Protection of Businesses Act, 1978
R 385
Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011)Regulations for the operation of the Independent Police Investigative Directorate4. Investigation of deaths in police custody or as a result of police action |
| (1) | The investigation of the death of a person in police custody or the death of a person as a result of police action or omission or both 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 the death of a person— |
| (a) | in police custody, irrespective of whether or not such death has occurred as a result of the alleged involvement of a member of the South African Police Service or the Municipal Police Services; or |
| (b) | who has died as a result of any action or omission or both on the part of a member of the South African Police Service or the Municipal Police Services. |
| (3) | An investigator designated in terms of sub-regulation (2) must, as soon as is practicable, but within 24 hours of designation— |
| (a) | attend the scene where the death occurred, ensure that the scene is secured in terms of regulation 8, oversee the scene and conduct a preliminary investigation; |
| (b) | record the details of the deceased, including his or her name and surname, age and gender; |
| (c) | identify and record particulars of all potential witnesses for purposes of interviewing them, and in the case of a death in police custody, record the particulars of the persons who had been on duty in the facility at the time when the death occurred; |
| (d) | authorise the removal of the corpse, in consultation with a pathologist if a pathologist is available; |
| (e) | collect, or ensure the collection, by forensic experts, of exhibits for processing by the Forensic Science Laboratory and ensure the proper registration, handling, transportation and disposal of exhibits; |
| (f) | visit the deceased’s next-of-kin to inform them of the death and to obtain statements that may assist in the investigation; |
| (g) | visit all identified witnesses for purposes of obtaining statements that may assist in the investigation; |
| (h) | attend the post mortem and advise the person conducting the post mortem of observations made at the scene of death as well as areas that should be concentrated on; and |
| (i) | after collecting all evidence, statements and technical or expert reports, if applicable, submit a report on the investigation of the death 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 Services or criminal prosecution of such member, to the Executive Director or the relevant provincial head, as the case may be. |
| (4) | In the event of a death in police custody that has occurred as a result of the alleged involvement of a member or members of the South African Police Service or the Municipal Police Services, as the case may be, or a death which is the result of the action or omission or both of such member or members, the investigator, when visiting the scene of death, must, in consultation with the Executive Director or the relevant provincial head, as the case may be, make a determination as to whether such member or members must be arrested. |
| (5) | When effecting an arrest, the investigator must have due regard to the constitutional rights of the person who is arrested and the provisions of sections 39 to 53 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) relating to the arrest of persons. |
| (6) | An investigation into the death of a person in police custody and the investigation of the death of a person who has died as a result of police action or omission or both must be finalised within a reasonable period, which period may not exceed 90 days after designation, failing which the investigator must give reasons for failure to comply with this period in the report contemplated in sub-regulation (3)(i). |
| (7) | An investigator designated to investigate a death in terms of this regulation must inform the complainant, and the next-of-kin, if the complainant is not a member of the deceased's next-of-kin, in writing of the progress made with the investigation at least once per calendar month. |
| (8) | In the event of a late notification of a death in police custody or as a result of police action or omission or both, the investigator must, within a reasonable period, which period may not exceed 30 days of designation— |
| (a) | conduct a preliminary investigation or proceed with a full investigation; |
| (b) | attend the post mortem if it has not yet been conducted; |
| (c) | interview witnesses and obtain statements that may assist in the investigation; |
| (d) | consider the desirability of reconstructing the scene of death; and |
| (e) | submit a report on the investigation containing recommendations to the Executive Director or relevant provincial head. |
| (9) | For purposes of sub-regulation (8), the investigator must— |
| (a) | peruse the police docket; |
| (b) | take the police docket over for further investigation; |
| (c) | finalise and submit the police docket to the relevant Director of Public Prosecutions together with recommendations relating to further actions by the National Prosecuting Authority; and |
| (d) | submit a report on the investigation containing recommendations to the Executive Director or relevant provincial head. |
