President signs law entrenching institutional independence of Ipid

President Cyril Ramaphosa has signed into law legislation affirming the institutional and operational independence of the Independent Police Investigative Directorate (Ipid).

The Independent Police Investigative Directorate Amendment Act also empowers Ipid to investigate serious alleged offences committed by police officers whether they are off duty or not.

The Presidency said the new law was an outcome of a comprehensive review of the principal Ipid Act of 2011, initiated by the Civilian Secretariat for Police Service.

The secretariat provides the minister of police with policy advice and research support, develops departmental policy, provides civilian oversight of the police and mobilises stakeholders outside the department around crime prevention and policing matters.

The Presidency said the amended law entrenches the institutional and operational independence of Ipid and makes it clear that the directorate must be independent and impartial and must exercise its powers and functions without fear, favour or prejudice.

The amended law gives effect to an earlier Constitutional Court judgment in the McBride v 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.

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 amendment act 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 also enabled to investigate rape by a member of the police or a member of a municipal police service, whether such member was on or off duty.

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