Abstract
On 24 August 2012, the Premier of the Western Cape appointed a commission of inquiry, in terms of section 206(5) of the Constitution, to probe complaints of police inefficiency and a breakdown of relations between the community and the police in Khayelitsha, a township in the Western Cape. The Minister of Police and the National Police Commissioner challenged this decision and lodged an urgent application with the High Court of the Western Cape. The adjudication of this matter by the High Court and, subsequently, by the Constitutional Court, presented an opportunity for the courts to clarify the scope of provincial policing powers. This article analyses the courts’ interpretation of the scope of provincial policing powers and argues that the adjudication of this matter has clarified the powers of provinces with regard to policing. The article also examines impediments to the exercise of provincial executives’ policing powers.
Highlights
This article seeks to analyse the case of the commission of inquiry in Khayelitsha in the Western Cape and considers the implications for South African Police Service (SAPS) accountability to provincial governments in the future
On 24 August 2012, the Premier of the Western Cape appointed a commission of inquiry, in terms of section 206(5) of the Constitution, to probe complaints of police inefficiency and a breakdown of relations between the community and the police in Khayelitsha, a township in the Western Cape
The Minister of Police and the National Police Commissioner challenged this decision and lodged an urgent application with the High Court of the Western Cape. The adjudication of this matter by the High Court and, subsequently, by the Constitutional Court, presented an opportunity for the courts to clarify the scope of provincial policing powers
Summary
On 24 August 2012, the Premier of the Western Cape appointed a commission of inquiry, in terms of section 206(5) of the Constitution, to probe complaints of police inefficiency and a breakdown of relations between the community and the police in Khayelitsha, a township in the Western Cape. Minority decisions can contribute to the development of our jurisprudence of constitutional interpretation.[7] This case concerns the appointment of a commission of inquiry to probe allegations of police inefficiency and the breakdown of trust between the community and the police in the Western Cape. The Court, had the task of interpreting the powers of provinces with regard to policing, including that of appointing commissions of inquiry to investigate the SAPS.[13] The Court had to determine the extent of the duty of both the Premier and the Minister with regard to the principles of cooperative governance and inter-governmental relations, in the event of a dispute between two or more different spheres of government.[14]. This article seeks to contribute to the clarification of the role of provincial governments in policing matters
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
