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ipidIndependent Police Investigative Directorate

ENGLISH

Independent Police Investigative Directorate

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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 Complaints.KwaZuluNatal@ipid.gov.za

Gauteng 20TH Floor, Marble Towers Building, NO. 208-212 Jeppe Street, Johannesburg

011 220 1500 011 333 2705 Complaints.Gauteng@ipid.gov.za

Limpopo 2nd Floor Femnic Building, 66 A Market Street, Polokwane

015 291 9800 015 295 3409 Complaints.Limpopo@ipid.gov.za

Mpumalanga Nedbank Centre, 1st Floor, 48 Brown Street, Nelspruit

013 754 1000 013 752 2602 Complaints.Mpumalanga@ipid.gov.za

Eastern Cape Mezzannine Floor Permanent Building, 42-44 Oxford Street, CNR. Oxford & Terminus Streets, East London, 5200

043 706 6500 043 722 2889 Complaints.EasternCape@ipid.gov.za

Free State 15 CNR Andrew & Westburger Streets, Ground Floor, Standard Bank Building, Bloemfontein

051 406 6800 051 430 8852 Complaints.FreeState@ipid.gov.za

Northern Cape 39 George Street, Kimberley 053 807 5100 053 832 5615 Complaints.NorthernCape@ipid.gov.zaNorth West No.1 Station Road, Molopo

Shopping Centre, 1st Floor, Mafikeng, 2745

018 397 2500 018 381 1495 Complaints.NorthWest@ipid.gov.za

Western Cape Fintrust Building, 1st Floor, Corner Petrusa & Mazzur Street, Bellville, 7530

021 941 4800 021 949 3196 Complaints.WesternCape@ipid.gov.za

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: complaints@ipid.gov.zaWebsite: www.ipid.gov.za