New proposed legislation will turn police watchdog into police lapdog

The civil rights organisation AfriForum submitted commentary on the proposed Independent Police Investigative Directorate (IPID) Amendment Bill to the parliamentary Portfolio Committee on Police today. In its submission the organisation highlighted various concerns about the proposed changes, amongst which is the appointment process of the head of IPID. According to AfriForum, this proposed appointment process will transform the police watchdog IPID into nothing more than a police lapdog.

Among other things, the amendments make the worrying proposal that the Minister of Police should appoint the head of IPID with the approval of the cabinet. By vesting such a crucial decision solely within the executive, there is potential for the selection process to become embroiled in internal power dynamics, nepotism and cadre deployment. The absence of checks and balances in this proposal heightens this risk even further.

The integrity and independence of IPID’s mandate demand a selection process insulated from all undue influence. Historical precedents have shown that personal biases, affiliations and agendas do influence decisions. Such a scenario could compromise the very foundation of IPID. To ensure the long-term credibility and functionality of IPID, the appointment process must be shielded from any potential vulnerabilities and prioritise the broader interests of South African society over transient political considerations.

“The role of the Independent Police Investigative Directorate is to investigate incidents where SAPS members abuse their powers or participate in criminality. That is why it is ludicrous to propose that the Minister of Police should have so much influence in the appointment of the head of IPID. Public trust in the SAPS is already very low and these proposed amendments are strengthening the perception that the SAPS is trying to find a way to sidestep being held accountable for its actions,” says Jacques Broodryk, AfriForum’s spokesperson for Community Safety.

According to Johan Nortjé, researcher at AfriForum, recent research by AfriForum confirmed the urgent need for the decentralisation of the SAPS. “Furthermore, the 2021/2022 IPID annual report confirms that the watchdog investigated more than 5 200 cases of SAPS members being involved in various criminal activities, including assault which accounted for nearly 65% of all these cases. From this it is clear that any proposed legislation that seeks to centralise the authority of the SAPS even further, would certainly infringe on the ability of IPID to investigate these cases,” Nortjé states.