Municipal Police (South Africa)
Encyclopedia
In South Africa
, the Municipal Police are the separate police forces maintained by some municipalities
. Municipal police forces are responsible for traffic policing
and enforcing local bylaws within the municipality, and work in co-operation with the South African Police Service
to prevent crime and maintain public order. Municipal police forces exist in a number of major South African cities, including Cape Town
, Johannesburg
and Durban
.
: the force was headed by a Chief Constable
and was modelled on British police forces.
"Municipal police forces" were also established in some cities in the 1980s, during the apartheid era. According to the Truth and Reconciliation Commission
, these forces were not highly-regarded, and had a reputation for "high levels of excessive and inappropriate use of violence, often arising out of drunken behaviour, ill-discipline and personal vendettas".
provides:
The procedure for establishing a municipal police service is laid down in the South African Police Service Amendment Act of 1998. This Act allows municipalities to apply to the government of the relevant province
for permission to establish a municipal police service. The provincial Minister of Safety and Security may approve the application, after consultation with the National Commissioner of the South African Police Service
, if:
. The three statutory functions of municipal police services are:
Municipal police forces do not conduct criminal investigations. Any person arrest
ed by a the municipal police on suspicion of having committed a criminal offence must be handed over to a South African Police Service
station as soon as possible.
The biggest and most visible role of municipal police forces is traffic control
. In Johannesburg
, the municipal police made headlines when they announced a hunt for a man who was using the social networking site Twitter
to warn about police road blocks and speed traps, claiming that the man, known only as "PigSpotter", could be charged with obstructing justice.
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, the Municipal Police are the separate police forces maintained by some municipalities
Municipalities of South Africa
Municipalities in South Africa are a division of local government that lie one level down from provincial government, forming the lowest level of democratically elected government structures in the country. The foundation for this layer of government is set out in Chapter 7 of the Constitution of...
. Municipal police forces are responsible for traffic policing
Traffic policing
Traffic policing is the process of monitoring network traffic for compliance with a traffic contract and taking steps to enforce that contract. Traffic sources which are aware of a traffic contract may apply traffic shaping to ensure their output stays within the contract and is thus not discarded...
and enforcing local bylaws within the municipality, and work in co-operation with the South African Police Service
South African Police Service
The South African Police Service is the national police force of the Republic of South Africa. Its 1116 police stations in South Africa are divided according to the provincial borders, and a Provincial Commissioner is appointed in each province...
to prevent crime and maintain public order. Municipal police forces exist in a number of major South African cities, including Cape Town
Cape Town
Cape Town is the second-most populous city in South Africa, and the provincial capital and primate city of the Western Cape. As the seat of the National Parliament, it is also the legislative capital of the country. It forms part of the City of Cape Town metropolitan municipality...
, Johannesburg
Johannesburg
Johannesburg also known as Jozi, Jo'burg or Egoli, is the largest city in South Africa, by population. Johannesburg is the provincial capital of Gauteng, the wealthiest province in South Africa, having the largest economy of any metropolitan region in Sub-Saharan Africa...
and Durban
Durban
Durban is the largest city in the South African province of KwaZulu-Natal and the third largest city in South Africa. It forms part of the eThekwini metropolitan municipality. Durban is famous for being the busiest port in South Africa. It is also seen as one of the major centres of tourism...
.
History
Municipal policing in South Africa has a long history. The Durban City Police was created in 1854 to police the city of DurbanDurban
Durban is the largest city in the South African province of KwaZulu-Natal and the third largest city in South Africa. It forms part of the eThekwini metropolitan municipality. Durban is famous for being the busiest port in South Africa. It is also seen as one of the major centres of tourism...
: the force was headed by a Chief Constable
Chief Constable
Chief constable is the rank used by the chief police officer of every territorial police force in the United Kingdom except for the City of London Police and the Metropolitan Police, as well as the chief officers of the three 'special' national police forces, the British Transport Police, Ministry...
and was modelled on British police forces.
"Municipal police forces" were also established in some cities in the 1980s, during the apartheid era. According to the Truth and Reconciliation Commission
Truth and Reconciliation Commission
The Truth and Reconciliation Commission was a court-like restorative justice body assembled in South Africa after the abolition of apartheid. Witnesses who were identified as victims of gross human rights violations were invited to give statements about their experiences, and some were selected...
, these forces were not highly-regarded, and had a reputation for "high levels of excessive and inappropriate use of violence, often arising out of drunken behaviour, ill-discipline and personal vendettas".
Legal basis
Section 206 of the Constitution of South AfricaConstitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
provides:
The procedure for establishing a municipal police service is laid down in the South African Police Service Amendment Act of 1998. This Act allows municipalities to apply to the government of the relevant province
Provinces of South Africa
South Africa is currently divided into nine provinces. On the eve of the 1994 general election, South Africa's former homelands, also known as Bantustans, were reintegrated and the four existing provinces were divided into nine. The twelfth, thirteenth and sixteenth amendments to the constitution...
for permission to establish a municipal police service. The provincial Minister of Safety and Security may approve the application, after consultation with the National Commissioner of the South African Police Service
South African Police Service
The South African Police Service is the national police force of the Republic of South Africa. Its 1116 police stations in South Africa are divided according to the provincial borders, and a Provincial Commissioner is appointed in each province...
, if:
- The application submitted by the municipality complies with the requirements laid down in the Act.
- The municipality has the resources at its disposal to provide for a MPS which complies with national policing standards on a 24-hour basis.
- The establishment of a MPS will not negatively affect traffic policing.
- Provision has been made for civilian supervision of the MPS.
- The MPS will contribute to effective policing in that part of the province.
Jurisdiction and powers
The powers and responsibilities of South African municipal police are more restricted than those of the South African Police ServiceSouth African Police Service
The South African Police Service is the national police force of the Republic of South Africa. Its 1116 police stations in South Africa are divided according to the provincial borders, and a Provincial Commissioner is appointed in each province...
. The three statutory functions of municipal police services are:
- Traffic policingTraffic policingTraffic policing is the process of monitoring network traffic for compliance with a traffic contract and taking steps to enforce that contract. Traffic sources which are aware of a traffic contract may apply traffic shaping to ensure their output stays within the contract and is thus not discarded...
- Enforcement of municipal bylaws and regulations
- Preventing crimeCrimeCrime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
Municipal police forces do not conduct criminal investigations. Any person arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
ed by a the municipal police on suspicion of having committed a criminal offence must be handed over to a South African Police Service
South African Police Service
The South African Police Service is the national police force of the Republic of South Africa. Its 1116 police stations in South Africa are divided according to the provincial borders, and a Provincial Commissioner is appointed in each province...
station as soon as possible.
The biggest and most visible role of municipal police forces is traffic control
Traffic control
Road traffic control involves directing vehicular and pedestrian traffic around a construction zone, accident or other road disruption, thus ensuring the safety of emergency response teams, construction workers and the general public....
. In Johannesburg
Johannesburg
Johannesburg also known as Jozi, Jo'burg or Egoli, is the largest city in South Africa, by population. Johannesburg is the provincial capital of Gauteng, the wealthiest province in South Africa, having the largest economy of any metropolitan region in Sub-Saharan Africa...
, the municipal police made headlines when they announced a hunt for a man who was using the social networking site Twitter
Twitter
Twitter is an online social networking and microblogging service that enables its users to send and read text-based posts of up to 140 characters, informally known as "tweets".Twitter was created in March 2006 by Jack Dorsey and launched that July...
to warn about police road blocks and speed traps, claiming that the man, known only as "PigSpotter", could be charged with obstructing justice.