About the ICD

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Strategic Plan 2002-2004
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An Extract from the TRC Report
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Establishment of the ICD
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Organogram of the ICD
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The ICD in short
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50.1

1. The independent Complaint Directorate, which shall be structured at both national and provincial levels, is hereby established.

2. The date on which the provincial structures of the directorate will come into operation, shall be determined by the Executive Director in consultation with the Minster.

50.2
The directorate shall function independently from the service.

50.3

1. No organ of state and no member or employee of an organ of state nor any other person shall interfere with the Executive Director or a member of the personnel of the directorate in the exercise and performance of his of power and functions.

2. Any person who wilfully interferes with the Executive Director or a member of the personnel of the directorate in the exercise or performance of his or her powers or functions shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.

50.4
All organs of state shall accord such assistance as may be reasonably required for the protection of the independence, impartiality, dignity and effectiveness of the directorate in the exercise and performance of its powers and functions.

51.1
The Minister shall nominate a suitably qualified person for appointment to the office of Executive Director to head the directorate in accordance with a procedure to be determined by the Minster in consultation with the Parliamentary Committees.

51.2
The Parliamentary Committees shall, within a period of 30 parliamentary working days of the nomination in terms of sub-section (1) confirm or reject such nomination.

51.3
In the event of the nomination being confirmed

1. Such person shall be appointment to the office of Executive Director subject to the laws governing the public service with effect from a date agreed upon by such person and the Minister; and

2. Such appointment shall be for a period not exceeding five years: Provided that such person shall be eligible for consecutive appointment in accordance with this section.

51.4
The Executive Director may be remove from his or her office under the circumstances and in the manner prescribed by the Minister in consultation with the Parliamentary Committees.

52.1
The personnel of the directorates shall consist of persons appointed by the Executive Director in consultation with the Minister subject to the laws governing the public service and such other persons as may be seconded or transferred to the directorate.

52.2
The terms and conditions of service of the personnel of the directorate shall be determined by the Minister in consultation with the Executive Director and the Public Service Commission.

52.3
The functions of the directorate shall be funded by money appropriated by Parliament for that purpose.

52.4
The Executive Director shall, subject to the Exchequer Act. 1997 (Act No. 66 of 1974)

1. be the accounting officer charged with the responsibility of accounting for all money appropriated by Parliament for the purpose of the performance of the functions of the directorate and the utilisation thereof; and

2. cause the necessary accounting and other related records to be kept.

53.1

1. The principal function of the directorate shall be the achievement of the object contemplated in section 222 of the Constitution.

2. The Executive Director shall be responsible for –

1. the performance of the functions of the directorate; and
2. the management and administration of the directorate.

53.2 In order to achieve its objects, the directorate –

1. may mero motu or upon receipt of a complaint, investigate any misconduct or offence allegedly committed by any member, and may, where appropriate, refer such investigation to the police action; and

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 the member of the Executive Council.

52.3

1. The Minister may, upon the request of and in consultation with Executive Director, authorise those members of the personnel of the directorate identified by the Executive Director, to exercise those powers and perform those duties conferred on or assigned to any member by or under this Act or any other law.

2. The members of the personnel referred to in paragraph (a) shall have such immunities and privileges as may be conferred by the law on a member in order to ensure the independent and effective exercise and performance if their powers and duties.

52.4
A document, in the prescribed form, certifying that a person is a member of the personnel of the directorate and has been authorised to exercise the powers and perform the duties of a member, shall be prima facie proof that such member has been authorised as contemplated in subsection (3).

52.5
Any member of the personnel of the directorate who wilfully discloses any information in circumstances in which he or she knows or could reasonably be expected to know that such disclosure would or may prejudicially affect the performance by the directorate or the Service of its functions, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a periods not exceeding two years.

52.6 The Executive Director may –

1. at any time withdraw any referral made under subsection (2) (a);

2. request and obtain information from any Commissioner or police official as may be necessary for conducting any investigation:

3.  

1. monitor the progress of;

2. set guidelines regarding ; and

3. request and obtain information regarding an investigation referred to a Commissioner under subsection (2) (a);

4. request and obtain the co-operation of any member as may be necessary to achieve the object of the directorate;

5. commence an investigation on any matter notwithstanding the fact that an investigation regarding the same matter has been referred under subsection (2) a pending or has been closed by the Service, or the docket regarding the matter has been submitted to the attorney-general for decision; Provided that in the case of a –

1. referred or pending investigation, directorate shallact after consultation with the member heading the investigation; or

2. docket regarding a matter having been submitted to the attorney-general for decision, the directorate shall act in consultation with the attorney – general;

6. request and obtain information from the attorney – general’s office in so as it may be necessary for the directorate to conduct an investigation: Provided that the attorney – general may on reasonable grounds refuse to accede to such request;

7. submit the results of an investigation to the attorney – general for his or her decision;

8. in consultation with the Minister and with the concurrence of the Minister of Finance, obtain the necessary resources and logistical support or engage the services of experts, or other suitable persons to enable the directorate to achieve its object;

9. make recommendations to the Commissioner concerned;

10. make any recommendation to the Minister or a member of the Executive Council which he or she deems necessary regarding any matter investigated by the directorate or relating to the performance of the directorate’s functions: Provided that in the event of a recommendation made to a member of the Executive Council, a copy thereof shall be forwarded to the Minister; and

11. subject to the Exchequer Act, 1975 (Act no 66 of 1975), delegate any of his or her powers to any member of the personnel of the directorate.

52.7
The Executive Director shall, in consultation with the Minister, issue instructions to be complied with by the directorate which shall inter alia include instructions regarding –

1. the lodging, receiving and processing of complaints;
2. recording and safe-guarding of information and avidence;
3. disclosure of information;
4. the making of findings and recommendations; and
5. all matters incidental to the matters referred to in paragraphs (a) to (c)

52.8
The National or Provincial Commissioner shall notify the directorate of all cases of death in police custody or as a result of police action.

52.9
The Minister may prescribe procedures regarding –

1. protecting the identify and integrity of complaints; and
2. witness protection programmes.

54. Reporting. – The Executive Director shall –

1. within three months after the end of each financial year, submit to the Minister a writen report on activities of the directorate during that financial year, which report shall be tabled in Parliament by the Minister within14 days after receipt thereof or if Parliament is not then in session, within 14 days after the commencement of the next ensuing session; and

2. at any time when requested to do so by the Minister or either the Parliamentary Committees, submit a report on the activities of the Directorate to the Minister or that Committee.