Legislation

What is the ICD?

It is a government department that was established in April 1997 to investigate complaints of brutality, criminality and misconduct against members of the South African Police Service (SAPS), and the Municipal Police Service (MPS).
It operates independently from the SAPS in the effective and efficient investigation of alleged misconduct and criminality by SAPS members.

The ICD investigates the following:

• deaths of persons in police custody or as a result of police action (such as shooting, assault).
• the involvement of SAPS members in criminal activities such as assault, theft, corruption, robbery, rape and any other criminal offences.
• police conduct or behaviour which is prohibited in terms of the SAPS Standing Orders or Police Regulations, such as neglect of duties or failure to comply with the police Code of Conduct.
• dissatisfaction/ complaints about poor service given by the police
• failure to assist or protect victims of domestic violence as required by the Domestic Violence Act (DVA).
• misconduct or offences committed by members of the Municipal Police Services (MPS).

The ICD cannot deal with the following:

• complaints of incidents which occurred before its establishment, that is before April 1997 and those which took place more than a year before they were reported to the ICD, unless there are exceptional circumstances.
• complaints against Correctional Services staff, court officials, and members of the South African National Defence Force.

LEGISLATIVE MANDATE OF THE ICD

Section 53(2) of the South African Police Act (Act no 68 of 1995) stipulates that the Independent Complaints Directorate:

1) May mero motu or upon receipt of a complaint, investigate any misconduct or offence allegedly committed by a member, and may, where appropriate, refer such investigation to the Commissioner concerned;
2) Shall mero motu or upon receipt of a complaint, investigate any death in police custody or as a result of police action; and
3) May investigate any matter referred to the Directorate by the Minister or member of the Executive Council.

Section 18 of the Domestic Violence Act, Act no 116 of 1998 stipulates that failure by a member of the South African Police Service to comply with an obligation imposed in terms of this Act or the National Instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act, 1995, and the Independent Complaints Directorate, established in terms of that Act, must forthwith be informed of any such failure reported to the South African Police Service. Unless the Independent Complaints Directorate directs otherwise in any specific case, the South African Police Service must institute disciplinary proceedings against any member who allegedly failed to comply with an obligation.

The Independent Complaints Directorate must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4) (a), and set out the recommendations made in respect of such matters. The National Commissioner of the South African Police Service must, every six months, submit a report to Parliament regarding steps taken as a result of recommendations made by the Independent Complaint Directorate.

In terms of Section 64 0 of the SAPS Act, read with Regulation 9 and Annexure 5 of the Regulations for Municipal Police Services, the ICD has been given the same civilian oversight duties in respect of Municipal Police Services that it has in respect of the South African Police Service.

Click here to view the ICD Bill