Gauteng Premier Panyaza Lesufi inspects the pass out parade of new Crime Prevention Wardens, 4 June 2023, at Tsakane Stadium in Ekurhuleni. The parade marks the end of the training and their deployment into Gauteng communities. They will assist law enforcement officers to fight crime, vandalism, corruption and lawlessness. Picture: Michel Bega/The Citizen
The Public Protector has released a report finding that the deployment of Gauteng’s Crime Prevention Wardens (CPW), also known as Amapanyaza, was irregular, unlawful and inconsistent with the constitution.
Public Protector Advocate Kholeka Gacaleka’s report came just hours after Gauteng Premier Panyaza Lesufi announced that the popular crime prevention wardens would be pulled off the streets and “repurposed”.
Allegations
The report on allegations of irregularities in the establishment, appointment, and deployment of Amapanyaza was released on Wednesday.
Gcaleka’s investigation found that the Gauteng Department of Community Safety’s conduct in establishing, recruiting, appointing, and deploying wardens without a supporting legal framework was unlawful and in breach of the Constitution.
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Criticism
The report follows criticism from KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi, who described the Amapanyaza as illegal.
Mkhwanazi told parliament that he had advised police leadership in a meeting that Lesufi was making a mistake.
“They started a unit which, by law, should not exist. The Mapanya Panya that is famous, I raised that, and I said: ‘This is illegal, it is against the law; the Premier must be advised’. He has good intentions, but this cannot be done. The law does not allow it.”
Mkhwanazi said police management had even consulted lawyers for advice, and they also confirmed that the unit is illegal.
Faith Mazibuko
The report disclosed that evidence before the Public Protector revealed that Faith Mazibuko, former MEC for Community Safety, had applied to former Justice Minister Ronald Lamola in June 2023 for the designation of CPWs as peace officers.
“However, the application by Ms Mazibuko did not indicate the empowering legislation upon which the designation could be made by the DoJCD, which is a prerequisite for a lawful establishment, appointment and designation as peace officers and deployment of the members of a law enforcement unit,” the report read.
According to the report, a technical committee was appointed to resolve the legal issues and to propose solutions on the designation of the CPWs as peace officers.
“The committee concluded its work and confirmed that there is no legal authority to support the designation of CPWs in its current form.”
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Criticism
Gcaleka criticised the actions, saying the department’s conduct was inconsistent with section 41(1)(f) and (g) of the Constitution which states that all spheres of government and all organs of state within each sphere must not assume any power or function except those conferred on them in terms of the Constitution and must exercise their powers and perform their functions in a manner that does not encroach on the geographical, functional or institutional integrity of government in another sphere.
“The law neither empowers nor confers upon provincial government any authority to exercise policing powers.
“Any conduct that seeks to assume any power or function not granted by law or to perform functions or powers falling exclusively in another sphere of government shall be unlawful and unconstitutional.”
Conduct
The Public Protector stated that the department’s conduct of establishing, appointing, deploying and allowing CPWs to participate in operations with Saps or other law enforcement agencies, without supporting legal authority empowering them to conduct crime prevention duties and enjoy powers in section 40(1)(a) of the CPA, was irregular.
“Accordingly, the allegation that the functionaries of the Gauteng Department of Community Safety and Security irregularly established, appointed and subsequently deployed Gauteng Crime Prevention Wardens without an empowering legal framework to perform policing powers is substantiated.”
Remedial action
Gcaleka recommended the following measures:
- Lesufi, who championed the wardens, must, within 180 days, ensure CPWs operate as traffic wardens under the National Road Traffic Act, in line with an agreement involving the justice and police ministers.
- The Gauteng MEC for Community Safety must regularise CPWs’ appointment as traffic wardens within 180 days and take immediate action within 30 days, put appropriate measures in place to prevent any further delays in the process of appointing and retaining CPWs as traffic wardens within the province
- The head of the Gauteng Department of Community Safety must improve staff training within 60 days to enhance legal and operational competency.
- The police and justice ministers must support the lawful retention of CPWs as traffic wardens within 60 days by assisting and supporting them to ensure that they remain within the law.
- The national commissioner and Road Traffic Management Corporation ensure that once the training requirements and all other relevant conditions for appointment of traffic wardens within the province have been determined must ensure they meet training and legal requirements.
Binding
Gcaleka reiterated the binding nature of the Public Protector’s remedial action, stating that while they acknowledge the steps already taken by the relevant state role players in addressing the identified issues, the relevant organs of state are “urged to implement the remedial action in full and timeously.”
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