STATUS OF IMPLEMENTATION OF Strategic Plan 201217 and

STATUS OF IMPLEMENTATION OF Strategic Plan 2012/17 and Annual Performance Plan 2012/13 IPID ACT AND SUGGESTED AMENDMENTS Detailed Review per Section INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID) 12 NOVEMBER 2014 BRIEFING TO THE PORTFOLIO COMMITTEE ON POLICE Parliament

PORTFOLIO COMMITTEE BRIEFING Presented By Mr Robert Mc. Bride Executive Director 2

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS CHAPTER AND SECTION CHAPTER 1 STATUS OF COMMENTS IMPLEMENTATION DEFINITIONS, OBJECTS OF ACT, ESTABLISHMENT, INDEPENDENCE AND IMPARTIALITY Section 1 Definitions Proposed changes “SSA” means ”State Security Agency” “Torture” as in section 3 of Prevention of Combating and Torture of Persons Act 13 of 2013 Section 2 “Security Clearance certificate” means an official document issued by the Executive Director to a person that has successfully undergone security clearance by the SSA Objects of Act Implemented Section 3 Establishment Fully Implemented Section 4 Independence and impartiality Implemented Still reliant on SAPS resources (laboratories), independent investigator qualification, Integrity of crime scenes (Expansion Strategy) 3

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS CHAPTER AND SECTION STATUS OF IMPLEMENTATION CHAPTER 2 NATIONAL OFFICE Section 5 National office Fully Implemented Section 6 Appointment of Executive Director Fully Implemented Section 7 Responsibilities of Executive Director Implemented COMMENTS Further ED guidelines to be implemented Section 7(3)(c ) delete the words “such staff” and insert the words “investigators”. Delete the words “the Public Service Act” insert the word “the IPID Act”. 4

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS CHAPTER AND SECTION Section 8 STATUS OF IMPLEMENTATION “Composition of national office “ Implemented should read “Composition of National Office, Security Screening and Security Clearance” COMMENTS Section 8(3) not yet implemented, discussion with SSA and the section needs to be amended to insert “State Security Agency” in place of “Minister” Section 8(4) National Intelligence Agency to be replaced by “SSA” “section 3” should read “section 2 A” The “Intelligence Service Act” refers to the wrong Act, should read “National Strategic Intelligence Act” Section 8(5) should read as “… undergone a security clearance by the SSA…” Section 9 Section 8(7) replace “ National Intelligence Agency” with the “SSA” Functions of national office Section 9 (d) not implemented To further capacitate, Strategy Unit, Internal Auditing and Administrative Support Section 10 Delegations Implemented Amendments being considered 5

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS CHAPTER AND SECTION STATUS OF IMPLEMENTATION COMMENTS CHAPTER 3 Section 11 Establishment of Management Committee Section 12 Composition of Committee Section 13 MANAGEMENT COMMITTEE Fully Implemented Functions of Committee Fully Implemented Section 14 Meetings of Committee Fully Implemented 6

STATUS OF THE IMPLEMENTATION OF THE IPID ACT CHAPTER AND SECTION STATUS OF IMPLEMENTATION COMMENTS CHAPTER 4 CONSULTATIVE FORUM – In the process of being implemented Section 15 Establishment of Consultative Forum Concurrent Responsibility – Consultations commenced to take the process forward Section 16 Composition of forum Concurrent Responsibility – Consultations commenced to take the process forward Section 17 Functions of forum Concurrent Responsibility – Consultations commenced to take the process forward Section 18 Meetings of forum Concurrent Responsibility – Consultations commenced to take the process forward 7

STATUS OF THE IMPLEMENTATION OF THE IPID ACT CHAPTER AND SECTION STATUS OF IMPLEMENTATION CHAPTER 5 Section 19 Provincial offices Section 20 Appointment of provincial heads PROVINCIAL OFFICES Fully Implemented Section 21 Responsibilities of provincial head Fully Implemented COMMENTS Section 20(1)“. . . with the laws governing the Public Service…”- contradicts Section 23, should read appointed in terms of the “IPID Act” 8

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS CHAPTER AND SECTION CHAPTER 6 Section 22 Appointment of investigators STATUS OF IMPLEMENTATION COMMENTS APPOINTMENT, REMUNERATION, FUNCTIONS AND POWERS OF INVESTIGATORS Implemented Section 22(2)(a) delete “…at least grade 12 certificate or…” Section 22(3) delete “Minister” add “SSA” Section 22(4) replace “National Intelligence Agency” with “State Security Agency”. Replace “section 3” with “section 2 A”. Replace the referred Act with “National Strategic Intelligence Act 39 of 1994” Section 22(5) “security screening certificate” should read “security clearance certificate” delete the words from “security clearance” up to the end of the sentence. After the “security clearance” insert the words “as prescribed by the SSA” 9

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS CHAPTER AND SECTION CHAPTER 6 Section 23 Remuneration and conditions of service of investigators STATUS OF IMPLEMENTATION COMMENTS APPOINTMENT, REMUNERATION, FUNCTIONS AND POWERS OF INVESTIGATORS Not implemented pending other Contradiction with Public Service Act amendments and other provisions of the IPID Act Section 24 Functions and investigative powers Fully Implemented 10

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS CHAPTER AND SECTION CHAPTER 6 STATUS OF IMPLEMENTATION COMMENTS APPOINTMENT, REMUNERATION, FUNCTIONS AND POWERS OF INVESTIGATORS Section 25 Conflict of interest and disclosure Fully Implemented Directive to be issued by the ED to of interest reinforce the section Section 26 Integrity measures Still to be Implemented Discussions with SSA and recommended amendments to the Act where conflicting with their mandate Section 27 Limitation of liability Fully Implemented Section 28 Type of matters to be Fully Implemented Section 28(d) and (e) add “and any investigated contravention of the Sexual Offences Act” after “rape” Suggested Amendment - “Section 28(f)(i) any complaints of torture Section 28(f)(ii) any complaint of assault against a police officer “Delete in the “…in the execution of his or her duties” 11

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS CHAPTER AND SECTION STATUS OF IMPLEMENTATION COMMENTS CHAPTER 7 REPORTING OBLIGATIONS AND COOPERATION BY MEMBERS OF THE SAPS AND MPS AND DISCIPLINARY RECOMMENDATIONS Section 29 Reporting obligations and cooperation by members Section 30 Disciplinary recommendations Fully Implemented Concurrent Function Section 30(c ) a regulation is required prescribing the format of the feedback of the disciplinary processes in line with section 34(n) CHAPTER 8 FINANCES AND ACCOUNTABILITY AND ANNUAL REPORT Section 31 Finances and accountability Fully Implemented Section 32 Annual report Fully Implemented 12

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS CHAPTER AND SECTION STATUS OF IMPLEMENTATION CHAPTER 9 Section 33 Offences and penalties OFFENCES AND PENALTIES Fully Implemented COMMENTS Section 33(4) and (5) to increase the penalty to 5 years Insert section 33(6) to read “any person who fails to comply with section 24 (3) and (4) is guilty on an offence…” CHAPTER 10 Section 34 Regulations Section 35 Transitional arrangements REGULATIONS, TRANSITIONAL ARRANGEMENTS, REPEAL AND SHORT TITLE AND COMMENCEMENT Partially Implemented Additions to regulations regarding formal process of appointing investigators Additional regulation dealing with section 34(1)(n) Fully Implemented 13

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS CHAPTER AND SECTION STATUS OF IMPLEMENTATION COMMENTS CHAPTER 10 Section 36 REGULATIONS, TRANSITIONAL ARRANGEMENTS, REPEAL AND SHORT TITLE AND COMMENCEMENT Amendment and repeal of laws Fully Implemented Section 37 Short title and commencement Fully Implemented 14