Parliament, Thursday, 16 November 2023 – The Portfolio Committee on Police is confident that it has made enormous improvements to the Independent Police Investigative Directorate Amendment Bill [B21-2023] by strengthening especially clause 4 of the Bill which proposes the appointment process of the Executive Director of the IPID. The committee concluded the clause-by-clause consideration of the Bill yesterday and will next consider the A list of the Bill.
“The values of public participation as highlighted by the Constitutional Court Judgement in the Constitutional Court judgement in Mogale and Others v Speaker of the National Assembly, the Chairperson of the National Council of Provinces & Others has been evident in the deliberations of the committee. The substantive public comments received have greatly enriched the process and has led to an enhanced Bill that directly responds to the spirit of the McBride v Minister of Police and other case,” said Mr Nocks Seabi, the Chairperson of the committee.
For example, in response to concerns raised in public comments regarding the lack of Parliamentary oversight over the processes for appointment of the Executive Director, section 6 of the principal Act has been amended. The result is that subsections (1) and (2) which provides for confirmation of appointment of the Executive Director by a relevant parliamentary committee have been retained. The remainder of the subsections of section 6 of the principal Act have been strengthened.
The committee is also of the view that the strengthened Bill ensures adequate checks and balances by Parliament and ensures stronger oversight on the appointment of the IPID Executive Director.
Regarding the appointment panel to identify a suitably qualified candidates for appointment as Executive Director, the committee held the view that entrusting this responsibility to a parliamentary committee goes against the protocols provided for in the government regulatory framework on the appointment of the heads of national departments. The role for such an appointment is within the purview of an Executive Authority which differs from the appointments of persons of Chapter 9 Institutions.
To enhance oversight, the committee resolved that subsection (2) of clause for which provides for the relevant Parliamentary Committee, within a period of 30 parliamentary working days of submission in terms of subsection (1), must confirm or reject such nomination, is adequate and provides the necessary checks and balances envisioned by in the McBride v Minister of Police case.
The committee also strengthened the period to fill a vacancy of the Executive Director by accepting the provision that if the position is not filled within six months, the Minister must request the relevant parliamentary committee and the Minister for the Public Service and Administration for an extension of the period which must not exceed a further six months and provide reasons for the delay. The committee also agreed to the proposal for the period of appointment to be revised to that of seven years, non-renewable to provide for certainty and not to open it to numerous interpretations.
“These examples are a clear sign of the commitment to strengthening the structural and operational independence of this important institution in the policing environment,” Mr Seabi said.
Meanwhile, the committee noted and emphasised the concern with the backlog in grade progression for members of the South African Police Service (SAPS) as agreed in 2011. While the committee acknowledged the fiscal challenges facing the country, it was of the view that strategies must be implemented to ensure that members are not negatively affected, leading to high staff turnovers due to improved remuneration from private security companies.
The committee accepted that the current promotion and grade progression policy is under review and that the National Commissioner has instructed his management team to conduct a benchmark study with other countries with comparable police agencies. The committee has called for the speedy implementation of this benchmarking exercise.
The committee remains of the view that conditions of services of members of SAPS must be improved and that strategies must be implemented to ensure such improvement.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON POLICE, MR NOCKS SEABI.
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