Summary
The IPID is mandated to investigate criminal misconduct and offences committed by law enforcement members but cannot do so effectively when it is controlled by the police ministry. The Independent Police Investigative Directorate Amendment Bill, initiated by the SAPS, has been enacted into law under the new administration. The Act aims to increase the institutional and operational/ functional independence of IPID and transfer political control from the police minister to parliament.
View DetailsIs it working?
It's still early to say whether this legislation will ensure adequate independence of the IPID. Once it comes into effect, a parliamentary committee will be tasked to nominate or remove an executive director. While this is certainly an improvement, it does not guarantee that there will be no political influence.
Actions
The president signed the Independent Police Investigative Directorate Amendment Bill into law in July 2024.
Are there plans?
As the law is now in place, oversight of the IPID will be transferred from the police minister to parliament.
Is it on the agenda?
The push for the IPID's independence was influenced by the Constitutional Court case Robert McBride (former IPID executive director) vs Minister of Police. The apex court declared that certain legislative provisions were unconstitutional insofar as they permitted the minister unilaterally to suspend, discipline or remove IPID's executive director. The suspension and removal of the executive director from office should instead be subject to parliamentary oversight through a veto power.
Goals
To operate effectively, the Independent Police Investigative Directorate (IPID), overseen by the Department of Police or the South African Police Service (SAPS), needs to be genuinely independent from the law enforcement agencies which it investigates. The amendments to the Independent Police Investigative Directorate Act include limiting the minister of police’s excessive political powers, particularly in the appointment or removal of key personnel, and transferring these powers to parliament.
Summary
The IPID is mandated to investigate criminal misconduct and offences committed by law enforcement members but cannot do so effectively when it is controlled by the police ministry. The IPID Bill (2023), initiated by the SAPS, has been enacted into law (30 July 2024). The act aims to increase the institutional and operational/ functional independence of IPID and transfer political control from the police minister to parliament. Section 4 of the IPID Amendment Act (2024) introduces significant changes to the appointment process of the IPID executive director. This section of the act mandates the minister to now: • Appoint a panel to assist the minister to identify suitably qualified candidates for appointment as the IPID executive director • Nominate a suitably qualified person and submit the name of such person to the relevant parliamentary committee. Previously, under the principal act (IPID Act 2011), the minister had sole discretion to nominate the executive director without the involvement of a panel.
View DetailsIs it working?
The act is yet to be tested (under the GNU) -- Jennifer Dikeledi Ntlatseng is the current IPID executive director, appointed in 2020 (before the legislation was enacted). The new process will be tested when a new executive director is appointed.
Actions
The president signed the Independent Police Investigative Directorate Amendment Bill into law in July 2024.
Are there plans?
The IPID Amendment Act in place; this should shift oversight of the IPID from being solely under the police minister to including parliamentary oversight as well as the establishment of a panel to handle suspension, discipline and the removal of the executive director. The plan is to limit the minister of police’s excessive political powers, particularly in the appointment or removal of executive directors, and transferring these powers to a panel before parliament.
Is it on the agenda?
The IPID's independence from executive political interference has now been legally strengthened, especially regarding the suspension, discipline and removal of its executive director. This change was mandated by a 2016 Constitutional Court ruling (McBride v Minister of Police) that declared certain provisions in the old IPID Act unconstitutional as they permitted the police minister to unilaterally suspend or remove the executive director. The new IPID Amendment Bill shifts these powers to parliament for oversight.
Goals
The main goal of the Independent Police Investigative Directorate (IPID) Amendment Bill is to entrench the institutional and operational independence of IPID, ensuring it functions independently, impartially and without fear, favour, prejudice or undue influence. It also aims to limit the minister of police’s excessive political powers, particularly in the appointment or removal of executive directors, and transferring these powers to a panel before parliament.
Summary
The IPID is mandated to investigate criminal misconduct and offences committed by law enforcement members but cannot do so effectively when it is controlled by the police ministry. The IPID Bill (2023), initiated by the SAPS, has been enacted into law (30 July 2024). The act aims to increase the institutional and operational/ functional independence of IPID and transfer political control from the police minister to parliament. Section 4 of the IPID Amendment Act (2024) introduces significant changes to the appointment process of the IPID executive director. This section of the act mandates the minister to now: • Appoint a panel to assist the minister to identify suitably qualified candidates for appointment as the IPID executive director • Nominate a suitably qualified person and submit the name of such person to the relevant parliamentary committee. Previously, under the principal act (IPID Act 2011), the minister had sole discretion to nominate the executive director without the involvement of a panel.
View DetailsIs it working?
The act is yet to be tested (under the GNU) -- Jennifer Dikeledi Ntlatseng is the current IPID executive director, appointed in 2020 (before the legislation was enacted). The new process will be tested when a new executive director is appointed.
Actions
The president signed the Independent Police Investigative Directorate Amendment Bill into law in July 2024.
Are there plans?
The IPID Amendment Act in place; this should shift oversight of the IPID from being solely under the police minister to including parliamentary oversight as well as the establishment of a panel to handle suspension, discipline and the removal of the executive director. The plan is to limit the minister of police’s excessive political powers, particularly in the appointment or removal of executive directors, and transferring these powers to a panel before parliament.
Is it on the agenda?
The IPID's independence from executive political interference has now been legally strengthened, especially regarding the suspension, discipline and removal of its executive director. This change was mandated by a 2016 Constitutional Court ruling (McBride v Minister of Police) that declared certain provisions in the old IPID Act unconstitutional as they permitted the police minister to unilaterally suspend or remove the executive director. The new IPID Amendment Bill shifts these powers to parliament for oversight.
Goals
The main goal of the Independent Police Investigative Directorate (IPID) Amendment Bill is to entrench the institutional and operational independence of IPID, ensuring it functions independently, impartially and without fear, favour, prejudice or undue influence. It also aims to limit the minister of police’s excessive political powers, particularly in the appointment or removal of executive directors, and transferring these powers to a panel before parliament.
Summary
The IPID is mandated to investigate criminal misconduct and offences committed by law enforcement members but cannot do so effectively when it is controlled by the police ministry. The Independent Police Investigative Directorate Amendment Bill, initiated by the SAPS, has been approved and sent to the president and it is likely to be enacted into law before the elections in May. The bill aims to increase the institutional and operational/ functional independence of the IPID and transfer political control from the police minister to parliament.
View DetailsIs it working?
It's still early to say whether this legislation will ensure adequate independence of the IPID. Once enacted, a parliamentary committee will be tasked to nominate or remove an executive director which is certainly an improvement but does not guarantee that there will be no political influence.
Actions
The Independent Police Investigative Directorate Amendment Bil awaits the president's signature after approval by both the NA and NCOP.
Are there plans?
Once signed into law, oversight of the IPID will be transferred from the police minister to parliament.
Is it on the agenda?
The push for the IPID's independence was influenced by the Constitutional Court case Robert McBride (former IPID executive director) vs Minister of Police. The apex court declared that certain legislative provisions were unconstitutional insofar as they permitted the minister unilaterally to suspend, discipline, or remove IPID's executive director. The suspension and removal of the executive director from office should instead be subject to parliamentary oversight through a veto power.
Goals
To operate effectively, the Independent Police Investigative Directorate (IPID), overseen by the Department of Police or the South African Police Service (SAPS), needs to be genuinely independent from the law enforcement agencies which it investigates. The amendments to the Independent Police Investigative Directorate Act include limiting the minister of police’s excessive political powers, particularly in the appointment or removal of key personnel, and transferring these powers to parliament.
Summary
The IPID is mandated to investigate criminal misconduct and offences committed by law enforcement members but cannot do so effectively when it is controlled by the police ministry. The Independent Police Investigative Directorate Amendment Bill, initiated by the SAPS, has been enacted into law under the new administration. The Act aims to increase the institutional and operational/ functional independence of IPID and transfer political control from the police minister to parliament.
View DetailsIs it working?
It's still early to say whether this legislation will ensure adequate independence of the IPID. Once it comes into effect, a parliamentary committee will be tasked to nominate or remove an executive director. While this is certainly an improvement, it does not guarantee that there will be no political influence.
Actions
The president signed the Independent Police Investigative Directorate Amendment Bill into law in July 2024.
Are there plans?
As the law is now in place, oversight of the IPID will be transferred from the police minister to parliament.
Is it on the agenda?
The push for the IPID's independence was influenced by the Constitutional Court case Robert McBride (former IPID executive director) vs Minister of Police. The apex court declared that certain legislative provisions were unconstitutional insofar as they permitted the minister unilaterally to suspend, discipline or remove IPID's executive director. The suspension and removal of the executive director from office should instead be subject to parliamentary oversight through a veto power.
Goals
To operate effectively, the Independent Police Investigative Directorate (IPID), overseen by the Department of Police or the South African Police Service (SAPS), needs to be genuinely independent from the law enforcement agencies which it investigates. The amendments to the Independent Police Investigative Directorate Act include limiting the minister of police’s excessive political powers, particularly in the appointment or removal of key personnel, and transferring these powers to parliament.
Summary
The IPID is mandated to investigate criminal misconduct and offences committed by law enforcement members but cannot do so effectively when it is controlled by the police ministry. The Independent Police Investigative Directorate Amendment Bill, initiated by the SAPS, has been enacted into law under the new administration. The Act aims to increase the institutional and operational/ functional independence of IPID and transfer political control from the police minister to parliament.
View DetailsIs it working?
It's still early to say whether this legislation will ensure adequate independence of the IPID. Once it comes into effect, a parliamentary committee will be tasked to nominate or remove an executive director. While this is certainly an improvement, it does not guarantee that there will be no political influence.
Actions
The president signed the Independent Police Investigative Directorate Amendment Bill into law in July 2024.
Are there plans?
As the law is now in place, oversight of the IPID will be transferred from the police minister to parliament.
Is it on the agenda?
The push for the IPID's independence was influenced by the Constitutional Court case Robert McBride (former IPID executive director) vs Minister of Police. The apex court declared that certain legislative provisions were unconstitutional insofar as they permitted the minister unilaterally to suspend, discipline or remove IPID's executive director. The suspension and removal of the executive director from office should instead be subject to parliamentary oversight through a veto power.
Goals
To operate effectively, the Independent Police Investigative Directorate (IPID), overseen by the Department of Police or the South African Police Service (SAPS), needs to be genuinely independent from the law enforcement agencies which it investigates. The amendments to the Independent Police Investigative Directorate Act include limiting the minister of police’s excessive political powers, particularly in the appointment or removal of key personnel, and transferring these powers to parliament.
Summary
The IPID is mandated to investigate criminal misconduct and offences committed by law enforcement members but cannot do so effectively when it is controlled by the police ministry. The Independent Police Investigative Directorate Amendment Bill, initiated by the SAPS, has been enacted into law under the new administration. The Act aims to increase the institutional and operational/ functional independence of IPID and transfer political control from the police minister to parliament.
View DetailsIs it working?
It's still early to say whether this legislation will ensure adequate independence of the IPID. Once it comes into effect, a parliamentary committee will be tasked to nominate or remove an executive director. While this is certainly an improvement, it does not guarantee that there will be no political influence.
Actions
The president signed the Independent Police Investigative Directorate Amendment Bill into law in July 2024.
Are there plans?
As the law is now in place, oversight of the IPID will be transferred from the police minister to parliament.
Is it on the agenda?
The push for the IPID's independence was influenced by the Constitutional Court case Robert McBride (former IPID executive director) vs Minister of Police. The apex court declared that certain legislative provisions were unconstitutional insofar as they permitted the minister unilaterally to suspend, discipline or remove IPID's executive director. The suspension and removal of the executive director from office should instead be subject to parliamentary oversight through a veto power.
Goals
To operate effectively, the Independent Police Investigative Directorate (IPID), overseen by the Department of Police or the South African Police Service (SAPS), needs to be genuinely independent from the law enforcement agencies which it investigates. The amendments to the Independent Police Investigative Directorate Act include limiting the minister of police’s excessive political powers, particularly in the appointment or removal of key personnel, and transferring these powers to parliament.