Cape Town Seeks Greater Metro Police Crime Investigation Powers In Dispute With Acting Police Minister

Cape Town has formally declared an intergovernmental dispute with Acting Police Minister Firoz Cachalia in a renewed push to grant Metro Police officers the authority to investigate certain criminal offences.

The dispute, filed under the Intergovernmental Relations Framework Act, follows years of unsuccessful engagements between the City and successive Police Ministers over expanding the role of municipal policing. The move initiates a formal mediation process aimed at resolving the issue without court action.

Mayor Geordin Hill-Lewis said the City wants Metro Police to play a greater role in supporting the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) in tackling violent crime.

Cape Town Wants Metro Police To Investigate Serious Crime

Cape Town argues that Metro Police should be empowered to investigate gang, firearm and drug-related crimes instead of limiting their role to arrests and handing over evidence to SAPS.

“We refuse to accept that communities must live in daily fear of gang, gun, and drug crime. The time has come to ‘catch and convict’, which our Metro Police stand ready to do in support of SAPS and the NPA,” Hill-Lewis said.

The mayor said SAPS remains under immense pressure and that every available policing resource should be utilised to improve public safety.

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He added that Metro Police officers recover hundreds of illegal firearms each year but are unable to compile criminal dockets for prosecution.

“Put simply, when a metro police officer confiscates an illegal gun – and we take over 400 of these off the streets annually – the City should be empowered to build a successful docket for prosecutors to gain a conviction,” Hill-Lewis said.

Metro Police Powers Could Depend On SAPS Act Amendments

The City maintains that its officers already possess the necessary training and technology to contribute meaningfully to criminal investigations. However, Hill-Lewis said previous Police Ministers had failed to prioritise legislative changes.

“The City has appropriately trained officers and technology that will strengthen crime investigations, but successive Police Ministers have shown no urgency to expand these powers for Metro Police,” Hill-Lewis said.

According to the City, Section 205 of the Constitution allows policing functions to be exercised within local government where appropriate, but the current SAPS Act does not permit Metro Police to conduct criminal investigations.

Hill-Lewis said amendments to the SAPS Act could resolve the issue during the current parliamentary process.

“Crime investigation powers can be expanded to Metro Police within months if we can achieve the necessary SAPS Act amendments via formal dispute mediation and the current parliamentary process.

''If not, the City will seek a court order declaring section 64E of the SAPS Act unconstitutional,” he said.

The mayor said the City first submitted a detailed proposal to former Police Minister Bheki Cele in 2022 and later continued discussions with Cachalia after his appointment as Acting Police Minister.

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He said the City remained hopeful after providing additional information requested by Cachalia, but was disappointed when the proposed amendments were not included in the latest SAPS Amendment Bill.

“Hopeful that we were now getting somewhere, I again wrote to the Acting Minister in February this year to ask for an urgent way forward on crime investigation powers for Metro Police.

''The Acting Minister wrote back in April stating that a SAPS Act amendment would be needed, but failed to include this in the Bill he recently tabled in Parliament. This was yet another opportunity squandered, which has now led to us lodging this dispute,” Hill-Lewis said.

LEAP Programme Cited As Proof Metro Police Can Do More

The City says previous expansions of municipal policing powers have already demonstrated positive results. Mayoral Committee Member for Safety and Security, Alderman JP Smith, pointed to the Law Enforcement Advancement Plan (LEAP) as an example.

“Previously, Municipal Peace officers were granted additional crime prevention powers in 2018 that led to the establishment of LEAP, which has without a doubt proved that local government can make a significant impact when given the opportunity,” Smith said.

Smith highlighted a recent LEAP operation in Nyanga during which officers seized four semi-automatic rifles, saying it underscored the programme's impact in high-crime communities.

“Recently LEAP made a significant arrest while confiscating four semi-automatic rifles in Nyanga, again reminding all of the crucial role they play within our most vulnerable communities,” Smith said.

He added that Cape Town continues investing in policing technology, including drones, body-worn cameras, dashcams, CCTV systems, automated number plate recognition technology and the City's EPIC digital policing platform.

Parliament's Portfolio Committee on Police is expected to consider the SAPS Amendment Bill on 5 August.