Question No 937
Mr V B Ndlovu (IFP) to ask the Minister of Police:
(a) What are the obstacles to the Independent Complaints Directorate (ICD) finalising investigations into deaths in custody as a result of police action, (b) what is being done to overcome these obstacles and (c) what is the effectiveness of the initiatives in light of the Directorate’s target of maintaining a 60 percent finalisation rate?
Reply:
(a) The obstacles that have contributed to the ICD not being able to finalise investigations into deaths in custody and as a result of police action include:
* The vastness of the provinces affects the ability to arrive at scenes in time to ensure proper and timeous investigations. Although the establishment of satellite offices in some provinces have assisted in addressing the problem, the reality of long distances to travel is affecting the finalisation of cases
* The delays in reporting of scenes of deaths in some provinces have a negative effect in that a reconstruction of the scene has to happen to enable investigation to proceed. These also affect the timeous identification and location of possible witnesses to the incident
* The delays in processing of technical reports after analysis of firearms and related items by the forensic science laboratory
* The delays in the releasing of post mortem reports by the Department of Health’s pathology sciences
* The general turnaround time by other role-players within the Criminal Justice System (CJS) contributes to the delay in finalisation of complaints.
(b) The ICD is constantly engaging key stakeholders within the CJS to address areas of concern that contribute to the delays outlined above. ICD Management is involved in discussions with the South African Police Service (SAPS) provincial commissioners in different provinces, to ensure that there is improved communication and deal with identified problem areas. ICD management has also implemented a new and improved Standard Operating Procedure (SOP), a procedure manual that guides the investigation of complaints, to make it user-friendly and easy to understand to all investigators. The monitoring and evaluation committee of the department is also embarking on a program to assist provincial offices to improve operating methodology in relation to Class 1-cases.
(c) These initiatives are evaluated on a quarterly basis to establish their effectiveness and examine other available means of addressing the impediments with a view to attain the 60 percent finalisation rate.
Issued by: South African Police Service
7 October 2009
