ANC rubber stamps Cele’s unconstitutional IPID Bill
6 September 2023
The Police Portfolio Committee on Police today approved a motion of desirability on the IPID Amendment Bill which was found to be unconstitutional by the Office of the Chief State Law Advisor (OCSLA), a Parliamentary Legal Advisor and an Advocate outside of government.
The OCSLA refused to certify this unconstitutional Bill yet the ANC members of the Police Committee decided to proceed. It is unprecedented that an uncertified Bill is processed by Parliament.
The current Bill before Parliament has removed any role for Parliament in the appointment process of the Executive Director of IPID and placed the power entirely in the hands of the Minister of Police. The DA has long held the view that Parliament should play a bigger role in the appointment process of the Executive Director of IPID in order to strengthen the independence of IPID.
The Bill sent to Parliament seeks to weaken the independence of IPID and is contrary to the explicit constitutional expression for independence of the police watchdog contained in section 2026 (6) of the Constitution which provides for the establishment of an independent police complaints body that must investigate any alleged misconduct of, or offence committed by, a member of the police service.