DA rejects Minister Cele’s IPID head nomination, submits new Private Members Bill to ensure independence

9 July 2020

Note to Editors: Please find attached the DA's Private Members Bill (PMB)

The Democratic Alliance (DA) strongly objects to Minister of Police, Bheki Cele’s nomination of Dikeledi Ntlatseng as the new executive director for the Independent Police Investigative Directorate (IPID).

We will not be supporting this appointment, especially in light of our repeated concerns regarding the fatally flawed nomination process.

The Helen Suzman Foundation’s case before the Supreme Court of Appeal (SCA) concerning the renewal process related to the IPID executive director’s term of office is further cause to reject the Minister’s nomination.

Since November 2019 the DA has consistently appealed to the Minister and the committee to review the nomination process to ensure that is open and transparent. The DA has made tangible proposals and raised critical questions regarding the nomination process which we believe to be fatally flawed (see letter )

Not only has the entire process been shrouded in secrecy but there is a case before the courts regarding this matter and earlier this year the Minister himself missed his own legislated deadline to appoint a new head of IPID.

In the interim, the DA can announce that we have submitted our Private Members Bill (PMB) to amend the IPID Act to limit the powers of the Police Minister in appointing the executive director of the police watchdog.

The DA’s PMB proposes the following:

That amendments be made to Section 6 of the IPID Act in order to allow for an independent panel to shortlist candidates;

That Parliament must lead the nomination process;

The Minister must appoint an IPID head following the recommendation of the National Assembly; and

The process will also allow for public comments on the shortlisted candidates.

The DA has long held the view that the IPID Act, in its current form, is inadequate insofar as the protection of IPID’s independence from Executive interference.

In response to a previous letter from the DA requesting that Parliament consider the urgent amendment to IPID Act, the chairperson of the portfolio committee on police, Tina Joemat-Petterson, said that the department cannot wait for the legislation to be amended before appointing an IPID head.

The DA does not support this view and believes that Parliament now has a perfect opportunity to ament the IPID Act as proposed by our PMB. Failing to do so now would be a failure of the committee’s duty to hold the Executive to account.

If we are going to see an end to police abuse we need to create a culture of accountability and consequence in the South African Police Service. The independence of IPID is key to creating this culture and bringing those who commit these abuses to justice.

Issued by Andrew Whitfield, DA Shadow Minister of Police, 9 July 2020