Parliament is moving to change the Independent Police Investigative Directorate (Ipid) Act to curb the powers of the police minister to suspend or remove the head of the police watchdog.
In 2016, the Constitutional Court ruled that the police minister had no authority to dismiss the Ipid head without Parliament instituting the necessary processes.
This was after former police minister Nathi Nhleko moved to suspend Ipid executive director Robert McBride.
McBride returned to the helm of Ipid in 2016, after a bitter turf war with Nhleko and former acting national police commissioner Khomotso Phahlane.
The Constitutional Court said in its ruling that Ipid was an independent body established in terms of the Constitution. It noted that section 4(1) of the Ipid act required it to function independently of the South African Police Service (SAPS).
"Given the nature, scope and importance of the role played by police in preventing, combating and investigating crime, Ipid’s oversight role is of cardinal importance," the Constitutional Court said in its ruling.
Francois Beukman, chairman of Parliament’s police committee, said this week that the legislative framework of Ipid must be strengthened to ensure the institution can fulfil effective oversight over the SAPS and municipal police services.
This was after the tabling of the committee report to facilitate the process to amend the Ipid act.
The Constitutional Court had ordered that the act be amended by September 5 2018.
Beukman said the committee’s decision to proceed with a bill was due to the police department’s slow progress in finalising the executive process.
The police ministry was yet to respond to a request for comment on Wednesday.
Earlier this week, the state dropped child abuse charges against McBride.
New Police Minister Bheki Cele’s spokesperson, Nonkululeko Phokane, said the Department was currently not prepared to respond to questions concerning Ipid.
“We are three weeks in office … the issues raised around Ipid have been there for a long time … our focus right now is the fight against crime … such issues [Ipid] will be dealt with in due course,” said Phokane.
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