The debate over expanding Cape Town Metro Police’s investigative powers has gathered further momentum, with Mayor Geordin Hill-Lewis welcoming Acting Police Minister Firoz Cachalia’s indication that he has an ‘open mind’ on the proposal.
The Mayor’s response follows Cachalia’s appearance before Parliament’s Police Portfolio Committee this week, where the committee continued its review of the proposed SAPS Amendment Bill.
According to the City of Cape Town, Hill-Lewis said the City is now waiting for dates from the Acting Minister’s office to begin the formal mediation process required under the intergovernmental dispute he declared earlier this week.
‘Minister Cachalia continues to state he has an open mind to investigative powers for Metro Police, and we now await dates from his office to commence mandatory mediation under the formal intergovernmental dispute I declared this week.’
While welcoming the Minister’s comments, Hill-Lewis questioned remarks suggesting that broader political consensus was still needed before any legislative changes could be made.
‘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. It is unclear what further consensus building is needed, and this sounds like an effort to delay doing the right thing.’
The Mayor said the upcoming mediation presents an opportunity to resolve the matter without resorting to court proceedings, arguing that Cape Town residents should remain the central focus of discussions.
Reiterating the City’s long-standing position, Hill-Lewis said Metro Police officers are equipped to assist the South African Police Service (SAPS) and the National Prosecuting Authority by investigating specific offences linked to gang, gun and drug crime.
‘We must make full use of all policing resources in Cape Town as SAPS are under severe pressure and really do need our Metro Police’s help to gain more convictions for gang, gun and drug crime.’
He added: ‘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 SAPS and the NPA.’
The Mayor also responded to Cachalia’s comments that legal advice suggested some of the City’s proposals could conflict with Section 205 of the Constitution.
Hill-Lewis said that, throughout previous engagements, the City had not been presented with such an interpretation and instead had consistently been advised that amendments to the SAPS Act would be required before regulations could expand Metro Police investigative functions.
He called on the Acting Minister to share the legal opinion ahead of mediation to ensure discussions are productive.
Pointing to Section 205 of the Constitution, Hill-Lewis argued that it explicitly allows for policing functions to be exercised by local government ‘where this is appropriate,’ adding that Cape Town has repeatedly demonstrated it has the resources, training and operational readiness to take on investigations into specific categories of crime.
The City’s Mayoral Committee Member for Safety and Security, Alderman JP Smith, said expanding investigative powers would build on existing examples where local government has successfully taken on greater policing responsibilities.
Smith pointed to the expansion of municipal peace officer powers in 2018, which paved the way for the LEAP programme, saying it had shown the impact local government can make when given additional authority.
He also highlighted a recent LEAP operation in Nyanga that resulted in the seizure of four semi-automatic rifles, saying it demonstrated the important role City law enforcement already plays in supporting SAPS.
‘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.
The Western Cape Minister of Police Oversight and Community Safety, Anroux Marais, has publicly endorsed the City of Cape Town’s call for expanded investigative powers for the Metro Police, Cape {town} Etc reports.
This announcement comes as violent crime – including gang-related activities continues to wreak havoc across communities, prompting urgent action from local authorities.
The topic gained momentum after Cape Town Mayor Geordin Hill-Lewis revealed that an intergovernmental dispute has been initiated as a stepping stone towards enhancing Metro Police’s operational capacity.
This formal dispute, lodged under the Intergovernmental Relations Framework Act, seeks to catalyse a constructive dialogue between the City and the Acting Minister of Police, Firoz Cachalia, to expedite much-needed changes without resorting to legal battles.
‘We refuse to accept that communities must live in daily fear of gang, gun, and drug crime,’ declared Hill-Lewis.
He emphasised that the city’s police force stands ready to support existing law enforcement agencies, urging for a strategy that allows for ‘catch and convict’ practices.
One of the significant roadblocks in the current system is the alarming conviction rate. As pointed out by Hill-Lewis, a mere 5% of cases involving the confiscation of illegal firearms result in convictions.
This significantly hampers Metro Police efforts, as officers find themselves repeatedly encountering the same offenders without adequate tools to secure long-term solutions. ‘The time has come for us to make full use of all policing resources in Cape Town,’ he asserted.
Marais echoed these sentiments, stressing the dire state of law enforcement in the city, where communities are plagued by organised crime and high murder rates.
While he commended the efforts of the South African Police Service (SAPS) in removing illegal firearms, he pointed to a pressing need for a more effective prosecution system that delivers justice for victims and their families.
‘We owe it to our residents not only to arrest dangerous criminals but to secure successful prosecutions that keep them behind bars,’ Marais stated.
Communities continue to play a critical role, actively providing information that aids law enforcement in recovering illegal firearms and detaining suspects. Marais underscored the importance of these community efforts, stating that residents deserved to see their tormentors brought to justice.
Marais further acknowledged the exceptional efforts of SAPS detectives, who continue to work under strenuous conditions and face overwhelming caseloads.
He noted that enhancing the capacity of the Cape Town Metro Police, equipped with the necessary training and technology, can profoundly impact crime investigations. ‘There is simply too much work to be done for law enforcement agencies to become territorial over mandates when communities are paying the price,’ he added.
The Police Amendment Bill, recently introduced in Parliament, is seen as a viable avenue to rapidly expanding investigative powers for Metro Police. The hope is that mediation will yield a collaborative approach to amend the bill in a manner that prioritises the safety and well-being of Cape Town’s residents.
Marais concluded with a clarion call for action, urging Cachalia to promptly consider the City’s request to enhance Metro Police’s functions. ‘This is not about replacing the SAPS. It is about strengthening our collective ability to investigate,’ he affirmed.
‘Every additional conviction means one less violent criminal on our streets, fostering an environment where communities can regain hope and confidence in the justice system.’
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‘We refuse to accept this’: Hill-Lewis escalates fight over Metro Police powers
Picture: ER Lombard / Gallo Images
