SAPS shoots down call for SA probe after losing
case
THE
Institute for Security Studies (ISS) on Monday again called for a commission of
inquiry to be set up to probe policing "inefficiencies" nationally,
as such a commission would go a "long way" to improving policing
throughout the country.
This
follows a Western Cape High Court ruling on Monday that the establishment of a
commission of inquiry into alleged police inefficiency in Khayelitsha was
legal.
Western
Cape Premier Helen Zille set up the commission last August after intense
lobbying by civil society groups who believed vigilante killings in Khayelitsha
were the result of failed policing in the area.
Police
Minister Nathi Mthethwa challenged the establishment of the inquiry, saying it
was an unlawful intrusion on the powers of the South African Police Service
(SAPS). The case was seen as the first real test of using provincial powers
against national authority.
"We
definitely welcome the judgment, but what we are now calling for is for a
commission of inquiry to be set up to probe policing inefficiencies throughout
the country," Johan Burger, senior researcher in the crime and justice
programme at the ISS said on Monday. He said calls for a commission of inquiry
should be seen as a "positive contribution".
"The
commission … in Khayelitsha will be a test case. Hopefully they will come with
authoritative findings … can you imagine how a commission of inquiry would
assist the police commissioner (Riah Phiyega) in improving policing?
"She
does not have much experience and it is almost impossible for her to fix the
problems faced by the police by herself," Mr Burger said.
SAPS
spokesman Zweli Mnisi said on Monday the calls by the ISS for the establishment
of a commission of inquiry into policing nationally were "opportunistic"
and should be "dismissed".
"We
will not even engage on that level. This judgment is an isolated incident … it
does not mean that there are policing problems everywhere in the country. The
ISS must not get excited," Mr Mnisi said.
He said
the police minister would study the judgment before deciding whether to appeal
or not. "The court gave us 10 days (to respond), so we are engaging with
our legal team," Mr Mnisi said.
A full
bench of the Western Cape High Court heard the case last month.
Judges
Jeanette Traverso and James Yekiso concurred that Mr Mthethwa’s application for
an urgent interdict against the commission be dismissed with costs. Judge
Traverso indicated that fellow Judge Vincent Saldanha had a different view.
The
judges also rejected claims of ulterior motives for the establishment of the
commission. Mr Mthethwa had argued that Ms Zille had a "political agenda,
which happened to coincide with the exponential growth of Khayelitsha as a
voting district".
