South Africa: Amapanyaza - - Peace Officers or Apartheid-Era Kitskonstabels On an Uneasy Legal Footing?

The declaration of Gauteng's Crime Prevention Wardens (AmaPanyaza) as peace officers primarily makes them traffic wardens with very limited powers. The move fails to rectify their illegal establishment, political recruitment, lack of proper training, or inadequate command structure, creating a high risk that they will operate outside their legal boundaries.

Last Friday, the ministers of justice and of police (acting) announced that the Gauteng Crime Prevention Wardens, dubbed the AmaPanyaza, would be declared peace officers. Does this solve the problems with their establishment and continued existence? Will they support crime and safety, or is this an employment project reminiscent of the apartheid era "kitskonstabels"?

Both ministers, Mmamoloko Kubayi and Firoz Cachalia, respectively, pride themselves on their cooperative governance and "getting things done". This declaration was made two weeks after a meeting was held between the premier of Gauteng, Panyaza Lesufi, the ministers and other stakeholders. The Public Protector had found that their establishment, appointment and deployment were indeed outside the law. But does this declaration "as peace officers" fix the problem?

Traffic wardens

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The first point to make is that they will be, once properly qualified, not "crime prevention" wardens, but traffic wardens. This is because provinces have no powers in the policing of crime, but they do have powers in relation to traffic.

Hence, after passing the relevant training, being vetted and obtaining an appointment certificate from the national commissioner of police, each will be a "traffic warden" in terms of the National Road Traffic Act of 1996 (the...

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