Hon Deputy Speaker, hon Ministers, hon Members of Parliament and our guests, hon members will know that SA Police Service members have huge legitimate powers such as to arrest would-be criminals, take suspicious people in for questioning, search people with or without warrants and use deadly force when it is reasonably necessary, to mention but a few.
As part of their work requirements, they are issued with firearms - the well-known R5s - as it is legally understood that there may be circumstances that require the use of firearms. These powers are indeed huge, and if not monitored they can be brutally abused by the SA Police Service members.
In order to prevent such brutality, section 206(6) of the Constitution of the Republic calls for the establishment of an organisation that should investigate any police brutality or abuse of power. From 1997 until now, that organisation has been and still is known as the ICD. It was established by the SA Police Service Act, Act 68 of 1995. The mandate of the ICD, as we speak, is to make recommendations on cases it investigates and submit those recommendations about police members to police management for implementation. The current legislation, namely chapter 10 of the SA Police Service Act, does not force SA Police Service members to implement the ICD recommendations. This simply means that the ICD recommendations are left to the discretion of the police management to decide whether to implement those recommendations or not.
Because of this shortcoming, most often than not the SA Police Service management simply ignores the ICD recommendations. Hence many organisations and individuals, particularly the Portfolio Committees on Safety and Security and lately on Police, realised that the ICD is a toothless but extremely necessary organisation. It is through this understanding that the ANC Polokwane national conference resolved that the ICD should be strengthened.
The Bill that is before the House establishes a much empowered organisation called Ipid. Unlike the ICD, which is complaint-driven, Ipid will be investigation-driven. This Bill in fact repeals Chapter 10 of the SA Police Service Act and amends other sections of the SA Police Service Act. It also amends the Witness Protection Act, Domestic Violence Act and the Regulation of Interception of Communications and Provision of Communication-Related Information Act. These repeals and amendments ensure that Ipid, unlike the ICD, has teeth and can bite. Ipid will focus on more serious and priority crimes committed by members of the SA Police Service. If you are not a member of the SAPS, you will not be protected or your case will not be processed by Ipid. Those cases include, as the Minister has mentioned, deaths, rape, torture, assault and matters relating to systemic corruption. Hon Ms Van Wyk will explain these in more detail.
This Bill also streamlines and recognises the handling process of complaints and investigation functions. It establishes a formal liaison mechanism between Ipid and the Civilian Secretariat for the Police Service through the consultative forum. This forum will see Ipid, the executive director and the civilian secretariat meeting at least four times a year.
This Bill also ensures Ipid's independent oversight of the SA Police and municipal police services. In this regard, Ipid will continue to be a designated organisation. It will train its investigators and it will have peace officer or police official powers as provided for in the Criminal Procedure Act.
The Bill further aligns provincial strategic objectives with those of the national office to enhance the functioning of the directorate. To achieve this objective, the executive director will appoint provincial heads of Ipid and establish a management committee that consists of an executive director and a provincial head of each province.
The Bill outlines the process to follow in dealing with recommendations in respect of the SA Police Service and municipal police services resulting from investigations conducted by the directorate, as well as sanctions that include imprisonment in the event Ipid's recommendations are ignored by the SAPS. This did not exist with the ICD.
The Bill clearly enhances accountability and transparency by the SA Police Service and municipal police services, of course in accordance with the principles of the Constitution. This Bill clearly spells out first that the SAPS and municipal police must co-operate with Ipid. Failure to do so will result in sanctions being applied. These may also include a prison sentence.
The Bill provides for Ipid to function independently from the SA Police Service and calls for each organ of state to assist the directorate to maintain its impartiality and to perform its functions effectively.
As I conclude, let me thank all those institutions, organisations and individuals who made written and/or oral submissions on this Bill. Most of the submissions identified weaknesses in the Bill, which were referred to the committee. Options and solutions were provided, which assisted us in the processing and production of the Bill that is before this House today.
Let me mention here that all those who made submissions supported the Bill. Almost 95% or more of the submissions advised us as the portfolio committee to define "torture". We clearly heard these submission, but all members across party lines took a decision not to define "torture" in this Bill. We believe that the Combating of Torture Bill is the Bill that should define "torture". This means that the dictionary definition will be used for the purpose of the Independent Police Investigative Directorate Bill. Hon Koos agrees with me.
It will also be important for me to thank the state law advisers, the ICD staff and particularly the executive director, as well as the civilian secretary. These people worked very hard and met all our deadlines. Our support staff equally assisted us, and we appreciate their contributions. The media showed positive interest in this Bill, and we appreciate that.
Lastly, but not least, I want to thank all members of the portfolio committee. I think and believe that the Bill that is before the House today is good. I believe that it will empower Ipid and, as such, be supported by all parties. The ANC supports the Independent Police Investigative Directorate Bill. I thank you. [Applause.]