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Zille, Mthethwa battle looms

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The premier says she will fight any legal action challenging the constitutionality of the Western Cape Community Safety Act.

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Cape Town - Premier Helen Zille says she will fight any court action challenging the constitutionality of the Western Cape Community Safety Act.

Zille signed the Community Safety Bill into law on Wednesday.

She said it was a “big step” forward and the first time in South Africa that provincial oversight over the police had been defined.

The new law gives the provincial government the power to:

* Call for the removal, transfer or disciplinary action against the provincial police commissioner.

* Investigate complaints of police inefficiency.

* Assess the effectiveness of visible policing, among other things.

 

Police Minister Nathi Mthethwa said the act was illegal and unconstitutional and he would challenge it “all the way to the Constitutional Court”.

Mthethwa’s spokesman Zweli Mnisi said the department had noted the enactment of the bill and would be making an announcement on “the way forward” soon.

Last week, 23 of 33 members of the provincial legislature voted in favour of the bill, which was rejected by the ANC and “partially accepted” by Cope.

Apart from giving the province greater oversight over the police, the law also allows the Western Cape government to determine its own policing needs and priorities.

Community Safety MEC Dan Plato said incidents of police brutality, corruption and the “shoot to kill” rhetoric from police top brass “did not paint a picture of a police service that was envisioned for a democratic South Africa”.

“Oversight remains critical… effective oversight can act as a catalyst for improved policing,” he said.

The bill also proposes the creation of a provincial police ombudsman.

Plato said the law was not targeting the police, but sought to promote good relations between the police and communities.

clayton.barnes@inl.co.za

Cape Argus


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