Cape Town Mayor Geordin Hill‑Lewis has urged Acting Police Minister Firoz Cachalia to act decisively and amend the SAPS Act Amendment Bill to provide Metro Police with investigative powers, following the minister’s remark that he has an “open mind” on the matter. The comments were made as the Police Portfolio Committee this week reviews the bill.
Mayor calls for legislative change and mediation
In a statement responding to the minister’s remarks, Hill‑Lewis said he had initiated formal intergovernmental dispute procedures and expects dates from the minister’s office to commence mandatory mediation.
“We must make full use of all policing resources in Cape Town as SAPS are under severe pressure and really do need our Metro Police’s help to gain more convictions for gang, gun and drug crime,” the mayor said.
The mayor described Cachalia’s comment about needing to “build a cross party consensus” as unnecessary. He said the minister, as the national authority, should show leadership by amending the bill rather than seeking further consensus-building that, Hill‑Lewis suggested, could delay necessary change.
Arguments and constitutional concerns
Hill‑Lewis said he rejected suggestions that proposals advanced by the City of Cape Town might conflict with section 205 of the Constitution. He said any interpretation by SAPS of that section had not been communicated to the City despite numerous engagements and correspondence.
The mayor framed the dispute as a practical response to rising pressure on SAPS resources and a necessity to improve the “catch and convict” rate for serious crime. He argued that Metro Police are prepared to support both SAPS and the National Prosecuting Authority (NPA) if given expanded powers.
What is at stake
The outcome of the current parliamentary review and any subsequent change to the SAPS Act will determine whether municipal Metro Police services can be authorised to conduct criminal investigations beyond traffic and by‑law enforcement. Proponents say investigative powers would allow metros to assist with gang, firearm and drug investigations in high‑crime urban areas; critics caution on constitutional division of policing functions and oversight.
Key issues in the dispute include:
- Whether the SAPS Act should be amended to authorise Metro Police to conduct criminal investigations.
- How investigative powers would be regulated and overseen to ensure constitutional compliance with section 205.
- Intergovernmental processes — including mediation — to resolve differences between national and municipal policing authorities.
| Actor | Position / Role |
|---|---|
| Firoz Cachalia | Acting Police Minister — said he has an “open mind” to metro investigative powers |
| Geordin Hill‑Lewis | Cape Town Mayor — urging amendment of the SAPS Act Amendment Bill and mediation |
| SAPS | Has raised constitutional concerns about proposals impacting section 205 |
Hill‑Lewis said the declared intergovernmental dispute presents an opportunity to resolve the matter without recourse to the courts, and to prioritise the safety of residents.
Parliament’s Police Portfolio Committee is currently reviewing the SAPS Act Amendment Bill; the committee’s deliberations will play a central role in any legislative change. Hill‑Lewis’s intervention signals that at least one major metro intends to press for immediate amendments to expand municipal policing capacity.
Any amendment will need to balance operational crime‑fighting needs with constitutional limits on the division of policing powers and appropriate oversight mechanisms. The minister’s next steps — whether to table amendments, convene mediation or seek broader consensus — will determine the legislative timetable and the policy environment for Metro Police across the country.
As the parliamentary review progresses, the intergovernmental dispute mechanism and the Police Portfolio Committee’s hearings will be the immediate forums where these competing legal and operational concerns are negotiated.
