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Roles of metro police, SAPS explained

A senior Tshwane municipal official has explained the different mandates of the metro police and the South African police.

A senior Tshwane municipal official has explained the different mandates of the metro police and the South African police.

Community safety MMC Karen Meyer said the constitutional functions of the SAPS were to prevent, combat and investigate crime, to maintain public order, to protect and secure the people of South Africa and their property, and to uphold and enforce the law.

The metropolitan police departments were established in terms of the SAPS Act, she said.

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“In terms of the act, the functions of metropolitan police departments like the TMPD, differ from the SAPS in a significant way and they are only empowered with three core functions, namely crime prevention, road traffic policing, and by-law enforcement.”

The metro police were therefore not mandated or empowered to combat and investigate crime, but various functions have been extended to them through regulations and sometimes by necessity, including the maintenance of public order and combating cable theft and illegal land invasions.

Meyer said in these and many other instances, the metro police played a complementary role to the SAPS.

“The TMPD fulfils the three functions for which it has extensive legal responsibility in various ways.

“Crime prevention is primarily done through visible policing, which includes patrols, and social crime prevention programmes, particularly in areas such as substance abuse.

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“Visible policing is also achieved through the other two functions, namely road traffic policing and by-law enforcement,” said Meyer.

“In other words, where the TMPD has a legal mandate to prevent crime before it occurs by reducing the opportunities to commit crime, the SAPS has the legal mandate and responsibility to proactively fight crime where it exists and to investigate crime once it has occurred. The TMPD plays a supporting role in this.

“Unfortunately, what the law says and what the reality is, is often two very different things and the TMPD has taken on additional roles and responsibilities, often without the resources or support to match these,” she said.

“By-law enforcement in particular requires the co-operation and support of other departments in the city.”

She said noise pollution, for example, had to be addressed with the department of health because environmental health practitioners were required to assess the levels of noise pollution with specialised equipment.

“The sale of liquor must be addressed with the department of economic development which is responsible for monitoring compliance with trading licences – in the case of liquor these are issued by the provincial department of economic development.

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“Finally, illegal land invasion requires the support and cooperation of the Department of human settlements and housing, legal services and the Department of community and social development services.

“This multi-agency nature of by-law enforcement makes it a challenging environment and responsibility,” Meyer said.

She said land invasion was particularly challenging because it required that the owner of the property be identified, that alternative accommodation be secured where reasonably possible, and that court orders were obtained prior to evictions could be effected.

“The important first point of call is always, however, that issues be reported, and that they be reported to the correct enforcement agency or level.

“The regional policing component of the metro police is a vital cog in the wheel in this regard,” said Meyer.

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