Reflection on police independent commission

Last week, Inspector General (IG) of Police Loti Dzonzi announced during a consultative meeting that the Malawi Police Service (MPS) will set up an independent complaints commission (IPCC). The IPCC has been formed in the wake of numerous complaints of police brutality. The IPCC is long overdue and may offer relief in holding police accountable for their unacceptable actions.
Part 8 of the Police Act makes provision for the establishment of the ICC. The functions of the ICC include:
lto receive and investigate complaints by the public against police officers and the
Police Service;
lto investigate death or injury as a result of police action; and
lto investigate all deaths and injuries which occur in police custody.
According to the Act, the Commission shall have powerupon receipt of a complaint—
l to investigate any misconduct or offence allegedly committed by a police officer;
l to investigate any death or injury in police custody or as a result of police action;
lto investigate any matter referred to it by the Minister;
lon its own initiative, to investigate any complaints against a police officer or
against the Police Service;
lto obtain information from the Inspector General, any police officer or any other person or authority as may be necessary for conducting an investigation under this
lto obtain the cooperation of any person as may be necessary for the performance of its functions;
lto commence an investigation on any matter as specified in this subsection,
lnotwithstanding that an investigation regarding the same matter has been submitted to any other authority for any purpose.
The act also says that the Commission shall make recommendations to the Minister, the Police Service Commission, the Inspector General or any other appropriate authority on any findings pursuant to an investigation it has conducted and make recommendations to the Minister which it deems necessary regarding any matter investigated by it or relating to the performance of its functions.
It is also important to note that nominations for appointment to the office of the independent complaints commissioner shall be received from the public following a public advertisement and the successful candidate, who shall be qualified as a legal practitioner, shall be appointed by the Public Appointments Committee (PAC) of the National Assembly.
What is critical is that the ICC should truly be independent of any organ. However, the major flaw with the ICC is in its ability to prosecute the police.
The problem with recommendations is that they are not legally binding. The minister or the police are not legally bound to follow the recommendations of the ICC. They are bound to ignore recommendations of the ICC, and so a culture of impunity in the police will be perpetuated.
While the major thrust of the ICC is on the members of the public lodging complaints against errant police officers, the establishment of the body will enhance the work of the police and make them more professional. Police officers will be mindful of what they do, knowing fully well that they will be held accountable for their actions. This includes negligence of duty. For example, police officers have failed have to arrest perpetrators of violence even when such incidents have happened in their presence. They also fail to arrest state-sponsored perpetrators of violence or those with political connections.
This will also reduce undue influence of the executive on the police.
The Police should speed up the formation of this body so that it is functional. Cases of human rights such as those happened at the Malawi Human Rights Commission (MHRC) where an employee was beaten up in the presence of her colleagues and dragged to police vehicle should be a thing of the past. n