THE INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID)

The Independent Police Investigative Directorate Act, No 1 of 2011 provides for the establishment of an Independent Police Investigative Directorate (IPID) which is an independent police complaints body that must investigate any alleged complaint of misconduct or offence committed by a member of the police service including South African Police Services (SAPS) and Municipal Police Services (MPS). The IPID must be established at national and provincial levels. The IPID was established in terms of Section 206 (6) of the Constitution.

Apart from setting up the IPID, the objectives of the Act are as follows:

• To provide an independent oversight of the South African Police Service (SAPS) and Municipal Police Services (MPS),
• To provide an independent and unbiased investigation of criminal offences allegedly committed by SAPS and MPS,
• To make recommendations concerning any findings under an investigation and how people should be disciplined
• To make SAPS and MPS more accountable and transparent as required by the Constitution.

STRUCTURE OF THE IPID OFFICES

The IPID will be established at national and provincial levels. The executive director is the head of the IPID and this person is nominated by the Minister of Police. The relevant parliamentary committee must confirm or reject the appointment. The executive director is appointed for 5 years and the appointment can be renewed for only one additional term. The executive director appoints heads of each province.

FUNCTIONS OF THE EXECUTIVE DIRECTOR

The executive director must:

• Give guidelines for the investigation and management of cases by officials in provincial offices
• Refer criminal offences that are found after investigation, to the national prosecuting authority for criminal prosecution and must inform the minister of police about this
• Ensure that complaints regarding disciplinary matters are referred to the national police commissioner and the provincial commissioner (if this is relevant
• Submit a monthly summary of the disciplinary matters to the minister of police
• Refer any recommendations that do not relate to criminal or disciplinary matters, to the minister of police
• Ask for complaints relating to any offence committed by a member of the SAPS or MPS to be investigated, and if necessary refer this to the national or provincial commissioner
• Refer any criminal matters which fall outside the scope of the IPID, to the appropriate authority for investigation in terms of the law
• Report on the activities of the IPID to the minister or parliament when asked to do so

FUNCTIONS OF THE NATIONAL IPID OFFICE

The national office oversees and monitors the performance of provincial offices. It also gathers and stores information relating to investigations, develops public awareness of the IPID, and makes recommendations to the SAPS and MPS resulting from investigations done by the IPID, and reports twice a year to parliament on the number and type of cases investigated, the recommendations and the outcome of these recommendations.

THE MANAGEMENT COMMITTEE OF IPID

The management committee consists of the executive director and the provincial head for each province. The functions of the management committee are to:

• Ensure there is coordination in each province and alignment with national objectives
• Identify any matters of strategic importance to the functioning of the ipid
• Ensure there is regular reporting on matters linked to the provincial directorates

PROVINCIAL OFFICES

Each provincial office is headed by a provincial head who has the following functions:

• To facilitate investigations of cases
• To control and monitor cases
• To refer matters investigated by the provincial office to the national or relevant provincial prosecuting authority for criminal prosecution
• To report to the executive director on recommendations and finalisation of cases
• To report to the MEC on matters referred to the provincial head by the MEC
• To ensure that proper guidelines are followed for investigations

POWERS OF INVESTIGATORS

An investigator has the same powers as a police officer in terms of the Criminal Procedure Act, 1977 in respect of:

• Investigation of offences
• Entry and search of premises
• Seizure and disposal of articles
• Arrest
• Execution of warrants
• Attendance of an accused person in court

An investigator can:

• Ask any person to submit an affidavit if it has to do with an investigation, or to appear before them, or to give evidence or to produce any document in that person’s possession or under their control;
• Ask for an explanation from someone if they believe this has something to do with a matter being investigated

The person who has been investigated can refuse to answer any questions if this will incriminate him or her. The investigator must inform anyone that they question of this right. If an investigator does get information in this way, it cannot be used as evidence against that person in court.

Types of matters that can be investigated

The IPID must investigate the following types of cases:

• Deaths in police custody
• Deaths as a result of police actions
• Any complaint relating to a police officer using an official firearm
• Rape by a police officer (whether the officer is on or off duty)
• Rape of any person while that person is in police custody
• Any complaint of torture or assault while the police officer is on duty
• Corruption matters in the police, whether this is raised by the executive director, or a complaint is made by a member of the public or referred to the Directorate by the Minister, an MEC or the Secretary of Police

The IPID can investigate matters relating to corruption involving the police.
IPID will not investigate service delivery complaints against SAPS or MPS members such as failure to investigate, failure to assist, failure to give feedback, rudeness and police misconduct. These matters are dealt with by the police inspectorate in the offices of SAPS Provincial Commissioners.

REPORTING A COMPLAINT TO IPID

You can lodge a complaint with IPID if you are a victim, witness or representative if it is a case involving:

• Death in police custody
• Death as a result of police actions
• A police officer using an official firearm
• Rape by a police officer (whether the officer is on or off duty)
• Rape of any person while that person is in police custody
• Torture or assault by a police officer while on duty
• Corruption in the police

A complaint may be lodged in person, by telephone, by letter or by email to any IPID office. The complainant must fill in a Complaint Reporting Form (Form 2) which you can get from any IPID office. You can also download the ‘Complaint Reporting Form’ by following this link [https://www.ipid.gov.za/sites/default/files/IPID_Complaints_Form-Form2.pdf].

The police – either the Station Commander or any member of the SAPS or Municipal Police Services – have a duty to report to the IPID any matters that must be investigated by the IPID immediately after they become aware of it. Within 24 hours of becoming aware of the matter, they must submit a written report to the IPID on the correct form.

The SAPS or MPS must cooperate with the IPID in the following ways:

• By arranging an identification parade within 48 hours of the request made by the Directorate
• By making members available to provide affidavits or to give evidence or produce any relevant document that they have in their possession

DUTY OF POLICE TO ACT ON DISCIPLINARY RECOMMENDATIONS

If IPID’s disciplinary recommendations have been referred to the national commissioner or provincial commissioner, then the relevant commissioner must start disciplinary proceedings within 30 days of receiving the recommendations. The police minister must be informed and the Executive Director of the IPID must be sent a copy.

The commissioners must submit a written report every quarter to the police minister on the progress regarding disciplinary matters.
As soon as a disciplinary matter is finalised, the commissioner must inform the Minister of Police in writing of the outcome, and send a copy to the executive director.