Special Investigating Units and Special Tribunals Act, 1996
R 385
Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011)Regulations for the operation of the Independent Police Investigative Directorate5. Investigation of criminal matters |
| (1) | An investigation of a matter contemplated in sub-regulation (2) must be done in accordance with this regulation. |
| (2) | The Executive Director or the relevant provincial head, as the case may be, must designate an investigator to investigate a complaint that— |
| (a) | a person has been raped while that person was in police custody; |
| (b) | a member of the South African Police Service or the Municipal Police Services has raped a person, irrespective of whether such member had been on official duty at the time of the alleged rape or not; |
| (c) | a member of the South African Police Service or the Municipal Police Services has in the execution of his or her duties tortured or assaulted a person; or |
| (d) | a member of the South African Police Service or the Municipal Police Services is involved in corruption. |
| (3) | An investigator designated in terms of sub-regulation (2) must, as soon as is practicable, but within 24 hours of designation— |
| (a) | if a police docket has been opened, take over the docket and conduct all outstanding investigations, and if such docket has not been opened, ensure that it is opened for purposes of the investigation; |
| (b) | interview and record the details of the victim of the offence concerned, including his or her name and surname, age and gender, if this had not yet been done; |
| (c) | identify and record particulars of all potential witnesses for purposes of interviewing them, and in the case of an offence contemplated in paragraph (a) of sub-regulation (2), record the particulars of the persons who had been on duty in the facility at the time when the offence had been committed, if this had not yet been done; |
| (d) | collect, or ensure the collection, by forensic experts, of exhibits for processing by the Forensic Science Laboratory or other appropriate institution and ensure the proper registration, handling, transportation and disposal of exhibits, if this had not yet been done; |
| (e) | in the case of an office contemplated in paragraph (a) or (b) of subregulation 2, ensure, if this had not yet been done, that— |
| (i) | the victim is examined by a medical practitioner without delay; |
| (ii) | a sexual assault crime kit is obtained, properly sealed and submitted to the Forensic Science Laboratory; and |
| (iii) | the provisions of sections 28(3), 31(5), 32(1) and (5), 33(1), 34, 36 and 37 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), and any South African Police Service National Instructions relating to the crime of rape are complied with; |
| (f) | in the case of an offence contemplated in sub-regulation (2)(d) or any offence under the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), involving an amount of R100 000 or more, ensure that a report contemplated in section 34(1) of that Act has been taken down in the manner contemplated in section 34(3)(a) of the said Act; |
| (g) | in the case of an offence contemplated in paragraph (c) of subregulation (2), if this had not yet been done— |
| (i) | attend and secure the scene where the alleged torture occurred in terms of regulation 8; and |
| (ii) | ensure that the victim is taken to a medical practitioner for examination, including the taking of bodily specimens relating to torture; |
| (h) | visit all identified witnesses for purposes of obtaining statements that may assist in the investigation; and |
| (i) | after collecting all evidence, statements and technical or expert reports, if applicable, submit a report on the investigation of the offence to the Executive Director or the relevant provincial head, as the case may be, containing recommendations regarding further action, which may include disciplinary measures to be taken against a member of the South African Police Service or the Municipal Police Service or criminal prosecution of such member. |
| (4) | An investigation contemplated in this regulation must be finalised within a reasonable period, which period may not exceed 90 days after designation, failing which the investigator must include reasons for failure to comply with this period in the report contemplated in paragraph (i) of sub-regulation (3). |
| (5) | An investigator designated to investigate an offence in terms of this regulation must inform the complainant, and if the complainant is not the victim of the offence, the victim, in writing of the progress made with the investigation at least once per calendar month. |
| (6) | Regulation 4(4) and (5) applies with such changes as may be required by the context to the arrest of a person in terms of this regulation. |
