Change story: Giving teeth to the watchdog

The ISS helped to strengthen the regulatory body that prevents abuse of police power in South Africa.

Published on 12 August 2016 in Impact

With about 155 000 trained officers, many heavily armed, the South African Police Service (SAPS) has enormous potential power. Police are highly mobile, on duty 24 hours a day, and have authority to take people’s freedom and use deadly force.

‘This power requires restraint,’ says Johan Burger, ISS senior researcher and a former police general. ‘International experience shows this can’t be left to the police alone, but needs rigorous oversight by a strong independent body. Citizens need assurance that police will be held to account, and misconduct properly investigated.’

As a result of ISS advice, South Africa today has an Independent Police Investigative Directorate (IPID) that is stronger and better able to hold the police accountable. The ISS directly shaped the legislation passed in 2011 to establish and govern IPID.

This followed joint research with IPID’s predecessor, the Independent Complaints Directorate (ICD). By 2006 it was clear the ICD lacked resources and the legislative teeth to make an impact. Burger was asked for guidance, based on his credibility as an informed analyst and commentator on policing, crime and justice.

The joint study included an analysis of 573 criminal and disciplinary case dockets, and interviews with senior officials across the country. The study found a gap in the law that meant police weren’t obliged to comply with ICD recommendations. There was mistrust between the ICD and SAPS, and the Directorate was also severely understaffed.

‘We don’t always like what you say, but you keep us on our toes’

ISS recommendations led in 2012 to the establishment of a significantly more powerful investigative body in the form of IPID.

IPID’s independence was entrenched in separate legislation, and it got a R36 million budget boost, enabling it to employ more investigators.

IPID is now legally mandated to investigate not only deaths in custody or as a result of police action, but also rape by police or of persons in police custody, police corruption and complaints of torture. Police must provide full cooperation to IPID investigators who have powers to enter and search premises, seize articles, make arrests and execute warrants.

‘Now the whole police oversight process is working much more effectively,’ says Burger. ‘You see police officers being charged criminally or through police disciplinary processes. We’ve helped create a more efficient civilian structure with more teeth, and we’ve also identified weaknesses in training and investigations.’

Burger says the ISS recommendations were taken seriously because the organisation has a high profile and reliable track record in policing analysis. As an experienced former policeman, he understood the challenges faced by the SAPS.

Without the ISS work, civilian oversight would be in a much worse place today. The value of the ISS intervention is demonstrated by both police and IPID continuing to seek its expertise.

A police general told Burger: ‘We don’t always like what you say, but you keep us on our toes.’ And that’s exactly how oversight is supposed to work.