CoCT considering Constitutional Court over enforcement services powers

CoCT is debating the constitutional court’s authority to enforce the law.

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The proposal by the federal government to restrict the City’s enforcement services ‘ authority has received a standing ovation from the city.


Additionally, read: As crime rises, Western Cape police struggle with an outdated radio system.


The Municipal Policing Service, according to the City, has been” under threat” for a number of years, beginning with the South African Police Service’s ( SAPS) proposal to take over the organization in 2016.

According to the most recent proposal from the federal government, the City’s enforcement services will only be able to enforce traffic laws and by-laws, which means they wo n’t contribute to crime prevention.

By strictly enforcing their other two mandates—traffic enforcement and by-law enforcement—Metro Police Services ( MPS) are well positioned at the municipal level to proactively address crimes. MPS will help to foster a culture of lawfulness by making sure that traffic laws and by-laws are followed. The MPS are able to watch by-law violations and less serious crimes, and they can effectively contribute to visible policing.

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The City recently stated that it would have a “dreadful impact on the many communities that rely on Metro Police to increasingly fill the gaps left by an ailing South African Police Service.”

Should the federal government move forward, the City added, it will appeal the decision to the Constitutional Court.

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It “boggles the mind” why the national government would want to fix something that is n’t broken, as opposed to concentrating on the thorough overhaul needed in SAPS and the criminal justice system, according to Mayco member for Safety and Security Alderman JP Smith.

The proposal contradicts what is actually required, and the City reiterates its call for more decentralization of policing duties.

The national government should expand Metro Police and Law Enforcement’s authority, or simply delegating control of SAPS to local and provincial government entirely, rather than attempting to strip local government of its limited policing authority.

With the exception of the 700 firearm-related arrests made by City Law Enforcement and Traffic Services over the previous two years, the City’s officers made 5 662 arrested and seized nearly 35 000 units of drugs, 74 firearms, and more than 1 000 rounds of ammunition during the 2022–2023 fiscal year.

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Due to police inefficiency, more cases were removed from Western Cape court rolls.

JP Smith / Facebook image

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