Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011)

Number and year of law

Short title

Extent of repeal or amendment

Act 68 of 1995

South African Police Service Act

Amendment of section 1 of Act 68 of 1995, as amended by section 1 of Act 41 of 1997 and section 1 of Act 83 of 1998

1.  Section 1 of the African Police Service Act, 1995 is hereby amended—

(a) by the substitution for the definition of "secretariat" of the following definition:

"secretariat" means the Secretariat for [Safety and Security] Police established under section 2(1);";

(b) by the substitution for the definition of "Secretary" of the following definition:

"Secretary" means the Secretary [for Safety and Security] of Police appointed under section 2(2);".

Amendment of section 2 of Act 68 of 1995

1.    Section 2 of the South African Police Service Act, 1995, is hereby amended by the substitution for subsection (1) of the following subsection:

"(1)

(a) The Minister shall establish a secretariat to be called the Secretariat for [Safety and Security] Police.

(b) A provincial government may establish a provincial secretariat to be called the Provincial Secretariat for [Safety and Security] Police: Provided that the date on which a provincial secretariat will come into operation shall be determined by a provincial government in consultation with the Minister.".

Act 112 of 1998

Witness Protection Act

Amendment of section 1 of Act 112 of 1998

1.   Section 1 of the Witness Protection Act, 1998, is hereby amended by the substitution for the definition of "Complaints Directorate" of the following definition:

"Complaints Directorate" means the Independent [Complaints] Police Investigative Directorate, established under section [50] 2 of the [South African Police Service Act, 1995 (Act No. 68 of 1995)] Independent Police Investigative Directorate Act, 2010;".

2.   The substitute the words "Complaints Directorate", wherever they occur in the Act, of the word "Directorate".

Act 116 of 1998

Domestic Violence Act, 1998

Amendment of section 18 of Act 116 of 1998

1. Section 18 of the Domestic Violence Act, 1998, is hereby amended—

(a)by the substitution subsection (4) (the following subsection:

    "(4) (a) 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] Secretariat, established in terms of [that Act] section 4(1) of the Civilian Secretariat for Police Service Act, 2010, must forthwith be informed of any such failure reported to the South African Police Service.

(b)Unless the [Independent Complaints Directorate] Secretariat 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 referred to in paragraph (a).";

(b)by the substitution in subsection (paragraph and (d) of the following paragraphs respectively:

"(5) (c) The [Independent Complaints Directorate] Secretariat 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 setting out the recommendations made in respect of such matters.

(d) The National Commissioner of the South African Police Service must, every six months, submit a report to Parliament regarding—

(iii) steps taken as a result of recommendations made by the [Independent Complaints Directorate] Secretariat.".

Act 70 of 2002

Regulation of Interception of Communications and Provision of Communication-Related Information Act

Amendment of section 1 of Act 70 of 2002, as amended by the schedule of Act 36 of 2005 and section 1 of Act 48 of 2008

1.Section 1 of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002, is hereby amended—

(a) by the substitution for the definition of "Executive Director" of the following definition:

"Executive Director" means the Executive Director appointed in terms of section [51] 5(1) of the [South African Police Service Act] Independent Police Investigative Directorate Act, 2010;";

(b) by the substitution for the definition of "Independent Complaints Directorate" of the following definition: "Independent Complaints Directorate" means the Independent [Complaints] Police Investigative Directorate established by section [50(1)] 2 of the [South African Police Service Act] Independent Police Investigative Directorate Act, 2010;".

2.The substitution for the words "Independent Complaints Directorate", wherever they occur in the Act, of the word "Directorate".