IPID AMENDMENT ACT 2024: MOST SECTIONS NOW IN FORCE

IPID AMENDMENT ACT 2024: MOST SECTIONS NOW IN FORCE

• 29 August 2025
• New Legislation
• SA Legal Academy

Except for sections 6, 12, 14, 16 and 18, the 2024 Independent Police Investigative Directorate (IPID) Amendment Act is now in force, according to a presidential proclamation in the Government Gazette. This is noting that:

• the 2024 amendment Act gives effect to most aspects of a 2016 Constitutional Court ruling popularly known as the McBride judgment
• the ruling sought to entrench the IPID’s ‘institutional and operational independence’, enabling it to function ‘without any favour or bias’
• the 2019 amendment Act (in force since November 2024) gave effect to certain Constitutional Court requirements regarding parliamentary oversight in the context of ministerial decisions affecting the IPID’s executive director, and that
• the 2024 amendment Act also mandates the IPID to investigate allegations of:
  • rape by a member of the South African Police Service or a member of a municipal police service, as well as
  • any death caused by the actions of such members, whether on or off duty.

Against that backdrop, regarding sections of the 2024 amendment Act not yet in force:

• section 6 (amending the principal statute’s section 8) deals with appointments to the national office
• section 12 (amending the principal statute’s section 22) deals with the appointment of investigators
• section 14 (amending the principal statute’s section 24) deals with an investigator’s functions and powers
• section 16 (amending the principal statute’s section 28) deals with the types of matters to be investigated, and
• section 18 (amending the principal statute’s section 30) deals with disciplinary recommendations.

Please click the links below for more information:

• 2024 amendment Act
• presidential proclamation
• Constitutional Court ruling
• SA Legal Academy report on 2019 amendment Act

Published by SA Legal Academy Policy Watch

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