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Western Cape Community Security Chief Albert Fritz has raised concerns with the provisions of the South African Police Service Amendment Bill (SAPS), specifically around neighborhood checkpoints and changes to the service of police.
Fritz said the bill wants to integrate law enforcement officers into a municipal police service, which could have a big impact on smaller cities across the country.
“This is very worrying because it would have significant cost implications in terms of the Law Enforcement Promotion Plan (LEAP) and would mean that smaller municipalities, which have law enforcement capabilities but cannot pay for the services of the municipal police, they could no longer have their own law enforcement capabilities, ”he said.
He said the provision ‘threatens to undermine’ the efforts of the Government of the Western Cape and Cape Town City through the Western Cape Security Plan, which has deployed 500 additional law enforcement officers to the communities most affected by crime. .
“A single police service would mean a greater centralization of the police in the province and would distance the provision of services from those who need it most, where and when they need it,” he said.
Neighborhood watch
The bill will make it a requirement for Neighborhood Watches (NHW) to register with the Community Police Forums (CPF).
Fritz said that this requirement is problematic as the key objectives of these two groups are fundamentally different. He said that the main purpose of the CPFs is the supervision of the police as set out in section 18 of the bill, and the NHWs are not police officers nor do they have any policing function.
Their role is to act as the eyes and ears of the community through patrols, he said.
Fritz said the proposed legislation could also conflict with existing provincial legislation that already provides for the accreditation of NHWs in the Department of Community Safety.
“A conflict of interest may arise if the NHW is accredited to the Department and registered with the CPF. Therefore, it is suggested that clear criteria be established for registration, ”he said.
“Also, there is no link to farm clocks and how they could be linked to a functional SAPS reservation system. In such a case, the SAPS reservists could be combined with the agricultural guards to ensure that the agricultural guards have peace officers to guide them in their response. “
Public order surveillance
The bill provides for the establishment of a national Public Order Surveillance (POP) capacity that can be deployed at the request and in support of the provincial commissioner.
Fritz said the Western Cape has the second lowest number of units in the entire country and the fifth lowest number of POP officers. Furthermore, the number of POP agents in the province is only 9.8% of the total number in the entire country, he said.
“I am concerned that the decision to deploy POP is centralized in the office of the national commissioner, and that the provincial commissioner will simply be able to indicate where there is a need for deployment, giving the province less voice on when and how to deploy resources.
“There is also a clear need to increase the resources allocated to the Western Cape, which may not be addressed by centralizing the deployment of POP through a national POP capacity. This is demonstrated since the decision to deploy this capacity would fall to the national commissioner ”.
Railway safety
Fritz said the bill does not recognize that it is SAPS ‘primary responsibility to protect commuters on the rail system and at train stations.
This legal mandate derives from the legislation on the integration of the Railway Police into the SAPS in 1986.
“It is suggested that the following subsection be added: (iv) the provision of a visible policing function to safeguard rail travelers on rolling stock and at train stations,” said Fritz.
The government’s goal
In an explanation of the bill in September, Police Minister Bheki Cele said the amendments must have been long overdue.
“Although all agents are guided by Section 205 of the country’s Constitution, it was necessary to adapt this bill to the Constitution to guarantee optimal policing in the current environment,” he said.
The police minister described some of the most important changes as follows:
- The integrity of the SAPS – The amendments seek to address vetting issues and employee integrity testing within SAPS through lifestyle audits and conflicts of interest. Those who join the service must also be subject to processes to ensure that the integrity of the organization is maintained. Police recruits are also expected to submit a mouth swab for DNA testing;
- More powers for the minister – The law will empower the Minister of Police to regulate the roles, functions, duties and obligations, requirements for the appointment and disciplinary matters of the deputy national and divisional commissioners;
- Regulation of community policing– Legislation will seek to improve community policing and supervision of community policing forums. There is a need to improve coordination between the police service and municipal police services in terms of the concept of a single police service. It will improve the framework for the establishment, powers, functions and control of municipal police services;
- New rules around firearms – The amended bill will also give effect to the recommendations of the Farlam Commission. This includes the assurance that automatic rifles cannot be used in crowd control and that deadly force cannot be used alone to protect property. The bill states that only when life and property are in danger simultaneously will the use of deadly force be justified.
Cele said the bill provides a way to improve relations between the police service and the community by ensuring that members of the police treat the public with dignity and respect the rights of the public, especially the rights of women, children. and people with disabilities.
“These amendments create accountability and discipline within the police service and I believe they will go a long way toward ensuring that SAPS better serves the people of this country while at the same time fostering trust between communities and men. and women. in blue, ”he said.
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