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Address by ANC MP: Comrade Livhuhani Mabija 0n the Independent Police Investigation Directorate Amendment Bill

Speech by ANC MP, comrade LLivhuhani Mabija 0n the Independent Police Investigation Directorate Amendment Bill, National Assembly Cape Town, 04 September 2018

1. Historical underpinnings and political orientation of the Amendment Bill
The ANC government reiterates its support for the functional and operational independence of the Directorate as the oversight mechanism to keep criminality within the ranks of the SAPS in check. The ANC further indicated that the IPID should continue putting strategies and plans in place to ensure better service delivery to communities. The IPID's ultimate goal is to contribute towards the achievement of Vision 2030 as outlined in the National Development Plan which is that, people living in South Africa feel safe and enjoy a community life free of fear.

A Police service which is trusted by the community means the building of a police service that is professional, serves the community, safeguards lives and property without discrimination and respects the right to equity and justice. The Directorate exercises its functions in accordance with the IPID Act, independently from the SAPS and MPS. The thrust of the work of the Directorate is to investigate serious and priority crimes allegedly committed by members of the SAPS and MPS. This includes a greater focus on systemic corruption.

2. Objectives of the Bill
The purpose of the Bill is to amend the Independent Police Investigative Directorate Act, 2011, so as to align the provisions relating to the Independent Police Investigative Directorate with a judgment of the Constitutional Court that strengthens the independence of the IPID and provide for the necessary parliamentary oversight. The constitutional court ruled that the head of Independent Police Investigative Directorate can only be removed for misconduct, incapacity or incompetence following a probe by parliamentary committee and after a vote by a two third majority vote in the national assembly.
To amend those provisions in order to ensure that the Directorate has the necessary structural and operational independence to fulfil its mandate without undue interference; and to provide for matters connected therewith.

2.2 Key Aspects of the Amendment Bill
Amendment of section 6 of the independent Police Investigative Directorate Act, 2011 (No.1 of 2011) (hereinafter referred as to as the principal Act), is hereby amended by the repeal of subsection (6).

2.3 Insertion of section 6A into Act of 2011
The following section is hereby inserted after section 6 of the principal Act:
"Removal from office of Executive
6A. (1) the executive Director may only be removed from office on the ground of misconduct, incapacity or incompetency
(a) On a finding to the effect by a Committee of the National Assembly; and
(b) The adoption by the National Assembly of a resolution calling for that person's removal from office.
6A. (2) The National Assembly may adopt a resolution contemplated in subsection (1)(b) with a supporting vote of at least two thirds of its members.
6A. (3) the minister
(a) May suspend the Executive Director from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person; and
(b) Must remove the executive director from office upon adoption by the National Assembly of a resolution calling for the Executive Director's removal.
6A. (4) the minister may allow the executive, at his or her request, to vacate his or her office
(a) On account of continued ill-health, or
(b) For any other reason which the minister deems sufficient.

6A. (5) the executive Director must address the request contemplated in subsection (4) to the minister, at least six calendar months prior to the date on which the Executive Director wishes to vacate his or her office, unless the minister grants a shorter period in a specific case".

3. Processing the Amendment Bill in Parliament
The Portfolio Committee on Police having met on 6 February 2018, resolves to table a Committee Bill before the National Assembly on amendments to the IPID Bill in line with the Constitutional Court judgment.
The portfolio committee of police was of the opinion that this Bill should be dealt with in terms of the procedure established by section 75 of the Constitution of the Republic of South Africa, 1996, as it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.

4. Conclusion
The ANC therefore supports the Amendment of the Independent Police investigative Directorates as they are in line with section 206 (6) of the constitution and further the Bill is consistent with the pronouncements and findings of the constitutional court and recommends that the house adopts the Bill. The Bill enable parliament to play a far greater role in holding the Executive director of the independent Police Investigative Directorate (IPID) accountable. The Amendments does satisfy the constitutional court ruling and will be able to enable (IPID) to carry its duties professionally, ethically and constitutionally without any fear.

     
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