MEDIA STATEMENT: POLICE COMMITTEE CALLS FOR PUBLIC COMMENTS ON IPID AMENDMENT BILL

The Portfolio Committee on Police calls on interested individuals and organisations to submit comments on the Independent Police Investigative Directorate Amendment (IPID) Bill [B21-2023]. The call for comments is in line with Chapter 59 (1) of the Constitution of South Africa, which compels the National Assembly to facilitate public involvement in the legislative process. Furthermore, the legislative sector adopted a Public Participation Model that places public consultation at the centre of how it carries its business.

Also, the call for comments follows a decision to adopt the motion of desirability by the committee on 6 September 2023 in line with National Assembly Rule 286 (6). On that day the majority view was that there is an urgent need to strengthen, through legislation, the institutional and operational independence of the IPID and give effect to the Constitutional Court Judgement in the case of McBride v Minister of Police and other case.

The Bill seeks to amend the Independent Police Investig
ative Directorate Act, 2011, so as to amend and insert certain definitions; to provide for the Directorate’s institutional and operational independence; to provide that the Directorate must be independent, impartial and must exercise its powers and functions without fear, favour, prejudice, or undue influence in order to give effect to the judgment of the Constitutional Court in the case of McBride v Minister of Police and Another; to amend the provisions relating to the appointment of the Executive Director of the Directorate; to broaden the Executive Director’s responsibilities in respect of the referral of complaints regarding disciplinary matters; and to provide for preemployment security screening investigations to be conducted by the Directorate.

Also, the Bill seeks to provide for the conditions of service of investigators to be determined by the Minister; to provide for the Directorate to investigate any deaths caused by the actions of a member of the South African Police Service or a member of a mun
icipal police service, whether such member was on or off duty; to provide for the Directorate to investigate a rape by a member of the South African Police Service or a member of a municipal police service, whether such member was on or off duty; to strengthen the provisions relating to the implementation of disciplinary recommendations; to provide for a savings provision regarding the conditions of service of existing investigators and provincial heads; to amend other provisions of the Independent Police Investigative Directorate Act, 2011, so as to ensure that the Directorate executes its mandate effectively and efficiently; and to provide for matters connected therewith.

Submissions must be addressed to the Portfolio Committee on Police for attention: Ms Babalwa Mbengo, via post to PO Box 15, Cape Town, 8000; or via email to IPIDAmendmentBill@parliament.gov.za ; or via Google Forms at https://forms.gle/pZtZ1eo4KHy2cq6Q9/. Submissions must be received by no later than 16:00 on Monday, 2 October 2023.

The
committee also calls on the those making submissions to indicate whether they are interested in making oral presentations to the committee.

Parliament of South Africa