Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011)

Chapter 10 : Regulations, Transitional Arrangements, Repeal and Short Title and Commencement

34. Regulations

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(1)The Minister may, after consultation with the Executive Director, make regulations regarding—
(a)access and control of confidential information and records pertaining to investigations instituted in terms of this Act;
(b)the procedure to be followed when investigating matters referred to in section 28(1)(a) to (h);
(c)the procedure to be followed when reporting on cases dealt with under this Act;
(d)the procedure to be followed for referring, receiving, registering, processing and disposing of complaints;
(e)the procedure to be followed when investigating criminal matters;
(f)the procedure to be followed for initiating special investigations;
(g)the measures for integrity testing of members of the Directorate as contemplated in section 26(1);
(h)the measures to ensure the confidentiality of information obtained as contemplated in section 26(3);
(i)any issues to be contained in the annual report contemplated in section 32;
(j)the procedure and format to be followed regarding reporting to the Directorate as contemplated in section 29(1);
(k)the procedure to he followed for the arrangement and the holding of identification parades, as contemplated in section 29(2)(a);
(l)the procedure to he followed for the taking of an affidavit or an affirmed declaration or to give evidence or produce any document in that member's possession or under his or her control which has a bearing on the matter being investigated, as contemplated in section 29(2)(b);
(m)the procedure to be followed for the submission of any other information or documentation required for investigation purposes, as contemplated in section 29(2)(c);
(n)the procedure to be followed in respect of disciplinary recommendations as contemplated in section 30;
(o)the manner and procedure to secure a crime scene to be investigated by the Directorate;
(oA) the procedure to be followed in respect of the report contemplated in section 30(c) and (d), as well as the format and time-frames of the said report;
(oB) the code of conduct for the employees of the Directorate;
(oC) the human resource policies of the Directorate;
(oD) the procedure to be followed for an appropriate pre-employment security screening investigation contemplated in sections 8 and 22;
(oE) the criteria to be followed in appointing investigators;
(oF) any matter that must or may be prescribed in terms of this Act; and

[Section 34(1)(oA) - (oF) inserted by section 21(b) of the Independent Police Investigative Directorate Amendment Act, 15 of 2024, Notice No. 5081, GG50990 dated 30 July 2024 - effective 29 August 2025 per Commencement Proclamation 283 of GG53243 dated 29 August 2025]

(p)in general, any ancillary or incidental matter that it is necessary to prescribe for the proper implementation or administration of this Act.

 

(2)The regulations referred to in subsection (1)(a) to (o) must he submitted to Parliament for scrutiny at least one month before promulgation—
(a)while it is in session; or
(b)after the next session starts.

 

(3)Regulations with regard to the implementation of this Act must be submitted to the Minister by the Executive Director within three months of the commencement of this Act.