Cape Town mayor Geordin Hill-Lewis says Acting Police Minister Firoz Cachalia has yet to fulfil his constitutional obligation to engage with the City on powers for Metro Police to investigate gang, gun and drug crime, despite recently stating he has an “open mind” on the matter.

Hill-Lewis lodged an intergovernmental dispute on 29 July, legally obliging the Acting Minister and the City to “promptly” convene a meeting to chart a mediation process under Section 42 of the Intergovernmental Framework Relations Act.

“It has been a month of silence despite Minister Cachalia’s constitutional obligations to engage us promptly on our intergovernmental dispute,” Hill-Lewis said. “Investigative powers for Metro Police are urgent for the sake of communities living in daily fear of gang, gun and drug crime.”

He said the South African Police Service (SAPS) was under severe pressure and needed the help of Metro Police to gain more convictions. “I have now written again to propose new dates for an initial online meeting and we await the Minister’s urgent response,” said Hill-Lewis.

The City is asking Cachalia to amend his SAPS Act Amendment Bill, currently before parliament, to expand metro policing powers.

“Our goal is to gain the Minister’s agreement to amend his Bill currently before parliament. This is a simple practical way to expand metro policing powers. The time has come to ‘catch and convict’, which our officers stand ready to do in support of SAPS and the National Prosecuting Authority (NPA),” Hill-Lewis said.

‘Open mind’

Cachalia told the Police Portfolio Committee he had an “open mind” on investigative powers for Metro Police but that “cross party consensus” was required.

“The Minister stated 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 SAPS Act Amendment Bill he has tabled in parliament,” Hill-Lewis said.

The mayor noted Section 205 of the Constitution says the SAPS 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,” he said.

Officers ready to help

Mayco member for safety and security, JP Smith, said expanding policing powers to non-SAPS agencies had been done before and was not a new request.

“Previously, Municipal Peace officers were granted additional crime prevention powers in 2018 that led to the establishment of LEAP (Law Enforcement Advancement Plan that provides for additional law enforcement officers deployed to high-crime areas), which has without a doubt proved that local government can make a significant impact when given the opportunity,” he said.

Smith said LEAP recently made a significant arrest while confiscating four semi-automatic rifles in Nyanga, again reminding all of the role they play in vulnerable communities. He said the City was already helping police through its Safety and Security Investigation Unit (SSIU) and information management department (SSIMS).

“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,” Smith said.

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