Deputy Chair, members of the National Council of Provinces, the Independent Police Investigative Directorate Bill, together with the Civilian Secretariat for Police Service Bill placed before this House, form an important part of our approach to policing and the type of force we envisage and wish to move towards.
We once again wish to re-emphasise that as the ANC government and current police administration, we have committed ourselves to actively combating crime, including serious and violent crime, by being tougher on criminals and organised syndicates. However, we have always emphasised that this tough stance on crime must be balanced by our philosophy that policing must also be oriented towards having respect for human rights, being community centred, and being biased in favour of the weak and the safety needs of society.
These two pieces of legislation seek to establish and put in place mechanisms that will ensure that the rule of law is upheld at all material times, even by the law enforcement agencies themselves. Therefore, this approach is a far cry from the alleged militarisation approach that had been bandied about by some in our society.
The Bills were concurrently introduced in Parliament. These two Bills speak to our commitment to civilian oversight of the police. The issue of civilian oversight of the police is not just a mere rhetorical slogan on our part, but is fundamental to our policing approach.
The fact that we have introduced these Bills before introducing other pieces of legislation further confirms the seriousness with which we value this function. This seriousness affirms our view that this government and Ministry of Police do not have the desire for a police state, neither is there the likelihood of this country moving towards a such state at any point.
In changing the focus and the name of the Independent Complaints Directorate, ICD, to the Independent Police Investigative Directorate, Ipid, we are sending out a clear message that the new body will not just focus on processing complaints but will also emphasise developing a strong investigative capacity. We also seek to investigate and substantiate systemic defects in policing as well as general corruption.
This draft policy drew on the comprehensive guidance given by the White Paper as well as on past ICD experiences and reports emanating from Parliament regarding ICD functions. The Independent Police Investigative Directorate Bill before you not only changes the name of the ICD to the Independent Police Investigative Directorate, Ipid, but also creates a separate piece of legislation for the Ipid and removes it from being governed under the South African Police Service Act, as was the case previously.
Historically, there have been several problems that have plagued the smooth operation of the ICD. While it had investigative powers over the police, it still had to submit its recommendations to the national Commissioner of Police. The ICD has had no powers to ensure the implementation of its recommendations. There have also been concerns raised in Parliament regarding the broad focus of the ICD's mandate and its inability to implement this mandate effectively.
Equally, there have been concerns raised in relation to the ICD's lack of powers when investigating cases of corruption, especially within the police.
It is important to note that the monitoring by the ICD of compliance with the Domestic Violence Act by members of the police and general complaints by members of the public have been removed from the mandate of the Ipid. The Ipid will locate some of the oversight functions, such as those relating to the Domestic Violence Act, within the secretariat. The Bill further recognises that the police themselves must ultimately be responsible for investigating, irrespective of whether or not the perpetrator is a police officer.
The one area we have specifically located under the new Ipid is the investigation of any police officer involved in rape. We adopted this stance primarily because crimes against women and girls remain one of the government's key priorities. We want to ensure that in cases where a police officer is suspected of committing such a crime, the case should be investigated by an independent body.
This approach will go a long way towards building public confidence in the force while at the same time reinforcing government's commitment to ensuring that the most vulnerable in society are not abused by the very same people who should be protecting them.
For the Ipid to achieve its objectives and strategic goals it is imperative that its operational framework is properly aligned. To this end, the structure of the new Ipid must speak to its core functions. Past experiences indicated that there have been structural challenges that impacted on the directorate's successes. Therefore, the Bill speaks to the fact that the national office should be a lean, administrative office providing strategic leadership and direction, but with the capacity to execute the mandate located in the various provinces. Members who have previously been in the National Assembly know this. Currently that is not happening. We hope that this legislation will make a change.
As we indicated earlier, there can be no question that the historical, dysfunctional nature of the secretariat created a vacuum that the ICD unsuccessfully tried to fill. Section 208 of our Constitution gives effect to the establishment of the civilian secretariat under the direction of the Minister of Police.
The 1998 White Paper on Safety and Security provides for the SA Police Service to be the vehicle for law enforcement for the Republic. The White Paper further required and mandated a need to reform the system in which policy planning and monitoring occurred within the former Department of Safety and Security.
The Civilian Secretariat for Police Service Bill has been brought to this Parliament with very clear intentions on the part of the Ministry of Police. We have been forthright in our assertion that the current policing environment in our country requires us to fight crime smartly, toughly and with no mercy for those heartless criminals.
It also became apparent that as part of our legislative framework we required strong policing oversight bodies that would make sure that the policies of policing are determined by the executive. We adopted this framework precisely because, as we have said before in this House, we have no intention of sliding our policing approach towards a police state. We are of the firm view that there needs to be transparency and a separation of powers when determining policy and the implementation thereof. The Civilian Secretariat for Police Service Bill gives effect to that separation of powers and functions.
It requires the secretariat to provide sound civilian oversight over the SAPS, drive partnerships, provide policy advice to the Minister and to provide for the organisation of the civilian secretariat into a designated department. It further provides for the co-operation between the Independent Police Investigative Directorate and the secretariat, as well as enhancing co-operation between the SAPS and the civilian secretariat.
Importantly, the Bill uncouples the budget of the secretariat as a core centre of the SAPS so that it can maintain its independence from the SAPS. We have every confidence that a revamped, efficient and effective secretariat will enable us to develop policy that is sound and on par with international best practices, hon Makhubela, unlike previously when the secretariat had to beg to get funding from the Police.
It should also be remembered that by accepting this legislation we are in no way second-guessing the work of the police. On the contrary ... [Interjections.]