Pretoria - The proposed bill to set up an ombudsman to oversee the work and performance of the SAPS in Gauteng has been slammed for being at risk to replace the mandate of the Independent Police Investigative Directorate (Ipid).
This emerged this week during a heated meeting between the community in Mogale City and members of the portfolio committee on community safety.
The general sentiment expressed by participants was that the bill should not be passed. Instead, they said, the government should focus on strengthening the work done by Ipid to keep in check the conduct of police.
Legal expert Mosima Kekana, who presented the bill, said it would in effect allow the provincial government executive to play an oversight role on the police.
The bill proposed that Premier David Makhura should take charge of establishing the ombudsman in consultation with the MEC for community safety, and the provincial police commissioner.
“In terms of the bill, the ombudsman is the vehicle through which the provide seeks to perform some of the functions under Section 206 (3) to investigate any complaints of police inefficiency or breakdown in relations between the police service and the community members,” said the proposal. Kekana said the ombudsman would have power to subpoena any person to appear before him or her, to give evidence or to produce any document that has a bearing on the matter under investigation.
“The ombudsman must make recommendations to the MEC regarding any complaint under investigation, which may include that a commission of inquiry must be appointed by the premier,” part of the bill said.
The provincial commissioner would be required to submit annual reports to the MEC.
In reaction to the bill, one of the participants, Duduzile Gutswa said: “This bill doesn’t say anything about Ipid. Are you telling us that we are scrapping Ipid out of this whole thing?”
Gutswa said an ombudsman cannot be trusted and that the bill was doomed to fail in terms of execution.
Another resident, Godfrey Lepono, rejected the bill on the grounds that it was not going to be workable.
Lepono cited that the bill was problematic in that it seemed to take away powers from Ipid and give them to the ombudsman.
“But now if you say we are scrapping the Ipid and remain with the Ombudsman – are we giving the ombudsman the powers over Ipid that has been doing the very same work that the ombudsman is going to do? Are we saying that Ipid is going to be redundant and wouldn't have work to do?” Lepono asked.
Participant Colt Steenkamp was the only resident who gave a nod to the Bill on account that it would allow local associations to be accredited as neighbourhood watches.
He said accrediting associations as neighbourhood watches “can be an effective means in deterring crime”.
He said Ipid only addressed cases of police brutality “hence the establishment of ombudsman would be essential”.
Portfolio committee member Sizakele Nkosi-Malobane said the majority of people rejected the bill on the strength that it was not going to address challenges affecting them. She said people articulated the view that the government should strengthen the role of Ipid.
Pretoria News