Minister of Police asked to clip DA ‘sheriff’ of Cape Town’s wings

2 March 2022

GOOD Party MP Brett Herron has asked the Minister of Police to explain the City of Cape Town's role in investigating organised crime, and what the Minister plans to do to reign in rogue policing structures conducting unlawful investigations and operating as a third force.

In a follow-up question to Minister Bheki Cele in Parliament today, after the Minister confirmed that Cape Town's Safety and Security Investigations Unit had not been established in terms of the Police Act, Herron said he had seen photographs of extracts from the unit's files indicating it was gathering intelligence on some of the most infamous names in organised crime.

The extracts further referred to the City's political leadership engaging with a foreign police agency, the FBI.

The Police Act dictates that Organised Crime is either investigated by the Hawks or the SAPS. Crime Intelligence is a function of the SAPS, too.

In Cape Town, however, Mayoral Committee Member for Safety and Security Councillor, JP Smith, appears to be a law unto himself. The SSIU is but one of a number of well-equipped specialised "units" reporting to Smith. There are no external or objective mechanisms to measure the successes or failures of these units in reducing crime.

"What is the City's role in investigating alleged criminal masterminds, several of whom are presently facing serious charges in court? Is Smith's unit running parallel investigations? Is the City working with SAPS or against it," Herron wants to know?

Regardless of what the DA-led City of Cape Town says on the matter, it knows the Unit is unlawful because its own Speaker of Council obtained a legal opinion making this abundantly clear.

Extracts of its legal opinion include these questions and answers:

Question: "Is the Metro Police permitted to put structures into place to conduct criminal investigations and investigations related to fraud?"
Answer: "No, as this will clearly fall outside the mandate of the Metro Police."

Question: "Is the Metro Police permitted to establish an investigation unit which investigates councillors or officials who are involved with alleged fraud and corruption or are these matters for the SAPS to investigate?"
Answer: "No"

Question: "Is Metro Police permitted to investigate any criminal or fraudulent activities?"
Answer: "The Metro Police has no mandate to investigate crime but its power to prevent crime may in some instances lead to the discovery of evidence relating to crimes, including criminal and fraudulent activities, which evidence must then be handed over to the SAPS."

The GOOD Party supports the devolution of appropriate policing powers to municipalities. But cities can't willy-nilly establish policing structures mimicking the functions of national police.

We welcome Minister Cele's commitment to work cooperatively with the Premier of the Western Cape and Mayor of Cape Town to fix the illegality. We ask that the Minister clarifies what functions of policing should be conducted at municipal level and if either the Act or Regulations required amendment.

Cape Town and the Western Cape have massive organised crime problems. Organised crime flourishes where gangsters and criminal networks have protection within law-enforcement structures.

A rogue policing unit, unaccountable to the country's legal law-enforcement structures, and acting without lawful powers, was not the answer to developing safer communities, Herron said.

Issued by Brett Herron, Secretary-General & Member of Parliament, GOOD, 3 March 2022