Police Minister Nathi Mthethwa says the Western Cape government’s Community Safety Bill is unconstitutional.
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Police Minister Nathi Mthethwa will not allow the police to be turned into a provincial institution, says his spokesman Zweli Mnisi.
This comes after the Western Cape government on Tuesday confirmed that the Community Safety Bill, approved last week, would be signed into law before Friday.
“Our position on the bill remains unchanged, we still reiterate that it is unconstitutional and during the public commentary hearings, we were able to adequately advance our reasons,” Mnisi said on Tuesday.
“The fundamental point here is that the police are governed by the supreme law of the land, the constitution, which makes a clear distinction on national versus provincial legislative powers, functions and oversight frameworks. We are therefore opposed to any purported approach that seeks to make the SAPS a provincial institution where accountability is determined by different structures.”
But Community Safety MEC Dan Plato hit back, saying the bill would not interfere with the “operational management” of the SAPS.
The bill was sent to Premier Helen Zille after being approved in the legislature last Wednesday. Twenty-three of the 36 members of the provincial legislature voted in favour of the bill.
On Tuesday, Zak Mbhele, Zille’s spokesman, said the bill would be enacted either on Wednesday or Thursday.
The bill, once enacted, will give the provincial government greater oversight over the police. Plato’s office would also be able to call for the removal, transfer or disciplinary action against the provincial police commissioner; investigate complaints of police inefficiency and assess the effectiveness of visible policing. The bill also proposes the creation of a provincial police ombudsman to investigate complaints.
Greg Wagner, Plato’s spokesman, said the provincial government was ready to fight any court challenge.
clayton.barnes@inl.co.za
Cape Argus