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Parliament Passes IPID Amendment Bill

November 27, 2019


27 November 2019

The Independent Police Investigative Directorate Amendment Bill has been passed by parliament and sent to president Ramaphosa for assent.

The proposed legislation was tabled in parliament in August 2018.

Comment on the committee bill was called for in June 2018.

Public hearings were held at the end of June 2018.

The national assembly passed the bill and sent it for concurrence in September 2018.

However, the bill lapsed at the end of the 5th parliament and was revived by the national council of provinces in October 2019.

The bill, drawn up by the portfolio committee on police, aims to provide parliamentary oversight over the suspension, discipline or removal of the head of the Independent Police Investigative Directorate (IPID).

The proposed legislation flows from the Constitutional Court finding that certain legislative provisions authorizing the police minister to suspend, take disciplinary steps or remove the IPID head were invalid.

The findings were made in the matter of McBride v Minister of Police and Another [2016] ZACC 30.

The Constitutional Court directed parliament to correct these defects in the legislation within 24 months from the date of the order, which was handed down on 6 September 2016.

The intention of the bill is to correct the defects identified by the Constitutional Court.

The select committee on security and justice passed the bill without amendments.