President Cyril Ramaphosa has signed the Independent Police Investigative Directorate (IPID) Amendment Bill into law. This new bill intends to affirm the “institutional and operational independence” of the IPID, empowering them to “investigate serious alleged offences committed by police officers, whether they were off duty or not”.
As law, the bill entrenches the “institutional and operational independence of IPID and makes it clear that the directorate must be independent, impartial and must exercise its powers and functions without fear, favour or prejudice.”
The law further amends provisions regarding certain appointments, along with what the IPID can investigate. The Executive Director responsibilities have been broadened, regarding referral of disciplinary matters, and make provisions for pre-employment security screenings.
IPID is now further empowered to investigate any rape offences and any deaths by police action, in instances where the SAPS or Municipal officers were on or off duty.
The President noted “the newly enacted Independent Police Investigative Directorate Amendment Act is an outcome of a comprehensive review of the principal IPID Act of 2011 initiated by the Civilian Secretariat for Police Service,” adding further that “the Civilian Secretariat provides the Minister of Police with policy advice and research support; develops departmental policy; provides civilian oversight of the South African Police Service and mobilises stakeholders outside the department around crime prevention and policing matters.”
Many hope these new amendments will allow for IPID to be more effective in investigating police abuses. Kwa-Zulu Natal has for the previous decade had one of the highest rates of deaths by police action. In the 2020/21 period, KZN saw 104 deaths as a result of police action, the highest for the year, 29.46% of the year’s total of 353. The 2021/22 period saw an increase to 106, although this was a percentage decrease to 25.85%, as Gauteng rose from 89 to 107.
However, deaths by police action accounted for only 65% of the deaths investigated by IPID, with 35% being deaths while in police custody. Here, KZN again leads, with a total combined count of 114 in 2020/21 and 129 in 2021/22, the highest in both years.
Furthermore, in the 2021/22 annual report, IPID notes that 51% of rapes committed by police officers occurred on duty, and 49% occurred off duty. While KZN does not lead the count in 2020/21, when 10 occurred, placing the province 3rd, the following year saw an increase of 100% to a total of 20, making KZN the province with the highest reported rapes by police in 2021/22.
In 2021/22, 85 cases were allocated to IPID in KZN, within 72 hours of receipt. 21 cases were allocated after 72 hours. This brought the total number of cases allocated to the branch to 3 685. However, only 10% of cases, 360, were ready for decision. 435 cases of deaths by police action were active, with only 85 deemed decision ready. For deaths in police custody, 52 remained active, with 24 deemed decision ready.
The main concern is IPID’s ability to investigate these offences and pass on the cases to the National Prosecuting Authority. The report indicates 112 cases were referred to the NPA by the KZN IPID branch, 38 for deaths by police action, and 3 for deaths in police custody. The Free State and the Northern Cape referred 420 and 249 cases respectively.
Of the 112 KZN cases referred, 87 were awaiting response, and 25 were rejected for prosecution. No cases were prosecuted. Only five cases saw disciplinary action taken, with one withdrawn and four deemed guilty.
Given the recent reporting on the killing of suspects by KZN SAPS, many question abound whether these actions are legitimate cases of officers acting in self-defence, or evidence of officers killing with impunity.
