The National Community Policing Forum (CPF) has welcomed the Independent Police Investigative Directorate (Ipid) Amendment Bill, saying it will enhance the accountability and independence of the police watchdog.
President Cyril Ramaphosa signed the bill into law this week, giving powers to the independent police complaint body to investigate serious alleged offences and crimes committed by police officers, regardless of whether they were on or off duty.
Spokesperson to the President, Vincent Magwenya, said: “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.”
National CPF chairperson and Western Cape provincial board chairperson, Fransina Lukas, said the bill was welcomed.
“The fact that a SAPS member will be open for investigation whether on or off duty is especially welcomed because the community does not differentiate between on and off duty.
“A police officer remains a police officer on or off duty,” Lukas said.
The newly enacted Ipid Amendment Act is an outcome of a 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 and mobilises stakeholders outside the department around crime prevention and policing matters,” the presidency said.
The law follows a Constitutional Court judgment in the matter between former Ipid head Robert McBride and the Minister of Police Nkosinathi Nhleko 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.
The Constitutional Court ruled that certain provisions of the Ipid Act were invalid and incompatible with the Constitution.
According to the presidency, the updated legislation amends provisions relating 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.
The Amendment Act provides for pre-employment security screening investigations to be conducted by the directorate.
The law empowers Ipid to investigate any deaths caused by a police member or member of a municipal police service, whether such member was on or off duty.
Ipid is 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.