South African Police Committee Enhances IPID Amendment Bill

CAPE TOWN – The Portfolio Committee on Police has expressed confidence in the significant improvements made to the Independent Police Investigative Directorate (IPID) Amendment Bill [B21-2023], particularly strengthening clause 4 concerning the appointment of the Executive Director. The committee completed its detailed consideration of the Bill yesterday and is set to review the A list of the Bill next.

Incorporating Public Feedback and Court Judgments

According to Parliament of South Africa, Chairperson of the committee, public participation played a vital role in refining the Bill, aligning with the Constitutional Court’s judgments in Mogale and Others v Speaker of the National Assembly and McBride v Minister of Police. Public comments, especially on enhancing parliamentary oversight in the appointment process of the Executive Director, led to notable amendments.

Amendments to Strengthen the Bill

The committee retained sections of the principal Act ensuring parliamentary confirmation for the appointment of the Executive Director. They also revised other sections for more robustness. The Bill now ensures greater parliamentary checks and balances in the appointment process, aligning with the principles outlined in the McBride case.

Appointment Panel and Oversight Enhancements

Discussions within the committee concluded that assigning the appointment panel’s responsibility to a parliamentary committee contradicts government protocols for appointing heads of national departments. To reinforce oversight, a stipulation has been added for parliamentary confirmation or rejection of nominations within 30 working days.

Addressing Vacancies and Appointment Terms

The committee has also addressed the issue of prolonged vacancies in the Executive Director position. If a vacancy is not filled within six months, the Minister must seek an extension from relevant parliamentary and ministerial authorities. Additionally, the committee agreed on a seven-year, non-renewable term for the Executive Director to prevent ambiguity.

SAPS Grade Progression and Remuneration Concerns

Mr. Seabi noted concerns about the backlog in grade progression for South African Police Service (SAPS) members, a commitment made in 2011. Acknowledging fiscal challenges, the committee urged the implementation of strategies to prevent negative impacts on SAPS members, who face competition from private security firms. The SAPS is currently reviewing its promotion policy and conducting international benchmarking studies.

Commitment to Improving SAPS Conditions

Finally, the committee reaffirmed its commitment to improving the service conditions for SAPS members and called for timely execution of strategies aimed at enhancing these conditions.

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