Is the DA's push for policing power devolution justified?
The debate surrounding the devolution of policing powers reemerged over the weekend after Portfolio Committee on Police chairperson Ian Cameron attended a ride-along in Manenberg.
Image: Ian Cameron/Facebook/Supplied
The DA's repeated call for the devolution of policing powers is facing sharp scrutiny with one political analyst labelling it a copout.
The debate surrounding devolution reemerged over the weekend after Portfolio Committee on Police chairperson Ian Cameron (DA), attended a ride-along in Manenberg.
Cameron posted on social media about his ride-along which he undertook with fellow DA MPs Lisa Schickerling and Nicholas Gotsell, and how they joined the Special Operations team of the City of Cape Town's metro police in Manenberg and surrounds on Friday.
'I am a firm believer that they should have more policing powers. Why wouldn't we allow this brilliant group of people to be able to do more? Just imagine if we could do something like ballistic testing and gang violence investigation, decentralised? The impact for communities that suffer under the scourge of violence would be significant,' Cameron said.
'...It's so exciting to see the work that they do, along with law enforcement, and of course, the renowned LEAP programme.
'I want to zoom in on Metro (Police), this past week I brought a motion in Parliament to ask once again that the Minister of Police (Senzo Mchunu) please give more policing power to Metro Police.
'It is significant because (they) not only do incredible work on the ground, but if they have more policing power, they could actually put more people behind bars, and keep them there…
'Imagine if they could do more investigations, or if they could do some of the ballistic testing? The legislation already allows for this,' Cameron said.
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In another post, Cameron elaborated that municipal officers may currently arrest and confiscate weapons but cannot build court-ready case dockets.
He said that function is reserved for SAPS, 'where backlogs, skill shortages, and delays continue to cause severe disruptions in justice being served, if at all.'
'The Police Minister has the power to change this immediately. Under the SAPS Act, he can devolve investigative functions to competent municipal authorities via regulation. He has the legal authority.'
In response to Cameron's remarks Police Minister Senzo Mchunu's spokesperson, Kamogelo Mogotsi, said: 'The ministry's focus is on ensuring that the high levels of crime in the country are reduced. A number of enablers have been identified by the ministry, which will be used to fight crime.
'Furthermore, following the National Policing Summit which was convened in April, various measures will be implemented that will usher in a new type of policing - one that is effective, efficient, responsive and professional.'
However, political analyst Sanusha Naidu explained that this issue has been an ongoing gripe for the DA regarding what they can and cannot do under the safety and security portfolios.
Naidu said that the party is seeking to mimic what the National Party wanted to do during the negotiation for the transition into democracy, 'in other words, what they want is not a unity state, but rather a devolved set of powers that are defined along the lines of a federal state'.
'...This discussion around a unity state versus a federal state is that you can't go back (to when the Constitution was being made) and ask the question, as you have a Constitution that defines powers,' Naidu said.
'You have a Constitution that essentially enables for a unity state.
'The Western Cape is a push-and-pull factor of tension. It is constantly in an elasticity of tension, as you have that one issue of 'look at us, we've done so well'... The DA has used the idea that it is the ruling party in the Western Cape to push a narrative that 'we have a better handle on how to govern', now the reason why they are able to push that is because…everywhere else is broken.
'So if you look at what the DA tried to do in Gauteng, and Eastern Cape when Athol Trollip was part of the DA… they are constantly trying to push the narrative that 'we govern better' but what they don't tell you is that the governing comes from such a low base in comparison to the rest of the country.'
'When you think about the optics and narrative when you live in the City of Cape Town, you can see the contradictions of that narrative… It is a complete copout to say that you can't address the issue because we don't have the powers to do so. It is easy.
'However, let's make the assumption that we give you the powers to do so, will you be able to do it, and I think that they are hiding behind this argument… There is no tried and tested argument because we don't have a benchmark for them to try it,' Naidu said.
'There is no benchmark to say, 'hang on, is there another method or methodology or another intervention you can make?' If you are still waiting for these powers to be devolved, you have to go back to the Constitution."
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