Mthethwa to challenge Western Cape Community bill in court

Imogen Vollenhoven
3 April 2013

Police Minister Nathi Mthethwa said, he will mot allow the police to be turned into a provincial institution.

Mthethwa was referring to the Community Safety Bill that was passed last week in the Western Cape.

Mthethwa said, he will challenge the bill in court.

Ministry Spokesperson Zweli Mnisi explains that their  position on the bill remains unchanged, they still reiterate that it is unconstitutional and during the public commentary hearings, they were able to adequately advance their reasons.

Mnisi adds that the fundamental point here is that the police are governed by the supreme law of the land, the constitution, which makes a clear distinction on national versus provincial legislative powers, functions and oversight frameworks.

“We are therefore opposed to any supposed approach that seeks to make the SAPS a provincial institution where accountability is determined by different structures,” said Mnisi.

Meanwhile the Western Cape Community Safety MEC Dan Plato says the approval of the provincial Community Safety Bill which will give provincial government more control over police does not suggest that they want to take over the function of the South African Police Service.

A total of 23 out of 36 provincial legislature members voted in favour of the bill last week.

Democratic Alliance Shadow Minister of Police Dianne Kohler Barnard says other provinces should implement the bill as well.

Kohler Barnard said that as the Democratic Alliance they challenge all ANC run provinces to follow the Western Cape’s lead and ensure that they exercise their constitutionally mandated oversight role over the South African police service.

Kohler Barnard added that the Western Cape Community safety bill will allow the provincial government to oversee the effectiveness of the police service and with this in mind create a formal oversight relationship between the department of community of safety and the SAPS.

She furthermore explains that it is in order to address systemic problems and policing challenges and that the bill gives effect to the constitutional oversight responsibility of the province to improve and better the service by police.