Department of Police
President Zuma has determined 1 April 2012 to be the date on which the Independent Police Investigative Directorate Act comes into effect.
The act was signed into law in May last year. The bill was tabled in parliament in July 2010.
The act establishes the independent police investigative directorate.
It gives effect to section 206(6) of the constitution which requires that an independent complaints body be established by national legislation.
The directorate is designed to ensure effective independent oversight over the South African Police Service (SAPS) and municipal police services.
It is formed out of the independent complaints directorate (ICD). A primary function will be to investigate criminal offences committed by SAPS members rather than serving as a general complaints body.
The ICD has been criticised in the past as lacking sufficient bite when conducting investigations.
Its establishment also predated the constitution.
It was also seen as having too broad a mandate.
The directorate will be empowered to make disciplinary recommendations following the conclusion of investigations.
It will strive to promote transparency and accountability within the SAPS and municipal police services.
The directorate will now report to the minister as opposed to the SAPS.
The department of police has also published regulations in the Government Gazette setting out how the directorate is to operate.
They will also come into effect on 1 April 2012.
The regulations outline how matters to be investigated are to be reported to the directorate.
Other issues covered in the regulations include:
• Process for dealing with complaints
• Investigation of deaths in police custody or due to police action
• Investigation of criminal matters
• Investigation of discharge of official firearm
• Investigation of referred matters
• Securing of crime scene
• Access and control of confidential information and records
• Integrity testing
• Disciplinary referrals
• Security screening investigations
• Reporting
Sabinet Cape Town Office
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