Ramaphosa signs new police laws for South Africa

President Cyril Ramaphosa has signed into law the Independent Police Investigative Directorate (IPID) Amendment Act.

The legislation affirms the IPID’s institutional and operational independence and empowers it to investigate serious allegations of offences committed by police officers, whether on duty or not.

The Presidency said that Ramaphosa’s signing follows a comprehensive review of the principal IPID Act of 2011 initiated by the Civilian Secretariat for Police Service.

“The Civilian Secretariat provides the Minister of Police with policy advice and research support, develops departmental policy, provides civilian oversight of the South African Police Service, and mobilises stakeholders outside the department around crime prevention and policing matters,” said the Presidency.

The new law entrenches IPID’s institutional and operational independence and clearly states that the directorate must be independent and exercise its powers without fear, favour, or prejudice.

The amended law gives effect to an earlier Constitutional Court judgement in the McBride v Minister of Police and Another, which included the provisions in the IPID Act that allowed the Minister of Police to take disciplinary measures against the Executive Director of IPID without parliamentary oversight.

The updated legislation also amends provisions related to the appointment of the IPID executive Director and broadens the Executive Director’s responsibilities regarding the referral of recommendations on disciplinary matters.

It also provides for pre-employment security screening investigations to be conducted by the directorate.

The IPID will further be allowed to investigate any deaths caused by the actions of a member of the South African Police Service (SAPS) or a member of a municipal police service, whether on or off duty.

It can investigate rapes by a member of the SAPS or a municipal police service, whether on or off duty.

The law also provides savings in the conditions of service of existing IPID investigators and provincial heads.

The new law can be found below:

Joins the list of GNU Laws

The IPID Act joins a long list of Bills signed into law by the President over the last year.

The President has also been busy since the creation of the Government of National Unity (GNU) with the DA, IFP, PA, Good, PAC, FF Plus, Rise Mzansi, Al-Jama Ah and UDM.

Last week, the President signed four new laws for South Africa: the Public Procurement, Climate Change, National Small Enterprise and the Companies Amendment Acts.

Introduced in 2023 by Finance Minister Enoch Godongwana, the Public Procurement Act establishes a single framework for regulating public procurement, including preferential procurement, by all state organs.

The Climate Change Bill, introduced by the Minister of Forestry, Fisheries and the Environment in 2022, provides for the nation’s climate change response, which includes mitigation and adaptation actions.

The law aims to boost South Africa’s capacity to cut greenhouse gas emissions, enhance climate resilience, cut job losses, and boost the green economy.

The National Small Enterprise Bill also seeks to streamline the support services the government provides to small and medium businesses to broaden their participation in the economy.

Finally, the Companies Amendment Act will require firms to disclose the pay gap between their highest- and lowest-paid workers.

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