FW de Klerk Foundation's role in advancing the IPID Amendment Act
2 August 2024
The FW de Klerk Foundation acknowledges President Cyril Ramaphosa’s signing of the Independent Police Investigative Directorate (“IPID”) Amendment Act into law on 25 July 2024. This significant legislative step follows our detailed written submission on the Bill’s constitutionality on 2 October 2023 and our verbal submission to the Portfolio Committee on Police on 18 October 2023.
The IPID Amendment Bill aimed to expand the IPID’s mandate to investigate serious crimes committed by law enforcement officers, whether on or off duty. The amendments were prompted by the Constitutional Court’s ruling in the McBride v Minister of Police and Another case, which invalidated provisions allowing the Minister of Police to take disciplinary measures against the IPID Executive Director without parliamentary oversight. The Court emphasised the need for IPID’s independence and a transparent selection process for the Executive Director, aligning with democratic principles.
However, the Foundation expressed grave concerns regarding clause 4, which initially concentrated appointment powers of the Executive Director in the hands of the Minister of Police and Cabinet. This provision risked undermining the IPID’s independence by subjecting it to potential political pressures, in contravention of section 206(6) of the Constitution. The clause was also in stark contrast to section 1(c) of the Constitution, as it undermined the foundational value of the separation of powers, a cornerstone of democratic governance.
Clause 4 was subsequently amended to introduce a more balanced appointment process. The new provision mandates the Minister to appoint a panel to identify suitable candidates and requires parliamentary approval of the Executive Director’s nomination within 30 parliamentary working days. This change addresses the Foundation's concerns regarding the potential for political interference and aligns the appointment process with constitutional principles and international best practices.
Ismail Joosub, Manager of Constitutional Advancement, stated, “The amendments to clause 4 mark a critical improvement in safeguarding the independence of the IPID. The requirement for parliamentary oversight is a welcomed addition that enhances transparency and accountability.”
Christo van der Rheede, Executive Director of the Foundation, added, “While the amendments to the IPID Amendment Act are commendable, ongoing vigilance is necessary to ensure the Act's effective implementation. The Foundation remains committed to monitoring this and other legislative developments to uphold the principles of constitutional democracy and advance human rights.”
The FW de Klerk Foundation will continue to advocate for constitutional integrity and the protection of human rights in all legislative processes, remaining vigilant to ensure these principles are upheld.
Issued by FW de Klerk Foundation, 2 August 2024
