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Wed May 22 16:04:03 SAST 2013

Rough ride for police probe

Mthethwa takes aim at Zille's plan

PHILANI NOMBEMBE | 19 June, 2012 00:02
Police minister Nathi Mthethwa.
Image by: File photo. / Avusa

A new row is looming between the Western Cape government and Police Minister Nathi Mthethwa - this time over the province's planned commission of inquiry into policing on the Cape Flats.

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Social Justice Coalition asked Premier Helen Zille in October to establish the commission to investigate alleged police inefficiency and the state of the justice system in Khayelitsha.

It claimed shoddy police work led to cases being thrown out of court and frustrated residents were taking the law into their own hands.

When Zille announced on Friday that her cabinet had, in principle, endorsed the establishment of the commission, Mthethwa hit back.

Zille said: "It was decided that there are adequate prima facie grounds to warrant this step.

"The latest sets of complaints have been sent to the police for their comment."

Zille said the police had until tomorrow to respond.

Nine people, alleged to have robbed residents, have been brutally murdered in vigilante attacks in Khayelitsha this year.

Zweli Mnisi, Mthethwa's spokesman, yesterday described the proposal as "disturbing", accusing Zille of acting for political reasons.

"As the ministry we always encourage oversight on the police but people must not do so for narrow political reasons," said Mnisi.

"We will reach out to the premier's office and get clarity and, based on that, we will decide whether to take legal advice on its constitutionality."

In an open letter to Zille on Friday, the non-governmental organisation said that, though crime, particularly murder, was on the decrease across South Africa, Khayelitsha had experienced the opposite - 283 murders in 2008-2009, 290 in 2009-2010 and 310 in 2010-2011.

"Each day our friends and neighbours are robbed, beaten, raped and murdered. We cannot walk to communal toilets or public transport without fear of falling victim to crime.

"When we try to report crimes to seek justice, we are turned away from police stations or treated very poorly."

This is not the first time that Mthethwa has opposed security initiatives in Western Cape.

He clashed with the province earlier this month over its Community Safety Bill, which would grant the province more powers to monitor police. The bill would also allow for the creation of a police ombudsman.

Mthethwa labelled the bill "unconstitutional".

Community safety MEC Dan Plato wants the return of specialised police units to fight gangs and drug traffickers.

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SecretVoice

Posted 337 days ago
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The minister has no pride left whatsoever. Instead of applauding the efforts to improve the SAPS he sabotage it. Who is he protecting and why ???
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Timbuck9

Posted 337 days ago
SAPS has become a JOKE...

Is South Africa FUCT UP or what?

Police Minister taking sides of the criminals when a LEGIT province Premier wants to TAKE ACTION against troubling CRIMINALS.... when NO ACTION is forthcoming from the National Police Force...

Yep... SOuth Africa has it's PRIORITIES ALL FUCT UP!

Stirrer

Posted 337 days ago
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Nutty Mthethwa clearly has no respect for the communities his police are supposed to protect!

IHateThem

Posted 337 days ago
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yo

Romy

Posted 337 days ago
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As usual Helen Zille now being caught between a rock and a hard place, wanting to improve the lives of people in Khayelitsha but having obstacles put in the way by National Government. The majority of Khayelitsha residents are ANC supporters but the DA has pledged to help all residents of the Western Cape irrespective of who they vote for. It seems that the ANC don't want to help the people for vote for them! Hopefully when the next elections come around the people of Khayelitsha will remember this, and support the people who genuinely care about their lives. I can't help wondering if the police are deliberately treating people in the WC poorly to 'punish' the DA and make it seem as if the DA are responsible for the spiraling crime and bad policing. How low can you go?
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deebee

Posted 337 days ago
I couldn't agree more. The ANC have reduced themselves from liberation heroes to the enemy of the people in 10 short years: ever since Thabo Mbkei declared that AIDS did not exist and that it was open season for cadres to loot the fiscus, the ANC and their filthy deployed thieves have become the single biggest obstacle to 'A Better Life for All'. They remind me more and more, every day of the governing elite in George Orwell's 1984: if they something it must be true, and if it's true, it must be believed, and if you question the truth, you're an enemy of the state and must be dealt with. Scum.
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SecretVoice

Posted 337 days ago
Trust me policing is poor to non existant throughout the country.
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deebee

Posted 337 days ago
@SecretVoice:

I couldn't agree more - my comment was national more than regional, although you have to wonder why the minister is so dead set against this initiative in the province not under their control...
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DonaldKnight

Posted 337 days ago
I also thought so...after all, who is actually playing politics here? If the police were doing their job properly, without fear or favour, there would be no need for the Premier to intervene. I think the ANC is obstructing this because it's a DA province. The ANC Minister of Police should be fired.

mzansi-wanda

Posted 337 days ago
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Funny how many of you use constitutional supremacy when it's expedient for your agendas and ignore same when not expedient.

Section 2 of the Constitution provides: The Constitution is the supreme law of the Republic; law or CONDUCT (my emphasis) inconsistent with it is invalid and the obligations imposed by it must be fulfilled".

Section 84(2)(f) states that: " The President is responsible for appointing commissions of inquiry". It follows that powers to appoint inquirys can be delegated or be deemed to delegated to Exec members i.e Ministers not Premiers by the President.

It is axiomatic that conduct contrary to these provisions is afoul of the constitution and is suspectable to judicial review and will inevitably be assailed. Now why lambast the Min for highlighting this obvious fact?

Like I said with the Youth Subsidy issue we should not let our blatant dislike (or even hate) of certain individuals/parties soil our reasonning. It exposes double standards which give credence to the view that the main opposition party cannot be trusted.

By the way, Min Mthetwa is not one of my favourite characters. If I am to choose between principle and individuals, I will always choose principle. It is objective.
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Theye

Posted 337 days ago
You have to ask yourself if it was not Min Mthetwa and the ANC who quickly quotes the constitution as a defence when they are exposed as useless creatures who are not doing their jobs. Desperate times call for desperate measures. The DA must push ALL the boundries to protect the citizens of this country against the criminals that are lead by the ANC crime syndicate. There are no boundries against a fascist goverment, violence is the only way to conquer fascism. The ANC got a big wake up call when the DA members marched in JHB. We are preparing to fight back. We will NOT lay down to be trampled on
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Romy

Posted 337 days ago
Helen Zille has said that the Western Cape government cannot and will not act outside the boundaries of the law and the constitution, that is why they have agreed to the appointment of the judicial Commission of Enquiry only "in principle". They are unable to proceed without the co-operation of National Government, and in the meantime the crime situation in Khayelitsha is spiralling out of control. I think that perhaps the Social Justice Coalition should have approached National Government because it is they who have dragged their feet for more than 6 months and it is they who have the power to alleviate the situation. Please understand that some of us are guided by frustration and despair, and genuine compassion for the people who are suffering as a result of this dithering on the part of National Government. I do believe that there are people in National Government who are principled and who do care, but why are they so silent?
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m1si2zi3nzo4

Posted 337 days ago
Wow! What a myopic interpretation of the constitution. Please, even without searching for the reasons why a constitution, instead of a myriad of laws passed daily by semi-literate parliamentarians, read it from Chs 147 - 150. You might have to begin with a lesson on the Interpretation of Statutes, first, because laws are not novels.

But understand that our constitution demands a purposive interpretation, as an instrument seeking to advance a nation from racist past, into an equal future. Equality, the cornerstone of the constitution, is also in terms of provision of safety, and security, throughout provinces, ANC or not ANC.

Remember a constitution is like a bible, it can be quoted to justify doing good as well as evil.
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DuaneHamann

Posted 337 days ago
Your post - What a load rubbish - Malema aka mzansi-wanda

m1si2zi3nzo4

Posted 337 days ago
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People have grown so used to the idea that government has the concerns of people at heart. Their expectation of some sense from the government, blinds them from its most obtuse actions and utterances. Zuma's administration commits the most egregious follies, ever, even by the Third World standards. The anti-Mbeki sentiment initially helped to cover the most brainless maladministration. His cronies were quick to point out the Mbeki's follies, whilst inflicting the unrepairable damage to our society.

Any throw back to all Zuma and his goons' utterances and deeds will show anyone a consistent increase of senile dementia, or just plain stupidity. From his comments after being charged with rape; his threat to 'send away all non-school attending children; his jesus comments; his threat of the 'cold out there', including scaring the wits out of the God-fearing illiterates about 'going to hell' if they do not vote for him etc.

His most latest gaffe was the 'warning' that his dancing club should not vote for someone 'who is rich'. For crying out loud! A rags-to-riches semi-literate, who escaped sure goal sentence, to build himself a whooping R64 million palace, within four years in office, persuading people not to vote for 'rich' people? Ironically, he has not shed a drop of sweat for his and his procreation's ill-gotten riches.

He is also leading what can be called the richest political party in the Southern Hemisphere, with easy access to taxpayers' kitty and state contracts.
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Wiseguy

Posted 337 days ago
Hmmm, me thinks this is the "Operation Vula" or rather that should correctly be "Vala" brigade in full flight/action !!!!

Does our new commissioner have the "balls" and/or the political will to clip their wings!!
For the sake of the good people of this wonderful country.....I hope she does, but I won't be holding my breath,;-(!

newshound

Posted 337 days ago
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His remarks are beyond comprehension! It is so disgusting no words can describe it. One would have thought that immediately after his visit to reprimand the locals (who had repeatedly warned that they would take the law into their own hands unless something was done) Mthetwha would've rushed to confer with the province's police chief to see what could be done - or gotten his commissioners to confer with the province's police.

What a shame!

mbongwa_mugabe

Posted 337 days ago
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This is what you get when you voted thugs to run the country well done to all who voted for this corrupt government.
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DonaldKnight

Posted 337 days ago
And there lies the rub: some time ago, a British commentator made the point that one shouldn't be blaming the likes of Zuma and others, but those who voted for them. It is actually the voters who are corrupt (albeit because of poor education) and who have no ethical standards.

RSA.MommaCyndi

Posted 337 days ago
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"... narrow political reasons"

???? if your constituency requests assistance and you give it then it is 'doing your job'. Maybe if young Nathi did HIS job then there wouldn't be a cry for help and the constituents wouldn't be calling on the Premier. What are they afraid will come out?

bess

Posted 337 days ago
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What is the Minister trying to HIDE??

Perhaps its true that the ANC is using SAPS (and possibly their local thugs) to politically destablise the DA's administration in the Western Cape?

A commission of enquiry would inevitably expose such a ZANUpf - type strategy. Sies!
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Romy

Posted 337 days ago
Unfortunately the good policemen, of which there are many, are lumped in with the 'bad apples' who have given our police service a bad name. I personally know two outstanding young men who chose to become policemen because they have a passion to be of service in fighting crime. They started off training and volunteering as paramedics in high school, was active in community service, and achieved good matric results which would have enabled them to enter a different profession if they wished. However, they seem to be the exception, and it's a pity that there is now a 'stigma' attached to being a policeman or policewoman. It should be seen as an honourable profession, but my perception is that the police service generally does not attract the kind of people who should be there.