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

Chapter 6 : Appointment, Remuneration, Functions and Powers of Investigators

22. Appointment of investigators

 

(1) The Executive Director, in consultation with the relevant provincial head, must appoint a fit and proper person as an investigator of the Directorate, subject to subsections (2), (3) and (4).

 

(2) A person appointed as an investigator—
(a) must have at least a grade 12 certificate or a relevant diploma or degree; and
(b) must have—
(i) knowledge and relevant experience of criminal investigation; or
(ii) any other relevant experience.

 

(3) A person may not be appointed as an investigator unless information with respect to that person has been gathered in an appropriate security screening investigation as prescribed by the Minister.

 

(4) The security screening investigation contemplated in subsection (3), must be done in conjunction with the National Intelligence Agency, as referred to in section 3 of the Intelligence Services Act, 2002 (Act No. 65 of 2002).

 

(5) The Executive Director or official so delegated by him or her must issue a security screening certificate in respect of such person wherein it is certified that such person has successfully undergone a security clearance and is appointed as an investigator in terms of this Act.

 

(6) Any investigator may from time to time, or at such regular intervals as the Executive Director may determine, be subjected to a further security screening as contemplated in subsection (3).

 

(7) A person must be discharged from his or her position as an investigator if he or she fails to conform to the security clearance prescripts.

 

(8) An investigator is given policing powers contemplated in section 24(2) by the Minister, within three months after his or her appointment.

 

(9) The Executive Director must issue a document in the prescribed form, which shall serve as proof to certify that an investigator has been duly authorised to exercise the powers and perform the functions as contemplated in section 24.