Giving teeth to municipal police

Government gazette number 52844 published 10 June 2025 proposes sweeping changes to the powers of municipal police. In a nutshell, it proposes to extend the lists of laws and sections that metro police  are allowed to enforce under the South African Police Service Act of 1995.

This is important because these powers currently are the sole preserve of the South African Police Service (SAPS). Here's a breakdown of the proposed new powers for metro (and municipal) police:

• Stock Theft Act (1959): Municipal police can act in certain situations involving stolen livestock, like inspecting or investigating theft (specific subsections 3 and 7 of section 8, and all of section 9).
• Tear Gas Act (1964): They can enforce rules about the use of tear gas.
• Mental Health Care Act (2002): They can assist in situations involving mental health care, like helping transport someone to a facility.
• Criminal Procedure Act (1977): They have powers related to things like searching property, seizing items, taking fingerprints, or assisting with arrests in specific cases.
• Drugs and Drug Trafficking Act (1992): They can act in certain drug-related cases, like stopping or searching for illegal drugs (specific subsections only).
• South African Police Service Act (1995): They can perform certain duties, like crowd control or crime prevention, but some powers are limited to specific situations.
• Domestic Violence Act (1998): They can help enforce protection orders or assist victims of domestic violence, following national guidelines.
• Immigration Act (2002): They can detain someone suspected of being an illegal immigrant but must hand them over to the South African Police Service (SAPS).
• Second-Hand Goods Act (2009): They can inspect or investigate businesses dealing with second-hand goods to prevent crime, like the sale of stolen items.

There are some limitations to what metro police can do in these proposed changes. Here are some examples:

1. Conduct Full-Scale Criminal Investigations:
   • SAPS: Can lead comprehensive investigations into serious crimes like murder, robbery, or organised crime, including gathering evidence, interrogating suspects, and preparing cases for prosecution.
   • Municipal Police: Powers are limited to specific sections of laws, such as assisting with searches or seizures (e.g., Criminal Procedure Act sections 21, 22, 26). They cannot independently investigate complex crimes unless explicitly authorised in the gazette. Their role is often supportive, like securing a scene or handing over suspects to SAPS.
2. Enforce All Sections of Certain Laws:
   • SAPS: SAPS officers can enforce all sections of acts like the Stock Theft Act, Drugs and Drug Trafficking Act, or South African Police Service Act.
   • Municipal Police: They are restricted to specific subsections. For example:
     • Under the Stock Theft Act, they can only exercise powers in subsections 3 and 7 of section 8, and section 9, which relate to inspecting or seizing stolen livestock, not broader powers like arresting without a warrant in other subsections.
     • In the Drugs and Drug Trafficking Act, they’re limited to subsections 1(a), (b), (d), (g), and 2(a) of section 11, which cover things like searching for drugs in certain situations, but not the full range of drug enforcement powers (e.g., undercover operations).
3. Handle Immigration Cases Independently:
   • SAPS: SAPS can fully manage immigration-related cases, including detaining, investigating, and processing illegal immigrants under the Immigration Act (2002).
   • Municipal Police: They can detain a suspected illegal immigrant under section 41(1) of the Immigration Act, but they must immediately hand the person over to SAPS. They cannot investigate or process immigration cases further.
4. Execute High-Risk Operations:
   • SAPS: National police can conduct high-risk operations like raids, hostage rescues, or counter-terrorism activities, often involving specialized units like the Special Task Force.
   • Municipal Police: Their powers focus on routine policing tasks like crowd control, bylaw enforcement, or assisting with domestic violence cases. They lack authority for high-risk or specialized operations, which are not listed in the gazette.
5. Issue National-Level Directives or Policies:
   • SAPS: The National Commissioner of SAPS can issue national policing standards and instructions, as referenced in the gazette (e.g., for Domestic Violence Act enforcement under section 18).
   • Municipal Police: They must follow these national instructions and cannot set their own policies. For example, in the South African Police Service Act, section 13(8) references the National or Provincial Commissioner, but for municipal police, this is interpreted as the Executive Head of the MPS, limiting their authority to local execution only.
6. Arrest Without a Warrant in Broader Circumstances:
   • SAPS: SAPS officers have broader powers under section 40 of the Criminal Procedure Act to arrest without a warrant for a wide range of offenses, including serious crimes or when a suspect is likely to flee.
   • Municipal Police: While they have some powers under the Criminal Procedure Act (e.g., sections 21, 22, 26 for searches and seizures), the gazette does not explicitly grant them full arrest powers under section 40. Their arrest authority is typically tied to specific situations, like enforcing bylaws or assisting SAPS.
7. Manage Firearms and Explosives Regulations:
   • SAPS: SAPS has full authority to enforce the Firearms Control Act (2000) and Explosives Act, including licensing, inspections, and investigations into illegal firearms or explosives.
   • Municipal Police: The gazette does not grant them powers under these acts, so they cannot regulate or investigate firearms or explosives independently, except in supportive roles (e.g., handing over seized items to SAPS).
8. Conduct Forensic Analysis or Manage National Databases:
   • SAPS: SAPS has access to national forensic labs and databases (e.g., for fingerprints, DNA, or criminal records) and can use them for investigations.
   • Municipal Police: While they can take fingerprints under section 36B or 37(1) of the Criminal Procedure Act, they cannot analyse forensic evidence or access national databases directly. They must rely on SAPS for such tasks.

All told, I'm bullish on these proposed regulatory changes. Metro police until now have been glorified traffic cops, confined to enforcing municipal bylaws. The big win for me is the possibility that municipal authorities can now add an additional step in the chain of evidence for criminality; it will be quite difficult for dockets to go missing from national and municipal police at the same time. If fingerprints get lost by SAPS, there will now be copies at the metro police level.

Crucially, these are proposed regulations awaiting public comment after which government either finalise these rules or make changes. 

We, the public, have 58 days from today to send feedback. Send email to Major General M van Rooyen with comments.