NOTES
Published in Monograph No 67
Municipal Policing in South Africa, Development and Challenges
- G Cawthra, Policing South Africa: The SAP and the Transition from Apartheid, London, Zed, 1993, p 62.
- Truth and Reconciliation Commission, Truth and Reconciliation Commission of South Africa Report, Vol 2, Cape Town, October 1998, p 184.
- Ibid., p. 183.
- Legislation passed by parliament reverts to the term 'municipal police' that is thus also largely used in this article. Police agencies in the major cities however continue to use the term 'metropolitan police'.
- Although trained and paid by the SAP, the municipal police were attached to the Black Local Authorities (BLAs), initially falling under the Department of Constitutional Development.
- Interviews conducted by Mark Shaw with traffic police officers in early 1995 suggested that about a quarter of their duties related to criminal law enforcement. Accompanying traffic officers on patrol confirmed this estimate. However, it should be noted that these are not systematic estimates and the level of involvement in criminal law enforcement would depend heavily on the individual, the area where he or she works as well as their assigned task.
- See J Pauw, In the Heart of the Whore, Johannesburg, Southern Book Publishers, 1991.
- See J Jewell, A History of the Durban City Police, Durban, Durban City Council, 1989.
- M Shaw, Metropolitan and municipal policing, in M Shaw and L Camerer, Policing the transformation: new issues in South Africa's crime debate, Institute for Security Studies, Monograph No 3, April 1996 police agencies. Little progress was made in respect of this legislation in the period between the conclusion of the 1993 interim constitution and the passing of the country's final constitution in 1996.
- For some data as to the extent of the involvement of the DCP in combating crime see M Shaw, 'Partners in Crime'? Crime, political transition and changing forms of policing control, Centre for Policy Studies, Research Report 39, June 1995, pp 92-94.
- For the ANC it reflected a desire to ensure that South Africa remained a unitary state with strong instruments of central government. This combined with a belief that a fragmented system of policing would allow some regional parties (notably the Inkatha Freedom Party (IFP) in KwaZulu-Natal) to control a police agency of their own. A centralised police agency would result in a more uniform approach to issues of transformation. For senior police management, a single police agency ensured better control and provided a policing context with which they were comfortable; policing in South Africa had historically been centralised, despite the proliferation of bantustan police agencies the SAP remained the largest and most dominant force.
- Constitution of the Republic of South Africa (the interim constitution), Act 200 of 1993, section 221(3).
- Constitution of the Republic of South Africa (the final constitution), Act 108 of 1996, section 199(1).
- Constitution of the Republic of South Africa, Act 108 of 1996, Section 199 (1).
- Ibid, section 206(7).
- South African Police Service Act 68 of 1995, section 64(2) and 64(3).
- Ibid, section 64(6).
- Published as Metropolitan and Municipal Policing, Ministry of Safety and Security, Gauteng Province, March 1996, in M Shaw, Towards Safer Cities: The South African Debate on Options for Urban Safety, Institute for Security Studies, Monograph No 11, April 1997.
- The powers of 'peace officers' are prescribed by the Criminal Procedure Act 51 of 1977. Traffic officers were designated as peace officers giving them the powers of search, seizure and arrest.
- Shaw, Metropolitan and Municipal Policing, Ministry of Safety and Security, Gauteng Province, March 1996, op cit, p 8.
- In fact, given their history local government security departments, the paper argued, should not engage in public policing activities and only be absorbed into new municipal police structures should their members meet the required training standards.
- Shaw, Metropolitan and Municipal Policing, Ministry of Safety and Security, Gauteng Province, March 1996, op cit, pp 12-14.
- Ibid., p. 14.
- Ibid., p. 15.
- The Case for City Policing Service in Gauteng, Standing Committee on Safety and Security, Gauteng Legislature, June 1996, in M Shaw, Towards Safer Cities, op cit.
- Ibid., p. 23.
- Among others these included: Departments of Safety and Security at national and provincial level, departments of Transport at national and provincial level, departments of Local Governments at national and provincial level, departments of Finance at national and provincial level, various metropolitan governments, their Traffic and Security departments, as well as the SAPS, including community police forum representatives.
- C Sawyer, Speed wobble for new law on municipal police forces, Cape Argus, Cape Town, 11 June 1998.
- The State of the Nation Address by the President of South Africa, Thabo Mbeki, delivered to parliament, Cape Town, 9 February 2001, p 14.
- SABC3 live interview by John Perlman and Tim Modise, 18h00-19h00, 22 June 2001.
- Department of Safety and Security, White Paper on Safety and Security: In Service of Safety, 1998.
- Two possible reasons for this are that the White Paper was drawn up during Sydney Mufamadi's term as Minister of Safety and Security. Steve Tshwete replaced Mufamadi in 1999. At the same time a new National Commissioner of the SAPS (Jackie Selebi) was appointed. There has been little mention among the new police leadership of the White Paper and since 1999 the Department has focused on a tough law enforcement approach dominated by the high density, three year crime combating strategy 'Operation Crackdown'.
- Department of Safety and Security, Vote 32 Safety and Security, June 2001; Address by the Minister of Safety and Security, Steve Tshwete, on safety and security and the Independent Complaints Directorate Appropriation Bill budget votes, delivered to parliament, Cape Town, 7 June 2001.
- SAPS Amendment Act 83 of 1998, section 3(6).
- This is approximate because personnel will not be distributed evenly across all times - depending on the type of crime prevention and traffic duties being prioritised.
- Section 64F(3).
- It is of interest to note that in terms of section 334(4) of the Criminal Procedure Act, the employer of any person who becomes a peace officer under the provisions of this section would be liable for damages arising out of any act or omission by such person in the discharge of any power conferred upon him under this section. The State shall not be liable for such damages unless the State is the employer.
- R710 (11 June 1999) Government Gazette GG No 20142.
- Provided that a member of a municipal police service will hand such a person over to a member of the police service.
- The powers contained in this section for the purposes of section 55.
- Only those powers referred to in subsections 1(a), (b), (d), (g) and 2(a).
- Only the powers referred to in subsections (4), (7)(c), (8) and (11). The reference to National or Provincial Commissioner is to be interpreted as a reference to the Executive Head of the municipal police service.
- See A Cox, Cash needed to fund Jo'burg Metro police, http://archive.iol.co.za/Archives/1998/9811/6/metro.html
- P Krost and B Ndaba, No added manpower in new metro police, Saturday Star, Johannesburg, 30 March 2001.
- Z Mngadi, Stormy start for some metro police members, The Star, Johannesburg, 1 April 2001

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