South African Police Amendment Bill: discussion

Meeting report

JOINT MEETING BETWEEN THE PORTFOLIO COMMITTEE ON SAFETY AND SECURITY AND SELECT COMMITTEE ON SECURITY AND JUSTICE
20 May 1998
SOUTH AFRICAN POLICE AMENDMENT BILL [B39-98]: DISCUSSION

Documentation handed out:
South African Police Service Amendment Bill [B39-98]
This Bill can be accessed from http://www.polity.org.za/gnuindex.html

Various discussions occurred surrounding the Bill. The committee was informed that legislation would be delayed until the next parliamentary quarter. Also there was a problem with the tagging mechanism of the Bill as the committee thought it should be a Section 76 Bill and the law advisors thought it should be a Section 75 Bill.

Three questions which the committee asked were:
1) Where does the municipal police's allegiance lie? This question was not answered.
2) How does one prevent "slip-up" cases from occurring? The answer given was that the alleged perpetrators were taken straight to the police station after they were arrested. This prevented any escapes from occurring while in the hands of the municipal police.
3) Regarding community involvement, the Bill does not make explicit provision for that forum. In reply, it was said that the Bill does give a hint of community involvement in S 64C 2(d) and S 64J. This might have to be worked on, so that community involvement becomes clearer in the Bill.

Concerning retired police who took the severance package, it was asked whether they could join the municipal police service. The answer given was that presently they could join the service. It was added that the Bill might have to be amended to prevent this from occurring.

An official from the Department of Transport said that the functions of the municipal police service must be more specific to prevent duplication of work done by traffic officials.

These minutes are an incomplete record of the meeting.

Annexure 1:
DEPARTMENT OF TRANSPORT

Memorandum to the Portfolio Committee on Safety and Security (National Assembly)

1. The following were agreed to by the National Task Group on Municipal Police Services at the public hearing on the South African Police Service Amendment Bill held on 20 May 1998:

(a) That section 64C(2) of the Bill be amended to include amongst the functions of the Executive head of a municipal police service, the responsibility to ensure that traffic policing services by the municipality will not be prejudicially affected by the establishment of a municipal police service; and

(b) that the regulations to be drafted under section 64A (2) (a) shall include the requirement that the organisational structure and the manner in which traffic policing will be dealt with by the municipal police, be submitted to the MEC with the application contemplated in that section, to satisfy the MEC for the purposes of paragraph (c) ("(c) traffic policing services by the municipality will not be prejudicially affected by the establishment of a municipal police service;") of that section.

Deidrè Briesch
DlRECTOR-GENERAL: TRANSPORT
DATE: 20 MAY 1998