By Phenyo Selinda
President Cyril Ramaphosa has officially signed the Independent Police Investigative Directorate (IPID) Amendment Bill into law. According to the Presidency, this new legislation is designed to “affirm the institutional and operational independence” of IPID, empowering the directorate to “investigate serious alleged offences committed by police officers, whether they were off duty or not.”
Enhanced Independence and Impartiality
The new law entrenches IPID’s independence, mandating that the directorate must be independent, impartial, and operate without fear, favour, or prejudice. This legislative update gives effect to a Constitutional Court judgment in the McBride v Minister of Police and Another case, which previously invalidated provisions that allowed the Minister of Police to discipline the Executive Director of IPID without parliamentary oversight.
The newly signed law amends key provisions in the appointment processes and expands the scope of investigations IPID can undertake. This move is seen as a significant step towards ensuring greater accountability and transparency within the South African Police Service (SAPS) and municipal police services.
Key Provisions of the Amendment Act
The updated legislation includes several important changes:
• Appointment and Responsibilities: The amendment revises the provisions related to the appointment of the Executive Director of IPID, broadening the Executive Director’s responsibilities regarding the referral of recommendations on disciplinary matters.
• Pre-employment Screening: The Amendment Act now mandates pre-employment security screening investigations to be conducted by IPID.
• Scope of Investigations: IPID is now empowered to investigate any deaths caused by actions of a SAPS member or a municipal police service member, whether they were on or off duty. Additionally, IPID can investigate cases of rape by SAPS members or municipal police service members, irrespective of their duty status.
• Savings Provision: The law includes provisions that safeguard the conditions of service for existing IPID investigators and provincial heads.
Comprehensive Review and Policy Support
The newly enacted IPID Amendment Act is the result of an extensive review of the original IPID Act of 2011, initiated by the Civilian Secretariat for Police Service. The Secretariat provides the Minister of Police with policy advice, research support, and civilian oversight of SAPS, while also engaging stakeholders outside the department on crime prevention and policing issues.
In a statement, the Presidency emphasized the critical role of this legislation in enhancing the accountability of police conduct in South Africa. “The newly enacted Independent Police Investigative Directorate Amendment Act is an outcome of a comprehensive review aimed at strengthening the oversight capabilities of IPID,” the Presidency noted.


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