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IOL News
04-06-2025
- Business
- IOL News
City of Cape Town adopts controversial motion calling for policing devolution
Mayoral Committee Member for Safety and Security JP Smith Bongani Maqungwana, Mzwakhe Mqavashe and Councillor Yusuf Mohamed during Wednesday's Safety and Security Portfolio Committee briefing on the motion calling for the devolution of policing in the Western Cape. Image: Ayanda Ndamane / Independent Media The City of Cape Town's Safety and Security Portfolio Committee has adopted a motion calling for the devolution of targeted policing powers from the national government. The motion further mandates that, if negotiations through the Intergovernmental Relations Framework (IRF) fail to yield results, the City Manager should initiate legal adjudication to secure these powers through the courts. The document presented to the committee states: 'If the formal process through the Intergovernmental Relations Framework fails to achieve outcomes, that the City Manager proceeds to begin an adjudication process through the courts to devolve policing powers, thereby empowering the City of Cape Town with investigating powers to assist the SAPS adequately in addressing the scourge of gun violence.' This comes amid ongoing concerns over gang violence, extortion, and the effectiveness of policing in the metro. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The motion was presented by Democratic Alliance (DA) Councillor Yusuf Mohamed and seconded by United Democratic Movement (UDM) Councillor Bongani Maqungwana. It calls for a formal request to the national government to devolve specific policing functions to the City, including investigative powers for gang-related crimes, drug trafficking, extortion, and firearm offences, as well as crime intelligence and forensic testing of firearms. 'We're not calling for full policing powers, but for targeted, urgent powers that enable the City to fill the gap left by SAPS,' said Mohamed. 'The Constitution already allows for this under Section 99, and we have shown that with the right resources and accountability, we can get results.' Councillor Mzwakhe Nqavashe, Chairperson of the committee, said communities were struggling under the weight of violent crime and lawlessness. 'Our communities are plagued by crime at all levels, and it is clear that more is needed – from the South African Police Service and the City. The situation is untenable as our residents continue to live in fear, children cannot venture outside, and criminals run our streets.' The City has, in recent years, expanded its investment in crime prevention through the Law Enforcement Advancement Plan (LEAP), the establishment of the Metro Police Gang and Drug Task Team, and increased use of surveillance technologies. Nqavashe said these efforts required formalised powers to be more effective. 'We can contribute in tackling crime in our city and in giving an answer to the victims... especially on firearms, which are circulating at an alarming rate.' The motion also recommends that national government formalise the work of the technical task team created under the 2024 Safety and Security Cooperation Agreement, which was signed at Erica Park in Belhar by President Cyril Ramaphosa, Minister Senzo Mchunu, and Mayor Geordin Hill-Lewis. The agreement included nine workstreams based on the Safe Cities framework. Alderman JP Smith, Mayoral Committee Member for Safety and Security, said progress on the workstreams had been slow. 'I still quibbled to the minister... that we must set 31 December as a deadline – a Christmas present for citizens. But now we're almost a year in with no progress.' Smith said the City did not receive real-time crime intelligence from SAPS, which impacted the effectiveness of its operations. 'We only see crime stats months later – it's a history lesson, not a tool for public safety.' He also noted the growing impact of extortion on City operations. 'The contractors are saying, 'we're not safe'.' Smith said over 400 officers were now escorting service teams. 'We are now at the point where every service team may need a police escort. That doubles our operational cost. It's unsustainable.' He said the City had assisted in certain kidnapping cases but was still limited in its scope. 'I cannot go to a public meeting without someone raising this. And I'm tired of telling people saying 'it's not within our powers'.' The Economic Freedom Fighters (EFF) opposed the motion. Councillor Banzi Dambuza said: "We are against the devolution of policing powers to the City. The DA has proven that they are not able to deal with issues of crime. They are utilising this as a bargaining chip.' He added, 'The City came with a budget that will give six law enforcement personnel per ward, whereas they know that the major issue is within black and coloured areas. "The DA has failed to deal with gangsterism, extortion, and any other issue related to crime. As the EFF we are anti the move of SAPS going to the City, who are entering the position of taking under the wing, making sure they use the power which will be abused; misused and not used to the benefit of our poorest of the poorest.' GOOD Party councillor and Caucus Whip Jonathan Cupido also expressed concerns about the proposal. 'As GOOD, we do not oppose decentralisation. There is a compelling argument for bringing decision-making closer to communities, especially where services are failing. But to suggest that devolving select policing functions will resolve Cape Town's crisis of violent crime, without simultaneously addressing the root causes of that violence, is dangerously misleading,' he said. Between January and March 2025, 1,068 people were murdered in the Western Cape, with 81% of those killings taking place in Cape Town. Gang-related killings in the City accounted for 197 of the 240 gang murders recorded nationally during that period. Cupido said, 'These are the outcomes of systemic failure. A result of entrenched poverty, youth unemployment, addiction, and the spatial legacy of apartheid that continues to shape life in the Cape Flats. These are the conditions in which gangs thrive, not because of a lack of devolved powers, but because we continue to treat crime as a policing problem rather than a social one.' The motion will be tabled at the next full Council meeting for formal adoption.


The Irish Sun
19-05-2025
- The Irish Sun
Judge confirms Kyle Hayes community service decision & issues jail time warning as ace in court hours after Limerick win
LIMERICK hurler Kyle Hayes has dodged jail after being deemed suitable for 180 hours of voluntary community service in lieu of a three-month prison term. The All-Star player appeared in court today, less than 24 hours after he was named man of the match in Advertisement 4 Kyle Hayes has dodged jail after being deemed suitable for community service Credit: Piaras Ó Mídheach/Sportsfile 4 The Limerick hurler appeared in court today after being named man of the match in a Munster Senior Hurling Championship game on Sunday Credit: Piaras Ó Mídheach/Sportsfile 4 Hayes was warned he would be going to prison if he committed further criminal offences Credit: James Treacy Sitting in the dock at Courtroom 4, Limerick Circuit Criminal However, the judge warned Hayes he Last April, the judge indicated he would impose the community service order in lieu of the The Advertisement Read more in News Today, the judge reminded Hayes that all of the relevant legal 'obligations and requirements' on the hurler had been 'explained' to him. The judge warned that 'non-compliance' with the order would see the All-Star hurler going to jail. Addressing Hayes, the judge said: 'If there is non-compliance you will be brought back before the court and the (three month) sentence will be imposed.' Hayes looked at the judge and replied: 'Yes, judge.' Advertisement Most read in The Irish Sun The judge said he would make 'no order' on the hurler's second conviction for violent disorder, in respect of the same night at the nightclub in 2019. The terms of the judgement order, specifically, where and when Hayes will be starting his community service, were not disclosed in court. DANGEROUS DRIVING CONVICTION Judge Hayes said the hurler must complete the community service order within 12 months from today. Hayes, 26, of Ballyahsea, Kildimo, Co Limerick appeared as part of long-standing 'Section 99 re-entry' proceedings. Advertisement The hearing was initially triggered after Hayes engaged in dangerous driving at Mallow, Co Cork, four months after the violent disorder concurrent suspended sentences of 18 months and two years were imposed on him in March 2024. On July 14, 2024 Hayes was recorded by a Hayes subsequently lost an appeal against the driving conviction on March 12 2025, for which he was given a two-year driving ban and fined €250. 4 Judge Hayes said the hurler must complete the community service order within 12 months from today Credit: Sam Barnes/Sportsfile Advertisement


Irish Examiner
19-05-2025
- Irish Examiner
Judge warns Hayes sentence will be imposed if hurler doesn't comply with community service
Limerick hurler Kyle Hayes appeared in court on Monday, where it was confirmed he is to carry out 180 hours of community service instead of spending three months in jail. However, the judge warned Hayes he would be going to prison if he committed further criminal offences. Last April, Judge Dara Hayes indicated he would impose the community service order in lieu of Hayes serving three months of an 18-month suspended jail sentence. The suspended jail term was imposed on the Limerick hurler after a jury convicted him on two counts of committing violent disorder inside and outside the Icon nightclub, Limerick, in 2019 — charges he denied at a 2023 trial. On Monday, the judge reminded Hayes that all of the relevant legal 'obligations and requirements' on the hurler had been 'explained' to him. 'Non-compliance' with the order would see the All-Star hurler going to jail, the judge said. Addressing Hayes, the judge said: 'If there is non-compliance, you will be brought back before the court and the [three-month] sentence will be imposed.' Hayes replied: 'Yes, judge.' Second conviction The judge said he would make 'no order' on the hurler's second conviction for violent disorder in respect of the same night at the nightclub in 2019. The terms of the judgement order, including where and when Hayes will be starting his community service, were not dislocated in court. Judge Hayes said the hurler must complete the community service order within 12 months from Monday. Hayes's barrister, senior counsel Brian McInerney, confirmed to the court that the probation service had deemed the hurler suitable for community service in lieu of the jail sentence. 'A suitable service has been selected, and all other matters have been satisfied,' Mr McInerney told the court. Hayes, aged 26, of Ballyahsea, Kildimo, Co Limerick, appeared as part of long-standing 'Section 99 re-entry' proceedings. Dangerous driving The hearing was initially triggered after Hayes engaged in dangerous driving at Mallow, Co Cork, four months after the violent disorder concurrent suspended sentences of 18 months and two years were imposed on him in March 2024. On July 14, 2024, Hayes was recorded by a garda overtaking nine cars in a row on a stretch of the N20 Cork- Limerick dual carriageway whilst driving 55km/h above the 100km/h speed limit. He subsequently lost an appeal against the driving conviction on March 12, 2025, for which he was given a two-year driving ban and fined €250. Previously summarising the events from the Icon nightclub, Judge Hayes said the Limerick hurler was one of two men who 'aggressively approached' self-employed carpenter Cillian McCarthy, adding that Hayes was one of a group of four men who later on 'attacked' Mr McCarthy inside the nightclub. The judge said two gardaí gave evidence at Hayes's trial that they saw the hurler kicking a man lying on the street outside the nightclub on the night, but the judge said there was no evidence before the court that the man on the ground was Cillian McCarthy. The judge said the trial jury acquitted Hayes of a third charge, assault causing harm to Mr McCarthy. He said Kyle Hayes had paid €10,000 in damages to Mr McCarthy as part of the terms of the suspended sentences imposed on him.


Extra.ie
29-04-2025
- Extra.ie
Kyle Hayes deemed suitable for community service as hurling ace avoids prison
All-star hurler Kyle Hayes has been deemed suitable for 180 hours of community service in lieu of three months in jail after he breached the terms of a two-year suspended sentence for violent disorder. Limerick player Hayes, 26, appeared before Limerick Circuit Criminal Court yesterday as part of Section 99 re-entry proceedings. The hearing was triggered after Hayes engaged in dangerous driving at Mallow, Co. Cork, four months into a two-year suspended sentence that was imposed on him in March 2024, after a jury convicted him of committing violent disorder at the Icon nightclub, Limerick, on October 28, 2019. Pic: Gareth Williams On July 14, 2024, the GAA star was recorded by a garda overtaking nine cars in a row on a stretch of the N20 Cork-Limerick dual carriageway, while driving 55kph above the 100kph speed limit. On March 12 last, Hayes, of Ballyahsea, Kildimo, Co. Limerick, lost an appeal against the driving conviction, for which he was given a two-year driving ban and fined €250. Yesterday, Hayes's barrister, senior counsel Brian McInerney, told Judge Colin Daly that Hayes had fully engaged with the Probation Service. It came after the court had requested the service report on his suitability for community service in lieu of the court activating three months of the hurler's two-year suspended sentence for violent disorder. Mr McInerney said the service had deemed Hayes suitable for work in the community, but he did not disclose what type of work the hurler would take on. Kyle Hayes. Pic: Stephen McCarthy/Sportsfile Judge Daly adjourned the matter to May 19 for the community service order to be finalised by Judge Dara Hayes, who had heard the matter previously. Judge Hayes told a hearing of the Section 99 matter last month that he would jail Hayes for three months if he was deemed unsuitable for the community service order. Summarising the events from the Icon nightclub, Judge Hayes said Kyle Hayes was one of two men who aggresivley approached' the injured party, Cillian McCarthy, inside the nightclub and that, later on, the hurler was one of a group of four males who 'attacked' Mr McCarthy on the dance floor of the nightclub. The judge said two gardaí had given evidence at Kyle Hayes's trial that they saw the hurler kicking a man, who was lying on the street outside the nightclub, but the judge said this man was not Cillian McCarthy. The judge said the trial jury acquitted Hayes of a charge of assault causing harm to Mr McCarthy. He also said that Hayes had paid €10,000 in damages to Mr McCarthy as part of the terms of his two-year suspended sentence. Judge Hayes said sworn testimony given to the court by Kyle Hayes's father, Liam Hayes, – who said he depended on Kyle to help him run their family farm after he had undergone heart surgery – 'did not assist' or 'persuade' him in his decision to order community service in lieu of a jail sentence. Hayes's barrister told the judge that his client's brothers, who are both in jail in relation to an entirely separate criminal matter which did not involve Kyle Hayes, were not in a position to help out their father on the family farm. Last January, Daragh Hayes, 37, and Cian Hayes, 33, both of Ballyahsea, Kildimo, were jailed for two-and-a-half years and two years respectively, after they pleaded guilty to one count of assault on their neighbour and friend, Ciaran Ryan, causing him harm, and to one count of producing a hurley and a large wrench that they used to beat Mr Ryan, causing him serious injuries.


Sunday World
28-04-2025
- Sunday World
Limerick hurling star Kyle Hayes deemed suitable for community service instead of jail time
BREAKING | Hayes has been deemed suitable for 180 hours of community service in lieu of three-months in jail Kyle Hayes Hayes (26) of Ballyahsea, Kildimo, Co Limerick, appeared before Limerick Circuit Criminal Court, Monday, as part of 'Section 99 Re-entry' proceedings. Should Hayes face jail time, it would mean he could not play for the Limerick senior team this season. Kyle Hayes The hearing was triggered after Hayes engaged in dangerous driving at Mallow, Co Cork, four months into a two-year suspended sentence that was imposed on him in March 2024, after a jury convicted him of committing violent disorder at the Icon nightclub, Limerick, on October 28, 2019. On July 14, 2024, Hayes was recorded by a garda overtaking nine cars in a row on a stretch of the N20 Cork-Limerick dual carriageway, whilst driving 55kph above the 100kph speed limit. Hayes subsequently lost an appeal against the driving conviction on March 12 last, for which he was given a two-year driving ban and fined €250. Today, Hayes' barrister, senior counsel, Brian McInerney, told Limerick Circuit Court judge Colin Daly that Hayes had fully engaged with the Probation Service after the court had requested the service report on his suitability for community service in lieu of the court activating three months of the hurler's two-year suspended sentence for violent disorder. Mr McInerney said the service had deemed Hayes suitable for work in the community, but he did not disclose what type of work the hurler would take on. Judge Daly adjourned the matter to May 19 for the community service order to be finalised by Judge Dara Hayes, who had heard the matter previously. Judge Hayes told a hearing of the Section 99 matter last month that he would jail Hayes for three months if he was deemed unsuitable for the community service order. Summarising the events from the Icon nightclub, Judge Hayes said Kyle Hayes was one of two men who 'aggressively approached' the injured party Cillian McCarthy inside the nightclub and that, later on, Kyle Hayes was one of a group of four males who 'attacked' Mr McCarthy on the dance-floor of the nightclub. The judge said two gardaí had given evidence at Hayes's trial that they saw the hurler kicking a man, who was lying on the street outside the nightclub, but the judge said this man was not Cillian McCarthy. The judge said the trial jury acquitted Hayes of a charge of assault causing harm to Mr McCarthy and that Hayes had paid €10,000 in damages to Mr McCarthy as part of the terms of his two-year suspended sentence. Judge Hayes said sworn testimony given to the court by Kyle Hayes's father, Liam Hayes, that he depended on Kyle to help him run their family farm after he had undergone heart surgery 'did not assist' nor 'persuade' him in his decision to order community service in lieu of a jail sentence. Hayes's barrister told the judge that his client's brothers, who are both in jail in relation to an entirely separate criminal matter which did not involve Kyle Hayes, were not in a position to help out their father on the farm. Last January, Daragh Hayes (37) and Cian Hayes (33) were jailed for two and a half years, and two years respectively, after they pleaded guilty to one count of an unprovoked assault on their neighbour and friend, Ciaran Ryan, causing him harm, and to one count of producing a hurley and a large wrench they used to beat Mr Ryan, causing him serious injuries.