President Cyril Ramaphosa advised Democratic Alliance (DA) chief John Steenhuisen that the nationwide authorities has no intention to “devolve” police powers to the Western Cape authorities, in a written reply to a parliamentary question.
RAMAPHOSA ON POLICE POWER DEVOLUTION
Steenhuisen requested the President what the Western Cape must do to be able to get extra policing powers. He additionally requested what the federal government’s place is concerning the devolution of policing.
The Western Cape authorities and City of Cape Town municipal authorities have been pushing for this devolution for months and clearly really feel that native powers would run a more practical police service than the nationwide authorities.
“In light of the fact that sections 99 and 206 of the Constitution of the Republic of South Africa, 1996, read together, allow for the devolution of policing powers to provinces, particularly where provinces can show that they can do a better job of keeping citizens safe,” stated Steenhuisen.
In reply, Ramaphosa stated Section 199(1) of the Constitution offers that the safety providers of South Africa include a single nationwide police service.
“Furthermore, in terms of Section 205(1) of the Constitution, the national police service must be structured to function in the national, provincial and, where appropriate, local spheres of government,” he stated.
Cape Town Mayor previously wrote to Minister of Police, Bheki Cele, to ask that he permits the City to ascertain a fully-fledged police service.
“Minister Cele has previously said that he cannot devolve power in the absence of a constitutional amendment. However, Section 99 provides that ‘a Cabinet member may assign any power or function…to a Municipal Council,’” stated Hill-Lewis.
The City has its municipal police providers – Metro Police and Law Enforcement – which have restricted features, together with site visitors providers, implementing municipal bylaws and rules and stopping crime, however do not examine. When one in all these providers makes an arrest they hand the suspects over to the South African Police Service (SAPS).
In August, Cele stated the Western Cape “is making a lot of noise” in regards to the devolution of police powers and he added that the difficulty is past his management. “If anybody wants anything changed, go to the Constitution.”
In his reply, Ramaphosa stated the National Police Commissioner is accountable for controlling and managing the police service “in accordance with national policing policy and directions of the Minister of Police” when it comes to Section 207 of the Constitution, which additional stipulates {that a} provincial police commissioner is accountable for policing of their province.
The president echoed his cupboard minister and stated Cele does not have policing powers and subsequently can’t assign or switch the accountability of the National Commissioner to manage and handle the only nationwide police service to a member of the provincial Executive Council or to a Municipal Council.
“Such transfer will be inconsistent with the provisions as contained in Chapter 11 of the Constitution, and accordingly, invalid.
“The proposed change in the existing legal position will require amendment to the relevant provisions as contained in Chapter 11 of the Constitution.
“Government does not have a policy on devolving policing powers to provinces as SAPS is a national competency,” stated Ramaphosa.
To go a invoice to amend the Constitution, at the least two-thirds of the members within the National Assembly must vote in favour of it, in line with Section 74 of the Constitution.