Independent Police Investigative Directorate Amendment, 2018 - Draft

The Portfolio Committee on Police, acting in accordance with section 73(2) of the Constitution of the Republic of South Africa, 1996, intends to introduce the Independent Police Investigative Directorate Amendment, 2018 in Parliament during the second/third quarter of 2018. A draft Bill is hereby published in accordance with Rule 276(1)(c) of the Rules of the National Assembly (9th Edition).

The Constitutional Court declared the following provisions invalid to the extent that they authorise the Minister of Police to suspend, take disciplinary steps pursuant to suspension, or remove from office the Executive Director of the Independent Police Investigative Directorate (“IPID”):

 • section 6(3)(a) and 6(6) of the Independent Police Investigative Directorate Act, 2011;
 • sections 16A(1), 16B, 17(1) and 17(2) of the Public Service Act, Proclamation 103 of 1994 (“Public Service Act”); and
• regulation 13 of the Independent Police Investigative Directorate Regulations for the Operation of the IPID (“IPID Regulations”).

Parliament was directed by Constitutional Court to cure the defects in the legislation within 24 months from the date of the order. The Bill seeks to amend the Independent Police Directorate Act, 2011 in order to give effect to the Constitutional Court order in the matter of Robert McBride v Minister of Police and Minister of Public Service and Administration, through giving Parliament an oversight role in relation to the suspension, discipline or removal of the Executive Director of IPID.

Comments can be emailed to Mr P Gwebu at [email protected] by no later than Friday, 29 June 2018 at 16h00.

Enquiries can be directed to Mr P Gwebu on tel (021) 403 8257 or cell 083 709 8395


Please note comments received after the closing date will not be considered.


Issued by Mr Francois Beukman, MP Chairperson: Portfolio Committee on Police