Cape Town Mayor Geordin Hill-Lewis announced earlier today that he has lodged an intergovernmental dispute “as the next crucial step in the fight for expanded powers for Metro Police”.
The mayor made the announcement at the City’s Bishop Lavis LEAP base together with JP Smith, Mayco Member for Safety and Security.
Formal dispute
The formal dispute – under the Intergovernmental Relations Framework Act – follows extensive attempts by the City to engage the Acting Police Minister and his predecessors. The dispute will now trigger mandatory and prompt mediation with the Acting Minister to try to resolve the issues collaboratively and in good faith without the need for litigation.
“We refuse to accept that communities must live in daily fear of gang, gun, and drug 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. The City believes we must make full use of all policing resources in Cape Town. The police really do need our help as they are under severe pressure to combat violent crime with limited policing resources,” says Hill-Lewis.
According to Hill-Lewis, when a metro police officer confiscates an illegal gun, the City should be empowered to build a successful docket for prosecutors to gain a conviction. “Right now, City officers hand the gun over to the police and, due to a broken criminal justice system, just 5% of these cases end up in a conviction, forcing our officers to repeatedly police the same offenders. The City has appropriately trained officers and technology that will strengthen crime investigations, but successive Police Ministers have shown no urgency to expand these powers for Metro Police. And so we have now taken a decision to formally declare an intergovernmental dispute with the Acting Minister of Police, Firoz Cachalia.
Investigating powers
“Crime investigation powers for Metro Police can most easily and urgently be achieved via the Police Amendment Bill that Cachalia has introduced to Parliament. If all parties can agree on the necessary amendments via formal dispute mediation, we can find a good-faith solution that avoids the courts and puts the residents of Cape Town first,” says Mayor Hill-Lewis.
The mayor stressed that the City does not seek to replace or compete with the police, but rather to work with police and prosecutors to build winnable dockets and get more convictions for specific crimes – especially gang, gun, and drug crime.
“The Constitution makes provision for the prospect of crime investigation taking place in the local government policing sphere, but the Police Act – which must give effect to this – does not do so in its current form. 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.
“Crime investigation powers can be expanded to Metro Police within months if we can achieve the necessary Police Act amendments via formal dispute mediation and the current parliamentary process. If not, the City will seek a court order declaring Section 64E of the Police Act unconstitutional,” he says.
The Police Act will on 5 August serve before a sitting of the Police Portfolio Committee.
Done before
Smith said 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 while 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 as we are already doing through our SSIU and SSIMS departments, along with our enforcement agencies. This is about helping the police – not replacing them, but we cannot accept the current norm. 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.
“Along with increasing our investigative and information systems, we are also investing in technology that will enable a modern police force to flourish. A lack of technological investment in the police is a key contributor to the challenges they face. I want to commend the Safety and Security Portfolio for initiating this process with their motion, and the Mayor for following through,” says Smith.
The City has already made a major safety technology investment for smarter policing, including drones, dashcams, and bodycams, CCTV, automated number-plate recognition, and the digital system to coordinate it all, known as EPIC.
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