Johnathan Paoli
President Cyril Ramaphosa has signed into law the Independent Police Investigative Directorate Amendment Act, which seeks to strengthen the institutional and operational independence of the Independent Police Investigative Directorate (IPID)
Spokesperson for the Presidency, Vincent Magwenya, announced the news on Wednesday and said it would further empower IPID to investigate serious offences committed by police officers whether off duty or not.
“The new law entrenches the institutional and operational independence of IPID and makes it clear that the directorate must be independent, impartial and must exercise its powers and functions without fear, favour or prejudice,” Magwenya said.
He said the legislation follows a comprehensive review of the principle IPID act of 2011 which was initiated by the Civilian Secretariat for Police Service.
The Civilian Secretariat provides the Minister of Police with policy advice and research support; develops departmental policy; provides civilian oversight of the South African Police Service and mobilises stakeholders outside the department around crime prevention and policing matters.
Magwenya said the legislation gives effect to an earlier judgement by the country’s apex court in the McBride vs Minister of Police and another case, which invalidated provisions in the previous act that enabled the then Police Minister Nkosinathi Nhleko to take disciplinary measures against the IPID Executive Director without any parliamentary oversight.
Former IPID boss Robert McBride was suspended in March 2015 over his alleged involvement in the illegal rendition of five Zimbabwean murder suspects.
In addition, Magwenya confirmed that the new act amended provisions relating to the appointment of the executive director and broadened their responsibilities in respect of the referral of recommendations on disciplinary matters.
The new law provides for pre-employment security screening investigation as well as empowering IPID to investigate any deaths caused by the actions of a member of the South African Police Service, whether on or off duty.
It further extends to include sexual violence such as rape, committed by a SAPS member or member of a municipal police service.
Interestingly, the spokesperson confirmed that the act provides a savings provision in the conditions of service of existing IPID investigators and provincial heads – ostensibly in order to curb the potential influence of corruption.
The bill was approved for introduction into Parliament by the cabinet of the 6th administration in May last year.
The IPID Act joins a long list of Bills signed into law by the President over the last year, which have been met with a mixed response by members of the Government of National Unity and the public.
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