Portfolio Committee on Police METRO POLICE 7 SEPTEMBER 2016

Introduction The Municipal Police is established in terms of Section 206 (7) of the South African Constitution and section 64(E) of the South African Police Services Act. Section 64A of the South African Police Service Act 68 of 1995 reads: Any municipality may in the prescribed manner apply to the Member of the Executive Council for the establishment of a municipal police service for its area of jurisdiction.” Section 64L of the SAPS Act states that the National Commissioner may determine national standards of policing for municipal police services and, in addition to the training prescribed for traffic officers in terms of the Road Traffic Act, 1989 (Act 29 of 1989 ), determine national standards with regard to the training of members of municipal police services. 2

Establishment of the Municipal Police Section 205 (1) provides for the structuring of the police at national, provincial and where appropriate, local level of government: The national police service must be structured to function in the national, provincial and, where appropriate, local spheres of government. The municipalities that want to establish a municipal police service has to in terms of the SAPS Act (As amended) apply to the Member of the Executive Council in terms of Section 64(A) (1) of the South African Police Service Amendment Act (83 of 1998). 3

Establishment Continued… The MEC must satisfy him/herself that: a) the application complies with the prescribed requirements; b) the municipality has the resources at its disposal to provide for a municipal police service which complies with national standards on a 24-hour basis; c) traffic policing services by the municipality will not be prejudicially affected by the establishment of a municipal police service; d) proper provision has been made by the municipality to ensure civilian supervision of the municipal police service; and e) the establishment of the municipal police service will improve effective policing in that part of the province. 4

Functions of the Municipal Police According to Section 64E of the SAPS Act, the functions of a municipal police service are: • traffic policing, subject to any legislation relating to road traffic; • the policing of municipal by-laws and regulations which are the responsibility of the municipality in question; and • the prevention of crime. 5

Established Metro Police Services Johannesburg Metro Police Cape Town Metro Police EThekwini Metro Police Nelson Mandela Bay Metro Police Tshwane Metro Police Ekurhuleni Metro Police 6

Policy Areas The White Paper on Policing makes clear that while the Constitution provides for a Single Police Service (s199), it does not foresee the wholesale usurping of the powers of Municipalities. Streamlining the delivery of essential policing services particularly at a local level hinges on the establishment of an institutionalised structure at a national level that will facilitate collaboration and ensure implementation and compliance with agreed uniform national standards for discipline and training among others. This model of integrated policing does not advocate usurping the powers and functions of municipalities through the wholesale integration of Metropolitan Police Services into the SAPS. Rather, it is geared toward ensuring the overall operational command of the service, deepen effective oversight of the MPS and enable an optimal utilisation of public resources. Ultimately, greater emphasis must be placed on maximising the utilisation of law enforcement resources for effective and efficient policing. 7

Training Section 64L of the SAPS Act states that the National Commissioner may determine national standards of policing for municipal police services and, in addition to the training prescribed for traffic officers in terms of the Road Traffic Act, 1989 (Act 29 of 1989 ), determine national standards with regard to the training of members of municipal police services. The Committee should also probe in what areas there is joint training of members of the Metro police and the SAPS. Other areas of training should be considered with respect to joint operational planning and management of joint operations etc. Training in all aspects of observing the law and human rights must also be a consideration between the SAPS and the Metro Police. 8

Levels of Co-operation The Committee should enquire into a number of matters relating to the levels of co-operation between the SAPS and the Metro Police. The levels of co-operation between the SAPS and the Metro Police services should be examined with respect to a number of Service Levels Agreements signed by the SAPS National Commissioner and the Head of the Metro Police Service. Question In terms of section 64 C (2)(g) of the SAPS Act (as amended , 1998), the Annual Police Plan must be developed by the Executive Head of the Municipal Police Service, after consultation with the Provincial Commissioner. Has the Metro Police Annual Police Plan been approved and signed off by the Provincial Commissioner? 9

National Policing Standards The National Commissioner has developed National Standards on the following for the Metro Police: Domestic Violence Crowd Management MPS Arrest Management of crime scenes Occurrence Books Pocket Books Standard Forms and registers 10

Conclusion The Committee should probe the following areas: Training 1111 Conclusion The Committee should probe the following areas: Training Co-operation and joint operational collaboration Police brutality and civilian oversight over the police Crowd management Specialised Units Intelligence gathering 11

Questions? 12