Honourable chairperson
Honourable members of the NCOP
Ladies and gentlemen
The Independent Police Investigative Directorate Bill (IPID) together with the Civilian Secretariat for Police Bill which have been placed before this House, form an important part of our approach to policing and the type of Force we envisage and wish to move towards.
We once again wish to re-emphasise that, as the ANC government and current police administration, we have committed ourselves to actively combating crime including serious and violent crime by being tougher on criminals and organised syndicates.
We have however always emphasised that this tough stance on crime must be balanced by our philosophy that policing must also be oriented along respect for human rights, be community-centred, biased towards the weak and the safety needs of society.
Honourable members,
These two pieces of legislation seek to establish and put in place mechanisms which will ensure the rule of law is upheld at all material times, even by the law enforcement agencies. This approach is therefore a far cry from the alleged militarisation approach which had been brandied about by some in society.
The Bills were concurrently introduced into Parliament. These two Bills speak to our commitment to civilian oversight of the police. The issue of civilian oversight of the police is not just a mere rhetorical slogan on our part but fundamental to our policing approach.
The fact that we have introduced these Bills before introducing other pieces of legislations further confirms our seriousness within which we value this function. This seriousness affirms our view that this government and ministry have neither desire nor likelihood of this country, at any point moving towards a police state.
In changing the focus and the name of the Independent Complaints Directorate (ICD) to the Independent Police Investigative Directorate (IPID), we are sending a clear message that the new body will focus on not just processing complaints but the emphasis is on developing strong investigative capacity. We also seek to investigate substantial systemic defects in policing and general corruption.
This draft policy drew on the comprehensive guidance given by the White Paper as well as on past ICD experiences and reports emanating from Parliament regarding ICD’s functioning.
Honourable members,
The IPID Bill before you not only change the name of the ICD to the Independent Investigative Directorate (IPID) but also creates a separate piece of legislation for the IPID and removes it from being governed under the South African Police Service Act.
Historically there have been several problems that have plagued the smooth operations of the ICD. While it had investigative powers on police, it still had to submit its recommendations to the National Commissioner of Police. The ICD has had no powers to ensure the implementation of its recommendations.
There have also been concerns raised in Parliament regarding the broad focus of the ICD’s mandate and their inability to effectively implement this mandate. Equally, there have been concerns raised in relation to the ICD lack of powers when investigating cases.
In the legislation determining the mandate of the of the new IPID the focus is squarely on what the most important issues are, that the IPID should deal with in order to make a real impact.
The different, yet complimenting role of the Secretariat for Police is also taken in consideration. There can be no question that the historical dysfunctional nature of the Secretariat created vacuums that the ICD, unsuccessfully, tried to fill. As a result, the lines were blurred and the focus was not always on the ICD’s primary mandate.
In the process of determining the mandate, the principle used is that, the IPID should investigate those matters that will have a lasting impact on transforming the police into a structure that not only deals with crime with vigor but also police upholding the law and the Constitution.
Honourable members,
It is important to note that the monitoring by the ICD of the SAPS compliance to the Domestic Violence Act as well as general complaints by members of the public, are removed from the mandate of the IPID.
The IPID Bill locates some of these oversight functions to the Secretariat, such as the Domestic Violence Act. The Bill further recognises that police themselves must ultimately be responsible for investigating irrespective of whether the perpetrator is a police or not.
The one area we have specifically located under the new IPID is the investigation of any police officer involved in rape. We adopted this stance primarily because; crimes against women and girl children remain one of government’s key priorities.
We want to ensure that in cases where a police officer is suspected of committing such crimes, that such a case is investigated by an independent body. This approach will go a long way in building public confidence in the Force while at the same time, re-enforcing government’s commitment to ensure the most vulnerable in society, are not abused by the very people who should protect them.
Honourable members,
For the IPID to achieve its objectives and strategic goals, it is imperative that its operational framework is properly aligned. To this end, the structure of the new IPID must speak to its core functions.
Past experiences indicated that there have been structural challenges which impacted on the Directorate’s success. The Bill before members speaks to the fact that the national office should be a lean, administrative office providing strategic leadership and direction but with capacity to execute the mandate, located at various provincial offices.
As we had earlier indicated, Honourable members, that there can be no question that the historical dysfunctional nature of the Secretariat created vacuums that the ICD, unsuccessfully, tried to fill.
Section 208 of our Constitution gives effect to the establishment of the Civilian Secretariat under the direction of the Minister of Police. The 1998 White Paper of Safety and Security provides for the South African Police Service (SAPS) to be the vehicle for law enforcement for the Republic.
The White Paper further required and mandated a need to reform the system in which policy, planning and monitoring occurred within the formerly Department of Safety and Security
The Civilian Secretariat for Police Bill has been brought to this Parliament with very clear intentions on the part of the Ministry of Police. We have been forthright in our assertions that, the current policing environment in our country requires us to fight crime smartly, toughly and with no mercy on those heartless criminals.
It also became apparent that as part of our legislative framework, we required strong policing oversight bodies that will make sure that the policies for policing are determined by the executive.
We adopted this framework precisely because, as we have said before this house, we have no intentions of sliding our policing approach towards a police state. We are of a firm view that there needs to be a transparent and separation of powers in determining policy and the implementation thereof.
This Civilian Secretariat for Police Bill gives effect to that separation of powers and functions. It requires the Secretariat to provide sound civilian oversight over SAPS; drive partnerships; provide policy advice to the minister and provides for the reorganisation of the Civilian Secretariat into a designated department.
It further provides for the cooperation between the Independent Police Investigative Directorate and the Secretariat as well as enhance cooperation between the SAPS and the Civilian Secretariat.
Importantly, the Bill de-couples the budget of the Secretariat as a cost centre of SAPS, so that it can maintain its independence from SAPS. We have every confidence that a revamped, efficient and effective Secretariat will enable us to develop police policy that is sound and on par with international best practices.
It should also be remembered that by accepting this legislation, we in no way are second guessing the work of the police. On the contrary, we are making sure that the police render their duties with excellence, across all facets of their interaction with society
We expect the Civilian Secretariat for Police to take responsibility for strategic and indicative planning, research and the formulation of departmental policy proposals, which when approved by the ministry would guide the activities of SAPS.
We expect the Bill to monitor the department to ensure alignment with the policies approved by the minister, and to develop and implement performance controls of the performance agreements which direct functions of SAPS.
It also expected that the Bill will provide ministerial support services, including the management and control of departmental, international, media and stakeholder liaison as well as legal services.
We further envisage that the Bill will implement a communications strategy aimed at informing and mobilising role-players and partners outside the department regarding the policing matters. Ultimately the Bill must strengthen partnerships on social mobilisation to deepen the national dialogue on safety. The Civilian Secretariat for Police will be accountable to the Minister and to Parliament on its functions and activities
Another key aspect of this Bill relates to the establishment of provincial secretariats. We expect better alignment between the Civilian Secretariat and the provinces with the establishment of provincial secretariats. It is here, in the engine room of the provinces, that we will expect to see strong and functioning monitoring and evaluation units.
We also intend to deepen the national dialogue on safety by establishing partnership units as part of the provincial secretariats. We are certain that the Bill before this house provides us with a sterling opportunity to put into practice the policies, methodologies and strategies to refine our policing towards all South Africans.
Honourable members,
We remain committed to see through our vision of a transformed, accountable and effective police service. With these two pieces of legislation we have committed ourselves to continue working for the entrenchment of the human rights culture. We have now provided the new Independent Police Investigative Directorate and the Civilian Secretariat for Police with the necessary tools and it will be up to the leadership of this body to implement their mandate.
I thank you.
