Johnathan Paoli
The Independent Police Investigative Directorate (Ipid) Amendment Bill opened to public scrutiny on Wednesday via virtual platforms, with public hearings to consider and debate the extension of the Police Minister’s executive powers over the appointment of the head of the Ipid.
Following a decision to adopt the motion of desirability by the committee early last month – in line with National Assembly Rules – the process went ahead despite questions of constitutionality being raised by the Office of the Chief State Law Advisor among others and the lack of certification.
The Bill follows a 2019 amendment to the Ipid Act that strengthened the watchdog’s independence by preventing the arbitrary removal of the Ipid’s head, following the 2015 attempt to remove the Ipid executive director Robert McBride as part of a web of manipulation of justice and state security organs under former President Jacob Zuma.
ISS researcher and consultant David Bruce has highlighted the troubling reality surrounding the proposed amendment to the Bill, and said its successful implementation would destroy any semblance of independence and accountability of criminal justice in the country.
Bruce stressed the fundamental role the directorate plays, which is to investigate specific categories of crime committed by members of SAPS and the municipal police.
“Due to low levels of public trust in the police, Ipid plays a critical role in criminal justice proceedings by ensuring that investigations against the police are carried out effectively,” Bruce said.
Bruce said a joint submission by Corruption Watch and ISS to the Zondo Commission of Inquiry illustrated how state capture under Jacob Zuma’s presidency was facilitated by interference with criminal justice institution leaders, including heads of the SAPS, the Hawks, the NPA and Ipid.
He expressed his concern over the ramifications of the Bill, which would place the Ipid head appointment process completely at the discretion of the Police Minister, with an independent panel advising him, and the approval of Cabinet.
“Rather than improving the integrity of the process, this makes selection of the executive director vulnerable to manipulation and power dynamics within the executive,” Bruce said.
The Bill is expected to echo the provisions of the current SAPS Act, which deals with the appointment of the Hawks top leadership, and similarly places the independent institution at the discretion of the executive.
The DA previously voiced its opposition, with Shadow Minister of Police Andrew Whitfield saying that the proposed Bill was completely contrary to the explicit constitutional expression for independence of the police watchdog contained in section 2026 (6) of the Constitution.
“If the Minister gets his way South Africa will have a police watchdog that cannot bite or bark. Ipid is supposed to be the Police watchdog, not the Minister’s lapdog,” Whitfield said.
Organisations such as the African Policing Civilian Oversight Forum, AfriForum, and the SA Human Rights Commission are expected to make submissions.
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