Issued by: SA Communication Service
7 AUGUST 1996
I am delighted to announce the appointment of Advocate Neville Melville as Executive Director of the Independent Complaints Directorate. Advocate Melville's appointment was approved by Cabinet today following his nomination by Minister Sydney Mufamadi in terms of the South African Police Service Act.
Advocate Melville will be responsible for the overall perfor- mance and management of the Independent Complaints Directorate, which is certain to become a vital component in the machinery of civilian oversight of the police in South Africa.
The post of Executive Director, which is on the level of Deputy Director-General, was advertised in the media. the process of screening, pre-selection and interviews involved the Portfolio Committee for Safety and Security, representatives of civil society, academics and the Secretariat, which is the civilian arm of the Department of Safety and Security. On June 19, the Parliamentary Committee confirmed Advocate melville's appointment as required by law.
The Interim Constitution determines that an independent com- plaints mechanism shall be created to investigate allegations of misconduct by members of the Police Service. The Police Service Act sets out guidelines for the creation of the Independent Complaints Directorate and its operation at both national and provincial levels.
The Directorate will have two broad responsibilities:
1. First, the Directorate will receive and may investigate allega- tions of misconduct or an offence allegedly committed by any member, and where appropriate such an investigation may be referred to the Police Commissioner concerned. If the Direct- rate, however, receives a complaint involving a death in police custody, there is a legal obligation to investigate such an allegation.
2. Second, the Directorate may request information from the Police Service and the Attorney - General in order to evaluate the efficiency and monitor progress of any investigation. The Directorate may then make recommendations to the Minister, the National Commissioner or the relevant Member of an Executive Council.
Since January 1994, Advocate Melville has served as Police Reporting Officer in KwaZulu/Natal, and he played an important role in exposing "hit squads" and encouraging members of the public to co-operate in investigations that have helped to restore peace in the province. His very relevant experience and his easy interaction with people make Advocate Melville a competent and appropriate choice for this post. In addition, Advocate Melville has an excellent working knowledge of policing matters.
The Secretariat and the Independent Complaints Directorate both have a role in exercising civilian control and oversight of the Police Service. In a sentence, the Secretariat's role is to assist the minister to oversee broad policy and performance issues; the ICD's role is to consider individual cases involving allegations of misconduct. It is vital, therefore, that the Independent Complaints Directorate works closely with the Secretariat for Safety and Security to help eradicate unacceptable police practices. I am looking forward to a close working relationship with Advocate Melville and his personnel.
The creation of the ICD in no way detracts from the Police Service's own continuing responsibility for investigating and moni- toring its own members' performance and conduct. National Commis- sioner Fivaz has emphasised his absolute determination to wipe out corruption and improper conduct within the Service, and the govern- ment applauds his hard work in this regard. As in many other demo- cracies, it is considered appropriate also to create a civilian channel for complaints, operating separately from the police service, to provide an additional avenue for receiving and investi- gating complaints against police service members.
The appointment of Adv Melville today is therefore an important step towards a more accountable and transparent Police Service. It will fulfil a vital need in ensuring the public that complaints against members of the Police Service are properly investigated. I am confident that his appointment will contribute to more effective policing in South Africa and ultimately, to improved levels of Safety and Security in the country.
Advocate Melville will take office soon and will immediately begin putting into place systems and mechanisms that will enable the Directorate to perform its functions in a professional and efficient manner. This process will take several months; the target for the ICD to begin acting on complaints is April 1997.
For queries contact Cecile von Fintel, (012) 3391586