Ramaphosa signs into law bills demanded by the Constitutional Court

President Cyril Ramaphosa has signed into law a crucial bill to curb the police minister’s power to suspend or remove the head of the police watchdog, the Independent Police Investigative Directorate (Ipid).

The amendment to the Ipid Act was made necessary by a 2016 Constitutional Court finding that the police minister had no authority to dismiss the Ipid head without parliament instituting the necessary processes. This was after former police minister Nathi Nhleko moved to suspend then Ipid executive director Robert McBride.

McBride was at the time engaged in a bitter turf war with Nhleko and former acting national police commissioner Khomotso Phahlane.

The Constitutional Court found that Ipid was an independent body established in terms of the constitution and that section 4(1) of the Ipid act required it to function independently of the SA Police Service.

The Constitutional Court said in its judgment: “Given the nature, scope and importance of the role played by police in preventing, combating and investigating crime, Ipid’s oversight role is of cardinal importance.”

The act will require parliament to have an oversight role in which a two-thirds majority vote will be needed in the National Assembly to suspend‚ discipline or remove the executive director of Ipid.

The DA welcomed the amendment, but said it was necessary to further limit the police minister’s involvement in appointing the watchdog head. DA MP and police spokesperson Andrew Whitfield said that allowing the minister to nominate the executive director of

Ipid was “counterintuitive” and against the spirit of the Constitutional Court judgment.

For as long as a minister could nominate an Ipid executive director behind closed doors, a dark cloud of suspicion would hang over the watchdog and it would remain exposed to possible political interference.

“The DA is of the view that the Ipid Act, in its current form, remains inadequate insofar as the protection of Ipid’s independence is concerned and is vulnerable to legal challenge.”

Ramaphosa also signed into law the Promotion of Access to Information Amendment Act to provide for access to information on the private funding of political parties and independent candidates.

This amendment was necessitated by a June 2018 Constitutional Court judgment. The court found that the act was unconstitutional in that it failed to provide for the recording, preservation and reasonable disclosure of information about the private funding of political parties and independent candidates.

Party funding information will have to be made available quarterly. The information must be disclosed at least two months before a national, provincial or municipal election or a referendum. Records must be kept for a period of at least five years.