Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011)Chapter 2 : National Office7. Responsibilities of Executive Director |
| (1) | The Executive Director is the accounting officer of the Directorate and must ensure that— |
| (a) | proper records of all financial transactions, assets and liabilities of the Directorate are kept; |
| (b) | the financial affairs of the Directorate comply with the Public Finance Management Act; and |
| (c) | an annual report is prepared in the manner contemplated in section 32. |
| (2) | The Executive Director is responsible for the appointment of the provincial heads of each province as contemplated in section 22(1). |
(3)
| (a) | The Executive Director must appoint such staff as may be necessary to enable the Directorate to perform its functions in terms of this Act. |
| (b) | The staff component must be established in accordance with the Public Service Act. |
| (c) | The conditions of service, including remuneration and allowances of such staff, are regulated in terms of the Public Service Act. |
| (d) | The Executive Director must direct that a register of declaration of interest by managers and investigators be kept in the prescribed form and manner. |
| (e) | The Executive Director must give guidelines with regard to— |
| (i) | the investigation and management of cases by officials within the respective provincial offices; |
| (ii) | administration of the national and provincial offices; and |
| (iii) | training of staff at national and provincial level. |
| (4) | The Executive Director must refer criminal offences revealed as a result of an investigation, to the National Prosecuting Authority for criminal prosecution and notify the Minister of such referral. |
| (5) | The National Prosecuting Authority must notify the Executive Director of its intention to prosecute, whereafter the Executive Director must notify the Minister thereof and provide a copy thereof to the Secretary. |
| (6) | The Executive Director must ensure that complaints regarding disciplinary matters are referred to the National Commissioner and where appropriate, the relevant Provincial Commissioner. |
| (7) | Once a month the Executive Director must submit to the Minister a summary of the disciplinary matters and provide a copy thereof to the Secretary. |
| (8) | All recommendations which are not of a criminal or disciplinary nature must be referred to the Minister and provide a copy thereof to the Secretary. |
| (9) | The Executive Director may upon receipt of a complaint, cause to investigate any offence allegedly committed by any member of the South African Police Service or Municipal Police Services, and may, where appropriate, refer such investigation to the National or Provincial Commissioner concerned. |
| (10) | The Executive Director must refer criminal matters which fall outside the scope of the Directorate, to the appropriate authority for further investigation in terms of applicable legislation. |
| (11) | The Executive Director must provide strategic leadership to the Directorate. |
| (12) | The Executive Director must at any time when requested to do so by the Minister or Parliament, report on the activities of the Directorate to the Minister or Parliament. |