Police Minister Bheki Cele has defended his decision to introduce the Independent Police Investigative Directorate (Ipid) bill to Parliament, although it was not certified as constitutional by the state law attorney.
Last month, the ANC used its majority to adopt a motion of desirability of the Ipid Amendment Bill, despite the parliamentary legal advisor and an independent senior counsel also finding the amendment bill unconstitutional.
The amendment bill provides that the minister, with the concurrence of Cabinet, shall appoint the Ipid executive director.
This is a departure from the current Act that makes a provision for the minister to nominate to Parliament a new Ipid head and that MPs either approve or reject it.
Responding to parliamentary questions from Freedom Front MP Pieter Groenewald, Cele said the Ipid bill was already in the Cabinet process when the office of chief state law adviser provided its opinion.
The state law advisor informed Cele that there were constitutional challenges with a clause of the bill that provided for the appointment of the executive director of the Ipid.
“This triggered the ministry to seek a legal opinion on how to resolve this issue considering that the appointment of heads of departments are within the prerogative of the executive authority in consultation with cabinet,” he said.
Cele also said the National Assembly rules did not preclude a bill from being processed further by the relevant portfolio committee.
“The certification of a bill by the office of chief state law advisor is a procedural requirement in terms of the national Assembly .
“However the lack of certification of the Ipid amendment bill and the opinion provided by the Office of the chief state law advisor are not binding on the National Assembly.
“The committee and the National Assembly are still required to process a bill referred to it as set out in the National Assembly rules.
“The office of the chief state law advisor opinion must be considered by the committee during its deliberations of the bill,” Cele said, quoting the legal opinion provided by the parliamentary legal services.
Cape Times