ATC180301: Report of the Portfolio Committee on Police on the submission of a legislative proposal, dated 1 March 2018

Police

Report of the Portfolio Committee on Police on the submission of a legislative proposal, dated 1 March 2018.
 

The Portfolio Committee on Police (“Committee”) is hereby requesting the permission of the House in terms of Rule 273(1) for the introduction of the following Bill in the House, namely the Independent Police Investigative Directorate Amendment Bill, 2018.

 

(1) Particulars of the Bill

 

The Bill aims to amend the Independent Police Investigative Directorate Act (No 1 of 2011) so as to provide for—

1. aligning the IPID Act with the Constitutional Court provisions as inserted in the Constitutional Court judgement [2016] ZACC 30;
2. provide for greater independence of the Executive Director in fulfilling his obligations and mandate; 
3. provide for legal certainty on the process for suspension and removal of the Executive Director; and
4. provide for the exclusion of the laws and codes governing the public service in relation to the removal of the Executive Director of IPID.

 

These new provisions will have the effect of providing greater clarity for the process of independence and accountability of the Executive Director of the IPID and the associated parliamentary oversight processes that should be followed in the event where there is misconduct. The Amendment Bill aims to provide for legal certainty with respect to the accountability of the Executive Director. The Bill further provides for parliamentary oversight in relation to the suspension, discipline or removal of the Executive Director.

 

(2) Background and Objects of the Bill

 

The IPID Amendment Bill provides for amongst others:

• amend section 6 of the IPID Act (1 of 2011) by the repeal of subsection 6 which deals with the removal of the Executive Director;   
• insertion of section 6A into the Act which sets out the process for removal of the Executive Director;  
• the process is subject to parliamentary oversight and clause 2 states that the laws and codes of the governing the public service do not apply to the removal of the Executive Director; and
• Clause 3 is the short title of the Amendment Bill.

 

 (3) Financial Implications for the State

 

The financial costs of the implementation of the Amendment Bill will be weighed against the costs of non-implementation of the Constitutional Court findings by Parliament. Any costs associated with the impelmentation of the Bill will be determined and confirmed.

 

(4) Views of the Executive on the objects of the proposed legislation

 

The Committee has approached the Executive with respect to the intended legislation in view of the fact that the Executive is not confident that it will be able to proceed with tabling any Bill prior to the Constitutional Court deadline date of 5 September 2018.  The Executive has concurred with the process and supports the proposed Committee Bill. The Department of the Civilian Secretariat for Police is in support of the Bill.

 

Report to be considered.