Stakeholders emphasise need for IPID’s independence to be enhanced
19 October 2023
The Portfolio Committee on Police has successfully concluded the first leg of oral submissions on the Independent Police Investigative Directorate (IPID) Amendment Bill [B21-2023] with most participants highlighting the need to strengthen the independence of the Independent Police Investigative Directorate. Participants highlighted that the Bill in its current form does not encapsulate the spirit of the Constitutional Court judgement in the case of McBride v Minister of Police and other cases
Many of the participants anchored their concerns on clause 4 of the Bill, which proposes the appointment process of IPID’s executive director. Stakeholders highlighted that the Minister’s appointment of this post, with the concurrence of Cabinet, is contrary to the Constitutional Court ruling and has the potential to structurally undermine IPID’s independence. Furthermore, there was a strong argument that the appointment process excludes Parliament, which will rob the selection process of the necessary checks and balances.
Meanwhile, there were opposing views on clause 13 of the Bill, which relates to remuneration and benefits, with some stakeholders welcoming the proposals while others rejected the amendments. Those in support welcomed the proposal that staff benefits for staff referred to in subsection (1) are to be determined in terms of the Public Service Act. Those opposed to the clause, argued that the IPID executive director must have independence to determine staff salaries. Participants also said that determining remuneration and conditions of service must be removed from the office of the Minister.
There was all-round support for clause 3 of the Bill with a strong argument that it would enhance IPID’s independence and impartiality. Participants called for IPID to be free to perform its mandate without any undue influence.
Some participants also called for IPID’s mandate to be extended so that it could become a National Preventative Mechanism institution, which will enable it to conduct preventive monitoring in conformity with the provisions of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Meanwhile, the committee received 22 substantive public submissions and 37 non-substantive submissions on the on the IPID Amendment Bill, 2023 [B21-2023]. Yesterday, the committee received oral submissions from organisations such as AfriForum, the African Policing Civilian Oversight Forum, the Freedom of Expression Institute, the FW de Klerk Foundation, the Independent Policing Union of South Africa and the Police and Prisons Civil Rights Union.
The committee appreciated the time taken by stakeholders to make oral submissions on the Bill. “We do not take lightly these inputs made today and we are of the view that they will assist the committee during the deliberations on the Bill. We greatly show appreciation. We will consider every submission on its merits,” the committee Chairperson Mr Nocks Seabi said.
On 25 October 2023, the committee will hold the second leg of hearings in Parliament in a fully physical setting.
Issued by Malatswa Molepo, Media Officer, Parliamentary Communication Services, 19 October 2023
