Gauteng’s Amapanyaza Force Deemed Unlawful by Gcaleka

Gauteng’s Crime Prevention Wardens, popularly known as Amapanyaza, have been declared unlawful. Public Protector Advocate Kholeka Gcaleka released a report on Wednesday confirming the unit’s establishment and deployment violated the Constitution.

The investigation found the Gauteng Department of Community Safety created the Crime Prevention Wardens without a legal framework. This action directly encroached on national policing powers, which provinces are prohibited from exercising. The ruling validates earlier criticisms, including from KZN police commissioner Nhlanhla Mkhwanazi, who previously labeled the unit illegal.

Legal Framework Completely Absent

Advocate Gcaleka’s report was unequivocal. “The law neither empowers nor confers upon provincial government any authority to exercise policing powers,” she stated. The findings revealed that former Community Safety MEC Faith Mazibuko had attempted to have the Amapanyaza designated as peace officers in 2023 but failed to provide any legal basis. A subsequent technical committee also confirmed the unit had no legal authority for its operations.

The announcement came just hours after Gauteng Premier Panyaza Lesufi announced the unit would be withdrawn and repurposed. He insisted the decision was not due to criticism but to avoid ongoing intergovernmental disputes. Lesufi expressed frustration over having to constantly defend the wardens’ existence to various oversight bodies.

As detailed in the complete version, there are several key factors to consider.

Remedial Action and Way Forward

The Public Protector has issued binding remedial action. Premier Lesufi and the current MEC for Community Safety must regularize the appointment of the Crime Prevention Wardens as traffic wardens under the National Road Traffic Act within 180 days. They are also directed to enhance staff training and ensure legal compliance within 60 days. Furthermore, the provincial government must collaborate with the national ministers of police and justice to ensure all future operations are lawful.

The future of the Amapanyaza now hinges on their integration into other provincial departments, primarily as traffic officers. The Public Protector stressed that her recommendations are legally binding and must be implemented fully and on time, marking a significant recalibration of the province’s crime-fighting strategy.