- Title
- Accountability of the police to provincial governments in South Africa: a comparative analysis of law and practice in the eastern and Western Cape Provinces
- Creator
- Tyabazayo, Phumlani
- Subject
- Police -- South Africa
- Subject
- Police power
- Subject
- Police administration
- Date
- 2022-03
- Type
- Doctoral theses
- Type
- text
- Identifier
- http://hdl.handle.net/10353/22456
- Identifier
- vital:52323
- Description
- The 2012 Constitutional Court matter between the national minister of police and the premier of the Western Cape (Minister of Police v Premier of the Western Cape 2013 (12) BCLR 1365 (CC)) concerning the exercise of provincial policing powers as provided for in chapter 11 of the Constitution of South Africa laid bare the tension between the national and provincial governments in the exercise of these powers. Despite the Court’s determination of the dispute, there are still grey areas regarding the constitutional obligations of the provinces with regard to policing. The result has been a lack of clarity and uniformity in the exercise of policing powers by various provinces in South Africa. Based on documentary analysis and interviews, this study explores the parameters of the powers of provinces in policing matters as well as the extent of accountability of the police to provincial governments in South Africa by comparing the law and practice in the Eastern Cape and Western Cape provinces. The study argues that if provinces are to effectively exercise their constitutional powers in policing matters, there needs to be a degree of uniformity in and a mutual understanding of the extent and parameters of provincial policing powers. Only when they clearly understand their powers in policing matters will provincial governments be able to develop legal and policy frameworks to consolidate their powers and effectively hold the police accountable. The study considers whether the current policing powers afforded to provinces are adequate and if not, whether constitutional reform is needed to afford provinces more and clearer policing powers. Furthermore, within the context of participatory democracy, the study takes an in-depth look into the accountability role of Community Police Forums. The study finds that, generally, provincial governments fall short in fulfilling the obligations imposed on them by the Constitution. The study further finds that, in practice, there is still uncertainty about the role of the provincial governments and the Civilian Secretariat for Police in policing matters. Among the recommendations of this study is that section 206 (1) of the Constitution be amended to give provinces power to formulate policing policy in respect of issues peculiar to a particular province. The study also proposes a model to enhance the exercise of provincial policing powers by provincial governments in South Africa.
- Description
- Thesis (PhD) -- Faculty of Law, 2022
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (237 leaves)
- Format
- Publisher
- University of Fort Hare
- Publisher
- Faculty of Law
- Language
- English
- Rights
- University of Fort Hare
- Rights
- All Rights Reserved
- Rights
- Open Access
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UFH Nelson R Mandela School of Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details | SOURCE1 | LLD Thesis_Tyabazayo_Final_Ver_28_March_2022.pdf | 2 MB | Adobe Acrobat PDF | View Details |