The Independent Complaints Directorate (ICD) has changed its name to the Independent Police Investigative Directorate (IPID) as from 1 April 2012.
This change is brought about by the Independent Police Investigative Directorate Act, No. 1 of 2011, which was signed into law by President JG Zuma on 12 May 2011. The implementation date was set for 1 April 2012 after the approval of the regulations by the Minister of Police. The independence of the IPID from the police is entrenched by this legislation.
The IPID Act focuses the mandate of the Directorate to include:
- any deaths in police custody and deaths as a result of police actions,
- any complaint relating to the discharge of an official firearm by any police officer,
- rape by a police officer whether on or off duty,
- rape of any person while the person is in police custody,
- any complaint of torture or assault against a police officer, and
- corruption matters within the police.
This means that the IPID will no longer deal with service delivery matters and matters relating to the failure by the police to comply with the provisions of the Domestic Violence Act, No. 116 of 1998. Such matters will be handled by the Inspectorate of the South African Police Service (SAPS) and the Secretariat of Police respectively.
The IPID Act places an obligation on the Station Commissioner to:
- immediately notify the IPID of any matter falling under the scope of investigation of the Directorate, and
- submit a written report to the Directorate within 24 hours thereafter.
The members of the South African Police Service or Municipal Police Services must provide their full cooperation to the Directorate, including but not limited to:
- the arrangement of an identification parade within 48 hours of the request made by the Directorate,
- the availability of members for the taking of an affidavit or an affirmed declaration or to give evidence or produce any document in that member's possession or under his or her control which has a bearing on the matter being investigated, and
- any other information or documentation required for investigation purposes.
The National Commissioner or the appropriate Provincial Commissioner to whom recommendations regarding disciplinary matters were referred must:
- Within 30 days of receipt thereof, initiate disciplinary proceedings in terms of the recommendations made by the Directorate and inform the Minister in writing, and provide a copy thereof to the Executive Director and the Secretary of Police,
- Quarterly submit a written report to the Minister on the progress regarding disciplinary matters made and provide a copy thereof to the Executive Director and the Secretary, and
- Immediately on finalisation of any disciplinary matter referred to it by the Directorate, inform the Minister in writing of the outcome thereof and provide a copy thereof to the Executive Director and the Secretary.
An IPID investigator has the powers as provided for in the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which are bestowed upon a peace officer or a police official, relating to:
- the investigation of offences,
- the ascertainment of bodily features of an accused person,
- the entry and search of premises,
- the seizure and disposal of articles,
- arrests,
- the execution of warrants, and
- the attendance of an accused person in court.
In addition, the IPID has been granted an additional R36 million in funding to implement the Act - this entails employing more investigators to ensure the successful implementation of the new mandate. The IPID welcomes the change in name and the new mandate and affirms its commitment to investigating without fear, favour or prejudice.
For enquiries:
Moses Dlamini
Cell: 082 809 1927
E-mail: mdlamini@icd.gov.za
