Hon Chairperson, hon members of this august House, the Independent Police Investigative Directorate, IPID, Amendment Bill
emanates from a Constitutional Court judgement. On 6 September 2016, the Constitutional Court held that sections 6(3)(a) and 6(6) of the IPID Act which allowed for the suspension, disciplinary action and removal of the Executive Director by the Minister of Police, were invalid and inconsistent with section 206(6) of the Constitution which refers to an independent police complaints body.
The Portfolio Committee on Police in the National Assembly initiated the committee Bill in order to give effect to the Constitutional Court judgment. The Independent Police Investigative Directorate Amendment Bill contains three clauses and the amendments aim to:
Cure the constitutional defects identified by the Constitutional Court; and provide for greater independence of the Executive Director in fulfilling his obligations and mandate; and to create legal certainty on the process for suspension and removal of the Executive Director.
The Bill was referred to the fifth Parliament Select Committee on Security and Justice on 4 September 2018. The fifth Parliament select committee advertised the Bill for public comment and received seven submissions on the Bill. During its deliberations on the Bill and the submissions, it became clear to the committee that most of
the submissions refer to a process that is broader than the amendments contained in the current Bill before the Committee. The organisations, including IPID, wished to have the entire IPID Act reviewed which fell outside the ambit of the current amendments to the Bill before the committee.
The committee therefore noted that while there was a need for a broader review of the IPID Act, the broader policy discussion would be better placed at the departmental level. Due to the fact that the IPID Amendment Bill before the committee only sought to remedy the constitutional provisions of the IPID Act, the committee adopted the Bill without any amendments.
The committee is of the view that the constitutional amendments to the IPID Bill, will contribute to ensuring IPID's independence as an institution capable of fulfilling its important role of being a watchdog over SAPS. The Select Committee on Security and Justice recommends that the NCOP adopts the report and the Bill with no amendments. Thank you Chairperson.