The Independent Complaints Directorate (ICD) welcomes this opportunity to engage with the media and the people of the Eastern Cape. We thought we should visit Nelson Mandela Bay municipality today to talk to you about the work of the ICD in this province. Tomorrow we will be in East London.
ICD's mandate
The mandate of the ICD is to conduct independent and impartial investigations of alleged criminality and misconduct committed by members of the South African Police Service (SAPS) Municipal Police Services (MPS). This mandate has been expanded and focus by the new Independent Police Investigative Directorate (IPID) legislation which was recently signed into law by President Zuma on 12 May 2011. It is just a matter of time before this legislation becomes operational.
New legislation
This legislation gives the IPID the necessary teeth in the following ways:
The focus on the types of investigations to be conducted is sharpened, namely:
- any deaths in police custody
- 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 the police officer is on or off duty
- rape of any person while that person is in police custody
- any complaint of torture or assault against a police officer in the execution of his or her duties
- may investigate corruption matters within the police initiated by the Executive Director on his or her own, or after the receipt of a complaint from a member of the public, or referred to the Directorate by the
- Minister, an MEC or the Secretary, as the case may be
- any other matter referred to it as a result of a decision by the Executive Director, or if so requested by the Minister, an MEC or the Secretary as the case may be.
The Station Commissioner or any member of the SAPS or MPS must:
- immediately after becoming aware, notify the Directorate of any matters that must be investigated by the Directorate
- within 24 hours thereafter, submit a written report to the Directorate in the prescribed form and manner of any such matter
- An obligation to act on or respond to the IPIDs disciplinary recommendations is put on the National Commissioner in that he 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
- quarterly submit a written report to the Minister on the progress regarding disciplinary matters made in terms of paragraph (a) and provide a copy thereof to the Executive Director and the Secretary
- immediately on finalisation of any disciplinary matter referred to it by the Directorate, to inform the Minister in writing of the outcome thereof and provide a copy thereof to the Executive Director and the Secretary.
The members of the SAPS or MPS 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
- any other information or documentation required for investigation purposes
The ICD has costed the new legislation and such requirements will be taken to National Treasury to ensure that the necessary budget is made available to fund the IPID mandate.
Cases on the court roll
Currently, the ICD in the Eastern Cape has twenty-four (24) cases on the court roll, of these thirteen (13) are cases of murder, six (6) of assault GBH, two (2) of attempted murder, one of rape and one of intimidation and resisting arrest. We will provide more detailed statistics when we table our Annual Report 2010/11 in September 2011.
Accessibility
We are concerned about not having an office in the greater Nelson Mandela Bay area and surroundings. We will be approaching the National Treasury to give us funding to establish a satellite office in Port Elizabeth over the next MTEF period.
We are planning to have an extensive campaign to market the new IPID and launch it as a brand. Therefore, we will appreciate your support in making the public aware of this new body and the important role it will play in ensuring proper police conduct.
I want to thank you again for this opportunity.
Enquiries:
Moses Dlamini
Cell: 082 809 1927
