By Lehlohonolo Lehana.
Parliament’s Police Portfolio Committee has voted in favour of pushing on with the Independent Police Investigative Directorate (IPID) Amendment Bill, despite objections from opposition parties.
The bill is aimed at increasing the police watchdog’s institutional and operational independence in investigating crimes committed by police officers.
The majority view was that there is an urgent need to strengthen, through legislation, IPID’s institutional and operational independence and give effect to the Constitutional Court judgement in the case of McBride v Minister of Police Bheki Cele.
While there were concerns about the Bill’s lack of certification by the Office of the State Law Advisor as it relates to apprehension on the constitutionality of clause 4 of the Bill, the committee emphasised that the Bill’s principles are accepted.
The committee’s adoption of the motion of desirability is in line with National Assembly Rule 286 (6). The committee reiterates that it has taken due regard of the legal advice provided and will ensure that its processes comply with the Constitution, South Africa’s laws and regulations and National Assembly rules.
“This decision is necessary as Parliament is the only body that has the mandate to legislate the structural and operational independence of IPID in accordance with section 206 (6) of the Constitution. We must also emphasise that the decision was taken with full consideration of the legal advice provided and that every step of the process will be guided by legal considerations, “said Nocks Seabi, the Chairperson of the committee.
But the Democratic Alliance (DA) has argued a new provision which will give the police minister all the power to appoint an Ipid head and remove Parliament’s role in the selection – is the very antithesis of achieving greater independence.
“It is clear that Cele is trying to consolidate control over IPID so that he can control the entire policing value chain. If the Minister gets his way South Africa will have a police watchdog that cannot bite or bark, said the DA.
The DA will now write to the Committee Chairperson, Honourable Seabi, to request a legal opinion from the State Law Advisor on whether the process followed by Cabinet is valid considering that the public was not given an opportunity comment on the final version of the Bill sent to Parliament. We will also write to the President to request his confirmation that Cabinet was made aware of the unconstitutionality of the Bill.
The Institute for Security Studies has also raised the concern that this provision could increase Ipid’s vulnerability to political interference.