09 April 2020 VOTE 24 ANALYSIS OF THE 2020-2025 STRATEGIC PLAN, 2020/21 BUDGET AND ANNUAL PERFORMANCE PLAN (APP) OF THE INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID): VOTE 24 TABLE OF CONTENTS 1. INTRODUCTION ............................................................................................................................. 2 2. IMPACT OF COVID-19 PANDEMIC .............................................................................................. 2 3. APPOINTMENT OF EXECUTIVE DIRECTOR OF IPID ................................................................ 3 4. LEGISLATION AND KEY POLICIES ............................................................................................. 4 5. 2020/21 BUDGET ALLOCATION .................................................................................................. 6 5.1. Overall budget allocation ......................................................................................................... 6 5.2. Budget allocation per budget programme ............................................................................... 7 5.2.1. Administration Programme .............................................................................................. 7 5.2.2. Investigation and Information Management Programme ................................................ 8 5.2.3. Legal and Investigation Advisory Services Programme.................................................. 9 5.2.4. Compliance Monitoring and Stakeholder Management Programme ............................ 10 6. PROGRAMME PERFORMANCE ................................................................................................. 11 6.1. Technical indicator descriptions ............................................................................................ 11 6.2. Administration Programme .................................................................................................... 12 6.3. Investigation and Information Management Programme ...................................................... 13 6.4. Legal and Investigation Advisory Services Programme........................................................ 14 6.5. Compliance Monitoring and Stakeholder Management Programme .................................... 15 7. CONCLUSION .............................................................................................................................. 16 8. REFERENCES .............................................................................................................................. 16 PURPOSE OF THE VOTE Ensure independent oversight of the South African Police Service (SAPS) and the Municipal Police Services (MPS). Conduct independent and impartial investigations of identified criminal offences allegedly committed by members of the SAPS and the MPS; and make appropriate recommendations. MANDATE The Independent Police Investigative Directorate (IPID) exercises its functions in accordance with the Independent Police Investigative Directorate Act (2011). The Act gives effect to the provisions of section 206(6) of the Constitution, which provides for the establishment of an independent police complaints body that must investigate any alleged misconduct of, or offence committed by, a member of the police service. The thrust of the Directorate’s work is to investigate serious and priority crimes allegedly committed by members of the South African Police Service and the Municipal Police Services. Research Unit Author: Nicolette van Zyl-Gous Contact details: 021 403 8416 1. INTRODUCTION The 2020/21 Annual Performance Plan (APP) of the Independent Police Investigative Directorate (IPID) provides measurable performance indicators and targets against which its performance and service delivery outputs will be measured at the end of the 2020/21 financial year. These targets are budgeted through the Estimates of National Expenditure (ENE) (or Budget), and together these two documents provide a cohesive picture of the direction the Department is moving towards during 2020/21. In turn, these documents are informed by and based on the IPID Strategic Plan 2020-2025, which identifies the medium term strategic priorities of the Department. These Departmental priorities should also be aligned with the broad strategic goals and priorities of Government as stated in the Medium Term Strategic Framework (MTSF) 2019-2024. Of relevance is Priority 5: Social Cohesion and Safe Communities. Although the work of IPID is aligned to the MTSF, it is not clearly stated which performance indicators apply. To contribute to the achievement of Priority 5, the Directorate will focus on strengthening its human capital to improve the quality of investigations for serious and priority crimes, and collaborating with stakeholders to monitor the implementation of recommendations from the outcome of investigations. This paper provides a summary and analysis of the 2020-2025 Strategic Plan, 2020/21 Budget and APP of the IPID in preparation for Parliamentary oversight by the Portfolio Committee on Police during deliberations scheduled for 17 April 2020. 2. IMPACT OF COVID-19 PANDEMIC On 15 March 2020, President Ramaphosa declared the COVID-19 pandemic a national disaster and on 23 March 2020, announced a national lockdown that started from midnight on 26 March 2020 and would run for 21 days ending on 16 April 2020. Thus, the Disaster Management Act, 2002 (Act No. 57 of 2002) was activated and on 25 March 2020, the Minister of Cooperative Governance and Traditional Affairs (COGTA), Dr Dlamini Zuma gazetted the Regulations in terms of the Act, which provided clarity on the restrictions of movement of people and trading in non-essential items. The SAPS, together with the South African Defence Force (SANDF) and the Metro Police Services, were tasked to enforce these restrictions.1 This has been accompanied by various challenges, especially police brutality. The 21-day lockdown period presented an extraordinary policing environment for South Africa, of which a crucial component was the professionalism of the SAPS to enforce the regulations with regard to South Africa’s democratic (and human rights based) policing environment. Unfortunately, various reports and videos of police brutality have circulated since the lockdown started. On 04 April 2020, the IPID was investigating eight cases including 6 cases of death as a result of police action and 2 cases of death in custody. Incidentally, by this date, the police had killed more people in enforcing the regulations than people that had died of the COVID-19 virus. The impact on the achievement of performance targets and expenditure could likely be limited in that there would presumably be less contact between the public and the SAPS, other than during the 1 On 25 March 2020, the President submitted a letter to Parliament noting the deployment of 2820 Members of the SANDF to assist the Police in maintaining law and order at a cost of R641.2 million. In addition, on 17 March 2020, the SANDF called up members of the Reserve Force to assist the regular force where required. Research Unit Budget and APP Analysis of IPID 2020/21 Page 2 of 16 enforcement of the regulations. Such reports have already decreased during the second week of the lockdown period. Comments The Committee should consider requesting that the IPID differentiate the cases reported during the lockdown period separately to ‘normal’ cases. These cases should ideally be prioritised by the IPID. The Committee should also request the SAPS to report specifically on these cases and whether the recommendations made by IPID were implemented. The Committee should request the IPID to indicate whether the Department is working with the Military Police/Military Ombud in information sharing to investigate all instance of abuse of power by members of the SAPS, MPS and SANDF. The Committee should request the IPID to outline the implications of COVID-19 on budget and performance targets for the 2020/21 financial year. 3. APPOINTMENT OF EXECUTIVE DIRECTOR OF IPID The 5th Parliament was marked by conflict over the tenure of the Executive Director of IPID which was the basis of three court cases. The former Executive Director’s contract of employment ended in February 2019 and was not renewed for another term. The former Executive Director challenged the non-renewal in the High Court, which facilitated an agreement that the Portfolio Committee on Police deliberate on the merits of renewal/non-renewal. On 28 February 2019, the Committee recommended that Mr McBride’s contract should not be renewed. The decision is currently being challenge and will presumably be referred back to the Committee depending on the outcome thereof. As stated above, the position of the Executive Director of IPID became vacant from 01 March 2019. On this date, Mr Victor Senna (Chief Financial Officer: IPID) was appointed as Acting Executive Director of the IPID. Since then, the position has not been filled permanently. However, as per the Public Service Act, 1994 (Act No. 103 of 1994), a vacant position may not be filled by an acting person for longer than one year. As such, the Minister of Police appointed Mr Patrick Setshedi (Director for Finance: IPID) as Acting Executive Director for a two-month period starting from 01 March 2020 to 30 April 2020. The Portfolio Committee on Police discussed the topic of the Executive Director of IPID on 04 March 2020. The Deputy Minister of Police indicated that the Ministry would embark on a headhunting process to appoint the new Head of IPID, as previous rounds of recruitment did not deliver a suitable candidate. The Committee had a robust discussion on the topic during which the concerns around the headhunting process were raised, including that headhunting is not guided by legislation or regulations. It was decided that three candidates (with CVs) would be presented to the Committee for approval. Section 6 of the IPID Act, 2011 (Act No. 1 of 2011) guides the appointment of the Executive Director of the Directorate. It states that –  The Minister of Police must nominate a suitably qualified person for the appointment in a process determined by the Minister.2 2 Section 6(1) of the IPID Act, 2011 Research Unit Budget and APP Analysis of IPID 2020/21 Page 3 of 16   The relevant Parliamentary Committee must confirm or reject the nomination (within 30 parliamentary working days).3 The Minister must fill the vacancy within a reasonable time, which period must not exceed one year.4 Based on the provisions of the Act, the Minster of Police is in contravention of section 6(5) in that the period provided for the appointment of a permanent Executive Director has lapsed. 4. LEGISLATION AND KEY POLICIES Strategic Plans follow a structured format for all government departments. Part A of the Strategic Plan titled “Our mandate” contains the following sections:  Constitutional Mandate  Legislative and Policy Mandates  Institutional Policies and Strategies over the five-year planning period  Relevant Court Rulings The IPID Strategic Plan 2020-2025 does not follow this template. The table below illustrates the difference between Part A: Our Mandate of the Strategic Plans of the SAPS, CSPS and the IPID. Strategic Plans Part A: Our Mandate – SAPS, CSPS and IPID SAPS CSPS Legislative Mandates  Civilian Secretariat for  Civilian Secretariat Acts impacting on Police Service Act No. for Police Service Departments (Selective 2 of 2011 Act No. 2 of 2011 examples for SAPS and  Firearms Control Act  South African Police CSPS) No. 60 of 2000 Service Act No. 68  Regulation of of 1995 Gatherings Act No.  Domestic Violence 205 of 1993 Act No. 116 of 1998  South African Police  Independent Police Service Act No. 68 of Investigative 1995 Directorate Act No. 1 of 2011 3 4 Policies impacting Departments (Selective examples for SAPS and CSPS)  NDP  MTSF 2019-2024  White Paper on Safety and Security  White Paper on Policing Institutional Polices and Strategies over the five-year planning  Loss Management Policy  NDP  MTSF 2019-2014  2016 White Paper on Safety and Security  2016 White Paper on Policing  e-Policing Policy Framework IPID  Independent Police Investigative Directorate Act No. 1 of 2011 None Not applicable to the Department Section 6(2) of the IPID Act, 2011 Section 6(5) of the IPID Act, 2011 Research Unit Budget and APP Analysis of IPID 2020/21 Page 4 of 16 period (Selective examples for SAPS and CSPS) SAPS  Review on National Instruction 4 of 2014: Public Order Policing  Review of the SAPS Promotion Policy CSPS  Guideline to enhance SAPS indicators  Communication Strategy  Panel of Experts: Farlam Commission of Inquiry Report IPID The IPID Act, 2011 (Act No. 1 of 2011) (“the Act”) came into operation on 01 April 2012 to give effect to section 206(6) of the Constitution, which makes provision for the establishment of an independent police complaints body. The objectives of the IPID Act are to:  Align provincial and national strategic objectives to enhance the functioning of the Directorate;  Provide for independent and impartial investigation of identified criminal offences allegedly committed by members of the SAPS and the Municipal Police Services;  Make disciplinary recommendations to the SAPS resulting from investigations conducted by the Directorate;  Provide for close cooperation between the Directorate and the Secretariat; and  Enhance accountability and transparency of the SAPS and the Municipal Police Services in accordance with the principles of the Constitution. The IPID Act provided the Directorate with an extended mandate, which focuses on serious crimes committed by members of the SAPS and the MPS. It further obliges the SAPS and the MPS to report on matters for investigation by the IPID and the status of implementation of disciplinary recommendations made by the IPID upon the completion of investigations. In terms of section 28(1) of the Act, the Directorate must investigate: a) Any deaths in police custody; b) Deaths as a result of police actions; c) Complaints relating to the discharge of an official firearm by any police officer; d) Rape by a police officer, whether the police officer is on or off duty; e) Rape of any person in police custody; f) Any complaint of torture or assault against a police officer in the execution of his or her duties; g) Corruption matters within the police initiated by the Executive Director, or after a complaint from a member of the public or referred to the Directorate by the Minister, a MEC or the Secretary for the Police Service; and h) Any other matter referred to the IPID because of a decision by the Executive Director or if so requested by the Minister, an MEC or the Secretary for the Police Service as the case may be. Section 28 (2) further provides that the Directorate may investigate matters relating to systemic corruption involving the police. A continuous challenge for the Directorate has been lack of implementation and adherence to Chapter 7 of the Act. Chapter 7 requires the SAPS and the MPS to report incidents to the Directorate, for SAPS and MPS members to provide full cooperation to the Directorate and for the SAPS and MPS to implement disciplinary recommendations made by the Directorate. The IPID has included a Research Unit Budget and APP Analysis of IPID 2020/21 Page 5 of 16 performance indicator in its 2019/20 APP to measure the number of investigations in terms of section 33 of the IPID Act, 2011. Currently, the SAPS conducts its own internal investigations upon receipt of the IPID recommendations, which effectively undermines the investigations of the Directorate. 5. 2020/21 BUDGET ALLOCATION 5.1. Overall budget allocation The IPID received a Main Appropriation of R355.7 million in 2020/21, which is a nominal increase of 5.6%. Taking into account inflation, the Directorate’s allocation increased by 1.19%. Of the total allocation, the largest portion of funds is allocated to Current Payments (R349.4 million/98.2%), of which 69.4% is allocated to Compensation of employees and the remaining funds to Goods and services. In 2020/21, R820 thousand is allocated to Transfers and subsidies, of which R728 thousand was allocated to the Safety and Security Sector Education and Training Authority (SASSETA) and R92 thousand for Communication. The allocation of R5.5 million for Payments for capital assets are for Machinery and equipment in the Administration Programme and the Investigation and Information Management Programme. Table 1: IPID 2020/21 Budget Summary R million MTEF allocation Administration Investigation and Information Management Legal and Investigation Advisory Services Compliance Monitoring and Stakeholder Management Total expenditure estimates Total Current payments 2020/21 Transfers and subsidies 2021/22 2022/23 Payments for capital assets Total Total 105.0 101.1 0.728 3.2 111.6 121.5 231.0 228.6 0.28 2.3 245.0 248.9 6.9 6.9 – – 7.5 8.6 12.7 12.7 – – 13.6 14.5 355.7 349.4 0.82 5.5 377.7 393.4 Source: National Treasury (2020) The Administration Programme received an allocation of R105 million in 2020/21, which is a nominal increase of 13.39% when compared to the previous financial year. Proportionally, the Administration Programme received 29.52% of the total budget allocation of the Directorate. The Investigation and Information Management Programme performs the core mandate of the Directorate and as such, the Programme received 64.94% of the Directorate’s total budget allocation. In 2020/21, the Programme received a budget allocation of R231 million, which is a nominal increase of 1.99%. However when considering inflation, the Programme received a real decrease of 2.31%. Research Unit Budget and APP Analysis of IPID 2020/21 Page 6 of 16 Table 2: IPID Expenditure over the medium-term Nominal Increase / Decrease in 2020/21 Budget Programme R million Administration Investigation and Information Management Legal and Investigation Advisory Services Compliance Monitoring and Stakeholder Management TOTAL Real Increase / Decrease in 2020/21 Nominal Percent change in 2020/21 Real Percent change in 2020/21 2019/20 92.6 2020/21 105.0 12.4 8.0 13.39 per cent 8.61 per cent 226.5 231.0 4.5 - 5.2 1.99 per cent -2.31 per cent 5.8 6.9 1.1 0.8 18.97 per cent 13.95 per cent 11.8 336.7 12.7 355.7 0.9 19.0 0.4 4.0 7.63 per cent 5.6 per cent 3.09 per cent 1.19 per cent Source: National Treasury (2020) The Legal and Investigation Advisory Services Programme received a budget allocation of R6.9 million in 2020/21, which is a nominal increase of 18.97% when compared to the previous financial year. Proportionally, the Programme received 1.94% of the Directorate’s total budget allocation. The Compliance Monitoring and Stakeholder Management Programme received a budget allocation of R12.7 million in 2020/21, which is a nominal increase of 7.63%. Proportionally, the Programme received 3.57 % of the Directorate’s total budget allocation in 2020/21. The Directorate plans to withhold the filling of 24 new posts that were added to the establishment in 2019/20 to strengthen internal controls and compliance. This was done to reprioritise funds for the implementation of section 23 of the Independent Police Investigative Directorate Act (2011), which provides that the salaries of the Directorate’s investigators must be aligned with those of members appointed as detectives in terms of the South African Police Service Act (1995). Although the process to align the salaries of investigators with those of detectives commenced in 2018/19, the pension component of the salaries and other benefits could not be adjusted due to funds not being available. However, in the 2019 adjustments budget, the Directorate reprioritised R24.5 million within compensation of employees (and an estimated R45 million over the medium term) to provide for the full implementation of provisions of section 23 of the Act. This will result in a reduction of the funded establishment from 428 in 2019/20, as published in the 2019 ENE, to 399 over the MTEF period. 5 5.2. Budget allocation per budget programme 5.2.1.Administration Programme The Administration Programme received a budget allocation of R105 million in 2020/21, which is a nominal increase of 13.39%. The Department Management subprogramme received a budget allocation of R21.4 million in 2020/21, which is a nominal increase of 34.59%. Considering inflation, the allocation increased by 28.92%. Proportionally, the subprogramme received 20.38% of the total Programme allocation. 5 National Treasury (2020) Vote 24 Research Unit Budget and APP Analysis of IPID 2020/21 Page 7 of 16 Table 3: Budget allocation per subprogramme of the Administration Programme Nominal Real Nominal Increase / Increase / Percent Budget Decrease Decrease change in Programme in 2020/21 in 2020/21 2020/21 R million 2019/20 2020/21 Department Management 15.9 21.4 5.5 4.6 34.59 per cent Corporate Services 36.4 41.7 5.3 3.5 14.56 per cent Office Accommodation 13.1 13.9 0.8 0.2 6.11 per cent Internal Audit 5.5 5.4 - 0.1 - 0.3 -1.82 per cent Finance Services 21.6 22.7 1.1 0.1 5.09 per cent TOTAL 92.6 105.0 12.4 8.0 13.4 per cent Real Percent change in 2020/21 28.92 per cent 9.73 per cent 1.63 per cent -5.96 per cent 0.66 per cent 8.61 per cent Source: National Treasury (2020) The Corporate Services subprogramme received a budget allocation of R41.7 million in 2020/21, which is a nominal increase of 14.56%. Proportionally, the subprogramme received 39.71% of the total budget allocation of the Programme, which is the largest portion of the Programme. The Office Accommodation subprogramme received a budget allocation of R13.9 million in 2020/21, which is a nominal increase of 6.11%. Proportionally, the subprogramme received 5.14% of the total budget allocation of the Programme. The Internal Audit subprogramme received a budget allocation of R5.4 million in 2020/21, which is a nominal decrease of 1.82%. Considering inflation, the subprogramme’s budget allocation decreased by 5.96%. The Finance Services subprogramme received a budget allocation of R22.7 million in 2020/21, which is a nominal increase of 5.09%. Proportionally, the subprogramme received 21.62% of the total budget allocation of the Programme. 5.2.2.Investigation and Information Management Programme The Investigation Management subprogramme received a budget allocation of R20.7 million in 2020/32, which is a nominal increase of 5.08%. Proportionally, the subprogramme received 8.96% of the total budget allocation of the Programme. The Investigation subprogramme received a budget allocation of R202.6 million in 2020/21, which is a nominal decrease of -0.99%, which is a real decrease of -5.16% (considering inflation). As this is the core mandate of the Directorate, the subprogramme received 56.39% of the Directorate’s total budget allocation for 2020/21. The Information Management subprogramme received a budget allocation of R9.6 in 2020/21, which is a nominal increase of 128.57% (R5.4 million) and a real increase of 118.94%. Proportionally, the subprogramme received 4.16% of the total budget allocation of the Programme. Research Unit Budget and APP Analysis of IPID 2020/21 Page 8 of 16 Table 3: Budget allocation per subprogramme of the Investigation and Information Management Programme Nominal Real Nominal Real Percent Budget Increase / Increase / Percent change in Programme Decrease Decrease change in 2020/21 R million 2019/20 2020/21 in 2020/21 in 2020/21 2020/21 Investigation Management 19.7 20.7 1.0 0.1 5.08 per cent 0.65 per cent Investigation Services 202.6 200.6 - 2.0 - 10.5 -0.99 per cent -5.16 per cent Information Management 4.2 9.6 5.4 5.0 128.57 per cent 118.94 per cent TOTAL 226.5 231.0 4.5 - 5.2 2.0 per cent -2.31 per cent Source: National Treasury (2020) Despite the reduction in its funded establishment, the Directorate intends to focus on investment in human capital, specifically concerning investigations. This is in recognition of the Directorate’s responsibility to gather requisite and necessary evidence to enable the National Prosecuting Authority, the South African Police Service and the Municipal Police Services to make informed decisions on whether to prosecute and/or take disciplinary action against officers. Accordingly, over the medium term, the Directorate plans to strengthen its investigative capacity by training and upskilling all 179 investigators to respond to advanced criminal activities undertaken by police officers. Training will be provided on conducting investigations of sexual offences, using advanced investigative techniques and methods, and provisions of the Prevention of Organised Crime Act (1998), among other things. For this purpose, R4.5 million is allocated over the MTEF period in the Investigation and Information Management programme.6 5.2.3.Legal and Investigation Advisory Services Programme The Legal Support and Administration subprogramme received a budget allocation of R2.5 million, which is a nominal increase of 19.05%. Proportionally, the subprogramme received 36.23% of the total budget allocation of the Programme. Table 4: Budget allocation per subprogramme of the Legal and Investigation Advisory Services Programme Nominal Real Nominal Real Percent Increase / Increase / Percent Budget change in Decrease Decrease change in 2020/21 Programme in 2020/21 in 2020/21 2020/21 R million 2019/20 2020/21 Legal Support and Administration 2.1 2.5 0.4 0.3 19.05 per cent 14.03 per cent Litigation Advisory Services 1.6 2.0 0.4 0.3 25.00 per cent 19.73 per cent Investigation Advisory Services 2.1 2.5 0.4 0.3 19.05 per cent 14.03 per cent TOTAL 5.8 6.9 1.1 0.8 19.0 per cent 13.95 per cent Source: National Treasury (2020) 6 National Treasury (2020) Vote 24 Research Unit Budget and APP Analysis of IPID 2020/21 Page 9 of 16 The Litigation Advisory Services subprogramme received a budget allocation of R2 million in 2020/21, which is a nominal increase of 25.0%. Proportionally, the subprogramme received 28.99% of the total budget allocation of the Programme. The Investigation Advisory subprogramme received a budget allocation of R2.5 million in 2020/21, which is a nominal increase of 19.05%. Proportionally, the subprogramme received 36.23% of the total budget allocation of the Programme. 5.2.4.Compliance Monitoring and Stakeholder Management Programme The Compliance Monitoring subprogramme received a budget allocation of R7.6 million in 2020/21, which is a nominal increase of 16.92%. Proportionally, the subprogramme received 59.84% of the total budget allocation of the Programme. The Stakeholder Management subprogramme received a budget allocation of R5.2 million in 2020/21, which did not change when compared to the previous financial year. As such, the subprogramme decreased in real terms by -4.2% (considering inflation). Proportionally, the subprogramme received 40.94% of the total allocation of the Programme. Table 5: Budget allocation per subprogramme of the Compliance and Stakeholder Management Programme Nominal Real Nominal Real Percent Increase / Increase / Percent Budget change in Decrease Decrease change in 2020/21 Programme in 2020/21 in 2020/21 2020/21 R million 2019/20 2020/21 Compliance Monitoring 6.5 7.6 1.1 0.8 16.92 per cent 12.00 per cent Stakeholder Management 5.2 5.2 0.0 - 0.2 0.00 per cent -4.21 per cent TOTAL 11.8 12.7 0.9 0.4 7.6 per cent 3.09 per cent Source: National Treasury (2020) Along with the Civilian Secretariat for the Police Service (CSPS), the Directorate is the primary oversight body of the police service. It meets quarterly with the Civilian Secretariat for the Police Service to discuss collective measures that should be taken by both Departments to advance the professionalisation of the police service as envisaged in the NDP. The Directorate stated, “Over the medium term, the Directorate will work closely with the Civilian Secretariat for the Police Service to ensure that there is regular and stringent monitoring of the implementation of disciplinary recommendations made to the South African Police Service.” The Directorate further stated that monthly meetings would be held with the CSPS and the SAPS to review monthly statistics in relation to the implementation of disciplinary recommendations forwarded to the SAPS and cases referred to the National Prosecuting Authority for prosecution. In addition, awareness training sessions will be held with police officers in police stations to strengthen compliance with applicable legislation and regulations, and reduce the number of cases reported for deaths as a result of police action and/or while in police custody, rape by a police officer and/or while in police custody, and systemic corruption. Related activities are carried out in the Compliance Research Unit Budget and APP Analysis of IPID 2020/21 Page 10 of 16 Monitoring and Stakeholder Management programme, allocations to which amount to R40.8 million over the MTEF period. 6. PROGRAMME PERFORMANCE 6.1. Technical indicator descriptions The IPID relies solely on output performance indicators with the method of calculation as a simple count. The IPID also did not publish the technical indicator descriptions as part of its APP. The technical indicator description is one of the key requirements from the National Treasury, as provided for in the Framework for Strategic Planning and Annual Performance Plan. This limits full understanding of the performance indicator. All performance indicators must have Technical Indicator Descriptions, known as the TIDs. A Technical Indicator Descriptor seeks to achieve the following: 7  Identify the title of the strategic outcome oriented goal, objective or programme performance indicator  Provide a brief explanation of what the indicator is, with enough detail to give a general understanding of the indicator  Explain what the indicator is intended to show and why it is important  Describe where the information comes from and how it is collected  Describe clearly and specifically how the indicator is calculated  Identify any limitation with the indicator data, including factors that might be beyond the department’s control  Identify whether the indicator is measuring inputs, activities, outputs, outcomes or impact, or some other dimension of performance such as efficiency, economy or equity  Identify whether the reported performance is cumulative, or non-cumulative  Identify if an indicator is reported quarterly, annually or at longer time intervals  Identify whether the indicator is new, has significantly changed, or continues without change from the previous year  Identify whether actual performance that is higher or lower than targeted performance is desirable  Identify who is responsible for managing and reporting the indicator In addition to the information above, the purpose of these definitions is to assist the department in improving the reporting processes. It further ensures that the users of performance information identify with the terms and standards used thus eliminating misconceptions of the information reported. Furthermore, the TID forms the basis for audit of predetermined objectives. The TID document must be read together with the submitted Departmental Strategic Plan and the 2019/20 Annual Performance Plan.8 7 8 2019/20 TID of IPID 2019/20 TID of IPID Research Unit Budget and APP Analysis of IPID 2020/21 Page 11 of 16 6.2. Administration Programme The purpose of the Administration Programme is to provide for the overall management of the Independent Police Investigative Directorate and support services, including strategic support to the Department. The table below provides a summary of the programme performance indicators and targets of the Administration Programme for the 2019/20 financial year: Table 2: Programme Performance Indicators and Targets Performance indicators Performance Indicator 1) Percentage vacancy rate per year 2) Percentage implementation of Annual Internal Audit Plan 3) Percentage implementation of risk mitigating strategies 4) Percentage of compliance of SMS financial interests submitted through edisclosures (new) 5) Percentage implementation of ICT Infrastructure Plan Target <10% 90% 60% 100% 90% Source: 2020/21 IPID APP Two performance indicators were removed in 2020/21 when compared to the previous year, including  To obtain positive audit outcome  Seven strategic training areas undertaken as per IPIDs Training Plan A new performance indicator was added to measure compliance by members of the Senior Management Structure (SMS) on disclosure of financial interests. The Committee could consider the following concerns during deliberations: 1) The Directorate should indicate why the two above mentioned performance indicators were removed from the APP. Especially the indicator to obtain a positive audit outcome. The previous APP, 2021/22 was included a target to obtain a clean audit. 2) The Committee should ask whether the Internal Audit function has unhindered access to all information needed in the performance of its audits. 3) The Committee should request the Directorate to elaborate on the current capacity status of the Internal Audit Sub-programme in terms of funding and personnel. Is the capacity sufficient to address deficiencies in internal control? 4) The Directorate should indicate the personnel strength of the Internal Audit Sub-programme. The functions of all personnel should be clearly delineated in the response. 5) The Committee should request the Directorate to elaborate on its Information Communication Technology (ICT) Infrastructure Plan. What projects are included in the Plan and what are the timeframes associated with the plan over the short, medium and long-term. Research Unit Budget and APP Analysis of IPID 2020/21 Page 12 of 16 6.3. Investigation and Information Management Programme The purpose of the Investigation and Information Management Programme is to strengthen the Department’s oversight role over the police service by conducting investigations, in line with the powers granted by the Independent Police Investigative Directorate Act No. 1 of 2011. This includes making appropriate recommendations on investigations in the various investigation categories and submitting feedback to complainants. The Programme will also enhance efficiency in case management and maintain relationships with other state security agencies, such as the SAPS, the National Prosecuting Authority (NPA), Civilian Secretariat for Police (CSP) and community stakeholders, through on-going national and provincial engagement forums. The core service delivery programme of a Department normally receives the largest portion of the Vote. As such, the Investigation and Information Management Programme received 64.9% of the total Department’s budget. The table below summarises the programme performance indicators and targets of the Investigation and Information Management Programme: Table 3: Programme Performance Indicators and Targets Performance indicators 1) Number of investigations of deaths in police custody that are decision ready 2) Number of investigations of death as a result of police action that are decision ready 3) Number of cases for investigation of the discharge of an official firearm by a police officer that are decision ready 4) Number of investigations of rape by a police officer that are decision ready 5) Number of investigations of rape while in police custody that are decision ready 6) Number of investigations of torture that are decision ready 7) Number of investigations of assault that are decision ready 8) Number of investigations of corruption that are decision ready 9) Number of investigations of other criminal and misconduct matters referred to the directorate in terms of s28(1)(h) and s35(1)(c) of the IPID Act that are decision read 10) Number of investigations of offences referred to in section 33 of the IPID Act that are decision ready 11) Number of approved systemic corruption cases that are decision ready Targets 2019/20 2020/21 150 180 130 2809 150 37010 69 13011 10 1512 45 2 000 60 8013 2 000 8514 40 1015 10 2516 3 317 9 Increased from 130 in 2019/20 to 280 in 2020/21 This target was reduced from 500 cases to 150 cases in 2019/20 and increased to 370 in 2020/21 11 The target was increased from 65 cases to 69 cases in 2019/20 and increase to 130 in 2020/21 12 The target was increased from 10 cases of rape while in police custody in 2019/20 to 15 cases in 2020/21 13 The target was reduced from 60 to 45 in 2019/20 and increased to 80 in 2020/21 14 The target was increased from 60 cases in 2019/20 to 85 cases in 2020/21 15 The target was halved from 80 to 40 cases in 2019/20 and further reduced to 10 cases in 2020/21 16 The target was increased from 10 cases in 2019/20 to 25 cases in 2020/21 17 The target was increased by one case, from two in 2018/19 to three in 2019/20. The target remained unchanged in 2020/21 10 Research Unit Budget and APP Analysis of IPID 2020/21 Page 13 of 16 Targets 2019/20 2020/21 Performance indicators 12) Percentage of criminal recommendation reports referred to the NPA within 30 days of recommendation report being signed off 13) Percentage of disciplinary recommendation reports referred to the SAPS or MPS within 30 days of recommendation report being signed 90% 90% 90% 90% Source: IPID 2020/21 APP The following performance indicators were removed in the 2020/21 APP  Number of investigators trained on specialised services (75)  Percentage of decision ready cases completed from total cases received (45%)  Percentage of cases registered and allocated within 72 hours of written notification (80%)  Number of statistical reports on investigations generated (2)  Number of backlog decision ready cases completed (excluding cases of systemic corruption) (1 490 cases). The majority of targets were increased in 2020/21 when compared to the previous financial year. The target for the number of investigations of other criminal and misconduct matters referred to the Directorate in terms of s28(1)(h) and s35(1)(c) of the IPID Act that are decision ready was reduced from 80 cases in 2018/19 to 40 cases in 2019/20. The target was further decreased to 10 cases in 2020/21. 6.4. Legal and Investigation Advisory Services Programme The purpose of the Programme is to manage and facilitate the provision of investigation advisory services and to provide legal, civil and labour litigation services. The programme consists of the following three sub-programmes:  Legal Support and Administration: The sub-programme manages the Directorate’s legal obligations by developing and maintaining systems, procedures and standards to assist, guide and direct legal support within the Directorate.  Litigation Advisory Services: The sub-programme coordinates civil and labour litigation, and grants policing powers. Other key activities and outputs include finalising contracts and service level agreements. The table below summarises the programme performance indicators and targets of the Legal and Advisory Services Programme: Table 4: Programme Performance Indicators and Targets: Legal Services Performance Indicator 1) Percentage of written legal advice provided to the Department within 30 working days of the request 2) Percentage of written legal advice provided to investigators within 2 working days of request 18 2020/21 Target 70% 95%18 The target was increased from 90% in 2019/20 to 95% in 2020/21 Research Unit Budget and APP Analysis of IPID 2020/21 Page 14 of 16 Performance Indicator 3) Percentage of contracts/service level agreements finalised within 30 working days of the request per year. 4) Percentage of litigation matters referred with instructions to the State Attorney within 10 working days of receipt per year (New) 2020/21 Target 90% 100% Source: IPID 2020/21 APP The following indicators were removed from the 2020/21 APP compared to the previous year  Percentage of legal advice provided to the Department on litigation matters within 12 working days of receipt of the action or application (100%). This performance indicator was only introduced in 2019/20, thus removed the next year.  Percentage of PAIA requests finalised within 30 days (100%)  Number of workshops conducted with investigators on practice notes produced per year (3). This indicator was introduced in 2019/20 and removed in 2020/21.  Percentage of written legal advice provided to investigators within 24 hours of request (90%) 6.5. Compliance Monitoring and Stakeholder Management Programme The purpose of the Compliance Monitoring and Stakeholder Management Programme is to safeguard the principles of cooperative governance and stakeholder relations and to monitor and evaluate the relevance and appropriateness of recommendations made to the South African Police Service and Municipal Police Services in terms of the Independent Police Investigative Directorate Act, 2011. The programme consists of the following two sub-programmes: Compliance Monitoring: The Sub-programme monitors and evaluates the quality of recommendations made and responses received from on such recommendations from the South African Police Service, Municipal Police Services and National Prosecuting Authority in compliance with the reporting obligations in terms of the IPID Act, 2011. Stakeholder Management: The Sub-programme manages relations and liaises with the Directorate’s key stakeholders such as the South African Police Service, Municipal Police Services, Civilian Secretariat for Police, National Prosecuting Authority, the Special Investigating Unit, the Public Protector of South Africa, the State Security Agency and civil society organisations, in line with the requirements of the IPID Act. The table below summarises the programme performance indicators and targets of the Programme: Table 5: Programme Performance Indicators and Targets Performance Indicator 1) Number of community outreach events conducted per year 2) Number of formal engagements held with key stakeholders 3) Number of station lecture awareness trainings per year (New) 4) Number of disciplinary recommendations referred to the SAPS and MPS that are analysed 5) Number of criminal referrals forwarded to the NPA that are analysed 19 20 2020/21 Target 4019 136 56 1 100 1 50020 The target was halved in 2019/20 (2018/19: 80 events) and remained unchanged in 2020/21 The target was increased from 748 in 2019/20 to 1500 in 2020/21 Research Unit Budget and APP Analysis of IPID 2020/21 Page 15 of 16 Performance Indicator 6) Percentage of responses from SAPS and MPS that are analysed 7) Percentage of responses from NPA that are analysed 8) Number of case docket inspections conducted per year 2020/21 Target 60%21 50%22 5 Source: IPID 2020/21 APP 7. CONCLUSION The capacity constraints faced the IPID, both in terms of insufficient funding and personnel, has affected the ability of the Directorate to fulfil its mandate. In order to contribute to the realisation of the Vision 2030 in professionalising the police services (SAPS and MPS), the Directorate must be capacitated to have a measurable impact on police conduct. 8. REFERENCES National Treasury. (2020) Estimates of National Expenditure 2020. National Treasury. (2020a) Vote 24: Independent Police Investigative Directorate (IPID). IPID (2019). Annual Performance Plan 2019/20. IPID (2020). Annual Performance Plan 2020/21. 21 22 The target was increased from 50% in 2018/19 to 70% in 2019/20 and was decreased to 60% in 2020/21 The target was increased from 50% in 2018/19 to 70% in 2019/20 and decreased to 50% Research Unit Budget and APP Analysis of IPID 2020/21 Page 16 of 16