Are Gauteng metro police forces operating illegally?

Michele Clarke MPL

DA Spokesperson on Community Safety

According to responses received by the DA to written questions, none of Gauteng’s three metros have submitted annual policing plans for the current year.

Legislation requires that an annual police plan must be developed by the executive head of the municipal police service after consultation with the SAPS and relevant community police forums.

The plan must then be submitted to the Provincial Commissioner and the MEC responsible for transport and traffic matters 60 days before the end of the financial year.  Within 30 days after receipt of the plan the provincial commissioner must, if satisfied that the implementation will improve effective policing, submit a certificate confirming that.

If the commissioner is not satisfied that the implementation will improve effective policing, a certificate with reasons must also be submitted.

According to the reply, Johannesburg, Tshwane and Ekurhuleni have not submitted annual plans and are therefore in contravention of complying with Regulations for Municipal Police Services.

This essentially means that these metro police forces are operating illegally.

Gauteng MEC for Safety and Security, Sizakele Nkosi-Malobane, indicated that her department would “take corrective steps to deal with the municipalities”.

In addition, it appears that civilian oversight committees have also not been properly constituted under the correct legislation.

I will be following up with the MEC immediately to establish whether adequate steps have been taken and what the outcome of this action has been.

It is impossible to actively combat and prevent crime without a formal plan. In a province with some of the highest rates of violent crime in the country, this is completely unacceptable.