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This briefing provides an overview of the Independent Police Investigative Directorate (IPID) budget for 2018/19 and its annual performance plan. It includes budget allocations, priorities, compensation of employees, non-funded activities, provincial vacancy status, challenges, achievements, recommendations, awareness activities, budget vis-a-vis litigation, and conclusion.
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Briefing to the Select Committee on Security & Justice on IPID’s Budget 2018/19 and Annual Performance Plan (2018/19) Independent Police Investigative Directorate (IPID) Date: 16 May 2018 Venue: Committee Room S26, Second Floor, NCOP Building Time: 12:00 – 14H30
INDEX • Overview • IPID Budget Allocations 2018/19 • 2018 MTEF Budget Allocation priorities • 2018/19 Budget allocation per province • Compensation of Employees v/s Personnel Numbers • Non funded Activities • IPID Strategic Plan & Annual Performance Plan 2018/19 • Provincial vacancy status • Provincial Challenges • Provincial Achievements • Recommendation and feedback: SAPS and NPA • Awareness activities • Budget vis a vis Litigation • Conclusion
OVERVIEW • IPID tabled its APP 2018/2019 to Parliament • IPID is at the forefront of fighting corruption in the country, without adequate funding the fight against crime is seriously undermined • IPID received additional funding reprioritised from SAPS for the MTEF period (2018/19-2020/21), although not adequate, the funds are allocated to strengthen internal capacity • IPID will continue its trilateral engagements with IPID, National Treasury and SAPS in an effort to source additional funding from SAPS • By having a well-resourced IPID which can adequately investigate corruption, the State can prevent the loss of resources which can be directed towards service delivery needs for all South Africans • Based on the financial challenges being experienced, IPID Management decided to close the following satellite offices: Eastern Cape, Northern Cape, Free State and Kwa-Zulu Natal
2018 MTEF BUDGET CONTEXT • Corruption costs the SA Gross Domestic Product (GDP) at least R27 billion annually as well as the loss of 76 000 jobs that would otherwise have been created; • Claims against the SAPS disclosed in the 2016/17 Financial Statements amounts to R5,1 billion (Wrongful arrests, deaths as a result of police actions, rape by Police officers, etc); • IPID is at the forefront of the fight against corruption and Acts of Misconducts against Police and therefore Adequate funding of IPID will realise massive savings for the state; • The following Reforms introduced in previous years are being implemented:- • Cost-cutting measures being implemented to ensure that savings being realised are being reprioritised towards enhanced service delivery • Addressing Audit Qualification • Lobbying for additional resources
KEY RISK FACTORS IMPACTING ON IPID BUDGET Perpetual Underfunding - IPID baseline budget over the years has not been adjusted to fully accommodate annual inflation growth, contractual obligations, workload and to allow for full implementation of IPID Act. Compensation of Employees crowding out spending on goods and services essential for service delivery. Rapid increase in accruals in the past three financial years as a result of budget shortfalls - 2014/15: IPID reported R5 342 000 - 2015/16: IPID reported R6 858 000; - 2016/17: IPID reported R24 307 000 4. Increase in Litigation cases and unfunded mandates
IPID 2018 MTEF BUDGET ALLOCATION PRINCIPLES/PRIORITIES Investigating high impact cases - The Directorate’s focus on high impact cases over the medium term will ensure that it is able to deal effectively with cases that are generally more complex to investigate Finalising the review of governing legislation - An allocation of R1.2 million has been made in Programme 3: Compliance Monitoring and Stakeholder Management in 2018/19 in order to finalise the review of the IPID Act (2011) within the timeframes ordered by the Constitutional Court Safeguarding information and data (Sec 9(d) of the IPID Act) - Over the medium term, the directorate aims to improve its internal security measures for the collection and storage of this data Conducting community outreach events - Improving visibility of IPID Upgrading of ICT infrastructure
WHY SHOULD IPID BE ADEQUATELY FUNDED • 1. IPID is at the forefront of the fight against corruption. In one instance IPID’s investigation have resulted in preventing the loss of R45 million and another corruption investigation involves R5 billion, which was undetected for many years • Adequate funding of IPID:- • Reduced levels of corruption • Effective and efficient investigation of cases • Source specialised investigation experts to analyse and secure evidence • Adequate budget for litigation • Improve service delivery by increasing IPID’s footprint (accessibility) • 2. Reduction in corruption will lead to government’s ability to fulfil it’s social contract (lasting impact)
BUDGET ALLOCATIONS OVER MTEF • Since the implementation of the IPID Act with additional responsibilities, the budget allocation has not been meeting the demand. • Over the 2018 medium term, expenditure is expected to grow from R315.1 million in 2018/19 to R359.4 million in 2020/21 at an average growth rate of 14.1% mainly to accommodate the current contractual obligations and strengthening of internal control systems. • The 2018 medium term growth does not cover any expansion of functions on the IPID Act, but only accommodates the current contractual obligations with the projected annual escalation fees ranges from 5% - 10% per annum.
2018 MTEF BUDGET ALLOCATION GROWTH Budget growth over the Medium Term Expenditure Framework (MTEF)
NON FUNDED ACTIVITIES • Implementation of the IPID Expansion Strategy to accommodate the demand placed on IPID for additional regional and District Offices; • Full implementation of Farlam Commission report recommendations (external experts); • Full implementation of Section 23 of the IPID Act; • Disaster Recovery Plan for the Department; • Implementation of Security analysis report (Security measures in both Head office and Provinces;
STRATEGIC PLAN 2015-2020 AND ANNUAL PERFORMANCE PLAN 2018/19
INTRODUCTION • Strategic Plan 2015-2020 • No changes to strategic objectives and strategic indicators • Strategic targets are aligned to MTSF period 2015/16-2019/20 • Annual Performance Plan 2018/19 • APP aligned to the budget programme structure • Programme 1: Administration • Programme 2: Investigation and Information Management • Programme 3: Compliance Monitoring and Stakeholder Management • Budget programme structure will be reviewed for 2019/20 financial year • Significant adjustments to programme performance indicator • - Programme 1 • two indicators reviewed • three legal services indicators taken to operational plan • - Programme 2 • type of measure changed from percentage to number • - Programme 3 • stakeholder engagement indicators merged • four new indicators
PROGRAMME 1: ADMINISTRATION Presented by Ms N Netsianda Programme Manager
Programme 1: Administration • Purpose: • Provide strategic leadership, management and support services to the Department. The programme consists of the following components: • (i) Departmental Management • Executive Support • Corporate Governance • Strategy and Performance Monitoring • Security Management • (ii) Internal Audit • (iii) Finance Services • Office of the Chief Financial Officer • Finance • Supply Chain and Asset Management • (iv) Corporate Services • Human Resource Management and Development Services • Information and Communication Technology • Auxiliary Services • Vetting Services
Programme 1: Administration • (v) Office Accommodation • (vi) Legal Support and Administration • Litigation Advisory Services
Programme 1: Administration • Strategic objective, Indicators & Targets The following table outlines the strategic objective for the budget year and over the MTEF for this programme in the Strategic Plan.
Programme 1: Administration • Programme Performance Indicators & Targets The following table presents programme performance indicators and MTEF annual targets that will be implemented :
FROZEN POSTS : PROGRAMME 2 Due to budgetary constraints in 2016/17 and 2017/18, IPID had to “freeze” a number of positions
PROGRAMME 2: INVESTIGATIONS AND INFORMATION MANAGEMENT Presented by Mr M Sesoko Programme Manager
Programme 2: Investigation & Information Management • Purpose: • Coordinate and facilitate the Directorate’s investigation processes, through the development of policy and strategic frameworks that guide and report on investigations. • The Programme consists of the following Sub-Programmes/components: • Investigation Management • Investigation Services • Information Management • Investigation Advisory Services
Programme 2: Investigation & Information Management • Strategic Objective, Indicators and Targets The following table outlines the strategic objectives for the budget year and over the MTEF period for this programme in the Strategic Plan.
Programme 2: Investigation & Information Management • Programme Performance Indicators and Targets The following table presents programme performance indicators and MTEF annual targets that will be implemented:
Programme 2: Investigation & Information Management • Programme Performance Indicators and Targets (2)
Programme 2: Investigation & Information Management • Programme Performance Indicators and Targets (2)
Programme 2: Investigation & Information Management • Provincial Considerations • Current APP - IPID took into consideration its performance as affected by insufficient budget, as well as the direct impact thereof on actual performance • IPID has resolved to use numbers as opposed to percentages as target indicators • The overall percentage for decision-ready cases has reduced accordingly based on the actual audit performance in the financial years during which the IPID has encountered financial constraints • Provincial targets have also been amended accordingly taking into account the actual number of members vis-a-vis the overall performance target • This would mean that the targets of the respective provincial offices will differ as relating to the size of the province and office in terms of human resources.
Programme 2: Investigation & Information Management • Provincial Challenges
Programme 2: Investigation & Information Management • Achievements • Currently IPID is engaged in a number of High Profile investigations: • These include: • Cases against the Former SAPS Acting National Commissioner (Corruption and Money Laundering), General Phahlane, who has already appeared in court • A case against Captain KGB Tshabalala (Corruption and Money Laundering) who has appeared before court and case is set down for trial • Cases against SAPS Crime Intelligence Unit regarding gross irregularities in the procurement process resulting in the State suffering a loss of more than R54 million • Cases involving the SAPS Crime Intelligence Unit, General Mabula and others (Torture and Murder) • The Marikana investigation on which a number of SAPS officials has appeared in court on a number of charges
Programme 3: Compliance Monitoring and Stakeholder Engagement • Purpose • To safeguard the principles of cooperative governance and stakeholder relations. Monitor and evaluate the relevance and appropriateness of recommendations made to the South African Police Service and Municipal Police Services in terms of the IPID Act, No.1 of 2011. • The Programme consists of the following Sub-Programmes/components: • Compliance Monitoring • Stakeholder Management • Integrity Management
Programme 3: Compliance Monitoring & Stakeholder Engagement • Strategic Objective, Indicator and Targets The following table outlines the adjusted strategic objectives for the budget year and over the MTEF period for this programme in the Strategic Plan.
Programme 3: Compliance Monitoring & Stakeholder Management • Performance Indicators and Annual Targets The following table presents programme performance indicators and annual targets that will be implemented:
Recommendations referred to SAPS: 2017/18 In the period under review (2017/18), the department referred a total of 734 disciplinary recommendations to SAPS. The table below gives a breakdown of the recommendations referred to SAPS in the period under review:
Referrals to NPA: 2017/18 In the period under review (2017/18), the department forwarded a total of 1 370 referrals to NPA. The table below gives a breakdown of the referrals forwarded to NPA in the period under review:
Budget vis a vis Litigation • The current High Profile Investigations led to civil litigation and counter-investigations against IPID investigation members including the ED. • The civil litigation is lengthy and very costly as it involves the likes of Phahlane, his wife, other high ranking SAPS officials and SAPS service providers (including FDA), who seem to have unlimited budget and appetite for litigation. • The litigation is lengthy and costly because it also brings to the fore gaps in the IPID Act which have constitutional implications. • IPID does not have a budget set aside for litigation, but has since 2016 spent in access of R6m on litigation, as reflected below: • 2016/17- R1 015 187.23 • 2017/18- R5 197 557.93 • The result of these vexatious and malicious civil suits is that they deplete IPID’s already minimal budget.
CONCLUSION • Regular monitoring of expenditure by Executive Committee members • Continuous reprioritisation of core activities such as investigations • Implementation of cost containment measures • Strengthening internal controls • Monitor performance and corrective actions • However; IPID requires the support, assistance and intervention of the Ministry and the PCP in the following: • Full implementation of the ConCourt (amendment of the IPID Act) • Full implementation of the Farlam Commission • Secure additional funding (especially now that the extent and enormity of corruption within SAPS is beginning to emerge) • Without adequate financial and human resources IPID will not be able to fulfil its mandate and will have National interest implications beyond Policing .
