Public Protector Releases Report Into Irregularly-Established AmaPanyaza

• The Public Protector, Kholeka Gcaleka, released a report which found that Gauteng Premier Panyaza Lesufi irregularly established the Crime Prevention Wardens
• KwaZulu-Natal Police Commissioner testified in Parliament that they were illegally established, and Lesufi defended them
• The Public Protector made recommendations that the Crime Prevention Wardens must be retained as traffic wardens in the province

With 10 years’ experience, Tebogo Mokwena, Briefly News’ Deputy Head of the Current Affairs desk, South Africa, provided insights into the criminal justice system, crime statistics, commissions of inquiry, and high-profile cases in South Africa at Daily Sun.

GAUTENG — The Public Protector has found that the Gauteng Crime Prevention Wardens were illegally established and has ordered the Gauteng Provincial Government to disband them and train them as Traffic Wardens.

According to the report, the Public Protector, Kholeka Gcaleka, found that when the Crime Prevention Wardens, known as AmaPanyaza, were formed, the Gauteng Provincial Government did not establish them based on any supportive framework. She further found that the application made by then MEC of Community Safety, Faith Mazibuko, to the then Minister of Justice and Constitutional Development, Ronald Lamola, to designate them as peace officers was not accompanied by legislation which would empower the department to designate them as such.

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What does the law say?

According to the Public Protector, Section 41(1)(f) of the Constitution states that all spheres of government and all state organs' power or function outside of what the Constitution confers on them. The report also found that the Department of Justice and Constitutional Development acted irregularly.

"The Department's conduct of establishing, appointing, deploying, and allowing CPWs to participate in operations with SAPS or other law enforcement agencies, without supporting legal authority empowering them to conduct crime prevention duties and enjoy powers in section 40(1)(a) of the Criminal Procedure Act, was irregular," Gcaleka said.

What did the Public Protector recommend?

The Public Protector recommended that the AmaPanyaza must be retained in the province as traffic wardens for six months after the report. She also recommended that the Gauteng Department of Community Safety must put measures to prevent any further delays in their retention as traffic wardens within 30 days. The department's Head of Department must make sure that relevant legal personnel in the Department must be trained and educated to perform their functions efficiently. She said the Wardens will cease to exist in their current form.

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On 12 December 2023, Panyaza Lesufi announced that the Crime Prevention Wardens were designated as traffic officials. They said that he met with Lamola, who designated them as Gauteng Provincial Traffic Officers.

However, KwaZulu-Natal's provincial Commissioner General Nhlanhla Mkhwanazi testified before Parliament's Ad Hoc Committee. He stated that the wardens were illegally formed and presented legal evidence during a meeting of provincial commissioners. Lesufi defended the wardens against Mkhwanazi's statements.

Crime Prevention Wardens attacked

In a related article, Briefly News reported that a video of an attack on Crime Prevention Wardens went viral in September 2024.

The incident happened during a standoff between the Crime Prevention Wardens and members of the Reiger Park, Ekuruleni, community.

Source: Briefly News