Constitution of the Western Cape, 1997/Chapter 8

by enacted by the Western Cape Provincial Parliament

Chapter 8

Police

Policing functions of Western Cape government

66.

(1)

The Western Cape government is entitled—

(a)

to monitor police conduct;

(b)

to assess the effectiveness of visible policing;

(c)

to oversee the effectiveness and efficiency of the police service, including receiving reports on the police service;

(d)

to promote good relations between the police and the community; and

(e)

to liaise with the national Cabinet member responsible for policing with respect to crime and policing in the Western Cape.

(2)

In order to perform the functions set out in subsection (1), the Western Cape government—

(a)

may investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community; and

(b)

must make recommendations to the national Cabinet member responsible for policing.

Powers of Provincial Parliament

67.

(1)

The Provincial Parliament may pass legislation necessary to carry out the functions listed in section 66(1).

(2)

The Provincial Parliament may require the provincial commissioner of police for the Western Cape to appear before it or any of its committees to answer questions.

(3)

The Provincial Parliament must receive an annual report from the provincial commissioner on policing in the Western Cape.

Executive responsibility

68.

(1)

The Provincial Cabinet is responsible for policing functions—

(a)

vested in it by this Constitution or provincial legislation;

(b)

assigned to it in terms of national legislation; and

(c)

allocated to it in the national policing policy.

(2)

The Provincial Cabinet—

(a)

must determine, and convey to the member of the national Cabinet responsible for policing, the policing needs and priorities of the Western Cape;

(b)

may lodge a complaint about any misconduct of, or any offence committed by, a member of the police service in the Western Cape, with the national independent police complaints body established by national legislation; and

(c)

must participate in the committee composed of the national Cabinet member and the Provincial Ministers responsible for policing established by the national Constitution to ensure effective co-ordination of the police service and effective co-operation between the national and provincial spheres of government.

Provincial commissioner of the police service

69.

(1)

Before the Provincial Cabinet concurs in the appointment of a provincial commissioner of police, as required by the national Constitution, it may require any candidates or nominees for the appointment to appear before it or a committee of its members.

(2)

If the provincial commissioner has lost the confidence of the Provincial Cabinet, it may institute appropriate proceedings for the removal or transfer of, or disciplinary action against, that commissioner, in accordance with national legislation: Provided that, save in exceptional circumstances, the Provincial Cabinet must require the provincial commissioner to appear before it or a committee of its members before instituting those proceedings.