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President Cyril Ramaphosa on Wednesday signed into law legislation that affirms the institutional and operational independence of the Independent Police Investigative Directorate (Ipid) and empowers it to investigate serious offences committed by police officers whether they are off duty or not.
The Presidency said the newly enacted Ipid Amendment Act is an outcome of a comprehensive review of the principal Ipid Act of 2011 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 (Saps) and mobilises stakeholders outside the department around crime prevention and policing matters.
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The law now empowers Ipid to investigate any deaths caused by the actions of a member of the Saps or a member of a municipal police service, whether such member was on or off duty.
Ipid is now 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 duty.
The law also provides for a savings provision in the conditions of service of existing Ipid investigators and provincial heads.
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.
This amended law gives effect to an earlier Constitutional Court judgment in the McBride vs Minister of Police and Another matter which invalidated provisions in the Ipid Act that enabled the Minister of Police to take disciplinary measures against the Executive Director of Ipid without parliamentary oversight.
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The updated legislation amends provisions relating to the appointment of the executive director of Ipid and broadens the executive director’s responsibilities concerning the referral of recommendations on disciplinary matters.
The Amendment Act provides for pre-employment security screening investigations to be conducted by the directorate.
Ipid spokesperson Phaladi Shapung was contacted by The Citizen and asked whether the directorate feels the act will empower it to pursue justice more efficiently. His comments will be published when they are made.
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