From watchdog to lapdog: How the IPID Amendment Bill shakes South Africa's policing
18 September 2023
On 30 July 2023, the Independent Police Investigative Directorate (IPID) Amendment Bill was introduced in the National Assembly, and is currently being considered by Parliament’s Portfolio Committee on Police. Despite being labelled as unconstitutional by legal experts, including the Office of the Chief State Law Advisor, the Bill seeks to grant unprecedented power to Police Minister Bheki Cele over the IPID. The Bill has sparked intense debate and legal scrutiny in South Africa, with concern expressed over the potential implications it carries for the nation’s policing sector.
The genesis of the Bill can be traced back to the 2016 Constitutional Court ruling involving the suspension of then-IPID executive director, Robert McBride, by then-Minister of Police, Nathi Nhleko. The Constitutional Court found that the IPID Act contained provisions that gave the Minister of Police excessive political powers, allowing undue influence over the executive director of IPID.
The court’s decision was clear: the existing IPID Act was in contravention of South Africa’s constitutional principles, which call for the establishment of an ‘independent police complaints body’ to investigate alleged misconduct or offences committed by members of the police service. In essence, the Act allowed the Minister to suspend, discipline, or remove the executive director without parliamentary oversight, eroding the desired independence of IPID.
As a result of the Constitutional Court ruling, legislative changes were deemed necessary to enhance the IPID’s institutional independence and reduce political interference. A Bill was consequently enacted in 2020 to address the removal of the IPID executive director, which marked a step toward rectifying the issues raised by the court.