The term 'municipal police' still has negative connotations for many South Africans, given that it was first used to describe the poorly trained and often violent 'policemen' deployed by the apartheid government in townships in the 1980s. Other than their name however, these police have nothing in common with today's municipal police. The origins of the current municipal police are more appropriately traced back to the traffic departments established at local government level in the 1930s and the unique 146 year-old Durban City Police. 

During the 1980s one of the South African Police's (SAP) responses to the growing political resistance within the country was to hastily train groups of men who were deployed in the townships as guards and 'policemen'. They were termed 'municipal police' given that they replaced the so-called 'blackjack' police forces run by local administration boards and controlled by local government. The new 'municipal police' however had greater powers and unlike their predecessors were often armed.1 Accountable control over these institutions was only nominal and they fell under the command of the SAP.

Municipal policemen, of whom there were 14 000 by the late 1980s, were used primarily to guard government installations in townships although they were often used for other more violent purposes. Thus they gained a reputation for "high levels of excessive and inappropriate use of violence, often arising out of drunken behaviour, ill-discipline and personal vendettas".2 The municipal police themselves often created more problems than they solved for the SAP who had to intervene to police riots and at least on one occasion a mutiny. Between August 1987 and April 1988, 349 municipal police were charged with serious crimes including murder, robbery, assault, theft and rape.3

Given this history, a comparison with municipal policing in post-apartheid South Africa is disingenuous as no one contemplated building on this old system of apartheid control.

That did not however stop some South African Police Service (SAPS) managers from making the comparisons and warning that 'reintroducing' municipal police would lead to a "second class police agency". Ironically the apartheid inspired municipal police members were incorporated into the SAP in 1989.

The comparison stuck however and at least for a period those at local government level who were lobbying for greater policing powers used the more political neutral terms 'metropolitan police' or 'city police' rather than 'municipal police' with its negative past connotations.4

Traffic policing at municipal level

Apart from apartheid's so-called municipal police (who were not funded by or accountable to local government), there had already been some precedent for the establishment of local government law enforcement structures in the country.5 In the 1930s traffic control duties were delegated to municipal government and traffic departments were established across the country.

Traffic officers in South Africa have fewer powers than SAPS officers, although they can search vehicles and effect arrests and are often armed. Indeed, in most cities traffic police are much more visible than their national police counterparts.

Little is however known about the extent of the traffic police's involvement in criminal law enforcement and their relations with the police in South Africa. While a number of individual cases have been documented, there is no systematic assessment of the number of allegations of racism or human rights abuses. The issuing of spot fines for traffic violations has almost certainly encouraged corruption.

The status of the traffic police is of particular importance given that they will inevitably make up the core of the various municipal police agencies. It seems clear also that by the late 1980s most traffic departments were actively involved in crime prevention initiatives as the SAP increasingly concentrated on political protest.6 This shift in functions prompted the first attempts to lobby government about the conversion of the traffic police to more clearly defined local police agencies. The push was never strong given the uncertain climate of the country at the time and the reluctance of the then government to pursue the issue.

The growth in crime prevention and control responsibilities at local government level resulted in some larger municipalities also establishing their own security de-partments. These were funded directly by the local governments concerned. Municipal security departments were for the most part paramilitary structures with some members carrying firearms. Security departments in large cities like Johannesburg even had their own armoured cars and were equipped to handle riot situations. More ominously, the Johannesburg security department developed close links with military intelligence and took it upon itself to spy upon anti-apartheid activists.7

Paradoxically, one positive result of the establishment of municipal security departments was that it largely isolated traffic police from becoming more paramilitary. While paramilitary type uniforms (combat boots and military style pants) became more common in the late 1980s among traffic police, this was paralleled by an attempt in some cities, at least by the early 1990s, to ensure uniforms that were more consistent with ordinary policing duties. While traffic police officers did not entirely avoid the trend toward paramilitarism characteristic of almost all security formations in the last decade of white rule, the impact has not been irreversible.

For the most part, elements of the traffic police retained old traditions and did not become overly militarised. Many traffic departments were characterised by a core group of professional managers who believed that their key task was to regulate traffic flows and make the roads safer. In some cases, traffic officials expressed contempt for their security department counterparts. Later when the legislation around municipal policing was being discussed a strong lobby group of traffic managers opposed it on the basis that it would undercut resources required to ensure road safety. This does not mean that traffic police have entirely avoided controversy and allegations of racism and corruption have been reported.

The Durban City Police: 1854-2000

In one city in South Africa the history of local government policing took a different trajectory. This has had important implications for the debate around municipal policing. The city of Durban implemented its own police force, the Durban City Police (DCP), in 1854. The DCP was a self-styled British constabulary and the wording of the municipal ordinances which established it are almost identical to the 1835 act of the British parliament which established borough and county police.

Clashes between the Durban authorities and central government are a marked feature of the history of the DCP. Attempts to incorporate the DCP into the South African Police during the 1920s and 1930s were rebuffed, although for all intents and purposes the growing strength of the SAP ensured that the DCP played a relatively limited role in respect of crime prevention. However the DCP retained key traditions such as ensuring 'bobbies on the beat' in the city centre. The rank structure also—the DCP was headed by a Chief Constable—more closely resembled a British police force than a South African traffic department.8

The DCP's role in crime prevention was officially recognised in 1992 at a time when crime levels across the country were increasing. At this time the Durban City Council added an amendment to the resolution detailing the DCP's functions formally recognising the centrality of preventing crime. The Council also agreed to double the DCP's strength over a three-year period and give the force a higher profile in policing crime.

The immediate effect was that the DCP became more visible on the beachfront, and a concerted attempt was made to increase foot and vehicle patrols in the city centre. This resulted in the force being divided into functions which included a rapid response capability, crime prevention, and street child units. Besides motorised patrols, the DCP had a 220 member special patrol group whose primary function was to maintain a visible presence in the city centre and on the beachfront.9

The DCP's success in reducing crime in Durban is difficult to measure, but the force's own statistics reflected its role and ethos. Given its presence on the streets, most arrests occurred during or after offences had been committed. A large number of suspects (about 75% in a two-month sample period in 1994) were released with a warning, suggesting that the force used arrest and subsequent warning to police less serious crimes and appeared less inclined to process offenders through the legal system.

The DCP used a fair measure of discretion in policing lesser offences and attempted to enhance relations with the public and avoid unnecessary prosecution of minor offences. In this way the DCP policed less serious matters that the SAPS was hard-pressed to attend to. This is the inevitable consequence of high visibility policing and DCP statistics for 1994 showed a high number of service-related responses and policing of municipal bylaws.

Compared to patterns of policing in the SAPS, the DCP was more involved in maintaining a high presence in the city centre, on the beachfront and in central shopping areas. The force was also more likely to police less serious incidents on the streets, provide general assistance to the public and perform a crime prevention role than was the SAPS.

The DCP generally had a good public image. Its members were well trained and well paid and the force maintained a high level of uniform presence in selected areas. The metropolitan council also built police stations operated by the DCP in a number of outlying townships as well as in selected high tourist localities such as the beachfront. It was clear from accompanying patrols in 1995 and 1996 that the organisation directly engaged in crime fighting activities and styled itself as a police agency (although it also engaged in traffic policing) and not as a traffic department in the style of other cities.10

The importance of an already existing municipal police agency in Durban is that it provided a precedent to other cities, particularly with regard to the working relationship between the SAPS and the Durban City Police.