Kaapse Forum to litigate for provincial referendum on police powers

The Cape-based civil organisation has several other community safety initiatives planned, including the investigation of SAPS role in the assassination of Lt. Col. Charl Kinnear

Newsroom

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Newsroom

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November 25, 2023

Kaapse Forum to litigate for provincial referendum on police powers

Kaapse Forum (KF), a civil rights organization based in the Cape, has renewed their calls for a referendum on the devolution of policing powers. The organisation has several new initiatives planned to aid in community safety and security in the new year.

The statement comes as the national government announces their intention to strip the Metropolitan police services of their powers to fight serious crimes, and make them subservient to SAPS governing structures.

KF has made moves to pressure the national government to align national legislation with the constitutional guarantees of provincial premiers’ rights to hold referendums.

They were recently instructed by the Constitutional Court to approach the governments of other provinces for their opinion, and has received no objections, meaning that the case will likely go ahead early next year.

The Constitutional Court has the right to amend legislation in various ways, not only by ruling sections or whole Acts unconstitutional, but also to read in functions guaranteed by the constitution but not present in the Acts of Parliament.

KF has also recruited AfriForum's private prosecution unit to investigate the murder of Lt. Col. Charl Kinnear, who was killed in front of his home in a target assassination in Bishop Lavis on September 18, 2020.

This move follows a meeting between KF representatives, Adv. Gerrie Nel, head of the prosecution unit, and members of the Kinnear family. Kaapse Forum criticizes the lack of progress in the SAPD's disciplinary action and calls for decentralized policing powers.

While the investigation into the gang connections to Kinnear’s murder is in the public eye, SAPS has ringfenced the investigation into the police collaborators in the crime and allowed it to go cold. It is this component of the investigation which Kaapse Forum and the Kinnear family are trying to kickstart.

KF has also raised concerns over the South African Police Service's (SAPS) lack of radio communication equipment in the Western Cape for over 13 years, and has demanded answers from the state's information technology agency (SITA) regarding the absence of maintenance and upgrades to the SAPS radio network, which is largely based on outdated 1980s technology which is easily compromised in operational settings.

Reports indicate SAPS members resorting to WhatsApp messages and locators for backup due to these communication equipment deficiencies. A letter has been sent to SITA's acting managing director, Molatlhegi Kgauwe, addressing the issue.

KF pledges vigilance on the matter, hinting at potential legal action if the situation is not addressed promptly.

KF has also focused their energy on GBV, in a pilot program in Mosselbaai.

The Western Cape, with less than 20,000 police officers and 2,587 detectives, faces serious staffing and infrastructure challenges in police stations.

Despite the dramatic increase in violent crime, the Department of Public Works and Infrastructure prioritizes new police stations in areas without facilities, over upgrades and staffing augmentations.

Activists highlight issues like outdated infrastructure, flooding cells, and inadequate resources in existing police stations. Police stations like Sea Point rely on decades-old systems; Muizenberg faces repair delays due to high costs. New stations are planned for Belhar, Kleinvlei, Makhaza, and Elands Bay, but existing stations are falling behind in basic maintenance and equipment standards.

MPL Reagan Allen notes urgent needs, lack of national government urgency, and provides construction timelines for new stations. Community groups, including Cape Forum, write to the State Information Technology Agency (SITA) about police challenges.

Police spokespersons avoid public discussion on resource shortages, redirecting queries to the Department of Public Works and Infrastructure.

Bernard Pieters, Manager of Community Activation, highlights the importance of addressing issues like violence and poverty, expressing commitment to ongoing projects.

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