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.

Moreover, the Bill will remove the Parliamentary Portfolio Committee on Police's powers in the appointment process.

Various institutions have already objected to the proposed amendment as well.

It is clear that the Minister wants to abuse his power to gain control over IPID, while the main aim should be to maintain and protect the Directorate's independence.

Minister Cele is busy intimidating and manipulating officials in an attempt to table an unconstitutional bill.

The FF Plus will oppose this Bill. The sheer arrogance demonstrated by the Minister in ignoring legal opinions as well as a Constitutional Court ruling points to the ANC government's abuse of power.

Issued by Pieter Groenewald, FF Plus leader, 30 August 2023