ICD RESPONSE TO PROVINCIAL INPUTS (NCOP)	
ISSUE RAISED and RELEVANT CLAUSE
	EASTERN CAPE	FREE STATE	GAUTENG	KWAZULU-NATAL	MPUMALANGA	NORTHERN CAPE	LIMPOPO	NORTH WEST	WESTERN CAPE	 DEPARTMENTAL REMARK	
Clause 6(2) only refers to parliamentary committee.	YES	NO	NO	NO	YES	NO	NO	NO	NO	ICD agrees that it should be the Portfolio committee on Police of the National Assembly.
	
Clause 6(2) and (3): What happens when a nomination is rejected?  This may create an oversight problem as Parliament will be reviewing its decision.	NO	YES	NO	NO	NO	NO	NO	NO	NO	Clause 6(1) provides that the Minister will determine the procedure for the appointment. ICD is of the opinion that this procedure will include instances where there is a rejection of a nominee.	
Clause 7(1)(b) is inconsistent with section 40(1)(c) of the PFMA, with regard to submission of annual financial statements.	YES	NO	NO	NO	YES	NO	NO	NO	NO	ICD agrees with the proposal that the time period should be two months instead of four months.
	
Clause 20(1): The MEC should be consulted in the appointment of the Provincial Head.

	YES	NO	NO	YES	YES	NO	NO	NO	YES	ICD does not agree. The Provincial Head is appointed in terms of PSA.  The Department is accountable to the Minister of Police who is the Executive Authority.	
ISSUE RAISED and RELEVANT CLAUSE
	EASTERN CAPE	FREE STATE	GAUTENG	KWAZULU-NATAL	MPUMALANGA	NORTHERN CAPE	LIMPOPO	NORTH WEST	WESTERN CAPE	 DEPARTMENTAL REMARK	
Clause 20(4): The MEC should be consulted when the E.D appoints a person to act	NO	NO	NO	NO	YES	NO	NO	NO	NO	ICD does not agree. The Provincial Head is appointed in terms of PSA. The Department is accountable to the Minister of Police who is the Executive Authority. 	
IPID will not be able to investigate cases in terms of clause 28 as it does not have the capacity and funding.	YES	NO	YES	YES	YES	NO	NO	NO	NO	The financial implications (staff requirements) of the Bill will be determined in consultation with the DPSA and National Treasury. This will include a reorganisation plan of the structure, job evaluation of new positions by DPSA and approval of the new structure by the Minister of Police and the Minister of Public Service and Administration. 
	
Definition: “MEC”, “systemic corruption” and the “Constitution” .	NO	YES	NO	NO	NO	NO	NO	NO	NO	ICD agrees with the proposed amendment that the definition of MEC should state “responsible for policing” instead of “safety and security”.  The Constitution must be cited in full in the preamble and be defined in the Bill. The State Law advisors should advise on the definition of “systemic corruption”.

ISSUE RAISED and RELEVANT CLAUSE	EASTERN CAPE	FREE STATE	GAUTENG	KWAZULU-NATAL	MPUMALANGA	NORTHERN CAPE	LIMPOPO	NORTH WEST	WESTERN CAPE	 DEPARTMENTAL REMARK	
Clauses 16(1), 16(2), 17(a), and 17(b). The consultative forum should be replicated in the Provinces and should include CPF board chairpersons	NO	YES	NO	YES	YES	NO	NO	NO	NO	ICD does not agree.  The objective of the forum as stated in clauses 17(a) and (b) is clear. The aim is to facilitate co- operation between the National Secretary and the E.D. Other stakeholders can also be invited to the forum.	
Clause 21 should include referrals of disciplinary matters by the Provincial Head to the Provincial Commissioner.	No	YES	NO	NO	NO	NO	NO	NO	NO	ICD agrees that this section should also include a clause on referrals of disciplinary matters by the Provincial Head to the Provincial Commissioner.	
Clause 29(1): Replace Station Commissioner with Station Commander.	NO	YES	NO	NO	NO	NO	NO	NO	NO	ICD agrees that the term ‘Station Commissioner’ must be replaced with ‘Station Commander’.	
Clause 29(1)(a): To amend and refer to clause 28(1)(a) - (f).	NO	YES	NO	NO	NO	NO	NO	NO	NO	ICD agrees that it should refer to clause 28(1) (a) to (f).	
ISSUE RAISED and RELEVANT CLAUSE	EASTERN CAPE	FREE STATE	GAUTENG	KWAZULU-NATAL	MPUMALANGA	NORTHERN CAPE	LIMPOPO	NORTH WEST	WESTERN CAPE	 DEPARTMENTAL REMARK	
Clause 33(3): This clause should apply to clause 30 regarding non compliance by the National Commissioner and Provincial Commissioner  with IPID recommendations	NO	YES	NO	NO	NO	NO	NO	NO	NO	ICD does not agree that clause 30 should be included in the penalty provision (clause 33(3)), as clause 30(a) – (c) covers the compliance issues sufficiently. These matters fall within the jurisdiction of the Executive Authority.
	
Clause 23:  IPID investigators should be paid more that SAPS detectives due to the nature of their work.	NO	NO	YES	NO	NO	NO	NO	NO	NO	ICD agrees that the salaries of IPID investigators should not be less favourable than those of the SAPS.
	
Clause 33(1): What informs the specific penalty of a fine or two years imprisonment? 	NO	NO	YES	NO	NO	NO	NO	NO	NO	The penalty is based on similar legislation.
	
ISSUE RAISED and RELEVANT CLAUSE	EASTERN CAPE	FREE STATE	GAUTENG	KWAZULU-NATAL	MPUMALANGA	NORTHERN CAPE	LIMPOPO	NORTH WEST	WESTERN CAPE	 DEPARTMENTAL REMARK	
The Provincial Legislature should have oversight over IPID work.	YES	YES	YES	YES	NO	NO	YES	NO	NO	Reporting to the Provincial Legislature is not provided for in the Constitution. The IPID is established in terms of national legislation and therefore accountable to the Minister of Police as the Executive Authority. As a national department accountability is to Parliament.	
The bill should include oversight over the traffic officials, correctional services and other law enforcement agencies.	NO	NO	YES	NO	NO	NO	NO	YES	NO	Section 206(6) of the Constitution only refers to investigation of offences or misconduct committed by SAPS 	
Clause 7(3)(a):  Appointment of staff by the E.D subject to section 21	NO	NO	NO	YES	NO	NO	NO	NO	NO	ICD agrees that there will be consultation between the E.D and the Provincial Heads with respect to the appointment of staff at the Provincial offices, and this will be done in terms of the PSA.	
Clause 22 (2): This section should be deleted as it is provided for in the SAPS Act.	NO	NO	NO	YES	NO	NO	NO	NO	NO	ICD does not agree. The SAPS Act is not relevant for the purposes of this Bill.

	
ISSUE RAISED and RELEVANT CLAUSE	EASTERN CAPE	FREE STATE	GAUTENG	KWAZULU-NATAL	MPUMALANGA	NORTHERN CAPE	LIMPOPO	NORTH WEST	WESTERN CAPE	 DEPARTMENTAL REMARK	
Clause 3(1): Name change to include the name “Complaints” to IPID.	NO	NO	NO	NO	YES	NO	NO	NO	NO	ICD does not agree.  IPID will be investigation driven, rather than complaints orientated.
	
Bill must stipulate time frames for investigations and report back to complainants	NO	NO	NO	NO	NO	YES	NO	NO	NO	ICD does not agree. This is an operational issue that will be dealt with in the regulations and IPID Standard Operating Procedures.
	
Establishment of district offices for accessibility	YES	YES	YES	YES	YES	YES	YES	YES	NO	The satellite offices are provided for in the IPID implementation plan. This will also be dependant on the MTEF allocation.
	
Clause 4(1) and (2): The bill does not give sufficient independence to IPID.	NO	NO	NO	NO	NO	NO	NO	NO	YES	ICD does not agree.  ICD is of the view that clause 4 sufficiently provides for the independence of IPID. If it was the intention of the drafters of the Constitution that IPID should be a Chapter 9 institution, it would have been created in terms of that Chapter. 

ISSUE RAISED and RELEVANT CLAUSE	EASTERN CAPE	FREE STATE	GAUTENG	KWAZULU-NATAL	MPUMALANGA	NORTHERN CAPE	LIMPOPO	NORTH WEST	WESTERN CAPE	 DEPARTMENTAL REMARK	
Clauses 6(5) and 20(5): The time frame for filling of the vacancy of the ED should be 6 months and that of Provincial Heads should be 3 months.

	NO	NO	NO	NO	NO	NO	YES	NO	NO	ICD does not agree. Sufficient time should be provided for the advertising of the vacant posts, the short-listing and interviewing processes as well as the notice period of the selected candidate(s)	
Clause 8(8): Add to the clause that  Labour Law procedures should be followed.	NO	NO	NO	NO	YES	NO	NO	NO	NO	ICD does not agree.  This issue is covered in the PSA.