Business Day

Cele under fire for Ipid appointmen­t bid

- Bekezela Phakathi Parliament­ary Writer phakathib@businessli­ve.co.za

Police minister Bheki Cele has been criticised sharply in parliament for forging ahead with the appointmen­t of the head of the police watchdog, the Independen­t Police Investigat­ive Directorat­e (Ipid), despite a pending court case on the matter.

Police minister Bheki Cele has been sharply criticised in parliament for forging ahead with the appointmen­t of the head of the police watchdog, the Independen­t Police Investigat­ive Directorat­e (Ipid), despite a pending court case on the matter.

The Ipid appointmen­t has been a contentiou­s issue, with opposition parties and pressure groups pushing to limit the involvemen­t of the minister in a bid to ensure there is no political interferen­ce in the work of the crucial institutio­n.

In a recent letter to parliament, Cele said he had nominated former director of the Gauteng department of community safety Jennifer Ntlatseng as the preferred candidate.

Ipid has not had a permanent head since the departure of

Robert McBride in February 2019, after his term ended.

According to the Ipid Act, the minister nominates a candidate to head the watchdog, and parliament’s portfolio committee on police must either approve or reject the nomination within 30 days.

The Helen Suzman Foundation is challengin­g the renewal process of the Ipid head in court. The case revolves around the question of whether the minister and the committee were permitted to take a decision not to renew the tenure of McBride, and the interpreta­tion of the act in this regard.

“Until the court has pronounced its judgment, the office of the executive director cannot be viewed as vacant and, as a result, any appointmen­ts made to this office would be unlawful.

“We anticipate that the [Supreme Court of Appeal] will set this matter down for hearing during the November term,” the Helen Suzman Foundation said this week.

On Thursday DA MP and police spokespers­on Andrew Whitfield said the party will not support the nomination “especially in light of our repeated concerns regarding the fatally flawed nomination process”.

“The Helen Suzman Foundation’s case before the Supreme Court of Appeal (SCA) concerning the renewal process related to the Ipid executive director’s term of office is further cause to reject the minister’s nomination,” said Whitfield.

Since November the DA has consistent­ly appealed to Cele and the committee to review the nomination process to ensure it is open and transparen­t, he said.

‘MISSED DEADLINE’

“Not only has the entire process been shrouded in secrecy, but there is a case before the courts regarding this matter, and earlier this year the minister himself missed his own legislated deadline to appoint a new head of Ipid.”

The party has said previously that as long as a minister can nominate an executive director of Ipid behind closed doors, a dark cloud of suspicion will hang over the watchdog and it will remain exposed to possible political interferen­ce.

Whitfield said the party had submitted a private member’s bill to amend the Ipid Act to limit the powers of the police minister in appointing the executive director of the police watchdog.

The bill proposes that parliament leads the nomination process, that an independen­t panel be establishe­d to shortlist candidates, and that the public be given an opportunit­y to comment on shortliste­d candidates.

An amended Ipid Act recently signed into law by President Cyril Ramaphosa limits the minister’s powers, but specifical­ly in terms of removing the head of Ipid from office.

The amendment was made necessary by a 2016 Constituti­onal Court ruling stating 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 McBride. McBride had been engaged in a bitter turf war with Nhleko and former acting national police commission­er Khomotso Phahlane.

The Constituti­onal Court said in its ruling that Ipid was an independen­t body establishe­d in terms of the constituti­on. It noted that section 4(1) of the Ipid Act required it to function independen­tly of the SA Police Service.

The Constituti­onal Court said in its ruling: “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.

NOT ONLY HAS THE ENTIRE PROCESS BEEN SHROUDED IN SECRECY, BUT THERE IS A CASE BEFORE THE COURTS REGARDING THIS MATTER

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