64 ESTABLISHMENT OF A MUNICIPAL OR METROPOLITAN POLICE SERVICE

Subject to the Constitution, this Act and any other law, a municipal- or metropolitan council may, in the prescribed manner, apply to the member of the Executive Council to establish a Municipal or Metropolitan Police Service for the area of jurisdiction of such municipal or metropolitan council.



Subject to subsection (3), the member of the Executive Council may, subject to such conditions, if any as he or she may determine, approve an application for the establishment of a Municipal or Metropolitan Police Service, only if he or she is satisfied that –

(a) the application complies with the prescribed requirements;

(b) the municipal or metropolitan council concerned has the resources at its disposal to provide a police service on a 24-hour basis throughout its area of jurisdiction which police service will comply with the national standards laid down by the National Commissioner in this regard;

(c) the provision of traffic policing services by such a municipal- or metropolitan council will not be prejudicially affected by the establishment of such a police service;

(d) proper provision has been made by the municipal- or metropolitan council concerned to ensure civilian oversight of such a police service; and

(e) the establishment of the service will improve effective policing in the province concerned.



The member of the Executive council may only approve an application for the establishment of a Municipal or Metropolitan Police Service after consultation with –

(a) the Provincial Commissioner; and

(b) the member or members of the Executive Council appointed for Local Government and Transport, or where no such member or members have been appointed, the Premier, or such member or members of the Executive Council as may have been designated by the Premier for this purpose.



A Municipal or Metropolitan Police Service is established by the member of the Executive Council by notice in the Provincial Gazette in the prescribed form.



The establishment of a Municipal or Metropolitan Police Service shall not derogate from the functions of the Service or the powers, duties and functions of a member in terms of any law.



Any expenditure by or in connection with the establishment, maintenance and operation of a Municipal or Metropolitan Police Service shall be for the account of the municipal or metropolitan council concerned.

64A MEMBER OF THE EXECUTIVE COUNCIL

The Member of the Executive Council may determine provincial standards of policing for Municipal or Metropolitan Police Services which shall not be in conflict with this Act or national standards determined by the National Commissioner.



A draft of any proposed provincial standard in terms of subsection (1), shall be published in the Provincial Gazette together with a notice calling all interested persons to submit in writing, within a period stated in the notice, which shall not be less than 30 days from the date of publication of the notice, any comments regarding the proposed provincial standard as a result of comments received, it shall not be necessary to publish the amended provincial standard for further comment prior to publication.



The member of the Executive Council or a member of the Provincial Secretariat, designated in writing for this purpose by such member, may, in order to ensure that the conditions, if any, subject to which a Municipal or Metropolitan Police Service was established, are complied with and/or to ensure that provincial standards of policing are maintained by a Municipal or Metropolitan Police Service –

(a) request and obtain information and documents under the control of the Municipal or Metropolitan Police Service or the municipal or metropolitan council concerned;

(b) enter any building or premises under the control of the Municipal or Metropolitan Police Service or the municipal or metropolitan council concerned; and shall be entitled to reasonable assistance by a member of the Municipal or Metropolitan Police Service and any other employee or office bearer of the municipal or metropolitan council.



If the member of the Executive Council is satisfied that a Municipal or Metropolitan Police Service fails to comply with the conditions or provincial standards referred to in subsection (3), the member may, by notice in writing, inform the municipal or metropolitan council concerned of such failure and request such council to ensure that period, which period shall be specified in the notice.



The member of the Executive Council may, from time to time, upon the request of the municipal or metropolitan council concerned extend a period specified in the notice contemplated in subsection (4).



If the Municipal or Metropolitan Police Service fails to comply with the notice contemplated in subsection (4) within the period specified in the notice or within the extended period provided for in subsection (5), the member of the Executive Council may, in consultation with the member or members of the Executive Council appointed for Local Government and Transport, or where no such member or members have been appointed, the Premier, or such member or members of the Executive Council as may have been designated by the Premier for this purpose,

(a) appoint an official of the provincial government as administrator of the Municipal or Metropolitan Police Service concerned and charge such official with the responsibility to ensure that the said police service comply with the conditions or provincial standards referred to in subsection (3); and

(b) take such other steps as he or she may deem necessary in the circumstances to ensure compliance with the conditions or provincial standards referred to in subsection (3).



An administrator appointed in terms of subsection (6)(a) may exercise all the powers and perform all the duties and functions of the Executive Head of the Municipal or Metropolitan Police Service concerned but shall do so subject to the directions of the member of the Executive Council.



If the member of the Executive Council is satisfied that the Municipal or Metropolitan Police Service complies with all the conditions and provincial standards referred to in subsection (3), he or she may terminate the appointment of the administrator.



All expenses incurred as a result of the intervention of the member of the Executive Council as contemplated in subsection (6), shall be for the account of the municipal or metropolitan council concerned.

64B POWERS OF THE MINISTER AND NATIONAL COMMISSIONER

The National Commissioner may, subject to subsection (2), determine national standards of training and policing for Municipal or Metropolitan Police Services.



A draft of any proposed national standard in terms of subsection (1), shall be required to be submitted in writing, within a period stated in the notice and which shall not be less than 30 days from the date of publication of the notice, any comments regarding the proposed national standard.



The National Commissioner or a member designated in writing for this purpose by him or her, may, in order to ensure that the national standards of training and policing are maintained by a Municipal or Metropolitan Police Service –

(a) request and obtain information and documents under the control of the Municipal or Metropolitan Police Service or the municipal or metropolitan council concerned;

(b) enter any building or premises under the control of the Municipal or Metropolitan Police Service or the municipal or metropolitan council concerned; and shall be entitled to reasonable assistance by a member of the Municipal or Metropolitan Police Service and any other employee or office bearer of the municipal or metropolitan council.



If the National Commissioner is satisfied that a Municipal or Metropolitan Police Service fails to maintain national standards of training and policing, he or she shall report such failure to the Minister.



Upon the receipt of a report contemplated in subsection (4), the provisions of section 64A(4)-(9) shall apply: Provided that a reference in the said subsections to –

(a) the member of the Executive Council, shall be deemed to be a reference to the Minister;

(b) the member of the Executive Council appointed for Local Government, shall be deemed to be a reference to the Minister of Constitutional Development:

(c) the member of the Executive Council appointed for Transport, shall be deemed to be a reference to the Minister of Transport;

(d) the Premier shall be a reference to the President;

(e) an official of the provincial government, shall be deemed to be a reference to an official of the national government; and

(f) a provincial standard of policing, shall be deemed to be a reference to a national standard of training and policing.

64C CHIEF EXECUTIVE OFFICER

The Chief Executive Officer of a municipal or metropolitan council shall be responsible for the performance by the Municipal or Metropolitan Police Service, in or in regard to the area of jurisdiction of the municipal or metropolitan council, of the functions set out in section 64G.

64D LOCAL SECRETARY FOR SAFETY AND SECURITY

A municipal or metropolitan council shall, in consultation with the member of the Executive Council, appoint a person, who is not a member of the Municipal or Metropolitan Police Service concerned, as Local Secretary for Safety and Security.



The Local Secretary for Safety and Security shall –

(a) at the request of the municipal or metropolitan council concerned, advise such council on matters relating to the Municipal or Metropolitan Police Service;

(b) advise the Chief Executive Officer in the exercise of his or her powers and the performance of his or her duties and functions with regard to the Municipal or Metropolitan Police Service;

(c) perform such functions as the member of the Executive Council, the municipal or metropolitan council or the Chief Executive Officer may consider necessary or expedient to ensure civilian oversight of the Municipal or Metropolitan Police Service;

(d) promote democratic accountability and transparency in the Municipal or Metropolitan Police Service;

(e) monitor the implementation of policy determined and directions issued by the municipal or metropolitan council or the Chief Executive Officer and report to the Chief Executive Officer thereon;

(f) perform such functions as may from time to time be assigned to him or her by the municipal or metropolitan council or the Chief Executive Officer; and

(g) evaluate the functioning of the Municipal or Metropolitan Police Service and report to the Chief Executive Officer thereon.

64E EXECUTIVE HEAD OF MUNICIPAL OR METROPOLITAN POLICE SERVICE

A municipal or metropolitan council shall appoint a person as the Executive Head of the Municipal or Metropolitan Police Service.



The Executive Head shall, subject to the national standards laid down by the National Commissioner and the directions of the municipal or metropolitan council and the Chief Executive Officer, exercise command over the Municipal or Metropolitan Police Service concerned, and shall –

(a) be responsible for maintaining an impartial, accountable, transparent and efficient Municipal or Metropolitan Police Service;

(b) subject to this Act and any law governing the recruitment, appointment, promotion and transfer of staff of municipal and metropolitan councils, be responsible for the recruitment, appointment, promotion and transfer of members of the Municipal or Metropolitan Police Service concerned;

(c) be responsible for the discipline of the Municipal or Metropolitan Police Service concerned;

(d) either personally or through a member or members of the Municipal or Metropolitan Police Service designated by him or her for that purpose, represent the Municipal or Metropolitan Police Service on every local policing co-ordinating committee established in terms of section 64I within the area of jurisdiction of the municipal or metropolitan council;

(e) either personally or through a member or members of the Municipal or Metropolitan Police Service designated by him or her for that purpose, represent the Municipal or Metropolitan Police Service on every community police forum or sub-forum established in terms of section 19 within the area of jurisdiction of the municipal or metropolitan council;

(f) be responsible to develop a plan before the end of each financial year, setting out the priorities and objectives of the Municipal or Metropolitan Police Service for the following financial year; and

(g) perform such functions as may from time to time be prescribed.

64F MEMBERS OF A MUNICIPAL OR METROPOLITAN POLICE SERVICE

Subject to the Constitution and with due regard to the fundamental rights of every person, a member of a Municipal or Metropolitan Police Service may exercise such powers and shall perform such duties and functions as are by law conferred on or assigned to a member of a Municipal or Metropolitan Police Service.



The minister may from time to time prescribe that powers, which are conferred upon a member of the Service by this Act or any other law, may be exercised by a member of a Municipal or Metropolitan Police Service: Provided that where such a power include the power to seize an article, the member of the Municipal or Metropolitan Police Service shall forthwith deliver the article to a member.



A member of a Municipal or Metropolitan Police Service shall be a peace officer and may exercise the powers conferred upon a peace officer by any law.

64G POWERS AND FUNCTIONS OF A MUNICIPAL OR METROPOLITAN POLICE SERVICE

The powers and functions of a Municipal or Metropolitan Police Service shall be –

(a) traffic policing, subject to any legislation relating to road traffic;

(b) the enforcement of municipal or metropolitan by-laws; and

(c) the prevention of crime in the area of jurisdiction of the municipal or metropolitan council.

64H LEGAL PROCEEDINGS AGAINST A MUNICIPAL OR METROPOLITAN POLICE SERVICE

Legal proceedings in respect of any alleged act performed under or in terms of this Act or any other law, or an alleged failure to do anything which should have been done in terms of this Act or any other law by any member of a Municipal or Metropolitan Police Service, shall be instituted against the municipal or metropolitan council concerned and section 57 shall not be applicable to such legal proceedings.

64I POLICING CO-ORDINATING COMMITTEES

Subject to this Act and the directions of the member of the Executive Council, a Provincial Commissioner is responsible to ensure that the activities of the Service, municipal and metropolitan police services, provincial and municipal traffic departments and other law enforcement agencies in the province are co-ordinated to ensure effective policing in the province.



The Provincial Commissioner may, where he or she deems it necessary in order to achieve the purpose contemplated in subsection (1), establish local-, area and/or provincial policing co-ordinating committees on which representatives of all the law enforcement agencies in the area for which the co-ordinating committee has been established, shall be represented.



The Provincial Commissioner, or a person designated by him or her for that purpose, shall act as chairperson at a meeting of a policing co-ordinating committee.



Every policing co-ordinating committee shall determine its own procedure and cause minutes to be kept of its proceedings.



The Minister may make regulations to ensure the proper functioning of policing co ordinating committees.

64K REGULATIONS IN TERMS OF THIS CHAPTER

The Minister may, subject to subsection (2), make regulations regarding the establishment and effective functioning of Municipal and Metropolitan Police Services.



A draft of any proposed regulation in terms of subsection (1), shall be published in the Government Gazette together with a notice calling on all interested persons to submit in writing, within a period stated in the notice and which shall not be less than 30 days from the date of publication of the notice, any comments regarding the proposed regulation: Provided that if the Minister thereafter decides to amend the draft regulation as a result of comments received, it shall not be necessary to publish the amended regulations before promulgation.

64L PROOF OF APPOINTMENT

A document in the prescribed form certifying that a person has been appointed as a member of a Municipal or Metropolitan Police Service, shall be prima facie proof of such appointment.