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

PORTFOLIO COMMITTEE BRIEFING 2 Presented By Mr Robert McBride Executive Director

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

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS 4 CHAPTER AND SECTIONSTATUS OF IMPLEMENTATIONCOMMENTS CHAPTER 2NATIONAL OFFICE Section 5 National officeFully Implemented Section 6 Appointment of Executive DirectorFully Implemented Section 7 Responsibilities of Executive DirectorImplementedFurther 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”.

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS 5 CHAPTER AND SECTION STATUS OF IMPLEMENTATION COMMENTS Section 8 “Composition of national office “ should read “Composition of National Office, Security Screening and Security Clearance” Implemented 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 2A” 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 8(7) replace “ National Intelligence Agency” with the “SSA” Section 9 Functions of national office Section 9 (d) not implemented To further capacitate, Strategy Unit, Internal Auditing and Administrative Support Section 10 DelegationsImplemented Amendments being considered

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

STATUS OF THE IMPLEMENTATION OF THE IPID ACT 7 CHAPTER AND SECTIONSTATUS OF IMPLEMENTATIONCOMMENTS CHAPTER 4CONSULTATIVE 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 forumConcurrent Responsibility – Consultations commenced to take the process forward

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

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS 9 CHAPTER AND SECTIONSTATUS OF IMPLEMENTATIONCOMMENTS CHAPTER 6 APPOINTMENT, REMUNERATION, FUNCTIONS AND POWERS OF INVESTIGATORS Section 22 Appointment of investigatorsImplementedSection 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 2A”. 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”

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

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS 11 CHAPTER AND SECTIONSTATUS OF IMPLEMENTATIONCOMMENTS CHAPTER 6 APPOINTMENT, REMUNERATION, FUNCTIONS AND POWERS OF INVESTIGATORS Section 25 Conflict of interest and disclosure of interest Fully Implemented Directive to be issued by the ED to reinforce the section Section 26 Integrity measuresStill to be Implemented Discussions with SSA and recommended amendments to the Act where conflicting with their mandate Section 27 Limitation of liabilityFully Implemented Section 28 Type of matters to be investigated Fully ImplementedSection 28(d) and (e) add “and any 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”

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS 12 CHAPTER AND SECTIONSTATUS OF IMPLEMENTATIONCOMMENTS CHAPTER 7 REPORTING OBLIGATIONS AND COOPERATION BY MEMBERS OF THE SAPS AND MPS AND DISCIPLINARY RECOMMENDATIONS Section 29 Reporting obligations and cooperation by members Fully ImplementedConcurrent Function Section 30 Disciplinary recommendationsFully 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 8FINANCES AND ACCOUNTABILITY AND ANNUAL REPORT Section 31 Finances and accountabilityFully Implemented Section 32 Annual reportFully Implemented

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS 13 CHAPTER AND SECTIONSTATUS OF IMPLEMENTATIONCOMMENTS CHAPTER 9OFFENCES AND PENALTIES Section 33 Offences and penaltiesFully Implemented 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 REGULATIONS, TRANSITIONAL ARRANGEMENTS, REPEAL AND SHORT TITLE AND COMMENCEMENT Section 34 RegulationsPartially Implemented Additions to regulations regarding formal process of appointing investigators Additional regulation dealing with section 34(1)(n) Section 35 Transitional arrangementsFully Implemented

STATUS OF THE IMPLEMENTATION OF THE IPID ACT AND SUGGESTED AMENDMENTS 14 CHAPTER AND SECTIONSTATUS OF IMPLEMENTATIONCOMMENTS CHAPTER 10 REGULATIONS, TRANSITIONAL ARRANGEMENTS, REPEAL AND SHORT TITLE AND COMMENCEMENT Section 36 Amendment and repeal of lawsFully Implemented Section 37 Short title and commencementFully Implemented