South Africa: President Cyril Ramaphosa has signed the law legislation that affirms the institutional and operational independence of the Independent Police Investigative Directorate (IPID) and empowering it to investigate the serious alleged offences that are committed by the police officers whether on or off duty.
Reportedly, the newly enacted Independent Police Investigative Directorate Amendment Act is an outcome of a comprehensive review of the principal IPID Act of 2011, which was initiated by the Civilian Secretariat for Police Service.
However, the Civilian Secretariat provided the Minister of Police with policy advice and research support that develops departmental policy. The signed agreement by the president Cyril Ramaphosa, provides civilian oversight of the South African Police Service and mobilises stakeholders outside the department around crime prevention and policing matters.
As per the sources, 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 any fear, favour or prejudice.
The amended law gives effect to an earlier Constitutional Court judgement, which was considered in the McBride v/s Minister of Police and Another matter which invalidated the provisions in the IPID Act that enabled the Minister of Police to take disciplinary measures against the Executive Director of IPID without parliamentary oversight.
The updated legislation amended the provisions related to the appointment of the Executive Director of IPID and broadens the Executive Director’s responsibilities in respect of the referral of recommendations on disciplinary matters.
Notably, the Amendment Act provided for pre-employment security screening investigations are to be conducted by the directorate. The law now empowers IPID to investigate any deaths caused by the actions of a member of the South African Police Service or a member of a municipal police service, regardless of whether such member was on or off duty.
IPID enabled to investigate rape by a member of the SAPS or a member of a municipal police service, whether such member was on or off the duty.
Moreover, the law is also provided for a savings provision in the conditions of service of existing IPID investigators and provincial heads.