On 3 June 2020, the Independent Police Investigative Directorate Amendment Act 27 of 2019 (IPID Amendment Act) was published after being assented to by the President on 26 May 2020. The IPID Amendment Act provides for parliamentary oversight in relation to the suspension, discipline or removal of the Executive Director of the Independent Police Investigative Directorate (IPID).
Section 6A has been introduced into the IPID Amendment Act which allows for the removal of the Executive Director of IPID on the ground of misconduct, incapacity or incompetence. A Committee of the National Assembly must make a finding to that effect, and there must an adoption by the National Assembly, with a supporting vote of at least two-thirds of its members, of a resolution calling for that person’s removal from office.
The IPID Amendment Act empowers the Minister of Police to suspend the Executive Director from office at any time after the start of the proceedings of a Committee of the National Assembly for the removal of that person. The Minister must remove the Executive Director from office following the resolution calling for removal by the National Assembly.
The Amendment Act will come into operation on a date to be determined by the President.
The Independent Police Investigative Directorate Amendment can be downloaded here.
Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].