Please find attached a soundbite by Ian Cameron MP.
The DA notes President Ramaphosa’s assent to the Independent Police Investigative Directorate (IPID) Amendment Bill. The Bill, introduced by former Minister of Police, Bheki Cele, was intended to bring the principal act in line with the Constitution by entrenching the independence of the IPID Executive Director (as required by our apex court following its judgment in McBride v Minister of Police).
The Bill has been opposed by the Democratic Alliance since its inception. Aside from the objections raised by the DA on procedural and other constitutional grounds, the core complaint is that Bill does not make adequate provision for Parliamentary oversight and independence in the appointment of the Executive Director, contrary to the Constitutional Court’s directive.
As the functionary leading our central police oversight body, our laws must guarantee the highest degree of independence for the Executive Director so that he or she may exercise their functions without fear, favour, or prejudice. To guarantee this independence, the mechanisms formulated for the appointment of the Executive Director must ensure robust parliamentary oversight and a watertight selection process. In the DA’s view, this Bill fails in that task.
The amendments brought about by the President simply retain the status quo. It allows the Minister to constitute his own internal panel to interview and shortlist candidates but does not make express provision to guarantee that the panel members are both experienced in law enforcement and politically unaligned. The candidate eventually nominated by the Minister, following the panel’s assistance, is then presented to the Portfolio Committee on Police for consideration for the first time.
The DA previously proposed the establishment of an independent panel of experts, chaired by a retired judge, to interview and shortlist candidates for the Executive Directorship who would then recommend a candidate to the Minister for appointment. This mechanism would have ensured that the panel tasked with recruiting the national police watchdog’s top job was both independent and well-versed in law enforcement.
The DA will continue to advocate for strengthening the independence of the Executive Director and IPID as a whole. We will ensure that our work in parliament is focused on addressing key issues in law enforcement and furthering the independence of critical statutory bodies. Most importantly, the DA will work with the new Minister of Police, Senzo Mchunu, to address the damaging legacy of his predecessor and build a functioning, well-resourced, and healthy SAPS.