Cele introduces amendment bill knowing full well that it is unconstitutional
30 August 2023
The Minister of Police, Bheki Cele, introduced the Independent Police Investigative Directorate (IPID) Amendment Bill to Parliament even though it has already been labelled unconstitutional by the state's legal advisor.
The amendment deals with the appointment of IPID's executive director, and aims to give the Minister of Police and Cabinet the power to make this appointment.
An independent legal opinion on the matter obtained by the Minister confirms the opinion expressed by the state's legal advisor. A recent Constitutional Court ruling also made it abundantly clear that the appointment process must be impartial and independent.
Parliamentary prescripts stipulate that when a bill is introduced to Parliament, the state's legal advisor must first determine whether it is indeed constitutional.