BRIEFING TO PORFOLIO COMMITTEE ON CORRECTIONAL SERVICES

BY THE ACTING EXECUTIVE DIRECTORBY THE ACTING EXECUTIVE DIRECTOR

Creature of State Came into existence on 1 April 2012 Created in terms of IPID Act Legislative mandate in S28 of the IPID Act Must investigate all matters listed in S28(1)

o Deaths in police custodyo Deaths as a result of police actiono Complaints relating to discharge of official firearmo Rape by police officero Rape of person in police custodyo Complaints of torture / assaulto Corruption within the policeo Any matter referred by Min, MEC, Secretary or ED

May investigate matters provided for in S28 (2)o Systemic corruption

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Falls within the Ministry of Police Compliments the work of SAPS Not opposed to what SAPS does or stand for Compliments the work of Civilian Secretariat Complements the oversight role of Parliament with

regard to the conduct of SAPS members Role player within the Security Cluster Play an important role within the Criminal Justice Cluster

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Core business of IPID is investigation Make recommendations to SAPS for Disciplinary steps

of its members Make recommendations to NPA for criminal prosecution Have no control over what happens after

recommendations Decision to prosecute lies with NPA Decision to discipline lies with SAPS Have no control / influence over what happens in court

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The strategic outcome oriented goals of IPID are linked to the achievement of outcomes 3 and 12 as adopted by Cabinet in January 2010

Outcome 3: All people in South Africa are and feel safe and secure (relates to our core function)

Outcome 12: An efficient, effective and development oriented public service and an empowered, fair and inclusive citizenship (relates to our ability to deliver in terms of our mandate)

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The IPID Act (Act 1 of 2011) is a blue print for the transformation of the of ICD into IPID

This transformation has ushered a new era of civilian oversight on the SAPS and MPS

The organization has therefore evolved from a complaints-driven to an investigation-driven body

The renaming of ICD to IPID also meant extending the mandate not only to investigate but also to ensure that the recommendations by the directorate are implemented by SAPS

To this end, the organization has achieved great strides in transforming ICD into IPID. This process included:o Aligning its priorities in line with the spirit of the Constitution & the

IPID Act;o Engaging in a process of organizational renewal

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Promulgation of Regulations Development of SOPs Development of training manual for investigators Development of guidelines for investigations Organizational Restructuring

o New units establishedo Upgrading of case monitors to investigators

Establishment of investigation teams for special projects (Cato Manor; Marikana; WC Farms)

Model for Africa (marketed through APCOF)

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Non reporting by SAPS ito S29 No feedback from SAPS on recommendations for DH IPID Act not fully costed & therefore not fully funded NO full alignment of:

o SP; APP & ENE with IPID Acto Organizational structure & IPID Act (e.g. no integrity unit for

integrity testing & security screening)

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Priority is placed on:o Strategic alignment of planning; budgeting & reporting

frameworkso Re- engineering & reorganization of the directorateo Strengthening of the directorate’s management & leadership

capacityo Increasing investigative capacityo Refocusing the directorate from complaints driven to

investigation driven institution (reactionary to proactive)o Training & Capacity building (esp. investigators / former

monitors & case analysts)o Development of guidelines, systems & procedures for

investigation and reporting

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The activities of IPID were organized into three programmes which are: Programme 1: Administration

o Executive supporto Corporate governanceo Internal audito Financeo Corporate management services (Corporate Services)

Programme 2: Investigations and Information Managemento Investigationso Information managemento Policy development & provincial coordination

Programme 3: Legal Serviceso Litigation & legal supporto Investigation advisory services

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The activities of IPID are now organized into four programmes which are: Programme 1: Administration

o Departmental managemento Corporate serviceso Internal audito Financial management serviceso Office accommodation

Programme 2: Investigations and Information Managemento Investigation managemento Investigation serviceso Information management

Programme 3: Legal Serviceso Legal support and Administrationo Legal advisory serviceso Investigation advisory services

Programme 2: Compliance monitoring and stakeholder managemento Compliance monitoringo Stakeholder management

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Independent entity Separate vote Oversight role Investigative powers Quasi judicial function Executive Authority as appeals authority on quasi judicial

decisions

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THANK YOU

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