INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE AMENDMENT BILL TABLED

INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE AMENDMENT BILL TABLED

• 21 July 2023
• Parliament
• SA Legal Academy

The September 2016 Constitutional Court ruling on sections of the yet-to-be-commenced Independent Police Investigative Directorate (IPID) Act, 2011, (popularly known as the ‘McBride judgment') underpins an Amendment Bill eventually tabled in Parliament almost seven years later. This is confirmed in recently circulated parliamentary papers also announcing the tabling of a Divorce Amendment Bill, which is the focus of a separate SA Legal Academy report.

Released in draft form in November 2022 for public comment, the IPID Amendment Bill ‘seeks to entrench the institutional and operational independence of the IPID’. To that end, according to a memorandum on the Bill’s objects, it’s provisions are intended to ‘make it expressly clear that (the) IPID must be independent, impartial and exercise its powers and functions without fear, favour or prejudice’.

In addition, among other things, the Bill provides for:

• investigations into allegations of rape and murder committed by a police officer ‘while on or off duty’, and
• strengthens sections of the principal statute dealing with the implementation of disciplinary measures.

Please click the links below for more information:

• Bill
• Constitutional Court judgment
• parliamentary papers (page 2)
• Act 

Published by SA Legal Academy Policy Watch

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