Metropolitan Police Departments Report on the status of Metropolitan Police Departments in South Africa

Contents of Presentation Section A: Overview of Metropolitan Police Departments Section B: Law Enforcement Mandates Section C: Cooperation Platforms Section D: Challenges

Section A: Overview of Metropolitan Police Departments There are six (6) Metropolitan Police Departments in South Africa:

Ethekwini (Durban) Metro Police Section A: Overview of Metropolitan Police Departments Ethekwini (Durban) Metro Police Chief of Police: Eugene Nzama Oldest Police force in RSA Total Staff Component: 2419 Operational Staff Component: 1845 Population: 3,442,361 Area: 2,291 km2 Chief of Police Regional Command Specialised Enforcement Regional Command CBD Regional Command North Regional Command Inner West Regional Command Outer West Regional Command South Regional Command Central

Ethekwini (Durban) Metro Police Overview of Metropolitan Police Departments Ethekwini (Durban) Metro Police Specialised Units; Dog Unit (K9) Equestrian Unit Public Transport Crowd Control Unit

Johannesburg Metro Police Section A: Overview of Metropolitan Police Departments Johannesburg Metro Police Chief of Police: Banzi Nyanda Date of establishment: March 2001 Total Staff Component: 3719 Operational Staff Component: 3116 Population: 4,434,827 Area: 1,644 km2 Chief of Police Regional Operations By-Law Management Unit Specialized Services Internal Affairs Auxiliary Services Academy

Johannesburg Metro Police Overview of Metropolitan Police Departments Johannesburg Metro Police Specialised Units Dog Unit (K9) Equestrian Unit Specialised Patrol Unit VIP Protection Unit Crowd Control Unit

Cape Town Metro Police Overview of Metropolitan Police Departments The City of Cape Town has a separate, dedicated City Traffic Department as well as a dedicated Law Enforcement Department which is unique to Cape Town Population: 3,740,030 Area: 2,461 km2 Chief of Police: Wayne Le Roux Date of establishment: 1 December 2001 Total Operational Component: 1714 Metro Police: 435 Traffic Service: 495 Law Enforcement : 784 Chief of Police Central Operations Civilian and Internal Affairs Support Service Finance CCTV

Cape Town Metro Police Specialised Units Dog Unit (K9) Equestrian Unit Overview of Metropolitan Police Departments Cape Town Metro Police Specialised Units Dog Unit (K9) Equestrian Unit Substance Abuse (Drug) Unit Video Unit Gang Task team Crowd Control Unit Social Crime Prevention Bylaw Enforcement Unit

Ekurhuleni Metro Police Overview of Metropolitan Police Departments Ekurhuleni Metro Police Chief of Police: Bafana Mahlabe Date of establishment: 16 February 2002 Total Staff Component: 2432 Operational Staff Component: 1675 Population: 3,178,470 Area: 1,975 km2 Chief of Police Chief of Staff Operations and Specialised Services Auxiliary and Support Services Bylaws Security

Ekurhuleni Metro Police Overview of Metropolitan Police Departments Ekurhuleni Metro Police Specialised Units Dog Unit (K9) Equestrian Unit Substance Abuse (Drug) Unit Specialised Response (Tactical) Unit VIP Protection Unit Crowd Control Unit Overload Unit Speed law Enforcement Bylaw Unit OR Tambo Precinct (National Key Point)

Tshwane Metro Police Overview of Metropolitan Police Departments Chief of Police: Steven Ngobeni Date of establishment: 4 April 2002 Total Staff Component: 4204 Operational Staff Component: 3931 Population: 2,921,488 Area: 6,298 km2 Chief of Police Office of the Staff Officer Regional Policing Specialised Policing Training, Research & Resource Development Police Support & Administration

Tshwane Metro Police Overview of Metropolitan Police Departments Specialised Units Dog Unit (K9) Equestrian Unit Substance Abuse (Drug) Unit Specialised Response (Tactical) Unit VIP Protection Unit Crowd Control Unit Social Crime Prevention Cable Theft Unit Drunk Driving Support Unit Speed Law Enforcement Unit Bylaw Unit

Nelson Mandela Bay Metro Police Overview of Metropolitan Police Departments Nelson Mandela Bay Metro Police Chief of Police: Acting Chief Date of establishment: 22 December 2012 Total Staff Component: Not Yet Implemented Operational Staff Component: Not Yet Implemented Population: 1,152,115 Area: 1,959 km2 Chief of Police Post Vacant Chief of Police Not yet operational

Section B: Law Enforcement Mandates - Constitutional framework In terms of the Constitution the following sections make provision for the Municipal / Metropolitan Police (MPS’s): In terms of section 205 (1) of the Constitution, “The national police service must be structured to function on a national, provincial and where appropriate local spheres of government.” Sec 206 (7) of the Constitution provides for National legislation to “..Provide a framework for the establishment, powers, functions and control of municipal police.” Sec 207 (2) of the Constitution reads as follows: “The National Commissioner must exercise control and manage the police service in accordance with the national policing policy and the directions of the cabinet member responsible for policing.

Section B: South African Police Service Act Legislative Mandate The promulgation of Sec 64 of the South African Police Service Act, 1995 (Act No. 68 of 1995), gave effect to provisions of Sec 205 (1) of the Constitution. Section 64L “National Commissioner shall determine the minimum standards for training”. In terms of Sec 64E functions of Metro Police; Traffic policing By-laws and regulation enforcement Crime prevention

Section B: Legislative Mandate Traffic Policing Traffic policing, subject to any legislation relating to road traffic (Road Policing) National Road Traffic Act, 1996 (Act No. 93 of 1996) National Land Transport Act, 2009 (Act No. 5 of 2009) Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998) (Presently only active in Johannesburg and Tshwane)

Section B: Legislative Mandate By-laws and Regulation Policing The policing of municipal by-laws and regulations which are the responsibility of the municipality in question Municipalities each promulgate by-laws relevant to their unique environments

Section B: Legislative Mandate Crime prevention The prevention of crime;   South African Police Service Act, 1995 (Act No. 68 of 1995) Criminal Procedure Act, 1977 (Act No. 51 of 1977) Regulations for Municipal Police Services - Reg 10 read with Annexure 5 & 6 which contains various sections of different legislation applicable to Municipal Police Services. National Policing Standards e.g. Crowd Management, Domestic Violence etc.

Legislation relating to Co-operation Legislation regulates co-operation between SAPS and Metro Police, - not a Service Level Agreement as Metro Police is not an agent for SAPS and the ever changing legislative landscape of policing demands a more flexible co- operation system. Regulations, National Standards and National Instructions are issued to accommodate new legislation, crime patterns and instructions such as: National Standard for Metro Police re Crowd Management National Standard for Metro Police re Domestic Violence National Standard for Metro Police re Crime Scenes National Standard for Metro Police re Arrest, Search and Seizure et al The following sections of the SAPS Act, regulate Co-operation: Sec 64 C(2)(e)-(g) Sec 64K, L, M, N, O, and Sec 64P

Section C: Cooperation between SAPS and MPS’s Cooperation and coordination between SAPS and Metros happen, in terms of legislation and continuously through; National Standards Standard Operating Procedures (SOP’s) Regulations National Instructions Local Station Meetings Cluster Meetings Provincial (Provjoc) Meetings National (Natjoc) Meetings National Chief’s Forum Meetings

Section C: Cooperation between SAPS and MPS’s National Commissioner National Standards Standard Operating Procedures (SOP’s) Provincial Commissioners Quarterly feedback Annual plans All Instructions and Directives from National Commissioner SAPS Nodal Point Regulations National Instructions All Instructions and Directives from National and Provincial Commissioners National Nodal Point for Metro Police Chiefs of Metro Police Services

Section D: Challenges Common challenges faced by all Metro Police Departments; Insufficient funding for expensive law enforcement infrastructure; Vehicles, communication, weapons, information systems, etc. Specialised Training and Equipment (Crowd Management) Slow growth of Staff vs huge growth in Population Increase in Events, protest actions, land invasion and required policing Increased demand by Community for “Local” Policing

Section D: Challenges Legislative Challenges; Limitations in terms of investigative powers for traffic and bylaw related crimes (e.g. not having powers such as key practitioners like health and fire safety) Excessive requirements placed on training and accreditation – Need for a dedicated National Metro Police qualification

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