Dear Corruption Watch: All about Ipid and Robert McBride

19 April 2015 - 02:00 By Corruption Watch

Dear Corruption Watch, what exactly is Ipid? It has been much in the news, and now it's "studying" the McBride court record. What is it meant to do for South Africa and does it have any specific role in combating corruption in the criminal justice system? - Anti-acronymDear Anti-acronymIpid is the Independent Police Investigative Directorate, which is a bit of a mouthful, so we'll use the acronym.Ipid's job is to exercise independent oversight of the national and municipal police services, and investigateallegations of misconduct against them.As you say, the directorate has been in the news lately. This is largely a result of the urgent court application brought by Ipid head Robert McBride to prevent his suspension by Police Minister Nathi Nhleko.Although McBride's application was dismissed on the grounds that it was not urgent, it raised some familiar questions about the independence of institutions such as Ipid. You may recall that last year the Constitutional Court ruled that certain legislative provisions that allowed the minister "untrammelled" power to remove the head of the Hawks, without proper parliamentary process, were unconstitutional.Ipid is not a Chapter 9 institution. These, like the public protector, are given a fairly robust guarantee of independence by the constitution. But Ipid does receive some recognition of its independence, albeit in less emphatic terms: section 206(6) of the constitution provides for "an independent police complaints body to be established by national legislation".That legislation is the Independent Police Investigative Directorate Act of 2011. It directs Ipid to investigate deaths in police custody or as a result of police actions; any complaint relating to the discharge of a firearm by an officer; rape by a police officer or rape in police custody; any torture or assault complaints against police; and corruption matters within the police. The directorate therefore has a clear role to play in combating corruption in the criminal justice system, and members of the public should report corruption in the police or other abuses.Section 6(6) of the act allows the minister to remove the executive director from office for misconduct, ill health or an inability to perform his duties effectively. This is presumably the section being relied on by Nhleko in suspending McBride. Given Ipid's role as a police watchdog, it may seem a conflict of interest and a constraint on the directorate's independence for the police minister to wield such powers over the head of Ipid.In the Hawks case, the Constitutional Court emphasised the need for job security to allow corruption-busting entities to carry out their duties fearlessly, so it will be interesting to see if the courts afford Ipid the same degree of independence.It is too soon to say what effect these legal skirmishes will have on the directorate's functioning, but it remains a useful tool against corruption.Its website, www.icd.gov.za, contains clear instructions on how to lay a complaint. Any person - victim, witness or representative - or NGO or community-based organisation can lay a complaint.You are also encouraged to contact Corruption Watch on (011)242-3900, or info@corruptionwatch.org.za, with any complaints of corruption..

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