Dear editor,

The shocking ruling of the Court of Appeal recently that section 20 of the Independent Commission of Investigations (INDECOM) Act does not empower it to arrest, charge or prosecute any person, is a major blow to the organisation, and has caused us to question what really was the intention of our legislators when they created the oversight body.

In its ruling, the appeal court declared that INDECOM is only statutorily empowered to investigate the actions of members of the security forces and make recommendations to the relevant authorities.

What is interesting, however, is the court’s declaration that INDECOM investigators could, under common law, arrest, charge and prosecute those members.

It is highly impractical and dangerous to have investigators of a statutory body institute criminal proceedings against security personnel in their capacity as private citizens.

So, with no statutory powers to initiate prosecutions, is INDECOM now just another toothless watchdog?

There is a section of the society that is clamouring for the oversight body to be disbanded or to have its powers watered down. The asinine claim is that it has demoralised the police and is preventing them from executing their duties.

It is the rhetoric of this same section of the society that the police are fearful to act when they are tasked because they may become the subject of an investigation and/or criminal prosecution.

We should reject this as a valid reason for calling for the disbandment of INDECOM, or for the police to not execute their tasks with integrity, honesty and determination.

If the police do not operate illegally, then there is no need to fear INDECOM. We could easily deduce that it is those rogue officers who know their evil deeds who are making the most noise about fear.

With our record of police abuse and excesses, INDECOM is necessary to keep rogue officers in check and to safeguard our rights.

Funnily enough, it is these same people who are calling for the disbandment of INDECOM who would run to the organisation when abuse and excesses reach close to home.

Do we want to go back to the days when the police investigate themselves and do as they please?

Our legislators must move expeditiously to correct this egregious omission and empower INDECOM as a statutory body to arrest, charge and prosecute security personnel when they act unlawfully.

Dujon Russell