0090. Fax: [012} 325 0408, Email: eomglainta@igid.gov.za MEMORANDUM TO MR V0 SENNA ACTING EXECUTIVE DIRECTOR: IPID FROM MR SESOKO NAT20NAL HEAD OF INVESTIGATIONS DATE 25 March 2019 SUBJECT DEPARTMENTAL STANDARB OPERATING PROCEDURE PRIORITY HIGH 1. INTRODUCTION The Independent Police Investigative Directorate Act, 2011 establishes the Independent Police investigative Directorate (lPlD) to function under the Minister. Independent Poiice Investigative Directorate is mandated to effectively investigate cases in terms of Section 28 of the Act, Act 1 of 2011. in order for the iF'lD to effectively exercise its functions, a policy document "Standard Operating Procedure? (SOP) was developed to serve as an investigative guide on the processes and procedures to be followed. The policy outlines the roles and responsibilities of the officials relating to the investigation. The policy creates uniformity in reiation to the investigation of cases. The policy is reviewed annually or as and when there is need. The firearm, ammunition and related equipment Standard Operating Procedure was reviewed and amalgamated as pat on the investigation policy. 2019f20 SOPS signoff request to Acting Executive Director 1 *Con?dential* 2. POLICY REVIEW The policy came into effect on the 15t April 201?, however, there were shortcoming identified during the impiementation. During the financiai year 2018119 the policy was reviewed to align with the Case Management System. There aspects addressed and include, among others, following: . Escalations when Supervisors and the Provincial Management do not action activities allocated to them within a specific timeframe (refer to paragraph 8.?i0.6 - 8.10.? of part - An amendment to the way in which Section 28(1)(h) matters are to be deait with, which requires approval from the Executive Director prior to registration with the date on which the province received the Executive Directors? decision being the date of receipt. This is to reduce the number of cases where the case is registered but is deemed to be outside mandate and then has to he re-classified as such (refer to paragraph 8.4.6 of part A) Manual compietion' of cases as per the endorsement of the reievant report can be used to generate the completion statistics (refer to paragraph 8.10.8 of part A) - Combining the firearm, ammunition and related equipment SOP with the investigation SOP so that there is a single document that speak to sit Programme 2 related matters. . Regarding the firearm, ammunition and related equipment SOP, the biggest changes relates to the period that permits are valid and what is required to renew a permit. There was consideration made with regard to the new process to renew permits which previously was not in the BOP (refer to paragraph 10.1.3 of part B). - The Firearms Control Committee is no longer to be used and the duties of the committee is to be performed by the Provincial Management (review and 2019(20 SOPS signo?'~ request to Acting Executive Director 2 it *Con?dential* recommendation of permit requests, refer to paragraph of part and the National Head of investigations (recommendations to the Executive Director regarding procurement and surrendering of firearms and training related matters refer to paragraph 6.2.2 of part B). . Firearm, ammunition and related equipment SOP is strengthened in terms of the rate that the Security Component plays regarding oversight over issuing and returning of firearms and ammunition (securityr personnel must always be present whenever the safe is accessed and equipment issuedr?returned, refer to paragraph 6.5.6311r part B). 3. ENGAGEMENT WITH STAKEHOLDERS ON THE POLICY REVIEW Provinces other Programmes were engaged with proposed changes provide inputs for consideration on the review of the policy. it is envisaged that the revised policyr should be implemented with effect from 15t April 2019. The National Head: of Investigations will issue an instruction to Provincial Management to ensure that members receive training on the SOP. The training should be done on the month of Aprii 2019. 4. RECOMMENDATION - The foliowing recommendations are made for consideration by the Acting Executive Director: . That the Acting Executive Director signs and approves this policy into operation with effect from 1 April 2019 instruction shouid be issued to Provinciai Heads to ensure that training on this policy is presented to members during the month of April 2019 2019/20 SOPS signoff request to Acting Executive Director 3 Con?dential* 5. CONCLUSION The policy is an evolvingdooument that is reviewed when there is a need and will have to be reviewed again when the Act is amended as per the Constitutional Court Judgement. It is requested that the Acting Executive Director signs off on the policy. .. MR SESOKO ONAL HE 0F INVESTIGATIONS- .2 PPROVED NOT APPROVED '43 v4 i we we SENNA DIRECTOR: IPID DATE: 2019/20 SOPS Signoff to Acting Executive Director 4 Con?dential?I? POLICY TITLE: INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE INVESTIGATIVE AND FIREARM RELATED STANDARD OPERATING PROCEDURES POLICY NUMBER POLICY REFERENCE 3 OSTOS (31551000 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE REPUBLIC OF SOUTH AFRICA APPRD TAPPROVED MR. 40 SENNA 3 DATE ACTING EXECUTIVE DIRECTOR: IPID EFFECTIVE DATE: 01 APRIL 2019 1 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND ED Initial: *Con?dCIItial* This Standard Operating Procedure (SOP) consists of two parts: Part A: investigative SOPS, pages 3 - 50 Part B: Firearm Related SOP, pages 51 T5 Note: These Standard Operating Procedures repeals all previous versions as well as Executive Director Instructions relating to previous versions of the Standard Operating Procedure 2 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE - 3 ED Initial: 78.1 8.2 8.3 Con?denti a1* Part A: Table of Content: Investigative SOPS PREAMBLEIBACKGROUND 5 PURPOSE 5 POUCY 5 SCOPE 3 5 DEFINITIONS - 6 APPLICATION 15 DUTIES ANO RESPONSIBILITIES 16 The Executive Director (ED) 16 Programme Manager (PM) 16 Provincial Management Group .. Provinciai Head (PH) . 18 Deputy Provincial HeadiDirector Investigations 19 Deputy Director Investigations 20 21 Supervisor 23 Case Intake Committee 24 GENERAL GUIDELINES AND PROCEDURES 25 General Guidelines for filing documents in an iPiD docket 25 General Guidelines relating to IPID communication 25 Generai Guidelines relating to case investigative reports and resulting recommendations andi'or referrats leading to compietion as well as closure reports. 27 8.4 8.5. 3 Procedure for the registration of cases 28 Procedure for the investigation of a case 32 OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND Fl INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE 3 ED lnitiai: Con?dential? 8.8 Notifications to lPiD 33 Arrival at the crime scene and cooperation with SAPSIMPS member in charge of crime scene read with Regulation 8 33 8.8 Post scene investigation 34 3.9 Post Mortem 35 8.10 Further investigation: Active investigations 36 8.11 Further Investigation: IPDM cases: 42 8.12 Special attention reiating to each case classification: 43 8.13 Procedure for the investigation of Section 28(2} cases where the case has been initially registered under another classification 45 8.14 Procedures relating to Identification Parades, taking of affidavits, giving evidence, production of documents and submission of information and cooperation by Police 45 8.15 Procedure for electronic archiving of investigative documentation at ciosure of the 48 8.18 Procedure for obtaining and returning SAPS docks-ts 45 3.17 iPiD 47 8.18 DNA - Forensic Samples 4? 8.19 Con?ict of interest 48 8.20 Investigators . 48 9. 49 10. DELEGATION - 49 11. PENAL PROVISION 49 12. 49 13. LIST OF . 50 4 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIR ?lls ED Initial: Con?dential* This Standard Operating Procedure repeals all the previous Standard Operating Procedures and shall be read and implemented in coniunction with the IPID Act, 5 Regulations, Firearm "Control SOP, Registers and the Case Flow Chart. 1. The Independent Police Investigate Directorate (lPiD) Act, Act 1 of 2011 allows for the establishment and investigation of cases as per Section 28 of the Act. This Standard Operating Procedure (SOP) provides for standardisation in terms investigation processes by investigators. 2. PURPOSE of The purpose of this SOP is to establish policy and methods by which cases should he received, registered; processed and disposed of, while being cognisant 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 19W, as amended, the Regulations promulgated under both the South African Police Service Act and the Independent Police investigative Directorate Act and other relevant legislation. 3. POLICY It is the policy of the [Pitt to: 3.1. Ensure that investigative assignments to IPID staff are made in a clear and unambiguous manner; INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE ED Initial: 59/ 3.2. Provide investigators with time frames within which to perform assigned investigative activities; 3.3. Require investigative staff to provide regular reports regarding investigations to supervisors; 3.4. Ensure that supervisors. actively manage the investigative activities of their subordinates; I 3.5. Ensure that investigations are carried out in a coherent and standard method within the 5 3.6. To with the turnaround time agreed to in respect of the investigation of different Section 28 matters; and Ensure compliance with established accountability mechanisms. 4. SCOPE The poiiov applies to all employees involved in the investigation and management of cases reported and investigated by as well the support structure supporting the inves?ga?ons. 5. DEFINITIONS For the purpose of this SOP the following wordsir expressions shall mean: 5.1 Act means the Independent Police investigative Directorate Act, Act 1 of 201 5.2 Acquitted (Criminal) means a member was found not guilty of a criminal offence and discharged; 5.3 Acquitted (Departmental) - means a member was found not guilty of departmental misconduct; 5.4 Active investigation means any case that is still under investigation and no report can be drafted in order to compiete the investigation; 5.5 Assistant Directorinvestigations (ASDH - means a person appointed at a Ievei lower than the Deputy Director Investigations; 6 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STAND OPERATING PROCEDURES TO INVESTIGATIONS AND FIR MS ED initial: 1M?Cordials?mtial 5.6 Backlog means active cases carried over from previous financiai years; Brought Fonvar?d means a date by which a docket must be submitted to a Supervisor for evaluation of compiiance with the directives. Cases should be submitted for inspection at least every 80 days irrespective if the case is Active or Completed, in the event that the NPA or Court gave a date, the SIP date wiil be ?ve (5) days before the date given by the stakeholder to give- sufficient time for the Provincial Management Group and or Supervisor to verify that all outstanding directivesfinstructions have been attended to; 5.8 Case Docket - Refers to a docket that contains all evidential documents (or copies thereot), correspondence and the investigative journal. it consists of ctips. This docket is used to refer the investigation to the MFA for decision (where appiicable); 5.9 Case Classification Refers to the manner in which cases are classi?ed in terms of legislation in terms the Act; 28. 1} The Directorate must investigate: any deaths in police custody; (is) deaths as a result of police actions; any complaint relating to the discharge of an of?ciai ?rearm by any police: officer; rape by a police officer, whether the police of?cer 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 officer 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 any other matter referred to it as a result of a decision by the Executive Director, or if so requested by the Minister, an MEG or the Secretary as the case may be, in the prescribed manner. The Directorate may investigate matters relating to systemic corruption invoiving the poiice. Section 33 (3) Any poiice officer who faiis to comply with Section 29 is guilty of an offence and iiabie on conviction to a fine or to imprisonment for a period not exceeding OPERA INDEPENBENT POLICE DIRECTORATE STANDAR TING PROCEDURES RELATING TO AND FIR 3 ED initial: 6?1 *Confidential it Con?dential two years; 5.10 Case Investigative. Journal (CIJ) refers to a journal used to record all directives and activities undertaken, on the docket and CMS. which journal must always be filed in the clip of the docket; 5.11 Case investigative Report (CIR) refers to an investigative report indicating the extent of the investigation and resulting request to generate the appropriate recommendation(s) {if applicable); 5.12 Case Management System means an database used for the electronic recording: and processing of cases; 5.13 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 and its stakeholders; 5.14 Case intake Committee refers to a committee that is constituted by no less than three persons, ASDI and any available Investigator). in case of unavailability of personnel; the sitting ASDI or Ft will constitute a valid sitting; 5.15 Closure of a Case-f? means the ?nal disposal of a case where investigation. court processes and disciplinary processes have been concluded and the Provincial Management is able to conclude that the case can be closed after which the case is ready for closure on-Ethe 5.16 Closure Report refers to the report that is generated that outlines the entire case, from receipt till outcome and closure and includes investigation conducted and reportlrecommendation made to stakeholder(s) and the outcome of the case as well the manner of disposal of exhibits; 5.17 Completion date means the date on which the applicable reports were manually signed off on by Provincial Management 5.18 Convicted [Criminal] means a member has been found guilty of a criminal o?ence; 5.19 Convicted {Departmental} means a member has been found guilty of Departmental misconduct; 5.20 CPA means the Criminal Procedure Act 51 of 197'? as amended; 5.21 Criminal Referral means an investigative memorandum and cover letter which documents the entire investigation and contains summary of affidavits and technical reports, reflects lPlD's opinion as to possible prosecution and requests the NPA to make a decision to prosecute or not; 8 INDEPENDENT POL-ICE INVESTIGATIVE DIRECTORATE STAND OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FER JVIS ED Initial: 5.22 Death in Police Custody (Section means death whether natural or unnatural, which occurred while the deceased was in the custody of the SAPS or 5.23 Death as a Result of Police Action (Section - 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 SAPSIMPS when any state asset was involved (eg. SAPS issued ?rearm or of?cial sans vehicle); 5.24 Declined means: a decision taken by the NPA, SAPS or MP3 not to instituE? criminal or disciplinary proceedings against the member; 5.25 Decision-Ready Investigation refers to an investigation where an investigator has conducted quality investigation and obtained all the necessary evidence to either refer the case to the NPA for a decision, or make a recommendation to the SAPSIMPS, or make a Policy related recommendation or a General Recommendation. 5.26 Decision?Ready Investigation (Criminal Referral} refers to an investigation where iPiD is in the position to refer a case to the NPA for a decision; 5.2? Decision-Ready investigation {Departmental Recommendation) refers to an investigation where'lPiD is in the position to refer a Recommendation to the 5.28 Decision?Ready investigation {Policy Recommendation) refers to an investigation where iPiD is in the position to refer a Policy related Recommendation to the SAPSIMPS, Civilian Secretariat for Police or the Minister; 5.29 Decision-Ready investigation {General Recommendation) refers to an investigation where iPiD is unable to complete a case based on the completion methods above. These types of recommendations are where cases are referred to any relevant stakeholder for investigation or the case is completed as "Undetected"; 5.30 Departmental Recommendation Report means a comprehensive case investigative report which documents the entire investigation and contains the conclusion, summary of affidavits. with or without technical reports, written recommendations to the SAPSIMPS with regard to whether a member should be departmentally charged or not; 5.31 Deputy Director investigations means a person appointed as a deputy to the Director of Investigations; 5.32 Directivets). instructionsiguideiines issued to the investigator by the Supervisor; 5.33 Director investigations {Di} means a person appointed at the level of Director for 9 'g POLICE ENVESTIGATIVE DIRECTORATE STANDARD OPERATING PROCEDURES RELATING TO. AND FIR 5 ED initial: a? Investigations at both National and Provincial level and referred to as ?Deputy Provincial Head? at provincial level; 5.34 Discharge of an Official Firearm Any complaint made by a complainant (does not have to be the victim) or notification where a member of SAPSIMPS discharged any official firearm, irrespective of the type of ammunition discharged and irrespective whether member was on or off duty. Where any injury was sustained by the victim as a result of the discharge (attempted murder) or where there is damage to property. If a case does not meet the identified definition, it shouid be registered as an "outside mandate" case and closed; 5.35 Docket register Refers to a manual register to be kept in which docket movements and allocations must be recorded; 5.35 DPP - refers to theEDirector of Pubiic Prosecutions; 5.3? Duplicate refers to a manner of compietion and closure where a case was registered as a duplicate. of another case. The duplicated case, upon closure will be removed from the intake and wiil not generate any performance related statistic; 5.38 EH Executive Head of the Metro Police Service; 5.39 Electronic case {refers to an electroniciscanned version of the case docket that must be uploaded; onto the system and a similar copy kept as backup by the province; 5.40 Exhibit refers to any item of evidential value collected or obtained during the course of investigation; 5.41 FulI investigation 4? refers to where an investigator takes over a docket from the SAPS, conducts an independent enquiry and assessment and proceed with any other searchienquiry for farther evidence to enable himiher to make a finding; 5.42 High Profile Case's refers to an incident which involves a person with a high standing in the community and andfor a matter which draws or has the potential of drawing public interest or high media coverage; 5.43 immediately means at once, without hesitation or delay or as soon as it is practicable to act; 5.44 investigator means any official who investigates complaints as per the IPID Act and includes an Investigator, Senior Investigator, Principal investigator, Assistant Director investigation. Deputy Director investigations, Director investigation and Chief Director Investigations; 5.45 Investigation refiers to the systematic search of evidence or facts to prove or disprove the allegation being investigated; 10 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIR ED initial: o?g **C011?dcntial* Con?dential 5.45 Investigative Support Any administrative support that assist with capturing of data which includes database clerks, data capturers, complaints receptionists and PA to the Provinciai Head. Any person who has access to the system but cannot be allocated a case to?be investigated is regarded as investigative support; iPiD means the Independent Poiice Investigative Directorate; 5.45 iPtD investigation? Forms - refers to applicable investigative forms that need. to be ccmpieted whenever a case is being investigated; 5.49 Manual Registration Number means a temporary number allocated to a case while the one is off?line and which will be updated immediateiy when the one is online (the format will be as follows: Provinceiyeari'rnonthinurnber e.g. 5.50 Manual Complaints Register refers to a manual register in which all writte? complaints received are recorded; 5.51 Member means an of?cial appointed in terms of the South African Police Service Act 58 of 1995, as amended; and includes a member of the 5.52 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; 5.53 MP3 - means a Municipal Poiice Service established under Section 54A of the South African Police Service Act as of 1995; 5.54 National Head of Investigations - means any person who has been appointed as the Manager for investigation and Information Management; 5.55 NPA 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 5.56 Offence inciudes any violation of common or statutory law; 5.57 Official hours means normai business hours as contemplated in the Public Service Act, 1994 (promulgated under Proclamation No. 103 of 1954); (PSA) and includes hours stipulated by the lPiD Flexi Time Poiicy and for the purposes of this policy it will be regarded as 7.30%? 15:30; 5.58 Outside Mandate Case means a case: Which does not involve a member of the ll. Which occurred prior to 1 April 199?; ill. That was adjudicated upon by a court of law; and JV. That relates to a service delivery complaint where the complainantfvictim I1 OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIR INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD ED initial: 531* **Con?dential* has not exhausted internal case mechanisms up to the office of the Provincial Commissioner and is not referred to the by the Minister or the Member of the Executive Council or the Executive Director, unless the Provincial Management of a province is of the opinion that it is in the public interest that the matter be investigated in which-case the case must be dealt with as Section matter; V. Any matter not within the scope of Section 28 of the Act; Note any case where the classification is changed to "Outside Mandate? while the case is still active will be closed and achived once approval is given for the classi?cation change and no statistical performance data will be generated by such. A CIR must be attached indicating the reason why a case is to be re- classified and closed as "Outside Mandate? 5.59 Preliminary Investigation refers to an enquiry of limited scope undertaken to verify whether or not an allegation merits full investigation. Where a full investigation is warranted, a preliminary report will not be required. This is only applicable to Section 28 cases reported; 5.60 Post-Decision Monitoring (PDM) The continuous evaluation and monitoring of completed cases, bi'ut feedback and outcome is still outstanding which would allow closure of the case. ICases falling under this status should be reviewed every 60 days for feedback from the stakeholder; 5.61 Post-Decision Monitoring Brought Forward EMF) - means a date by which a docket must be subrnitted to the NPA as per their instruction to address outstanding investigations on the case for a decision to be made; 5.62 Provincial Head (PH) means an Of?cial appointed to head a Provincial Office at the level of a Chief Director; 5.63 Provincial Management Group (PMG) means the management of provinces responsible for the completion, closure and monitoring of PDM cases and is on a level of Director or higher; 5.54 Quality Investigation refers to an investigation where all possible avenues relating to evidence and its? collection has been exhausted and allows for an informed decision by on Show to dispose of the case, by either referring the case to the NPA for a decision, or make a recommendation to the SAPSIMPS, or make a Policy related recommendation or a General Recommendation. 5.65 Recommendation (Negative) Recommendation is made that disciplinary action 12 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING PROCEDURES: RELATING TO INVESTIGATIONS AND FIRE 8 ED Initial: Con?dential* should be instituted and can only be made against suspects whose identity is known; 5.66 Recommendation ?lPositive) - Recommendation is made that no disciplinary action should be instituted including inquests and can only be made against suspects whose identity is known; I 5.6? Recommendation (Policy Related} Ail recommendations that are not of a disciplinary or criminal nature i are not made against individual members, but rather speak to policy and system changes; 5.68 Recommendation (General) Whenever no recommendation can be made. 5.69 Referred means is case that is referred to the most appropriate organisation or institution by the 5.?0 Referral Authorityf? refers to the Minister, MEG, Executive Director, Secretariat for Police; 5.71 Result of Case means a case can be concluded in the following manners: A. Criminal Result: i. Acquitted; ii. Convicted; Declined to prosecute; iv. Formal inquest held with person liable identified; v. Formal Inquest held with no person liable identi?ed; vi. informal inquest held with person liable identified; vii. informal? inquest held with no person liable identi?ed; Withdrawn; ix. Alternative Dispute Resolution x. Diversion; B. Departmental Result: i. Acquitted; ii. Convicted; Declined?jto discipline; iv. Withdrawn by victim; v. Corrective Counselling; C. General Completion: (Where no recommendation can be made after investigation)E i. Undetected .. Complainant uncooperative; l7 ii. Undetect'ed Suspect cannot be identified; 13 POLICE STANDAR OPERATING PROCEDURES RELATING TO AND FIR 5 ED initial: all? *Con?dential?l?l? Confidential? if Undetected CrimeiOffence cannot be identified; iv. Closed as Referred; o. Poiicy Completion r. Policy Related; E. Duplicate; F. Outside mandate. (cases where the classification has been changed to ?Outside Mandate" while case status is still active will be, upon approval of the CIR, be ciosed as ?Outside Mandate?) 5.72 SAPS refers to the South African Police Service as contemplated in the South African Police Service Act 68 of 1995; 5.73 Service Delivery Oompiaint - refers to a complaint which alleges that a member of the SAPS or MP8 failed to perform hisiher duties or performed his or her duties in an improper manner and is not deemed to be outside the lPlD?s mandate as per the ?Outside Mandatef?: definition as indicated above as per of the said definition; 5.74 SOP - means the Standard Operating Procedure; 5.75 SPF Senior Public Prosecutor; 5.76 Standby Notification Reference Number means a reference number issued immediately upon notification, by the investigator on standby to 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. NC001i03i20152250. The investigator who gave the number most add their initials at the end of the given number; 5.77 Supervisor means any person who supervises an Investigator (of any ievel); 5.78 Systemic Corruption Systemic corruption is an institutionalised endemic manipulation of a: system by individuais or networks or organisations, taking advantage of weakness in the process and systems for illicit gains, where there are leadership de?ciencies, collusion and abuse of power; 5.79 Technical Reports: - refers to reports of an evidential value that are generated by experts required to reach an investigative conclusion, inciuding but not limited to, FSL reports (Forensic Science Laboratory) post rnortem 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 i4 OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FER INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE in ED initiai: *Confidentiai *rr Activities Act t2 of 2004; 5.80 Torture mean-s any act by which severe pain or suffering, whether physical or mental, is intentionaify; inflicted 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 officiai or other person acting in an official capacity. It does not include pain or suffering arising from, inherent or incidental to lawful sanctions; 5.81 Undetected a method of completing a case without making any recommendations or referral reports. Provincial Management can endorse case docket as Undetected; 5.82 Undetected (Complainant uncooperative) Completing a case without any recommendation or referral reports can be made to the NPS, SAPS or MP8 due to the complainant not cooperating in the investigation; 5.33 Undetected (Suspect cannot be identified) Completing a case without any recommendations or referral reports due to the fact that after the investigation, no suspect could be positively identified. Where no suspect can be id?iti?ed the case must be closed as ?undetected? {excluding inouests and rape cases where so requested by the 5.34 Undetected (CrimeiiOffence cannot be established) Completing a case without any recommendations or referral reports due to-the fact that after the investigation, no crime or offence could be established; 5.85 Withdrawn by Victim means the victim indicated that he or she is no longer interested in proceeding with the case; and 5.36 Withdrawn by Prosecutor - means the Prosecutor has decided not to continue with criminal proceedings. 15 APPLICATION This SOP applies to at! notifications andior cases lodged with the lF?iD or initiated by the against members of the SAPSIMPS by any person or organisation, alleging that a member committed an act or an omission which constitutes an offence andior misconduct. OPERATING PROCEDURES TO INVESTIGATIONS AND FIREA INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD at ED Initial: *Con?dential* Con?dential* ii? T. DUTIES AND The duties and responsibilities assigned to various officiais and Committees: 7.1 The Executive Director; (ED) The Executive Director, .in addition to the duties and responsibilities as contained in Section 7 of the lPiD Act 1 of 2011 and such other duties as may be imposed in the Regulations promulgated under that Act, must: 7.1.1 Ensure that there are systems in piace for the lodging, receiving, processing, recording and disposat of cases; 7.1.2 Provide for the development and enforcement of poiicies to enable an environment that is conducive to lodge a case and receive cases reported; 7.1.3 Evaluate all discretionary cases that could possibly be investigated in terms of Section 28 based on nature, public or media interest; 7.1.4 Ensure all systemic. corruption case applications are evaluated and a decision is I made. 7.2 National Head of Investigations (NHI) The National Head of investigations must, in addition to any duties imposed under Section 24 of the lPlDiAct and such other duties as may be imposed in the Regulations promulgated-under that Act: 7.2.1 Maintain the . ?7.2.2 Determine investigation standards; 7.2.3 identify priority areas to be attended during a ?nancial year; 7.2.4 Monitor programme performance quarteriy and annually; 7.2.5 Provide feedback on the programme performance; 7.2.6 Provide systems for the registration and processing of cases; 7.2.7 Ensure data integrity is maintained; 7.2.8 Ensure that the reports and the database are quality assured; 72.9 Coordinate and supervise national task team investigations; 7.2.10 Evaluate, decide on investigations relating to systemic corruption; 7.2.11 Evaluate all cases reiating to Section 28(t)(h) received from the provinces and make recommendations to the and 16 PROCEDURES RELATING TO AND FIRE INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STAN 0223/ 5 ED initial: *Con?dential?i? Con?dential* Ezra Will be responsiblegfor the procurement of equipment used during the investigative process. 13 Provincial Management Group l7.3.1 Ensure all cases on the provincial workload is attended to and oversee the investigation and progress of all active cases; 13.2 Ensure data integrity, which is consistent with the CMS quarterly and annually; 13.3 Complete active cases on the 13.4 Review all investigation reports, assess its quality, raise queries, it any, endorse recommendations and OPP referrals and sign off on them; 13.5 To verify, on a monthiy basis, the content of all recommendation reports and referral reports and ensure quality control was done regarding the report and the recommendation(s) speak to the matter that was investigated; 13.6 Ensure that outstanding aspects on cases are attended to at POM level; 13.? Evaluate the decision related to recommendations by the SAPS and decide on further action to be taken; 13.3 Approveidisapprove requests for closure of an investigation; 7.3.9 Whoever is acting as a part of the provincial management and who is not, permanently appointed as provincial management, must attach a copy of their acting letter when completing or closing-ran investigation except where the investigation was clone by the person acting (Acting official cannot completeiclose own cases); 13.10 Ensure POM 81F dates are adhered to, directives are met and that the information is captured on the cans; 13.11 Ensure proper investigation of service delivery complaints lodged against the 13.12 Ensure that the province conduct docket audits on a quarterly basis on all POM cases; 13.13 Ensure relevant recommendation! referral reports are sent to stakehotder within 3?5 days after it has been approved; 13.14 Ensure provincial investigative staff is trained in terms of the Legislation and relevant Regulations of Act 37? of 2013 and its Regulations; 13.15 Forward to ED for a decision, cases that could be investigated in terms of Section 28 in the prescribed format and ensure that the ED's is filed in the docket and unloaded onto the 1 13.16 Ensure community outreach programs for the Provincial Office are done and anew?oi 17 INDEPENDENT POLICE DIRECTORATE STANDARD OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIREM ED Initial: it *Con?dcntial** the relevant reporting template is completed and the consolidated report is forwarded through the PH to National Of?ce 13.1? Give guidance to the investigators as to which should be generated on the CMS based on their case investigative report 7.3.18 Ensure that all information, both criminal and departmental related is uploaded onto the CMS before the docket is returned and the case is closed on the 723.19 Endorsing the docket as Undetected where no recommendationsl referrals will be made; 13.20 Ensuring that at the conclusion of the investigation that the exhibits are disposed of as required; 13.21 Ensuring that every?case that is sent for completion has a completed Investigation checklist attached and completed; ?.3.22 Ensure that the EH and Provincial Commissioner is informed of any arrest effected by an member. 7.3.23 Submit annually in Q3 a report to the NHI, relating to progress made on finding of the previous AGSA report and half yearly statistical data of current financial year, corrective measures; implemented as well as finding of own provincial inspection regarding SOP compliance and steps out in place to address shortcoming. Provincial Head {Pi-l) The Provincial Head, in addition to the duties and responsibilities as contained in Section 21 of the IPID Act 1 of 2011 and such other duties as may be imposed in the Regulations promulgated: under that Act, must: 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; i Ensure compliance with the provisions of this SOP, the Firearm Control Standard Operating Procedure {and the ED guidelines; 7.4.3 Ensure that the relevant province conduct an workload verification on a basis and compile and submit a report; Ensure provincial compliance in terms of effective use of the 7.4.5 Ensure ali applications for cases to be registered as a systemic corruption case as well as Section matters are forwarded to the NHI and are filed in the dockets and uploaded on the CMS upon approval; 18 OPERATING PROCEDURES RELATING TO AND FIRE POEICE DIRECTORATE STANW if ED initial: Con?dentistM Ensure all identified high profile cases are investigated; I 14.7 Ensure meetings with Provincial SAP-S, MP8 and Secretariat to discuss progress on recommendations made to SAPS by 4! 7.5 Deputy Provinciai HeadiDirectcr Investigations {Di} The Director Investigaticns 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: Supervise an investigation conducted by the Deputy Director Investigations; 7.5.2 Ensure that the Case Intake Committee (CIC) meets daily to evaluate and allocate cases; 7.5.3 Ensure that cases are registered and updated on the CMS in terms of the strategic objectives; 715.4 Ensure data integrity, which is consistent with the CMS quarterly and annually; 15.5 Immediately upon being noti?ed by the Investigator, notify the PH, the National Spokespersonwriting of a high profile case, conviction or arrest; 7.5.6 Ensure that the province conduct workload verification on a basis; Ensure compliance with the provisions of the IPID Firearm Control Standard Operating Procedure; Ensure is updated and all relevant documents are uploaded on the system where after closure of case can be initiated; 15.9 Forward to ED for a decision, that could be investigated in terms of Section 28 in the supplied format; 7.5.10 Ensure all identified high profile cases are investigated; 75.11 Ensure meetings with Provincial SAPS, MP8 and Civilian Secretariat to discuss progress on recommendations made to SAPS by 15.12 Ensure compliance with the Criminai Law (Forensic Procedures) Amendment Act 37 of 2013 and its Regulations; 7.5.13 Lead andfor undertake investigations on high profile cases as directed by the NHI andlor ED. 5 _l 19 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE 3 so Initial: at? **Ccn?dential* Con?dential* 16 Deputy Director investigations The Deputy Director Investigations 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, must): 16.1 Ensure that cases are captured and allocated in line with the strategic objectives; 16.2 Ensure all active Bil: dates are adhered to, determine and record active BIF dates, directives and investigative targets and ensure that the information is captured on the cuts; 16.3 Ensure that prescribed registers are in place and kept up to date; 16.4 Lead andIor undertake investigations on high pro?le cases when such cases are assigned to himiher as the Investigator; 16.5 Review case reports pertaining to investigations where investigator providing such report is directly repdrting to 16.6 Ensure proper investigation of service delivery complaints lodged against the Ensure, before the Provincial Management can ciose the case that the investigator has complied with allithe administrative requirements and updated the 16.8 Ensure that every activity undertaken by the Supervisor and investigator in the docket is entered in the Case Investigative Journat 16.9 Conduct workload verification on a basis; 16.10 Complete! Close cases while acting as Provincial Management, in the absence of the Provincial Management, notwithstanding the fact that a person might be ciosingi completing a case that heishe supervised and ensure that the acting letter is attached; 16.11 Ensure that a case that was investigated by the person's Supervisor, white hefshe is acting as Provincial Management, is not completedi?closed; 16.12 Whomever is acting as the DDI must ensure that an acting letter is attached in the docket that was attended to by the acting 16.13 Ensure that a Recommendation Register, subject to the approval of the PH, containing all cases referred to and acknowledged by SAPS or the Provincial Commissioner's of?ce is sent to IPID National Office weekly. Scanned copies of these original recommendations must be scanned at a minimum of at least 200dpi. 16.14 Ensure that a Referral Register, subject to the approval of the PH, containing all cases referred to arid acknowledged by the NPA is sent to lPiD National Office weekly. Scanned copies of these referrals are sent to National Of?ce weekly. 20 INDEPENDENT INVESTIGATIVE 4,53" OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE . 5 ED Initial: *Con?dential?l? Scanned copies of these original referrals must be scanned at a minimum of at least 2OUdpi. 7.6.15 Meet with Provincial SAPS. MP8 and Secretariat to verify recommendations made to SAPS by 726.16 Ensure CMS is updated and all relevant documents are uploaded on the system where after closure of a case can be initiated; 16.17 Conduct quality control before the case is ciosed; 7.6.18 Ensure that all Section 205 requests are submitted to the relevant service provider and where applicable bis-registered on the service providers system to submit on behalf of province. 7.5.19 Ensure the referrals 1 recommendation forwarded to the are followed up on, on a basis, and proof of correspondence is attached on the 7h? investigators The investigator 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 ease I 7.7.1 Receive and screen a casefcomplaint; Consult with the complainantfvictimfreferrai authority (only walk-in. written. emailed or faxed cases will be registered). Telephonicaiiy reported cases will oniy be registered it followed in writing; Complete an iPlD registration form. and ensure that the compiainantfvictim confirms the correctness of the?information and appends hisfher signaturefmark or'thumb print; 17.4 Register the case on the CMS and upload the notification received from SAPSIMPS or a signed registration form, fax or email and ensure that the case has not been recordedfregistered on CMS previously; Acknowledge receipt bf a case and issue an acknowledgement to complainantfvictimireferrai authority within 7? days of registration of the case; 7.7.6 Acknowledge receipt bf a case and issue an acknowledgement to next of kin (if informatipn available); 73.? Receive a docket allocated for further investigations from the Supervisor or Update the CMS. generate iettersiSMS?sfemaiis to the complainantivictiminext of kinfreferral authority and relevant stakeholders, indicating that hefshe had been assigned to investigate the case; 21 INDEPENDENT POLICE DIRECTORATE STANDARD OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE 3 ED Initial: **Con?dcntia1* 7.7.9 Conduct investigations and submit docket for inspection as directed in writing in the cu; 7.7.10 Comply with brought forward dates as determined by the SupervisorfCIC; 7.7.11 Ensure CMS is updated and all evidential documents in the docket are uploaded at the Capture incident Information (Cit) stage, and submit the docket with Recommendationszeferral Report to the Sopervisor for a recommendationfreview; 17.12 Send the Recommendationszeferral Report to sansrmesrona for a decision on disciptinary stepsrpossible prosecution of a member; 7.7.13 Follow-up on the recommendationi'referral fonvarded to the DPPIMPSISAPS, on a basis, and attach proof of correspondence on the 7.7.14 Update CMS and generate progress to the complainantfvictimfreferrat authority and relevant stakeholders; such progress shoutd be limited to the status of the investigation (investigation is pendingfcompleted and recommendations have been forwarded to the the case is pending in court and report on the court dates), the report should gale; contain the merits or demerits of the casef 7.7.15 Feedback on active cases should be done at least every 90 days and feedback on completed cases should be done at least every 90 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; 7.7.16 Enter every activity undertaken in the case docket in the CIJ (manual entry in docket and updates on 7.7.17 Updated CMS and upload alt relevant documents on the system where after closure of case can be initiated; 7.7.18 Before closure of the case a finat correspondence must be sent to the complainantl victimf next of kin! referral authority! Nationai Office andfor relevant stakeholders detailing the outcome of the case within 10 days of outcome received and must be recorded in the Cid and 7.7.19 immediately report tothe Provinciai Management any high pro?le case; 7.7.20 Keep prescribed Standby Notification Reference Number register up to date; 7.7.21 Reporting any intention to arrest to the Provincial Management before effecting the arrest; 7.7.22 Comply with the requirements and duties of the Criminal Law [Forensic Procedures} Amendment Act, Act 37 of 2013 and its Regulations; and 7.7.23 In case of the possibility of arrest an Investigator should preferabiy obtain a warrant of 22 POLICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURES-RELATING TO INVESTIGATIONS AND ED initial: **Con?dential* Con?dential* arrest. in the event of an arrest without a warrant, the Investigator should consult with the Provincial Management as well as Legal Services before effecting the arrest. in high profile cases the ED andlor should always be consulted prior to the arrest. 7.8 Supervisor The Supervisor 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: Have the supervisory role over all responsibilities as outlined in the investigator section above; 7.8.2 Allocate dockets and-igive directives to the Investigator; 7.8.3 Determine and record dates and ensure that is adhered to in terms of both active and PDM dockfets; 7.8.4 Ensure that all investigation cases are inspected at least every 88 days; 7.8.5 Ensure that every activity undertaken by the Investigator in the IPID docket is entered in the CIJ (manual entry in docket and updates on 7.8.8 immediately report tattle Provincial Management any high profile case. conviction and arrest as welt as any death of a suspect of a high profile case; 7.8.7 Check the reports and recommendations by the Investigator before submitting to the Provincial Management through the ClCactivity; 37.8.8 Conduct workload verification on a basis and compile a report; 7.8.9 CompletelClose cases while acting as Provincial Management notwithstanding the fact that a person might be closinglcompleting a case that helshe supervised; 7.8.10 Ensure that a case that was investigated by the person's Supervisor, while helshe is acting as Provincial management, is not completedfclosed; 7.8.11 Ensure that prescribed registers are in place and kept up to date; 7.8.12 Ensure CMS is updated and all relevant documents are uploaded on the system where after closure of case docket can be initiated; 7.8.13 Ensure provincial investigative staff is trained in terms of the legislation and relevant Regulations of Act 37 of 2013; 7.8.14 Ensure the referrals! recommendation forwarded to the by subordinate are followed up on, on a basis. and proof of correspondence is attached on the and 7.8.15 Ensure that all approved systemic corruption and Section 28(1)(h) cases are ?led in 2.3 POLICE INVESTIGATIVE DIRECTORATE STANDARD PROCEDURES RELATING TO INVESTIGATIONS AND FIRE ED initial: til? Con?dential the docket and Uploaded on the EMS. 7.9 Case Intake Committee (BIC) 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: 7.9.1 Receive new cases from Investigators! tnvestigative support; 7.9.2 Ensure case is not a duplicate case; 7.9.3 Ensure that time and date received as per the stamp on the notification corresponds with the data as captured on the 7.9.4 Discuss new cases to ensure that they are properly classi?ed; 7.9.5 Give directives on what investigation must be conducted in terms of all Section 28(1) cases; I 7.9.6 The chairperson must ensure the directives are recorded in the Old and the 7.9.7 Allocate the docket to an Investigator; 7.9.8 Identify person who; will supervise the Investigator for specific case and who will review Reports (Recommendation Reports and Referral Reports}; 7.9.9 Should ensure that the docket is allocated within the time specified and if not a reason must he recorded in tooth the of the docket as well as on the 7.9.10 Be constituted by no less than three persons, (DDI, ASDI, PI and any available Investigator). In case. of unavailabtiity of personnel, the sitting ASDI or PI will constitute a vaiid sitting; 7.9.11 In the event a sitting constituted out of one person, that person cannot assign the dockets to themselves; 7.9.12 Ensure that the written complaint and crime scene form (where applicable) is uploaded; 7.9.13 Review ail reports submitted by Investigator (by supervisor of said Investigator}; 7.9.14 No minutes will be kept of the sitting. 24 3 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING PROCEDURES: RELATING TO INVESTIGATIONS AND FIRE 3 ED Initial: . or 8. GENERAL GUIDELINES AND PROCEDURES 8.1 General Guidelines for; Filing Documents in a Case Docket no GENERAL connect-Mes 8.1.1 All evidential documents e.g. statements, technical reports etc. must be ?led in the clip of the docket with the A1 statement being at the bottom and all subsequent additions being added on top; 8.1.2 All correspondence??nternai and external) e.g. Progress Reports, Referral Memorandum to DPP and Acting: letters, must be filed in the clip of the docket; All non-criminat investigative related documentation such as the complaints form, relevant recommendationts},E feedback and outcome must be ?led in the clip of the docket. Copies of counter claim dockets (against victim) to be filed under clip where used for evidentiary purposes of lPiD investigation and under the clip where just used for reference purposes;'. 8.1.3 lnvestigative journals must be filed in the clip of the docket; 8.1.4 All documents must'be numbered and filed in numerical order and recorded on the Old; 8.1.5 All documents must-be uploaded on the CMS and the CMS must be updated in terms of uploads. For the purposes of uploading scanned documents, all scanned documents must be scanned at least 200dpi. 8.2 General Guidelines Relating to Communication NO GENERAL GUIDELINES 8.2.1 All communications must be generated outside the CMS as per the IPID Communication Template and uploaded onto the CMS via the relevant activity. For the purposes of uploading scanned documents, all scanned documents must be scanned at least zoOdpi; 8.2.2 Registration: . An Acknowledgement! Referral tetter must be generated and handed:l send it to the complainant! referral authority via the requested method, e.g. e~ maillfaxltelephone facilities within days after registration: (As per Regulation 3) SAPSIMPS communication at this stage (Le. who sent the complaint) will be limited. to 25 PROCEDURES RELATING TO AND FIRE INDEPENDENT POEECE DIRECTORATE STANDARD ED initial: Con?dential* acknowledgment of the complaint only and is not mandatory. Acknowledgement! Referral letter must also be generated to the complainant (non- complainant); victim or next of kin informing them about the complaint forwarded by SAPSIZMPS and that will be investigating and providing feedback on the complaint received; 3.2.3 Whilst the Case is Under Active investigation: Progress notification must be sent to the complainant! victim! next of kin! referral authority and relevant stakeholders; Progress notification should be forwarded regularly on the status of the case but should not exceed 190 days; such progress should be iirnited to the status of the investigation (investigation is pendingfcompleted and the case has been referredfrecommendations have been forwarded to the the case is pending in court and report on the court dates). the report should contain the merits or demerits offthe case; Progress notifications for Nationai Investigations and high profile investigations should be forwarded to National Of?ce: attention NHL on the status of the case until the case is completed; such progress should be limited to the progress of the inves?gauon; in the event that the case was referred by the Minister; Member of Parliament or the Presidency it shouldibe regarded as a priority and should be dealt with by senior members and progress shouid be provided within 2 weeks of registration to the reporting member where after the normal reporting periods as per active and completed investigatiens will be applicabte; 8.2.4 Whenever the Casezl-ias Been Completed: Progress notification .-to complainant! victim! next of kin! referral authority! National Of?ce and relevant stakeholders should be forwarded quarterly {90 days) or when there is a change in the progress of the case; 8.2.5 Whenever the Case is Prepareleeady for Closure: Progress notification should be forwarded to complainant! victim! next of kin! referral authority! National Oftice and relevant stakeholders indicating that the case is to be closed and also indicate the outcome of the investigation! court process! disciplinary process; 26 OPERATING PROCEDURES-E RELATING TO AND FIR ENDEPENDENT POLICE DIRECTORATE ED initial: if Con?dont-ial* 8.2.6 Communication Received: Communication that; has a bearing in the investigation must be scanned and uploaded onto the CMS and the original ?led in the clip of the docket; 8.3 General Guidelines Relating to Case Investigative Reports (CIR) and Resulting Recommendations andlor Referrals Leading to Completion as well as Closure Reports I NO GENERAL GUIDELINES. 8.3.1 All registered cases {can only be completed if an Case investigative Report (CIR) (or a preliminary report for Section 28(1)(c} matters if applicable) and referrals! reports! recommendation(s) has been generated indicating what investigative activities have been done in order to reach the completion stage; Note that no recommendation or referral (excluding inguests and rape matters} can be made when the susp?ects_a_tre unknown. Where suspects are unknown after a thorough investigation the case should be closed as ?Undetected {SuSpect canncigei ident?ifiedl? All referrals! recommendations must be sent to the relevant stakeholder; 8.3.2 All ClR(s) and referrals:l reports! recommendati.on(s) will be generated outside the EMS and signed copies will be uploaded onto the system at the appropriate activity; Only the ?nal investigative referral! report;l recommendation needs to be uploaded unto the-system as statistical proof of completion and needs to be uploaded within days after the physical document has been signed by Provincial Management. The date on which it was signed will be captured when the case is uploaded and the signature date will be the statistical completion date; The date that shoui?d be attached on the report when signed by respective officials designated on the is the date on which the was manually reviewed and this date should reflecton the I 2? INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE ED Initial: 4? Con?dential* Con?dentia1** 8.3.3 All ClR?s are internal reports; The CIR needs onhjr to be signed by the investigator and Provincial Management as an indication of the investigative activities undertaken and the result of hisiher investigation. Based on the CIR, the investigator wili request their Provincial Management Group to approvefdisapprove ithe referraisf reportsi? recommendation(s} which can be made or should be generated; 8.3.4 All referrals! reportsl recommendation(s) emanating from the are externai reports and are to be sent to stakeholders if applicable. The referralsir reports.f recommendation(s)} needs to be signed by the investigator, and Provincial Management in the case of a Provincial investigation and by the investigator and the NHI andior EC in the case of a National Investigation; 8.3.5 Closure reports are a culmination of the entire investigation process and needs to be completed whenever; the investigation has a outcome. This report is brief summary of the case and includes all outcomes and needs to be completed before the case can be closed; 8.4 Procedure for the Registration of Cases NO PROCEDURE 8.4.1 An investigator or investigative Support must immediately upon receipt of a case in writing, screen the case to determine whether or not it falls within the mandate of the [Reg A "case in writing" includes any formal communication from SAPSIMPS and includes a ?shooting report" as well as a signed "crime scene report?. All written be stamped with a receipt date and time. in the event that the written complaint is received outside normal working hours. the first available working days? date wiil be regarded as the date of receipt and the case will be registered and allocated as per normal registration procedures (case registered and aiiocated within timefrarnes); 28 INDEPENDENT POL-ICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING RELATING TO INVESTIGATIONS AND FIREA an initial: 43" Where a case was teceived and could not be registered on the CMS due to technical challenges, a Manthal Registration Number should be generated and the case continues with the confirmation and allocation process. entries shouid record all activities undertaken and instructions issued. Once the CMS is available, the case should be registered and the original date of receipt as per the physical document used as well as the manual confirmation and allocation process should be captured. I The CMS must record the manual dates on which the activities were undertaken in order to confirm the compliance with periods for registration and ailocation. A written complaint must be uploaded onto the CMS as well as the crime scene form (where applicablelavailable). For the purposes of uploading scanned documents, all scanned documents must be scanned at least ZDUdpi; This should be uploaded on the electronic case activity which is an exact electronic version of the docket; 8.4.2 lf the case falls within the mandate of the into, the Investigator! investigative Support must record the case on the 8.4.3 If a case falls outside the mandate of the lPlD, the lnvestigatonr Investigative support must record it in the OMS as an Outside Mandate case and refer it to the Chi? for confirmation; in the event that the (310 confirms it as an Outside Mandate matter, a referral letter must be drafted to the sender of the complaint and a copy uploaded unto the Refer to definition of cases deemed to be Outside mandate. 8.4.4 The classi?cation is provisionally con?rmed by the the OK: and must also update the allocation details: on the CMS by identifying who the investigator responsible will be as well as the relevant Supervisor; The CIC must also give provisional directives to the investigating of?cer and also indicate the next date the docket must be submitted for inspection to the Supervisor {Brought Forward); The CIC must ensure that the written comptaint as well as the crime scene form 29 OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE POLICE INVESTIGATIVE DIRECTORATE ED Initial: "?Con?dential"c (where applicable) is uploaded onto the CMS and ?led in the docket. The CEO must also confirm that the complaint details including date and time received was captured correctly on the CMS. 8.4.5 The identified Investigator to whom the case is allocated must generate and print the acknowledgement letter and send it to the complainantivictimireferral authority via the requested method, Fig. SMSIemaiif fax facilities or telephohicallv and thereafter record it on the I 8.4.6 Deviation to the ?giovementioned Process: Section 23i1lfg) Matters: Where a complaint is made but no docket has been opened, should conduct an investigation based on the written complaint received and registered in the CMS. Upon obtaining sufficient information, IPID should engage the NPA for a decision as to open a criminal casegor not as well as possible criminal prosecution. it the complainant interested in opening a criminal case after engagements the case should be closed as "Undetectedl'Complaingpt Sect_i_on 23min) Matters: Upon receiving a case that could possibly be registered and investigated in terms of Section written approval from the ED must be obtained for permission to register such a case. Where a case is received relating to a possible ?death as a result of police action" and there is uncertainty .whether a member was on duty or not, the province shoutd evaluate the merits of the case and where in doubt whether it conforms with the definition as stated in 5.23 above, refer a request with motivation on whether the case should be registered andror investigated as a Section 28(1)(b) or matter. This is done by mearis of a memorandum and completed template drafted to the ED via the office of the will with a brief discussion of the merits to the request as well as all supporting documentation; 3D OPERATING PROCEDURES RELATING TO AND FIRE INDEPENDENT POEICE DIRECTORATE STANDARD ff ED initial: *Con?dentiai? Con?dential'* Upon receipt of such a request. the will review the request and forward to the ED for a decision to grant! decline the request; in the event that the?request is approved, the said case can be registered as a Section 28(1)(h) matter withithe approval letter granting the registration is to be upioaded as the ?complaint" on the CMS. The date the provincial office receives this approvai form the office of the EDEwiil be regarded as the date of receipt of the complaint. For the purposes of uploading scanned documents. at! scanned documents must be scanned at least 2Ddei; In the event approvat is not granted, the case may not be registered as a Section 28(1)(h} matter and must be dealt with as per the instruction of the ED. The date the feedback is received from the ED should be regarded by the province as the "date received?; Sectiong?Q} Matters: Upon identification of a case of possible systemic corruption, where the case has not been registered on the EMS, obtain written approval from the NHI for permission to register such a case;E This is done by means of a memorandum drafted to the with a brief discussion of the merits leading to the request, supporting documentation and estimated timelines reiating to the investigation; Upon receipt of such?a request, the NHI will grant! decline the request; in the event that the request is approved, the said case can be registered as a Section 28(2) rnatter with the: approval Fetter granting the registration is to be uploaded as the ?complaint? on the EMS. For the purposes of uploading scanned documents, all scanned documents must be scanned at least 200dpi; in the event approval?is not granted, the case may not be registered as a Section 28(2) matter and must be dealt with as per the instruction of the NHL The date the feedback is received from the should be regarded by the province as the ?date received": 31 POLICE DIRECTORATE STANDARD {2f OPERATING PROCEDURES RELATING TO AND FIRE ED Initial: *Con?dential? Con?dentia1* 8.5. Procedure for the investigation of a Case Note that the following generic principles will be applicable to all cases investigated as indicated in the lPlDiRegulations: Regulation Deals With: Focuses On: 3 Receiving. registering, Communication after registration Acknowledgement referrat and disposal of and referral must be done within 7 days complaints 4 Deaths in custodyi or as a Reg. at scene result of action Reg. 4(4) Possible arrest of member at scene Reg. 4(5) Complete investigation within so days or give reasons Reg. 4(8) Late notifications by SAPSIMPS in terms of death related cases 5 Investigation of criminal Reg. 5(2}(a read with Duties in terms of matters - rape related cases Reg. read with Duties in terms of corruption cases Reg. read with Duties in terms of torture related cases 6 Investigation of discharge of Reg. 6(3) Must conduct preliminary investigation. official firearms not exceeding 30 days, to estabiish it full investigation is warranted Reg. 6(4) - Duties in terms of discharge complaint inves?ga?on Reg. 6(5) Complete investigation within 90 days or give reasons 3" Investigation of referred Reg. Matters not dealt with in terms of Reg. matters - 4 or 5 Executive Director or Provincial Head can give directions as to investigations. 32 OPERATING PROCEDURES RELATING TO ENVESTIGATIONS AND FIRE INDEPENDENT POLICE DIRECTORATE STAN OW ED Initial: *Con?dential?l? 8.6 Notifications to 1910 NO PROCEDURE 8.6.1 An Investigator on standby:r caii (being automatically authorised to attend crime scenes) must immediateiy upon receiving a telephonic notification of a death or any reievant crime scene, notifyr the Provincial Management and attend the crime scene as soon as it is practicably possible to do so; The said member must record the Standby Noti?cation Reference Number given to the reporting member; In the event that a crime scene cannot be attended, permission for the non- attendance of the crime scene must be obtained from the Provincial Management and seasons must be noted in the CIJ as wet] as the on 8.6.2 Obtain and record an relevant information regarding the Iocation of the crime scene, the time that the noti?cation was made. the SAPSIMPS member reporting the incident on applicable IPID crime scene form; Arrival at the Crime Scene and Cooperation with SAPSIMPS Member in Charge of Crime Scene Read vvith Regulation 3 NO PROCEDURE 8.11 In the event that the? crime scene will be attended, advise the MPS member in charge, to preserve the crime scene and to keep it intact until the IPID Investigator on standby.I call, arrives: at the crime scene; 8.12 introduce himselfiherseif by production of a valid lPiD appointment certi?cate to the MP8 member in charge of the crime scene and take over the scene; 8.7.3 Receive a briefing on what transpired at the crime scene from 8.7.4 Record observations; made at the scene; 83225 Record the particulars of victim(s}; 8.7.6 Ensure that all vital clues and forensic evidence have been marked and photographed in their original position by the Locai Criminal Record Centre 8.7.7 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 33 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIREA ED Initial: *'*'Confidcntial* in a designated evidence bag and that the serial number is recorded in fuli in the form; ensure that the exhibits are booked in with the see 13 at the Police Station within that jurisdiction; 8.7.8 The Investigator mast submit a detailed statement mentioning that the exhibits were handed to the FSL br LCRC member intact in a seated bag. The statement must be attached in clip er the docket. During investigations the investigator must obtain a detailed statement of the FSL or LCRC member to 'iwhorn the evidence was handed. (for the purpose of chain statement); 8.7.9 identify all witnesses to the crime and obtain their particulars for interview as soon as it is practicaiiv possibie; 8.7210 Obtain particulars ofithe members involved for future interviews; 83.1 1 Compiete the applicable sections on the lPiD crime scene form. with all the required crime scene information (This inciudes obtaining the signature of the SAPS member in charge at the scene); 8.8 Post?Scene Investigation no PROCEDURE 8.8.1 Ensure that the exhibits (obtained by investigator) are booked in the SAP 13 and booked out before it is sent to the Forensic Science Laboratory for processing within 2?2 hours; 8.8.2 Where is investigating any firearm-related offence (Deaths or Compiaints of Discharges), obtain the reievant permit allowing the MP8 memberis) involved to handle and use the firearm in question as well as a report reiating to when last the said member was practically trained and evaluated! tested for the handle and use of the said firearm; 8.8.3 Upon receiving exhibits back from the the exhibits need to be returned to the Poiice Station for it tit be booked back into the see 13; 8.8.4 Visit all the identified: witnesses to conduct interviews and obtain statements; 8.8.5 Estabiish the identitti of the person who allegedly committed the offence and obtain a warning statement; 8.8.6 in case of a death-related scene, visit the next of kin (where possible} to notify them of the incident and your rote as an iPlD investigator; and interview them to obtain any 34 OPERATING PROCEDURESERELATING TO ENVESTIGATIONS AND FIRE 3 INDEPENDENT JNVESTIGATIVE STANDARD QT ED initial: *?Con?dentiai** information that may assist in the investigation; 8.8.7 Once case has been registered on the CMS, confirmed and aiiocated, the member who attended the peace (and completed the IPID form) must scan and upload the crime scene form-Eat the Electronic case activity on the CMS (if it has not been uploaded during registration). For the purposes of uploading scanned documents, ait scanned documents must be scanned at least ZOdei. in the event that the document still has outstanding information that needs to be captured, it shouldjbe completed during the investigation and a completed document must be scanned and uploaded; 8.8.8 Where a crime scene needs to be reconstructed, permission shouid be obtained from Provincial Management in writing so as to justify the costs. 8.9 Post Mortem NO PROCEDURE 8.9.1 Attend Post Morternion the date, time and place identified for purposes of observing the conducting of the post modem; in the event the Post Mortem cannot be attended an entry must be made why the Post Modern could not be attended and the Provincial Management must be informed; 8.9.2 Advise the pathologist of any investigations you would like to concentrate on; 8.9.3 Ensure the LCRC is present at the Post Mortem and that photos of the Post Modem is taken (if required}; I 8.9.4 Ensure that all vital c?iues and forensic evidence have been marked and photographed in their original position by the 8.9.5 inform the pathologist of observations made at the crime. scene and in the event of any inconsistencies with their (pathologists) findings or, where there is disagreement with the Pathologist report, this should be brought under the attention of the Investigators? Supervisor; 8.9.5 The IPID members? attendance of the Post Mortem must be verified by any person at the venue where the Post Modern took piece by means of such person's name and signature on the relevant form. 35 OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIR INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE 3 ED Initial: *Con?dcntial?f 8.10 Further Investigation: Active investigations NO PROCEDURE 8.10.1 Upon receipt of the docket, assess evidence contained in the docket, conduct outstanding investigations as. per directive(s); Where, upon obtaining the docket, statements and investigations were done by the SAPS, the accuracy-: and correctness of these statements taken by SAPS needs to be con?rmed by the iP-lD investigator by interviewing and obtaining statements from the personls) identified.E An investigators statement needs to be attached in the docket where the witness does not want to depose a further statement; 8.10.2 Where resources are utilised from multiple offices, such as in a National Levei investigation, the jurisdiction will remain within the province where the matter arose, but custodianship and supervision will reside with the hit-ll who will estabiish Task Teams and Terms of Reference as wait .as reporting structure if required; 8.10.3 All dockets should be inspected as per the indicated by the Supervisor. Upon inspection of the docket, the inspecting of?cial must evaluate the compiiance with the instruction issued and give guidance to the Investigator as to outstanding aspects. Generic instructions such as: i. "Docket perused? ii. "Docket seen.? ?Continue with investigation" iv. "Obtain outstanding statements" should not be used; 8.10.4 Update the CMS and share drive and Upload all evidence collected in the docket on the Electronic case activity. All evidence that is to be Uploaded onto the CMS must also be stored on an investigative share drive as an electronic backup in the event of a CMS failure. Ail scanned documents must be scanned and saved as a comprehensive electronic file and made up of the docket cover, and clips. For the purposes oflupioading scanned documents, scanned documents must be scanned at least ZDOdpi; Confirmation as to the completeness of information on system and share drive 36 OPERATING PROCEDURES RELATING TO AND FIRE INDEPENDENT POLICE mvesneanvs DIRECTORATE STANDW 23' ED initial: *Con?dentiai?i must be verified with every inspection by the supervisor; 8.10.5 Compile a case investigative report indicating what has been done relating to the inves?ganon; Forward the report to Provincial Management and suggest what method of completion would be recommended relating to methods mentioned below. In the event that the Provincial Management does not agree with the proposed method of completion, the case must route back to the investigator to attend to the queries raised by the Provincial Management. Provincial Management wili make a determination on the CMS as to which reports should be generated; based on the case investigative report submitted. 1. Decision?Ready investigation (Criminal Referrai) 2. Decision-Ready Investigation (Departmental Recommendation) 3. Decision-Ready Investigation (Policy Recommendation) 4. Decision-Ready Investigation (Generai Recommendation) 5. Duplicate (no statistical performance data generated) 8. Outside mandate (no statistical performance data generated} The Investigator who dealt with the investigation may also indicate if the case needs to be reclassified or if the original ciassification is still applicable; All cases may be reclassified by means of the relevant reclassification activity on the CMS. Reclassi?cation may on be approved by Provincial Management but can be initiated by any of?cial. Reclassi?cation to Outside Mandate is not allowed once the case has reached the status of ?Decision Ready? and no statistical performance data will be generated on :the case. if the ciassi?cation is to be changed a short reason should indicate the reason for the change; Oniy one request to make a change of classification will be aliowed; There wili be a hierarchy in terms of which cases will be deemed ?decision ready" and will be: I 1. Decision-Ready Investigation (Criminal Referral-i) 37 INDEPENDENT POLICE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIR 3 ED Initial: Decision-Ready investigation {Departmental Recommendation) Decision-Ready Investigation (Policy Recommendation) Decision-Ready Investigation {General Recommendation} ?upiicate (no statistical performance data generated) err-newer Outside mandate {no statistical performance data generated) These types of reports should be seen in a hierarchical form meaning that the highest form of report will be; the report that changes the case status. A Criminal Referral report that is approved will change the case status from ?Active" to "Decision-Ready"; A Departmental Recommendation report that is approved and referred wiil not change the case status frordi'?ctive? to ?Decision-Ready". The status will remain ?Active" until such time a Criminal Referral is approved (if able to generate such a report based on recommendation as: to completion method given to Provinciai Management and approved by Provincial Management}; A Policy Recommendation report that is approved and referred will not change the case status from ?Active" to ?Decision-Ready". The status will remain "Active? until such time a determination is made that a Criminal Referral or Departmental Recommendation is; approved (if able to generate such a report based on recommendation as to completion method given to Provincial Management and approved by Provincial Management); A General Recommendation report that is approved will change the case status from ?Active" to "DecisiontReadv" and there be no need to indicate that no Criminal Referral can be made; If after requesting a particular completion method and it is established that the requestedtapproved method is incorrect the 110 may request that the completion method be changed.fThis change should be reviewed and approved by the relevant Provincial Management. This change request is only allowed white the case status is still "active"; 5 Note: 33 OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE INDEPENDENT POEICE INVESTIGATIVE DIRECTORATE STANDARD 421/? ED Initiai: Con?dentia1* Any unnatural death must still be referred to the DPP for a decision unless it was found that there was no MP8 involvement in which case the case can be completed with the above-mentioned process and the case be referred back to SAPS for further investigation; Where a rape in police custody is being investigated [Section and it is found that the suspect is not a MPS member, the investigator should still ascertain the reason{s) that could have contributed to the rape in custody and make the appropriate recommendation by making copies of the SAPS docket and continuing with their investigation focussing on the departmental aspects; 3.10.6 The Referral! Recommendation report is sent to a Supervisor for review and electronic approval of report. The supervisor completes the "Quality Control FormiDocket Checklist" and verifies that the investigation is a quality investigation; The Supervisor must; action the activity within 5 working days after being sent to them. In the event that the. activity is not actioned within 5 days the system will inform the Provincial Management that the activity has not been actioned within the allocated time during which the activity may be routed to an avaiiabte supervisor for actioning. If an actioned activity is not completedf submitted within 10 working days, the matter will be escalated to the Provincial Management for their intervention; 8.10.7 Refer to the Provincial Management to approve investigation and as welt as the final post investigation classification. The Provincial Management verifies the "Quality Control FormeocketQ Checklist" and confirms that the investigation complies with a quality investigation; The Provincial Management must action the activity within 5 working days after being sent to them. In the event that the activity is not actioned within 5 days the system wiiI inform the other members of the Provincial Management group that the activity has not been actioned within :the allocated time during which the activity may be routed to an available manager foi actioning. if an actioned activity is not completed! submitted within 10 working days, the matter will be escalated to National Office for their record; 8.10.8 Upon manual approval of relevant report by the Provincial Management: 39 POLICE DIRECTORATE STANDARD OPERATENG PROCEDURES RELATING TO INVESTIGATIONS AND FIRE ED initial: all? ?it Con?dential? Con?dent.ial* The Provincial Management must on the ?Approve activity" indicate the date on which the report was manually approved and upload the signed copy of the report at the relevant activity. The period between-the manual completion and submitting the activity may not exceed 10 working days. I The investigator must forward and obtain acknowledgement of receipt of the referral! recommendation to the relevant stakeholder within 30 days which includes weekends and public hoiidaysi This includes cases that are completed based on policy and General completion. The referral! recommendation as weii as the acknowledgement must be scanned and forwarded to retevant section monitoring compliance on a weekly basis with a last date of stakeholder acknowledgement being the 25?h of each month. Between the 251? and the 15? working day of the next month, the province must consolidate, verify and confirm the number and classi?cation of the recommendationsil referrals forwarded to the stakeholders with the stakeholder. This also includes all feedback and outcomes received from the stakehoider. All referrals! recommendations that has been sent and acknowledged {and confirmed on a provincial level with all stakeholders) must be received by the monitoring section by the 15? working day of the month. Thus everything sent to the Compliance Monitoring section by the 15? working day of the month will be acknowledged by the stakehoider within the same month of reporting forwarded it to Nationai Office. This includes the relevant register indicating that what has been submitted. The scanned recommendations and register must correlate in terms of documents submitted and acknowledged. These electronic scans to National Office must be of an acceptable quality as to be able to verify details required such as date stamp details. signatures, dates on reports and should be at minimum scan duality of 200dpi; 40 OPERATING PROCEDURES RELATING TO ENVESTIGATEONS AND ENDEPENDENT ENVESTIGATIVE DIRECTORATE STANDW 63.! ED Initial: *Con?dential* Con?dential? Where a case was completed and no feedbackioutcome is expected (no recommendation nor criminal referral was made), the case must be prepared for closure after submitting the report to. the stakeholder and obtaining. proof of submission; 3.10.9 in the event that the; SAPSI MP3 member is arrested at the scene and the member{s) appears before couiit. it will be recorded as such on the CMS during registration and when confirmed by the and the case wilt be deemed Decision Ready investigation (Criminal Referral); All instructions and: court dates will be recorded and the PDM process discussed below wilt be applicable; When a suspect is arrested at any stage after the case has been registered and no CIR or referral has been generated. the retevant activity must be actioned to indicate such and after approval the case wilt be "decision ready". Proof of the arrest (warrant that was executed) deeds to be uploaded; 3.10.10 Deviation to the Abovementioned Process: section 28min) Matters: All Section must have a preliminary investigation, which may not exceed 30 days, in order to establish if the matter warrants a full investigation as per Regulation The preliminary investigation template and report should be used to complete the case if the case is to be completed under General Completion (where a full investigation is not warranted) but if the matter is to be completed by means of a felt investigation, the preliminary report would not be required {preliminary report will be replaced with a comprehensive CIR): National Level Investigations: When cases are investigated at a National Level, the following shall apply: The task team leader (person to whom the docket! case is allocated) needs to ensure that the information gathered during the investigation scanned, stored on the share 4] INDEPENDENT POLICE ENVESTIGATNE DIRECTORATE STANDA OPERATING PROCEDURE-S RELATING TO AND FIRE 3 ED Initial: 52/ Ceit?dcntial* Con?dential? drive and is upioadeid onto the Where the investigation is of a National Level, the reporting route in order to obtain completion will be: Investigator 3 . Identi?ed supervisor as per instruction (Sopervisor review approve) - (Management review approve) - ED (Management review approve) 8.10.11 Where a suspect rebeived a criminal conviction that will lead to their dismissal (direct imprisonment) but their departmental sanction was not a dismissal sanction, must inform the SAPSIMPS about the criminal sanction; 8.10.12 Where iPlD is not "3 in agreement with the departmental sanction, based on the seriousness of the charge, should request MP8 to send the departmental case for review. On receipt of a departmentai outcome, the Provincial Management must indicate on said feedback are satisfied with the outcomeis'anction prior to sending it scanned copy to National Office (applicabie monitoring section). 8.11 Further Investigation: PDM Cases: Once the referral! recommendation has been sent to the relevant stakeholder (NPA, SAPS or MP8) the foiiowing process will apply: NO PROCEDURE . 8.11.1 Criminal PDM Process: i. Upon receipt of the feedback of the referral to the NPA, update the CMS and attend to any outstanding enquiries andfor directives; ii. All queries and BtF?s given by the NPA should be recorded on the CMS (also refer to 8.10.3fabove); All dockets where the NPA has given a BIF must be submitted to the Provincial 42 INDEPENDENT INVESTIGATIVE STANDARD PROCEDURES RELATING TO AND FIRE 5 ED Initial: Con?dential* Management group andi'or Supervisor five (5) days before the docket must be submitted tothe NPA for inspection and compliance with the NPA directives. iv. Upon receipt of the decision for the NPA, the cuts should be updated and based on the: decision the case will be regarded as ready for court, or ready for disposali'closure if appiicable; v. Once the case has been to court and is on the court roll, update the CMS with appearance dates and every subsequent appearance date until such time the case is concluded in court; vi. Upon receipt?: of an outcome after the case had gone to court, update the CMS with the outcome within fourteen (14) days after receiving the outcome, draft a closure report and refer the case to the Provinciai Management for ciosure; vii. Within 14 days of the-case being ready for ciosure after outcome captured as above, Provincial Management must ensure that the case is closed, Any case which has been closed as ?undetected" can be re-opene?d upon obtaining new evidence which will enable iPiD to make a recommendation to SAPS or refer a case to the NPA for decision; ix. These cases be reported on statistically as ?re?opened? cases in order for it not to effect previousiy generated statistical data; 8.11.2 Departmental PDM Process: i. Upon receipt of the feedback of the recommendation, update the ii. Upon receiptgof an outcome after the case had been through the disciplinary process, update the CMS with the outcome within fourteen (14) days after receiving the outcome. 8.12 Special Attention Relating to each ocee Classification: 8.12.1 Deaths in Custody or As a Resuit of Police Action: section 23mm) or of Act Read with Regulation 4 and a - Recording notifications - Attending scenes 43 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE 5 ED initial: Con?dentiel* Safety on scene I LCRC . Firearm proficiency of SAPSIMPS members It Evidence collected and recorded in CM . Attending post mortem - LCRC . Evidence collected and recorded in CIJ . Communication with stakeholders 7 days after registration 0 90 days whilst investigation cn-going 90 days after case status has changed to decision ready . Completion and uploading of relevant EPID forms 8.12.2 Complaints of a Discharge of an Official Firearm: Section 23mm of Act Read with Regulation 6 - Determine has been provided with a complaint of a discharge or a notification of- a discharge? . Firearm proficiency of SAPSIMPS member(s) . Prelim reportias to investigation-and does it merit a full investigation. 8.12.3 Complaints Relating to anyr Rape Matter: Section Act Read with Regulation 5 - Medical practitioner . J88 and sexual assault kit - Evidence collected and recorded in cu Statement of person to which rape was first reported to . Compliance with Criminal Law (Forensic Procedures) Amendment Act 37' of 2013 and its Regulations. 3.12.4 Complaints Relating to any Assa-uithorture Matter: Section 28(1}(f} of act Read with Regulation 5 Preserve crime scene if possible and attend scene I Medical practitioner J88 . Blood samples (where applicable) .. Torture-related cases . Evidence collected and recorded in CIJ. 8.12.5 Compiaints Relating to any Corruption Matter: 44 INDEPENDENT POLICE ENVESTIGATIVE DIRECTORATE STANDARD er OPERATING PROCEDURES RELATING TO AND FIRE ED initial: ?*Con?dentiai?i?i?i? Section 28(1}(g) of??Act Read with Regulation 5: - Above 108 000 ensure compliance with Section 34(1) and 34(3}(a) of the Prevention and Combating of Corrupt Activities Act. Procedure for the Investigation of Section 28(2) Cases Where the Case has 8.13 Initially Been Registered under Another Classification N0 PROCEDURE . 8.13.1 Upon identi?cation of a case of possible systemic corruption where the case was not registered as a systemic corruption case, write a report. and submit said report as per the CMS activity reguesting that the case be reclassi?ed as a systemic corruption investigation to reflect as such on completion. The request along with the signed and scanned report is fonvarded to the Ni-ll; 8.13.2 If approval is granted by the NHI, the response is forwarded and acknowledged to the respective provincef The case can then be completed as a systemic corruption investigation (through reclassification) once the case is ready to be completed; No case can be reclassified as a Section 28(2) matter without approval by the 8.13.3 irrespective if the case has already been registered or not and approval is not granted continue with the case as directed by 8.13.4 Where no docket is opened, ensure that the case docket is opened if applicable; 8.13.5 Follow Further investigation: Active investigations process, as indicated as per par 8.10 above. in termsjof completion the case. 8.14 Procedures Relating to Identi?cation Parades, Taking of Affidavits, Giving Evidence, Production 3of Documents and Submission of Information and Cooperation by Police NO PROCEDURE 8.14.1 This is to be dealt with in terms of Reguiation 9; 8.14.2 The procedures relating to the arrangement and holding of identi?cation parades, the taking of affidavits or. the production of documents in the possession or under control of the SAPS or which have a bearing on the matter being investigated and the submission of any other information or documentation required for investigation purposes must be conducted in accordance with the relevant procedures applicable to 45 OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD 3 (?zzy ED initial: Mr members of the sassrues; 8.14.3 A member of may require written reasons for failure by a member of to comply with the above-mentioned request for cooperation and may make recommendations to the NHI or relevant Provincial Head regarding disciplinary measures to be take-En against the said; offending member. 8.15 Procedure for Electronic Archiving of investigative Documentation at Closure of the Case PROCEDURE FORZARCHIVING 0F DOCKETS 8.15.1 At the time the case; is ready for closure, investigative support must conduct a docket vs CMS comparison-f to establish if the entire case is uploaded onto the CMS and give feedback to the HO if_ anything is outstanding; 8.15.2 Provincial Management must confirm that the entire content of the docket has been uploaded unto the GEMS by means of a journal entry before the docket can be returned to sass; 8.18 Procedure for Obtaining and Returning SAPS Dockets PROCEDURE FOR SAPS DOCKETS 8.18.1 Request docket from the Provincial! Station! Branch Commander; 8.16.2 Ensure that the Provincial! Station! Branch Commander transfers the docket on the GAS system and records on the register in accordance with the provision of the SAPS Standing Operating Procedure (SOP) dated 8.18.3 Make an OB Entry to confirm receipt of docket from the station and member concerned; I 8.16.4 Record the transaction on the iPiD manual docket register; 8.16.5 On arrival at the of?ce ensure that the information on the CMS is updated; FOR RETURNING SAPS DOCKETS 8.18.6 Before any docket can be returned; it must be confirmed that the entire content of the docket has been uploaded unto the CMS as per 18.5.2 above; When returning the docket ensure that the Provincial! Station! Branch Commander transfers. the docket on the GAS system and records in the register in accordance with 46 OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE INVESTIGATIVE DIRECTORATE STANDARD ED initial: Con?dential* Cen?dentia1* the provisions of the SAPS Standing Operating Procedure (SOP) dated 20lt1i200i'; 8.16.? Make an 08 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; 8.16.8 Record the transaction on the manual docket register; 8.16.9 On arrival at the office ensure that the information on the CMS is updated; 8.18.10 Any other provincial arrangements may be made as to the logistical arrangements regarding obtaining and returning of dockets as the case may be. These arrangements should be documented and signed by the relevant Provincial Management and counterpart. 8.1? Arrests by IPID (Read with ED Directive 18 of 2014} N0 PROCEDURE 8.111 In case of the possibility of arrest an lnvestigator should preferably obtain a warrant of arrest. in the event of an arrest without a warrant, the investigator must consult with the Provincial Management before effecting the arrest. in theevent that the Provincial Management is unsdre as to arrest, Legal Services must be consulted; in high profile cases the ED, NHI and Provincial Management should always be consulted and informed prior to the arrest; 8.112 The EH of MP8, the Station Commander as well as the Provincial Commissioner of SAPS must be informed within 24 hours after the arrest has been affected and the National commissioner must be informed of any arrest of any General; 8.18 DNA - Forensic Samples NO PROCEDURE 8.18.1 In any case where ?any ?buccal sample" may be required, only officials authorised to do sis in terms of the Criminal Law (Forensic Procedures) Amendment Act 3? of 2013 and its Regulations may take the samples; 8.18.2 Where IPID officials -.are not allowed to take said (DNA related) sample, helshe should ensure that the samplets) are taken by an qualified medical practitioner as indicated in the said Act; 8.18.3 Once samples are collected ensure delivery of the samples to the relevant INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD PROCEDURES To INVESTIGATIONS AND FIREM oar ED Initial: Con?dential* laboratory for analysis of same; 3.13.4 Record all activities undertaken on cuts. 8.19 Conflict of interest NO PROCEDURE in the case where the Investigator has an actuai or perceived conflict of interest in the case that they are investigating, the Conflict of interest form must be completed; 8.19.2 Upon completion of the said form, it must be escalated to the Investigator?s immediate Supervisor for an evaluation; 8.19.3 The matter must be ieferred to the Provincial Management for final decision; 8.19.4 Whilst the declaration is under consideration, the effected Investigator may not continue with the investigation in question and should hand in all relevant case material to their Supervisor; 8.19.5 In the event it is foilnd that there is a conflict of interest, the case will be re- allocated to an investigator who is not conflicted; 8.19.8 All applications, communication and decisions relating to the conflict of interest declaration will be done in writing. 8.28 tnvestigators? Security N0 PROCEDURE 8.20.1 in the case where the Investigator is threatened in any way during the execution of their duties, the following steps must be taken: 8.20.2 The affectedi'threatened Investigator immediately reports the to their Provincial Management; 8.28.3 The day following the threat (or as soon as ?reasonably possible}, the affected member will draft a reportirnemorandum to the said Provincial Management who in turn will escalate itjr?natter to the 8.29.4 The will after consultation, respond to the Provinciai Management and indicate the most appropriate way to proceed in the regard; 8.28.5 Possible responses to the threat could include (but is not limited to): 43 POLICE lavesrreATIvE DIRECTORATE STANDARD opeenrmc PROCEDURES RELATING TO INVESTIGATIONS AND an initial: 4r **Con?dential* Con?dential i. Activation of; members to assist with investigation of threat and protection oflthe Investigator; ii. Instructions to open criminal dockets Instructions that case(s) should be handed over to another investigator within the province; iv. Instructions that casets) should be handed over to the provincial NSIT investigator within the province. 9. 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. 1D. DELEGATION 10.1 Provincial Heads and Director Investigations shoutd under no circumstances delegate their fanctions, in terms of this SOP, on a permanent basis to another member of hisfher staff. 10.2 The Executive Director delegates authority to the Provincial HeadiDtrector Investigation relating to matters of conflict of interest. 11. 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. 12. REVISION This SOP shall be revised as and when a need arises. When there is revision or amendment to the - oniy the affected parti'paragraph will be amended and communication will be sent to the Provinciai Management with instructions as to the dissemination of information and the date as from which the change will take effect. 49 5 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURES TO INVESTIGATIONS AND FIR HMS an Initial: 52/ Con?deutia1* LIST OF ATTACHED ANNEXURES 13. 13.1 Acknowledgement communication; 13.2 Progress communication; 13.3 Closure communication; 13.4 Section 28(1)(h) request for decision; 13.5 iPlD Crime scene report; 13.6 Pretiminary repfort template; 13.? Case investigative Report template; 13.8 Departmental Recommendation template; 13.9 Criminal Referral template; 13.10 Declaration of Interest Reporting Form; 13.11 Manual registrationicomplaints register; 13.12 Closure report-template; 13.13 Archiving template; 13.14 Standby Notification Reference Number register; 13.15 Quality Control'iFormeocket Checklist; 13.1 6 Docket movement register; 13.1 7' Brought Forward register; 13.18 General Recommendation template; 13.19 Policy Recommendation template; Part B: 50 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE ED Initial: Con?dential* 5 Part B: Table of Content: Firearm Related SDPS Contents 1. PREAMBLEIBACKGROUND 53 2. PURPOSE 53 3. POLICY 53 4. DEFINITEONS 54 5. SCOPE OF THIS SOP 56 6. DUTIES AND RESPONSIEILITIES 56 6.1. THE ED SHALL BE RESPONSIBLE FOR: 56 6.2 THE PROGRAMME 2 MANAGERINATIONAL HEAD OF INVESTIGATIONS SHALL BE RESPONSIBLE FOR 5? 5.3. THE PROVINCIAL MANAOEMENT SHALL BE RESPONSIBLE FOR: 53 6.4 THE RP SHALL BE RESPONSIBLE FOR: 59 5.5 THE SECURITY MARAEEMEHT IS RESPONSIBLE FOR: an 6.6 THE IPID INVESTIGATORS I CASE WORKERS SHALL BE RESPONSIBLE FOR: 61 T. ISSUING OF A PIREARM.AMMUNITION AND RELATED EQUIPMENT 61 3. RETURNING OF A FIREARM, AMMUNITION AND RELATED EQUIPMENT 63 S. TRAINING IN RESPECT: OF FIREARMS 64 1D. 65 10.1.1 APPLICATION TO BE ISSUED WITH A PERMIT TO POSSESS AND HANDLE AN IPID FIREARM, AMMUNITION AND RELATED EQUIPMENT 65 5] OPERATING PROCEDURES RELATING TO INVEETIGATIONS AND FIR INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANWO MS ED Initial: 5N *COH?dEIltial* 10.1.2 APPLICATION TO BE ISSUED A TEMPORARY PERMIT TO POSSESS AND HANDLE AN IPID FIREARM, AMMUNITION AND RELATED 66 10.1.3 RENEWAL OF VALID FIXED FIREARM PERMIT THAT HAS BEEN ISSUED TO AN IPID OFFICIAL AND THE OFFICIAL HAS ATTENDED AN ANNUAL PROFICTENCY SHOOT f. 67 10.2 REQUEST TO BE ISSUED WITH A EPID FIREARM, AMMUNITION AND RELATED EQUIPMENT AND THE RETURN OF THE EQUIPMENT 68 10.3 RETURN OF A IPID FIREARM, AMMUNITION AND RELATED EQUIPMENT 68 10.4 DISCREPANCIES IDENTIFIED WITH ANY IPID TSSUED EQUIPMENT 68 10.5 ISSUING OF FIREARM, AMMUNITION AND RELATED EQUIPMENT FOR TASK TEAM DUTIES . 119 11. THE CARRY AND USE OF OFFICIAL FIREARMS, AMMUNITION AND RELATED 59 12. AN INCIDENT RELATING TO THE DISCHARGE OF AN IPID ISSUED FIREARM 70 12.1 AT THE SCENE 70 12.2 SUSSEOOENT ADMTNISTRATIME 71 13. OF AN OFFICIAL FTREARM PERMIT 72 13.1 PROCESS AFTER ADMINISTRATWE INVESTIGATION 72 13.2 PROCESS WHERE IPID INVESTIGATORICASE WORKER HAS SHOWN THREATENING BEHAVIOUR TOWARDS OTHERS OR MADE REMARKS OF HARMING THEMSELVES 73 14. CARRYING, TRANSPORTING AND CONTROL OF IPID OFFICIAL FIREARM, AMMUNITION AND RELATED EQUIPMENT T4 15. LIABILITYIINDEMNITY DLAUSE 74 1S. ANNEXURES: i. 75 52 OPERATING RELATING TO INVESTIGATIONS AND FIR MS INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE ED Initial: 53 1. PREAMBLEIBACKGROUND The Firearm and Related Eduipment Standard Operating Procedure (SOP) establishes a policy and procedure for iPiD InvestigatorsiCase Workers authorised to carry ?rearms in the course and scope of their employment. taking into account its mandate as provided in the Constitution of the Republic of south Africa, 1996; Independent Police Investigative Directorate Act, 2011 (1 of 2011); independent Police investigative Regulations, 2012; Firearms Control Act 2000 (60 of 2000); Firearms Control Regulations, 2904 and Criminal Procedure Act, 1977' (51 of tort). 2. PURPOSE The purpose of this Firearms And Reiated Equipment Standard Operating Procedure (SOP) is to establish potioy and methods by which official ?rearms are applied for, requirements for application; responsibilities white in possession of the firearm as well as training on firearms and firearms related issues, while being cognizant of the provisions of the Constitution of the Republic of South Africa Act, Act 108 of 1906; the Independent Police investigative Directorate Act, Act 1 of 2011; the Firearms Control Act, Act 60 of 2000, as amended; the Criminal Procedure Act 51 of as amended, the Regulations promulgated under the mentioned legislation and other relevant legislation. 3. POLICY The policy this SOP is to: 3.1 Recognise and respect the value and sanctity of human life; 3.2 Define responsibilities of persons as outlined within the sons; 3.3 issue permits, firearmsliand ammunition to IPID investigators i Case Workers to protect themselves or others-from imminent death or serious physicai harm; 3.4 Restrict the use of deadiy force by lPiD investigators 1 Case Workers acting within the scope of their duties tofcircumstances where such action is necessary to protect themseives or others from what is reasonably believed to be imminent threat of death or serious physical harm; 3.5 Require that before being aiiowed to carry a firearm on or off duty, IPID members must be fit and proper, be trained on the use and be found competent to handle an iPlD of?cial firearm; and 3.6 Require iPiD Investigators I Case Workers whether they are on duty or off duty to adhere to the guidelines and restrictions regarding their issued firearms, ammunitions and the use of deadly force. 3 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDA OPERATING PROCEDURES RELATING TO AND FIR MS ED Initiai: it 4. DEFINITIONS 4.1 Act refers to the Firearm Control Act 2000 (Act 50 of 2000); 4.2 Administrative Investigator means a person appointed by the NHI to investigate a discharge or loss of a firearm, as the case may be. This would be a person higher in rank level to those who would be the subject of an investigation; 4.3 Ammunition - means a primer or complete cartridge, issued by the iPlD from time to time to its linvestigatorsiCase Workers (only ammunition issued by may be used for training and day?touday carry purposes); 4.4 Annuai Proficiency Shoot means a practical evaluation of an of?cial's ability to handle a firearm, under the supervision of an accredited Range Officer, against a standard exceeding the basic standard as contemplated in relevant SAGA unit standard; 4.5 Cartridge means a complete object consisting of a cartridge case, primer, propeilant and bullet; 4.6 Case Worker means any official who handies cases and includes a Data Capturen?Database Clerk, investigator, Senior investigator, Principal investigator, Assistant Director Investigations, Deputy Director investigations and Director Investigations (Deputy Provincial Head); 4.7 Competency Certi?cate - means a Competency Certi?cate contemplated in terms of Chapter Siof the Firearms Control Act; 4.3 Deadiy Force- means any force that may reasonably cause death or serious physical harm to a. person (Should be read with Section 49 (2) of the Criminal Procedure Act); 4.9 Discharge of a Firearm - refers to any instance where an IPID issued firearm has been discharged, except during a proficiency training exercise; 4.10 DPCI refers Directorate for Priority Crime Investigation; 4.11 Executive Director (ED) -- refers to the Executive Director of appointed in terms of Section 6 er the IPID Act, 2011; Firearm means any device manufactured or designed to propel a bullet or projectile through a barrel or cylinder by means of burning propellant, at a muzzle energy exceeding a joules (s ft-Ibs); device manufactured or designed to discharge rim-fire, centre-fire or pin-fire 54 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE . 5 ED Initial: Con?dential?l? ammunition; device which is not at the time capable of discharging any bullet or projectile, but which can be readily altered to be a ?rearm within the meaning of paragraphs or device manufactured to discharge a bullet or any other projectile of .22 calibre or higher at? a muzzle energy of more than 8 joules (6 ft?lbs), by means of compressed gasfand not by means of burning propellant; or 4.12 barrel, frame or freceiver of a device referred to in paragraphs 4.13 Firearm Permit means a prescribed form issued by the department to an IPID investigatoriCase Worker to possess a firearm; 4.14 Firearm Pro?ciency Qualification refers to a process of qualifying in respect of the knowledge?: of Firearms Control Act, 2000 and Regulation, 2004, applicable to possessing a ?rearm in terms of the South African Qualifications Authority (SAGA) Linit Standards dealing with the use of firearms; 4.15 Fixed permit - refers to a permit allowing the permanent use of an official firearm; 4.16 IPID Investigative :I'eam means investigative personnel assigned by the ED to conduct an administrative investigation of a discharge of a ?rearm; 4.1T Imminent - means impending or about to happen; 4.18 Impaired refers to an Investigaton?Case Worker whose capabilities have been affected by this use of any substance which has an intoxicating or narcotic effect resulting in a decreased ability to perform assigned duties and speci?cally in relation to of a firearm and ammunition; 4.19 LC RC means the? Local Criminal Records Centre; 4.20 National Head of investigations The Programme 2 Manager who is responsible for national oversight of IPID investigations; 4.21 Pro?ciency Certificate means a certificate issued by and accredited service provider indicating that members passed and met SAQAtraining standards; 4.22 Provincial Management consists of the Provincial Head and Deputy Provincial Head; 4.23 Reasonable belief means what an ordinary prudent person with similar training and experience would have concluded given the same set of circumstances and available information; 4.24 Regulations means Firearm Control Regulations, 2004; 4.25 Residence mea?hs temporary or permanent place of residence where the 55 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIR MS ED Initial: **Con?dcntial* Con? dcntial* IPID Investigatoricase Worker resides; 4.26 Responsible Person (RP) - refers a person deiegated in writing by the ED and appointed as the RESponsible Person as per the requirements of Section 98 (2) of the Firearm Control Act; and 4.2? Temporary permit refers to a permit to carry a firearm that is linked to a specific timeframef project or any request where the period of expiry will be determined by the RP. 5. SCOPE OF THIS SOP This SOP shalt be of application and shall only be. amended or repealed as the 5.1 case may be in light of any new SOP or legislative development; 5.2 This SOP shalt be used in the spirit of the Firearms Control Act; Firearms Regulations and Criminal Procedure Act; 5.3 it shalt apply to the conditions related to the use, permit appiication, issuing, training, quali?cation criteria. carrying, maintenance and storage of the IPID firearms and ammuhitions; and 5.4 It shall aiso apply to the investigation to be conducted in the event of an IPID Investigaton'Case Worker being involved in a discharge of a firearm where an issued firearms was involved. 6. DUTIES AND RESPONSIBILITIES 6.1 The ED shall beresponsible for: 6.1.1 The appointment of the RF in line with Section 98(2) of the Firearms Control Regulations; 2004 relating to issuing of permits and the recording firearms and ammunition issued-Itor and received from employees; 6.12 The approval of that procurement and replacement of ?rearms; ammunition and related equipment upon advice by the 6.1.3 The approval of accredited Firearm Training ServiCe Providers; and 6.1.4 Any appeals relating to the withdrawal or suspension of a firearm permit issued 56 to an IPID Investigator {Case Worker by the RP. INDEPENDENT POLICE DIRECTORATE STANDA OPERATING RELATING TO INVESTIGATIONS AND FIR MS ED Initial: 6.2 The National Head of Investigations shall be responsible for: The development and review of all ?rearm related policies in use by the 6.2.1 6.2.2 identifying any IPIED ?rearm related procurement and disposal needs and making such recommendations to the 6.2.3 The evaluation and; recommendation of the appointment of accredited Firearm Training Service Providers; 6.2.4 Ensuring the safekeeping and storage of all ?rearms and ammunition (including related equipmentlias wait as procurement andior the issuing of equipment to the provinces in terms of this SOP are in line with relevant prescripts and comply with the provision of Annexure 5 and 6; 6.2.5 Ensuring proper record keeping and safekeeping of required records to show the use and disposal of firearms and ammunition; 6.2.6 Ensuring that all records of firearm permits issued to IPID Oi?ciall Case Worker are kept; I 6.2.?r Ensuring that the ?rearms and related equipment are marked with unique numbers (if required by legisiation); 6.2.6 Reviewing a request made for the application of an iF?lD permit by staff stationed at National Of?ce (but not the satellite office within National Office); 6.2.9 Ensuring the half-{yearly inspection of ?rearm, ammunition and related equipment register and the physical comparison of register with the firearms, ammunition and related equipment in the safes or strongroom on the National Office inventory; I 6.2.10 Ensuring that inspection reports are consolidated and submitted to the ED annuaiiy; I 6.211 Ensuring the physical inspections of ?rearms in the Provinciai Of?ces (Annexure 12); 6.2.12 Ensuring that Firearm Stock Register is kept in accordance with Section 99(1) of the Firearms Control Act and Regulation 61 and that the register content complies with reguiation 62; 6.2.13 Ensuring that the task team leader submit a report on the usage of ail ?rearm related equipment that was issued by IPID and was accounted for and returned to the original issuing province; 6.2.14 Ensuring that all members in possession of ?rearms and permits attends at least a practicai evaluation shoot annually; 57 OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE INDEPENDENT POEICE INVESTIGATIVE DIRECTORATE STANDARD: 69} ED Initial: Con?dential 6.2.15 Engage with and ensure that a Memorandum of Understanding is drafted relating to interdepartmental transfers of firearms, training and access to SAPS ranges; arid 6.2.16 The appointment of the Investigator Case Worker (in case of a discharge or loss of a firearm) to conduct subsequent administrative investigation and reviewing of findings of such reports. 6.3 The Provincial Management shall be responsible for: 6.3.1 Ensuring compliance with the provisions of the Official Firearm Control Standard Operating; Procedure; 6.3.2 Half-yearly inspections of the firearms, ammunition and other investigative related equipment, for each permit holder (Annexure 12 and 20), and physically compare it with theftirearms, ammunition and related equipment as issued to the Case Worker and forward a report to the and RP as to the result of the inspection; 6.3.3 Ensuring that the inspection of ?rearms, ammunition and related equipment is conducted in accordance with the Asset Management procedures; 6.3.5 Ensuring firearms, ammunition and related equipment are available for stock taking by Asset Management in accordance with the Asset Management Procedures; 6.3.6 Ensuring proper record keeping relating to certi?cates and records for attendance of the EFirearm Pro?ciency Quali?cation Course and shooting exercises attended by lPiD Investigators i Case Workers; 6.3.7 Reviewing applications and renewals of permits to possess an firearm and ensuring administrative compliance of the applicationslrenewals; 6.3.8 Reviewing applications to be issued with an IPID firearms and ensuring administrative compliance of the issuing of the firearm and ammunition; 6.3.9 Ensuring that lost, damaged or redundant ?rearms and related equipment are reported to the Mill; 6.3.10 Ensuring that an iPlD issued firearm safe is inspected at the residence of the investigator 1 Class Worker who wants to be issued with a permanent firearm and where the of?cial, who is issued with the firearm and safe, re- locates or moves, the sale is removed and re-instalied on the new premises and inspected; 58 POLICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE 3 ED initial: 4? Con?dential* (The cost of installation and relocation installation remains the responsibility of the Investigator.l Case Worker who was issued the safe} 6.3.11 Verification of safes and vaults at IPID investigators Case Workers in residential places; 6.3.13 Ensuring that a caseworker submits a report on the usage of all firearm related equipment that was issued by IPID. This report was then submitted to the NHI and the I 6.3.14 Ensuring that case worker{s) involved in any.r discharging their firearm or witnessing a discharge, undergoes debriefing within 48 hours in line with regulation f9 if required; 6.3.15 Ensuring that all discharges where a investigator i Case Worker is involved is reportedlto the Ni?li and DPCI or SAPS for investigation; 6.3.16 For the recording and record keeping of members alleged to be suffering from a condition that would warrant the withdrawal for said members? of?cial firearm andror permit. The withdrawal can be done without first seeking approval from the djepartmentai Responsible Person. (Refer to Annexure 15). The withdrawal can only be overturned upon the submission of a medical report from a certified medical practitioner stating that the affected person is deemed to be fit to possess a firearm; 6.3.1? The overall safekeeping of firearms, ammunition and related equipment within their respective provinciai and regional offices; and 6.3.16 Ensuring that firearms that are handed in at the province are returned to National Office within 10 working days of it being handed in at the province. 6.4 The RP shall be responsible for: '64} Review all applications for permits and renewal of permits; 6.4.2 Approval and issuing of all types of permits (including renewals); 6.4.3 issuing of all iPlD official firearms and ammunition to of?cials with valid permits; 6.4.4 Keeping record of firearm permits issued to EPID Investigators i Case Workers; 6.4.5 Keeping all required: records to show the use and disposal of firearms and ammunition; 6.4.6 Keeping the Firearm. Stock Register in accordance with Section 99(1) of the 59 INDEPENBENT POLICE INVESTIGATIVE EJIRECTORATE STANDAR ED Initial: OPERATING PROCEDURES RELATING TO AND FIRE **Con?dcntial* -Con?dcntial* Firearms Control Act and regulation 61 and that the register content complies with regutation B2. The supervision offti?re stock-taking of iPiD firearms, ammunition and related equipment; 6.4.6 Conducting the physical inspections of PD firearms in the Provincial Offices annuaiiy; 6.4.9 D'eveiop annual practical evaluation testing schedule and ensure that all members in possession of lF?lD ?rearms and permits attends at least one practical evaluationishoot annually; 6.4.10 Compiling a report annually to the ED and indicating: Types of permits issued; Number of permits issued; Number of firearm issued and returned; and Number of practical?shoots held and number of staff that attended. This report is to be-iconsolidated and also forwarded to the Registrar annually; and 6.4.11 Engaging integrity management as to integrity testing of permit holders of of?cial firearms. 6.5 The Security Management is responsible for: 6.5.1 The verification of'?safes, strongrooms and vaults for the storage of IPID firearms, ammunition and related equipment in PM) National Of?ce; 6.5.2 Ensuring that safes; strongrooms and vaults comply with security requirements and relevant prescriipts; 6.5.3 Ensuring access to the safeistrongroom where the firearms are kept is properly monitored and all accessing of the safefstrongroom is recorded; 6.5.4 The supervision of the tagging of iPlD ?rearms, ammunition and related equipment; 6.5.5 The supervision of the stock-taking of firearms, ammunition and related equipment; 6.5.6 Verify and endorse relevant documentation whenever firearms andlor ammunition is removed fromior returned to National Office strongroom; and i The overali safekeeping of IPID firearms, ammunition and related equipment. 60 INDEPENDENT POLICE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE 8 so initial: 69!? *Con?dential** Con?dential 6.6 The investigators {Case Workers shall be responsibie for: Safekeeping of aanPlD firearm, ammunition and related equipment issued to 6.6.1 himfher; 6.6.2 Informing the Provincial Management of any discharge of an IPID firearm whether it involves himfher or any other lPiD Investigator! Case Worker; 6.6.3 Informing the Provincial Management of any loss of firearm related equipment issued to them; Attending the Firearms Proficiency Training and shooting exercise within 6.5.4 twelve months of assumption of duty for the ?rst time users (if not in possession of a proficiency certi?cate issued by an accredited SAQA service provider); 6.6.5 Availing the IPID issued firearms for inspection, servicing. repair and stock- taking when necessary; 6.6.6 Reporting any defect to the IPID firearm issued to himi'her {Annexure ?10 to be completed); Applying for a permit (and renewal) to be issued an IPID firearm and furnish all relevant documents to the RP through the Provincial Management; 6.6.8 Attending a practical evaluation shoot to sustain department proficiency level annually; and 6.6.9 Making requests for the issue of an IPID firearm after permit has been approved. T. ISSUING OF A FIREARM, AMMUNITION AND RELATED EQUIPMENT 7.1 Official firearms and ammunition will only be issued from National Office; 12 Official firearms willionly be issued after the official requesting to be issued has communicated with-'jthe Security Unit and the Responsible Person in writing to set an appointment regarding issuing of firearm and collection of the firearm; 7.3 An IPID firearm will; be issued to a qualifying IPID Investigator i Case Worker with a permit; 7.4 In the event that the IPID Investigator Case Worker is not in possession of an IPID permit, no official firearm will be issued; 7'5 The Investigator Case Worker will be issued with a firearm. ammunition and reiated equipment provided hefshe meets the requirements of Section 9(2) 61 INDEPENDENT POEICE INVESTIGATIVE DIRECTORATE STANDA OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE ED Initial: :91 *Con'?dential?f of the Firearms Co'htrol Act, 2000 (Act No 60 of 2000) and Clause 7'9 and 80 of the Firearms Control Reguiations, which deal with competency certificates to possess and handle firearms. For the purposes of this SOP, such an iPiD Investigator! Case Worker will be issued an firearm, ammunition and related equipment if hefshe: 15.1 is 21 years or older on the day the application is received [by the Di]; 15.2 is a South African I'Ccitizen or a holder of a permanent South African residence permit: 7.5.3 Is a fit and proper person to possess a firearm; Is of stable mentat condition and not inclined to vioience; 7'55 Is not dependent on any substance which has an intoxicating or narcotic effect; 15.6 Has not been convicted of an offence under or in terms of this Act or the previous Act and sentenced to a period of imprisonment without the option of a fine; 15.? Has not been convicted. whether in or outside South Africa, of an offence involving the unlawful use or handling of a firearm by him'or her or another participant to the offence, whether committed in or outside South Africa; 7.5.8 Has not been convicted. whether in or outside South Africa, of an offence involving viotence or sexual abuse, whether committed in or-outside South Africa, and sentenced to a period of imprisonment without the option of a fine; (ii) physical or sexual abuse which occurred within a domestic relationship as de?ned in section 1 of the Domestic Violence Act, 1998 (Act- No. 116 of 1998), whether committed in 'or outside South Africa; 725.9 Has not been convicted of fraud in relation to, or supplying false information for the purposes of, .obtaining a competency certificate, licence, permit or authorisation in terms of this Act or the previous Act; 15.10 Has not been convicted, whether in or outside South Africa, of an offence involving the abuse-jot alcohol or drugs, whether committed. in or outside South Africa, and sentenced to a period of imprisonment without the option of a fine; 725.11 Has not been convicted. whether in or outside South Africa. of an offence involving dealing inidrugs. whether committed in or outside South Africa, and 52 POLICE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO AND FIRE 5 ED initial: sentenced to a period of imprisonment without the option of a ?ne; T512 Has not been convicted of an offence in terms of the Domestic Violence Act, 1998 (Act No. 118 of 1998) and sentenced to a period of imprisonment without the option of a fine: T513 Has not been convicted of an offence involving the negligent handling of a ?rearm; I 15.14 Has not been convicted of an offence in terms of the Explosives Act, 1958 (Act No. 28 of 1958), arid sentenced to a period of imprisonment without the option of a fine; T515 Has not been convicted, whether in or outside South Africa, of an offence involving sabotage, terrorism, public violence, arson, intimidation, rape, kidnapping or chitd 'steaiing, whether committed in or outside South Africa; ?.5.18 Has not become or- been dectared unfit to possess a firearm or in terms of this Act or the previous Act; 7.5.1? Has successfully completed the prescribed test on knowledge of this Act; 7.5.18 Has successfully completed the prescribed training and practical tests regarding the safe and efficient handling of a firearm; and 15.19 Has, where applicable, successfully completed the prescribed training and practice! tests for ?rearms dealers, manufacturers, gunsmiths, security officers or other persons who use firearms in the course of their business. 8. OF A FIREARM, AMMUNITION AND RELATED EQUIPMENT 8.1 Of?ciai firearms and ammunition should be returned at National Office; 8.2 In the event a firearm and ammunition cannot be returned to National Office it may be booked in at the relevant Provincial Office but the province must ensure that the ?rearm and: ammunition is returned to National Office within 10 working days after receivingQit at the relevant Provincial Office; 8.3 Official ?rearms should be returned by the official to whom the firearm and ammunition was issued and should engage with the Security Unit and the Responsible Person in writing to set an appointment regarding the return; 8.4 if Official Firearms are to be returned to National Office, only officials that are proficient in the handling of firearms are aliowed to transport the said firearm andlor ammunition. 63 INDEPENDENT POLICE ENVESTIGATIVE DIRECTORATE STANDAREII OPERATING PROCEDURES RELATING TO AND FIRE ED Initial: 9. Cent] dcntial ?f TRAINING iN RESPECT OF FIREARMS 9.1 An IPID Investigator Case Worker issued or eligible to be issued with a firearm shaii attend or submit proof that they have attended a Firearm Proficiency Qualification Course in the last 5 years; 9.2 The Firearm Proficiiency Qualification Course shall compiy with: 9.2.1 SAQA Unit Standards dealing with handling of a handgun (SAGA Unit Standard 119 649), shotgun (SAGA Unit Standard 1i9 852) and semi-automatic ri?es (seen Unit Standard 119 650}; 9.2.2 SAGA Unit Standards dealing with Knowledge of the Firearms Control Act 60 of 2000 (SAGA Unit Standard t1? r05); 9.2.3 The SAQA Unit Standards 11? 705 and 119 549 are the minimum requirements to be issued with an official firearm (handgun); 9.3 The IPID shall, for the purpose of Firearm Proficiency Qualification Course, use the services of a service provider accredited by SASSETA in order to ensure that proper standards and controls are maintained with regard to training and testing of lPiD investigatorsrCase Workers; 9.4 The proficiency certificate obtained upon the attendance of the Firearm Proficiency Qualification Course becomes a prerequisite for a permit to possess, handle and store firearms and such permit will remain valid for one on condition that within that period the Investigator attends the annual shoots and will be renewed annually; 9.5 in the event that an IPID investigator Case Worker fails to attend and or submit proof of an annual practical evaluation shoot, they must surrender their official firearm and ammunition immediately until such time that they are again issued with a permit based on their re-appiication for the said permit; 9.6 Newty appointed investigators! Case Workers should undergo an practical assessment within 6 months of appointment, in which the establishes hisrher level of profitiency in line with their issued proficiency certificate(s); All investigator! Case Worker issued with an of?ciat firearm shall annuaiiy attend a shooting?exercise at a recognised shooting range chosen and identified by the lPlQ; and 9.8 The practical shooting exercise contemplated in above, wilt be at a minimum of SAQA Unit Standard 119 649 with the exception of the size of the target being A4 andfnot A3. 64 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE 5 so Initial: a?f *Con?dcntia1* 10. Con?dential* PROCEDURES 10.1.1 APPLICATION TO ISSUED WITH A FIXED PERMIT TO AND HANDLE AN IPID FIREARM AND AMMUNITION Stage Description 1 The Pit) Investigator Case Worker must submit a written application containing the foliowing information to he issued with a ?xed permit to possess ?rearm, ammunition and related equipment. This application should be submitted to the Provincial Management for review: Memoi'statement indicating the reasonineed for the application; Including the need to have a safe installed inion their premises; All relevant annexures (Annexures 1, 3-6 and and All relevant proof required to aCcompany application. 2 Upon receipt of the written application, the Provincial Management must satisfy himseifl?herseif that the Investigator! case Worker: is fit to possess a ?rearm; has passed -.SAQA accredited Firearms Training; has been etearet'i criminally by the sans; needs a ?rearm for private defence; and has a safe or applied for a safe that meets with the requirements set out in the Firearms Central Act, 2000 (Act an of 2000). 3 Upon the satisfaction that an EPID investigator! Case Worker meets the conditions set out in stage 32 above, the Provincial Management mayi recommend the application to the RP. In the event the Provincial Management is of the opinion that the firearm is not required, the application along with a memo from the Provincial Management indicating the reason why they are not in support of the application must be forwarded to the 4 Upon receipt of the application, the RP, will either approve or disapprove the application for a fixed permit. The decision must then be communicated to the applicant. 5 A permit granted in terms of this section may not exceed 12 months. 65 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDA OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIR M5 so tnitial: cu? Con?dential* 10.1.2 APPLICATION TO BE ISSUED WITH A EMPORARY PERMIT TO POSSESS AN IPID FIREARM AND AMMUNITION Stage Description ?1 The Investigator! Case Worker must submit a written application containing the following information to be issued with a temporary permit to possess firearm. ammunition and related equipment. This application should be submitted to the Provincial Management for review: Memoi'statefnent indicating the reasonfneed for the application and why a temporary permit must be issued where the fixed permit application process cannot be followed; Including the need to have a safe installed infon their premises: (0) Alt relevant annexures {Annexures 1, 3?6 and and All relevant proof required to accompany application. 2 Upon receipt of the written application, the Provincial Management must: satisfy himselfiherself thatthe IPID Investigator I Case Worker: is fit to possess a firearm; has passed SAQA accredited Firearms Training; has been cleared criminally by the (cl) needs a firearm for private defence; and has a safe or: applied for a safe that meets with the requirements set out in the Firearms Act, 2000 (Act as of 2000). 3 Upon the satisfaction that an investigator! Case Worker satisfies the conditions set out in stage 2 above, the Provincial Management must forward the application to the RP. In the event? the that Provincial Management is of the opinion that the firearm is not required, the .Eapplication along with a memo from the Provincial Management indicating the reason why they are not in support of the application must be forwarded to the 4 Upon receipt of the application, the RP, will either approve or disapprove the application. The RP-fs decision must then be communicated to the applicant. 5 A permit granted in terms of this section may not exceed 3 months and may onty be renewed once. i Note: a That any safe that provided to an IPID Investigator I Case Worker applying for 66 an official firearm and permit must carry the costs associated with the installation of INDEPENDENT POEICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE 5 ED Initial: *Con?dential* Con?dential* the safe. If the official is to relocate, the of?cial is responsible for the removal and re- installation of the issued safe in their new residential premises. That in the event that the official relocates, the said official must within 7? days of relocating inform the Provincial Management about the relocation who in turn must ensure that the new premises and safe is inspected within 7' working days after the location has been communicated. If an of?cial fails to {report the said relocation within the period specified. administrative action may be taken against the said official. It}. 1. 3 RENEWAL OF VALID FIXED FIREARM PERMIT THAT HAS BEEN ISSUED TO AN OFFICIAL AND THE OFFICIAL HAS ATTENDED AN ANNUAL PROFICIENCY SHOOT Process Description Appiications for renewals should be done at least 1 month prior to permit expiring; This appiication should be submitted to the Provincial Management for review: Submit application for renewal as per relevant annexure (Annexure 18); Attach Annexure 3 and 4;and Attach proof of attending and passing annual proficiency shoot. (Minimum level of pro?ciency is discussed in 9.8 above) 2 The Provincial Management must: satisfy himselffherself that the application is completed correctly, that the renewal of the permit is required and sign the documents where after the application is submitted to the and 3 RP evaluate the renewal application and re-issue permit if ail the requirements are met in terms of the application and proof. Note: - - The responsibility to apply for renewal of the permit remains that of the official is possession of a permit; . [n the even that a person? fails to apply for renewal prior to the expiry date, the firearm and ammunition must beisurrendered before on the day that the permit expires; - The official woutd have to follow the application process as discussed as per paragraph 10.1.1 above; 67 OPERATING PROCEDURES RELATING TO AND FIR INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STAN DARE M8 E13 lnitiaI: ?It *Con?dential* if Con?dential* 10.2 REQUEST TO BE WITH A IPID FIREARM, AMMUNITION AND RELATED EQUIPMENT Process Description ?i The iPiD investigator.ll Case Worker must submit written application on the Annexure 2 Form to the Security Unit and RP, as well as a copy of the permit issued to the member by the and indicate when they will be available to come and collect the ?rearm or make arrangements for the firearm to be handed over; The issue form, Arinexure 11 must be completed upon issuing of the ?rearm and ammunition. If the request has been denied, Annexure 13 must be completed; *Note that no firearm and for ammunition may be issued without the presence of the Security Unit representative. 10.3 RETURN OF A IPID FIREERM, AMMUNITION AND RELATED EQUIPMENT Process Desc?p?on 1 The IPID InvestigatoriI Case Worker must returnisurrender the of?cial firearm and ammunition prior or on the day that the permit expires. The IPID investigator i Case Worker must engage the Security Unit and RP at National Office and indicate when they will be available to return the ?rearm to National Office or the province. (Note that a ?rearm handed in at a Provincial Of?ce must be returned to National Office within it} working days after being received by the province). I The equipment return form, Annexure 19 must be completed upon return of the firearm and ammunition. *Note that no firearm may be returned without the presence of the Security Unit representative. 10.4 DISCREPANCIES IOENTIFIED WITH ANY ISSUED EQUIPMENT Process Description 1 Provincial Management must inspect EPID issued ?rearms and ammunition at least twice a year (Anneirure 12 and 20); 2 Where there is any discrepancy regarding the equipment allocated to the official versus the inspected equipment, the Provincial Management must request the 68 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURES RELATING TO INVESTIGATIONS FIR ED Initial: Con?dential?f Con?dential official to respondE in writing to explain the discrepancy. (this includes but is not limited to the number and type of rounds issued to the official); 3 if Provincial Management is not satisfied with the response given by the official, it must be escalated; to the NHI for their consideration; 4 All firearms returned may be, subject to the discretion of lPiD, sent for ballistic testing prior to re?issuing to another of?cial; and 5 If an tF?lD firearmf is positively linked to any outstanding SAPS investigation, the member involved will immediately surrender all firearm related equipment and may be subjected'to departmental disciplinary process. 10.5 ISSUENG OF FIREARM, AND RELATED EQUIPMENT FOR TASK TEAM DUTIES Process Description ?i The NHI issues an order for a task team in writing which is endorsed by the ED. 2 In the event that firearms, ammunition or retated equipment is required, the order will be issued withi an instruction to the RP to issue temporary permits to members, provided the task team members meet the requirements as per Section 98(8) of the Firearm Control Act and this SOPs. The RP must issue ?rearms to the designated members. The task team member must comply with sit the relevant procedures contained in the BOP and legislation and regulations. Members of the task team must return the ?rearms, ammunition and related equipment immediateiy (within 24 hours} after the completion of the task. Should the expiry 'date of the temporary permit expire prior to the compietion of the identified project, the task team leader! manager must within 48 hours before the permit expires, appiy for extension to the RP with an affidavit explaining the reason for the extension as welt as indicating what period of time will still be required to complete the project. The task team leader I manager must compile a report of the returned firearms, ammunition and related equipment and submit it to the and the ED. 11. THE CARRY AND USE 0F OFFICIAL AMMUNITION AND RELATED EQUIPMENT 69 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDA OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE f3 ED Initial: **Con?dentia1* Con?dential Process Description 11.1 An Investigator:r Case Worker who has reported on duty may not use hisfher private firearm during the execution of hisiher official duties; 11.2 Only issued ammunition may be ?red with an of?cial firearm (this appiies to any type of ammunition identified by for practical proficiency shoots (Full Metal Jacket) or? to be carried (Jacketed Hollow Point)); 11.3 No investigator! Case Worker will be allowed to carry hisiher of?cial firearm while a live round is chambered; 11.4 if a firearm or ammunition issued to an investigator 1? Case Worker becomes unserviceable, the firearm or ammunition may be replaced with another firearm or ammunition, provided that the exchange must be done with the necessary accounting transactions in the register and other relevant records and procurement prescripts have been foliowed; 11.5 An Investigator 1' Case Worker who is in possession of an official firearm must have hisfh'ier permit to possess the official ?rearm with himiher at ail times. Failure to comply with Section 98(7) is a criminal office; 11.6 An IPID Investigator 1 Case Worker may oniy draw and disolay an lF?lD issued firearm when heishe reasonably believes that there is a danger to hisiher safety or the safety of others; and 11.7 An investigator i Case Worker may discharge an issued firearm oniy when helshe reasonably believes that there is an imminent danger to hisiher safety or the safety of others. 12. AN INCIDENT RELATING TO THE DISCHARGE OF AN IPID FIREARM 12.1 At the scene In the event of an IPID investigator i Case Worker being involved in an incident 12.1 where an issued ?rearm was discharged (causing an injury or not), hefshe must take the following actions, in tine with the Investigation Standard Operating Procedures: 12.1.1 If possibte, immediately disarm any injured person and request emergency medical aid; 12.1.2 Immediately, or-Iias soon as it is reasonably possible, notify the South African Police Service as wetl as their Provincial Management; 70 DEPEN DENT POLICE DIRECTORATE STANDA OPERATING PROCEDURES RELATING TO INVESTIGATIONS AN FER MS ED Initial: alt 1? 1? Con?dential 1? if 12.1. The Provincial Management to whom this incident is reported will immediately inform the DCPI that there has been an incident involving an IPID firearm and there is an injury as a result of the discharge and that they should attend the scene and take over the investigation (where no injury was sustained - SAPS can continue with the investigation); 12.1.4 The investigator Case Worker may not disturb (and ensure nobody else disturbs) any item of evidence at the scene of shooting, such as fired cartridge cases, buliets and clothing; 12.1.5 Cooperate with any person of?cially involved with the investigation; 12.1.6 Complete and submit the Discharge Incident Report Form, (Annexure 7) within 24 hours to their; Provincial Management, except in cases where the lPiD Investigator Case Worker is injured or declared unfit to do so by a qualified practitioner, in which case the report must be submitted as soon as practically possible. If Case Worker was declared unfit to complete the form, a medical certificate indicating such, or a sworn statement by the Provincial Management must accompany Discharge incident Report Form; 12.1.? The Provincial Management to whom the matter is reported must within 24 hours ofthe notification of a discharge inform the as per Annexure 18; 12.1.8 Should there be reasonable suspicion that the Investigator! Case Worker was under the irifluence of alcohol or any substance with intoxicating effect at the time of the discharge, Provincial Management must assist in ensuring that blood andfor urine sample or any other sample, as may be permissible in law, was obtained and taken for analyses; 12.2 Subsequent Administrative Investigation 12.2.1 Upon noti?cation of an incident, the Provincial Management must notify the NHI within 24 hours of becoming aware of such incident and submit the completed dischargefloss form as well as accompanying notification (Applicable Annexures andfor t3 andior 16); 12.2.2 The shait as soon as practicably possible appoint an IPID Investigator I Case Worker, or a team thereof. to conduct the Administrative Investigation of the incident; 12.2.3 The member appointed shall summon the duty officer that attended the scene, the LCRC official and reconstruct the scene where necessary; 121.24 The administrative investigator must ascertain the number and type of ammunition 71 POLICE INVESTIGATIVE DIRECTORATE STANDA OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIR 3 ED Initial: Con? dentia1* issued to the Investigator Case Worker. how many were fired and how many unfired rounds were found; 12.2.5 The administrative investigator shouid work in conjunction with the investigator and identify witnesses, conduct interviews and obtain statements should not take the lead in the investigation but work alongside the 12.2.6 The administrative investigation shall be completed within five (5) working days after report has been made availabie and the appointed member shait submit the completed report to the Provincial Management, who will then forward the report to the NHI for review and decision on competency of the case worker and steps to be taken against the case worker (if any); 12.2.7 Any iPiD InvestigatoriCase Worker involved in a discharge of a firearm, and who was sent for debriefing, may be assigned to non-investigative duties, if that was the recommendation of the debriefing councillor, untii otherwise directed by the Provincial Management after the recommendations of the 12.2.8 Any conflicts resetting from the on?going administrative review must be brought to the attention of the NHL 13. WITHDRAWAL DF AN OFFICIAL FIREARM PERMIT 13.1 Process after administrative investigation i311 After the Administi?ative Investigation of a case of the discharge of a issued firearm, the administrative investigator may make a recommendation of hisiher findings to the tint; 13.1.2 The NHI may recommend that an IPID Investigatorir Case Worker be declared unfit to possess an offieial firearm or recommend any sanction they find fit falling short of declaring the effici?i unit and may include (but not limited to): Recommending disciplinary steps be instituted Recommending suspending the members permit Recommending the of?ciai be resent for training on the relevant unit standards: 13.1.3 The RP, may aftergevaluating the administrative investigation recommendation and consulting with theiNi?II, rrtake the appropriate ?nding; 13.1.4 The RP shall issue a notice with hisi?her decision to the iPiD Investigator Case Worker involved. 7'2 OPERATING PROCEDURES RELATING TO INVESTIGATIONS AND FIRE INDEPENDENT POEICE INVESTIGATIVE DIRECTORATE 555 ED Initial: Con?dential* 13.1.5 in the event that the RP decides to suspend or revoke the iPiD investigator:i Case Worker?s permit, the IPID investigator 1 Case Worker surrender hisiher permit, firearm ammunitidn and related equipment immediately and within 24 hours after the equipment has been surrendered, arrangements should be made by the effected Provinciai Management for the equipments return to Nationai Office {if not surrendered to National Office); 13.1.6 In the event that the Case Worker would like to appeal the decision, the appeal can be directed to the ED, in writing, within 21 days after the decision of the RP was communicated to the Case Worker. 13.2 Process where iPiD investigatoriCase Worker has shown threatening behaviour towards others or rnade remarks of harming themselves Process Description :1 A statement under oath is made regarding the conduct of the Investigator i Case Worker and the given to the Provincial Management; if the Provincial Management is of the opinion that based on the statement referred to above justifies the firearm to be removed they must if the Provincial ivifanagernent is of the opinion that based on the statement referred to above justifies the firearm to be removed they must inform the RP and the Provincial Management must instruct the IPID investigator i Case Worker to surrender the firearm, ammunition, any related equipment issued to the InvestigatoriCase Worker immediately; The Provincial Management must provide the RP with the written description of the matter within 14 idavs of it being brought to the attention of the Provincial Management; The RP can, after: evaluating the documentation, issue a certi?cate deciaring the iPlD investigator i Case Worker unfit to possess a firearm. The said evaluation and. decision by the RP must be ?nalised within days of it being brought to the attention of the The surrendered Qequiprnent can be stored at the province concerned for a maximum period of 10 working days after which it must be returned to National Office. *the declaration of unfitness will be dealt with in accordance with the Public Service Code of Conduct. 7?3 POLICE INVESTIGATIVE DIRECTORATE STAN DAR OPERATING RELATING TO AND FIR . 3 ED lnitiai: *Con?de11tia-I* 14. 14.1 14.2 15. 15.1.1 15.1.2 15.1.3 T4 Con?dential TRANSPORTING AND CONTROL OF OFFICIAL FIREARM, AMMUNITION AND RELATED EQUIPMENT All IPID firearms must be carried in accordance with the provisions of Regulation 78 of the Firearms Control Act, 2000 (Act No. 60 of 2000). All ?rearms must be transported in accordance with the provisions of Sections 86 and 87 of the Firearms Control Act, 2000 (Act No. 60 of 2000). LIABELITWINDEMNITY CLAUSE The shall not be liable for any damages or injury arising out of the use, by an lnvestigaton?Case Worker of an issued firearm, where the use of firearm is contrary to the provisions of this Firearms Control Act, Regulations. and Criminal Procedure Act; or due to the negligence of such an lnvestigaton?Case Worker. 5 Failure to comply with the provisions of the BOP will constitute misconduct and will be dealt with in terms ofithe Disciplinary Code and Procedure of the Public Service unless such nonncompliahce is also a contravention of any other law of the Republic of South Africa. With regard to third party? claims the only legal duty of care is that which is imposed by law. Thus a permit allocated in terms of the Firearms Control Act, 2000 (Act No. 60 of 2000) does not exempt the holder from having to comply with the provisions of any other law. I INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDAR OPERATING PROCEDURESRELATING T0 INVESTIGATIONS AND FIR. MS ED Initial: *Con?dential* 16. ANNEXURES: The foltowing annexures are attached with and incorporated as part of this Standard Operating Procedure: Annexure 1 Application to be issued with a permit to possess a firearm and ammunition? Annexure 2 Application 'to be issued with an ?rearm, ammunition and related equipment; 2 Annexure 3 Declaration er fitness to be issued with a permit and firearm, ammunition and related equipment; Annexure 4 Fitness questionnaire to possess an official firearm; Annexure 5 IPID safe verification form Annexure 6 Requirements for safes, strong rooms, apparatuses, devices or instrumentsfor the safekeeping of firearms and ammunition form; Annexure 7' Discharge incident report form; Annexure 8 Report of Ios?sitheft of firearm Annexure 9 Acknowledgement of the consequences of negligent loss of firearm form; i Annexure 10 Report of uneafe firearm form; Annexure 11 Firearm, ammunition and related equipment issue form Annexure 12 Firearm, ammunition and related equipment inspection form Annexure 13 Notification or failure to qualify for the issuing of ?rearm Annexure 14 IPID firearm; ammunition and reiated equipment audit form. Annexure 15 Withdrawal of IPID ?rearm permit and official firearm due to identified possible illness through treats to others or self?harm Annexure 16 Report of discharge by Provincial Management to National Head of Inves?ga?ons Annexure 1? Outcome ofAdministrative Investigation Annexure 18 Renewal of of?cial firearm permit Annexure 1Q Firearm, ammunition and related equipment return form Annexure IPID Firearm, Ammunition And Related Equipment Inspection Form Provincial management 75 OPERATING PROCEDURES RELATING TO AND FIR INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE sranoA ED Initial: 6? ?Con?dential Con?dential* CHECKLIST SING CONTENT YES NO 1 Does the policy document have a cover page? 2 Policy number? 3 Policy reference number? 4 Does the policy document have table of content for easy referencing? 5 Does the policy have a ?Policy Title"? v" 5 Does the policy have a ?PreamblefBackgroUnd"? Does the policy have a "Purpose"? 8 Is the policy document classified (head and footer)? 9 Is the document numbered accordingly (page numbering)? 10 Does the policy have a ?Scope?? 11 Does the policy contain "'I??erms and Definitions?? 12 ls the paragraphs including sub-sub paragraph clearly numbered accordingly? Define multilevel list 13 Is the policy framework from which the policy is derived from included in the policy documents (provisions)? 14 Does the policy have penalties or remedial actions or sanctions for non-compliance? 15 ls there a policy implementation plan for this policy? 16 How the policy will be monitored in order to evaluate its effectiveness and impact? 1? is the review process clearly de?ned in the poiicy document? 76 OPERATING PROCEDURES RELATING TO ENVESTIGATIONS AND FIREARMS INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD ED Initial: 5 *Con?dentiali? 9? 18 Was the policy work shopped with all affected and interested I stakeholder prior to implementation? 19 Does the policy clearly indicate how deviations should be dealt with by the employees of staff concerned? 20 Was the policy send to Legal Services for legal compliance? QUALITY CONTROL CHECK SIGNED BY RESPONSIBILITY MANAGER: cit/F RESPONSIBILITY MANAGE-R ?1 DATE QUALITY ASSURANCE SIGNED BY KNOWLEDGE MANAGEMENT (KM): 223 023th DEPUTY DIRECTOR: DATE 7? 3 INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE STANDARD OPERATING RELATING TO INVESTIGATIONS AND FIREARMS i ED Initial: .i l. 3 . . *?k'k'k'k?ki'kak'k H) patios INVESTIGATIVE otaecToeATa Private Bag X941, customs, com. City Forum Building. 144 Medics Street. Tel: {012) 399 success: (m2) 326 ties. Email: proyicne deta?stcjioidooyza ?has; soil" Mr. KW Address Case Control Nomber: 201T020098 Address Postal code Registration Date: SubiEct: A receipt for the notification forwarded IMPORTANT - DO NOT LOSE THIS RECEIPT According to the document(s) received you have been recorded as: Notifying party Complainant Victim Next of Kin This is a receipt for the Complaint you have just ?led. It bears a Complaint Number .. . . above which identifies the Comptaint. i Any future communication concerning this matter should refer to the Compiaint Number. If you have additional information or qUestions, you may call the at 011 220 1500 during the houts of to iohBU. You wiil be contacted during the processing of this matter and at the time a decision is reached concerning a finai disposition.? Thank you for your assistance. The independent Police Investigative Directorate Investigator: Name Signature Date: r3 . 1 . CONFIDENTIAL irir'kin'hi'??i?ir't ID POLICE INVESTIGATIVE olaacroaare Private Bag xea. 0001. City Forum Building, 144 Madiba Street. Tel: (GTE) 399 HUGO: Fax: {012) 326 0403, Email: province details?ipidgovaa \h ?'05 Mr. 3 Address 5 Case Control Number: 201?920098 Address 1 Postal code Registration Date: OGIOZIZDW Subject: Progress Communication on complaint forwarded to The current position regarding the complaint that you have fonruarded is: Under investigation Completed departmentally recommendation sent Completed departmentally awaiting outcome of recommendation Completed criminally referred for decision Decision Prosecute Becision - Declined to prosecute Case referred to if you have any questions, you may call the at 011 22!] 150G during the hours of to 16h30. Thank you for your assistance. The independent Police Investigative Directorate investigator: Name 5 Signature Date: CON Fl ENTEAL KP ID INDEPENDERT PDLICE INVESTIGATIVE DIRECTORATE Private Bag X941, FRETOREA, Cityr Forum Building. 144 Madiba Street, PRETORIA Tel: (012] 399 D??mfex: [012} 328 04%. Email: com leints i id. owe Emmi (311506? Mr. Address i Case Control Number: 201TU20098 Address Postal code Registration Date: 06102i2017 Subject: Closure Communication of-'-Case CCN Please note that the case. CCN is to be closed and beiow is the reason for the said closure: Case referred to Decision Declined to prosecute Conviction in court Acquittal in court [f you have any questions, you may call the IPID at 011 220 1500 during the hours of to 16h30. Thank you for your assistance. The Independent Police investigative Directorate investigator: Name Signature Date: CONFIDENTIAL 10 reenactment? POLICE INVESTIGATIVE BIRECTDRATE Private Bag x941. PnETonie. our Forum Building, 114 Madiba Street, naeronia Tel: {012] 399 0000. Fax: {612) 325 0403. Email: complaints?ipidgovza chm): auction? MEMORANDUM To Executive Director: Mr. RJ McBride From Date Subject Request to Make a Determination in Respect of a Section 28(1ilh) Matter Priority High Anaexures A Section 28mm) template 8: List of attached documentation C: .E XX 1. PURPOSE The purpose of this memorandum isto inform the Executive Director pertaining to a comptaint against the (short description of aliegation) 2. BACKGROUND Short description of allegation as captured on the template 3. 3.1 3.2 Thematter was relerred to the Executive Director for evaluation and decision as perthe attached, approved Section form (dinner-ore Any other pertinent information theiprovince wishes to add. 4. REQUEST Province name. requests approvalireierrat of the format complaint received by the office. a) I confirm that the above complies with and is not in contravention with relevant and applicable Prescripts or legislation. {bi con?rm that the above is in line with the PFMA and the Treasonl Regutations. I con?rm that the information in the submission have been veri?ed to be correct and accurate. rm?) .. .. .. .. . (Rank) Province RECOMMENDED RECOMMENDED CONFIDENTIAL Date MR. M. SESOKO NATIONAL HEAD OF JMVESTIGATIONS DATE: 2 DECISION MR. FM. MCBRIDE EXECUTIVE DATE: Raquesf for Decision: Section Matt?r Page 2 ID INDEPENDENT POLICE DIRECTORATE Private Bag X941. 0001. City Feetm Building. 114 Madiba Street. PRETORIA Tet: (012} 399 0000+ Fax: (012} 326 0408, Email: cemetetntereietdgevze Q?S?ros cust?i?u' Section 28(1)(h) covering memo To: The Executive Director: iPiD From: Subject: Request to make a determination as to a Section 28(1)(h) case Reference: (Staten) and CAS (CASnumber) tenet-tee): 1. Background: Where cases are registered as Section 28 matters. the Executive Director is required to make a determination as to the; investigation of such cases. Find attached this offices request to make such a determination based on the information presented. 2. Summary of allegation give a summary of the complaint as received 1 give a summary of what has been done since the complaint has been received 3. Case Docket Contents: 3.1 Please findettached the original contents of the IPED Case Docket (station) CA8 containing the foiiowing information; Reference Case Docket Content A10 A11 A12 A13 A14 A15 Brief description of merits of complaint received: A'neiysis of complaint: Prospect of successful Investigation Below 50% 50% Above 50% Recommendation as to investigation: Investigate Refer This matter is referred to your office for a decision. Please find attached alt documentation as received by this office relating to the matter. Provincial Head! Director Investigation: Province Date: - Recommsuoeo INOT Recommehoso MR. PROGRAMME 2 MANAGER DATE: DECISION: MR. EXECUTIVE DIRECTOR: IPED DATE: IPID 2019mm) 10 POLECE INVESTIGATIVE ?ironmm-cm?t? Private Bag X941, PRETORIA. 0061. City Forum Building. 114 Madiba Street. PRETDRIA 1.1. 1.2. 2.1. 2.2. 2.3 3.1. Tel: {012] 399 anon. Fax: {012} 326 0403, Emaii: telo: CRIME SCENE REPORT (To be completed by iPiD investigator when attending a scene) REFERENCE NUMBERS IPID Of?ce: CCN: Standby Notification Reference Number: SAPSIMETRO Station Area: CA3 NO: IPID PERSONNEL PRESENT Investigative Supervieor: investigator: Other IPID Personnei: SAPSIMETRO MEMEERS PRESENT Crime Scene Officer: Name: Station: IPID 20192020 Rank: 3.2. investigating Of?cer: Name: Station: Rank: 4. ARRIVAL AT SCENE: Date: Time: 5. SAPS MEMBER 11v SHARSE or: THE SCENE: s. AQDRESSILOCALITY OF SCENE: (Futi address or iocality of scene) 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 ?g Tvge Providing of crime kits Providing of forensic evidence bags Anyother type of assistance: Was failure to assist explained as a contravention of Section 29 of the Act and those possibie criminai actions can resuit in the event of a faiiure to assist? Yes IPID 201912020 Response of SAPS member on scene: Signature of official: aiqnature of SAPS official: Name. Surname, Rank: l, hereby confirm that I attended the scene on (location) at (time and date) i and that the following SAPS of?cial confirms my attendance on the date, time and location as indicated. Stqnature of official: ?ignature of SAPS official: SAPS Persal Number: Name. Surname. Rank: Date: Time: DESCRIPTION OF SCENE UPON IndoorsiOutdoors. 7?12. UrbaniRuralArea. IPID 2019:2020 7'13 HouseIBusiness Premises! WerehouseiPelice Stetioanolice celisiFieidfF?ublie Reed! errnui Other Visibility: Geed?NeeiidBed. 715. ReinISunshine. 716. NaturelfArtifieielLight. 7.7. OpenIBuiltupIBushIGrassi Water! Other: 718. Cerdened Off: Yesfhle. 7?3. DeceasedNietim en Scene: YesiNe. 7.10 lnjured Person en Seene: YeslNe. 7111. Exhibits en Scene: - YesINe. 7112. Forensic Experts on-Ssene: YesINe. 7.13 Witnesses at Scene: . YesINe. 7.14 SAPSIMETRO membe?s} involved at Scene: YesiNe. s. PARTICULARS OF Muses PERSONS 8.1. Name 2 Age: Sex: Telephone No: (H) (W) Address 8.2 Name: Age: Sex: Telephone No: (H) (W) Address: 8.3 Name: Age: Sex: Teiephene Ne: (H) (W) Address: 9.1 9.1.1. 9.2. 9.2.1. 9.2.2 2019:2020 PARTICULARS OF DECEASED Name: Age: i Sex: Race: Address: Apparent Manner of Death: (Eg. GiJnsheUKnife WeundiDog Family of deceased identi?ed? NO if ?Yes" provide details: Name: Age: Sex: Race: Address: Apparent Manner of Death: Genshothnife WeundIDog Family of deceased identi?ed? NO if ?Yes? provide details: 20192020 9.3. Name: Age: Sex: Race: Address: 9.3.1. Apparent Manner of Death: Gunshot; Knife Wound 9.3.2 Femify of deceased identified? NO - If ?Yes? provide details: ?10. PARTICULARS OF WITNESSES 10.1. Name: Address: Tel. No. (H) (W) (Cell) 10.1.1 Interview erreeged: YESINO. For: Date: Time: Venue: 10.2. Name: IPID 20190020 Address: Ta.No.sn aw) (Cam 10.2.1. interview arranged: YESINO. For: Date: i Time: Venue: 10.3. Name: Address: (Gem 10.3.1. interview arranged: YESINO. For: Date: Time: Venue: 10.4. Name: Address: (no (can 10.4.1. Interview arranged: YESINO. For: Date: 2 Time: Venue: 11. 11.1. 11.2. 11.3. 12. 12.1. 12.2. 12.3. 12.4. 12.5. 12.6. 12.? 12.8. IPID 20 i9f2020 PARTICULARS OF MEMBERIS INVOLVED Name: Service Number: Rank: Station: Unit: Name: Service Number: Rank: Station: Unit: Name: Service Number: i Rank: Station: Unit: ON THE SCENE: (Describe each exhibit and the place where it was found) IPID 2019:9020 12.9. 12.10. 12.11. 12.12. '13. MANNER 0F DISPQSAL OF EXHIBITS 13.1. 13.2. 13.3. 13.4. 13.5. 13.6. 13.71 13.8. 13.9. 13.10. 13.11. 13.12. Taken by SAPSIMETRO investigating of?cerfBallistic expErUPathoiogist) 14. FORENSIC AND OTHER EXPERTS AT SCENE 14.1. Fingerprint: Name and Contact details 14.2. 14.3. 14.4. 14.5. 15. 2019:2020 Photographer: liiame and Contact details Ballistic: I Name and Contact details Pathologist: I Name and Contact details Other: Name, Field of expertise, Organisation and Contact details SHORT SUMMARY EOF EVENTS AS DETERMINED AT SCENE it} IPID 2019:9020 16. 16.1 16.2 16.3 IPID 2019:2020 FAMILY LIAISON: 5 Name of family member communicated with: Contact details of farhily member: Information obtained?om family member: 12 IPID 2019:2020 Date: Time: IPID POST REPORT 17. IPID PERSONNEL PRESENT Investigative Supervisor: IPID Investigator: 17.3. Other lPiD Personnel: 13. START o? POST moment: 19. Date: 3 Time: 20. ADDRESSILOCALITEY or: SCENE: (Foil address or locality of scene) 21. POST MORTEM DATA 21.1. Name of the deceased: Body No: i 21.2 Name of the Pathologisti'Doctor: 21.3 Place and Date: 21.4 it) Number: or Date of Birth 21.5 Observations: IPID 2019:2020 21.5.1. lPiD investigators? requested PathologistiDootor to speci?cally look atifocus on: 21.6 Doctor's Findings: 21.7 Cause of Death: 21.8 Signature and date of the individual acknowledging that lF?tE} investigator was present at Post Mortem: Name of individual: Signature: Date: Signature of iPlD Investigator I Delete where not applicabie l4 IS i0. tmuea?rtemwa otaecmmre . Private Bag X941, PRETORIA. 0001. Cit}.r Forum Buiiding. 114 Madiba Street. PRETORIA Tel: {812} 399 DOUG: Fax: {[112} 326 0408, Email: province details @ioidoovza . K. i"1'35 Preliminary report reiatingi to cases in terms of the Act, Act 10f 2011 in terms of the Regulation 4.3 and Regulation 8, may conduct a preliminary investigation in order to feasibility to fully investigate the complaint reported. This preliminary investigation may not exceed 30 days. CCN Number: CAS Number: Criminal Charge: PRELIMINARY INVESTIGATIVE REPORT RELATING TO SEC 23 (1) MATTERS - COMPLAINANT DETAILS CCN: Compiaint received 3 Suspect identification: data: Preliminary report Investigator: date: - Complainant SAPS CRICAS number; i I Police Station: Source of Complaint Summary Of Complaint Page 1 of 1 Preliminary investigation and Evaiuation Recommendation: After reviewing the allegation as grovided by SAPSfComplainant, the following decision was taken: - Will the matter be investigated byi IPID in full: Yes i No i if ?Yes?, provide reason for decision: If provide reason for decision and method of disposal: Page 2 of 2 OF FULL NAMES OF IPID APPROVED 1' NOT APPROVED FULL NAMES OF IPID OF DIRECTOR INVESTIGATIONS: DATE 3 . This form must be sample?fed for all matters ito Section 28 (1) where a preliminary investigation was conducted Page 3 of 3 CONFIDENTIAL INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE Private Bag X941 PRETORIA. City Forum Building. 144 Madiha Street Tel: {012} 399 000i]. Fax: {012) 325 0403 Emaii: province details @ioid. oov za ta lTil-"lids To: From: Reference: Classi?cation: Suspects: base investigative Report Provincial Management: Province investigator details Station OAS )txxizziZDi 7: Assault GBH: CCN Section (28(i;i(x) Suspects with persai numbers ~oao Summary of Allegations: - Brief description Case Docket Contents: Brief description Reference A1 Case. Docket Content A2 A3 IPID Recommerildation: Based on the information available at this time it is recommended that the investigator create departmental recommendations and refer the case for a decision to the NPA. A Soap Principal Investigator EPID Report can most Date Page i CONFIDENTIA Based on the evidence presented the following determination is made: Complete the following recommendations: Type of recommendation Mark if applicabie Referral to NPA Recommendation to SAPS Policy Recommendation General Closure Report Mr A Soap Rank (Provincial Management) IPID Province CIR Report CCN Page 2 CONFIDENTIAL ID PoLIce INVESTIGATIVE classrooms "a Private Bag X941, [1001. Cilv Forum Building. 114 Madiba Street, PRETDRIA Tel: (012} 399 Fax: {[112} 326 0438. Email: complainisQipidgovza SAPS MEMORANDUM To: Office of the SAPS Provincial Commissioner Province From: independent Police investigative Directorate Province Subject: Initiation of Disciplinary Recommendations in terms off: or the Classification: Reference; Offence: Murder Suspects: Rank, SUSpeet (Persai) Recommendation type: Positive r' Negative Non Summary of Allegations: Case Docket Contents 1. In terms of seotlonf 2011 read with the SAPS Disciplinary Regulations Issue._ on the 1 November 2016 you are hereby directed to initiate disciplinary again "f force number and with force number Investigation is complete and all the necessary reports .ee-attaotied in the docket for your attention. 3. Please tind attached copies of the content of iPiD Case Docket (CON containing thesfeiiovving information: Reference i Case Docket Content SAPS Memorandum CCN Page i CONFIDENTIAL A11 A12 A13 A14 A15 A16 lPiD Recommendation: 4. Based on the above information contained in the case docket the lPil recommends that disciplinary steps is taken against (sus?ects) fort ?assault (offence) of (victim) on (da at approximately (time) at} ""oatren -. 5. The foiiowing provisions Reguiation of the SAPS 2016 Dis iinam, ?guiations have relevance in the merits of this case; 5.1. 5.2. Regulation 3 5.3. Regulation 6. Regulation 5(4) of the SAPS Disciplinary a" latlons"'e also applicable and warrants the institution of an expeditious procedure as provlded? or in Regulation 9. (if applicable} Conclusion awaits your report relatlng toswhen the disciplln was instituted and how the matter was ?nalised to enabie the Instr. hate comply min the provisions of Section 30(0) of the Act. Kind Regards C?eap - Investigator? iPlD Data Provincial mane ei ent Province Memorandum CCN Page 2 CONFIDENTIAL ID InospenoeeT POLICE INVESTIGATIVE oinec'ronn're Private Bag X941, PRETORJA, ?1001. City Forum Buiiding. 114 Madiba Street, PRETORIA re: {012} 399 dead, Fax: (012} 325 dies. Email: complaints?igidgovga Pun Smog?? . opp MEMORANDUM To: Of?ce of the Director of Public Prosecutions Province - From: tndependent Police investigative Directorate Province Subject: investigation: Case Docket for DPP Consideration and Decision 1. Summary of Altegations: 2. Case Docket Contents: 2.1 In terms of Section of the Pill! Act No 1 of 2011 you are hereby requested to mat-re a decision whether or not to prosecute (Rank initials and Surname) with Persai No (persal no) attached to the (Station! Unit! Section) 2.2 The iPlD investigation is compiete and all the necessary statements, technical reports and expert reports are attached in the docket for your attention in accordance with Reguiation of the lPiD Regulations issued on the 10 February 2012 under Government Notice No 35018. . 2.3 Please find attached the original contents of the Case Docket (Station) Gas {oas number) and CCN (ccn number) containing the following information; Reference i Case Docket Content A10 A11 A12 A13 A14 A15 Criminal investigation Referral Report to NPR Page 1 CONFIDENTIAL 3. Dpinion based on its investigation id of the opinion that there: Is a prima facie case that needs to be answered by the suspect(s) a Is no prima facie case that needs to be answered by the suspect(s} is a timitedino chance of a successfui prosecution (Other) 4. Request Based on the information containediin the case docket above. it is the request of the that the NPA should in terms of Section 179(2) of the Constitution of the Repubiic ofSouth Africa make a decision whether or not to institute criminal proceedings against (Rank,lnittaisandsurnarne) with Persal No (persaino) and to carry out any necessary functions incidental to instituting criminal proceedings. '3 5. Conclusion In terms of Section 7(5) of the Act, the awaits your decision in accordance with your constitutional mandate as per Section of the Constitution referred to above, to enable the institution IPID to compiv with its obligations as provided for in Section 715) of Act. Kind Regards (Namelnvestigatar) Date (sass) Province (Name) . Date (Edith) Province Criminal investigation Referral Report to NPR Page 2 ID masseuse-iv? POLIIJE Invesvlamlva DIRECTORATE .- Private Bag X941. necrosis, soot. City Forum Euilding. 1M Madiba Street, PRETORIA a Tel: {012) 399 Fax: {012] 326 0408. Email: complaints@igid.gov.za ??05 cu?of?? DECLARATION OF INTEREST REPORTING FORM Section 25 of the-lPlD provides that: l3. it? No member of the Directorate may conduct an investigation, or render assistance with an investigation in respect of a matter in which he or she has a financial or anyr other interest which might preciude him or her from exercising or performing his or her powers, duties and functions in an objective manner. if, during an investigation, it appears to a member of the Directorate that a matter concerns a financial or other interest of that member as referred to in subsection (1), that member must:- immediately and fully disclose the fact and nature of that interest to the Executive Director withdraw from any further involvement in that investigation." The process to make a decision regarding the conflict of interest is outlines as per Paragraph 8.19 of the Standard Operating Procedure. Details: Name of person making declaration . Case number (CCN) effected Type of matter in terms of Section 28(1) State nature of conflict of interest: Page 1 of 1 Signature of Investigator: Full Names of Investigator: Based on the application and reason{s} provided above the following decision is taken by the immediate supervisor: - Details: Name of person making decision: Name of person making application: Case number (CON) effected Decision Conflict No Conflict Escalated for decision Reasons for Decision Page 2 of 2 Full Names Supervisor: Date . Signature Supervisor: Based on the application and reason(s} provided above the final decision is taken by the relevant, delegated authority: Details: Name of person making decision: Name of person making application: Case number (CON) effected Decision Conflict No Conflict Esoalated for decision Reasons for Decision Full names of person making final?deoision: Rank of person making final decision: Signature of person making final decision: Date Page 3 of 3 I31 1 Manual register [as per SUPS 2010:2020] i? i1 CONFIDENTIAL 11? ID Pouce INVESTIGATIVE DIRECTORATE . Private Bag xs41. 00014 City Forum Building] 144 Madiha Street,- PRETORIA -. Tel: {012} 399 G000. Fax: [012} 325 0408. Email: crowince details @jpidoovze Cuffs: cu Closure Report To: Provincial Management: Province From: Investigator details Reference: Station CA8 Assault GBH: CON Suspects: Suspects with persal numbers - Constable D8 ap Summary of Allegations: Brief description Case Docket Contents: Brief description Reference - I I: et Content A2 A3 A4 A5 Analysis made 9 itiveiee?gtive departmental recommendations and referred the case to the NPA for decision. Ciosure Report CCN Page 1 CONFIDENTIAL SAPS outcome: Based on the recommendation: forwarded to the SAPSIMPS departmental steps were taken and the following results were forwarded by the SAPSIMPS regarding the disciplinary recommendation. Member details Persal number Outcome/Section NPA decision The matter was referred to the NPAffor decision and the foliowin? decision was tak' To prosecute Not to prosecute The matter was placed on the court-roll as per . fs ppe'aii?ace Last appearance Court name Case Number After the matter went to court the followingwutc?o obtained: Outcome Guilty Not guiltyr The Case Ma??ge - Date Mpurq anga Mr Date Provincial Management Province Closure Report CCN Page 2 i343 ID Inoenenoen'r POLICE mvesnonTwa DIRECTORATE Private. Bag X941. PRETDRIA, City Forum Building, 144 Madiha Street. Tel: {012} 399 {012} 326 0408. Email: Qtoo: were?? Case Control Number: 201?020098 Archiving Date: Subject: Electronic Archiving of Case CCN Manual comparison regarding docket content and CMS upioad: Manual comparison has been done and the following was established: . Content is uploaded in full a Not all content has been uploaded and referred back to responsible investigator I Verifying of?cials details: Name: Signature: Con?rmation that entire docket has been uploaded onto the system . Docket uploaded and case: ready for closure Approving officials details {Provincial Management}: Name: Signature: Date Date Standby Notification Reference Register Recedanrdr . CONFIDENTIAL ID INDEPENDENT POLICE ENVESTIGATIVE otneot?onnfs i Q: ??95 ??090 Private Bag X11325. Nelspruit. 12W. i=1Floor. Permanent Building. 2? Brown Street, Nelspmit. 1201 Tel.: {013} T54 1004i] Fax: Emaii: oomglainmipidgoeza l3 is? 1 Written complaint received, stamped (including time) and ?led 2 Complaint registered on Manual Registration Register 3 Time and. date on complaint. correspond with information on Manna: Registration Register and won Informatlon on CMS 4 Complaints form uploaded . L- 5 Crime scene form uploaded (if applicable) 6 CIC confirmed classification 7' CIC - allocation to investigator and directives issued 8 BIF issued and all subsequent adhered to 9 Docket uplifted and record time period since complaint received tili docket uplifted 10 Acknowledgement sentihanded tolireporting personfofficeiinstitution 1 1 Correspondence sent to ComplainantNictim (A1) and filed 12 Forwarded to Supervisor for instructions 13 Victim statement (Veri?ed if obtained by SAPS) 14 Statements of witnesses if any available {Verified if obtained by SAPS) 15 SAPS 1O 16 SAPS 14 {Sec 28(1)(a) and 1? SAPS 15 18 SAPS 132 (B) 19 iPlD preliminary report completed for Sec 28 (1) (not required for a full investigation) 20 Firearm permit and info reiating to last training on firearm in question obtained 21 AVL Tracking Reports 22 J88 Ii Medial Reports 23 Septr of any cases related (B-olipi 24 OnfOff outy Statements 25 Scene Photos 81 Pian Key 26 PM Report 2? PM Photos 28 Ballistics Report 29 PR Kits Report 30 CONFIDENTIAL This investigation is deemed to be a complete and quality investigation and open perusal Bloodelcohol Reportil 31 Blood and Skin Biopsy tests (Torture cases) 32 DNA Report (Rape) I 33 First Report (Rape) . 34 Section 205 (Corruptionu Telephonie Bank statements) 35 Section 252(8) Application Entrapments (Corruption) 36 Chain Statements (SAP 13 Exhibits; Blood Kits; Deceased) 37 Ambulance Transportation Report: 38 Toxicology Report 39 Warning Statements of alleged suspects 4D HO Statement at Scene (if applicable) :1 Statement 43 Docket and all applicable documents uploaded to CMS 44 Update ComplainantNictim 45 Family iiaison clone 46 Disposal of 3 Exhibits 4? completed 48 Recommendationsfreferrals drafted 49 Recommendationsireferrals approved (Supervisor and Prov. Man) 50 Recorded in recommendationireferral register 51 Acting letters where applicable 52 Section 28(1}(h) approval documents I .33 Section 28(2) approvai documents: 54 recommendation evaluation form completed and submitted to National Office along With recommendation 55 NPA referral evaluation form completed and submitted to National Office along with referral tF NOT APPLICABLE TO INVESTIGATION AS SUCH of the docket, this investigation is deemed to be completed. Verified by: Name 3 Date Signature i?ipprovedil Not Approved CONFIDENTIAL MHMS Date Titl - Docket Movement Register {as per SOPS 2019:2020) F3+u Racewedhr. . i317 Active Brought Forward Register (as per SOFS 2019f2?20} shaman Aims-armada! Macaw? 8-17 PDM Brought Forward Register {as per SOPS 201 91'2020) WM WWI-?date Inspectedondm 11%2? CONFIDENTIAL X1) ID teaspenoem POLICE INVESTIGATIVE oiaecvoan're Private Bag X941, GUM. City Forum Building, 1?14 Madiba Street. PRETORIA Tel: (012) see econ. Fee: (012} 325 04GB. Email: compiaintsQigidgovza a (?Tm ?elicit-?uI RECOMMENDATION REPORT To: SAPS Management From: of?ce details Subiect: Report on IPID investigation classification: Section Death as a result of police action (as at the Act) Reference: Station con Suspects: Rank, Suspect (Persai) T371 3" Summary of Allegations: Analysis: IPID Recomm?'?'?atio 1. Based on the informs-lion cor-i allied to the case docket the iPiD recommends that the case be completed and subsequently closed as provided for' in the Standard Operating Procedure as a e'neral Completion relating to "n*ipietion Type Undetected (Suspect cannot be identified} Undetectedi (GrimelOtfence cannot be established} Undetected (Complainant uncooperative) Closed as Referred Conciusion Based in the investigation conducted and evidence obtained, is not in a position to refer the case to the NPA for a decision nor make any recommendations to the and as a result the request is that the case be completed by means of (indicate which method is suggested} General completion recommendation report? CCN Page 1 CONFIDENTIAL iPlD is not expecting any,?r feedback as this document is forward to your office for your information oniy. Kind Regards Soap Date Principal Investigator Province ApproveoINot approved! CorerrienteE Mr Provincial Management Province General completion recommendation report CCN Page 2 IS-ICI CONFIDENTIAL KP ID POLICE INVESTIGATIVE DIRECTORATE Private 839 X941 PFIETORIA City Forum Building, Madiba Street. [012i 399 DDIID Fax: [012} 326 0408 Emailzc comg laints@igid govaz {Wes were?? RECOMMENDATION REPORT Applicable stakeholder From: IPID Of?ce details Subject: Policy Recommendation Report IPID ciassification: Section 28(1)(b) Death as a result of police action (die ?the Reference: Station CA3 EPID: CCN Suspects: Ran-k, Suspect (Persel) TH-EISUSPEC uatgnown) Summary of Allegations: Anaiysis: Policy IdentIfIcatIonand Shortcomings estahltehed that there Is a defIcIency In the policy that would have enabled IPID tonnVestIgateithe aiiegation. polIcy should be looked at, reviewed, and amended. IPID RecoIn'I'. Iendatron Based on the ahoIIe information contained in the case docket, the IPID recommends that the identified policy be amendedfreviewed relating to the following: 1 2 138881388 3 Conclusion Poiicy completion recommendation report CCN Page 1 CONFIDENTIAL As has not got the mandate to :enforce poiicy changes, it can however bring such deficiencies under your attention. wouici encourage the review of the policy in order to assist with future investigations of cases brought to the attention of IPID. is not expecting any feedback as this document is forward to your office for your information only. Kind Regards Mr A Soap Principai Investigator IPID Province Approvediot approved! Comments: Mr Provincial Management lPiD Province Date Policy completion recommendation report CCN Page 2 ?p '16? i to ?I?Htw ?nu? APPLICATION TO BE ISSUED WITH A PERMIT T0 POSSESS AN IPID FIREARM ANN EXU RE 1 APPLICANT ?8 DETAILS Full Name: Identity No: Persal No: Flank: ProvincetOtfice: Physical Address; Type Of perm Ii Fixed Temporary 2 Documents submitted in support of the application Checklist Director Investigations Responsible Person ?r?esiNo Comment YesiNo Comment 2.1 Certified copy of identity document 2.2 Originai competencyr certificate issued by SAGA accredited Service Provider 2.3 Copy of SAPS Criminal Clearance Form 2.4 Completed fitness questionnaire on competency to possess a firearm [Annexure 4) Date: InvestigatorlCase Worker Recommendedfnot recommended Date: Director Head Approvedfno approved Date: Responsible Person Page 1 of 1 ., ANNEXURE 2 APPLICATION TO BE ISSUEDWITH AN FIREARM, AMMUNITION AND RELATED EQUIPMENT 1 APPLECANT ?5 DETAILS Full Name: I Identity No: Persal No: Rank: ProvincetOffice: Physical Address: 2 Documents submitted in support of the apptication Checklist Yes No 2.1 Permit holder 2.2 Made written request to Security and RP to be issued along with proposed date 31 time 2.3 Sate verification form 2.4 Does Provincial Management know that the official has applied for issue and will have firearm on their person? Date: inuesttgatortCase Worker Approvedtno approved Date: Responsible person Date: Security Representative Page 2 of 2 Annsxuss DECLARATION OF FITNESS TO BE ISSUED WITH A AMMUNITION AND RELATED EQUIPMENT t, the undersigned Full Names: ID Nc: Parcel No: Gender: Physicai Address: Do hereby declare and state that the affidavit deposed hereto is to the best of my ability both true and correct. 1. I am of stable mental condition and not inciined to violence. 2. i am not dependent of any substance which has an intoxicating or narcotic effect. 3. i have not yet been convicted of any offence under or in terms of the Firearms Control Act 2000 (Act No: 60 of 2000} or the Arms and Ammunition Act 1959 (Act No: ?5 of 1969} and sentenced to a period of imprisonment without the option of a ?ne. i have not been convicted of an offence invoiving: 4.1 tIticlence of sexual abuse whether committed In or outside South Africa and sentenced to a period or" Imprisonment without an option of a ne 4.2 Physicai or sexual abuse which occurredyvithin a domestic relationship or defined in section 1 or any offence in terms of the Domestic Violence Act, No 116 of 1098), A. 3 Fraud In relation to. or supplying tat ise information for the purpose of obtaining a competency certificate license permit or authorization' In terms of the firearms Control Act 200 {Act We 60 of 2000) or Arms and Ammunition Act 1980 Act No. 7'5 of 1969). 4.4 Abuse of aicohol; or drugs whether committed In or outside South Africa and sentenced to a period of imprisonment without the option of a tine Page '3 of 3 4. 5 Dealing with drugs whether committed or outside South Africa and sentenced to a period of imprisonment with that option of a fine 4.6 The negligence of handling a ?rearm, - 4. An offence In terms of the Explosives Act. 1965 {Act No. 26 of 1955) and sentenced to a period of imprisonment without the option of a fine . 4.8 An offence involving sabotage, terrorism,=public violence, arson. intimidation, rape, kidnapping or child stealing, whethercommitted in or outside South Africa. 2 5. have not been declared unfit to possess; a firearm in terms of the Firearms Controt Act. 2000 or the repeated Arms and Ammunitions Act, t969, . 6. havesuccesstutly completed the prescribed training and the test for the safe use of firearms and issued with a competency certi?cate in compliance with SAQA Unit Standards HITDS. 119649 and 123515, I will store the forearm at my place of residence In a safe that conforms to the prescriptions of SASS Standards 953-1 and 953-2 and . 8. I hereby aiso. undertake to inform the Director tnvestigations of any changes consequential or not in whole or per to or with any of the facts or statements made and sworn or af?rmed to by me in terms mentioned within the body of this affidavit I know and understand the contents of this statement. I have no objection to taking the prescribed oath. I consider the prescribed oath to be binding on my conscience. swearfaffirm that the contents of this statement are true and correct. Depone'nt ?5 Signature Page 4 of 4 I certify that the depenent has knowledgedhat *hefshe knows and understand the contents of this deefaratien which was *swomfselemm?y affirmed te beforejrne. and that the depenent 's signature was placed in my presence. Signed at on this tday) of (month) (year) Signature Commissioner cf Oaths Full Names: Designation: Place: Date: *Deiete where not applicable. Page 5 of 5 . . ANNEXURE 4 FITNESS QUESTIONSAIRE 0N COMPETENCY T0 POSSESS A FIREARM Name: Persai No: ProvinceiComponent: Name of person interviewed: Date of interview: 1. What is your relationship with the employee: 2. How long have you known the employee: 3. In your opinion, does the employee have any tendency of violent nature? Please give reasons to your answer: 4. Are you aware of any case of Domestic Viotenoe or Criminal matter involving the use of violence pending against himiner? Please give details. 5. Do you consider the employee to be fit to possess a ?rearm: Signature of interviewee: Place: Date: Name of official: Signature: Date: Page 5 of EM 3 annexuee 5 rein SAFE FORM l, the undersigned, the Director Investigations of the Office of the IPID, Confirm that, I have satisfied mysetf that a safe issued by the lPiD, to the Investigatori Case Worker, in terms of this SOP, Has been installed at hisiher residence at In the manner provided for in Annexure The lnvesligatorfCase Worker has undertaken to return the safe or reimburse IPID with a reason-able or fair veins of the same upon resignation, transfer or dismissal. Signature of Director Investigations Dale Sig nature of investigator! Case Worker - Date PS. This form shall be completed in dupiioete and the original be kept by the Director Investigations, in the event of himl'her being the issuing officer, and a copy thereof shaii be forwarded to the Responsible Person within 10 working days of issuing a ?rearm, ammunition and related equipment. Page 1? of ANNEXURE 6 REQUIREMENTS FOR SAFES. STRONG ROOMS. APPARATUSES. DEVISE-S OF INSTRUMENTS FDR SAFEKEEPING 0F FIREARMS AND AMMUNITION SAFES The requirements with which a safe for the safekeeping of firearms and ammunition shell comply: 1.1. Material: the construction of theisafe shall be of mild steel of commercial (or higher} quality, 1. Side thickness, the thickness of the floor, roof and sides shall be at ieast 2mm and the wall thickness of the door shall be at feast 3mm. 2. Specific requirements in respect of the design and construction of the door of a safe referred to In this regulation. shail be following. 2 1. Opening: The door is ctosed; there shall not be an opening of more than 1 mm between the door and the doorirame 2.2. Looks: The safe door shall be equipped with one iever which shall have not less than 10 ievers of which not iess than tree shall be provided with false notches or a combination iock of the type which has three gears or an eiectronic lock which complies with the requirements approved of South African Bureau of Standards: . 3. The safe shall to the satisfaction of the Range Officer 3.1. Be af?xed flush to a floor, wail orgother immovable structure or part thereof of the house, flat, residence or other dwelling piece of an applicant concerned. 4. STRONG-ROOM 4.1. The walls, roof, floor shati be of reinforced concrete of not less than 300mm, 4.2. The door must be manufactured from steel, 4.3. The thickness of the door shall not be less than 6mm and the door shall be equipped with at least three boits, 4.4. The safe door shali be equipped with a one lever lock which shalt have not less than ten levers of which not less three shalt be provided Wi th tfalse notches or a combination lock of the type which has three gears or an electronic lock which complies with the requirements approved of nv South African Bureau of Standards, and . 4.5. A switch shalt be instalted on theginside of the strong-room connected to a external warning device such as ?ashing light or an alarm. Page 3 of 8 5 APPARATUSES AND INSTRUMENTS The requirements. with which apheratuses and instruments shall oomphf with. shall he the following: 5.1. Be manufactured from'steeliof at least 2mm thickness, 5.2. Be capable of enclosing or covering the arm concerned wholly, 5.3. Have an effective integral locking mechanism. 5.4. Have hinge mechanism for the cover or lid thereof which shall ensure that if the locking pin thereof is removed. -f 5.5. Have another mechanism fer the cover or lid thereof which shall ensure that if the hinge mechanism is removed. the cover or lid shall nevertheless not being opened or removed. and 5.6. Have a facility with the aid or use of which the apparatus or instrument may be affixed to another structure such as a wall or afloor Acknowledgement by Official Date: Page 9 off-J .- t. ANNEXU RE 7 DECHARGE REPORT FORM SECTION A InvestigatortCase Of?ce! Rank Date of Worker Component Appointment Date if incident Time 2 Place Intoutdoors Lighting Arti?ciaii Duty status {GoodiPoor} Natural {Dntoti} Type of Assignment if on duty Reason for Defend {self} Discharging 3 Defend {others} Dthertspecify} Number and 1 . Names of of?cials 2_ Originalty at scene 3. Did you have prior knowledge that the situation involved a person with a dangerous weapon {YestNo} Who ?red ?rst (investigatorf?ase Worker or party Did you have firearm dream and ready for use {YestNo} inuestigatoriCase Worker?s Weapon- Other issued ?rearm (Yestot {specify} Make Serial Number of rounds If not No. of ammunition ?rearm describe it Number of 3rti Gender Number of 3rd parties parties (MatetFemale) arrested involved in the Discharge Number Did you have Did you of shots time to aim have time to fired (Yesfhioi 3 reload (Yesihlo) Location of victim's in In view No weapon IEither Weapon on initial hand {Xi seen specify contact? Distance between you and 3rd Distance between you and 3rd party before ?rst shot was ?red party when last shot was tired Position of Standing Sitting Crouching Lying down- tnvestigatoriCase Worker a ?rearm was discharged Protection used by Wall Furniture Tree Motor Vehicle Other 3111 party {specify} Protection used by Wall Furniture Tree Motor Vehicle Other InvestigaionlCase (specify) Worker Describe protective clothing used by Page ID of 10 InvestigaterfCase worker SECTION Describe the incident in detail: Investigating Officer InvestigaterfGase Expect Marksman Sherpsheoter Qualified Not Werker ?5 qualified Firearm Quaii?catien Signature Date Page 11 of 11 ANNEXURE or: LOSSITHEFT OF FIREARM Name Rank: Office: Make of firearm: Model: Seriai No: Caliber: Date issued: Date iossitheft: Director Investigations: Has the theft or loss been SAPS CA3 Ref'No: reported to SAPS: Yeemo Narrative deeoripti on of what led to the; of a firearm: investigatorICaee Worker Date: Recommendations: National Head of investigations Date: Page 12 of 12 rm, 1 ?until? 9 ANNEXURE ACKNOWLEDGEMENT OF THE CONSEQUENCES FOR NEGLIGENT HANDLING USE AND LOSS OF A FIREARM lr the undersigned; . empioyed as a at 5 offices of the have taken note that. In terms of this SOP (as may be amended from time to time}, the following instances constitute misconduct: 1. If I lose a firearm in a negligent manner, I fail to keep a firearm which is in my lawful possession in a safe, or fail to take reasonable steps to keep the ?rearm safe when I carry such firearm on my person or have such firearm under my direct control: or If I, while I am in lawful possession of a firearm, lose such firearm through negligence; or it i. unlawfuity discharge a fireanm and thereby negligently injure. endanger the lite or limb of another person or damage property of any other-percent or if I handle a firearm in any negligent manner, whether that firearm discharges or not; or if I handle a firearm while i am under the in?uence of iiguor or drag which has a narcotic effect. or if I supply a firearm to. a person whom I khow or should reasonably suspect to be under the influence of liquor or a drug which has a narcotic effect: or If other than in the exercise of any power or the performance of any duty granted to or imposed upon me under or by virtue of the provisions of any law. or under circumstances where such action is justified under the common law, discharge a firearm in or any public place or on any public road. or any other piece to which the public or a part thereof has access. 1 am also aware that if is unsafe and negligent to leave a firearm 1, 2t 3. Inside a motor vehicle whether lacked or not; In any other place other than a prescribed safe; Under a pillow in a briefcase in_- a cupboard drawer or other storage place In a house. room office whether locked or not; i have also taken note of the fact thatfin the event of losing the firearm issued to me, the Independent Police investigative Directorate has the right to recover the amount of the value of the test firearm from me Page 13 of 13 I am in my sound and sober senses and irknow the meaning cf contents of this certificate Place Date Signature of iPiD InvestigatoriCase Worker Read and exptained to the investigatoriCase worker by me. Heishe is in histher sound and sober senses and has indicated to me that hefshe knows and understands the contents and meaning of the contents of the above mentioned certificate. Signature of Director Investigationsf Ptovinciai Head Piece Date Page 14 of 14 ANNEXURE 16 REPORT or AN UNSAFE FIREARM Name Rank: Office: Name of firearm: Model: Serial Ne: Caliber: Date Issued: Offiee issued by: Director InvestigatiensiPrevinciai Date that firearm became unsafe Head: on: Narrative description of what eases the firearm in be unsafe: Processing of Repair: Date received Received by: Name of person reapensihle fer repairr Narratiaeideseripiian of action taken: Date: Signature of Range Officer Page 15 of 15 IPID FIREARM. AMMUNITION AND RELATED EQUIPMENT FORM ANNEXURE 11 issuing Office: iPlD InvestigatoriCase Worker: Date: Firearm: 1. Manufacturer 2. hiialtaf Model 3. Serial No. 4. CaliberiType 5. Barrel length 6. Finistheseription Ammunition: 1. Quality of ammunition issued I 2. Type of ammunition Magazine: Holster: 1. Number of magazines issued i 1. Number of holsters issued 2. Type of holsters issued 3. Number of safes issued Safe: Type of safe Serial number of safe Makeilia?lotiel Manufacturer Number of keys Key's serial number Location of the safe Signature of Recipient Signature of Responsibie Person Signature of Seeurityr Officiai Date Date Date Page 15 of 15 ANNEXURE 12 FIREARM, AMMUNITEON AND RELATED EQUIPMENT FORM PROVINCIAL MANAGEMENT Name iPlD investigator: Office: Date: Name of firearm: Elioeleill Caliber: Serial No: Provincial Management who did inspection: Items inspected Checked in line with Comments originally issued indicate YesiNo or Net is Applicable Firearm Permit Ammunition - interim.r number and type of rounds against what was presented vs what was issued Magazines Holsters Mag Hotsters Does firearm seem in working order and clean? 2 Remarks by Provinciat Management: Signature of lPiD investigator DATE: Signature of Provincial Management DATE: Page 1? of 1? UPID 0F FAILURE TO QUALIFY FOR THE ISSUING OF A FIREARM ANNEXURE 13 To: Your Application to be issued with a fisearm dated was evaluated and it was decided that an IPID Official Firearm not be issued at present. Reasons 1' Signature of Responsible Person Date Page 13 of 13 xv 110 ANNEXURE 15 Ja- n. FEM unduly" WITHDRAWAL 0F FIREARM PERMIT AND OFFICIAL FIREARM DUE TO IDENTIFIED ILLNESS Province: Date: Case Worker affected: It has come under the attention of the provincial management that the case worker identified above has been dispiaving a perceived illness: ldentifiedireported tendencies associated with: hir Description Mark with 1 Signs of depression . 2 Diagnosed with anv depression related disorder 3 Threatening tendenciesfbehavior towards anyone 4 Expressed the feeling of hurtingfkiliing themselves 5 Expressed the feeling hurtingfkilling anv family/next of kin 6 Expressed the feeling of hurtingfkilling anv co-worker Other: 3 Based on the perceived riskls} identified above, I, in my capacity as herebv evoke IPED Firearm paragraph 13.2.2 allowing myselfto suspend the identified case workers firearm permit andjor remove their issued of?ciai firearm. Signature: Signed by: Position: Date: I, the effected case worker, hereby acknowledge the decision taken and accept a challenge. Signature: Date: Page 19 of 19 yi- I turn? thy-10?? ANNEXURE 16 REPORT OF DISCHARGE BY PROVINCIAL MANAGEMENT TO NATIONAL HEAD OF To: The National Head of Investigations From: Provincial Management {province} Provincial Management hereto,r would like to of?cial notify the National Head of investigations of an notification of a discharge of an official firearm as informed bv Membeds) involved Office Position Date of discharge lniuries sustained Number of people injured Rounds discharged Preliminary observation relating to discharge sehc defense Defense of others Facts surrounding discharge still to he established Case reported to SAPS Case reported to DPCI Please find attached the discharge form as received relating to the discharge as per Annexure Your office is requested to appoint ad Administrative Investigator to investigate the said matter. Any other comments: Name and surname Rank Date Page 2B of 2G .u'k 1 ?Alum? RESULT OF ADMINISTRATWE INVESTEGATIDN To: From: Responsible Person Through: Firearms Control Committee Through: National Head of Investigations There has been information recei conducted. ANNEXURE 1? tied based on which an administrative investigation was Find below the decision of the Responsible Person after consultation with the FCC and the Nationai Head of investigations: Permit status Remain in place Withdrawn Suspended Su5pension period Additional conditions Retake applicable SAGA unit standard Warning (verbal) Warning (written) Other: vaou are not satisfied with the outcome andx'or decision, note that in terms of the 'poiicv you mav appeal to the Executive Director within 21 davs of receiving this outcome notice. Name and surname Rank Date I. acceptr?appeal the decision and outcome. Name and surname Rank Date acknowledge receipt of the decision and Page 21 of 21 ANNEXURE 18 FOR RENEWAL OF FIREARM PERMIT 't APPLICANTS DETAILS Fuil Name: Identitv No: Parcel No: Rank: ProvinceiO?ice: Physical Address: Current Type of permit Fixed Tempgrary Has member attended practical shoot in last 12 months under the supervision of a qualified Range Officer? as 0 Did the member pass the shoot to relevant SAGA unit standard levels? as 0 Has the of?cial discharged their official ?rearm Yes No (givateiof?cial capacity) Has administrative investigation been conducted Yes No Has administrative act ion been finat ized and'decision taken by Yes No Based on decision is member still allowed to have a Yes No pennh? 2 Documents submittedin support of the application Checklist Responsible Person - Yesto Comment 2.1 This document endorsed tiv Provincial ManagementiT ask Team supervisor? 2.2 Is ?tness declaration (Annexure 3} ahached? 2.3 is fitness questionnaire (An heaters 4} attached? 2.4 Is proof of practicai shoot attached (sworn statement by RC be sufficient}? 2.5 Sufficient proof to consider the request? Page 22 01?22 Date: IPID investigatorfCase Worker Date: Director Head approved Date: Responsible Person Page 23 of 23 AMMHNITION AND RELATED EQUIPMENT RETURN FORM ANNEXURE 19 Issuing Office: iPlD lnvesti?atoriCase Worker: Date: Firearm: 7. Manufacturer 8. Make! Model 9. Serial No. 1D. Caliberl'Type 11. Barret Ieng?i 12. Finis thescription Ammunition: 3. Quality of ammunition returned 4. Type of ammunition Magazine: 4. Number of magazines returned Holster: 1. Number of bolsters returned 5. Type of holsters returned 6. Number of safes returned 8. Type of safe 9. Serial number of safe 1U. MakeiModel 11. Manufacturer 12. Number of keys 13. Key?s serial number ?14. Location of the safe Permit 1. Permit issued and handed over. Signature of Recipient Signature of Responsible Person Signature of Security Official Date Date Date Page 24 of 24 10 Rag/"i. ?11-h? Inn-v13? ANNEXURE 2U EQUIPMENT ESSUED AND INSPECTED FOR FINANCIAL YEAR: 2131 Name iPiD Investigator: Office: Date: Provincial official who did verifieation:? Equipment details: Equipment issued {issued? Description inspected Firearm Ammunition Holster Firearm Permit iDiAppointment card Bulletproof vest and or plates iPlD branded oiothing Torch _Diotaphone Handcuffs Fingerprint pad Laptop 3G Other Signature of IFID investigator DATE: Signature of Provincial Management DATE: Note any discrepancy identi?ed report must he submitted along with proposed intervention Page 25 of 25