On the record: Interview with Francois Beukman, Executive Director of the Independent Complaints Directorate

Abstract

The Independent Complaints Directorate (ICD) is South Africa’s primary independent agency responsible for investigating complaints against the police. It was established in 1997 under Chapter 10 of the South African Police Service Act. The Act makes the ICD’s sole compulsory mandate the investigation of deaths in police custody or as a result of police action. However, the ICD has also been open to receipt of complaints of police involvement in criminal activity, and failure to comply with the Domestic Violence Act. A new Bill, the Independent Police Investigations Directorate (IPID) Bill, is likely to be adopted in the third quarter of 2011. The new Act will significantly change the current functions of the ICD and will guide the transformation of the ICD into the Independent Police Investigations Directorate (IPID), providing it with its own legislation (independent of the SAPS Act). Under the new legislation the IPID will be mandated to investigate not only deaths in police custody or as a result of police action, but also complaints relating to the discharge of an official firearm by a police official; rape by a police official, rape of any person in police custody; complaints of torture or assault against a police official in the execution of his or her duties; and systemic corruption. The Bill also puts an onus on SAPS managers to report to the IPID on action taken against members following the submission of post-investigation IPID recommendations. Andrew Faull speaks to ICD Executive Director, Francois Beukman, about the changes taking place.