Action Society has slammed the Independent Police Investigative Directorate (Ipid) Amendment Bill, which was recently approved by the police portfolio committee.
Action Society said in order for Ipid to be fully independent, the "unconstitutional legislation" governing Ipid's operations must be withdrawn.
The Cape Times reported that the amendment bill provides that the minister, with the concurrence of the Cabinet, shall appoint the Ipid executive director. This is a departure from the current Act that makes a provision for the police minister to nominate a new Ipid head and that allows for MPs to either approve or reject the nomination.
The proposed amendment bill also gives powers to Police Minister Bheki Cele to determine the remuneration of Ipid investigators in consultation with the finance minister.
"The Constitution must be amended to provide for Ipid’s status as a Chapter 9 institution and to expressly guarantee its independence and protection from arbitrary removal from office," said Action Society's Ian Cameron.
He said the move will give the police minister full control over Ipid's activities, rendering the police watchdog body toothless in the fight against police misconduct and abuse of power by officers.
Effectively, the Bill will give Cele more power over the body, including the power to appoint an executive director.
Cameron said Action Society lodged an appeal through the Promotion of Access to Information Act, asking for access to the performance agreements signed by the ministers, their evaluation reports, and other records or information since President Cyril Ramaphosa put the policy into place in 2020.
He added that in response, the Office of the Presidency replied that the Department of Planning, Monitoring, and Evaluation indicated that there is no evaluation report as yet on the assessment of ministers.
"Without an independent and constitutional Ipid, police misconduct and criminal activities will go unchecked and unpunished. The only way forward is a change in the Constitution to provide for Ipid’s status as a Chapter 9 institution and to expressly guarantee its independence and protection from political interference," he said.
Action Society launched a campaign to change the Ipid into a truly independent Chapter 9 institution, like the Public Protector.
"Through our suggested amendments, we will ensure that Ipid can effectively investigate and address misconduct and criminal activity by police officers and protect the public from any potential abuses of power," Cameron said.
This year alone, more than 20 police officers have been arrested, charged or convicted of crimes. In a recent case, a police sergeant was sentenced for attempted murder, while another was sentenced for attempted rape.
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