Traffic cops in South Africa want more power

Metro police officers in South Africa have called for more investigative powers to allow them to pursue cases within their mandate.

These officials claim they would be able to fast-track cases and prosecutions related to by-law infringements and traffic offences should they be granted these competencies, as per EWN.

At present, only the South African Police Service (SAPS) may investigate criminal cases, and metro police officers are only allowed to detain suspects until the SAPS arrives to take them into custody.

Experts on the matter state that giving traffic officers the power to pursue criminals will need extensive changes to existing legislation.

It is currently not within the Constitution for metro police to investigate cases, according to criminologist Nirmala Gopal from the University of KwaZulu-Natal.

“If we have to now expand the mandate of metro police who fall within the local government authority, we [will] then need to take it back to the executive authority and have their mandate changed,” said Gopal.

The 2016 White Paper on Policing highlights that a regulatory framework must be established to confer limited investigative competencies for metro police to conduct investigations for preparation to submit to court.

“This is to include particular categories such as traffic-related matters, municipal by-laws, as well as crimes committed on and related to municipal assets or environment, such as theft and tender irregularities, amongst others,” said the paper.

Doing so will enable “professional and democratic policing in South Africa,” the paper claims.

SAPS Act amendment on the cards

Speaking to EWN, chairperson of the parliamentary portfolio committee on policing, Albert Mammoga Seabi, said that his department is in the process of amending the SAPS Act to allow metro police officials to investigate certain crimes.

However, he said that the current administration may run out of time before this can be completed.

“By the time the executives submitted the proposed amendment bill, looking at what is needed to amend, including consultations, doing hearings, we thought as the portfolio committee we will not have enough time until the end of the term,” said Seabi.

The amendment is labeled a priority and Seabi said that this will be communicated to the incoming seventh administration after the general elections on 29 May 2024.