Madam Deputy Speaker, the most significant aspect of the Bill before us lies in its ensuring that the Police Service becomes a professional Police Service that operates within the spirit of our constitutional norms. Section 205(3) of the South African Constitution of 1996 states that:
The objects of the police service are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law.
Ipid was established under section 50(1) of the SA Police Service Act and section 222 of the interim Constitution, amongst other things, to ensure that cases against the police are properly investigated. In the Constitution section 206(3), (5)(a) and (6) combined are the relevant sections. The complaints body must investigate cases brought before it and those of alleged misconduct or offences committed by a member of the Police Service.
Without this body, the police would be a law unto themselves and be accountable to no one. Ipid replaces the ICD which was established in terms of the legislation that predated our Constitution. As such, the constitutional requirement of government to establish an independent police investigative directorate, in terms of section 206 has not been given full effect up to now. This Bill, therefore, rectifies a very important omission. The Bill is further aimed at addressing the historical abuse of power, the allegations and/or reports of police brutality towards citizens under arrest and those caught up the crossfire as police members carry out their duties. There are also high levels of police torture and abuse of victims in violation of citizenship rights as opposed to fair treatment, arrest procedures, interrogations and violations of human rights outside the realms of their overall work. Historical events and details in the annual report point to several documented cases where the Police Service has failed members of the public by investigating itself and then covering up for itself.
The Bill provides for the obligation by the police to co-operate with the law, engage civilians oversight and make sure that it does not have unwarranted outcomes where there is a failure to comply. Funds are to come directly from Parliament's budget as part of its appropriation. International examples which show that this Bill is a step in the right direction include Brazil, which has a police ombudsman and a civilian complaints review board, and the USA, which has an inspector-general. This is going to help us take away the element of political interference.
Targets of this Bill include the following: police offences should relate to deaths in police custody, rapes and the shooting of innocent victims in the line of duty as a result of police misconduct; the investigative operations of the previous ICD should be strengthened, and its mandate should be more refined; there should be an authority to refer matters for specialist investigations to other relevant orders; and there should be co- ordination with other police bodies.
The fact that the directorate will be independent from the Police Service and that it will report directly to the Minister of Police is both welcome and necessary. On the one hand it will allow for independent oversight of the SA Police Service as well as the municipal police services, and on the other hand it will afford Parliament an opportunity to exercise greater oversight over the Minister himself.
The independence, impartiality and accountability of the directorate are important developments. In the recent past, the ICD was not taken seriously. Unfortunately a large number of recommendations it made to the Police Service were blatantly ignored. However, that will now be history. Henceforth, failure to implement the recommendations of the directorate is a criminal offence punishable by law in terms of this Bill.
The aim of this Bill is to make sure that South Africa has a professional Police Force that responds to human rights and will not unnecessarily target law-abiding policemen and women who operate within the law. It also aims to strengthen the expertise, resources and independence of the civilian oversight of the Police Service. By changing its name to Ipid, this gives the directorate a platform to approach this new Bill with more openness, resolve and purpose, both politically and operationally.
Cope hopes that the executive director will perform his duty with credibility and professionalism free from politics, and be transparent. It is imperative that the directorate is properly resourced so as to carry out its mandate. Cope also supports a most thorough security screening of members appointed to the directorate. We hope that the government will make sure the screening is done in such a way that no one joins the investigative directorate without having been screened properly. Therefore, Cope supports the Bill. I thank you. [Applause.]