Latest news with #Police
RNZ News
42 minutes ago
- RNZ News
Man faces assault, theft and driving charges after Auckland motorway pursuit
Police say the offender drove the wrong way at Takanini. Photo: 123RF Police say a man is facing numerous charges after allegedly assaulting a man and stealing his vehicle, driving dangerously on Auckland's motorway network and causing several minor collisions. In a statement Inspector Dave Christoffersen said police began investigating on Tuesday afternoon after a man at a Māngere address was assaulted by a man who then stole his vehicle. That evening police sighted the vehicle on Mahia Road in Manurewa and the Police Eagle helicopter was deployed to the area, he said. Police then saw the vehicle heading towards Drury at high speed but were able to deploy road spikes as it slowed down and went back through Papakura, he said. Christoffersen said the offender entered the motorway network against the flow of traffic at Takanini. "With the tyres deflated, at one point he unsuccessfully attempted to take another person's vehicle, before continuing to drive dangerously against the flow of traffic." There were several minor collisions with members of the public, he said. Realising the danger to the public, police then used their vehicle to push the offender's vehicle clear of live lanes and back onto the off-ramp, he said. The man then fled on foot to a commercial yard and police were eventually able to enter the yard with a police dog and arrest the offender, he said. He sustained minor injuries as a result and was taken to Middlemore Hospital. Inspector Christoffersen said the man was under police guard ahead of a bedside court hearing on Wednesday. The 34-year-old has been charged with wounding with intent to cause grievous bodily harm, assault with a blunt instrument, unlawfully taking a motor vehicle, burglary, reckless driving and failing to stop. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
an hour ago
- Automotive
- RNZ News
Whakatāne road closed after serious crash
Police say Reid Road in Whakatāne is closed after a serious crash. Photo: SAMUEL RILLSTONE / RNZ At least two people are seriously injured after a crash in Whakatāne on Wednesday morning. Police said Reid Road was completely blocked between Cross Road and Awahou Road after two vehicles collided at about 8.30am. Emergency services are on the scene and the road has been closed; people are asked to avoid the area if at all possible. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
CTV News
an hour ago
- Automotive
- CTV News
Highway 23 closed after serious collision in Listowel
A serious collision has closed Highway 23 between Line 81 and Line 84. Police are asking people to avoid the area. A lengthy closure is expected.
IOL News
2 hours ago
- Politics
- IOL News
Appointment of the acting minister Cachalia: A matter of presidential authority and constitutional compliance
Anda Mbikwana is a PhD candidate and a municipal finance and leadership in governance expect, he writes in his personal capacity. President Cyril Ramaphosa's appointment of Professor Firoz Cachalia as Acting Minister of Police, following the placement of Senzo Mchunu on special leave, presents a significant constitutional law question that warrants careful examination. The central issue is whether the President's action complies with the constitutional framework governing ministerial appointments, particularly the distinction between regular ministerial appointments and the delegation of ministerial functions. Section 91(3)(c) of the Constitution provides the President with the authority to "select no more than two Ministers from outside the National Assembly." This provision establishes a clear numerical limitation and procedural requirement for appointing individuals who are not Members of Parliament to ministerial positions. Section 98 states: "The President may assign to a Minister any power or function of another Minister who is absent or otherwise unable to fulfil the functions of office." This section contemplates the temporary reallocation of ministerial responsibilities between existing Ministers. The constitutional analysis reveals a potential lacuna in the framework. Section 91(3)(c) makes no express provision for "Acting Ministers" - it only addresses substantive ministerial appointments. Section 98, conversely, only permits the assignment of functions to existing Ministers, not to individuals outside the cabinet structure. Professor Cachalia's appointment presents several constitutional challenges: Absence of Constitutional Authority: There is no explicit constitutional provision authorising the appointment of an "Acting Minister" who is not already a substantive Minister. Misapplication of Section 98: The section requires the assignment of functions to "a Minister" - a constitutional office that Cachalia does not hold. Circumvention of Section 91(3)(c): The appointment appears to bypass the formal requirements for appointing Ministers from outside the National Assembly. The constitutional concern is compounded by an institutional presumption of legality. The legal fraternity's assumption that presidential decisions are inherently constitutional represents a classic appeal to authority fallacy. Constitutional supremacy requires that all exercises of public power, including presidential appointments, conform to constitutional requirements regardless of the office holder's status. The appointment raises broader questions about the separation of powers and the rule of law. If the President can effectively create ministerial positions without following constitutional procedures, it undermines the constitutional framework designed to limit and structure executive power. For the appointment to achieve constitutional compliance, the following procedure should be followed: Formal Ministerial Appointment: Cachalia should be appointed as a Minister under Section 91(3)(c), either to an existing portfolio or to a specifically created ministry. Function Assignment: Once properly appointed as a Minister, the President could then assign him the functions and duties of the Police Ministry under Section 98. Allowing this appointment to stand without a proper constitutional foundation could create a problematic precedent, potentially enabling future presidents to circumvent constitutional limitations on ministerial appointments through the device of "Acting" positions. Most constitutional democracies with similar Westminster-derived systems maintain strict distinctions between substantive and acting appointments, typically requiring either explicit constitutional authorisation or limiting acting appointments to existing office holders. The Constitutional Court's emphasis on constitutional supremacy and the rule of law suggests that informal or assumed powers cannot substitute for explicit constitutional authority. The Court's approach in cases involving executive power has consistently emphasised adherence to constitutional procedures. Immediate Considerations Legal Challenge: The appointment presents grounds for constitutional challenge, particularly regarding the scope of presidential power and constitutional compliance. Parliamentary Oversight: Parliament should exercise its oversight function to examine the constitutional basis for the appointment. Academic Scrutiny: Legal scholars should engage with this issue to clarify the constitutional framework governing ministerial appointments. Long-term Implications Constitutional Amendment: Consider whether the Constitution requires amendment to provide clear authority for acting ministerial appointments. Judicial Clarity: The courts may need to guide the scope of presidential appointment powers and the requirements for temporary ministerial arrangements. Institutional Safeguards: Develop clearer protocols for ensuring constitutional compliance in executive appointments. Conclusion The Cachalia appointment highlights a significant gap between constitutional requirements and executive practice. While the President's intention to ensure continuity in police leadership during a period of crisis is understandable, constitutional compliance cannot be sacrificed for administrative convenience. The legal fraternity must engage with this issue to uphold constitutional supremacy and ensure that all exercises of public power conform to constitutional requirements. The case serves as a reminder that in a constitutional democracy, even well-intentioned executive actions must comply with constitutional procedures. The assumption that presidential decisions are inherently legal represents a dangerous departure from constitutional principles that could undermine the rule of law if left unchallenged. This matter requires urgent attention from the legal profession, Parliament, and potentially the courts to ensure that South Africa's constitutional framework is properly implemented and respected. Anda Mbikwana is a PhD candidate and a municipal finance and leadership in governance expert, he writes in his personal capacity.
Scoop
2 hours ago
- Scoop
Police Swarm Into Whitford Following Burglary
Police were quickly on scene after an alarming report of a burglary taking place at a Whitford property overnight. One man is in custody and enquiries are ongoing to locate his alleged accomplice. Relieving Counties Manukau East Area Commander, Inspector Rakana Cook says a 111 call was made just before 12.30am 'The victims reported hearing glass being broken, and that they had secured themselves their part of the house,' he says. 'A raft of Police resources quickly deployed to the Broomfields Road area, including the Police Eagle helicopter, a dog unit and other ground staff. 'Fortunately, their property was well secured, and it meant that the offenders could not gain entry.' Inspector Cook says staff arrived on scene and confirmed two offenders had tried to gain entry before leaving. 'The Police dog deployed and attempted to track offenders' footsteps, meanwhile Eagle was overhead and noticed a suspicious man on Wades Road. 'A unit arrived at the location and detained the man, who we will allege was one of the offenders.' Police have charged the 44-year-old man with burglary and unlawfully being in an enclosed yard. He will face the Manukau District Court today. 'I commend our Police staff who flooded the area quickly in order to locate these offenders,' Inspector Cook says. 'I would like to acknowledge the victims who were quite shaken by what took place. 'They acted courageously, contacting 111 almost immediately."
