ROLE & FUNCTION OF OFFICE OF THE JUDGE

Transcription

1 ROLE & FUNCTION OF OFFICE OF THE JUDGE

2 TABLE OF CONTENTS Purpose Introduction Mandate Powers Accountability Lodging of Complaints Complaints Reporting Form Respective Roles of IPID and Office of the Judge Abuse of Complaints Mechanism Offences Positioning of Office of the Judge Budget Judge s Contact Details 9/2/2014 2

3 PURPOSE To brief the Portfolio Committee on Police on the role and function of the Office of the Judge as set out in section 17 L of the South African Police Act, as amended ( SAPS ACT ) To highlight the differences on the roles and functions of the Independent Police Investigative Directorate ( IPID ) and the Office of the Judge 9/2/2014 3

4 INTRODUCTION Section 17L of the SAPS Act calls for the Minister of Police after consultation with the Minister of Justice and the Chief Justice to appoint a retired Judge that will investigate complaints from and against members of the Directorate for Priority Crime Investigation (HAWKS ) 9/2/2014 4

5 MANDATE OF THE OFFICE OF JUDGE There are only two types of complaints Category A: Complaints from the members of the Public in respect of a serious and unlawful infringement of their rights caused by an investigation conducted by the Hawks Category B: Complaints by members of the Hawks in respect of an alleged improper influence or interference of their investigation, political or otherwise The office of the Judge is precluded from investigating complaints about intelligence matters falling under the jurisdiction of the Inspector- General of Intelligence. The Judge does not usurp the functions of IPID 9/2/2014 5

6 MANDATE CONT.. The office of the Judge may upon receipt of a complaint either investigate or refer such to, amongst others The Civilian Secretariat for the Police The IPID The National Commissioner The Head of the Directorate The relevant Provincial Commissioner The National Director of Pubic Prosecution The Inspector general of intelligence and Chapter 9 Institutions South African Human Rights Commission Public Protector Commission for Gender Equality 9/2/2014 6

7 POWERS OF THE OFFICE OF JUDGE OFFICE OF THE JUDGE: May obtain information and documents under the control of SAPS May enter any building or premises of SAPS in order to obtain such information and documents Is entitled to all reasonable assistance by a member of SAPS The Office of the Judge may request and obtain information from the National Director of Public Prosecution ( NDPP) in so far as it may be necessary for the Office of the Judge to conduct an investigation 9/2/2014 7

8 LODGING OF COMPLAINTS A complaint shall be made in writing in the form set out in Annexure 1 of the Regulations of the Office of the Judge A complaint may be lodged in person, ,fax, post or be delivered at the Office of the Judge( details provided last slide) The Office of the Judge may require any complainant to submit any allegations made to it in a form of an affidavit. The Office of the Judge may upon receipt of a complaint either investigate or refer such complaint to other relevant role-players. Complaints may also be lodged at any IPID offices, which shall ensure that the complaint is submitted to the Office of the Judge without any delay, A person, who wishes to lodge a complaint at an office of IPID, shall be assisted by personnel of IPID to complete the prescribed form, if so required. 9/2/2014 8

9 ACCOUNTABILITY The Office of the Judge must report the outcome of any investigation undertaken by him or any referral to the Minister of Police The Judge shall annually report to Parliament on the performance of his functions 9/2/2014 9

10 LODGING OF COMPLAINTS CONT The National Head of the HAWKS may also request the Office of the Judge to investigate complaints or allegations relating to investigations by the HAWKS or alleged interference with such investigations. According to section 17L (4) a member of the HAWKS is not compelled to lodge a complaint to the Office of the Judge via his/her management structures but can lodge a complaint directly to the Office of the Judge provided he / she can provide evidence of any improper influence or interference at his / her disposal. 9/2/

11 COMPLAINTS REPORTING FORM Page 1 Page 2 Page 3 9/2/

12 RESPECTIVE ROLES Office of the Judge shall investigate 1. A complaint by a member of the public in terms of section 17L(4)(a) who can provide evidence of a serious and unlawful infringements of his or her rights caused by an investigation of the Directorate 2. A complaint by member of the HAWKS in terms of Section 17L (4)(b) who can provide evidence of any improper influence or interference whether of a political or other nature exerted upon him or her regarding the conducting of an investigation. IPID shall investigate 1. Any deaths in police custody 2. Deaths as a result of police action 3. Any complaints relating to the discharge of an official fire arm by any police officer 4. Rape by a police officer whether the police officer is on or off duty 5. Rape of any person while that person is in police custody 6. Any complaint of torture or assault against a police officer in the execution of his or her duties. 7. May investigate corruption matters within the police initiated by the Executive Director 8. May investigate corruption matters within the police initiated by the Executive Director on his or her own, or after the receipt of a complaint from a member of the public. 9/2/

13 ABUSE OF COMPLAINT MECHANISM Any person who makes a complaint in terms section 17L(11) shall not be entitled to use this section to establish whether there is an investigation against him or her, nor be entitled to any delay, interference or termination of such investigation on the basis that such complaint has been made. 9/2/

14 OFFENCES Refusal by SAPS members to comply with the request of the Office of the Judge is a criminal offence Interference with the performance of the duties and functions of the Office of the Judge is also a criminal offence The penalties on conviction can be a fine or imprisonment of two years or to both such fine or imprisonment 9/2/

15 POSITIONING OF THE OFFICE OF THE JUDGE Section 17 L of the SAPS Act obliges the Civilian Secretariat for Police in consultation with the Office of the Judge to develop and implement a communication strategy in order to promote awareness amongst the public and the members of the HAWKS on the functions and the role of the Office of Judge and undertake national and Provincial Awareness Campaigns Memorandum Of Understanding ( MOU ) may be concluded between the Office of the Judge and the different role players in order to regulate their relationship arising from the respective constitutional and/or statutory mandates. The awareness campaigns were undertaken with: 9/2/

16 POSITIONING OF THE OFFICE OF THE JUDGE Previous and Current Ministers Judge Thumba Pillay - the previous incumbent Secretary of Police The Head of HAWKS National Commissioner of Police IPID NDPP Chapter 9 Institutions namely; South African Human Rights Commission Public Protector The Commission for Gender Equality 9/2/

17 JUDGE S BUDGET The Office of the Judge was allocated R for this current financial year(2014/2015) 9/2/

18 CONTACT DETAILS OF THE OFFICE OF THE JUDGE CAPE TOWN Professional Assistant: Ms Bongiwe Maselana 120 Plein Building, c/o 9 th Floor, Office number 939, Cape Town Tel: Cell: , MaselanaB@dpcijudge.gov.za 9/2/

19 CONTACT DETAILS OF THE OFFICE OF THE JUDGE PRETORIA OFFICE Senior Admin Officer: Ms Ruth Majozi 217 Pretorius street 8 th Floor, Van Erkom building Pretoria, 0001 Tel: Cell: MajoziKR@dpcijudge.gov.za 9/2/