Should the Independent Police Investigative Directorate become a Chapter 9 institution? That’s the question that was raised during the deliberations about the IPID Amendment Bill in Parliament on Wednesday. Some civil society organisations shared their opinions on the changes that they propose should be made in the Bill. Various groups appeared before Parliament’s Portfolio Committee on Police, outlining what they believe are pros and cons in the Bill.
One of the objectives of this Bill is to grant the body more independence. One NGO say this is crucial for IPID, the police watchdog, to fulfil its mandate of holding the South African Police Service accountable. The IPID Amendment Bill seeks to ensure the Directorate is independent, impartial and must exercise its powers and functions without fear, favour, prejudice or undue influence. A common thread among the presentations is the importance of the independence of this body.
“We see the political bullying in SAPS quite often,” says Action Society’s Ian Cameron.
“We support amendments saying it must be independent and impartial,” says Gun Free SA’s Adele Kirsten.
One of the amendments relate to the appointment of the IPID Executive Director. This is a concern as bodies believe the Police Minister still has too much power over the appointment of the head of this entity.
“Don’t change the act or improve it. This committee can reject or accept the minister’s nominee,” says Helen Suzman Foundation’s Christopher Fisher,
“The perceived and or real interference in the IPID by the SAPS or any politician is of great concern and was a matter that the constitutional court expressed itself on in the judgement of the court in the matter of Mcbride vs Minister of Police,” says UCT Centre of Criminology Law Faculty’s Dr Irvine Kinnes,
In 2020, the ConCourt ruled that the Act be amended. The South African Police Union (SAPU) expressed concern about the Constitutionality of the Bill.
“SAPS is very concerned about the legal opinions,” says SAPU’s Tshepo Matsane.
Critics of the Bill say it was forced through and believe it should never have been tabled before Parliament. The committee says it will engage with IPID and the Civilian Secretariat for Police, who drafted the Bill.
