as for example, its delegation of investigations to the police itself in regard to certain categories of complaints. This question will be adverted to later. The contents of the gazetted Rules of Procedure are wide ranging at first glance. Complaints may be lodged against police officers to the Public Complaints Investigation Division (PCID), which is a special Division established under the ambit of the NPC. Such complaints may be made by not only an aggrieved person, but also a social organisation, public organisation or non-governmental organisation or by an attorney-at-law on behalf of an aggrieved person.499 The basis on which complaints may be submitted against police officers, as set out in Schedule One of the Rules of Procedure is extensive and there are different processes of inquiry in respect of the categories of complaints. Segment A. of Schedule One details for example, acts in violation of human rights, allegations of torture and CIDTP, death of a person in police care or custody, fabrication of cases and making false reports and statements to court, any allegation which attract public interest and where wide publicity is given through the mass media demanding independent investigations into such allegations, interference and intimidation of witnesses, gross abuse of power, illegal arrest and detention and refusal to record complaints. These alleged offences are investigated by a team of investigating officers with the assistance of police officers attached to the PCID.500 Findings are thereafter forwarded to the NPC. The offences listed in Segment B of the Schedule relate to complaints that are referred for inquiry by the NPC to the IGP, who is deemed to “cause an impartial inquiry by independent officer/s” by virtue of Section 15 of the Rules of Procedure. These complaints relate inter alia to assault/intimidation/abuse/threat, refusal/postponement to record a statement required to be made to the police, making deliberate distortions in statements recorded and miscarriage of justice resulting from misconduct by a police officer. In this case as well, the findings of the IGP are forwarded to the NPC. Offences listed in Segment C of Schedule One include undue delay in making available certified copies of statements made to the police, discouraging complainants and witnesses from making statements, use of abusive words, threats or intimidation to complainants and witnesses and inaction and partiality by the police in taking action on complaints made. These allegations are specified to be, in terms of Section 16 of the Rules of Procedure, referred to a DIG or SSP of a Division in the provinces for “impartial investigation” by one or more “independent officers.” At the conclusion of all investigations, if it is recommended that disciplinary action or prosecution against a police officer shall be instituted, Section 17 of the Rules of Procedure stipulates that the IGP or the relevant senior officer may initiate such action. Rule 18 stipulates that the charge sheet or other relevant documents should be furnished to the Director, PCID. Importantly, Section 19 states that the Commission, after receipt of the final order following the disciplinary inquiry or case, is authorised to “grant whatever redress possible, according to the law, to the complainant.” Further, Section 20 grants suo moto powers to the Director, Deputy Director and Provincial Directors of the PCID to initiate investigations against police officers or the police service on their own through disclosure received from any source, including the print or electronic media. There are time limits specified for the investigation of the complaints. Investigations in terms of complaints under Segment A. must be completed within thirty days and under Segments B. and C, 499 500
Sections 2 and 3 of the Rules of Procedures. Section 14 of the Rules of Procedures.
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