The Crime Prevention Wardens (CPWs) – popularly known as amaPanyaza – have been formally declared as Peace Officers in terms of Section 334 of the Criminal Procedure Act.
This was announced by the Minister of Justice and Constitutional Development, Mmamoloko Kubayi, during a joint media briefing with Police Minister Professor Firoz Cachalia and Gauteng Premier Panyaza Lesufi.
The wardens were disbanded last year following an investigation by the Public Protector (PP), which found that the CPWs’ establishment, appointment and deployment were not underpinned by an appropriate legislative framework and directed remedial actions to be taken.
Briefing the media on Friday 30 January, Kubayi assured that all the remedial actions directed by the PP have been acted upon.
“Government has worked collaboratively across spheres to address the legal deficiencies identified and to align the process with the applicable legislative framework. In this regard, over 9 000 wardens will be declared Peace Officers.
“[The] Minister of Justice and Constitutional Development has Gazetted and declared the Gauteng traffic wardens as Peace Officers and therefore making them lawful to operate,” she said.
The CPWs will receive specialised and accredited training, and then absorbed by the Community Safety Department in Gauteng.
“Government… confirms that training is a critical requirement in the process of declaring any category of persons as Peace Officers. Such training must attest to the competency of individuals to exercise powers contemplated in section 334 of the Criminal Procedure Act, 1977, and is considered by the Minister of Police when assessing requests for declaration.
“We confirm that the wardens are currently undergoing a second phase of training to qualify in line with their designated functions, following recommendations contained in the relevant technical report.
“This process is being undertaken alongside engagements with the relevant stakeholders to ensure full compliance with all legal and statutory requirements,” Kubayi said.
The Peace Officers may only exercise powers within a “specified jurisdiction, in relation to defined offences, and strictly within the scope set out in the declaration published in the Government Gazette”.
“These duties may only be exercised when an officer is properly appointed and in possession of a valid certificate of appointment, failing which, any action taken has no legal force or effect.
“Government has therefore ensured compliance with the legal and policy basis underpinning this declaration, including alignment with the National Road Traffic Act, 1996, the steps taken to give effect to the Public Protector’s remedial actions, and clarity on the scope of authority, powers and limitations applicable to the wardens,” Kubayi explained.
Force multiplier
Cachalia described the declaration as a “significant milestone in strengthening law enforcement capacity”.
“These Peace officers will play a critical role in supporting the criminal justice system. They will serve as a force multiplier for the SAPS by assisting with law enforcement functions within their designated powers.
“Their role enhances visibility, improves response capacity, and contributes to the prevention and detection of crime, particularly in high-pressure environments such as our road networks.”
He praised the Gauteng Provincial Government for creating innovative ways to fight crime.
“The rule of law is a core value of our constitutional order. But it’s not a straight jacket. It allows for innovative responses to public needs, including what is a core interest of our people, public order and safety.
“We are now in a position to implement this brainchild of Premier Lesufi in a way that is lawful and constitutionally compliant. It’s going to make a difference to the communities in Gauteng,” he said.
The Gauteng Premier echoed the Police Minister’s sentiments, stating that the province is determined to push back against criminality.
“This is a victory for the rule of law and for integrated crime fighting that helps align our efforts and strengthen the hand of the State against criminality. Our decision to support the SAPS was nothing else but to ensure that we push back crime in our province.
“Every time statistics were released, we knew that Gauteng was the epicentre of crime in our country.
“As the economic hub of our country, there was no way we could fold our arms when children are killed, women are attacked [and] people are mugged. We felt we must go beyond words… to push back crime in our province,” Lesufi asserted.
