ENGLISH ipid - icd.gov.za final.pdf · • any complaint relating to the discharge of an official...
Transcript of ENGLISH ipid - icd.gov.za final.pdf · • any complaint relating to the discharge of an official...
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ipidIndependent Police Investigative Directorate
ENGLISH
Independent Police Investigative Directorate
ipid
VIsIOn
To promote proper police conduct in accordance with the principles of the Constitution.
MIssIOn
An effective, independent and impartial investigating and oversight body that is committed to justice and acting in the public interest while maintaining the highest standards of integrity and excellence.
VAluEs
The IPID aspires to adhere to the highest standards of ethical behaviour, integrity and the continuous application of our values. The following values are the core from which we operate and respond:
• Mutual respect and trust• Integrity and honesty• Transparency and openness• Equity and fairness• Courtesy and commitment
MIssIOn sTATEMEnT
The aim of the Independent Police Investigative Directorate (IPID) is to ensure independent oversight over the South African Police Service (SAPS) and the Municipal Police Services (MPS), and to conduct independent and impartial investigations of identified criminal offences allegedly committed by members of the SAPS and the MPS, and make appropriate recommendations.
Independent Police Investigative Directorate
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IPID’s MAnDATE
The mandate of the IPID is to conduct independent and impartial investigations of specified criminality committed by members of the South African Police Service (SAPS) and Municipal Police Services (MPS).
WHAT THE nEW lEgIslATIOn (IPID ACT) EnTAIls?
This mandate has been expanded and focused by the new Independent Police Investigative Directorate (IPID) legislation which was signed into law by President Zuma on 12 May 2011. IPID Act is operational from 01 April 2012. This means that the IPID will investigate only the matters specified in the IPID Act.
TYPEs OF MATTERs THAT MusT BE InVEsTIgATED
The IPID must investigate the following (specified) matters:• any deaths in police custody;• deaths as a result of police actions;• any complaint relating to the discharge of an official firearm by any police officer;• rape by a police officer, whether the police officer is on or off duty;• rape of any person while that person is in police custody;• any complaint of torture or assault against a police officer in the execution of his or her
duties;• may investigate corruption matters within the police initiated by the Executive Director on his
or her own, or after the receipt of a complaint from a member of the public, or referred to the Directorate by the Minister, an MEC or the Secretary for Police, as the case may be; and
• any other matter referred to it as a result of a decision by the Executive Director, or if so requested by the Minister, an MEC or the Secretary for Police as the case may be.
THE POlICE HAVE An OBlIgATIOn TO REPORT
The Station Commissioner, or any member of the SAPS or MPS must: • immediately after becoming aware, notify the Directorate of any matters that must be
investigated by the Directorate; and• within 24 hours thereafter, submit a written report to the Directorate in the prescribed form
and manner of any such matter.
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THE POlICE HAVE An OBlIgATIOn TO ACT OR REsPOnD TO RECOMMEnDATIOns
An obligation to act on or respond to the IPID’s disciplinary recommendations is put on the National Commissioner in that he/she must:
• within 30 days of receipt thereof, initiate disciplinary proceedings in terms of the recommendations made by the Directorate and inform the Minister in writing, and provide a copy thereof to the Executive Director and the Secretary of Police;
• quarterly submit a written report to the Minister on the progress regarding disciplinary matters made in terms of paragraph (a) and provide a copy thereof to the Executive Director and the Secretary for Police; and
• immediately on finalisation of any disciplinary matter referred to it by the Directorate, to inform the Minister in writing of the outcome thereof and provide a copy thereof to the Executive Director and the Secretary for Police.
THE POlICE HAVE An OBlIgATIOn TO COOPERATE WITH THE IPID
The members of the SAPS or MPS must provide their full cooperation to the Directorate, including but not limited to -
• the arrangement of an identification parade within 48 hours of the request made by the Directorate;
• the availability of members for the taking of an affidavit or an affirmed declaration or to give evidence or produce any document in that member’s possession or under his or her control which has a bearing on the matter being investigated; and
• any other information or documentation required for investigation purposes.
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WHAT sORT OF MATTERs WIll THE IPID nO lOngER DEAl WITH?
• Cases of non-compliance with the Domestic Violence Act by SAPS members
The IPID will no longer be dealing with matters of non-compliance with the DVA by SAPS members. Complaints of non-compliance with this act will be handled by the Secretariat of Police.
• Service delivery complaints against SAPS and MPS members
IPID will not investigate service delivery complaints against SAPS or MPS members in instances such as failure to investigate, failure to assist, failure to give feedback, rudeness and police misconduct. These matters are now dealt with by the police inspectorate in the offices of SAPS Provincial Commissioners.
WHAT THE IPID CAnnOT DEAl WITH
The IPID cannot deal with the following:• Complaints of incidents which occurred before the establishment of the Independent
Complaints Directorate (ICD) in April 1997 and those which took place more than a year before they were reported to the IPID, unless there are exceptional circumstances.
• Complaints against Correctional Services staff, court officials, and members of the South African National Defence Force.
• Matters that have been dealt with or are currently being dealt with by the courts• Matters that are not criminal in nature, e.g divorce, recovery of money or unlawful arrest etc
WHO MAY lODgE A COMPlAInT?
• Any person, either as a victim, witness or representative.• Non-governmental and community-based organizations.
HOW CAn I lODgE A COMPlAInT?
A complaint may be lodged in person, by telephone, per letter or e-mail to any IPID office. The complainant must fill in a complaint registration form (Form 2), which can be obtained from any IPID office. Form 2 is also accessible on the IPID’s website at: http://www.ipid.gov.za
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HOW WIll MY COMPlAInT BE DEAlT WITH?
Attending of scene of crime
Obtaining statements
A report with recommendation to DPP and copy
to SAPS
Prosecution
Report to client/s
Court appearance
Conviction / acquittal
Report complaint to
IPID
Discussion of case
SAPS departmental
action
Report to client/s
Report to client/s
Sanction / acquittal
Deaths in police custody
Deaths as a result of police
actions
Discharge of an official firearm
by a police officer
Rape by a police officer
Rape by any person in police
custody
Torture or assault by a police officer
Systemic corruption
involving police
Investigation
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WHERE CAn I COnTACT IPID?
PROVInCIAl OFFICEsPROVINCIAL OFFICES
STREET ADDRESS TEL NUMBER FAX NUMBER E-MAIL ADDRESS
KwaZulu-Natal 3RD Floor, The Marine Building, 22 Dorothy Street Nyembe Street(Gardiner Street,Durban
031 310 1300 031 305 8214 [email protected]
Gauteng 20TH Floor, Marble Towers Building, NO. 208-212 Jeppe Street, Johannesburg
011 220 1500 011 333 2705 [email protected]
Limpopo 2nd Floor Femnic Building, 66 A Market Street, Polokwane
015 291 9800 015 295 3409 [email protected]
Mpumalanga Nedbank Centre, 1st Floor, 48 Brown Street, Nelspruit
013 754 1000 013 752 2602 [email protected]
Eastern Cape Mezzannine Floor Permanent Building, 42-44 Oxford Street, CNR. Oxford & Terminus Streets, East London, 5200
043 706 6500 043 722 2889 [email protected]
Free State 15 CNR Andrew & Westburger Streets, Ground Floor, Standard Bank Building, Bloemfontein
051 406 6800 051 430 8852 [email protected]
Northern Cape 39 George Street, Kimberley 053 807 5100 053 832 5615 [email protected] West No.1 Station Road, Molopo
Shopping Centre, 1st Floor, Mafikeng, 2745
018 397 2500 018 381 1495 [email protected]
Western Cape Fintrust Building, 1st Floor, Corner Petrusa & Mazzur Street, Bellville, 7530
021 941 4800 021 949 3196 [email protected]
sATEllITE OFFICEsSATELLITE OFFICES STREET ADDRESS TEL NUMBER FAX NUMBERKwaZulu-Natal 10 Union Street, Edwards Pharmacy Building,
First Floor Room 1035 772 3022 035 772 3049
Free State Physical Address : 28 Louw Street, Maseroy Building, Bethlehem, 9700
058 307 7620058 307 7621
086 6300927
Eastern Cape 10th Floor PRD Building, Office number 1056B, Suiderland Street, Umthatha
047 501 5900 047 531 1570
Northern Cape 13 Kooperasie Street, Upington 054 338 5700 054 331 0053North West 165 Klopper Street, Rustenburg 014 591 8560 014 592 1349Limpopo Thohoyandou, Limdev Building, Limpopo
Development Corporation, Ground floor office no: D1
015 962 0405 015 962 0345
HEAD OFFICE
Physical Address: City Forum Building, 114 Madiba (Vermeulen) StreetPostal Address: Private Bag x 941, Pretoria, 0001Tel: (012)399 0000Fax: (012)326 0408E-mail: [email protected]: www.ipid.gov.za