Cape Town mayor Geordin Hill-Lewis has noted Acting Police Minister Firoz Cachalia’s comments that he has an “open mind” about investigative powers for Metro Police. The Acting Minister was addressing the Police Portfolio Committee, which this week is reviewing the Police Act Amendment Bill.

Intergovernmental dispute

The mayor announced earlier this week that he has lodged an intergovernmental dispute as the next crucial step in the fight for expanded powers for Metro Police.

Hill-Lewis says Cachalia continues to state he has an open mind about investigative powers for Metro Police.

“We now await dates from his office to commence mandatory mediation under the formal intergovernmental dispute I declared this week. The Minister states that it is necessary to ‘build a cross-party consensus’ on the matter. It is not clear what he means. He is the Minister. All that is needed is for him to show leadership and amend the Police Act Amendment Bill he has tabled in Parliament. It is unclear what further consensus-building is needed, and this sounds like an effort to delay doing the right thing,” says Hill-Lewis.

According to Hill-Lewis, the upcoming dispute mediation is an opportunity to put the residents of Cape Town first and find a good-faith solution that avoids the courts. “We must make full use of all policing resources in Cape Town as the police are under severe pressure and really do need our Metro Police’s help to gain more convictions for gang, gun and drug crime. We refuse to accept that communities must live in daily fear of violent crime. The time has come to ‘catch and convict’, which our Metro Police stand ready to do in support of the police and the National Prosecuting Authority,” says Hill-Lewis.

Legal advice

In response to Cachalia’s remark that he received legal advice that certain proposals made by the City may conflict with Section 205 of the Constitution, Hill-Lewis says the police’s interpretation of Section 205 has never been communicated to the City across numerous engagements and correspondence. “The only legal advice referred to by Cachalia previously is that the Police Act requires amendment before regulations can be issued to expand Metro Police investigative powers.

“To ensure our upcoming mediation is meaningful, we would welcome the Acting Minister sharing the legal advice he has on the extent to which the Police Act currently complies with the municipal policing powers anticipated in the Constitution. Section 205 of the Constitution says that the Police Act must establish a framework for policing powers and functions to be discharged by a police service in the local government sphere ‘where this is appropriate’. We have demonstrated, over and over, that it is indeed appropriate here in Cape Town – that our Metro Police are prepared, resourced and ready to take on investigations for specific crimes,” says Hill-Lewis.

Mayco member for Safety and Security JP Smith says expanding policing powers to non-police agencies has been done before and is not a new request. “Previously, Municipal Peace Officers were granted additional crime prevention powers in 2018 that led to the establishment of LEAP, which has without a doubt proved that local government can make a significant impact when given the opportunity. Recently, LEAP made a significant arrest, confiscating four semi-automatic rifles in Nyanga, again reminding all of the crucial role they play within our most vulnerable communities.

“The City is in a position to help the police; in fact, we are already doing so through our SSIU investigations unit and SSIMS information management department. Our communities are bleeding and if we can stop the flow of illegal firearms, we can significantly decrease violent crime – the ‘catch and release’ status quo must end,” says Smith.

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